Appendix 10.13 

Reference 15: 

Addendum to the Oregon DEQ BART Report for the Boardman Power 

Plant, November 30, 2010. 
7. DEQ 2010 BART Report addendum 

Appendix D: Supplemental BART Information Page D-167 

Addendum to the DEQ BART Report 

for the Boardman Power Plant (November 30, 2010)

INTRODUCTION: 

PGE and several citizen groups asked DEQ to re-open the comment period on proposed 

pollution control rules for the Boardman coal-fired power plant to consider new information. 

PGE proposed a new approach to satisfying the Clean Air Act BART requirements that would 

require the Boardman Plant to meet increasingly stringent emission limits, close the plant no 

later than December 31, 2020, and eliminate existing rules that allow the plant to operate 

indefinitely. DEQ proposed rules that would address PGE’S request and re-opened the 

comment period from October 29 through November 15, 2010. Provided below is DEQ’s 

BART analysis for the new proposal. 

CONTROL TECHNOLOGY INFORMATION 

A discussion of the feasible control options is provided in the BART report prepared on 

September 1, 2010. The new proposal does not evaluate any new controls, but re-assesses the 

control effectiveness, cost effectiveness, and visibility improvement associated with the control 

options. Provided below is a summary of the feasible controls, the dates they would be 

employed, and the remaining useful life taking into consideration the plant closes on December 

31, 2010. 

Feasible Controls: 

Visibility Impairing 

Pollutant Control technology Date of operation 

Remaining useful 

life (years) 

NOx Low NOx burners with overfire air (LNB) 7/1/11 9.5 

Selective non-catalytic 

reduction (SNCR) 

7/1/14 6.5 

Selective catalytic reduction 

(SCR) 

7/1/17 3.5 

SO2 Reduced sulfur coal 

restriction (RSCR) 

7/1/14 6.5 

Dry sorbent injection (DSI) 7/1/14 6.5 

Semi-dry flue gas 

desulfurization (SDFGD) 

7/1/14 6.5 

Wet flue gas desulfurization 

(WFGD) 

7/1/14 6.5 

PM Fabric filter (FF) 7/1/14 6.5 

Provided below is a summary of the control effectiveness, emissions reductions, and visibility 

improvement for each of the control technologies. 
7. DEQ 2010 BART Report addendum 

Appendix D: Supplemental BART Information Page D-168 

Control Effectiveness: 

Visibility 

Impairing 

Pollutant 

Control 

technology 

Emission limit 

(lb/MMBtu) 

Annual emission 

reduction 

(tons/yr)a 

Visibility 

improvement 

(dV)b 

NOx LNB 0.23 4,756 1.44 

SNCR w/LNB 0.19 5,729 1.62 

SCR w/LNB 0.070 8,647 2.17 

SO2 RSCR 0.60 331 0.43 

RSCR/DSI 0.55 1,545 0.53 

DSI -1 0.40 5,188 0.84 

DSI -2 0.30 7,616 0.98 

SDFGD 0.12 11,988 1.24 

WFGD 0.070 13,202 1.19 

PM FF 0.012 122 <0.1 

a. The baseline for determining emissions reductions is the highest annual emission during 

2003 for each pollutant. NOx = 10,349 tons; SO2 = 14,902, PM = 417 

b. Improvement is based on 22nd highest day impact in the Mt. Hood Wilderness area over 

the period of 2003 to 2005. Mt. Hood Wilderness is the highest impacted Class I area. 

Provided below is a summary of the costs associated with each control technology considering 

the remaining useful life of the plant/technologies. 

Cost effectiveness: 

Visibility 

Impairing 

Pollutant 

Control 

technology 

Capital Cost 

(1,000$)

Total 

Annualized 

Cost (1,000$)

Cost 

effectiveness 

($/ton) 

Incremental 

cost 

effectiveness 

($/ton) 

NOx LNB 35,683 6,007 1,263 --- 

SNCR 

w/LNB 

50,366 10,406 1,816 4,521 

SCR w/LNB 227,375 72,091 8,337 21,139 

SO2 RSCR 0 0 0 --- 

RSCR/DSI 22,932 17,541 a --- 

DSI -1 22,932 17,541 3,370 --- 

DSI -2 22,932 17,541 2,295 b 

SDFGD 352,915 78,259 5,535 7,186 

WFGD 417,837 101,336 7,631 28,327 

PM FF 100,442 22,842 186,102 --- 

a. This value is not calculated because RSCR/DSI is a fallback limit in case the DSI-1 limit 

cannot be met due to negative impacts on mercury and fine particulate matter controls. 

b. This value is not calculated because DSI-2 is required in 2018, which is after the BART 

compliance period (e.g., 5 years after SIP approval). 
7. DEQ 2010 BART Report addendum 

Appendix D: Supplemental BART Information Page D-169 

SELECTION OF BART: 

If adopted as proposed, the BART/Regional Haze rules would require closure of the coal-fired 

power plant by December 31, 2010, consistent with PGE’s request. Taking into consideration 

the remaining useful life of the control technologies associated with plant closure, DEQ has 

determined that the following control technologies satisfy the BART requirements for the 

reasons provided. 

Nitrogen Oxides (NOx):

Low NOx burners with over-fire air (LNB) technology is considered BART because the 

technology is cost effective and provides significant visibility improvement (>1 dV in Mt. Hood 

wilderness area). In addition, LNB can be installed as soon as 2011, providing 9.5 years of 

emission reductions. It is expected that LNB can achieve the presumptive BART limit of 0.23 

lb/MMBtu heat input, as provided in the BART Guidelines. However, in the event that the limit 

cannot be achieved with LNB alone, the rules include a contingency to comply with the limit by 

7/1/13 instead of 7/1/11 to allow time for PGE to install a selective non-catalytic system to 

reduce the emissions to the presumptive BART limit. 

