justicedao/ipfs_state_laws huggingface dataset:
340-220-0130 Determining Emissions from Continuous Monitoring Systems (1) The owner or operator must use data collected under Oregon Title V Operating Permit conditions, applicable rules in OAR 340, or the DEQ Continuous Monitoring Manual. [NOTE: DEQ manuals are published with OAR 340-200-0035.] (2) If the owner or operator has continuous monitoring data from less than 90% of the plant operating time, the emissions during the period when the continuous monitoring system was not operating must be determined from the 90th percentile of the continuous monitoring data. Statutory/Other Authority: ORS 468.020, 468.065, 468A.070, 468A.310 & 468A.315 Statutes/Other Implemented: ORS 468 & 468A History: DEQ 13-2019, amend filed 05/16/2019, effective 05/16/2019 DEQ 7-2015, f. & cert. ef. 4-16-15 DEQ 6-2001, f. 6-18-01, cert. ef. 7-1-01 DEQ 14-1999, f. & cert. ef. 10-14-99, Renumbered from 340-028-2680 DEQ 22-1995, f. & cert. ef. 10-6-95 DEQ 13-1994, f. & cert. ef. 5-19-94 DEQ 20-1993(Temp), f. & cert. ef. 11-4-93 DEQ 13-1993, f. & cert. ef. 9-24-93
340-220-0140 Determining Emissions Using Material Balance The owner or operator may elect to use material balance to determine actual emissions: (1) If the amount of material added to a process, less the amount consumed and recovered in a process, can be documented using DEQ approved permit conditions and this division. (2) The owner or operator may only apply material balance calculations to VOC or sulfur dioxide emissions using OAR 340-220-0150 and 340-220-0160 respectively. Statutory/Other Authority: ORS 468.020, 468.065, 468A.070, 468A.310 & 468A.315 Statutes/Other Implemented: ORS 468 & 468A History: DEQ 7-2015, f. & cert. ef. 4-16-15 DEQ 6-2001, f. 6-18-01, cert. ef. 7-1-01 DEQ 14-1999, f. & cert. ef. 10-14-99, Renumbered from 340-028-2690 DEQ 13-1994, f. & cert. ef. 5-19-94 DEQ 20-1993(Temp), f. & cert. ef. 11-4-93
340-220-0150 Determining VOC Emissions Using Material Balance The owner or operator may determine the amount of VOC emissions for emissions of a regulated pollutant by using material balance. The owner or operator using material balance to calculate VOC emissions must determine the amount of VOC added to the process, the amount of VOC consumed in the process, and the amount of VOC recovered in the process, if any, by testing using 40 CFR part 60 Appendix A EPA Method 18, 24, 25, a material balance method, or an equivalent plant specific method specified in the Oregon Title V Operating Permit using the following equation: [NOTE: View a PDF of equations and EPA Methods by clicking on the "Tables" link below.] [ED. NOTE: To view attachments referenced in rule text, click here to view rule.] Statutory/Other Authority: ORS 468.020, 468.065, 468A.070, 468A.310 & 468A.315 Statutes/Other Implemented: ORS 468 & 468A History: DEQ 13-2019, amend filed 05/16/2019, effective 05/16/2019 DEQ 10-2018, minor correction filed 02/28/2018, effective 02/28/2018 DEQ 61-2017, minor correction filed 12/20/2017, effective 12/20/2017 DEQ 7-2015, f. & cert. ef. 4-16-15 DEQ 10-2008, f. & cert. ef. 8-25-08 Reverted to DEQ 6-2001, f. 6-18-01, cert. ef. 7-1-01 DEQ 6-2007(Temp), f. & cert. ef. 8-17-07 thru 2-12-08 DEQ 6-2001, f. 6-18-01, cert. ef. 7-1-01 DEQ 14-1999, f. & cert. ef. 10-14-99, Renumbered from 340-028-2700 DEQ 2-1996, f. & cert. ef. 1-29-96 DEQ 22-1995, f. & cert. ef. 10-6-95 DEQ 13-1994, f. & cert. ef. 5-19-94 DEQ 20-1993(Temp), f. & cert. ef. 11-4-93
