# regon

John A Kitzhaber, MD, Governor

June 8, 2012 Dennis J. McLerran, Regional Administrator U.S. Enviromnental ProtectionAgency, Region 10 1200 Sixth Avenue Mail Code: RA-140 Seattle, WA 98101 

### Department ofEnvironmental 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 ofEnviromnental Quality (DEQ) requests approval ofrevisions to the Oregon State Implementation Plan (SIP) from the Office ofAir, Waste, and Toxics, State and Tribal Air Programs Unit ofthe U.S. EPA, Region 10. Enclosed for your review is onehard copy ofthe amendments and one electronic copy ofthe amendments are saved onthe disk included. The Enviromnental Quality Commission adopted the revisions to the SIP under OAR340-200-0040 on February 16,2012. DEQ submits these revisions to EPA as part ofthe SIP and pursuant to 40 CFR 51.104.

I certify that public notices were publishedinnewspapers ofgeneral circulation onJuly 18, 2011 and in the Secretary ofState's Oregon Bulletin on August 1, 2011. The notices included a statementthat adoption ofthe rules wouldrevise the SIP. I further certifY a public hearing was held onAugust 18, 2011 in Portland, Oregon. Thank you for your assistance withthese revisions to Oregon's SIP. The staffcontact 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 

### StaffReport, Agenda Item F ofthe 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 ofStaffReport, Agenda Item F, February 16-17,2012, EQC meeting) Attachment3: Provisions submitted for approval 

### 3.1 Adopted and amended rules submitted to Secretary ofState 

### 3.1a General Air Pollution Procedures and Definitions: OAR 340- 200-: 0020, 0040. Effective May 17,2012 3.1b 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 ofadopted and amended rules submitted to Secretary ofState 

### 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 Attachment4: 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 ofadequate public notice 

### 5.1 Affidavit ofPublication: The Oregonian, Notice ofJuly 18,2011 Attachment 6: Certification ofpublic bearing 

### Seeparagraph #3 ofcover letter and Attachment 7.1 Attachment 7: Compilation ofpublic 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 ofpublic comment and agency response, dated September 12,20114.2

See Attachment 1.1 "Commission Authority" (page #3 ofStaffReport, AgendaItem F, February 16-17, 2012, EQCI 

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## Attachment 1 Evidence the state has adopted the revision

1.1 StaffReport, Agenda Item F ofthe February 16-17,2012, EQC meeting Also see Certificate and Order for Filing Permanent Administrative Rules in Attachment 4.2

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( Attachment 1.1, page 1



### StateofOregon 

## Department ofEnvironmental 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 boilerrule · amendments · Feb.16-17,2012,EQCmeeting Why this is important

DEQ recommendation andEQC motion

Background and need for rulemaldng DEQ's·Heat Smartrules, as revised and approved by the commission in 2011, hadthe unintended consequence oflimiting the sale and use of some small-scale biomass or solid-fuel-burning commercial, industrial and institutional boilers. These boilers are necessary forbiomass energy initiatives planned in Oregon. DEQ proposes the attached rule revisions to exempt such boilers from Heat Smart rules, providedthey meet certain conditions. DEQ recommends thatthe commission adoptthe proposed revisions to OregonAdministrative Rules, Chapter340; divisions 200, 210, 228 and 262 as presented in attachmentA. DEQ also recommends thatthe commission amendthe Oregon Clean AirAct State Implementation Plan, and authorize DEQ to submitthese revisions to the U.S. Environmental Protection Agency for approval as revisions to Oregon's plan. In February 2011, the commission revised the Heat Smartrules to require small-scale solid fuel burning devices with maximum heat outputcapacities below one million BTUs perhourto meetEPA'sNew Source Performance Standards for residential wood healing appliances 1 in orderto 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 outdoorwood-fired boilers, also known as hydronic heaters, butcan also apply to some small-scale commercial space heating systems that use wood as aprimary fuel. Small and midsize biomass boilers used for commercial, institutional and industrial facilities are at a different scale than those used for residential or small140 CFR Part 60, SubpartAAA

Item F 000001

### ( Action item: Small and mid-size boiler rule amendments rutemaking Feb. 16-17, 2012, EQC meeting Page 2 of4

Effect ofrule scale commercial space heating, and should not be subjectto Heat Smart rules. Typically, theseboilers are for wood drying applications andfor heatingmuchlarger spaces, such as schools orhospitals. Such boilers are already subjectto existing state andfederal air quality standards, including fedetal airtaxies standards."'The current Heat Smartrules unintentionallyrestrictthe sale ofthese units in Gregori.

To resolve this concern, DEQ is proposingto exempt small-scale industrial, commercial, and institutional sold fuel boilers with heat outputs less than one million BTUsperhourfrom BeatSmartrules if they obtain construction approval from DEQ and are also subjectto National Emission Standards for Hazardous AirPollutants. This exemption would allow the sale ofthese small biomass boilers in

· Oregon.

Theproposedrule amendments also contain clarifications to existing rules affecting smaller emissions sources not subjectto DEQpermitting requirements. Existingrulesrequire that all air contaminant sources provide DEQ a Notice to Construct, and require sources, atDEQ's request, to register annually with DEQ:The proposedrules clarifythese requirements generally andmake clearthatregistration applies to the owneroroperator ofindustrial, commercial andinstitutional boilers that are located atunpermitted facilities and are subjecttoNational Emission Standards for Hazardous AirPollutants. Withregistration, DEQ canprovidetechnical assistance and can verify that the solid fuelburning device c.omplies withapplicableNESHAPs aswell as state standardsfor opacity and particulate grain loading. The commission adopted a temporary rule June 17, 2011, thatprovided an exemption to Heat Smartrulesfor small-scale biomass boilers. That temporary rule expired Dec: !9, 2011, in accordance withthe sixmonthtime limitfor temporary rules. Ifadopted, theseproposedrules would make permanent the Heat Smartexemption and allowthe sale of commercial, industrial and institutional solid fuel boilers subjectto National Emissions Standards for. Hazardous AirPollutantswith heat outputs less than one millionBTUsperhourthat have obtained construction approval from DEQ. · Theproposed rules also clarify that DEQ may require source testing or registration as a condition ofapproving construction ofanemission source not subjecttopermitting. Registrations would betriggered in the future upon DEQ request, allowingDEQto phase-in the registration process and managethe workload ofproviding technical assistance to boiler owners. Registrants would be reqnired to update their registration information annually. An owner oroperator ofa boiler at an existing facility with an air qualitypermitwill continue to Attachment 1. 1, page 2

ttem F ·ooooo2

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,, 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. Thereis no registration fee associated with theproposed rule amendments, butthere could be costs to owners and operators ofthe relevant devices. Those costswould be for any source testingDEQ detennines is necessary forthe device to demonstrate compliance with the grain loading standard. Theproposedrule amendments also improve readability ofrules for sulfur dioxide standards (OAR 340-228-0200}and grain loading standards (OAR 340-228-0120) for fuel burning equipment. Thisproposedrulemaking would amend the State ofOregonCleanAir Act State lmplementation Plan. The commissionhas 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 boilerprojects are under development across the state as partof Oregon's biomass initiative. Theseprojects are relying on federal and OregonDepartment ofEnergy funding, with criticalprojecttimelines. Withouttheseproposed rule amendments, someprojects under the state biomass initiative would notbe allowed in Oregon. DEQ's temporary Heat Smartrule, adopted June 2011, required all new small and mid-size commercial, industrial and institutional solid fuel burning devices to registerwithDEQwithin sixmonths ofconstruction, and the subsequent pennanentrulemaking documentsproposed forpublic commentin July 2011 were draftedto reflectthatproposal. DEQhas modified its pennanentproposal to requireregistration only upon DEQ's request. This allows DEQ more flexibility to require registrationonly whim necessary under the initial construction approvalprocess, and to phase in any ongoingregistration 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'spublic commentperiod for the proposedpennanent 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 commentperiod.

Item F000003

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( Attachment 1. 1, page 4

Action item: Small and**mid~size** boiler rule amendments rulemaking Feb. 16-17, 2012, EQC meeting Page4 of4

Nextsteps

Attachments

Availableupon request Ifadopted, theproposedpermanentrule·amendmentswould become effective upon filing with the Secretary ofState. DEQ'sAir Quality Divisionwill providetechnical.assistance to owners and operators of biomassboilers andother solid fuel burning devices. Outreach activities will be coordinated and implemented throughDEQ's Small. Business AssistanceProgram. DEQwill develop a simple, web-based construction approval andregistration tool for solid fuel burning devices affected by these rules. Formore information,thetechnical assistance implementation plan is available uponrequest. A. Proposedrules (redline) B

..Public hearingofficer'sreport C. Public comment and agency responses D. Relationship toFederalRequirements questions E. StatementofNeed and Fiscal and Economic Impact F. Land use evaluation stateUJent 1. Rulemaking announcement 2. Technical Assistance Implementation Plan 3. Temporary Rulemaking documents 4. EPAArea SourceMACTrules

Approved:

Reportprepared 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 "CommissionAuthority" (page #3 ofStaffReport, Agenda Item F ofthe February 16-17,2012, EQC meeting)

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## Attachment 3 

## Provisions submitted for approval

3.1 Adopted and amended rules submitted to Secretary ofState 3.la General Air Pollution Procedures aod Definitions: OAR 340-200-: 0020, 0040. Effective May 17, 2012 3.1b Stationary SourceNotification Requirements: OAR340-210-: 0100, 0110, 0120, 0250. Effective May 17,2012 3.1c Requirements for Fuel Buming Equipment aod Fuel Sulfur Content: OAR340- 228-: 0020,0200, 0210. Effective May 17, 2012 3.ld Heat Smart Program for Residential Woodstoves and Other Solid Fuel Heating Devices: OAR340-262-: 0450, 0600. Effective May 17,2012 3.2 Redline/strikeout version ofadopted and amended rules submitted to Secretary ofState 3.2a General Air Pollution Procedures and Definitions: OAR340-200-: 0020, 0040. Effective May 17, 2012 3.2b Stationary SourceNotification Requirements: OAR340-210-: 0100,0110, 0120, 0250. Effective May 17, 2012 3.2c Requirements for Fuel BumingEquipment aod Fuel Sulfur Content: OAR340- 228-: 0020,0200,0210. Effective May 17,2012 3.2d Heat Smart Program for Residential Woodstoves aod Other Solid Fuel Heating Devices: OAR340-262-: 0450, 0600. Effective May 17, 2012340-200-0020 

### GENERAL AIRPOLLUTION 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 sourcethat emits a regulated pollutant. (3) "Actual emissions" means the mass emissions ofa pollutant from an emissions source during a specified timeperiod. (a) For determining actual emissions as ofthe baseline period: (A) Except as provided inparagraphs (B) and (C) ofthis subsection and subsection (b) ofthis section, actual emissions equal the average rate at which the source actually emitted the pollutant during an applicable baseline period and thatrepresents normal source operation; (B) The Departmentpresumes thatthe source-specific mass emissions limit included in a source's permit that was effective on September 8, 1981 is equivalentto the source's actual emissions during the applicable baseline period ifit is within 10% ofthe actual emissions calculatedunder paragraph (A) of this subsection. (C) Actual emissions equal the potential to emit ofthe source for the sources listed inparagraphs (i) through (iii) ofthis paragraph. The actual emissions will be reset ifrequired in accordance with subsection (c) ofthis section. (i) Any source or part ofa source thathad not begunnortnal 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 ofa source ofgreenhouse gases that had not begun normal operations prior to January I, 2010, but was approved to construct and operate priorto January 1, 2011 in accordance with OAR 340 division 210, or (iii) Any source or part ofa source that had not begunnormal 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 ofa 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 ofthe source. The actual emissions will be reset ifrequired in accordance with subsection (c) ofthis section. (c) Where actual emissions equal potential to emit under paragraph (a)(C) or subsection (b) ofthis section, the potential emissions will be reset to actual emissions as follows: (A) Paragraphs (A) through (D) ofthis subsection apply to sources whose actual emissions of greenhouse gases were determined pursuantparagraph 3(a)(C), andto all other sources ofall other regulated pollutants that are permitted in accordance with OARdivision 224 on or after May 1, 201 L (B) Except as provided inparagraph (D) ofthis subsection, ten years from the end ofthe applicable baseline period underparagraph (a)(C) ortenyears from the date the permit is issued under subsection (b), or an earliertime ifrequested by the source in a permit application involving publicnotice, the Departmentwill reset actual emissions to equal the highest actual emission rate during any consecutive 12-month period during the ten year period or any shorterperiod ifrequested by the source. (C) Any emission reductions achieved due to enforceable permit conditions based on OAR 340-226- 0110 and 0120 (highest and bestpracticable treatment and control) are not included in the reset calculationrequired inparagraph (B) ofthis subsection. (D) The Departmentmay extendthe date ofresetting by five additional years upon satisfactory demonstrationby the source that construction is ongoing ornormal 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 limitedto, 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 PermitFees 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 operatinghours, productionrates, ortypes ofmaterials processed, stored, or combusted during the specified timeperiod. (4) "Adjacent" means interdependent facilities that are nearby to each other. (5) "Affected source" means a source that includes one ormore affected units that are subjectto emission reduction requirements or limitations under Title IV ofthe FCAA. (6) "Affected states" means all states: (a) Whose air quality may be affected by a proposed permit, permit modification, orpermit renewal and that are contiguousto Oregon; or (b) That are within 50 miles ofthe permitted source. (7) "Aggregate insignificant emissions" means the annual actual emissions ofany regulated airpollutant from one ormore designated activities at a source that are less than or equal to the lowest applicableAttachment 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 mustbe 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 subjectto a standard promulgated under or established by Title VI ofthe Act, and each criteriapollutant, 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 ofthe amount established in OAR 340-244-0040, Table 1or 340-244-0230, Table 3, or 1,000 pounds; (g) An aggregate of5,000 pounds for all Hazardous Air Pollutants; (h) 2,756 tons C02efor greenhouse gases. (8) "Air Contaminant" means a dust, fume, gas, mist, odor, smoke, vapor, pollen, soot, carbon, acid or particulate matter, or any combinationthereof. (9) "Air Contaminant Discharge Permit" or "ACDP" means a written permit issued, renewed, amended, or revised bythe Department, pursuantto OAR 340 division 216. (10) "Alternative method" means any method ofsampling and analyzing for an air pollutantthat is not a reference or equivalent method buthas been demonstrated to the Department's satisfactionto, in specific cases, produce results adequate for determination ofcompliance. An alternative method used to meet an applicable federal requirement for which a reference method is specified mustbe approved by EPA unless EPA has delegated authority for the approval to the Department. · (11) "Ambient Air" means that portion ofthe atmosphere, external to buildings, to which the general public has access. (12) "Applicable requirement" means all ofthe following as they apply to emissions units in an Oregon Title V Operating Permit program source or ACDP program source, including requirements that have beenpromulgated or approved by the EPA through rule making atthe time ofissuance buthave futureeffective compliance dates: (a) Any standard or other requirement provided for in the applicable implementationplan approved or promulgated by the EPA through rulemaking under Title I ofthe Act that implements the relevant requirements ofthe Act, including any revisions to that planpromulgated in40 CPR Part 52;Attachment 3. 1a, page 4 (b) Any standard orother requirement adopted under OAR 340-200-0040 ofthe State ofOregon Clean AirAct Implementation Planthat is more stringentthanthe federal standard orrequirement which has notyetbeen approved by the EPA, and other state-only enforceable air pollution control requirements; (c) Any term or condition in anACDP, OAR 340 division 216, including any term or condition ofany preconstructionpermits issued pursuantto 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 ofConstruction and Approval ofPlans, OAR 340-210-0205 through 340-210-0240, until or unless the Department revokes ormodifies the term orcondition by a Notice ofConstruction and Approval ofPlans or a permitmodification; (e) Anyterm or condition in a Notice ofApproval, OAR 340-218-0190, issued before July 1, 2001, until or unless the Department revokes or modifies the term or conditionby a Notice ofApproval or a permit modification; (f) Any term or condition ofa PSD permit issued by the EPA until orunless the EPA revokes or modifies the term or condition by a permit modification; (g) Any standard or other requirement under section 111 ofthe Act, including section 111(d); (h) Any standard or other requirement under section 112 oftheAct, including any requirement concerning accident prevention under section 112(r)(7) ofthe Act; (i) Any standard or other requirement ofthe acid rainprogram under Title IV ofthe Act orthe regulations promulgated thereunder; 

### G) Any requirements established pursuant to section 504(b) or section 114(a)(3) ofthe Act; (k) Any standard or otherrequirementunder section 126(a)(1) and(c) ofthe Act; (!)Any standard or other requirement governing solid waste incineration, under section 129 ofthe 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) ofthe Act; (o) Any standard orotherrequirement ofthe program to control airpollution from outer continental shelfsources, under section 328 ofthe Act; (p) Any standard or otherrequirement ofthe regulations promulgatedto protect stratospheric ozone under Title VI ofthe Act, unless the Administratorhas determined that such requirements need notbe contained in an Oregon Title V Operating Permit; and (q) Any national ambient air quality standard or increment orvisibility requirement under part C ofTitle I ofthe Act, but only as it would apply to temporary sources permitted pursuant to section 504(e) ofthe 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 ofoperation that occurred after thatbaseline period. (a) A baseline emissionrate will be established only for regulated pollutants subjectto OAR 340 division 224 as specified in the definition ofregulated pollutant. A baseline emission rate will not be established for PM2.5. (b) The baseline emission rate for greenhouse gases, on a C02ebasis, will be established withthe first permitting action issued after July 1, 2011, provided the permitting action involved a public notice peliod thatbegan afterJuly I, 2011. (c) For a pollutantthatbecomes a regulated pollutant subjectto OAR 340 division 224 after May 1, 2011, the initial baseline emissionrate is the actual emissions ofthatpollutant during any consecutive 12 monthperiod within the 24 months immediately preceding its designation as a regulatedpollutant ifa baseline period has notbeen defined for the pollutant. (d) The baseline emission rate will be recalculated ifactual emissions are reset inaccordance with the definition ofactual emissions. (e) Once the baseline emissionrate has been established or recalculated in accordance with subsection (d) ofthis section, the production basis for the baseline emission rate may onlybe changed ifa 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 calendarmonthperiod during the calendar years 1977 or 1978 for any regulated pollutant otherthan greenhouse gases. The Department may allow the use ofa priortime period upon a determination that it is more representative ofnormal source operation. (b) Any consecutive 12 calendar monthperiod during the calendar years 2000 through 2010 for greenhouse gases. (15) "Best Available Control Technology" or "BACT" means an emission limitation, including, butnot limited to, a visible emission standard, based onthe maximum degree ofreduction ofeach air contaminant subjectto 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 ormodification through application ofproduction processes or available methods, systems, and techniques, including fuel cleaning or treatment or innovative fuel combustion techniques for control ofsuch air contaminant. In no event may the application ofBACT result in emissions ofany air contan1inant that would exceedthe emissions allowed by any applicable new source performance standard or any standard for hazardous air pollutant. Ifan emission limitation is not feasible, a design, equipment, work practice, or operational standard, or combination thereof, may be required. Suchstandard 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 ofnonfossilized 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 (includingbut not limited to hoods, ducts, fans, andbooths) used to contain, capture and transport a pollutantto a control device. (19) "Carbon dioxide equivalent" or "C02e"means an amount ofa greenhouse gas or gases expressed as the equivalent amount ofcarbon dioxide, and shall be computed by multiplyingthe mass ofeach of · the greenhouse gases by the global warmingpotential 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 ofcarbon dioxide. (20) "Categorically insignificant activity" means any ofthe following listed pollutant emitting activities principally supportingthe source orthe major industrial group. Categorically insignificant activities must comply with all applicable requirements. (a) Constituents ofa chemical mixture present at less than 1% by weight ofany chemical or compound regulated under divisions 200 through 268 excluding divisions 248 and 262 ofthis chapter, or less than 0.1% by weight ofany carcinogen listed in the U.S. Department ofHealth and Human Service's Annual Report on Carcinogens whenusage ofthe 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 equipmentrated 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 andparking lot maintenance; 