Selective non-catalytic reduction (SNCR) was considered for BART, but rejected because the 

technology provides only an additional 0.18 dV improvement in the Mt. Hood wilderness area 

(less improvement in all other wilderness areas) as compared to LNB. In addition, there is 

concern that excess ammonia emissions could produce fine particulate matter emissions that 

may have an adverse impact on the fine particulate (PM2.5) ambient air quality. A less effective 

SNCR system may be installed to meet the presumptive BART limit as discussed above. If 

SNCR were added to meet the limit, it is expected that only a small amount of urea would be 

necessary to bring the emissions down to the presumptive BART limit without causing 

excessive ammonia slip. 

Selective Catalytic Reduction (SCR) is not required because under the current rules adopted in 

2009, the technology is not required to be installed until July 1, 2017, and the technology would 

not be cost effective for 3.5 years of operation. 

Sulfur dioxide (SO2):

Reduced sulfur coal restriction (RSCR) is not considered BART because it would only provide 

0.43 dV visibility improvement in the Mt. Hood wilderness area. As compared to what can be 

achieved with the dry sorbent injection system, this level of improvement is not considered 

significant enough to satisfy the BART requirements. PGE did not provide a cost estimate for 

RSCR. 

Dry sorbent injection is considered to meet the BART requirements because it is cost effective 

and will provide significant visibility improvement (>0.5 dV) in at least the Mt. Hood 

wilderness area. Based on installations on smaller boilers, DSI can achieve emission reductions 

of 30 to 70%. Considering the size of the Boardman unit (duct geometry and exhaust gas flow), 
7. DEQ 2010 BART Report addendum 

Appendix D: Supplemental BART Information Page D-170 

a DSI system may perform in the lower range of the control effectiveness, but the effectiveness 

could be improved with additional operating experience. Therefore, DEQ proposes a limit of 

0.40 lb/MMBtu (35% emission reduction) in 2014 to satisfy the BART requirements. The limit 

is lowered to 0.30 lb/MMBtu (51% emission reduction) in 2018. The limit in 2018 could be 

met by further refinements to the DSI system or in combination with ultra-low sulfur coal or 

supplemental fuels, such as biomass. 

PGE has raised concerns that DSI could negatively impact the mercury controls scheduled to be 

installed in 2011 as required by other DEQ rules. In addition, PGE is concerned that DSI will 

generate fine particulate matter that would result in a requirement to install a fabric filter. The 

limits proposed by DEQ are intended to be met with the existing electrostatic precipitator (ESP) 

PM control equipment. The addition of a fabric filter would be cost prohibitive considering 

closure of the plant by December 31, 2020, as shown above. In order to address PGE’s 

concerns, the proposed rules include provisions for conducting pilot studies prior to the 

compliance dates in 2014 and 2018. The studies will evaluate commercially available sorbents, 

injection zones, and ESP collection efficiency. If it is determined that the DSI system would 

negatively impact the mercury controls or require a fabric filter, PGE may propose an 

alternative limit that will be established in the permit. The alternative limit must be the lowest 

achievable emissions limit without negatively impacting the mercury controls or requiring a 

fabric filter, but may not exceed 0.55 lb/MMBtu in order to achieve at least 0.5 dV 

improvement in the Mt. Hood wilderness area. For purposes of BART, 0.5 dV is considered by 

the DEQ as significant and less than 0.5 is not considered significant. [See the first paragraph 

of step 5 of the BART Guidelines.] 

Semi-dry flue gas desulfurization (SDFGD) and wet flue gas desulfurization (WFGD) are not 

considered to meet the BART requirements because they are not cost effective considering 

closure of the plant in 2020. The average cost effectiveness of WFGD is $7,670/ton. The 

average cost effectiveness of SDFGD is $5,535/ton, but the incremental cost is $7,169/ton. 

Particulate Matter: 

The current electrostatic precipitator (ESP) is considered BART for particulate matter. A 

fabric filter is not cost effective and reductions in PM emission do not provide a noticeable 

improvement in visibility. 
7. DEQ 2010 BART Report addendum 

Appendix D: Supplemental BART Information Page D-171 

REGIONAL HAZE/BART SUMMARY: 

BART control 

technology 

Compliance 

Date 

Emission 

Reduction (NOx

and SO2 tons/yr) 

Mt. Hood 

Visibility 

Impacts 

Visibility 

Improvement 

Baseline ---- --- 4.98 --- 

LNB 7/1/11 4,756 3.54 1.44 

DSI-1 7/1/14 9,944 2.57 2.41 

DSI-2 7/1/18 12,373 2.23 2.75 

Plant Closure 12/31/20 25,250 0 4.98 

Visibility Improvement for all Class I areas: 