340-220-0160 Determining Sulfur Dioxide Emissions Using Material Balance (1) The owner or operator may determine sulfur dioxide emissions for Oregon Title V Operating Permit program sources by measuring the sulfur content of fuels and assuming that all of the sulfur in the fuel is oxidized to sulfur dioxide. (2) The owner or operator must ensure that ASTM methods were used to measure the sulfur content in fuel for each quantity of fuel burned. (3) The owner or operator must determine sulfur dioxide emissions for each quantity of fuel burned, determining quantity by a method that is reliable for the source, by performing the following calculation: [Equation not included. See NOTE.] (4) For coal-fired steam generating units, owners or operators of major sources must use the following equation to account for sulfur retention: [NOTE: View a PDF of equation by clicking on "Tables" link below.] (5) Total sulfur dioxide emissions for the year must be the sum of each quantity burned, calculated using section (3) and reported in units of tons per year. [NOTE: View a PDF of equations referenced by clicking on "Tables" link below.] [NOTE: Referenced publications not linked to below are available from the agency.] [ED. NOTE: To view attachments referenced in rule text, click here to view rule.] Statutory/Other Authority: ORS 468.020, 468.065, 468A.070, 468A.310 & 468A.315 Statutes/Other Implemented: ORS 468 & 468A History: DEQ 13-2019, amend filed 05/16/2019, effective 05/16/2019 DEQ 62-2017, minor correction filed 12/20/2017, effective 12/20/2017 DEQ 7-2015, f. & cert. ef. 4-16-15 DEQ 6-2001, f. 6-18-01, cert. ef. 7-1-01 DEQ 14-1999, f. & cert. ef. 10-14-99, Renumbered from 340-028-2710 DEQ 10-1999, f. & cert. ef. 7-1-99 DEQ 2-1996, f. & cert. ef. 1-29-96 DEQ 13-1994, f. & cert. ef. 5-19-94 DEQ 20-1993(Temp), f. & cert. ef. 11-4-93
340-220-0180 Late and Underpayment of Fees (1) Notwithstanding any enforcement action, the owner or operator will be subject to a late payment fee of: (a) Two hundred dollars for payments received more than seven and less than 30 days late; and (b) Four hundred dollars for payments received on or after 30 days late. (2) Notwithstanding any enforcement action, DEQ may assess an additional fee of the greater of $400 or 20 percent of the amount underpaid for substantial underpayment. Statutory/Other Authority: ORS 468.020, 468.065, 468A.310 & 468A.315 Statutes/Other Implemented: ORS 468 & 468A History: DEQ 19-2022, amend filed 11/18/2022, effective 03/01/2023 DEQ 7-2015, f. & cert. ef. 4-16-15 DEQ 6-2001, f. 6-18-01, cert. ef. 7-1-01 DEQ 14-1999, f. & cert. ef. 10-14-99, Renumbered from 340-028-2730 DEQ 13-1994, f. & cert. ef. 5-19-94 DEQ 20-1993(Temp), f. & cert. ef. 11-4-93
340-220-0190 Failure to Pay Fees Any owner or operator that fails to pay fees imposed by DEQ under this division must pay a penalty of 50 percent of the fee amount, plus interest on the fee amount computed using Section 6621(a)(2) of the Internal Revenue Code of 1986 (as amended). NOTE: This rule is included in the State of Oregon Clean Air Act Implementation Plan that EQC adopted under OAR 340-200-0040. Statutory/Other Authority: ORS 468.020, 468A.025, 468A.040 & 468A.310 Statutes/Other Implemented: ORS 468A History: DEQ 7-2015, f. & cert. ef. 4-16-15 DEQ 6-2001, f. 6-18-01, cert. ef. 7-1-01 DEQ 8-2000, f. & cert. ef. 6-6-00 DEQ 14-1999, f. & cert. ef. 10-14-99, Renumbered from 340-028-2740 DEQ 13-1994, f. & cert. ef. 5-19-94 DEQ 20-1993(Temp), f. & cert. ef. 11-4-93
340-222-0010 Policy The EQC recognizes the need to establish a more definitive method for regulating increases and decreases in air emissions of permit holders. However, except as needed to protect ambient air quality standards, PSD increments and visibility, the EQC does not intend to: limit the use of existing production capacity of any air quality permittee; cause any undue hardship or expense to any permittee who wishes to use existing unused productive capacity; or create inequity within any class of permittees subject to specific industrial standards that are based on emissions related to production. NOTE: This rule is included in the State of Oregon Clean Air Act Implementation Plan that EQC adopted under OAR 340-200-0040. Statutory/Other Authority: ORS 468.020, 468A.025, 468A.040 & 468A.310 Statutes/Other Implemented: ORS 468A History: DEQ 7-2015, f. & cert. ef. 4-16-15 DEQ 6-2001, f. 6-18-01, cert. ef. 7-1-01 DEQ 14-1999, f. & cert. ef. 10-14-99, Renumbered from 340-028-1000 DEQ 19-1993, f. & cert. ef. 11-4-93 DEQ 12-1993, f. & cert. ef. 9-24-93, Renumbered from 340-020-0300 DEQ 4-1993, f. & cert. ef. 3-10-93 DEQ 25-1981, f. & ef. 9-8-81
