Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 223 - REGIONAL HAZE RULES › Section 340-223-0110 - Options for Compliance with Round II of Regional Haze

Current through Register Vol. 63, No. 7, July 1, 2024
(1) All sources subject to the requirements
			 of round II of regional haze, as determined in OAR 340-223-0100(1), must submit
			 a four factor analysis as required under OAR 340-223-0120(1)  and install all
			 controls determined by DEQ to be cost effective for controlling round II
			 regional haze pollutants on the fastest timeline determined by DEQ to be
			 practicable and no later than July 31, 2026 based on the agency record at the
			 time of its decision and in an order issued under OAR 340-223-0130(1)  following
			 DEQ's adjustment and review of the four factor analysis.
(2) DEQ may, but is not required to, offer
			 alternative compliance with subsection (1) by entering into a stipulated
			 agreement and final order under which a source agrees to take one of the
			 actions identified in paragraphs (b)(A) through (E). A stipulated agreement and
			 final order shall identify the action that shall be taken by the source and the
			 timeline for the action, which shall be the fastest timeline determined by DEQ
			 to be practicable as well any monitoring, recordkeeping, reporting, or other
			 requirements that DEQ determines are necessary to ensure actions taken by the
			 source are enforceable.
(a) If DEQ chooses
			 not to enter into a stipulated agreement and final order under this subsection
			 (2), a source shall comply with subsection (1).
(b) DEQ may enter into a stipulated agreement
			 and final order in which a source agrees to:
(A) Accept federally enforceable reductions
			 of combined plant site emission limits of round II regional haze pollutants to
			 bring the source's Q/d below 5.00. Notwithstanding OAR 340-222-0040, a source
			 may take a PSEL reduction below the generic PSEL to achieve an overall PSEL of
			 round II regional haze pollutants below a Q/d of 5.00. A source's Q/d will be
			 considered to be brought below 5.00 when Q/d is below 5.00 using the
			 calculation in OAR 340-223-0100(2), except that the Q factor shall be
			 calculated by adding the plant site emission limits for regional haze
			 pollutants as stated in the stipulated agreement and final order;
(B) Install controls identified by the source
			 in a four factor analysis as cost effective for that source for reducing round
			 II regional haze pollutants. DEQ must agree that the controls identified will
			 result in the greatest cost effective emissions reduction at the identified
			 emissions unit and DEQ must establish a timeline for installation of those
			 controls that is the fastest practicable timeline for installation of the
			 identified controls and that is no later than July 31, 2026;
(C) Install controls or reduce emissions for
			 round II regional haze pollutants that DEQ determines, in its sole discretion,
			 provide equivalent emissions reductions to controls that would be identified as
			 cost effective for that source following the adjustment and review of a four
			 factor analysis. DEQ must establish a timeline for installation of those
			 controls that is the fastest practicable timeline for installation of the
			 identified controls and that is no later than July 31, 2026;
(D) Maintain controls that the source has
			 already installed to control round II regional haze pollutants or maintain
			 reduced emissions of regional haze pollutants that DEQ determines, in its sole
			 discretion, have provided and will continue to provide equivalent emissions
			 reductions to controls that would be identified as cost effective for that
			 source following adjustment and review of a four factor analysis; or
(E) Replace an emissions unit with a new
			 emissions unit that meets the emission limits and requirements of the most
			 recent applicable standard in place at the time of the permitting of the new
			 emissions unit. DEQ must establish a timeline for installation of the new
			 emissions unit that is the fastest practicable timeline for installation of the
			 new emissions unit and that is no later than July 31, 2031.
(c) The stipulated agreement and
			 final order shall be incorporated into the source's Title V permit or upon
			 permit renewal.