Class I area 

22nd High dV Visibility Improvement by compliance 

date 

7/1/11 7/1/14 7/1/18 12/31/20 

Alpine Lakes 0.67 1.17 1.30 2.24 

Diamond Peak 0.27 0.56 0.60 1.03 

Eagle Cap 0.61 1.13 1.80 2.23 

Glacier Peak 0.39 0.74 0.82 1.40 

Goat Rocks 0.72 1.26 1.39 2.42 

Hells Canyon 0.52 1.02 1.12 1.95 

Mt. Adams 0.79 1.38 1.51 2.69 

Mt. Hood 1.45 2.41 2.75 4.98 

Mt. Jefferson 0.76 1.59 1.76 3.12 

Mt. Ranier 0.54 1.05 1.14 2.02 

Mt. Washington 0.62 1.23 1.36 2.33 

North Cascades 0.31 0.57 0.63 1.06 

Strawberry Mountain 0.44 0.90 1.03 1.72 

Three Sisters 0.67 1.17 1.29 2.29 

Total 8.75 16.17 18.51 31.46 

Maximum 1.45 2.41 2.75 4.98 

Average 0.62 1.16 1.32 2.25 

Columbia River Gorge 0.92 1.83 1.95 3.71 
7. DEQ 2010 BART Report addendum 

Appendix D: Supplemental BART Information Page D-172 

SUPPLEMENTAL INFORMATION: 

Provided below is a table showing the visibility improvement in all Class I areas due to low 

NOx burners with and without selective non-catalytic reduction. As shown, SNCR does not 

provide significant visibility improvement. The maximum improvement is 0.18 dV in the Mt. 

Hood wilderness area. 

LNB/SNCR visibility improvement: 

Class I area 

22nd High dV 

SNCR 

Improvement 

LNB 

(0.23 lb/MMBtu)) 

SNCR 

(0.19 lb/MMtu)) 

Alpine Lakes 1.564 1.484 0.080 

Diamond Peak 0.757 0.730 0.027 

Eagle Cap 1.611 1.528 0.083 

Glacier Peak 1.008 0.959 0.049 

Goat Rocks 1.702 1.611 0.091 

Hells Canyon 1.435 1.367 0.068 

Mt. Adams 1.899 1.772 0.127 

Mt. Hood 3.537 3.356 0.181 

Mt. Jefferson 2.355 2.251 0.104 

Mt. Ranier 1.478 1.416 0.062 

Mt. Washington 1.711 1.635 0.076 

North Cascades 0.747 0.710 0.037 

Strawberry Mountain 1.281 1.204 0.077 

Three Sisters 1.622 1.563 0.059 

Columbia River Gorge 2.787 2.641 0.146 

Maximum 3.537 3.356 0.181 

msf.12/1/10 
7. DEQ 2010 BART Report addendum 

Appendix D: Supplemental BART Information Page D-173 
7. DEQ 2010 BART Report addendum 

Appendix D: Supplemental BART Information Page D-174 
7. DEQ 2010 BART Report addendum 

Appendix D: Supplemental BART Information Page D-175 
7. DEQ 2010 BART Report addendum 

Appendix D: Supplemental BART Information Page D-176 
7. DEQ 2010 BART Report addendum 

Appendix D: Supplemental BART Information Page D-177 
7. DEQ 2010 BART Report addendum 

Appendix D: Supplemental BART Information Page D-178 
7. DEQ 2010 BART Report addendum 

Appendix D: Supplemental BART Information Page D-179 
7. DEQ 2010 BART Report addendum 

Appendix D: Supplemental BART Information Page D-180 
7. DEQ 2010 BART Report addendum 

Appendix D: Supplemental BART Information Page D-181 
7. DEQ 2010 BART Report addendum 

Appendix D: Supplemental BART Information Page D-182 
7. DEQ 2010 BART Report addendum 

Appendix D: Supplemental BART Information Page D-183 
7. DEQ 2010 BART Report addendum 

Appendix D: Supplemental BART Information Page D-184 
State Implementation Plan Revision 

Adoption of Regional Haze Strategies in Oregon 

Appendix E 

Oregon BART Rules

Appendix to Oregon Section 308 

 Regional Haze Plan 
Appendix E: Oregon BART Rules Page E-1 

Appendix E 

BART Administrative Rules 

DEPARTMENT OF ENVIRONMENTAL QUALITY 

DIVISION 223 

REGIONAL HAZE RULES 

340-223-0010 

Purpose 

OAR 340-223-0020 through 340-223-0080 establish requirements for certain sources emitting 

air pollutants that reduce visibility and contribute to regional haze in Class I areas, for the 

purpose of implementing Best Available Retrofit Technology (BART) requirements and other 

requirements associated with the federal Regional Haze Rules in 40 CFR § 51.308, as in effect 

on December 9, 2010. 

NOTE: This rule is included in the State of Oregon Clean Air Act Implementation Plan as 

adopted by the Environmental Quality Commission under OAR 340-200-0040. 

Stat. Auth.: ORS 468 & 468A 

Stats. Implemented: ORS 468A.025 

Hist.: DEQ 3-2009, f. & cert. ef. 6-30-09 

340-223-0020 

Definitions 

The definitions in OAR 340-200-0020 and this rule apply to this division. If the same term is 

defined in this rule and OAR 340-200-0020, the definition in this rule applies to this division. 

(1) “BART-eligible source” means any source determined by the Department to meet the criteria 

for a BART-eligible source established in Appendix Y to 40 CFR Part 51, “Guidelines for BART 

Determinations Under the Regional Haze Rule”, and in accordance with the federal Regional 

Haze Rules under 40 CFR § 51.308(e), as in effect on December 9, 2010. 

(2) “Best Available Retrofit Technology (BART)” means an emission limitation based on the 

degree of reduction achievable through the application of the best system of continuous emission 

reduction for each pollutant that is emitted by an existing stationary facility. The emission 

limitation must be established, on a case-by-case basis, taking into consideration the technology 

available, the costs of compliance, the energy and nonair quality environmental impacts of 

compliance, any pollution control equipment in use or in existence at the source or unit, the 

remaining useful life of the source or unit, and the degree of improvement in visibility which 

may reasonably be anticipated to result from the use of such technology. 