340-222-0020 Applicability and Jurisdiction (1) Plant Site Emission Limits (PSELs) will be included in all Air Contaminant Discharge Permits (ACDP) and Oregon Title V Operating Permits, except as provided in section (3), as a means of managing airshed capacity by regulating increases and decreases in air emissions. Except as provided in OAR 340-222-0035(5) and 340-222-0060, all ACDP and Oregon Title V Operating Permit sources are subject to PSELs for all regulated pollutants listed in the definition of SER in 340-200-0020. DEQ will incorporate PSELs into permits when issuing a new permit or renewing or modifying an existing permit. (2) The emissions limits established by PSELs provide the basis for: (a) Assuring reasonable further progress toward attaining compliance with ambient air quality standards; (b) Assuring compliance with ambient air quality standards and PSD increments; (c) Administering offset and banking programs; and (d) Establishing the baseline for tracking the consumption of PSD increments. (3) PSELs are not required for: (a) Regulated pollutants that will be emitted at less than the de minimis emission level listed in OAR 340-200-0020 from the entire source; (b) Short Term Activity and Basic ACDPs; (c) Hazardous air pollutants as listed in OAR 340-244-0040 Table 1; high-risk pollutants listed in 40 CFR 63.74; accidental release substances listed in 40 CFR 68.130; toxic air contaminants listed in OAR chapter 340, division 246; or toxic air contaminants listed in OAR chapter 340, division 247; except that PSELs are required for pollutants identified in this subsection that are also listed in the definition of SER, 340-200-0020; or (d) General ACDPs or General Oregon Title V Operating Permits where federally enforceable limits on potential to emit, such as a physical or operational limit, are used rather than a PSEL. (4) Subject to the requirements in this division and OAR 340-200-0010(3), LRAPA is designated by the EQC to implement the rules in this division within its area of jurisdiction. [NOTE: This rule is included in the State of Oregon Clean Air Act Implementation Plan that EQC adopted under OAR 340-200-0040.] [ED. NOTE: Tables referenced are available from the agency.] Statutory/Other Authority: ORS 468.020, 468A.025, 468A.040 & 468A.310 Statutes/Other Implemented: ORS 468A History: DEQ 19-2022, amend filed 11/18/2022, effective 03/01/2023 DEQ 7-2015, f. & cert. ef. 4-16-15 DEQ 11-2008, f. & cert. ef. 8-29-08 DEQ 4-2008(Temp), f. 3-4-08, cert. ef. 3-6-08 thru 9-1-08 DEQ 6-2001, f. 6-18-01, cert. ef. 7-1-01 DEQ 14-1999, f. & cert. ef. 10-14-99, Renumbered from 340-028-1010 DEQ 14-1998, f. & cert. ef. 9-14-98 DEQ 22-1996, f. & cert. ef. 10-22-96 DEQ 22-1995, f. & cert. ef. 10-6-95 DEQ 19-1993, f. & cert. ef. 11-4-93 DEQ 12-1993, f. & cert. ef. 9-24-93, Renumbered from 340-020-0301 DEQ 4-1993, f. & cert. ef. 3-10-93 DEQ 25-1981, f. & cert. ef. 9-8-81
340-222-0030 Definitions The definitions in OAR 340-200-0020, 340-204-0010 and this rule apply to this division. If the same term is defined in this rule and 340-200-0020 or 340-204-0010, the definition in this rule applies to this division. NOTE: This rule is included in the State of Oregon Clean Air Act Implementation Plan that EQC adopted under OAR 340-200-0040. Statutory/Other Authority: ORS 468.020 & 468A Statutes/Other Implemented: ORS 468A History: DEQ 7-2015, f. & cert. ef. 4-16-15 DEQ 14-1999, f. & cert. ef. 10-14-99