### G) On-site laundry activities; (k) On-site recreation facilities; (I) Instrument calibration;Attachment 3.1a, page 7 (m) Maintenance and repair shop; (n) Automotive repair shops or storage garages; (o) Aircooling orventilating eqnipmentnot designed to remove air contaminants generated by or released from associated equipment; (p) Refrigeration systems with less than 50 pounds ofcharge ofozone 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) Airpurification systems; (w) Continuons emissions monitoring vent lines; (x) Demineralized water tanks; (y) Pre-treatment ofmunicipal water, including use ofdeionized 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 subjectto any New Source Performance Standards (NSPS), including underground storage tanks (UST), storing gasoline or diesel used exclusively for fueling ofthe facility's fleet ofvehicles; (kk) Natural gas, propane, and liquefiedpetroleum gas (LPG) storage tanks andtransfer equipment; (ll) Pressurized tanks containing gaseous compounds; (mm) Vacuum sheet stackervents; (nn) Emissions from wastewater discharges to publicly owned treatment works (POTW) providedthe 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 airpollutant emissions offugitive dust from paved and unpaved roads except for those sources that haveprocesses or activities that contribute to the deposition and entrainment ofhazardous airpollutants from surface soils; (tt) Health, safety, and emergency response activities; (uu) Emergency generators andpumps used only during Joss ofprimary equipment or utility service due to circumstances beyond the reasonable control ofthe owner oroperator, orto address a power emergency as determined bythe Department; (vv) Non-contact steam vents and leaks and safety and reliefvalves for boiler steam distribution systems; (ww) Non-contactsteam condensate flash tanks; (xx) Non-contact steam vents on condensate receivers, deaerators and similar equipment; (yy) Boiler blowdowntanks; (zz) Industrial coolingtowers that do not use chromium-based watertreatment chemicals; (aaa) Ashpiles maintained in a wetted condition and associated handling systems and activities;Attachment 3.1a, page 9 (bbb) Oil/water separators in effluenttreatment 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) Stockcleaning 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 ofa source who certifies the accuracy ofthe emission statement. (22) "CFR" means Code ofFederal Regulations. (23) "Class I area"means any Federal, State orIndian 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 operatorhas obtained all necessary preconstruction approvals required bythe Act and either has: (a) Begun, or caused to begin, a continuous program ofactual on-site construction ofthe sourceto be completed in a reasonable time; or (b) Entered into binding agreements or contractual obligations, which cmmot be canceled ormodified without substantial loss to the owner or operator, to undertake a program ofconstruction ofthe source to be completed in a reasonable time. (25) "Commission" or "EQC" means Environmental Quality Commission. (26) "Constant Process Rate" means the average variation inprocess rate for the calendar year is not greaterthan plus or minus tenpercent ofthe average process rate. (27) "Construction": (a) Except as provided in subsection (b) ofthis section means anyphysical change including, but not limited to, fabrication, erection, installation, demolition, or modification ofa source orpart ofa source; (b) As used in OAR 340 division 224 means anyphysical change including, but not limited to, fabrication, erection, installation, demolition, or modification ofan emissions unit, or change in the method ofoperation ofa source which would result in a change in actual emissions. (28) "Continuous compliance detennination method" means a method, specified by the applicable standard oran 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; andAttachment 3.1a, page 10 (b) Provides data either in units ofthe 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 withthe Department's Continuous Monitoring Manual, and includes continuous emission monitoring systems, continuous opacity monitoring system (COMS) and continuousparameter monitoring systems. (30) "Control device" means equipment, otherthan inherentprocess equipmentthat is used to destroy or remove airpol!utant(s) prior to discharge to the atmosphere. Thetypes ofequipmentthatmay 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 ornon-catalytic reduction systems, flue gas recirculation systems, spray dryers, spray towers, mist eliminators, acid plants, sulfurrecovery plants, injection systems(such as water, steam, anunonia, sorbent orlimestone injection), and combustion devices independent ofthe particularprocess being conducted at an emissions unit(e.g., the destruction ofemissions achieved by ventingprocess emission streams to flares, boilers orprocess heaters). Forpurposes ofOAR 340-212-0200 through 340- 212-0280, a control device does not include passive control measures that act to preventpollutants from forming, such as the use ofseals, lids, orroofs to preventthe release ofpollutants, use oflow-polluting fuel orfeedstocks, orthe use ofcombustion orotherprocess design features or characteristics. Ifan applicable requirement establishes that particular equipment which otherwise meets this definition ofa control device does not constitute a control device as applied to a particularpollutant-specific emissions unit, thenthat definition will be binding for purposes ofOAR 340-212-0200 through 340-212-0280. (31) "CriteriaPollutant" means nitrogen oxides, volatile organic compounds, particulate matter, PM10, PM2.5, sulfurdioxide, carbon monoxide, or lead. (32) "Data" means the results ofany type ofmonitoring or method, including the results ofinstrumental ornon-instrumental monitoring, emission calculations, manual sampling procedures, recordkeeping procedures, or any other form ofinformation collectionprocedure used in connectionwith any type of monitoring ormethod. (33) "De minimis emission levels" mean the levels for the pollutants listed in Table 4. NOTE: De minimis is comparedto 

### all increases that are not included in the PSEL. (34) "Department": (a) Means Department ofEnvironmental Quality; except (b) As used in OAR 340 divisions 218 and 220 means Department ofEnvironmental Quality or inthe case ofLane County, Lane Regional AirProtectionAgency. (35) "Device" means any machine, equipment, raw material, product, or byproduct at a source that produces or emits a regulatedpollutant. (36) "Direct PM2.5" has the meaning provided in the definition ofPM2.5.Attachment 3.1 a, page 11 (37) "Director" means the Director ofthe Department orthe Director's designee. (38) "Draftpennit" means the version ofan Oregon Title V Operating Permit for whichthe Department or Lane Regional Air Protection Agency offers public participation under OAR 340-218-0210 orthe EPA and affected State reviewunder 340-218-0230. (39) "Effective date ofthe program" means the date that the EPA approves the OregonTitle V Operating Permit program submitted by the Department on a full or interim basis. In case ofa partial approval, the "effective date ofthe program" for eachportion ofthe program is the date ofthe EPA approval ofthat portion. (40) "Emergency" means any situation arising from sudden and reasonably unforeseeable events beyond the control ofthe owner or operator, including acts ofGod, which situation requires immediate corrective actionto restore nonnal operation, andthat causes the source to exceed a technology-based emission limitation under thepermit, due to unavoidable increases in emissions attributable to the emergency. An emergency does not include noncompliance to the extentcausedby improperly designed equipment, lack ofpreventative maintenance, careless or improper operation, or operator error. (41) ."Emission" means a release into the atmosphere ofany regulatedpollutant 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 ofthe emission factor. (43) "Emission Factor" means an estimate ofthe rate at which a pollutant is released into the atmosphere, as the result ofsome activity, divided by the rate ofthat activity (e.g., production orprocess rate). (44)(a) Except as provided in subsection (b) ofthis section, "Emission Limitation" and "Emission Standard" mean a requirement establishedby a State, local govennnent, orthe EPA which limits the quantity, rate, or concentration ofemissions ofairpollutants on a continuous basis, including any requirements which limit the level ofopacity, prescribe equipment, setfuel specifications, orprescribe 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 requirementthat constitutes an emission limitation, emission standard, standard of performance or means ofemission limitation as defined underthe Act. An emission limitation or standard may be expressed in terms ofthepollutant, expressed either as a specific quantity, rate or concentration ofemissions (e.g., pounds ofS02 per hour, pounds ofS02 per million Britishthermal units offuel input, kilograms ofVOCper liter ofapplied coating solids, or parts permillion by volume ofS02) or as the relationship ofuncontrolled to controlled emissions (e.g., percentage capture and destruction efficiency ofVOC orpercentage 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, oroperation and maintenance requirement. Forpurposes of340- 212-0200 through 340-212-0280, an emission limitation or standard does not include general operation requirements that an owner or operatormay 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, submitreports, or conduct monitoring.Attachment 3.1 a, page 12 (45) "Emission Reduction Credit Banking" means to presently reserve, subjectto requirements ofOAR 340 division 268, Emission Reduction Credits, emission reductions for use by the reserver or assignee for future compliance with airpollution reduction requirements. (46) "Emission Reporting Form" means a paper or electronic form developed by the Department that must be completed by thepermittee to report calculated emissions, actual emissions, or permitted emissions for interim emission fee assessmentpurposes. ( 47) "Emissions unit" means any part oractivity ofa source that emits or has the potential to emit any regulated airpollutant. (a) A part ofa source is any machine, equipment, rawmaterial, product, or byproduct that produces or emits regulated airpollutants. An activity is any process, operation, action, orreaction (e.g., chemical) at a stationary sourcethat emits regulated air pollutants. Except as described in subsection (d) ofthis section, parts and activities may be grouped for purposes ofdefining an emissions unit ifthe following conditions are met: (A) The group used to define the emissions unit may notinclude discrete parts or activities to which a distinct emissions standard applies orfor which different compliance demonstrationrequirements apply; and (B) The emissions from the emissions unit are quantifiable. (b) Emissions units may be defined on a pollutantbypollutant basis where applicable. (c) The term emissions unit is not meantto alter or affect the definition ofthe term "unit" underTitle 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 ofany New Source Performance Standard (NSPS). ( 48) "EPA" or "Administrator" means the Administrator ofthe United States Environmental Protection Agency orthe Administrator's designee. ( 49) "Equivalentmethod" means any method ofsampling and analyzing for an airpollutant 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 equivalentmethod used to meet an applicable federal requirementfor 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 ofan emission limitation or standard and that indicates that emissions (or opacity) are greaterthan the applicable emission limitation or standard( orless thanthe applicable standard in the case ofa percent reductionrequirement) consistentwith any averaging period specified for averaging the results ofthe monitoring.Attachment 3.1 a, page 13 (52) "Excess emissions" means emissions in excess ofa 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 ofthe monitoring. (54) "Federal Land Manager" means with respect to any lands in the United States, the Secretary ofthe federal department with authority over such lands. (55) "Federal Major Source" means a source with potential to emit any individual regulated pollutant, excludinghazardous airpollutants listed in OAR 340 division 244, greater than or equal to 100 tons per year ifin a source category listed below, or250 tonsper year ifnot in a source category listed. In addition, for greenhouse gases, a federal major source must also have thepotential to emit C02egreater than orequal to 100,000 tons peryear. The fugitive emissions and insignificant activity emissions ofa 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 ormodified source and may include emission decreases. (a) Fossil fuel-fired steam electric plants ofmore than 250 million BTU/hourheat 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 ofcharging more than 50 tons ofrefuse per day; 