(3) “Deciview” means a measurement of visibility impairment. A deciview is a haze index 

derived from calculated light extinction, such that uniform changes in haziness correspond to 

uniform incremental changes in perception across the entire range of conditions, from pristine to 

highly impaired. The deciview haze index is calculated based on the following equation (for the 

purposes of calculating deciview, the atmospheric light extinction coefficient must be calculated 

from aerosol measurements): 
Appendix E: Oregon BART Rules Page E-2 

Deciview haze index=10ln(bext/10 Mm-1) 

Where bext= the atmospheric light extinction coefficient, expressed in inverse megameters (Mm1). 

(4) “Dry sorbent injection pollution control system” means a pollution control system that 

reduces sulfur dioxide emissions by combining a dry alkaline reagent directly with the boiler 

exhaust gas stream to enable the reagent to adsorb sulfur dioxide and be collected by the existing 

electrostatic precipitator. 

(5) “Subject to BART” means a BART-eligible source that based on air quality dispersion 

modeling causes visibility impairment equal to or greater than 0.5 deciview in any Class I area, 

at the 98th percentile for both a three-year period and one-year period. 

(6) “Ultra-low sulfur coal” means coal that contains no more than 0.25 lb sulfur/mmBtu heat 

input on average. 

NOTE: This rule is included in the State of Oregon Clean Air Act Implementation Plan as 

adopted by the Environmental Quality Commission under OAR 340-200-0040. 

Stat. Auth.: ORS 468 & 468A 

Stats. Implemented: ORS 468A.025 

Hist.: DEQ 3-2009, f. & cert. ef. 6-30-09 

340-223-0030 

BART and Additional Regional Haze Requirements for the Foster-Wheeler Boiler at the 

Boardman Coal-Fired Power Plant (Federal Acid Rain Program Facility ORISPL Code 

6106) 

(1) Emissions limits: 

(a) Between July 1, 2011 and December 31, 2020, nitrogen oxide emissions must not exceed 

0.23 lb/mmBtu heat input as a 30-day rolling average, provided that: 

(A) If the source submitted a complete application for construction and/or operation of pollution 

control equipment to satisfy the emissions limit in subsection (1)(a) at least eight months prior to 

the compliance date of July 1, 2011, and the Department has not approved or denied the 

application by the compliance date, the compliance date is extended until the Department 

approves or disapproves the application, but may not be extended to a date more than five years 

from the date that the United States Environmental Protection Agency approves a revision to the 

State of Oregon Clean Air Act Implementation Plan that incorporates OAR 340-223-0030; and 

(B) If it is demonstrated by December 31, 2011 that the emissions limit in subsection (1)(a) 

cannot be achieved with combustion controls, the Department by order may grant an extension 

of compliance to July 1, 2013. 

(b) Except as provided in section (3) below: 

(A) Between July 1, 2014 and June 30, 2018, sulfur dioxide emissions must not exceed 0.40 

lb/mmBtu heat input as a 30-day rolling average; and 

(B) Between July 1, 2018 and December 31, 2020, sulfur dioxide emissions must not exceed 

0.30 lb/mmBtu heat input as a 30-day rolling average. 

(c) Between July 1, 2014 and December 31, 2020, particulate matter emissions must not exceed 

0.040 lb/mmBtu heat input as determined by compliance source testing. 

(d) During periods of startup and shutdown, the following emissions limits apply instead of the 

limits in subsections (a) through (c): 

(A) Sulfur dioxide emissions must not exceed 1.20 lb/mmBtu, as a 3-hour rolling average; 

(B) Nitrogen oxide emissions must not exceed 0.70 lb/mmBtu, as a 3-hour rolling average; and 
Appendix E: Oregon BART Rules Page E-3 

(C) Particulate matter emissions must be minimized to extent practicable pursuant to approved 

startup and shutdown procedures in accordance with OAR 340-214-0310. 

(e) The Foster-Wheeler boiler at the source must permanently cease burning coal by no later than 

December 31, 2020. Notwithstanding the definition of netting basis in OAR 340-200-0020, and 

the process for reducing plant site emission limits in OAR 340-222-0043, the netting basis and 

PSELs for the boiler are reduced to zero upon the date on which the boiler permanently ceases 

burning coal, and prior to that date the netting basis and PSELs for the boiler apply only to 

physical changes or changes in the method of operation of the source for the purpose of 

complying with emission limits applicable to the boiler. 

(2) Studies to evaluate compliance with the sulfur dioxide emissions limits in paragraphs 

(1)(b)(A)-(B), and the potential side effects of compliance with those limits, if required by 

section (3), must be completed as follows: 

(a) A plan to evaluate the sulfur dioxide emissions limit in paragraph (1)(b)(A) must be 

submitted for Department approval by July 1, 2011, and the results of the evaluation must be 

submitted to the Department by July 1, 2013; 

(b) A plan to evaluate the sulfur dioxide emissions limit in paragraph (1)(b)(B) must be 

submitted for Department approval by July 1, 2015, and the results of the evaluation must be 

submitted to the Department by July 1, 2017; and 

(c) Each study pursuant to this section (2) must: 

(A) Evaluate whether a dry sorbent injection pollution control system is technically infeasible, 

will prevent compliance with mercury emissions limits under OAR 340-228-0606, or cause a 

significant air quality impact (as that term is defined in OAR 340-200-0020) for PM10 or PM2.5; 

(B) Evaluate a range of commercially available sorbent materials that could be used in a dry 

sorbent injection pollution control system to reduce sulfur dioxide emissions; 

