340-244-0030

Definitions

The definitions in OAR 340-200-0020, 340-218-0030 and this rule apply to this division. If the 

same term is defined in this rule and 340-200-0020 or 340-218-0030, the definition in this rule 

applies to this division. 

(1) "Affected source" is as defined in 40 CFR 63.2. 

(2) "Annual throughput" means the amount of gasoline transferred into a gasoline dispensing 

facility during 12 consecutive months. 

(3) "Area Source" means any stationary source which has the potential to emit hazardous air 

pollutants but is not a major source of hazardous air pollutants. 

(4) "CFR" means Code of Federal Regulations and, unless otherwise expressly identified, 

refers to the July 1, 2013 edition. 

(5) "Construct a major source" means to fabricate, erect, or install at any greenfield site a 

stationary source or group of stationary sources which is located within a contiguous area and 

under common control and which emits or has the potential to emit 10 tons per year of any 

HAPs or 25 tons per year of any combination of HAP, or to fabricate, erect, or install at any 

developed site a new process or production unit which in and of itself emits or has the potential 

to emit 10 tons per year of any HAP or 25 tons per year of any combination of HAP, unless the 

process or production unit satisfies criteria in paragraphs (a) through (f) of this definition: 

(a) All HAP emitted by the process or production unit that would otherwise be controlled under 

the requirements of 40 CFR Part 63, Subpart B will be controlled by emission control equipment 

which was previously installed at the same site as the process or production unit; 

(b) DEQ has determined within a period of 5 years prior to the fabrication, erection, or 

installation of the process or production unit that the existing emission control equipment 

represented the best available control technology (BACT), lowest achievable emission rate 

(LAER) under 40 CFR Part 51 or 52, toxics-best available control technology (T-BACT), or 

MACT based on State air toxic rules for the category of pollutants which includes those HAP to 

be emitted by the process or production unit; or DEQ determines that the control of HAP 

emissions provided by the existing equipment will be equivalent to that level of control currently 

achieved by other well-controlled similar sources (i.e., equivalent to the level of control that 

would be provided by a current BACT, LAER, T-BACT, or State air toxic rule MACT 

determination). 

(c) DEQ determines that the percent control efficiency for emission of HAP from all sources to 

be controlled by the existing control equipment will be equivalent to the percent control 

efficiency provided by the control equipment prior to the inclusion of the new process or 

production unit; 

(d) DEQ has provided notice and an opportunity for public comment concerning its 

determination that criteria in paragraphs (a), (b), and (c) of this definition apply and concerning 

the continued adequacy of any prior LAER, BACT, T-BACT, or State air toxic rule MACT 

determination; 

(e) If any commenter has asserted that a prior LAER, BACT, T-BACT, or State air toxic rule 

MACT determination is no longer adequate, DEQ has determined that the level of control 

required by that prior determination remains adequate; and 

(f) Any emission limitations, work practice requirements, or other terms and conditions upon 

which the above determinations by DEQ are predicated will be construed by DEQ as applicable 

requirements under section 504(a) and either have been incorporated into any existing Title V 

permit for the affected facility or will be incorporated into such permit upon issuance. 

(6) “Dual-point vapor balance system” means a type of vapor balance system in which the 

storage tank is equipped with an entry port for a gasoline fill pipe and a separate exit port for a 

vapor connection. 

(7) "Emissions Limitation" and "Emissions Standard" mean a requirement adopted by DEQ or 

Regional Agency, or proposed or promulgated by the Administrator of the EPA, which limits the 

quantity, rate, or concentration of emissions of air pollutants on a continuous basis, including 

any requirements which limit the level of opacity, prescribe equipment, set fuel specifications, or 

prescribe operation or maintenance procedures for a source to assure continuous emission 

reduction. 

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(8) "Equipment leaks" means leaks from pumps, compressors, pressure relief devices, 

sampling connection systems, open ended valves or lines, valves, connectors, agitators, 

accumulator vessels, and instrumentation systems in hazardous air pollutant service. 