### G) Hydrofluoric acid plants; (k) Sulfuric acid plants; (I) Nitric acid plants; (m) Petroleum Refineries; (n) Lime plants; (o) Phosphate rock processingplants; (p) Coke oven batteries;Attachment 3.1a, page 14 (q) Sulfur recovery plants; (r) Carbon blackplants, furnace process; (s) Primary lead smelters; (t) Fuel conversion plants; (u) Sinteringplants; (v) Secondary metal productionplants; (w) Chemical process plants; (x) Fossil fuel fired boilers, or combinations thereof, totaling more than 250 million BTUper hour heat input; (y) Petroleum storage andtransfer units with a total storage capacity exceeding 300,000 barrels; (z) Taconite ore processing plants; (aa) Glass fiber processing plants; (bb) Charcoal productionplants, (56) "Final permit" means the version ofan Oregon Title V Operating Permit issued bythe Department orLane Regional AirProtectionAgencythat has completed all review procedures required by OAR 340-218-0120 through 340-218-0240. (57) "Form" means a paper or electronic form developed bythe Department. (58) "Fugitive Emissions": (a) Except as used in subsection (b) ofthis section, means emissions ofany 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 OperatingPermit 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) ofthis section, means an Oregon Air ContaminantDischarge Permitestablished 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 ifexpected 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 ofsix greenhouse gases: carbon dioxide, nitrous oxide, methane, hydrofluorocarbons, perfluorocarbons, and sulfur hexafluoride. Each gas is also individually a greenhouse gas. (b) The definition ofgreenhouse gases in subsection (a) ofthis section does not include, for purposes of division 216,218, and 224, carbon dioxide emissions fromthe combustion or decomposition ofbiomass exceptto the extent required by federal law. (62) "Growth Allowance" means an allocation ofsome part ofan airshed's capacity to accommodate future proposed major sources and major modifications ofsources. (63) "Immediately" means as soon as possible but in no case more than one hour after a source knew or should have known ofan excess emissionperiod. (64) "Inherentprocess equipment" means equipmentthat is necessary for the proper or safe functioning ofthe process, ormaterial recovery equipmentthat the owner or operator documents is installed and operatedprimarily for purposes otherthan compliance with airpollutionregulations. Equipmentthat must be operated at an efficiency higherthan that achieved during normal process operations in orderto comply withthe applicable emission limitation or standard is not inherentprocess equipment. Forthe purposes ofOAR 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 Departmenthas designated as categorically insignificant, orthatmeets the criteria ofaggregate 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 insignificantto 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. (67) "Late Payment" means a fee payment which is postmarked after the due date. (68) "Lowest Achievable Emission Rate" or "LAER" means that rate ofemissions which reflects: the most stringent emission limitation which is contained in the implementationplan ofany state for such class or category ofsource, unless the owner or operator ofthe proposed source demonstrates that such limitations are not achievable; orthe most stringent emission limitation which is achieved inpractice by such class or category ofsource, whichever is more stringent. The application ofthis term cannot penni! a proposed new or modified source to emit any air contaminant in excess ofthe amount allowable under applicable New Source Performance Standards (NSPS) or standards for hazardous air pollutants.Attachment 3. 1a, page 16 (69) "Maintenance Area" means a geographical area ofthe State that was designated as a nonattainment area, redesignated as an attainment areaby EPA, and redesignated as a maintenance areaby 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) "MajorModification" means anyphysical change or change inthe method ofoperation ofa source that results in satisfYing the requirements ofboth subsections (a) and (b) ofthis section, or ofsubsection (c) ofthis section for any regulated airpollutant. Major modifications for ozone precursors orPM2.5 precursors also constitute major modifications for ozone and PM2.5, respectively. (a) Except as provided in subsection (d) ofthis section, a PSEL that exceedsthe nettingbasis by an amountthat is equal to or greaterthan the significant emission rate. (b) The accumulation ofemission increases due to physical changes and changes inthe method of operation as determined in accordance withparagraphs (A) and (B) ofthis subsection is equal to or greaterthanthe significant emission rate. (A) Calculations ofemission increases in subsection (b) ofthis sectionmust account for all accumulated increases in actual emissions due to physical changes and changes inthe method ofoperation occurring atthe source since the applicable baseline period, or since the time ofthe last construction approval issued for the sourcepursuantto the New Source Review Regulations in OAR 340 division 224 for that pollutant, whichevertime is more recent. These include fugitive emissions and emissions from insignificant activities. (B) Emission increases due solelyto increased use ofequipment orfacilities 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 ofoperation. (c) Any change at a source, includingproduction increases, that would result in a Plant Site Emission Limit increase of 1ton or more for any regulated pollutant for whichthe source is a major source in nonattaiument or maintenance areas or a federal major source in attainment orunclassified areas, ifthe source obtainedpermits to construct and operate after the applicable baseline period but has not undergone New Source Review. (A) Subsection (c) ofthis section does not apply to PM2.5 and greenhouse gases. (B) Changes to the PSEL solely due to the availability ofbetter emissions information are exempt from being considered an increase. (d) Ifa portion ofthe netting basis or PSEL (or both) was set based onPTEbecause the source had not begun normal operations but was permitted or approved to construct and operate, thatportion ofthe netting basis orPSEL (or both) must be excluded from the tests in subsections (a) and (b) ofthis section until the nettingbasis is reset as specified in the definitions ofbaseline emissionrate and netting basis. (e) The following are not considered major modifications:Attachment 3.1a, page 17 (A) Except as provided in subsection (c) ofthis section, proposed increases inhours ofoperation or productionrates that would cause emission increases above the levels allowed in a permit and would not involve a physical change or change in method ofoperation inthe source; (B) Routine maintenance, repair, and replacement ofcomponents; (C) Temporary equipment installed for maintenance ofthe permanent equipment ifthe temporary equipment is inplace for less than six months and operated within the permanent equipment's existing PSEL; (D) Use ofalternate fu.el orraw 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) ofthis section, means a source that emits, or has the potential to emit, any regulated airpollutant at a SignificantEmission Rate. The fugitive emissions and insignificant activity emissions ofa stationary source are considered indetermining 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 ofstationary sources that are located on one ormore contiguous or adjacent properties and are under commoncontrol ofthe same person (orpersons under common control)) belonging to a single major industrial grouping or supportingthe major industrial group and that is described in paragraphs (A), (B), (C) or (D) ofthis subsection. Forthe purposes ofthis subsection, a stationary source or group ofstationary sources is considered part ofa single industrial grouping ifall of the pollutant emitting activities at such source or group ofsources on contiguous oradjacent 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 ofManagement and Budget, 1987) or support the major industrial group. (A) A major source ofhazardous air pollutants, which means: (i) For pollutants other than radionuclides, any stationary source or group ofstationary sources located within a contiguous area and under common control that emits or has thepotential to emit, in the aggregate, 10 tons per year (tpy) or more ofany hazardous air pollutants that has been listed pursuant to OAR 340-244-0040; 25 tpy or more ofany combination ofsuchhazardous airpollutants, 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 similarunits, 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 ofair pollutants, as defined in section 302 ofthe Act, that directly emits orhas the potential to emit 100 tpy ormore ofany regulated air pollutant, except greenhouse gases, including any major source offugitive emissions ofany suchpollutant. The fugitive emissions ofa stationary source are not considered in determining whether it is a major stationary source for the purposes ofsection 302G) ofthe Act, unless the source belongs to one ofthe 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 ofcharging more than 50 tons ofrefuse per day; (ix) Hydrofluoric, sulfuric, ornitric acid plants; (x) Petroleumrefineries; (xi) Lime plants; (xii) Phosphate rock processingplants; (xiii) Coke oven batteries; (xiv) Sulfurrecovery plants; (xv) Carbon blackplants(furnace process); (xvi) Primary lead smelters; (xvii) Fuel conversion plants; (xviii) Sintering plants; (xix) Secondary metal productionplants; (xx) Chemical process plants; (xxi) Fossil-fuel boilers, or combination thereof, totaling more than 250 million Britishthermal 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 ofmore than 250 million British thermal units per hour heat input; or (xxvii) Any other stationary source category, that as ofAugust 7, 1980 is beingregulated undersection 111 or 112 ofthe Act (C) Beginning July 1, 2011, a major stationary source ofair pollutants, as defined by Section 302 ofthe Act, that directly emits orhas the potential to emit 100 tpy ormore ofgreenhouse gases and directly emits or has the potential to emit 100,000 tpy ormore C02e, including fugitive emissions. (D) A major stationary som-ce as defined in part D ofTitle I oftheAct, including: (i) For ozone nonattainment areas, sources with the potential to emit 100 tpy or more ofVOCs or oxides ofnitrogen in areas classified as "marginal" or "moderate," 50 tpy or more in areas classified as "serious," 25 tpy ormore in areas classified as "severe," and 10 tpy or more in areas classified as "extreme"; exceptthat the references in this paragraph ofthis subsection to 100, 50, 25, and 10 tpy of nitrogen oxides do not apply withrespect to any source for which the Administratorhas made a finding, under section 182(£)(1) or (2) ofthe Act, that requirements under section 182(f) ofthe Act do not apply; (ii) Forozone transportregions established pursuantto section 184 ofthe Act, sources with the potential to emit 50 tpy ormore 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 ofcarbon monoxide. (iv) Forparticulate matter(PM10) nonattainment areas classified as "serious," sources with the potential to emit 70tpyormore ofPMlO. (73) "Material Balance" means a procedure for determining emissions based on the difference in the amount ofmaterial 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 ofoperation 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 inhours ofoperation orproduction rates that do not involve a physical change orchange in the method ofoperation; (b) Changes in the method ofoperationdueto using an alternative fuel or raw material that the stationary source was physically capable ofaccommodating during the baseline period; and (c) Routine maintenance, repair and like-for-like replacement ofcomponents unless they increase the expected life ofthe stationary source byusing component upgrades that would not otherwisebe necessary for the stationary source to function. (75) "Monitoring" means any form ofcollecting 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 ofrawmaterial content andusage, .orrecords documenting compliance with work practice requirements). Monitoring may include conducting compliance method tests, such as the procedures in appendix A to 40 CFRpart 60, on a routine periodic basis. Requirements to conduct suchtests on a onetime basis, or at suchtimes as a regulatory authority may require on a non-regularbasis, are not considered monitoring requirements for purposes ofthis definition. Monitoring may include one or more than one ofthe following data collectiontechniques as appropriate for a.particular circumstance: (a) Continuous emission or opacity monitoring systems. (b) Continuous process, capture system, control device or other relevant parametermonitoring systems orprocedures, including a predictive emission monitoring system. (c) Emission estimation and calculationprocedures (e.g., mass balance or stoichiometric calculations). (d) Maintaining and analyzingrecords offuel orrawmaterials usage. (e) Recordingresults ofa program or protocol to conduct specific operation and maintenance procedures. · (f) Verifying emissions, process parameters, capture system parameters, or control deviceparameters using portable orin situ measurement devices. (g) Visible emission observations and recording. (h) Any other form ofmeasuring, recording, orverifYing on a routine basis emissions, process parameters, capture systemparameters, control device parameters or other factors relevant to assessing compliance with emission limitations or standards. (76) "Netting Basis" means the baseline emissionrate MINUS any emissionreductions required by rule, orders, orpermit 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 offsite, PLUS any emission increases approved through the New Source Review regulations in OAR 340 division 224 MINUS any emissions reductions required by subsection (g) ofthis section.Attachment 3. 1a, page 21 (a) A netting basis will only be established for regulated pollutants subjectto OAR 340 division 224 as specified in the definition ofregulated pollutant. (b) The initial PM2.5 netting basis and PSEL for a source that was permitted priorto May 1, 2011 will be established with the first permitting action issued afterJuly 1, 2011, provided the permitting action involved a public notice periodthat began afterJuly 1, 2011. (A) The initial netting basis is the PM2.5 fraction ofthe PMJO netting basis in effect onMay 1, 2011. DEQ may increase the initial PM2.5 netting basis by up to 5 tons ifnecessary to avoid exceedance ofthe PM2.5 significant emission rate as ofMay 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 ofthe PMI0 PSEL. (c) The initial greenhouse gas netting basis and PSEL for a source will be established withthe first permitting action issued afterJuly 1, 2011, provided the permitting action involved a public notice periodthatbegan after July 1, 2011. (d) Nettingbasis is zero for: (A) Any regulated pollutantemitted from a source that first obtainedpermits to construct and operate after the applicable baseline period for thatregulated pollutant, and has not undergone New Source Review for thatpollutant; (B) Anypollutant 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) Ifa 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 ifthe source currently has devices or emissions units that are subject to the rules, order, orpermit condition. The baseline emission rate is not affected. The netting basis reduction will be effective on the effective date ofthe rule, order, or permit condition requiring the reduction. The PSEL reduction will be effective on the compliance date ofthe rule, order, or permit condition. (g) Forpermits issued after May I, 2011 under New Source Reviewregulations in OAR 340 division 224, and where the netting basis initially equaled the potential to emit for a new ormodified source, the netting basis will be reduced in accordance with the definition ofactual emissions. Notwithstanding OAR 340-222-0041(2), this adjustment does not require a reduction in the PSEL. (h) Emissionreductions 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 ifthe source is emitting the pollutant at the time ofredefining 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 thanthe level used inthe dispersion modeling to demonstrate attainment with the ambient air quality standard (i.e., the attainment demonstration is an emissionreduction required by rule). (77) "Nitrogen Oxides" or "NOx" means all oxides ofnitrogen except nitrous oxide. (78) "Nonattainment Area" means a geographical area ofthe State, as designated bythe Environmental Quality Commission orthe EPA, that exceeds any state or federal primary or secondary ambient air quality standard. (79) "NonattainmentPollutant" 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, orhighly 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 ormajor modification ofan existing source. (82) "Opacity" means the degree to which an emission reduces transmission oflight and obscures the viewofan object in the background as measured in accordance with OAR 340-212-0120 and 212-0140. Unless otherwise specifiedby rule, opacity shall be measured in accordance with EPA Method 9 or a continuous opacity monitoring system (COMS) installed and operated in accordance withthe Department's Continuous Monitoring Manual. For all standards, the minimum observationperiod shall be six minutes, though longerperiods may be required by a specific rule orpermit condition. Aggregate times (e.g. 3 minutes in any one hour) consist ofthe total duration ofall readings during the observation periodthat equal or exceedthe opacitypercentage in the standard, whether ornotthe readings are consecutive. (83) "OregonTitle V Operating Permit" means any permit covering an Oregon TitleV Operating Permit source thatis issued, renewed, amended, orrevised pursuantto division 218. (84) "Oregon Title V Operating Permitprogram" means a program approved by the Administrator under 40 CFRPart 70. (85) "Oregon Title V Operating Permitprogram source" means any source subjectto 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 CFRPart 60, appendix A oras measured by a material balance calculation for VOC as appropriate. (87) "Ozone Season" means the contiguous 3 monthperiod 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, emittedto the ambient air. When used in emission standards, particulate matter is defined bythe 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 bythe Department. Direct heat transfer sources shall be tested with DEQ Method 7; indirectheattransfer combustion sources and all other non-fugitive emissions sources not listed above shall be tested with DEQ Method 5. (89) "Permit" means anAir ContaminantDischarge Permit or an Oregon Title V Operating Permit. (90) "Permit modification" means a permit revision that meets the applicable requirements ofOAR 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 eachregulatedpollutantportion ofthe PSEL, as identified in anACDP, Oregon Title V Operating Permit, review report, orbythe Department pursuantto OAR 340-220-0090. (93) "Permittee" means the owner or operator ofthe facility, authorized by the ACDP orthe 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 ofOregon and any agencies thereof, and the federal governmentand any agencies thereof. (95) "Plant Site Emission Limit" or "PSEL" means the total mass emissions perunit time ofan individual airpollutant specified ina 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 ofemissions, 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 I0 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 ofambient 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 ofdirect PM2.5 emissions, means finely divided solid or liquid material, including condensable particulate, otherthan 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 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.Attachment 3.1a, page 24 (c) Whenused in the context ofambient concentration, means particles with an aerodynamic diameter less than orequal to a nominal 2.5 micrometers as measuredby a reference method based on40 CFR Part 50, Appendix L, or an equivalent method designated in accordance with40 CFRPart 53. (98) "PM2.5 fraction" means the fraction ofPM2.5 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 withrespect to each regulated airpollutant. (100) "Potential to emit" or "PTE" means the lesser of: (a) The capacity ofa stationary source; or (b) The maximum allowable emissions taking into consideration anyphysical oroperational limitation, including air pollution control equipment and restrictions onhours ofoperation or onthe type or amount ofmaterial combusted, stored, orprocessed, ifthe limitation is enforceable bythe Administrator. (c) This definition does not alter or affect the use ofthis term for any otherpurposes underthe Act or the term "capacity factor" as used in Title IV ofthe Act and the regulations promulgatedthereunder. Secondary emissions are not considered in determining the potential to emit. (101) "Predictive emission monitoring system (PEMS)" means a system thatuses process and other parameters as inputs to a computerprogram or other datareduction system to produce values in terms of the applicable emission limitation or standard. (102) "Process Upset" means afailure ormalfunction ofa productionprocess or system to operate in a normal andusual manner. (I03) "Proposed permit" means the version ofan Oregon Title V Operating Permitthat the Department or a Regional Agency proposes to issue and forwards to the Administrator for review in compliance with OAR 340-218-0230. (I04) "Reference method" means any method ofsampling and analyzing for an air pollutant as specified in 40 CFRPart 52, 60, 61 or 63. (105) "Regional Agency" means Lane Regional Air Protection Agency. (106) "Regulated airpollutant" or "Regulated Pollutant": (a) Except as provided in subsections (b) and(c) ofthis section, means: (A) Nitrogen oxides or any VOCs; (B) Anypollutant for which a national ambient air quality standard has been promulgated, including any precursors to suchpollutants; (C) Anypollutant that is subject to any standard promulgated under section Ill ofthe Act;Attachment 3.1a, page 25 (D) Any Class I or II substance subjectto a standard promulgated under or established by Title VI ofthe 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 ofnitrogen and sulfur dioxide. · (c) As used in OAR 340 division 224, regulated pollutant does not include anypollutant listed in divisions 244 and 246, unless the pollutant is listed in OAR 340 division 200 Table 2 (significant emission rates). (I07) "Renewal" means the process by which a permit is reissued at the end ofits term. (I08) "Responsible official" means one ofthe following: (a) For a corporation: a president, secretary, treasurer, or vice-president ofthe corporation in charge ofa principal business function, or any otherperson who performs similarpolicy ordecision-making functions for the corporation, or a duly authorized representative ofsuchperson ifthe representative is responsible for the overall operation ofone ormore manufacturing, production; or operating facilities applying for or subjectto 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 ofauthority to suchrepresentative is approved in advance bythe Department or Lane Regional Air Protection Agency. (b) For a partnership or sole proprietorship: a general partner ortheproprietor, respectively; (c) For a municipality, State, Federal, or otherpublic agency: either a principal executive officer or ranking elected official. Forthe purposes ofthis division, a principal executive officer ofa Federal agency includes the chiefexecutive officer having responsibility for the overall operations ofa principal geographic unit ofthe agency(e.g., a Regional Administrator ofthe EPA); or (d) For affected sources: (A) The designated representative in so far as actions, standards, requirements, orprohibitions under Title IV ofthe Act or the regulations promulgated there under are concerned; and (B) The designated representative for any otherpurposes under the Oregon Title V Operating Permit program. (1 09) "Secondary Emissions" means emissions that are a result ofthe construction and/or operation ofa source or modification, butthat 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 andtrains 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 ofthe construction or modification ofa source. (II0) "Section 111" means section 111 ofthe FCAAwhich includes Standards ofPerformance for New Stationary Sources (NSPS). (111) "Section 111(d)" means subsection 111(d) ofthe FCAA whichrequires states to submit to the EPAplans that establish standards ofperformance for existing sources andprovides for implementing and enforcing such standards. (112) "Section 112" means section 112 ofthe FCAA which contains reg11lations for Hazardous Air Pollutants (HAP). (113) "Section 112(b)" means subsection 112(b) ofthe FCAA which includes the list ofhazardous air pollutants to beregulated. (114) "Section 112(d)" means subsection 112(d) ofthe FCAA which directs the EPA to establish emission standards for sources ofhazardous airpollutants. 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) ofthe FCAA which directs the EPAto establish and promulgate emissions standards for categories and subcategories ofsources that emithazardous air pollutants. (116) "Section 112(r)(7)" means subsection 112(r)(7) ofthe FCAA which req11ires the EPA to prom11lgate reg11lations for the prevention ofaccidental releases and req11ires owners oroperators to prepare risk managementplans. (117) "Section 114(a)(3)" means subsection 114(a)(3) ofthe FCAA which req11ires enhanced monitoring and s11bmission ofcompliance certifications for major so11rces. (118) "Section 129" means section 129 ofthe FCAA whichreq11ires the EPA to establish emission standards and other reqmrements for solid waste incineration 1lllits. (119) "Section 129(e)" means S1lbsection 129(e) ofthe FCAA which requires solid waste incineration 1lllits to obtain Oregon Title V Operating Permits. (120) "Section 182(f)" means subsection 182(f) ofthe FCAA which req11ires states to inc!11de plan provisions inthe State Implementation Plan for NOx 

### in ozone nonattainment areas. (121) "Section 182(£)(1)" means subsection 182(£)(1) ofthe FCAAwhich req11ires states to apply those plan provisions developed for major VOC sources and majorNOx sources in ozone nonattainment areas. (122) "Section 183(e)" means s11bsection 183(e) ofthe FCAA which requires the EPA to study and develop regulations for the control ofcertain 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 ofthe FCAA which contains regulations for the control of interstate ozone air pollution. (125) "Section 302" means section 302 ofthe FCAA which contains definitions for general and administrative purposes in the Act. (126) "Section 302(j)" means subsection 302(j) ofthe FCAA which contains definitions of"major stationary source" and "major emitting facility." (127) "Section 328" means section 328 ofthe FCAA which contains regulations for airpollution from outer continental shelfactivities. (128) "Section408(a)" means subsection 408(a) ofthe FCAA which contains regulations for the Title IV permit program. (129) "Section 502(b)(I0) change" means a change which contravenes an express permitterm but is not a change that: (a) Would violate applicable requirements; (b) Would contravene federally enforceable permitterms 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) ofthe FCAA which states that the EPA can prescribe byrule procedures and methods for determining compliance and for monitoring. (131) "Section 504(e)" means subsection 504(e) ofthe FCAA which contains regulations for permit requirements for temporary sources. (132) "SignificantAir Quality Impact" means an additional an1bient air quality concentration equal to or greaterthan 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 orNOx, a major source or major modification has a significant impact ifit 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) ofthis section, means an emission rate equal to or greater than the rates specified in Table 2. (a) Forthe Medford-Ashland Air Quality Maintenance Area, the Significant Emission Rate for PMl0 is defined in Table 3. (b) Forregulated 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 whichwould constructwithin 10 kilometers ofa Class I area, and would have an impact on such area equal to or greaterthan 1 ug/m3 (24 hour average) is emitting at a significant emissionrate. This provision does not apply to greenhouse.gas emissions. (134) "Significant Impairment" occurs whenthe Department determines 1;hat visibility impairment interferes with the management, protection, preservation, or enjoyment ofthe visual experience within a Class I area. The Departmentwill makethis determination on a case-by-case basis after considering the recommendations ofthe Federal Land Manager and the geographic extent, intensity, duration, frequency, and time ofvisibility impairment. These factors will be considered along with visitoruse of the Class I areas, and the frequency and occurrence ofnatural conditions that reduce visibility. (135) "Small scale local energyproject" means: (a) A system, mechanism or series ofmechanisms locatedprimarily in Oregonthat directly orindirectly uses or enables the use of, by the owneroroperator, renewableresources including, butnot limitedte>, solar, wind, geothermal, biomass, waste heat orwaterresources to produce energy, including heat, electricity and substitute fuels, to meet a local community orregional energy need inthis state; (b) A system, mechanism or series ofmechanisms located primarily in Oregon orproviding substantial benefits to Oregonthat directly orindirectly conserves energy orenables the conservation ofenergy by the owner or operator, including energy used intransportation; (c) A recycling project; (d) An alternative fuel project; (e) An improvement that increases the production or efficiency, or extends the operating life, ofa system, mechanism, series ofmechanisms or project otherwise described in this section ofthis rule, including but not limited to restarting a dormantproject; (f) A system, mechanism or series ofmechanisms installed in a facility orportions ofa facility that directly orindirectly reduces the amount ofenergy needed for the construction and operation ofthe facility and that meets the sustainable building practices standard established by the State Departmentof Energy byrule; or (g) A project described in subsections (a) to (f) ofthis section, whether or notthe existingproject was originally financed under ORS 470, together with any refinancing necessary to remove prior liens or encumbrances against the existingproject. (h) A project described in subsections (a) to (g) ofthis sectionthat conserves energy or produces energy by generation or byprocessing or collection ofa renewable resource. (136) "Source" means any building, structure, facility, installation or combination thereofthat emits or is capable ofemitting 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 bypersons under common control. The term includes all pollutant emitting activities thatbelong to a single major industrial group (i.e., that have the sametwo-digit code) as described inthe Standard Industrial Classification Manual, (U.S. Office of Management and Budget, 1987) orthat supportthe major industrial group.Attachment 3.1 a, page 29 (137) "Source category": (a) Except as provided in subsection(b) ofthis 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 inthe Standard Industrial Classification Manual, (U.S. Office ofManagement and Budget, 1987). (b) As used in OAR 340 division220, Oregon Title V Operating PennitFees, means a group ofmajor sources that the Department determines are using similar raw materials and have equivalentprocess controls and pollution control equipment. (138) "Source Test" means the average ofat least three testruns conducted in accordance with the Department's Source Sampling ManuaL (139) "Startup" and "shutdown" means thattime during which an air contaminant source or emissioncontrol equipment is brought into normal operation ornormal operation is terminated, respectively. (140) "State Implementation Plan" or "SIP" means the State ofOregon Clean Air Act Implementation Plan as adopted by the Commission under OAR 340-200-0040 and approvedby EPA. (141) "Stationary source" means any building, structure, facility, or installation at a sourcethat emits or may emit any regulated airpollutant. (142) "Substantial Underpayment" means the lesser oftenpercent (10%) ofthe total interim emission fee for the major source orfive 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 onits potential to emit airpollutants contained in a permit issued by the Department under OAR 340 division 216 or 218. (144) "Title I modification" means one ofthe following modifications pursuantto Title I ofthe FCAA: (a) A major modification subject to OAR 340-224-0050, Requirements for Sources inNonattainment Areas; (b) A major modification subjectto OAR 340-224-0060, Requirements for Sources in Maintenance Areas; (c) A major modification subjectto OAR 340-224-0070, Prevention ofSignificant Deterioration Requirements for Sources in Attainment or Unclassified Areas; (d) A modificationthat is subjectto a New Source Perfonnance Standard under Section Ill ofthe FCAA; or (e) A modificationunder Section 112 ofthe FCAA. (145) "Total Reduced Sulfur" or "TRS" means the sum ofthe 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 criteriapollutant from a particular emissions unit inaccordance with OAR 340- · 226-0130. For existing sources, the emission limit established will be typical ofthe emission level achieved by emissions units similar in type and size. Fornew and modified sources, the emission limit established will be typical ofthe emission level achieved by well controlled new ormodified emissions units similar in type and size that were recently installed. TACT determinations will be based on informationknownto the Department while consideringpollutionprevention, impacts on other environmental media, energy impacts, capital and operating costs, cost effectiveness, and the age and remaining economic life ofexisting emission control equipment. The Departmentmay consider emission control technologies typically applied to other types ofemissions units where such technologies could be readily applied to the emissions unit. Ifan emission limitation is not feasible, a design, equipment, work practice, operational standard, orcombination thereof, may be required. (147) "Unassigned Emissions" means the amount ofemissions that are in excess ofthe PSEL but less than the Netting Basis. (148)"Unavoidable" or "could notbe avoided" means events that are not caused entirely or in part by poor orinadequate design, operation, maintenance, orany otherpreventable condition in eitherprocess orcontrol equipment. (149) "Upset" or "Breakdown" means any failure ormalfunction ofanypollution control equipment or operating equipmentthat 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 ofcarbon, excluding carbon monoxide, carbon dioxide, carbonic acid, metallic carbides or carbonates, and anunoninm carbonate, thatparticipates in atmospheric photochemical reactions. · (a) This includes any such organic compound exceptthe following, whichhave been determined to have negligible photochemical reactivity inthe formation oftropospheric 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(HCFC141b); 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- pentafluoropropane(HFC-245fa); 1 , 1 , 1,2,3,3-hexafluoropropane(HFC-236ea); 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); andperfluorocarbon 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, orlinear, completely fluorinated tertiary amines withno unsaturations; and (D) Sulfur containingperfluorocarbons with no unsaturations and with sulfur bonds only to carbon and fluorine. (b) For purposes ofdetennining 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 maybe excluded as VOC ifthe amount ofsuch compounds is accurately quantified, and theDepartment approves the exclusion. (c) The Departmentmay require an owner or operatorto provide monitoring ortesting methods and results demonstrating, to the Department's satisfaction, the amount ofnegligibly-reactive compounds in the source's emissions. (d) The following compound(s) are VOC for purposes ofall 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 contentrequirements: t-butyl acetate. (152) "Year" means any consecutive 12 month period oftime.