(C) Evaluate the potential for significant air quality impacts for PM10 or PM2.5 as follows: 

(i) Perform modeling consistent with the requirements of OAR 340-225-0050(1) with screening 

meteorological data containing conservative meteorological assumptions; or 

(ii) If modeling with screening meteorological data pursuant to subparagraph (i) demonstrates 

that significant air quality impacts for PM10 or PM2.5 will occur, perform modeling with site 

specific meteorological data obtained from the installation of a meteorological monitoring 

station, including one year of monitoring data for each study. The meteorological monitoring 

station must be installed, certified, operated and maintained, and the output of the meteorological 

monitoring station must be recorded, in accordance with a plan approved by the Department; 

(D) Evaluate the use of other sulfur dioxide pollution control systems of equal or lower cost as a 

dry sorbent injection pollution control system, including but not limited to the use of ultra-low 

sulfur coal, if the study demonstrates that the use of a dry sorbent injection pollution control 

system is technically infeasible, will prevent compliance with mercury emissions limits under 

OAR 340-228-0606, or will cause a significant air quality impact (as that term is defined in OAR 

340-200-0020) for PM10 or PM2.5; and 

(E) If applicable, propose an emissions limit for sulfur dioxide based on a 30-day rolling average 

that exceeds the limits listed in paragraphs (1)(b)(A)-(B), based upon the reduction of sulfur 

dioxide emissions to the maximum extent feasible through the use of a dry sorbent injection 

pollution control system or another sulfur dioxide pollution control system of equal or lower 

cost, including but not limited to the use of ultra-low sulfur coal, provided that the emissions 

limit may not exceed 0.55 lb/mmBtu heat input as a 30-day rolling average. 
Appendix E: Oregon BART Rules Page E-4 

(3) Between July 1, 2014 and December 31, 2020, sulfur dioxide emissions may exceed the limit 

listed in paragraph (1)(b)(A) or (B), or both, if: 

(a) Studies have been submitted pursuant to section (2); 

(b) Compliance with the applicable emissions limit or limits would: 

(A) Be technically infeasible; 

(B) Prevent compliance with mercury emissions limits under OAR 340-228-0606; or 

(C) Cause a significant air quality impact, as that term is defined in OAR 340-200-0020, for 

PM10 or PM2.5; 

(c) Sulfur dioxide emissions are otherwise reduced to the maximum extent feasible as described 

in subsection (2)(c); and 

(d) The source’s Oregon Title V Operating Permit is modified to include a federally enforceable 

permit limit reflecting the requirements of subsection (2)(c), prior to the compliance date for the 

sulfur dioxide emissions limit in paragraph (1)(b)(A) or (B) that will be exceeded; provided that 

if the source’s Oregon Title V Operating Permit has not been modified prior to the applicable 

compliance date, sulfur dioxide emissions may exceed the emissions limit in paragraph (1)(b)(A) 

or (B) if the source submitted a complete application to modify its Oregon Title V Operating 

Permit at least eight months prior to the applicable compliance date and sulfur dioxide emissions 

do not exceed the emissions limit proposed in its application (which may not exceed 0.55 

lb/mmBtu heat input as a 30-day rolling average). 

(4) Compliance demonstration. Using the procedures specified in section (5) of this rule: 

(a) Compliance with a 30-day rolling average limit must be demonstrated within 180 days of the 

compliance date specified in section (1) of this rule; and 

(b) Compliance with any 30-day rolling average limit for sulfur dioxide that may be established 

pursuant to subsection (3)(c) must be demonstrated within 180 days of the compliance date for 

the limit in paragraph (1)(b)(A) or (B) that is superseded by the emissions limit established 

pursuant to subsection (3)(c). 

(5) Compliance Monitoring and Testing. 

(a) Compliance with the emissions limits in subsections (1)(a), (b) and (d)(A)-(B), and with any 

emissions limit for sulfur dioxide that may be established pursuant to subsection (3)(c), must be 

determined with a continuous emissions monitoring system (CEMS) installed, operated, 

calibrated, and maintained in accordance with the acid rain monitoring requirements in 40 CFR 

Part 75 as in effect on December 9, 2010. 

(A) The hourly emissions rate in terms of lb/mmBtu heat input must be recorded each operating 

hour, including periods of startup and shutdown. 

(B) The daily average emissions rate must be determined for each boiler operating day using the 

hourly emissions rates recorded in (A), excluding periods of startup and shutdown. 

(C) 30-day rolling averages must be determined using all daily average emissions rates recorded 

in (B) whether or not the days are consecutive. 

(D) The daily average emission rate is calculated for any calendar day in which the boiler 

combusts any fuel. An operating hour means a clock hour during which the boiler combusts any 

fuel, either for part of the hour or for the entire hour. 

(b) Compliance with the particulate matter emissions limit in subsection (1)(c) must be 

determined by EPA Methods 5 and 19 as in effect on December 9, 2010. 

(A) An initial particulate matter source test must be conducted by January 1, 2015. 

(B) Subsequent tests must be conducted in accordance with a schedule specified in the source’s 

Oregon Title V Operating Permit, but not less than once every 5 years. 
Appendix E: Oregon BART Rules Page E-5 

(C) All testing must be performed in accordance with the Department’s Source Sampling Manual 

as in effect on December 9, 2010. 

(6) Notifications and Reports. 

(a) The Department must be notified in writing within 7 days after any control equipment 

(including combustion controls) used to comply with emissions limits in section (1), and with 

any emissions limit for sulfur dioxide that may be established pursuant to subsection (3)(c), 

begins operation. 