340-222-0035 General Requirements for Establishing All PSELs (1) PSELs may not exceed limits established by any applicable federal or state regulation or by any specific permit conditions unless the source meets the specific provisions of OAR 340-226-0400 (Alternative Emission Controls). (2) DEQ may change PSELs at the time of a permit renewal, or if DEQ modifies a permit pursuant to OAR 340-216-0084, Department Initiated Modifications, or 340-218-0200, Reopenings, if: (a) DEQ determines errors were made in calculating the PSELs or more accurate and reliable data is available for calculating PSELs; or (b) More stringent control is required by a rule adopted by the EQC. (3) PSEL reductions required by rule, order or permit condition will be effective on the compliance date of the rule, order, or permit condition. (4) Annual PSELs apply on a rolling 12-consecutive month basis and limit the source's potential to emit. (5) PSELs do not include emissions from categorically insignificant activities. Emissions from categorically insignificant activities must be considered when determining Major NSR or Type A State NSR applicability under OAR chapter 340, division 224. (6) PSELs must include aggregate insignificant emissions, if applicable. Emissions from aggregate insignificant activities must be considered when determining Major NSR or State NSR applicability under OAR chapter 340, division 224. [NOTE: This rule was moved verbatim from OAR 340-222-0043 and 340-222-0070 and amended on 04-16-15. Previous rule history for OAR 340-222-0043: DEQ 6-2001, f. 6-18-01, cert. ef. 7-1-01. Previous rule history for OAR 340-222-0070: DEQ 12-1993, f. & cert. ef. 9-24-93; DEQ 19-1993, f. & cert. ef. 11-4-93; DEQ 2-1996, f. & cert. ef. 1-29-96; DEQ 14-1999, f. & cert. ef. 10-14-99, Renumbered from 340-028-1060; DEQ 6-2001, f. 6-18-01, cert. ef. 7-1-01] [NOTE: This rule is included in the State of Oregon Clean Air Act Implementation Plan that EQC adopted under OAR 340-200-0040.] Statutory/Other Authority: ORS 468.020, 468A.025, 468A.040 & 468A.310 Statutes/Other Implemented: ORS 468A History: DEQ 19-2022, amend filed 11/18/2022, effective 03/01/2023 Renumbered from 340-222-0043, DEQ 7-2015, f. & cert. ef. 4-16-15 DEQ 6-2001, f. 6-18-01, cert. ef. 7-1-01
340-222-0042 Short Term PSEL (1) For sources located in areas with an established short term SER that is measured over an averaging period less than a full year, PSELs are required on a short term basis for those regulated pollutants that have a short term SER. The short term averaging period is daily, unless emissions cannot be monitored on a daily basis. The averaging period for short term PSELs can never be greater than monthly. (a) For new and existing sources with potential to emit less than the short term SER, the short term PSEL will be set equal to the short term potential to emit. (b) For existing sources with potential to emit greater than or equal to the short term SER, a short term PSEL will be set equal to the source's short term potential to emit or to the current permit’s short term PSEL, whichever is less. (c) For new sources with potential to emit greater than or equal to the short term SER, the initial short term PSEL will be set at the level requested by the applicant provided the applicant meets the requirements of (2)(b). (2) If a permittee requests an increase in a short term PSEL that will exceed the short term netting basis by an amount equal to or greater than the short term SER, the permittee must satisfy the requirements of subsections (a) or (b). In order to satisfy the requirements of subsection (a) or (b), the short term PSEL increase must first be converted to an annual increase by multiplying the short term increase by 8,760 hours, 365 days, or 12 months, depending on the term of the short term PSEL. (a) Obtain offsets in accordance with the offset provisions for the designated area as specified in OAR 340-224-0510 through 340-224-0530, as applicable; or (b) Obtain an allocation from an available growth allowance in accordance with the applicable maintenance plan. (3) Once the short term PSEL is increased pursuant to section (2), the increased level becomes the basis for evaluating future increases in the short term PSEL. [NOTE: This rule is included in the State of Oregon Clean Air Act Implementation Plan that EQC adopted under OAR 340-200-0040.] Statutory/Other Authority: ORS 468.020, 468A.025, 468A.040 & 468A.310 Statutes/Other Implemented: ORS 468A History: DEQ 19-2022, amend filed 11/18/2022, effective 03/01/2023 DEQ 13-2019, amend filed 05/16/2019, effective 05/16/2019 DEQ 7-2015, f. & cert. ef. 4-16-15 DEQ 5-2011, f. 4-29-11, cert. ef. 5-1-11 DEQ 6-2001, f. 6-18-01, cert. ef. 7-1-01