NOTE: This rule is included in the State ofOregon 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. 1a, 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 33Attachment 3.1a, page 34

Table 2 OAR 340-200-0020 SIGNIFICANT EMISSION RATES



# IGreenhouse Gases (C02e) 175,000 tons/year 

# I Carbon Monoxide 1100 tons/year 

# I Nitrogen Oxides (NOx) 140 tons/year 

# I Particulate Matter 125tons/year

PM 10 115tons/year Direct PM2

.5 110tons/year 

# I PM25 precursors (S02 or NOx) 140tons/year 

# r**SulfurDi~xide(S0 )**  . ---. ---. -. - .. -.-------. . .... .. . ... . ... . . .. .. . .. . . 140tons/year



### r

### Volatil~**O~an~~~~;;~~~~(~~)----.**-. -.···- ..-.-·--·-. --------- ..

### -·--------------~-~~.t~~~~ye~~--CC.C...

### ~.

### ~~~~~~~-;or NOx)

---------- . . .

### ~-~;;o~;y~-----.- .. -·

Lead 

# I0.6 ton/year Fluorides 13tons/year 

# ISulfuric 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 

# INO, 1**~-~;~---------** 

# __-**----------~-------_**

# ------------·r;--· ------------_**-~**

# f~~-----------------. 

# .**--------------1--:---------------~** I PM 10 (except Medford AQMA) 1 

# I PM 10 /PM 25(Medford AQMA) / 0.5 [5.0 lbs/day] 

# I Direct PM2

.5 1 

### I Lead 0.1**1-;;;:;;~~~-----------------.**

# ----·-----------------**·--~-~ ~---**  

# -------- - ----

1Sulfuric Acid Mist 

# I0.7 

# 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) 

## 11Attachment 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) 24Attachment 3. 1a, page 38 340-200-0040

State ofOregon Clean AirAct Implementation Plan (1) This implementation plan, consisting ofVolumes 2 and 3 ofthe State ofOregon Air Quality Control Program, contains control strategies, rules and standards prepared by the Department ofEnvironmental Quality and is adopted as the state implementationplan (SIP) ofthe State ofOregonpursuant to the federal CleanAirAct, 42 U.S.C.A 7401 to 7671q. (2) Except as provided in section (3), revisions to the SIP will be made pursuantto the Commission's rulemaking procedures in division 11 ofthis chapter and any otherrequirements contained in the SIP and will be submitted to the United States Environmental Protection Agency for approval. The State Implementation Plan was last modified bythe Commission on February 16,2012. (3) Notwithstanding any otherrequirement contained inthe SIP, the Departmentmay: (a) Submitto the Environmental ProtectionAgency any permit condition implementing a rule that is part ofthe federally-approved SIP as a source-specific SIP revision after the Department has complied with the public hearings provisions of40 CFR 51.102 (July 1, 2002); and (b) Approve the standards submitted by a regional authority ifthe 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 ofOregon CleanAirAct ImplementationPlanbecome federally enforceable upon approval bythe United States Environmental ProtectionAgency. Ifany provision of the federally approved ImplementationPlanconflicts with any provision adopted bythe Commission, the Department shall enforce the more stringentprovision. 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. I0-22-96; 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; DEQ4-2001, 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

## I 

## I I 

## I I 

## I I 

## I I 

## I340-210-0100 

### Registration in General STATIONARY SOURCENOTIFICATION 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, mustregister with the Department upon request pursuant to OAR 340-210-0110 through 340-210-0120. (2) The owner or operator ofan air contaminant source listed in subsection (2)(a) ofthis rule that is certifiedthrough a Department approved environmental certification program and subject to an Area SourceNESHAP may register the source with the Departmentpursuant to OAR 340-210-0110 through 340-210-0120 in lieu ofobtaining a permit in accordance with OAR 340-216-0020, unless the Department determines that the source has not complied with the requirements ofthe environmental certification program. (a) The following air contaminant sources may be registered under this section: (A) Motorvehicle surface coating operations. (B) Dry cleaners using perchloroethylene. (b) Approved environmental certificationprogram. 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 orderto obtain and maintain registration, owners and operators ofair contaminant sources registered pursuantto this sectionmustpaythe following annual fees by March 1 ofeach year: (A) Motor vehicle surface coating operations

-- $240.00. (B) Dry cleaners using perchloroethylene

-- $180.00. (C) Late fees. (i) 30 days late: 5% ofannual fee. (ii) 31-60 days late: 10% ofannual fee. (iii) 61 or more days late: 20% ofannual fee. (D) Failure to pay fees. Registration is automatically terminated upon failure to pay annual fees within 90 days ofinvoice 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 orderto maintainregistration, owners and operators ofair contaminant sources registered pursuant to this section must maintain records required by the approved environmental performance program under subsection (2)(b) ofthis 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 ofan air contaminant source that is subject to a federal NSPS orNESHAP in 40 CFRPart 60 or 40 CFR Part 63 and that is not located at a source that is required to obtain a permit under OARchapter 340, division 216 (Air Contaminant Discharge Permits) or OAR chapter 340, division 218 (Oregon Title V Operating Permits), mustregister and maintain registration with the Departmentpursuantto OAR 340-210-0110 through 340-210-0120 ifrequested in writing bythe Department (orby EPA atthe Department's request). (4) Revocation. The Department may revoke a registration ifa source fails to meet any requirement in OAR 340-210-0110. NOTE: This rule is included in the State ofOregon CleanAir Act ImplementationPlan as adoptedby 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) Registrationpursuant to OAR 340-210-0100(1) or (3) must be completed within 30 days following the mailing date ofthe requestbythe Department. (2) Registration must be completed by the owner, lessee ofthe source, or agent on forms made available bythe Department. Ifa form is not available from theDepartment, 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 ofbusiness; (b) Name oflocal person responsible for compliance with these rules; (c) Name ofperson authorized to receive requests for data and information; (d) A description ofthe production processes and a related flow chart; (e) A plotplan showing the location and height ofall air contaminant sources. The plotplan must also indicate the nearest residential or commercial property;Attachment 3.1 b, page 3 (f) Type and quantity offuels used; (g) Amount, nature, and duration ofair contaminant emissions; (h) Estimated efficiency ofairpollutioncontrol equipment under present or anticipated operating conditions; (i) Any other informationrequested by the Department. (4) In orderto obtainregistration pursuant to OAR 340-210-0100(2), a registrant must submitthe information in section (3)(a), (b), (c), and (i) ofthis rule and the following: (a) Information demonstrating that the air contaminant source is operating in compliance with all applicable state and federal rules andregulations, as requestedby the Department. (b) Infonnation demonstrating that the source is certified through an approved environmental certificationprogram. (c) A signed statement that the submitted information is true, accurate, and complete. This signed statement shall state that, based oninformation and beliefformed afterreasonable inquiry, the statements and information in the document are.true, accurate, and complete. (5) In orderto obtainregistration pursuant to OAR 340-210-0100(3), the following must be submitted by a registrant: (a) Name, address and nature ofbusiness or institution; (b) Name oflocalperson responsible for compliance with these rules; (c) Name ofperson authorized to receive requests for data and information; (d) A description ofthe air contaminant source subject to regulation; (e) Identification ofthe 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 340-0210-0250; (g) Confirmation that the air contaminant source is operating in compliance with all applicable state rules and regulations, including but not limitedto 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 inthe State ofOregon CleanAirAct 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 orderto re-register ormaintain registrationpursuantto OAR 340-210-0100, a person responsible for an air contaminant source must reaffirm inwriting, by March 1 ofeach year, the correctness and current status ofthe information furnished to the Department. (2) In orderto re-register or maintainregistration pursuant to OAR 340-210-0100(3): (a) The registrant mustreport any change in any ofthe factual information reported under OAR 340- 210-0110to the Department on a form made available by the Department; and (b) The registrant must confirmthe compliance status ofthe aircontaminant source, including but not limited to compliance with any workpractice requirements such as routine tune-ups. Confirmationmust be made inwriting on a form furnished by the Department. (3) In orderto re-register, ormaintain registration, a person mustnothave had theirregistration terminated orrevoked withinthe last 3 years, unless the air contaminant source has changed ownership since termination orrevocation. (4) Ifa registered air contaminant source is sold ortransferred, the sale ortransfermust bereported to the Department by eitherthe former owner orthe newowner within 30 days ofthe date ofsale or transfer. The new owner ofthe registered air contaminant source must register the air contaminant source within 30 days ofthe date ofsale ortransfer in accordance with OAR 340-210-0110(2) and (5). NOTE: This rule is included in the State ofOregon CleanAirAct 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 ofConstruction and Approval ofPlans

340-210-0250Attachment 3.1 b, page 5 Approvalto Operate (I) The approval to construct does notprovide approval to operate the constructed or modified stationary source or

### airpollution control equipmentunless otherwise allowed by section (2) ofthis rule orthe 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 subjectto the conditions ofthe Department's approval to constructprovided in accordance with OAR 340-210-0240. (A) Approval to operate does notrelieve the owner ofthe obligation ofcomplying with applicable requirements that may include but are not limited to the general opacity standards in OAR340-208-0110 and general particulate matter standards in OAR 340-226-0210 and OAR 340-228-0210. (B) Ifrequiredby the Department as a condition ofthe approval to construct or at any othertime in accordance with OAR 340-212-0120, the owner or operator must conducttesting ormonitoring to verifY compliance with applicable requirements. Testing ofboilers must be performed in accordance with OAR 340-212-0140. (C) The owner or operatormust register the air contaminant source with the Department ifrequired as a condition ofthe approval to construct or at any othertime in accordance with OAR 340-210-0100.

(b) Fornew 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 1and 2 changes may only be operated in accordance with OAR 340-218-0190(2). (3) Type 3 and 4 changes: (a) Fornew sources, Type 3 or 4 changes require a standard ACDP before operation ofthe 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 or4 changes must be in accordance with OAR 340-218-0190(2). [NOTE: This rule is included in the State ofOregon 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 6Attachment 3.1c, page 1 REQUIREMENTS FORFUEL BURNING EQUIPMENT AND FUEL SULFUR CONTENT

340-228-0020 

### Definitions

The definitions in OAR 340-200-0020 and this rule apply to this division. Ifthe same term is defined in this rule and OAR 340-200-0020, the definition inthis 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 westofRange 8 West, Willamette Meridian. (3) "Distillate Fuel Oil" means any oil meeting the specifications ofASTM Grade 1 or 2 fuel oils; (4) "Fuel burning equipment" means equipment, other than internal combustion engines, the principal purpose ofwhich is to produce heat orpowerby indirect heattransfer. (5) "Residual Fuel Oil" means any oil meeting the specifications ofASTM Grade 4, 5, or 6 fuel oils. (6) "Standard ccmditions" means a temperature of68° Fahrenheit and a pressure of 14.7 pounds per square inch absolute. (7) "Standard cubic foot" means the amount ofgas that would occupy a volume ofone cubic foot, ifthe gas were free ofuncombined water at standard conditions. When applied to combustion flue gases from fuel orrefuse burning, "standard cubic foot" also implies adjustment ofgas volume to thatwhich would result at a concentration.of 12% carbon dioxide or 50% excess air.

NOTE: This rule is included in the State ofOregon Clean AirAct 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; DEQ4-1993, 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 BurningEquipment

340-228-0200 

### SulfurDioxide StandardsAttachment 3. 1c, page 2 The following emission standards are applicableto sources installed, constructed, ormodified after January 1, 1972 only: (1) For fuel burning equipment having a heat input capacity between 150 million BTUperhour and 250 millionBTU, no person may cause, suffer, allow, orpermitthe emission into the atmosphere ofsulfur 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 BTUheat input, maximum three-hour average, when solid fuel is burned. (2) Forfuel burning equipment having a heat input capacity ofmorethan 250 million BTUperhour, no personmay cause, suffer, allow, or permitthe emission into the atmosphere ofsulfur dioxide in excess of: (a) 0.8 lb. permillionBTU heat input, maximumthree-hour average, when liquid fuel is burned; (b) 1.2 lb. per million BTUheat input, maximum three-hour average, when solid fuel is burned. NOTE: This rule is included in the State ofOregon CleanAir Act Implementation Plan as adopted by the Environmental_Quality Commission under OAR340-200-0040. 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; DEQ4-1993, 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) ofthis rule, no person shall cause, suffer, allow, orpermit the emission ofparticulate matter, from any fuel burning equipment in excess of: (a) 0.2 grains per standard cubic foot for sources installed, constructed, or modified on orbefore June 1, 1970; (b) 0.1 grainsper standard cubic foot for sources installed, constructed, or modified after June 1, 1970. (2) For sources burning salt ladenwood waste on July 1, 1981, where salt inthe fuel is the only reason for failure to comply withthe above limits and whenthe salt inthe fuel results from storage or transportation oflogs in salt water, the resulting salt portion ofthe emissions shall be exempted from subsection (1)(a) or (b) ofthis 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 uponprior 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) ofthis rule, shall submitthe results ofa particulate emissions source test ofthe 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 StateofOregon CleanAir 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- 8-07Attachment 3.1d, page 1 HEAT SMART PROGRAM FORRESIDENTIAL 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. IfOAR 340-0200-0020 and this rule definethe same term, the definition in this rule applies to this Division. (I) "Antiquewoodstove" means a woodstove built before 1940 that has an ornate construction and a currentmarket value substantiallyhigher 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 ofFederal 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 primarypurpose ofcooking food. (6) "Dealer" means a personthat sells solid fuel burning devices to retailers or other dealers for resale. For the purpose ofthis Division, a dealer that is also an Oregon retailer shall be considered to be only a retailer. (7) "DEQ"means OregonDepartment ofEnvironmental Quality. (8) "Destroy" means to demolish or decommission to the extentthat restoration or reuse as a heating device is impossible. (9) "EPA" means United States Environmental Protection Agency. (I0) "EQC"means Environmental Quality Commission (II) "Federal Regulations" means 40 CFR, Part 60, SubpartAAA 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) Bumwood 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; andAttachment 3.1d, page 2 (c) Heat building space and/or water viathe distribution, typically throughpipes, ofa fluid heated inthe 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 orconstructs 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 heatto the site. Such solid-fueled heating device must meetthe design and construction specifications set forth in ASTM E 1602-03, "Guide for Construction ofSolid Fuel Burning Masonry Heaters." (16) "New solid fuel burning device" or "newdevice" means a solid fuel burning device defined under ORS 468A.485(4)(a) thathas 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) "PMl0" means particulate matterless than 10 microns. (18) "PM2.5" means particulate matter less than 2.5 microns. (19) "Pellet stove" means a heating device thatuses wood pellets, orotherbiomass fuels designed for use inpellet stoves, as its primary source offuel. (20) "Phase 1 emission level qualified model" is a model ofa hydronic heater that achieves an average emission level of0.60 lbs/millionBtu heat input orless for all fuel types listed in the owner's manual and/or mentioned inmarketing/sales materials, as acknowledged by EPA in writing to the manufacturer as part ofEPA's acceptance ofthe model as a qualified model. (21) "Phase 2 emission level qualified model" is a model ofa hydronic heater that achieves an average emissions level of0.32lbs/million Btu heat output or less for all fuel types listed in the owner's manual and/or mentioned inmarketing/sales materials, and that did not exceed 18.0 grams/hr offine particles in any individual test run that was used in the calculation ofthe average, as acknowledged by EPA in writing to the manufacturer as part ofEPA's acceptance ofthe 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 ofsolid 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 ornon-liquid fuels for aesthetic, space-heating orwater-heatingpurposes in or for a private residential structure or a commercial establishment and that has a heat output ofless than one million Britishthermal units per hour. Solid fuel burning device does notinclude: (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 CFRpati 63, subpart DDDDD or subpatiJJJJJJ, as in effect onFebruary 16, 2012 that obtain construction approval under OAR 340-210-0205 through 340-210-0250. (25) "Trash burner" means any equipmentthat is used to dispose ofwaste by burning and has not been issued an air quality permitunder ORS 468A.040. (26) "Treated Wood" means wood ofany species that has been chemically impregnated, painted or similarly modifiedto prevent weathering and deterioration. (27) "Used solid fuel burning device" or "used device" means a solid fuel burning device thathas been sold, bargained, exchanged, given away, or otherwise has had its ownership transferred. NOTE: This rule is included in the State ofOregon 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 pursuantto OAR 340-262-0500, or byEPA pursuant to 40 CFRpati 60, subpart AAA; and (b) The device is permanently labeled as certified, or in the case ofa hydronic heater is permanently labeled as a Phase 1orPhase 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, ifthe consumer: (a) Sells a used solid fuel burning device to a person in the business ofreusing, 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 newresidential heating system.Attachment 3.1d, page 4 (4) Prohibited label alteration. No person may alter DEQ orEPA authorized labels.