(b) For nitrogen oxide and sulfur dioxide emissions limits in section (1) based on a 30-day 

rolling average, a compliance status report, including CEMS data, must be submitted within 180 

days of the compliance dates specified in section (1). 

(c) For any sulfur dioxide emissions limit that may be established pursuant to subsection (3)(c), a 

compliance status report, including CEMS data, must be submitted within 180 days of the 

compliance date for the limit in paragraph (1)(b)(A) or (B) that is superseded by the emissions 

limit established pursuant to subsection (3)(c). 

(d) For particulate matter, a compliance status report, including a source test report, must be 

submitted within 60 days of completing the initial compliance test and all subsequent tests as 

specified in subsection (5)(b). 

(e) The Department must be notified in writing within 7 days of the date upon which the boiler 

permanently ceases burning coal. 

(7) The following provisions of this rule constitute BART requirements for the Foster-Wheeler 

Boiler: subsection (1)(a), paragraph (1)(b)(A), subsections (1)(c)-(e), (2)(a) and (2)(c), and 

sections (3)-(6). 

(8) The following provisions of this rule constitute additional requirements pursuant to the 

federal Regional Haze Rules under 40 CFR § 51.308(e) for the Foster-Wheeler Boiler: paragraph 

(1)(b)(B), subsections (2)(b) and (2)(c), and sections (3)-(6). 

NOTE: This rule is included in the State of Oregon Clean Air Act Implementation Plan as 

adopted by the Environmental Quality Commission under OAR 340-200-0040. 

Stat. Auth.: ORS 468 & 468A 

Stats. Implemented: ORS 468A.025 

Hist.: DEQ 3-2009, f. & cert. ef. 6-30-09 

340-223-0040 

Federally Enforceable Permit Limits 

(1) A BART-eligible source that would be subject to BART may accept a federally enforceable 

permit limit or limits that reduces the source’s emissions and prevents the source from being 

subject to BART. 

(2) Any BART-eligible source that accepts a federally enforceable permit limit or limits as 

described in section (1) to prevent the source from being subject to BART, and that subsequently 

proposes to terminate its federally enforceable permit limit or limits, and that as a result will 

increase its emissions and become subject to BART, must submit a BART analysis to the 

Department and install BART as determined by the Department prior to terminating the federally 

enforceable permit limit or limits. 

(3) The Foster-Wheeler boiler at The Amalgamated Sugar Company plant in Nyssa, Oregon 

(Title V permit number 23-0002) is a BART-eligible source, and air quality dispersion modeling 

demonstrates that it would be subject to BART while operating. However, it is not operating as 
Appendix E: Oregon BART Rules Page E-6 

of December 9, 2010, and therefore is not subject to BART. Prior to resuming operation, the 

owner or operator of the source must either: 

(a) Submit a BART analysis and install BART as determined by the Department by no later than 

five years from the date that the United States Environmental Protection Agency approves a 

revision to the State of Oregon Clean Air Act Implementation Plan that incorporates OAR 

chapter 340, division 223, or before resuming operation, whichever is later; or 

(b) Obtain and comply with a federally enforceable permit limit or limits assuring that the 

source’s emissions will not cause the source to be subject to BART. 

NOTE: This rule is included in the State of Oregon Clean Air Act Implementation Plan as 

adopted by the Environmental Quality Commission under OAR 340-200-0040. 

Stat. Auth.: ORS 468 & 468A 

Stats. Implemented: ORS 468A.025 

Hist.: DEQ 3-2009, f. & cert. ef. 6-30-09 

340-223-0050 

Alternative Regional Haze Requirements for the Foster-Wheeler Boiler at the Boardman 

Coal-Fired Power Plant (Federal Acid Rain Program Facility ORISPL Code 6106) 

(1) The owner and operator of the Foster-Wheeler boiler at the Boardman coal-fired power plant 

may elect to comply with OAR 340-223-0060 and 340-223-0070, or with OAR 340-223-0080, in 

lieu of complying with OAR 340-223-0030, if the owner or operator provides written 

notification to the Director by no later than July 1, 2014. The written notification must identify 

which rule of the two alternatives the owner or operator has chosen to comply with. The owner 

or operator may not change its chosen method of compliance after July 1, 2014. 

(2) Compliance with OAR 340-223-0080 in lieu of complying with OAR 340-223-0030 is 

allowed only if the Foster-Wheeler boiler at the Boardman coal-fired power plant permanently 

ceases to burn coal within five years of the approval by the United States Environmental 

Protection Agency (EPA) of the revision to the State of Oregon Clean Air Act Implementation 

Plan that incorporates OAR chapter 340, division 223. If the boiler has not permanently ceased 

burning coal by that date, the owner and operator shall be liable for violating OAR 340-223-0030 

for each day beginning July 1, 2014 on which the owner or operator did not comply with OAR 

340-223-0030. This liability shall include, but is not limited to, civil penalties pursuant to OAR 

chapter 340, division 12, which includes penalties for the economic benefit of operating the 

facility without the required pollution controls. 

(3) If, by December 31, 2011, the EPA fails to approve a revision to the State of Oregon Clean 

Air Act Implementation Plan that incorporates OAR 340-223-0030 (concerning BART 

requirements based upon permanently ceasing the burning of coal in the Foster-Wheeler Boiler 

by December 31, 2020), or OAR 340-223-0060 and 340-223-0070, then the compliance date of 

July 1, 2014 in OAR 340-223-0060(2)(b) and (c) (sulfur dioxide and particulate matter emissions 

limits) is delayed until three years from the date of EPA approval. 