(9) "Existing Source" means any source, the construction of which commenced prior to 

proposal of an applicable standard under sections 112 or 129 of the FCAA. 

(10) "Facility" means all or part of any public or private building, structure, installation, 

equipment, or vehicle or vessel, including but not limited to ships. 

(11) "Gasoline" means any petroleum distillate or petroleum distillate/alcohol blend having a 

Reid vapor pressure of 27.6 kilopascals (4.0 psi) or greater, which is used as a fuel for internal 

combustion engines. 

(12) "Gasoline cargo tank" means a delivery tank truck or railcar which is loading or unloading 

gasoline, or which has loaded or unloaded gasoline on the immediately previous load. 

(13) "Gasoline dispensing facility (GDF) " means any stationary facility which dispenses 

gasoline into the fuel tank of a motor vehicle, motor vehicle engine, nonroad vehicle, or nonroad 

engine, including a nonroad vehicle or nonroad engine used solely for competition. These 

facilities include, but are not limited to, facilities that dispense gasoline into on- and off-road, 

street, or highway motor vehicles, lawn equipment, boats, test engines, landscaping equipment, 

generators, pumps, and other gasoline fueled engines and equipment. In Clackamas, 

Multnomah and Washington Counties, the Medford-Ashland Air Quality Maintenance Area, and 

the Salem-Keizer Area Transportation Study area, “gasoline dispensing facility” includes any 

stationary facility which dispenses gasoline into the fuel tank of an airplane. 

(14) "Hazardous Air Pollutant" (HAP) means an air pollutant listed by the EPA pursuant to 

section 112(b) of the FCAA or determined by the Commission to cause, or reasonably be 

anticipated to cause, adverse effects to human health or the environment. 

(15) "Major Source" means any stationary source or group of stationary sources located within 

a contiguous area and under common control that emits or has the potential to emit considering 

controls, in the aggregate, 10 tons per year or more of any hazardous air pollutant or 25 tons 

per year or more of any combination of hazardous air pollutants. The EPA may establish a 

lesser quantity, or in the case of radionuclides different criteria, for a major source on the basis 

of the potency of the air pollutant, persistence, potential for bioaccumulation, other 

characteristics of the air pollutant, or other relevant factors. 

(16) "Maximum Achievable Control Technology (MACT)" means an emission standard 

applicable to major sources of hazardous air pollutants that requires the maximum degree of 

reduction in emissions deemed achievable for either new or existing sources. 

(17) "Monthly throughput" means the total volume of gasoline that is loaded into, or dispensed 

from, all gasoline storage tanks at each GDF during a month. Monthly throughput is calculated 

by summing the volume of gasoline loaded into, or dispensed from, all gasoline storage tanks at 

each GDF during the current day, plus the total volume of gasoline loaded into, or dispensed 

from, all gasoline storage tanks at each GDF during the previous 364 days, and then dividing 

that sum by 12. 

(18) "Motor vehicle" means any self-propelled vehicle designed for transporting persons or 

property on a street or highway. 

(19) "Nonroad engine" means an internal combustion engine (including the fuel system) that is 

not used in a motor vehicle or a vehicle used solely for competition, or that is not subject to 

standards promulgated under section 7411 of this title or section 7521 of this title. 

(20) "Nonroad vehicle" means a vehicle that is powered by a nonroad engine, and that is not a 

motor vehicle or a vehicle used solely for competition. 

(21) "New Source" means a stationary source, the construction of which is commenced after 

proposal of a federal MACT or January 3, 1993 of this Division, whichever is earlier. 

(22) "Potential to Emit" means the maximum capacity of a stationary source to emit any air 

pollutant under its physical and operational design. Any physical or operational limitation on the 

capacity of a source to emit an air pollutant, including air pollution control equipment and 

restrictions on hours of operation or on the type or amount of material combusted, stored, or 

processed, shall be treated as part of its design if the limitation is enforceable by the EPA. This 

section does not alter or affect the use of this section for any other purposes under the Act, or 

the term "capacity factor" as used in Title IV of the Act or the regulations promulgated 

thereunder. Secondary emissions shall not be considered in determining the potential to emit of 

a source. 