NOTE: This rule is included inthe State ofOregon Clean Air Act Implementation Plan as adopted by the Environmental Quality Commissionunder 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. 3-15-11340-200-0020 GENERAL AIR POLLUTION PROCEDURES AND DEFINITIONS 

### General

GeneralAir QualityDefinitions 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 ofa pollutant from anemissions source during a specifiedtimeperiod. (a) For determining actual emissions as ofthe baseline period: (A) Except as providedinparagraphs (B) and (C) ofthis subsection and subsection (b) ofthis section, actual emissions equal the average rate at which the source actually emittedthe pollutant during an applicable baseline period and thatrepresents 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 equivalentto the source's actual emissions during the applicable baseline period ifit is within 10% ofthe actual emissions calculated under paragraph (A) of this subsection. (C) Actual emissions equal the potential to emit ofthe source for the sources listed inparagraphs (i) through (iii) ofthis paragraph. The actual emissions will be reset ifrequired in accordance with subsection (c) ofthis section. (i) Any source or part ofa source thathad not begunnormal 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 orpart ofa source ofgreenhouse 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 orpart ofa 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 orpart ofa source that had not begun normal operations during the applicable baseline period, but wasapproved to construct and operate in accordance with OAR 340 division 224,Attachment 3.2a, page 2 actual emissions onthe date the permitis issued equal the potential to emit ofthe source. The actual emissions will be reset ifrequired in accordance with subsection (c) ofthis section. (c) Where actual emissions equal potential to emit under paragraph (a)(C) or subsection (b) ofthis section, the potential emissions will be reset to actual emissions as follows: (A) Paragraphs (A) through (D) ofthis subsection apply to sources whose actual emissions of greenhouse gases were determined pursuantparagraph 3(a)(C), and to all other sources ofall other regulated pollutants that are permitted in accordance with OAR division 224 on or after May 1, 2011. (B) Except as provided inparagraph (D) ofthis subsection, tenyears from the end ofthe applicable baseline periodunderparagraph (a)(C) orten years from the date the permit is issued under subsection (b), or an earlier time ifrequested by the source in a permit application involvingpublicnotice, 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 shorterperiod ifrequested bythe source. (C) Any emission reductions achieved due to enforceable permit conditions based on OAR 340-226- 0110 and 0120 (highest and bestpracticable treatment and control) are not included in the reset calculationrequired inparagraph (B) ofthis subsection. (D) The Department may extend the date ofresetting by five additionalyears upon satisfactory demonstration bythe source that construction is ongoing ornormal operationhas not yet been achieved. (d) Fordetermining 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 limitedto, 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, ortypes ofmaterials processed, stored, orcom busted during the specifiedtime period. (4) "Adjacent" means interdependent facilities that are nearby to each other. (5) "Affected source" means a source that includes one ormore affected units that are subject to emission reduction requirements orlimitations under Title IV ofthe FCAA. (6) "Affected states" means all states: (a) Whose air quality may be affected by a proposedpermit, permit modification, orpermit renewal and that are contiguousto Oregon; or (b) That are within 50 miles ofthe permitted source. (7) "Aggregate insignificant emissions" means the annual actual emissions ofany regulated airpollutant from one or more designated activities at a source that are less than or equal to the lowest applicableAttachment 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 subjectto a standard promulgated under or established by Title VI ofthe Act, and each criteriapollutant, except lead; (b) 120 pounds for lead; (c) 600 pounds for fluoride; (d) 500 pounds for PMIO in a PMI0 nonattaimnent area; (e) 500 pounds for direct PM2.5 in a PM2.5 nonattainment area; (f) The lesser ofthe amount established in OAR 340-244-0040, Table 1 or 340-244-0230, Table 3, or 1,000 pounds; (g) An aggregate of5,000 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 ContaminantDischarge Permit" or "ACDP" means a writtenpermit issued, renewed, amended, orrevised by the Department, pursuantto OAR 340 division 216. (10) "Altemative method" means any method ofsampling and analyzing for anairpollutant that is not a reference or equivalentmethodbut has been demonstratedto the Department's satisfactionto, in specific cases, produce results adequate for determination ofcompliance. An alternative method usedto 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 thatportion ofthe atmosphere, external to buildings, to which the general public has access. (12) "Applicable requirement" means all ofthe following as they apply to emissions units in an Oregon Title V Operating Permit program source or ACDP program source, including requirements thathave been promulgated or approved by the EPA throughrule making atthe time ofissuance buthave futureeffective compliance dates: (a) Any standard or other requirementprovided for in the applicable implementation plan approved or promulgated by the EPA through rulemaking underTitle I ofthe Act that implements the relevant requirements ofthe Act, including anyrevisions to that plan promulgated in40 CFR Part 52;Attachment 3.2a, page 4 (b) Any standard or other requirement adopted under OAR 340-200-0040 ofthe State ofOregon Clean Air Act Implementation Plan that is more stringentthan the federal standard orrequirement which has not yet been approved bythe EPA, and other state-only enforceable air pollution control requirements; (c) Any term or condition in anACDP, OAR 340 division 216, including any term orcondition ofany preconstructionpermits issued pursuantto OAR 340 division 224, New Source Review, until or unless the Department revokes ormodifies the term or condition by a permit modification; (d) Any term or condition in a Notice ofConstruction and Approval ofPlans, OAR 340-210-0205 through 340-210-0240, until orunless the Departmentrevokes or modifies theterm orcondition by a Notice ofConstruction and Approval ofPlans or a permitmodification; (e) Any term or condition in a Notice ofApproval, OAR 340-218-0190, issued before July I, 2001, until orunless the Department revokes ormodifies the term or condition by a Notice ofApproval or a permit modification; (f) Any term or condition ofa PSD permit issued by the EPA until orunless the EPA revokes or modifies the term or conditionby a permitmodification; (g) Any standard or other requirement under section Ill ofthe Act, including section Ill(d); (h) Any standard or other requirement under section 112 ofthe Act, including any requirement concerning accidentprevention under section 112(r)(7) ofthe Act; (i) Any standard or otherrequirement ofthe acid rain program under Title 

### IV ofthe Act orthe regulations promulgated thereunder; (j) Any requirements establishedpursuant to section 504(b) or section 114(a)(3) ofthe Act; (k) Any standard or other requirement under section 126(a)(l) and(c) ofthe Act; 

### (I) Any standard or otherrequirement governing solid waste incineration, under section 129 ofthe Act; (m) Any standard or otherrequirement 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) ofthe Act; (o) Any standard or other requirement ofthe programto control air pollution from outercontinental shelfsources, under section 328 ofthe Act; (p) Any standard or other requirement ofthe regulations promulgated to protect stratospheric ozone under Title 

### VI ofthe 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 orvisibility requirement under part C ofTitle I ofthe Act, but only as it would apply to temporary sources permittedpursuantto section 504(e) ofthe Act.Attachment 3.2a, page 5 (13) "Baseline Emission Rate" means the actual emissionrate during a baselineperiod. Baseline emission rate does not include increases due to voluntary fuel switches or increased hours ofoperation that occurred after that baseline period. (a) A baseline emission rate will be established only for regulated pollutants subjectto OAR 340 division 224 as specified in the definition ofregulated pollutant. A baseline emission rate will not be established for PM2.5. (b) The baseline emission rate for greenhouse gases, on a C02ebasis, will be established with the first permitting action issued after July 1, 2011, provided the permitting action involved a public notice periodthatbegan after July 1, 2011. (c) For a pollutant that becomes a regulated pollutant subjectto OAR 340 division 224 after May 1, 2011, the initial baseline emission rate is the actual emissions ofthat pollutant during any consecutive 12 monthperiod within the 24 months immediately preceding its designation as a regulated pollutant ifa baseline period has not been defined for the pollutant. (d) The baseline emission rate will be recalculated ifactual emissions are reset inaccordance withthe definition ofactual emissions. (e) Once the baseline emissionrate has been established or recalculated in accordance with subsection (d) ofthis section, the production basis for the baseline emissionrate may onlybe changed ifa 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 monthperiod during the calendar years 1977 or 1978 for any regulated pollutant other than greenhouse gases. The Departmentmay allow the use ofa prior time period upon a determination that it is more representative ofnormal source operation. (b) Any consecutive 12 calendarmonth 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 ofreduction ofeach 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 ofproduction processes or available methods, systems, and techniques, including fuel cleaning or treatment orinnovative fuel combustion techniques for control ofsuch air contaminant. In no event may the application ofBACT result in emissions ofany air contaminantthat would exceed the emissions allowed by any applicable new source performance standard or any standard for hazardous airpollutant. Ifan emission limitation is not feasible, a design, equipment, work practice, or operational standard, or combinationthereof, 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 ofnonfossilized 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 butnot limitedto 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 ofa greenhouse gas or gases expressed as the equivalent amount ofcarbon dioxide, and shall be computed by multiplying the mass ofeach 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 ofcarbon dioxide. (20) "Categorically insignificant activity" means any ofthe following listed pollutant emitting activities principally supportingthe source orthe major industrial group. Categorically insignificant activities must comply with all applicable requirements. (a) Constituents ofa chemical mixture present at less than 1% by weight ofany chemical or compound regulated under divisions 200 through 268 excluding divisions 248 and 262 ofthis chapter, orless than 0.1% by weight ofany carcinogen listed in the U.S. Department ofHealth and Human Service's Annual Report on Carcinogens whenusage ofthe 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 orequal 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 andparking 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 ofcharge ofozone 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 equipmentused exclusively for chemical and physical analysis, including associated vacuumproducing devices but excluding research and development facilities; (r) Temporary construction activities; (s) Warehouse activities; (t) Accidental fires; (u) Airvents from air compressors; (v) Air purification systems; (w) Continuous emissions monitoring vent lines; (x) Demineralized water tanks; (y) Pre-treatment ofmunicipal water, including use ofdeionized 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 equipmentused for ASTM grade distillate or residual fuels, lubricants, and hydraulic fluids; 

### Qj) On-site storage tanks not subjectto any New Source Performance Standards (NSPS), including underground storage tanks (UST), storing gasoline or diesel used exclusively for fueling ofthe facility's fleet ofvehicles; (kk) Natural gas, propane, and liquefied petroleum gas (LPG) storage tanks andtransfer equipment; (II) Pressurized tanks containing gaseous compounds; (mrn) Vacuum sheet stacker vents; (nn) Emissions from wastewater discharges to publicly ownedtreatment works (POTW) provided the source is authorized to discharge to the POTW, not including on-site wastewatertreatment and/or holding facilities; (oo) Log ponds; (pp) Storm water settling basins; (qq) Fire suppression and training; (rr) Pavedroads and pavedparking lots within anurban growth boundary; (ss) Hazardous air pollutant emissions offugitive dust from paved and unpaved roads except for those sources thathaveprocesses or activities that contribute to the deposition and entrainment ofhazardous airpollutants from surface soils; (tt) Health, safety, and emergency response activities; (uu) Emergency generators andpumps used only during loss ofprimary equipment or utility service due to circumstances beyond the reasonable control ofthe owneror operator, orto address a power emergency as determined by the Department; (vv) Non-contact steam vents and leaks and safety and reliefvalves for boiler steam distribution systems; (ww) Non-contact steam condensate flash tanks; (xx) Non-contact steam vents on condensate receivers, deaerators and similarequipment; (yy) Boiler blowdown tanks; (zz) Industrial cooling towers that do not use chromium-based watertreatment 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 effluenttreatment 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 ofa source who certifies the accuracy ofthe emission statement. (22) "CFR" means Code ofFederal Regulations. (23) "Class I area" ineans any Federal, State orIndianreservation land which is classified orreclassified as Class I area. Class I areas are identified in OAR 340-204-0050. (24)"Commence" or "commencement" means that the owner or operatorhas obtained all necessary preconstruction approvals required by the Act and eitherhas: (a) Begun, or caused to begin, a continuous program ofactual on-site construction ofthe 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 ofconstruction ofthe source to be completed in a reasonable time. (25) "Commission" or "EQC" means Environmental Quality Commission. (26) "Constant Process Rate" means the average variation inprocess rate for the calendaryear is not greater than plus or minus ten percent ofthe average process rate. (27) "Construction": (a) Except as provided in subsection (b) ofthis section means any physical change including, but not limited to, fabrication, erection, installation, demolition, or modification ofa source orpart ofa source; (b) As used in OAR 340 division 224 means any physical change including, but not limited to, fabrication, erection, installation, demolition, ormodification ofan emissions unit, or change in the method ofoperation ofa 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, consistentwiththe averaging period established for the emission limitation or standard; andAttachment 3.2a, page 10 (b) Provides data either in units ofthe 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, otherthan inherentprocess equipmentthat is used to destroy or remove airpollutant(s) priorto discharge to the atmosphere. The types ofequipment that may commonly be used as control devices include, but are not limited to, fabric filters, mechanical collectors, electrostatic precipitators, inertial separators, afterburners, thermal orcatalytic incinerators, adsorption devices(such as carbon beds), condensers, scrubbers(such as wet collection and gas absorption devices), selective catalytic ornon-catalytic reduction systems, flue gas recirculation systems, spray dryers, spray towers, mist eliminators, acid plants, sulfurrecovery plants, injection systems(such as water, steam, ammonia, sorbent orlimestone injection), and combustion devices independent ofthe particular process being conducted at an emissions unit(e.g., the destruction ofemissions achieved by ventingprocess emission streams to flares, boilers orprocess heaters). For purposes ofOAR 340-212-0200 through 340- 212-0280, a control device does not include passive control measures that act to preventpollutants from forming, such as the use ofseals, lids, orroofs to preventthe release ofpollutants, use oflow-polluting fuel orfeedstocks, or the use ofcombustion orotherprocess design features or characteristics. Ifan applicable requirement establishes that particular equipmentwhich otherwise meets this definition ofa control device does not constitute a control device as applied to a particularpollutant-specific emissions unit, thenthat definition will be binding for purposes ofOAR 340-212-0200 through 340-212-0280. (31) "CriteriaPollutant" means nitrogen oxides, volatile organic compounds, particulate matter, PM!0, PM2.5, sulfur dioxide, carbon monoxide, orlead. (32) "Data" means the results ofany type ofmonitoring ormethod, includingthe results ofinstrumental ornon-instrumental monitoring, emission calculations, manual samplingprocedures, recordkeeping procedures, or any other form ofinformation collection procedure used'in connection with any type of monitoring ormethod. (33) "De minimis emission levels" meanthe levels for the pollutants listed in Table 4. NOTE: De minimis is comparedto all increases that are not included in the PSEL. (34) "Department": (a) Means Department ofEnvironmental Quality; except (b) As used in OAR 340 divisions 218 and 220 means Department ofEnvironmental Quality orinthe case ofLane County, Lane Regional Air Protection Agency. (35) "Device" means any machine, equipment, rawmaterial, product, or byproduct at a source that produces or emits a regulated pollutant. (36) "Direct PM2.5" has the meaningprovided in the definition ofPM2.5.Attachment 3.2a, page 11 (37) "Director" means the Director ofthe Department orthe Director's designee. (38) "Draftpermit" means the version ofan Oregon Title V Operating Permit for which the Department or Lane Regional Air Protection Agency offers public participationunder OAR 340-218-0210 or the EPA and affected State review under 340-218-0230. (39) "Effective date ofthe program" means the date that the EPA approves the Oregon Title V Operating Permitprogram submitted by the Department on a full orinterim basis. In case ofa partial approval, the "effective date ofthe program" for eachportion ofthe pr6gram is the date ofthe EPA approval ofthat portion. (40) "Emergency" means any situation arising from sudden and reasonably unforeseeable events beyond the control ofthe owner or operator, including acts ofGod, which situation requires immediate corrective action to restore normal operation, and that causes the source to exceed a technology-based emission limitationunder the permit, due to unavoidable increases inemissions attributable to the emergency. An emergency does not include noncompliance to the extent caused by improperly designed equipment, lack ofpreventative maintenance, careless orimproper operation, or operator error. (41) "Emission" means a release into the atmosphere ofany 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 ofthe emission factor. (43) "Emission Factor" means an estimate ofthe rate at which a pollutant is released into the atmosphere, as the result ofsome activity, divided by the rate ofthat activity (e.g., production orprocess rate). (44)(a) Except as provided in subsection (b) ofthis section, "Emission Limitation" and "Emission Standard" mean a requirement establishedby a State, local government, orthe EPA which limits the quantity, rate, orconcentration ofemissions ofairpollutants on a continuous basis, including any requirements which limitthe level ofopacity, prescribe equipment, set fuel specifications, orprescribe operation ormaintenance 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 anemission limitation, emission standard, standard of performance or means ofemission limitation as defined under the Act An emission limitation or standard may be expressed in terms ofthe pollutant, expressed either as a specific quantity, rate or concentration ofemissions (e.g., pounds ofS02per hour, pounds ofS02permillion Britishthermal units offuel input, kilograms ofVOC per liter ofapplied coating solids, or parts per million by volume ofS02) or as the relationship ofuncontrolled 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 Forpurposes of340- 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 abatementplan, to keep records, submitreports, or conduct monitoring.Attachment 3.2a, page 12 (45) "Emission Reduction Credit Banking" means to presently reserve, subjectto requirements ofOAR 340 division 268, Emission Reduction Credits, emissionreductions for use by the reserver or assignee for future compliance with airpollutionreduction requirements. ( 46) "EmissionReporting Form" means a paper or electronic form developed bythe Department that must be completed by the permittee to report calculated emissions, actual emissions, or permitted emissions for interim emission fee assessment purposes. ( 47) "Emissions unit" means any part or activity ofa source that emits orhas the potential to emit any regulated airpollutant. (a) A part ofa source is any machine, equipment, rawmaterial, product, orbyproduct that produces or emits regulated air pollutants. An activity is any process, operation, action, orreaction (e.g., chemical) at a stationary source that emits regulated air pollutants. Except as described in subsection (d) ofthis section, parts and activities may be grouped for purposes ofdefining an emissions unit ifthe 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 demonstrationrequirements apply; and (B) The emissions from the emissions unit are quantifiable. (b) Emissions units may be defined on a pollutantbypollutant basis where applicable. (c)The term emissions unit is not meantto alter or affect the definition ofthe 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 ofany New Source Performance Standard (NSPS). (48) "EPA" or "Administrator" means the Administrator ofthe United States Environmental Protection Agency orthe Administrator's designee. (49) "Equivalent method" means any method ofsampling and analyzing for an airpollutantthat 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 applicablefederal requirement for which a reference method is specified mustbe 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 conditionthat is detected by monitoringthat provides data in terms ofan emission limitation or standard and thatindicates that emissions (or opacity) are greaterthan the applicable emission limitation or standard(orless thanthe applicable standard in the case ofa percent reduction requirement) consistent with any averaging period specified for averaging the results ofthe monitoring.Attachment 3.2a, page 13 (52) "Excess emissions" means emissions in excess ofa permit limit or any applicable air quality rule. (53) "Excursion" means a departure from an indicatorrange 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 ofthe monitoring. (54) "Federal Land Manager" means with respect to any lands in the United States, the Secretary ofthe 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 ifin a source category listed below, or 250 tons per year ifnot 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 peryear. The fugitive emissions and insignificant activity emissions ofa stationary source are considered in determining whether it is a federal major source. Potential to emit calculations must include emission increases due to a newor modified source and may include emission decreases. (a) Fossil fuel-fired steam electric plants ofmore than 250 million BTU/hourheat 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 ofcharging more than 50 tons ofrefuse 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 productionplants; (w) Chemical process plants; (x) Fossil fuel fired boilers, or combinations thereof, totaling morethan 250 million BTU perhourheat input; (y) Petroleum storage and transfer units with a total storage capacity exceeding 300,000 barrels; (z) Taconite ore processingplants; (aa) Glass fiber processing plants; (bb) Charcoal productionplants. (56) "Final permit" means the version ofan Oregon Title V OperatingPermitissued by the Department or Lane Regional AirProtectionAgencythat 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) ofthis section, means emissions ofany air contaminant which escape to the atmosphere from anypoint or area thatis 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) ofthis section, means an OregonAir 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 ifexpected 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 ofsix greenhouse gases: carbon dioxide, nitrous oxide, methane, hydrofluorocarbons, perfluorocarbons, and sulfur hexafluoride. Each gas is also individually a greenhouse gas. (b) The definition ofgreenhouse gases in subsection (a) ofthis section does not include, for purposes of division 216, 218, and 224, carbon dioxide emissions from the combustion or decomposition ofbiomass exceptto the extent required by federal law. (6+62) "GrowthAllowance" means an allocation ofsome part ofan airshed's capacityto accommodate future proposed major sources and major modifications ofsources. (6263) "Immediately" means as soon as possible but in no case more than one hour after a source knew or should have known ofan excess emissionperiod. (w64) "Inherent process equipment" means equipmentthat is necessary for the properor safe functioning ofthe process, ormaterial recovery equipmentthat the owner or operator documents is installed and operated primarily for purposes other than compliance with airpollution regulations. Equipmentthatmust be operated at an efficiency higher thanthat achieved during normal process operations in order to comply with the applicable emission limitation or standard is not inherent process equipment. For the purposes ofOAR 340-212-0200 through 340-212-0280, inherent process equipment is not considered a control device. (6465) "InsignificantActivity" means an activity or emission that the Departmenthas designated as categorically insignificant, orthat meets the criteria ofaggregate 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 insignificantto 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 ofemissions which reflects: the most stringent emission limitation which is contained in the implementationplan ofany state for such class or category ofsource, unless the owner or operator ofthe proposed source demonstrates that such limitations are not achievable; orthe most stringent emission limitation which is achieved in practice by such class or category ofsource, whichever is more stringent. The application ofthis term cannot permit a proposed new or modified source to emit any air contaminant in excess ofthe amount allowable under applicable New Source Performance Standards (NSPS) or standards for hazardous airpollutants.Attachment 3.2a, page 16 ( 4&69) "Maintenance Area" means a geographical area ofthe 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 inthe method ofoperation ofa source thatresults in satisfYing the requirements ofboth subsections (a) and (b) ofthis section, or of subsection (c) ofthis section for any regulated airpollutant Major modifications for ozoneprecursors or PM2.5 precursors also constitute majormodifications for ozone and PM2.5, respectively. (a) Except as provided in subsection (d) ofthissection, a PSELthat exceeds the nettingbasis by an amountthat is equal to or greaterthan the significant emissionrate. (b) The accumulation ofemission increases due to physical changes and changes in the method of operation as determined in accordance withparagraphs (A) and (B) ofthis subsection is equal to or greater than the significant emission rate. (A) Calculations ofemission increases in subsection (b) ofthis sectionmust account for all accumulated increases in actual emissions due to physical changes and changes inthe method ofoperation occurring atthe source since the applicable baseline period, or since the time ofthe last construction approval issued for the source pursuantto the New Source Review Regulations in OAR 340 division 224 for that pollutant, whichevertime is more recent These include fugitive emissions and emissions from insignificant activities. (B) Emission increases due solely to increased use ofequipment orfacilities that existed orwere permitted orapproved to constructin accordance with OAR 340 division 2 I0 during the applicable baseline period are not included, except ifthe increaseduse is to support a physical change or change in the method ofoperation. (c) Any change at a source, including production increases, that would result in a Plant Site Emission Limit increase of 1ton or more for any regulated pollutant for whichthe source is a major source in nonattainment ormaintenance areas ora federal major source in attainment orunclassified areas, ifthe source obtained permitsto construct and operate after the applicable baselineperiod buthas not undergone New Source Review. (A) Subsection (c) ofthis sectiondoes not apply to PM2.5 and greenhouse gases. (B) Changes to the PSEL solely due to the availability ofbetter emissions information are exempt from being considered anincrease. (d) Ifa portion ofthe netting basis or PSEL (or both) was setbased on PTE becausethe source had not begunnormal operations butwas permitted or approved to construct and operate, that portion ofthe netting basis or PSEL (or both) mustbe excluded from the tests in subsections (a) and (b) ofthis section until the nettingbasis is reset as specified in the definitions ofbaseline emissionrate and nettingbasis. (e) The following are notconsidered major modifications:Attachment 3.2a, page 17 (A) Except as provided in subsection (c) ofthis section, proposed increases in hours ofoperation 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 ofoperation in the source; (B) Routine maintenance, repair, and replacement ofcomponents; (C) Temporary equipment installed for maintenance ofthe permanent equipment ifthe temporary equipment is inplace for less than six months and operated within the permanent equipment's existing PSEL; (D) Use ofalternate fuel orraw 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) ofthis section, means a source that emits, orhas the potential to emit, any regulated airpollutant at a Significant Emission Rate. The fugitive emissions and insignificant activity emissions ofa 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 ofstationary sources that are located on one or more contiguous or adjacent properties and are under common control ofthe sameperson (orpersons under common control)) belonging to a single major industrial grouping or supporting the major industrial group and that is described inparagraphs (A), (B), (C) or (D) ofthis subsection. Forthe purposes ofthis subsection, a stationary source or group ofstationary sources is consideredpartofa single industrial grouping ifall of the pollutant emitting activities at such source or group ofsources on contiguous or adjacent properties belong to the same Major Group (i.e., all have the sametwo-digit code) as described in the Standard Industrial Classification Manual (U.S. Office ofManagement and Budget, 1987) or support the major industrial group. (A) A major source ofhazardous airpollutants, which means: (i) For pollutants otherthan radionuclides, any stationarysource or group ofstationary 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 ofany hazardous air pollutants that has been listed pursuant to OAR 340-244-0040; 25 tpy or more ofany combination ofsuch hazardous airpollutants, 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 Administratorby rule.Attachment 3.2a, page 18 (B) A major stationary source ofair pollutants, as defined in section 302 ofthe Act, that directly emits or has the potential to emit I00 tpy ormore ofany regulated airpollutant, except greenhouse gases, including any major source offugitive emissions ofany suchpollutant. The fugitive emissions ofa stationary source are not considered 