(4) Notwithstanding sections (1) and (3), if the EPA approves a revision to the State of Oregon 

Clean Air Act Implementation Plan that incorporates OAR 340-223-0030 (concerning BART 

requirements based upon permanently ceasing the burning of coal in the Foster-Wheeler Boiler 

by December 31, 2020), then OAR 340-223-0060 and 340-223-0070 are repealed, compliance 

with OAR 340-223-0060 and 340-223-0070 in lieu of complying with OAR 340-223-0030 is no 

longer an alternative, and compliance with OAR 340-223-0030 or OAR 340-223-0080 is 

required. 
Appendix E: Oregon BART Rules Page E-7 

340-223-0060 

Alternative BART Requirements for the Foster-Wheeler Boiler at the Boardman CoalFired Power Plant (Federal Acid Rain Program Facility ORISPL Code 6106) Based Upon 

Operation Until 2040 or Beyond

(1) Subject to OAR 340-223-0050, the owner or operator of the Foster-Wheeler boiler at the 

Boardman coal-fired power plant may elect to comply with this rule and 340-223-0070 in lieu of 

compliance with OAR 340-223-0030. 

(2) Emissions limits: 

(a) On and after July 1, 2011, nitrogen oxide emissions must not exceed 0.28 lb/mmBtu heat 

input as a 30-day rolling average and 0.23 lb/mmBtu heat input as a 12-month rolling average. 

(A) If it is demonstrated by July 1, 2012 that the emissions limits in (a) cannot be achieved with 

combustion controls, the Department may grant an extension of compliance to July 1, 2014. 

(B) If an extension is granted, on and after July 1, 2014 the nitrogen oxide emissions must not 

exceed 0.19 lb/mm Btu heat input as a 30-day rolling average, and the emissions limits of 0.28 

lb/mmBtu heat input as a 30-day rolling average and 0.23 lb/mmBtu heat input as a 12-month 

rolling average no longer apply. 

(b) On and after July 1, 2014, sulfur dioxide emissions must not exceed 0.12 lb/mmBtu heat 

input as a 30-day rolling average. 

(c) On and after July 1, 2014, particulate matter emissions must not exceed 0.012 lb/mmBtu heat 

input as determined by compliance source testing. 

(d) During periods of startup and shutdown, the following emissions limits apply instead of the 

limits in subsections (2)(a) through (c): 

(A) Sulfur dioxide emissions must not exceed 1.20 lb/mmBtu, as a 3-hour rolling average; 

(B) Nitrogen oxide emissions must not exceed 0.70 lb/mmBtu, as a 3-hour rolling average; and 

(C) Particulate matter emissions must be minimized to extent practicable pursuant to approved 

startup and shutdown procedures in accordance with OAR 340-214-0310. 

(3) Compliance demonstration. Using the procedures specified in section (4) of this rule: 

(a) Compliance with a 30-day rolling average limit must be demonstrated within 180 days of the 

compliance date specified in section (2) of this rule. 

(b) Compliance with a 12-month rolling average must be demonstrated within 12 months of the 

compliance date specified in section (2) of this rule. 

(4) Compliance Monitoring and Testing. 

(a) Compliance with the emissions limits in (2)(a), (b) and (d)(A)-(B) must be determined with a 

continuous emissions monitoring system (CEMS) installed, operated, calibrated, and maintained 

in accordance with the acid rain monitoring requirements in 40 CFR Part 75 as in effect on 

December 9, 2010. 

(A) The hourly emissions rate in terms of lb/mmBtu heat input must be recorded each operating 

hour, including periods of startup and shutdown. 

(B) The daily average emissions rate must be determined for each boiler operating day using the 

hourly emissions rates recorded in (A), excluding periods of startup and shutdown. 

(C) 30-day rolling averages must be determined using all daily average emissions rates recorded 

in (B) whether or not the days are consecutive. 

(D) 12-month rolling averages must be determined using calendar month averages based on all 

daily averages during the calendar month. 
Appendix E: Oregon BART Rules Page E-8 

(b) Compliance with the particulate matter emissions limit in (2)(c) must be determined by EPA 

Methods 5 and 19 as in effect on December 9, 2010. 

(A) An initial test must be conducted by January 1, 2015. 

(B) Subsequent tests must be conducted in accordance with a schedule specified in the Oregon 

Title V Operating Permit, but not less than once every 5 years. 

(C) All testing must be performed in accordance with the Department’s Source Sampling Manual

as in effect on December 9, 2010. 

(7) Notifications and Reports. 

(a) The Department must be notified in writing within 7 days after any control equipment 

(including combustion controls) used to comply with emissions limits in section (2) begin 

operation. 

(b) For nitrogen oxide and sulfur dioxide limits based on a 30-day rolling average, a compliance 

status report, including CEMS data, must be submitted within 180 days of the compliance dates 

specified in section (2). 

(c) If applicable, a compliance status report for the 12-month rolling average nitrogen oxide limit 

in section (2)(a) must be submitted by August 1, 2012. 

(d) For particulate matter, a compliance status report, including a source test report, must be 

submitted within 60 days of completing the initial compliance test specified in section (4)(b). 

NOTE: This rule is included in the State of Oregon Clean Air Act Implementation Plan as 

adopted by the Environmental Quality Commission under OAR 340-200-0040. 