(23) "Reconstruct a Major Source" means the replacement of components at an existing 

process or production unit that in and of itself emits or has the potential to emit 10 tons per year 

http://arcweb.sos.state.or.us/pages/rules/oars_300/oar_340/340_244.html
of any HAP or 25 tons per year of any combination of HAP, whenever: the fixed capital cost of 

the new components exceeds 50 percent of the fixed capital cost that would be required to 

construct a comparable process or production unit; and; it is technically and economically 

feasible for the reconstructed major source to meet the applicable maximum achievable control 

technology emission limitation for new sources established under 40 CFR Part 63 Subpart B. 

(24) "Regulated Air Pollutant" as used in this Division means: 

(a) Any pollutant listed under OAR 340-244-0040; or 

(b) Any pollutant that is subject to a standard promulgated pursuant to Section 129 of the Act. 

(25) "Section 112(n)" means that subsection of the FCAA that includes requirements for the 

EPA to conduct studies on the hazards to public health prior to developing emissions standards 

for specified categories of hazardous air pollutant emission sources. 

(26) "Section 112(r)" means that subsection of the FCAA that includes requirements for the 

EPA promulgate regulations for the prevention, detection and correction of accidental releases. 

(27) "Solid Waste Incineration Unit" as used in this Division shall have the same meaning as 

given in Section 129(g) of the FCAA. 

(28) "Stationary Source", as used in OAR 340 division 244, means any building, structure, 

facility, or installation which emits or may emit any regulated air pollutant; 

(29) "Submerged filling" means the filling of a gasoline storage tank through a submerged fill 

pipe whose discharge is no more than the applicable distance specified in OAR 340-244-0240

(3) from the bottom of the tank. Bottom filling of gasoline storage tanks is included in this 

definition. 

(30) "Topping off" means, in the absence of equipment malfunction, continuing to fill a gasoline 

tank after the nozzle has clicked off. 

(31) "Vapor balance system" means a combination of pipes and hoses that create a closed 

system between the vapor spaces of an unloading gasoline cargo tank and a receiving storage 

tank such that vapors displaced from the storage tank are transferred to the gasoline cargo tank 

being unloaded. 

(32) "Vapor-tight" means equipment that allows no loss of vapors. Compliance with vapor-tight 

requirements can be determined by checking to ensure that the concentration at a potential 

leak source is not equal to or greater than 100 percent of the Lower Explosive Limit when 

measured with a combustible gas detector, calibrated with propane, at a distance of 1 inch from 

the source. 

(33) "Vapor-tight gasoline cargo tank" means a gasoline cargo tank which has demonstrated 

within the 12 preceding months that it meets the annual certification test requirements in 40 

CFR 63.11092(f). 

[Publications: Publications referenced are available from the agency.] 

Stat. Auth.: ORS 468.020 & 468A.025 

Stats. Implemented: ORS 468A.040 

Hist.: DEQ 13-1993, f. & cert. ef. 9-24-93; DEQ 18-1993, f. & cert. ef. 11-4-93; DEQ 24-1994, f. 

& cert. ef. 10-28-94; DEQ 22-1995, f. & cert. ef. 10-6-95; DEQ 26-1996, f. & cert. ef. 11-26-96; 

DEQ 20-1997, f. & cert. ef. 9-25-97; DEQ 18-1998, f. & cert. ef. 10-5-98; DEQ 14-1999, f. & 

cert. ef. 10-14-99, Renumbered from 340-032-0120; DEQ 2-2005, f. & cert. ef. 2-10-05; DEQ 

2-2006, f. & cert. ef. 3-14-06; DEQ 13-2006, f. & cert. ef. 12-22-06; DEQ 15-2008, f. & cert. ef 

12-31-08; DEQ 8-2009, f. & cert. ef. 12-16-09; DEQ 1-2011, f. & cert. ef. 2-24-11; DEQ 4-2013, 

f. & cert. ef. 3-27-13; DEQ 8-2015, f. & cert. ef. 4-17-15

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