### in determining whether it is a major stationary source for the purposes ofsection 3020) ofthe Act, unless the source belongs to one ofthe following categories of stationary source: (i) Coal cleaning plants (withthermal dryers); (ii) Kraftpulp 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 ofcharging more than 50 tons ofrefuse 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) Sulfurrecovery plants; (xv) Carbon blackplants(furnace process); (xvi) Primary lead smelters; (xvii) Fuel conversionplants; (xviii) Sintering plants; (xix) Secondary metal productionplants; (xx) Chemical process plants; (xxi) Fossil-fuel boilers, or combination thereof, totaling morethan 250 million Britishthermal 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 productionplants; (xxvi) Fossil-fuel-fired steam electric plants ofmore than 250 million British thermal units perhour heat input; or (xxvii) Any other stationary source category, that as ofAugust 7, 1980 is being regulated under section 111 or 112 ofthe Act. (C) Beginning July 1, 2011, a major stationary source ofairpollutants, as defined by Section 302 ofthe Act, that directly emits or has thepotential to emit 100 tpy ormore ofgreenhouse gases and directly emits or has thepotential to emit 100,000 tpy ormore C02e, including fugitive emissions. (D) A major stationary source as defined inpart D ofTitle I ofthe Act, including: (i) For ozone nonattainment areas, sources with the potential to emit 100 tpy ormore ofVOCs or oxides ofnitrogen 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 ormore in areas classified as "extreme"; exceptthat the references in this paragraph ofthis subsectionto 100, 50, 25, and 10 tpy of nitrogen oxides do not apply with respect to any source for whichthe Administrator has made a finding, under section 182(f)(l) or (2) ofthe Act, that requirements under section 182(f) ofthe Act do not apply; (ii) Forozone transportregions established pursuant to section 184 ofthe 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 carbonmonoxide levels as determined under rules issued by the Administrator, sources with the potential to emit 50 tpy or more ofcarbon 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 ofmaterial added to a process and the amount consumed and/or recovered from a process. (H74) "Modification," except as used in the term "majormodification," means anyphysical change to, or change inthe method ofoperation 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 ofoperation orproductionrates that do not involve a physical change or change in the method ofoperation; (b) Changes inthe method ofoperation due to using an alternative fuel or raw material thatthe stationary source was physically capable ofaccommodating during the baseline period; and (c) Routine maintenance, repair and like-for-like replacement ofcomponents unless they increase the expected life ofthe stationary source by using component upgrades that would not otherwise be necessary for the stationary source to function. (+475) "Monitoring" means any form ofcollecting dataon 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 orassess compliance with an emission limitation or standard (such as records ofrawmaterial content and usage, or records documenting compliance with workpractice requirements). Monitoring may include conducting compliance method tests, such as the procedures in appendix A to 40 CFRpart 60, on a routine periodic basis. Requirements to conduct suchtests on a onetime basis, or at such times as a regulatory authority mayrequire on a non-regular basis, are not considered monitoring requirements for purposes ofthis definition. Monitoring may include one ormore than one ofthe following data collectiontechniques as appropriate for a particular circumstance: (a) Continuous emission or opacitymonitoring systems. (b) Continuous process, capture system, control device orotherrelevantparameter monitoring systems orprocedures, including a predictive emission monitoring system. (c) Emission estimation and calculation procedures (e.g., mass balance or stoichiometric calculations). (d) Maintaining and analyzing records offuel or raw materials usage. (e) Recording results ofa program or protocol to conduct specific operation and maintenance procedures. (f) Verifying emissions, process parameters, capture system parameters, or control device parameters using portable orin situ measurement devices. (g) Visible emission observations and recording. (h) Any other form ofmeasuring, 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 emissionrate MINUS any emission reductions required by rule, orders, orpermit conditions requiredby 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 offsite, PLUS any emission increases approved through the New Source Reviewregulations in OAR 340 division 224 MINUS any emissions reductions required by subsection (g) ofthis section.Attachment 3.2a, page 21 (a) A netting basis will only be established for regulated pollutants subjectto OAR 340 division 224 as specified in the definition ofregulated pollutant. (b) The initial PM2.5 netting basis and PSEL for a source that was permittedpriorto May 1, 2011 will be established with the first permitting action issued afterJuly I, 2011, providedthe permitting action involved a public notice period thatbegan afterJuly 1, 2011. (A) The initial netting basis is the PM2.5 fraction ofthe PM10 netting basis in effect on May 1, 2011. DEQ may increase the initial PM2.5 netting basis by up to 5 tons ifnecessary to avoid exceedance ofthe PM2.5 significant emissionrate as ofMay 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 ofthe PM10 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 obtainedpermits to construct and operate after the applicable baseline period for that regulated pollutant, and has notundergone New Source Review for that pollutant; (B) Anypollutant 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) Ifa 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 byrule, order, orpermit condition affect the netting basis ifthe source currently has devices or emissions units that are subjectto the rules, order, orpermit condition. The baseline emission rate is not affected. The netting basis reduction will be effective onthe effective date ofthe rule, order, or permit condition requiring the reduction. The PSEL reduction will be effective on the compliance date ofthe rule, order, or pe1mit condition. (g) Forpermits 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 ofactual emissions. Notwithstanding OAR 340-222-0041(2), this adjustment does not require a reduction in the PSEL. (h) Emissionreductions 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 ifthe source is emitting the pollutant at the time ofredefining and the pollutant is included in the permit's netting basis.Attachment 3.2a, page 22 

### G) Where EPA requires an attainment demonstrationbased on dispersion modeling, the netting basis will be established atno more than the level used in the dispersion modelingto demonstrate attainment withthe ambient air quality standard (i.e., the attainment demonstration is an emission reduction required byrule). (::f677) "Nitrogen Oxides" or "NOx" means all oxides ofnitrogen exceptnitrous oxide. (+7-78) "Nonattainment Area" means a geographical areaofthe State, as designatedbythe Environmental Quality Commission orthe EPA, that exceeds any state orfederal 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 notinclude such conditions as forced fuel substitution, equipmentmalfunction, orhighly abnormal market conditions. (&Gill) "Offset" means an equivalent or greater emissionreduction that is requiredbefore allowing an emission increase from a proposed major source or majormodification ofan existing source. (8+82) "Opacity" means the degree to which an emissionreduces transmission oflight and obscures the view ofan object inthe background as measured in accordance with OAR 340-212-0120 and 212-0140. Unless otherwise specified byrule, opacity shall be measured in accordance withEPA Method 9 or a continuous opacity monitoring system (COMS) installed and operated inaccordance withthe Department's Continuous Monitoring Manual. For all standards, the minimum observationperiod shall be six minutes, though longerperiods may berequired by a specific rule orpermit condition. Aggregate times (e.g. 3 minutes in any one hour) consist ofthe total duration ofall readings during the observation period that equal or exceedthe opacity percentage inthe standard, whether ornotthe readings are consecutive. (&;!83) "Oregon Title V Operating Permit" means anypermit covering an Oregon Title V Operating Permit source that is issued, renewed, amended, or revised pursuant to division 218.**(~84)** "Oregon Title V Operating Permitprogram" means a program approved by the Administrator under 40 CFR Part 70.**(~85)** "Oregon Title V Operating Permitprogram source" means any source subjectto the permitting requirements, OAR 340 division 218. (1986) "OzonePrecursor" means nitrogen oxides and volatile organic compounds as measured by an applicable reference method in accordance withthe Department's Source Sampling Manual( January, 1992) or as measuredby anEPAreference method in 40 CFRPart 60, appendix A or as measured by a material balance calculation for VOC as appropriate. (U87) "Ozone Season" means the contiguous 3 monthperiodduring which ozone exceedances typically occur (i.e., June, July, and August). (%788) "Particulate Matter" means all finely divided solid orliquid material, otherthan uncombined water, emitted to the ambient air. When used in emission standards, particulate matter is defined by theAttachment 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 heattransfer sources shall be tested with DEQ Method 7; indirect heat transfer combustion sources and all othernon-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 ofOAR 340 division 216, 340 division 224, or 340-218-0160 through 340-218-0180. (9091) "Permitrevision" means any permitmodification or administrative permit amendment. (9+92) "Permitted Emissions" as used in OAR division 220 means.each regulated pollutantportion of the PSEL, as identified in an ACDP, Oregon Title V Operating Pennit, review report, or by the Departmentpursuant to OAR 340-220-0090. (9;:193) "Permittee" means the owner or operator ofthe facility, authorized bythe ACDP or the Oregon Title V Operating Permitto operate the source. (9;94) "Person" means individuals, corporations, associations, firms, partnerships,joint stock companies, public and municipal corporations, political subdivisions, the State ofOregon 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 ofan 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 ofemissions, means finely divided solid or liquid material, including condensable particulate, otherthan uncombined water, with an aerodynamic diameter less than or equal to a nominal I0 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 ofambient 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 ofdirect PM2.5 emissions, means finely divided solid orliquid material, including condensable particulate, otherthan 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 20l 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 CFRPart 60, appendix A. (c) Whenused inthe context ofambient concentration, means particles with an aerodynamic diameter less than orequal to a nominal 2.5 micrometers as measuredby 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 ofPM2.5 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 withrespect to each regulated airpollutant. (99100) "Potential to emit" or "PTE" means the lesser of: (a) The capacity ofa stationary source; or (b) The maximum allowable emissions taking into consideration any physical or operational limitation, including air pollution control equipment and restrictions onhours ofoperation or onthe type oramount ofmaterial combusted, stored, orprocessed, ifthe limitation is enforceable by the Administrator. (c) This definition does not alter or affect the use ofthis term for any otherpurposes under the Act orthe term "capacity factor" as used inTitle IV ofthe 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 datareduction system to produce values in terms of the applicable emission limitation or standard. (-l-0+1 02) "Process Upset" means a failure or malfunction ofa production process or system to operate in a normal andusual manner.



# ·I (lm103) "Proposed permit" means the version ofan OregonTitle V Operating Permit that the Departmentor a Regional Agencyproposes to issue and forwards to the Administrator for review in compliance with OAR 340-218-0230. (-leWI04) "Reference method" means any method ofsampling and analyzing for an airpollutant as specified in 40 CFR Part 52, 60, 61 or 63. (+04105) "Regional Agency" means Lane Regional Air Protection Agency.**(~106)** "Regulated air pollutant" or "Regulated Pollutant": (a) Except as provided in subsections (b) and(c) ofthis 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 beenpromulgated, including any. precursors to suchpollutants; (C) Any pollutantthat is subjectto any standard promulgated under section Ill ofthe Act; (D) Any Class I or II substance subjectto a standard promulgated under or established by Title VI ofthe Act; (E) Anypollutant 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 ofnitrogen and sulfur dioxide. (c) As used in OAR 340 division 224, regulated pollutant does not include anypollutant 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 ofits term. (-1-0+108) "Responsible official" means one ofthe following: (a) For a corporation: a president, secretary, treasurer, or vice-president ofthe corporation incharge ofa principal business function, or any otherperson who performs similarpolicy or decision-making functions for the corporation, or a duly authorizedrepresentative ofsuchperson ifthe representative is responsible for the overall operation ofone ormore manufacturing, production, oroperating facilities applying for or subjectto a permit and either: (A) The facilities employ more than 250 persons orhave gross armual sales or expenditures exceeding $25 million (in second quarter 1980 dollars); or (B) The delegation ofauthority to such representative is approved in advance by the Department orLane Regional Air ProtectionAgency. (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 ofthis division, a principal executive officer ofa Federal agency includes the chiefexecutive officerhaving responsibility for the overall operations ofa principal geographic unit ofthe agency(e.g., a Regional Administrator ofthe EPA); or (d) For affected sources: (A) The designated representative in so far as actions, standards, requirements, or prohibitions under Title IV ofthe Act or the regulations promulgated there under are concerned; and (B) The designated representative for any otherpurposes under the Oregon Title V Operating Permit program.Attachment 3.2a, page 26 (+0&109) "Secondary Emissions" means emissions that are a result ofthe construction and!or operation ofa source ormodification, butthat do not come from the source itself. Secondary emissions mustbe specific, well defined, quantifiable, and impactthe 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 comingto orfrom a facility; (b) Emissions from off-site support facilities that would be constructed or would otherwise increase emissions as a result ofthe construction ormodification ofa source. (+09110) "Section 111" means section 111 ofthe FCAA which includes Standards ofPerformance for New Stationary Sources (NSPS). 