Stat. Auth.: ORS 468 & 468A 

Stats. Implemented: ORS 468A.025 

340-223-0070 

Additional NOx Requirements for the Foster-Wheeler Boiler at the Boardman Coal-Fired 

Power Plant (Federal Acid Rain Program Facility ORISPL Code 6106) Based Upon 

Operation Until 2040 or Beyond

(1) Subject to OAR 340-223-0050, the owner or operator of the Foster-Wheeler boiler at the 

Boardman coal-fired power plant may elect to comply with this rule and 340-223-0060 in lieu of 

compliance with OAR 340-223-0030. 

(2) On and after July 1, 2017, nitrogen oxide emissions must not exceed 0.070 lb/mmBtu heat 

input as a 30-day rolling average, excluding periods of startup and shutdown. 

(3) Compliance with the nitrogen oxide emissions limit in section (2) must be determined with a 

continuous emissions monitoring system in accordance with OAR 340-223-0060(3)-(4). 

(4) The Department must be notified in writing within 7 days after any control equipment used to 

comply with the emissions limit in section (2) begins operation. 

(5) A compliance status report, including CEMS data, must be submitted by January 1, 2018. 

NOTE: This rule is included in the State of Oregon Clean Air Act Implementation Plan as 

adopted by the Environmental Quality Commission under OAR 340-200-0040. 

Stat. Auth.: ORS 468 & 468A 

Stats. Implemented: ORS 468A.025 

340-223-0080 

Alternative Requirements for the Foster-Wheeler Boiler at the Boardman Coal-Fired 

Power Plant (Federal Acid Rain Program Facility ORISPL Code 6106) Based Upon 

Permanently Ceasing the Burning of Coal Within Five Years of EPA Approval of the 
Appendix E: Oregon BART Rules Page E-9 

Revision to the Oregon Clean Air Act State Implementation Plan Incorporating OAR 

Chapter 340, Division 223.

(1) Subject to OAR 340-223-0050, the owner or operator of the Foster-Wheeler boiler at the 

Boardman coal-fired power plant may elect to comply with this rule in lieu of compliance with 

OAR 340-223-0030 if the boiler permanently ceases to burn coal within five years of the 

approval by the United States Environmental Protection Agency (EPA) of the revision to the 

State of Oregon Clean Air Act Implementation Plan that incorporates OAR chapter 340, division 

223. 

(2) Emissions limits: 

(a) Beginning July 1, 2011, nitrogen oxide emissions must not exceed 0.23 lb/mmBtu heat input 

as a 30-day rolling average, provided that: 

 (A) If the source submitted a complete application for construction and/or operation of pollution 

control equipment to satisfy the emissions limit in subsection (2)(a) at least eight months prior to 

the compliance date of July 1, 2011, and the Department has not approved or denied the 

application by the compliance date, the compliance date is extended until the Department 

approves or disapproves the application, but may not be extended to a date more than five years 

from the date that the EPA approves a revision to the State of Oregon Clean Air Act 

Implementation Plan that incorporates OAR 340-223-0030; and 

(B) If it is demonstrated by December 31, 2011 that the emissions limit in subsection (2)(a) 

cannot be achieved with combustion controls, the Department by order may grant an extension 

of compliance to July 1, 2013. 

(b) During periods of startup and shutdown, the emissions limit in subsection (2)(a) does not 

apply, and nitrogen oxide emissions must not exceed 0.70 lb/mmBtu, as a 3-hour rolling 

average. 

(c) The Foster-Wheeler boiler at the source must permanently cease burning coal by no later than 

five years after the approval by the EPA of the revision to the State of Oregon Clean Air Act 

Implementation Plan that incorporates OAR chapter 340, division 223. Notwithstanding the 

definition of netting basis in OAR 340-200-0020, and the process for reducing plant site 

emission limits in OAR 340-222-0043, the netting basis and PSELs for the boiler are reduced to 

zero upon the date on which the boiler permanently ceases burning coal, and prior to that date the 

netting basis and PSELs for the boiler apply only to physical changes or changes in the method 

of operation of the source for the purpose of complying with emission limits applicable to the 

boiler. 

(3) Compliance demonstration. Using the procedures specified in section (4) of this rule, 

compliance with a 30-day rolling average limit must be demonstrated within 180 days of the 

compliance date specified in section (2) of this rule. 

(4) Compliance Monitoring and Testing. Compliance with the emissions limit in subsection 

(2)(a) must be determined with a continuous emissions monitoring system (CEMS) installed, 

operated, calibrated, and maintained in accordance with the acid rain monitoring requirements in 

40 CFR Part 75 as in effect on December 9, 2010. 

(a) The hourly emission rate in terms of lb/mmBtu heat input must be recorded each operating 

hour, including periods of startup and shutdown. 

(b) The daily average emission rate must be determined for each boiler operating day using the 

hourly emission rates recorded in (a), excluding periods of startup and shutdown. 

(c) 30-day rolling averages must be determined using all daily average emissions rates recorded 

in (b) whether or not the days are consecutive. 
Appendix E: Oregon BART Rules Page E-10 

(d) The daily average emission rate is calculated for any calendar day in which the boiler 

combusts any fuel. An operating hour means a clock hour during which the boiler combusts any 

fuel, either for part of the hour or for the entire hour. 

(5) Notifications and Reports 

(a) The Department must be notified in writing within 7 days after any control equipment 

(including combustion controls) used to comply with emissions limit in subsection (2)(a) begin 

operation. 

(b) A compliance status report, including CEMS data, must be submitted within 180 days of the 

compliance date specified in section (2). 

NOTE: This rule is included in the State of Oregon Clean Air Act Implementation Plan as 

adopted by the Environmental Quality Commission under OAR 340-200-0040. 

Stat. Auth.: ORS 468 & 468A 

Stats. Implemented: ORS 468A.025