340-222-0055 Unassigned Emissions (1) Purpose. The purpose of unassigned emissions is to track and manage the difference in the quantity of emissions between the netting basis and what the source could emit based on the facility's current physical and operational design. (2) Establishing unassigned emissions. (a) Unassigned emissions equal the netting basis minus the source's current PTE, minus any banked emission reduction credits. Unassigned emissions are zero if this result is negative. (b) Unused capacity created after the effective date of this rule due to reduced potential to emit that is not banked or expired emission reduction credits (OAR 340-268-0030), increase unassigned emissions on a ton for ton basis. (3) Maximum unassigned emissions. (a) Except as provided in paragraph (c), unassigned emissions will be reduced to not more than the SER (OAR 340-200-0020) on July 1, 2007 and at each permit renewal following that date. (b) The netting basis is reduced by the amount that unassigned emissions are reduced. (c) In an AQMA where the EPA requires an attainment demonstration based on dispersion modeling, unassigned emissions are not subject to reduction under this rule. (4) Using unassigned emissions. (a) An existing source may use unassigned emissions for internal netting to allow an emission increase in accordance with the permit. (b) A source may not bank unassigned emissions or transfer them to another source. (c) A source may not use emissions that are removed from the netting basis, including emission reductions required by rule, order or permit condition under OAR 340-222-0046(3)(a)(C), for netting in any future permit actions. (5) Upon renewal, modification or other reopening of a permit after July 1, 2002 the unassigned emissions will be established with an expiration date of July 1, 2007 for all unassigned emissions in excess of the SER. Each time the permit is renewed after July 1, 2007 the unassigned emissions will be established again and reduced upon the following permit renewal to no more than the SER for each regulated pollutant. NOTE: This rule is included in the State of Oregon Clean Air Act Implementation Plan that EQC adopted under OAR 340-200-0040. Statutory/Other Authority: ORS 468.020, 468A.025, 468A.040 & 468A.310 Statutes/Other Implemented: ORS 468A History: Renumbered from 340-222-0045, DEQ 7-2015, f. & cert. ef. 4-16-15 DEQ 5-2011, f. 4-29-11, cert. ef. 5-1-11 DEQ 6-2001, f. 6-18-01, cert. ef. 7-1-01
340-222-0060 Plant Site Emission Limits for Sources of Hazardous Air Pollutants (1) DEQ may establish PSELs for hazardous air pollutants (HAPs) if an owner or operator requests that DEQ create an enforceable PTE limit. (2) PSELs will be set only for individual or combined HAPs and will not list HAPs by name. The PSEL will be set on a rolling 12 month basis and will be set based on the potential to emit if more than the de minimis emission level and to also comply with OAR chapter 340, division 245. (3) The alternative emissions controls (bubble) provisions of OAR 340-226-0400 do not apply to emissions of HAPs. Statutory/Other Authority: ORS 468.020, 468A.025, 468A.040 & 468A.310 Statutes/Other Implemented: ORS 468A History: DEQ 19-2022, amend filed 11/18/2022, effective 03/01/2023 DEQ 7-2017, f. & cert. ef. 7-13-17 DEQ 7-2015, f. & cert. ef. 4-16-15 DEQ 6-2001, f. 6-18-01, cert. ef. 7-1-01 DEQ 14-1999, f. & cert. ef. 10-14-99, Renumbered from 340-028-1050 DEQ 19-1996, f. & cert. ef. 9-24-96 DEQ 22-1995, f. & cert. ef. 10-6-95 DEQ 12-1993, f. & cert. ef. 9-24-93