### (+Will) "Section 111(d)" means subsection 111(d) ofthe FCAA which requires states to submit to the EPAplans that establish standards ofperformance for existing sources and provides for implementing and enforcing such standards. (+H112) "Section 112" means section 112 ofthe FCAA which contains regulations for Hazardous Air Pollutants (HAP). (illll3) "Section 112(b)" means subsection 112(b) ofthe FCAA which includes the list ofhazardous airpollutants to be regulated. (+8114) "Section 112(d)" means subsection 112(d) ofthe FCAA which directs the EPA to establish emission standards for sources ofhazardous airpollutants. This section also defines the criteriato be used by the EPA when establishing the emission standards. (H4115) "Section 112(e)" means subsection 112(e) ofthe FCAA which directs the EPA to establish and promulgate emissions standards for categories and subcategories ofsources that emit hazardous air pollutants. 

### (-1--B116) "Section 112(r)(7)" means subsection 112(r)(7) ofthe FCAA whichrequires the EPAto promulgate regulations for the prevention ofaccidental releases and requires owners or operators to prepare risk managementplans. (++6117) "Section 114(a)(3)" means subsection 114(a)(3) ofthe FCAA whichrequires enhanced monitoring and submission ofcompliance certifications for major sources. (++7118) "Section 129" means section 129 ofthe FCAA whichrequires the EPA to establish emission standards and otherrequirements for solid waste incineration units. (H-8119) "Section 129(e)" means subsection 129(e) ofthe FCAA which requires solid waste incineration units to obtain Oregon Title V OperatingPermits. (.f-±.9120) "Section 182(£)" means subsection 182(f) ofthe FCAA whichrequires states to includeplan 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) ofthe FCAA which requires states to apply those plan provisions developed for major VOC sources and majorNOx sources in ozone nonattainment areas. (+2+122) "Section 183(e)" means subsection 183(e) ofthe FCAA whichrequires the EPA to studyand develop regulations for the control ofcertainVOC sources under federal ozone measures. (+66123) "Section 183(£)" means subsection 182(£) ofthe FCAA which requires the EPA to develop regulations pertaining to tankvessels under federal ozone measures.**(~124)** "Section 184" means section 184 ofthe FCAAwhich contains regulations for the control of interstate ozone airpollution. (+.64125) "Section 302" means section 302 ofthe FCAA which contains definitions for general and administrativepurposes in the Act. (+.20126) "Section 302(j)" means subsection 302(j) ofthe FCAA which contains definitions of"major stationary so.urce" and "major emitting facility." (+26127) "Section 328" means section 328 ofthe FCAA which contains regulations for airpollution from outer continental shelfactivities. (+;;l-'7128) "Section408(a)" means subsection408(a) ofthe FCAA which contains regulations for the Title IV permit program. 

### (+2& 129) "Section 502(b)(10) change" means a change which contravenes an express permitterm but is not a change that: (a) Would violate applicable requirements; (b) Would contravene federally enforceable permitterms and conditions that are monitoring, recordkeeping, reporting, or compliance certificationrequirements; or (c) Is a Title I modification. (bl9130) "Section 504(b)" means subsection 504(b) ofthe 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) ofthe 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 greaterthan inthe 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 orNOx, a major source ormajor modification has a significant impact ifit 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) ofthis section, means an emission rate equal to or greater thanthe rates specified in Table 2. (a) Forthe Medford-AshlandAir Quality Maintenance Area, the Significant Emission Rate for PM10 is defined in Table 3. (b) Forregulated airpollutants 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 whichwould construct within 1 0 kilometers ofa Class I area, and wouldhave an impact on such area equal to or greaterthan 1ug/m3 (24 hour average) is emitting at a significant emissionrate. This provision does not apply to greenhouse gas emissions.**(~134)** "Significant Impairment" occurs when the Department determines that visibility impairment interferes withthe management, protection, preservation, or enjoyment ofthe visual experience withln a Class I area. The Department will make this determination on a case-by-case basis after considering the recommendations ofthe Federal Land Manager and the geographlc extent, intensity, duration, frequency, and time ofvisibility impairment. These factors will be considered along with visitor use of the Class I areas, and the frequency and occurrence ofnatural conditions that reduce visibility. (H-4135) "Small scale local energyproject" means: (a) A system, mechanism or series ofmechanisms locatedprimarily in Oregonthat directly orindirectly uses or enables the use of, by the owner oroperator, renewable resources including, but not limited to, solar, wind, geothermal, biomass, waste heat orwaterresources to produce energy, including heat, electricity and substitute fuels, to meet a local community orregional energy need in this state; (b) A system, mechanism or series ofmechanisms locatedprimarily in Oregon orproviding substantial benefits to Oregon that directly or indirectly conserves energy orenables the conservation ofenergy by the owner or operator, including energy used intransportation; (c) A recycling project; (d) An alternative fuel project; (e) An improvementthat increases the production or efficiency, or extends the operating life, ofa system, mechanism, series ofmechanisms orproject otherwise described in this section ofthis rule, including butnot limited to restarting a dormantproject; (f) A system, mechanism or series ofmechanisms installed in a facility orportions ofa facility that directly orindirectly reduces the amount ofenergy needed for the construction and operation ofthe facility and thatmeets the sustainablebuildingpractices standard established by the State Department of Energy byrule; or (g) A project described in subsections (a) to (f) ofthis section, whether or not the existing projectwas 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 projectdescribed in subsections (a) to (g) ofthis sectionthat conserves energy orproduces energy by generation or by processing or collection ofa renewable resource. (-8§:136) "Source" means any building, structure, facility, installation or combination thereofthat emits or is capable ofemitting air contaminants to the atmosphere, is located on one or more contiguous or adjacent properties and is owned or operated bythe same personorbypersons under common control. The term includes all pollutant emitting activities that belongto 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 ofManagement and Budget, 1987) or that supportthe major industrial group. (+.3{}137) "Source category": (a) Except as provided in subsection(b) ofthis section, means all the pollutant emitting activities that belong to the same industrial grouping(i.e., thathave the same two-digit code) as described in the Standard Industrial Classification Manual, (U.S. Office ofManagement and Budget, 1987). (b) As used in OAR 340 division 220, Oregon Title V Operating Permit Fees, means a group ofmajor sources that the Departmentdetermines are using similar raw materials and have equivalentprocess controls and pollution control equipment. (-H+138) "Source Test" means the average ofat 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 ofOregon Clean Air Act Implementation Plan as adopted bythe Commission under OAR 340-200-0040 and approved by EPA. (.J40141) "Stationary source" means any building, structure, facility, orinstallation at a source that emits or may emit any regulated air pollutant. (+4+142) "Substantial Underpayment" means the lesser oftenpercent (10%) ofthe 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 ofthe following modifications pursuant to Title I ofthe 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 subjectto OAR 340-224-0070, Prevention ofSignificant Deterioration Requirements for Sources in Attainment or Unclassified Areas; (d) A modificationthat is subject to a New Source Performance Standard under Section 111 ofthe FCAA; or (e) A modification under Section 112 ofthe FCAA. (+44145) "Total Reduced Sulfur" or "TRS" means the sum ofthe 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 criteriapollutant from a particular emissions unit in accordance with OAR 340-226-0130. For existing sources, the emission limit established will be typical ofthe emission level achieved by emissions units similar in type and size. For new and modified sources, the emission limit established will betypical ofthe emission level achieved by well controlled newormodified emissions units similar in type and size that wererecently installed. TACT determinations will be based on information known to the Department while considering pollutionprevention, impacts on other environmental media, energy impacts, capital and operating costs, cost effectiveness, andthe age and remaining economic life ofexisting emission control equipment. The Department may consider emissioncontrol technologies typically applied to othertypes ofemissions units where such technologies could be readily applied to the emissions unit. Ifan emission limitation is not feasible, a design, equipment, work practice, operational standard, orcombination thereof, may be required. (+46147) "Unassigned Emissions" means the amount ofemissions that are in excess ofthe PSEL but less thanthe Netting Basis. (Wl48)"Unavoidable" or "could not be avoided" means events that are not caused entirely orinpart by poor or inadequate design, operation, maintenance, or any otherpreventable condition in either process or control equipment. (-14&149) "Upset" or "Breakdown" means any failure ormalfunction ofany pollution control equipment or operating equipment that may cause excess emissions. (1-49150) "Visibility Impairment" means any hnmaulyperceptible 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 ofcarbon, 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 exceptthe following, which have been determined to have negligible photochemical reactivity in the formation oftropospheric 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(HCFC141b); 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-143a); 1,1-difluoroethane (HFC-152a); parachlorobenzotrif1uoride(PCBTF); cyclic, branched, or linear completelymethylated 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 43-1Omee); 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(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-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-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-trif1uoromethyl-pentane(HFE-7300); andperfluorocarbon compounds that fall into these classes: (A) Cyclic, branched, orlinear, 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 containingperfluorocarbons with no unsaturations and with sulfurbonds onlyto carbon and fluorine. (b) Forpurposes ofdetermining 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 ifthe amount ofsuch compounds is accurately quantified, and the Department approves the exclusion. (c) The Department may require an owner or operatorto provide monitoring or testing methods and results demonstrating, to the Department's satisfaction, the amount ofnegligibly-reactive compounds in the source's emissions. (d) The following compound(s) are VOC for purposes ofall 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 oftime.Attachment 3.2a, page 32 NOTE: This rule is included in the State ofOregon 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 ofthe 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 33Attachment 3.2a, page 34

Table 2 OAR 340-200-0020 SIGNIFICANT EMISSION RATES 

# I Pollutant 

# I Emission Rate 

# I Greenhouse Gases (C02 e) 175,000 tons/year 

# I Carbon Monoxide j100 tons/year 

# I Nitrogen Oxides (NOx) 

# I40 tons/year 

# I Particulate Matter 125tons/year

PM10 115tons/year Direct PM2

. 5 _11 0 tons/year 

# I PM2.s precursors (S02or 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 nonmethane 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

AirContaminant 

# 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

lltUAttachment 3.2a, page 37

TABLES OAR 340-200-0020(5960) Generic PSELs



# .**~~"~"v** PSEL (tons/year, as noted) GreenhouseGases (C02e)**so~** 39 PM 24 PM 10 (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) 24Attachment 3.2a, page 38 340-200-0040

State ofOregon Clean Air Act Implementation Plan (1) This implementation plan, consisting ofVolumes 2 and 3 ofthe State ofOregonAir Quality Control Program, contains control strategies, rules and standards prepared by the Department ofEnvironmental Quality and is adopted as the state implementationplan (SIP) ofthe State ofOregonpursuant to the federal CleanAirAct, 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 ofthis chapter and any other requirements contained inthe SIP and will be submitted to the United States Environmental Protection Agency for approval. The State Implementation Planwas last modified bythe Commission on December 15, 20HFebruary 16,2012. (3) Notwithstanding any otherrequirement contained inthe SIP, the Department may: (a) Submitto the Environmental Protection Agency anypermit condition implementing a rule thatis part ofthe federally-approved SIP as a source-specific SIP revision after the Department has complied withthe public hearings provisions of40 CFR 51.102 (July 1, 2002); and (b) Approve the standards submitted by a regional authority ifthe regional authority adopts verbatim any standard that the Commissionhas adopted, and submitthe standards to EPA for approval as a SIP revision. NOTE: Revisions to the State ofOregon Clean Air Act Implementation Plan become federally enforceable upon approval bythe United States Environmental Protection Agency. Ifany provision of the federally approved Implementation Plan conflictswith 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. 5-1-11340-210-0100 

### Registration in General STATIONARY SOURCE NOTIFICATION REQUIREMENTS 

### Registration Attachment 3.2b, page 1

(1) Any air contaminant source not subjectto Air ContaminantDischarge Permits, OAR 340 division 216, or Oregon Title V Operating Permits, OAR 340 division 218, mustregister withthe Department upon request pursuant to OAR 340-210-0110 through 340-210-0120. (2) The fullowingowner or operator ofan air contaminant sorncessource listed in subsection.(2)(a) of this rule thatareis certifiedthrough a Department approved enviromnental certification program and subjectto an Area SourceNESHAP may register the source withthe Departmentpursuantto OAR 340- 210-0110 through 340-210-0120 in lieu ofobtaining a permit in accordance with OAR 340-216-0020, unless the Department determines that the source has not complied withthe requirements ofthe enviromnental certificationprogram. (a) The following air contaminant sources may be registered under this section: @Motorvehicle surface coating operations. 

### ill) Dry cleaners usingperchloroethylene. (;>_Q) Approved enviromnental certificationprogram. 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 orderto obtain and maintainregistration, owners and operators ofair contaminant sources registered pursuant to this section (2) ofthis rule must pay the following mmual fees by March 1 ofeach year: (aA) Motor vehicle surface coating operations-- $240.00. (bfn Dry cleaners using perchloroethylene --$180.00. (oQ) Late fees. (Ai) 30 days late: 5% ofannual fee. 

### (BiD 31-60 days late: I0% ofannual fee. (Giii) 61 or more days late: 20% ofannual fee.Attachment 3.2b, page 2 ( dD) Failure to pay fees. Registration is automatically terminated upon failure to pay annual fees within 90 days ofinvoice by the Department, unless priorarrangements for paymenthave been approved in writing by the Department. (5.\!) Recordkeeping. In orderto maintainregistration, owners and operators ofair contaminant sources registered pursuantto section (2) ofthis mlesectionmust maintain records required by the approved environmental performance program under StJction (3subsection (2)(b)**oft~is** rule. The records mustbe kept on site and in a form suitable and readily available for expeditious inspection and review. (3) The owner or operator ofan air contaminant source that is subject to a federal standaffiNSPS or NESHAP in40 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 DischargePermits) or OAR chapter 340, division 218 (Oregon Title V Operating Permits), must register and maintain registration withthe Department pursuant to OAR 340-210-0110 through 340-210-0120 ifrequested in writing by the Department (or by EPA at the Department's request). (61) Revocation. The Departmentmayrevoke a registration ifa source fails to meet any requirement in OAR 340-210-0110. NOTE: This rule is included in the State ofOregon Clean AirAct 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 (!)Registrationpursuant to OAR 340-210-0100(1) or (3) must be completed within 30 days following the mailing date ofthe requestby the Department. (2) Registration mustbe made-completed by the owner, lessee ofthe source, or agent on forms furnished made available bythe Departmentand completed 

### by the owner, lessee ofthe source, or agent. Ifa form is not available from the Department, the registrant may provide the information using a format approved by the Department.

(3) In orderto obtainregistration pursuantto OAR 340-210-0100(1), the following informationmust be reportedby registrants: (a) Name, address, and nature ofbusiness; (b) Name oflocalperson responsible for compliance with these rules;Attachment 3.2b, page 3

· (c) Name ofperson authorized to receive requests for data and information;

(d) A description ofthe production processes and a related flow chart; (e) A plotplan showing the location andheight ofall 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 ofair contaminant emissions; (h) Estimated efficiency ofairpollution control equipmentunder presentor anticipated operating conditions; (i) Any other information requested by the Department. (4) Inorder to obtain registration pursuantto OAR 340-210-0100(2), a sourceregistrant must submitthe information in section (3)(a), (b), (c), and (i) ofthis rule and the following: (a) Information demonstrating thatthe 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 certifiedthrough an approved environmental certificationprogram. (c) A signed statementthatthe submitted information is true, accurate, and complete. This signed statement shall state that, based on information and beliefformed afterreasonable inquiry, the statements and information inthe document are true, accurate, and complete. (5) In orderto obtain registration pmsuantto OAR 340-210-0100(3), the following must be submitted by a registrant: (a) Name, address and nature ofbusiness or institution; (b) Name oflocal person responsible for compliance with these rules; (c) Name ofperson authorized to receive requests for data and information; (d) A description ofthe air contaminant source subject to regulation_,; (!0 Identification ofthe 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 340-0210-0250,; (g) Confirmation that the air contaminant source is operating in compliance with all applicable state rules and regulations, including butnot limited to OAR 340-208-0110 (visible air contaminant limitations) and 340-226-0210 or 340-228-0210 (grain loading standar_<;W;Attachment 3.2b, page 4 (h) Confinnationthat 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 ofOregon 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 orderto re-register or maintain registration, pursuantto OAR 340-210-0100, a person responsible for an air contaminant source mustreaffirm in writing, by March 1 ofeach year, the correctness and current status ofthe informationfurnished to the Department. (2) In order to re-register or maintain registration pursuant to OAR 340-210-0100(3): (a) The registrant must reportAeyany_change in any ofthe 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 confirmthe compliance status ofthe air contaminant source, includingbut not limited to compliance with any workpractice requirements such as routine tune-ups. Confirmation must be made in writing on a form furnished by the Department. (3) In orderto re-register, ormaintainregistration, a person must not have had their registration terminated orrevoked withinthe last 3 years, unless the air contaminant source has changed ownership since termination orrevocation. ( 4) Ifa registered air contaminant source is sold ortransferred, the sale or transfer must be reported to the Department by eitherthe former ownerorthe newownerwithin 30 days ofthe date ofsale or transfer. The new owner ofthe registered air contaminant source mustregister the air contaminant sonrce within 30 days ofthe date ofsale or transfer in accordance with OAR 340-210-0110(2) and (5).

NOTE: This rule is included in the State ofOregon 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 ofConstruction and Approval ofPlans

340-210-0250 Approval to Operate (1) The approval to construct does notprovide approval to operatethe constructed ormodified stationary source or air pollution control equipment unless otherwise allowed by either-section (2) ofthis rule or the ACDP or OregonTitle V Operating Permitprograms (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 maybe operated without further approval subjectto the conditions ofthe Department's approval to construct provided in accordance with OAR 340-210-0240. {A) Approval to operate does notrelieve the owner ofthe obligation ofcomplying 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) Ifrequired by the Depruiment as a condition ofthe approval to construct or at any other time in accordance with OAR 340-212-0120. the owner or operator must conducttesting ormonitoring to verify compliance with applicable requirements. Testing ofboilers must be perfon11ed in accordance with OAR 340-212-0140. (C) The owner or operator must register the air contaminant source with the Department ifrequired as a condition ofthe approval to construct or atany 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 1or 2 changes. (c) For sources currently operating under anACDP, Type 1and 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 

### 1and 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 or4 changes require a standard ACDP before operation ofthe changes.Attachment 3.2b, page 6 (b) For sources currently operating under anACDP, approval to operate Type 3 or 4 changes will require a newormodified 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 or4 changes must be in accordance with OAR 340-218-0190(2). 

### [NOTE: This rule is included inthe State ofOregon CleanAirAct 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. 7-1-01Attachment 3.2c, page 1 REQUIREMENTS FORFUEL BURNING EQUIPMENT AND FUEL SULFUR CONTENT 340-228-0020 Definitions The definitions in OAR 340-200-0020 andthis rule applyto this division. Ifthe same term is defined in this rule and OAR 340-200-0020, the definition inthis 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 andthose portions of Douglas and Lane County west ofRange 8 West, Willamette Meridian. (3) "Distillate Fuel Oil" means any oil meeting the specifications ofASTM Grade 1 or 2 fuel oils; (4) "Fuel burning equipment" means equipment, otherthan internal combustion engines, the principal purpose ofwhich is to produce heat orpowerby indirectheat transfer. (5) "New source" means any air contaminant source installed, eonstructed, ormodified: (a) For purposes ofOAR 340 228 0200-;-after January 1, 1972; and (b) Forpurposes ofOAR 340 228 0210, after June 1, 1970. 

### f60.) "Residual Fuel Oil" means any oil meetingthe specifications ofASTM Grade 4, 5, or 6 fuel oils. (72) "Standard conditions" means a temperature of68° Fahrenheit and a pressure of 14.7 pounds per square inch absolute. (&1) "Standard cubic foot" means the amount ofgas that would occupy a volume ofone cubic foot, ifthe gas were free ofuncombined water at standard conditions. When applied to combustion flue gases from fuel orrefuse burning, "standard cubic foot" also implies adjustment ofgas volume to that which would result at a concentration of 12% carbon dioxide or 50% excess air.

NOTE: This rule is included inthe State ofOregon CleanAir Act Implementation Plan as adopted by the Environmental Quality Commissionunder 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. 11-8-07Attachment 3.2c, page 2 General Emission Standards for Fuel Burning Equipment

340-228-0200 SulfurDioxide Standards The following emission standards are applicable to new-sources installed, constructed. or modified after Januarv 1, 1972 only: (!)Forfuel burning equipment having a heat input capacity between 150 millionBTUper hour and 250 million BTU, no personmay cause, suffer, allow, orpermitthe emission into the atmosphere ofsulfur dioxide in excess of: (a) 1.4lb.permillionBTUheat input, maximumthree-hour average, when liquid fuel is burned; (b) 1.6 lb. permillion BTUheat input, maximum three-hour average, when solid fuel is burned. (2) For fuel burning equipment having a heat inputcapacity ofmore than 250 million BTU perhour, no personmay cause, suffer, allow, orpermitthe emission into the atmosphere ofsulfur dioxide in excess of: (a) 0.8lb. permillion BTUheat input, maximum three-hour average, when liquid fuel is burned; (b) 1.2 lb. permillion BTUheat input, maximum three-hour average, when solid fuel is burned. NOTE: This rule is included in the State ofOregon 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) ofthis rule, Neno person shall cause, suffer, allow, or permitthe emission ofparticulate 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 withthe above limits and when the salt in tbe fuel results from storage orAttachment 3.2c, page 3 transportation oflogs in salt water, the resulting saltportion ofthe emissions shall be exempted from subsection (1)(a) or (b) ofthis rule and OAR 340-208-0110. Inno 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 uponprior notice to the Department. (b) Sources which utilize this exemption, to demonstrate compliance otherwise with subsection (!)(a) or (b) ofthis rule, shall submit the results ofa particulate emissions source test ofthe boiler stacks biannually

. .Q) This rule does not apply to solid fuel burning devices thathave been certified under OAR 340-262- 0500. NOTE: This rule is included in the State ofOregon CleanAirAct Implementation Plan as adopted by the Environmental Quality Commissionunder 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

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### I IAttachment 3.2d, page 1 HEAT SMART PROGRAM FORRESIDENTIALWOODSTOVES AND OTHER SOLID FUELHEATING DEVICES 340-262-0450 Definitions The definitions in OAR 340-200-0020 and this rule apply to this Division. IfOAR 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 thathas 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 connectedto heating ductwork for the entire residential structure. (3) "CFR" means Code ofFederal Regulations. (4) "Consumer" means a personwho buys a solid fuel burning device for personal use. (5) "Cookstove" means an indoor wood-burning appliance designed for the primary purpose ofcooking food. (6) "Dealer" means a person that sells solid fuel burning devices to retailers or other dealers for resale. Forthe purpose ofthis Division, a dealer that is also an Oregon retailer shall be consideredto be only a retailer. (7) "DEQ"means Oregon Department ofEnvironmental Quality. (8) "Destroy" means to demolish or decommission to the extentthatrestoration or reuse as a heating device is impossible. (9) "EPA"means United States Environmental Protection Agency. (10) "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) "Hydronicheater" means a fuel-burning device which may be equipped with a heat storage unit, and which is designed to: (a) Bumwood 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; andAttachment 3.2d, page 2 (c) Heat building space and/or water viathe distribution, typically throughpipes, ofa fluid heated inthe device, typically water or a water/antifreeze mixture. (14) "Manufacturer" means a personwho 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 slowrelease the heatto the site. Such solid-fueled heating device mustmeet the design and construction specifications setforth in ASTM E 1602-03, "Guide for Construction ofSolid 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 I0 microns. (18) "PM2.5" means particulate matter less than 2.5 microns. (19) "Pellet stove" means a heating device that uses woodpellets, orotherbiomass fuels designed for use inpellet stoves, as its primary source offueL (20) "Phase 1 emission level qualified model" is a model ofa hydronic heater that achieves an average emission level of0.60 lbs/million Btuheat 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 ofEPA's acceptance ofthe model as a qualified model. (21) "Phase 2 emission level qualified model" is a model ofa hydronic heater that achieves an average emissions level of0.32lbs/million Btu heat output or less for all fuel types listed in the owner's manual and/or mentioned inmarketing/sales materials, and that did not exceed 18.0 grams/hr offine particles in any individual test run that was used in the calculation ofthe average, as acknowledged by EPA in writing to the manufacturer as part ofEPA's acceptance ofthe 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 ofsolid fuel burning devices directly to consumers. (24) "Solid fuel burning device" or "device" means a woodstove orany other device thatburns wood, coal or othernongaseous or non-liquid fuels for aesthetic, space-heating orwater-heating purposes in or for a private residential structure or a commercial establishment and that has a heat output oflessthan one million Britishthermal units perhour. 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 subjectto 40 CFRpart 63, subpart DDDDD or subpartJJJJJJ, as in effect on February 16, 2012 that obtain construction approval under OAR 340-210-0205 through 340-210-02450. (25) "Trashbumer" means any equipment that is used to dispose ofwaste byburning and has not been issued anair qualitypermit under ORS 468A.040. (26) "Treated Wood" means wood ofany species that has been chemically impregnated, painted or similarly modified to preventweathering and deterioration. (27) "Used solid fuel burning device" or "used device" means a solid fuel burning device thathas been sold, bargained, exchanged, given away, or otherwise has had its ownership transferred. NOTE: This rule is included inthe State ofOregon 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 BurningDevices Sold in Oregon (I)No personmay advertise to sell, offerto 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 pursuantto 40 CFRpart 60, subpart AAA; and (b) The device is permanently labeled as certified, or inthe case ofa 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-lowingar-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) CookstovesAttachment 3.2d, page 4 (d) Fireplaces; (e}Masonry heaters; (f) Central, wood fired furnaces; and

(3) Exempt consumertransactions. Consumertransactions are exempt from this rule, ifthe consumer: (a) Sells a used solid fuel burning device to a person in the business ofreusing, reclaiming orrecycling scrap metal and the person destroys the device; or (b) Remits a used device to a retailer for a price reduction on a newresidential heating system. ( 4) Prohibited label alteration. Nopersonmay alterDEQ orEPA authorized labels.

NOTE: This rule is included in the State ofOregon CleanAirActImplementation 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

## Attachment4 Evidence that the state followed the Administrative Procedures Act

4.1 Public notice in the Secretary ofState'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, 2012I 

### IAttachment 4.1, page 1 

# OREGO BULLETI

Supplements the 2011 Oregon Administrative Rules Compilation



### Volume 50, 

### No. 8

August 1, 2011 ForJune 16, 2011-July 15, 2011

Published by KATE BROWN Secretary ofState Copyright 20II Oregon Secretary ofStateAttachment 4. 1, page 2 

### NOTICESOFPROPOSEDRULEMAKING Date: 8-16-11 Time: 9a.m.

HearingOfficer: Staff Location: Oregon StateLibrary 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 produceror collectortax creditrules 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 ofEnergy (ODOE) has identified improvementsto these rules that will provide more clarity to applicants and ensure consistency for the .certificationprocess. The rules will also allow implementation oflegislation from the 2011 session that made changes to the tax credit. This rulemakingwill provide more clarity on the type ofwoody 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 ofthese credits. Rules Coordinator: Kathy Stuttaford Address: Department ofEnergy, 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 HearingOfficer: 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 ofthe ODOE rules is to provide procedures for consumer-owned utilities to implement Oregon's greenhouse gas emissions standard ofORS 757.528 AND 757.533 for power purchases. The proposed rules provide guidance for:

•An output-based methodology for calculatinggreenhouse 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 ofEnergy, 625 Marion St. NE, Salem, OR 97301 Telephone: (503) 373-2127 Department ofEnvironmental Quality Chapter 340 Rule Caption: Small and mid-size boilerrule amendments. Date: Tiine: Location: 8-18-11 6 p.m. DEQ HQ, Rm. EQC-A 811 SW SixthAve. Portland, OR Hearing Officer: CarrieAnn 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- 0l00, 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 LastDate for Comment: 8-25-ll Summary: Current Heat Smartrules under OAR chapter 340 divi**sio~** 262 prohibit uncertified small biomass boilers and other solid fuel boilers with heat output less than one million British thermal units perhour 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, theproposed rule would:

•Provide an exemption from Heat Smartregulations ifthe owner or operator obtains construction approval under OAR chapter 340 division 210.

•Require registration ofboilers 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 otherexisting 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 ofaboiler does not authorize its operation like an air quality permit; however, it does provide DEQ with information aboutthe location and compliance status of boilers that are not required to obtain permits.

These amendments, ifadopted, will be submitted to the U.S. Environmental Protection Agency (EPA) as arevision to the Oregon Staie Implementation Plan, which implements a number ofair pollution programs ofthe federal CleanAirAct in Oregon. Rules Coordinator: MaggieVandehey Address: DepartmentofEnvironmental Quality, 811 SW SixthAve., 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 SupervisorLicense.

• 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 ofthe 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: DepartmentofEnvironmental Quality, 811 SWSixthAve., Portland, OR 97204-1390 Telephone: (503) 229-6878Oregon Bulletin August 2011: Volume 50, No. 8 12 Attachment 4.1, page 3

# I I I I I I I I I I. Secretary ofState Certificate and Order for Filing PERMANENT ADMINISTRATIVE RULES Attachment 4.2, page 1

!:'certifythatthe attached copies* are true, full and correctcopies ofthe PERMANENT Rule(s) adopted on February 16, 2012, by the Date priorto or sameas filing date 0J:"egon Department ofEnvironmental Quality 340 Agency and Division MaggieVandehey Rules Coordinator

to become effective upon filing.

ADOPT:N/A Administrative Rules Chapter Number 811 SW Sixth Avenue, Portland, OR97204-!390 Address Rulemaking Notice was published in the August 2011 Oregon B';Illetin.."'* RULE CAPTION Small and mid-sizeboiler 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 OFSTArE StatAuth.: 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 Smartrules under OAR chapter 340 division 262 prohibitthe sale ofuncertified biomass boilers and other solid fuel burnillgdevices with maximumbeat output capacities below one million British thermal units per hour in Oregon. For small-scale and mid-size commercial, industrialand institutional solid.fuel-fired boilers that arenot undera DEQ il.ir qualitypermit 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 ifthe owner or operator obtains construction approval from DEQ under OARchapter 340 division 210.

• Require registration ofaboiler 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 subjectto federal National Emission Standards for Hazardous Air Pollutants to be sold in Oregon while ensuring it meets applicable. air quality standards. Registration ofa boiler does notauthori7.e its operation like an air quality permit; however, it does provide DEQ with infornlation about the location andcompliance status ofsolid fuel boilers located at facilities that are not requiredto obtaln air emissions permits.

## I 

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## Attachment5 Evidence ofadequate public notice

5.1 Affidavit ofPublication: The Oregonian, July 18,2011, editionAttachment 5.1, page 1



# ·tal-OregonLive.com

1320 S.W.**Broadw~y,** Portland, OR 97201-3499 Affidavit ofPublication

I, Glenda Batter, being first duly sworn depose and say that I am the Principal Clerk ofThe Publisher ofThe·Oregonian, anewspaper ofgeneral circulation, as defined by ORS 193.010 and 193.020, published in the City ofPortland, in Multnomah County, Oregon; that the preprint insertion was distributed in the listed zip codes ofThe Oregonian orthe issue on the following date(s):

DEQ Business Office #3202734

07/18/1!

7 Principal Clerk ofthe Publisher

Subscribed and swom to before me on Mayl5, 2012,

Notary Public for Oregon 1N Ql Ol 

## "' "-**~** <D 

## c Ql E .c

# ~**~** fim] The Oregonian Order Confirmation forAd#0003202734**oreg~n D~partm.ent**  of EnVironmental Qulility N!)tlce.ofP_ublic Hearlng:on PrQposed_ Air-Quality·Rule

..**~mendn'tents**

These amendments, ifadopwd, will 00**sul:!m~**to**~h:e'** u.s, E!llflrO!'lmMtal**~~~~~~~~t~_Sf6s~w~tt~thftJ~mm=~~1h~~~~~W~7aqult~** efurnges !n.PQr:t1mllatS:OO!im,August**18;_l011:_.~t_the_ OEQ-Headqu:arters..Offl~el**  8ltsW-6thAvenue, Room EQC-A. oral and WJ:i<wneommentwi!l be acoeoted a the.lll!arlrlg. thg rulemaklil';!documents are avallable-onnneat:**={=~n's~~~~~aWatlon,/proPQSedrufu;~rtm** orby-eon!actlng Wtlf«!n_¢Wll1nents-mallbe ma!led to theP_orlland**addr~_abe>re**or_e!nalled.t«,**C4~e!lt•Smi!O!le,tP,eimlfiiCI:I.!tate.ot.us** , The wmmfiht- period hll!!sat5:00 pm on AuglistlS, 2011

Plinted on: 7f12/2011 4:30:S3PM Page 2of2

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Customer Information Account#2000062606 DEQ Business Offre 811 SW 6 Ave,AUn: Dee David/Accounting Portland OR 97204-1390 USA

503-229-5562 Phone 

## '" E..mail 503-229-5265 GAMOLO.Gerald@deq.state.or.us Total Amount PaymantAmt**AmountD~e** Payment Method

Jnvotce T!l-xt $474.26 $0.00 $474.26**~** payor Information**~2000062606** DEQ Business Office 811 SW6Ave,Attn: Dee DaVid/Accounting Portland OR 97204·1390 USA

Phone

PO Number Promo Type Special Pricing Attributes

Tear Sheats 0 503-229-5582

c-Legal Ad 1x None

Proofs 0**~** 1

Product:Ed!Uon:Zon& Oregonlai'\:Ali:FuH Run C-NoficeAds •.C!asslfled Position C006-PublieNotices Bl!nd Box**~** damlenneo Ordered By Gerald M. Gamo!o

Ad Si:tl;'! 2;0 X 37 Li Color <NONE>**~**

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### , ContactTimRain (206) 651-6547



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## Attachment 6 Certification ofpublic hearing

See paragraph #3 ofcover letter and Attachment 7.I

## Attachment 7 Compilation ofpublic 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 ofpublic comment and agencyresponse, dated September 12,2011Attachment 7.1, page 1 

### State ofOregon DepartmentofEnvironmental 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 TitleofProposal: Small andMid-size BoilerRuleAmendments 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 commentperiod DEQ did receive written comments from one commenter. The Department will include the comments in the Summary ofComments andAgency Responses for this rulemaking.I I I I I I I I I I I I I I I I I I I I I I I IAttachment 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 ofcomments and responses

Comment1

Response

Comment2 Carrie Capp Sept. 12, 2011 DEQ held a public commentperiod July 16 to 5 p.m. Aug. 25,2011 and a public hearing 6 p.m., Aug. 18, 2011, atthe 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 ofcomments and DEQ's responses are provided below. Comments are summarized in categories. Those who provided each comment are referencedby number. A list ofcommenters and their reference numbers follows the sununary ofcomments andresponses.

Summary ofcomments andagencyresponses There are bills in Congress currently that wouldpostpone or avoid entirelythe industrial boilerMACT regulations finalized in February. Ifthat 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? IfCongress modifies orrepeals the federal small boilerNESHAP after EQC adopts these rules, the commission's rules will still exempt small boilers from Heat Smart ifthose boilers were subjectto the boiler federal emissions standards for hazardous air pollutants that were in place onthe 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 boilerNESHAP occur, DEQ will evaluate what, ifany, 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 ifthey are subject to federal emissions standards for hazardous airpollutants and the user complies with existing construction approval requirements. So, this new rule would only apply ifthe boiler MACT is applied to a particular source? Would Heat Smart apply until then? Would Heat Smart re-apply ifthe MACT is overridden by congressional action?Response

Comment3

Response

Reference

Number Attachment 7.2, page 2

Heat Smart applies to the sale ofsmall residential and commercial solid fuel heating devices (e.g. wood stoves); uncertified devices may not be sold as neworused in Oregon. Underthe temporary rule, small commercial boilers subjectto the boiler federal emissions standards for hazardous airpollutants do nothave to be Heat Smart-certifiedto be sold. The proposedpermanent rule would continue this exemptionfor small boilersthat meet construction approval requirements. Heat Smart rules could not applyto an in-use commercial boiler, since the rules only apply to the point ofsale for these boilers. However, ifthe NESHAPs arerepealed in the future, in-use boilers would still be required to meet state particulate emission limits, and DEQ would evaluate what, ifany, revisions to the state rule were needed. The language inthe proposed rule: "The owner or operator ofa boiler that is subject to [the MACT] as ineffect on December 16, 2011," seems confusing because a source could be "subjectto [MACT] as in effectonDecember 16, 2011," butthat MACTmay go away soon after, or before, resulting in a need to amend the rule. For example, ifthe MACTis overriddenby 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 CFRpart 63, subpartJJJJJJ orDDDDD. Similarly, ifthe MACTis overridden after December 16, 20II, and after EQC approval, those that were subjectwill no longerbe, thus the rule will not be applicableto them. Ifthat'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 subjectto the boiler federal emissions standards for hazardous air pollutants as it exists onDec. 15, 2011

### *, even ifthe standard changes inthe future. In other words, the current applicability ofthe standard determines which boilers qualify for the Heat Smart rule exemption. Those boilers will have to meet whatever state and federal standards apply inthe future, but the applicability ofthe exemption from the Heat Smart rules will not change unless the EQC changes the state rules. *NOTE: The date ofDec. 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 ofcommenters andreference 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. (PEAC) Portland, OR 97219