340-222-0080 Plant Site Emission Limit Compliance (1) The permittee must monitor regulated pollutant emissions or other parameters that are sufficient to produce the records necessary for demonstrating compliance with the PSEL. (2) The frequency of the monitoring and associated averaging periods must be as short as possible and consistent with that used in the compliance method. (3)(a) For annual PSELs, the permittee must monitor appropriate parameters and maintain all records necessary for demonstrating compliance with the annual PSEL at least monthly and be able to determine emissions on a rolling 12 consecutive month basis. (b) For short term PSELs, the permittee must monitor appropriate parameters and maintain all records necessary for demonstrating compliance with any short term PSEL at least as frequently as the short term PSEL averaging period. (4) The applicant must specify in the permit application the method that will be used to determine compliance with the PSEL. DEQ will review the method and approve or modify, as necessary, to assure compliance with the PSEL. DEQ will include PSEL compliance monitoring methods in all permits that contain PSELs. Depending on source operations, one or more of the following methods may be acceptable: (a) Continuous emissions monitors; (b) Material balance calculations; (c) Emissions calculations using approved emission factors and process information; (d) Alternative production or process limits; and (e) Other methods approved by DEQ. (5) When annual reports are required, the permittee must include the emissions total for each consecutive 12 month period during the calendar year, unless otherwise specified by a permit condition. (6) Regardless of the PSEL compliance requirements specified in a permit, actual emissions may be calculated in accordance with OAR 340-222-0051(4). NOTE: This rule is included in the State of Oregon Clean Air Act Implementation Plan that EQC adopted under OAR 340-200-0040. Statutory/Other Authority: ORS 468.020, 468A.025, 468A.040 & 468A.310 Statutes/Other Implemented: ORS 468A History: DEQ 7-2015, f. & cert. ef. 4-16-15 DEQ 6-2001, f. 6-18-01, cert. ef. 7-1-01
340-223-0010 Purpose OAR 340-223-0020 through 340-223-0130 establish the process and criteria for identifying reductions of pollutants from stationary sources that reduce visibility and contribute to regional haze in Class I areas, for the purpose of maintaining reasonable progress and other requirements associated with Oregon’s implementation of the federal regional haze rule in 40 CFR 51.308 (2017). [NOTE: This rule is included in the State of Oregon Clean Air Act Implementation Plan that EQC adopted under OAR 340-200-0040.] Statutory/Other Authority: ORS 468 & 468A Statutes/Other Implemented: ORS 468A.025 History: DEQ 14-2021, amend filed 07/26/2021, effective 07/26/2021 DEQ 14-2010, f. & cert. ef. 12-10-10 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 takes precedence. (1) "Emissions unit" means any part or activity of a source that emits or has the potential to emit more than 20 tons of any single or combination of round II regional haze pollutants. (2) “Round II regional haze pollutants” means the pollutants DEQ has identified in round II of regional haze that contribute to visibility impacts in Class I areas, which are sulfur dioxide, particulate matter of a nominal diameter of 10 microns or less, and nitrogen oxides. (3) “Round II of regional haze” means the combination of information collection, technical demonstrations, control strategies, commitments, rules, orders, and any other actions that make up DEQ’s development and implementation of the 2018 through 2028 long-term strategy for reducing haze in Oregon’s Class I areas that will be submitted or that have been submitted to EPA as part of the state implementation plan. [NOTE: This rule is included in the State of Oregon Clean Air Act Implementation Plan that EQC adopted under OAR 340-200-0040.] Statutory/Other Authority: ORS 468 & 468A Statutes/Other Implemented: ORS 468A.025 History: DEQ 14-2021, amend filed 07/26/2021, effective 07/26/2021 DEQ 13-2019, amend filed 05/16/2019, effective 05/16/2019 DEQ 14-2010, f. & cert. ef. 12-10-10 DEQ 3-2009, f. & cert. ef. 6-30-09