reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 224 - NEW SOURCE REVIEW › Section 340-224-0030 - New Source Review Procedural Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Information
			 Required. The owner or operator of a source subject to Major NSR or State NSR
			 must submit an application and all information DEQ needs to perform any
			 analysis or make any determination required under this division and OAR 340
			 division 225. The information must be in writing on forms supplied or approved
			 by DEQ and include the information required to apply for a permit or permit
			 modification under:
(a) OAR 340 division 216
			 for Major NSR or Type A State NSR action; or
(b) OAR 340 division 216 or 218, whichever is
			 applicable, for Type B State NSR actions.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 224 - NEW SOURCE REVIEW › Section 340-224-0034 - Exemptions

Current through Register Vol. 63, No. 7, July 1, 2024
Temporary emission sources that would be in operation at a site
				for less than two years, such as pilot plants and portable facilities, and
				emissions resulting from the construction phase of a source subject to Major
				NSR or Type A State NSR must comply with only the control technology
				requirements in the applicable section, but are exempt from the remaining
				requirements of the applicable sections provided that the source subject to
				Major NSR or Type A State NSR would not impact a Class I area or an area with a
				known violation of a ambient air quality standard or a PSD increment.
NOTE:
This rule was moved verbatim from OAR
				340-224-0080  and
				amended on 04-16-15. Previous rule history for OAR
				340-224-0080: DEQ
				25-1981, f. & ef. 9-8-81; DEQ 4-1993, f. & cert. ef. 3-10-93; DEQ
				12-1993, f. & cert. ef. 9-24-93; Renumbered from 340-020-0250; DEQ 19-1993,
				f. & cert. ef. 11-4-93; DEQ 22-1995, f. & cert. ef. 10-6-95; DEQ
				14-1999, f. & cert. ef. 10-14-99, Renumbered from 340-028-1950; DEQ 6-2001,
				f. 6-18-01, cert. ef. 7-1-01; DEQ 1-2004, f.& cert. ef. 4-14-04
NOTE:
This rule is included in the State of Oregon
				Clean Air Act Implementation Plan that EQC adopted under OAR
				340-020-0040.
Stat. Auth.: ORS 468.020, 468A.025, 468A.035, 468A.040,
				  468A.050, 468A.055 & 468A.070
Stats. Implemented: ORS
				  468A
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 224 - NEW SOURCE REVIEW › Section 340-224-0038 - Fugitive and Secondary Emissions

Current through Register Vol. 63, No. 7, July 1, 2024
For sources subject to Major NSR or Type A State NSR, fugitive
				emissions are included in the calculation of emission rates of all air
				contaminants. Fugitive emissions are subject to the same control requirements
				and analyses required for emissions from identifiable stacks or vents.
				Secondary emissions are not included in calculations of potential emissions
				that are made to determine if a source or modification is subject to Major or
				Type A State NSR. Once a source is subject to Major or Type A State NSR,
				secondary emissions also become subject to the air quality impact analysis
				requirements in this division and OAR 340 division 225.
NOTE:
This rule is included in the State of Oregon
				Clean Air Act Implementation Plan that EQC adopted under OAR
				340-200-0040.
Stat. Auth.: ORS 468.020, 468A.025, 468A.035, 468A.040,
				  468A.050, 468A.055 & 468A.070
Stats. Implemented: ORS
				  468
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 224 - NEW SOURCE REVIEW › Section 340-224-0040 - Review of Sources Subject to Major NSR or Type A State NSR for Compliance With Regulations

Current through Register Vol. 63, No. 7, July 1, 2024
The owner or operator of a source subject to Major NSR or Type
				A State NSR must demonstrate the ability of the source to comply with all
				applicable air quality requirements of DEQ.
NOTE
: This rule is included in the State of Oregon
				Clean Air Act Implementation Plan that EQC adopted under OAR
				340-200-0040.
Stat. Auth.: ORS 468.020, 468A.025, 468A.035, 468A.040,
				  468A.050, 468A.055 & 468A.070
Stats. Implemented: ORS
				  468A
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 224 - NEW SOURCE REVIEW › Section 340-224-0045 - Requirements for Sources in Sustainment Areas

Current through Register Vol. 63, No. 7, July 1, 2024
Within a designated sustainment area, a source subject to Major
				NSR must meet the requirements listed below for each sustainment pollutant:
(1) OAR
			 340-224-0070;
			 and
(2) Net Air Quality Benefit:
			 Satisfy OAR
			 340-224-0510  and
			 340-224-0520  for ozone sustainment areas or
			 340-224-0510  and
			 340-224-0530(2)
			 and (4)  for non-ozone sustainment areas,
			 whichever is applicable, unless the source can demonstrate that the impacts are
			 less than the significant impact levels at all receptors within the sustainment
			 area.
NOTE
: This rule is included in the State of Oregon
				Clean Air Act Implementation Plan that EQC adopted under OAR
				340-200-0040.
Stat. Auth.: ORS 468.020, 468A.025, 468A.035, 468A.040,
				  468A.050, 468A.055 & 468A.070
Stats. Implemented: ORS
				  468A
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 224 - NEW SOURCE REVIEW › Section 340-224-0050 - Requirements for Sources in Nonattainment Areas

Current through Register Vol. 63, No. 7, July 1, 2024
Within a designated nonattainment area, and when referred to
				this rule by other rules in this division, a source subject to Major NSR must
				meet the requirements listed below for each nonattainment pollutant:
(1) Lowest Achievable Emission Rate (LAER).
			 The owner or operator of the source must apply LAER for each nonattainment
			 pollutant emitted at or above the SER. LAER applies separately to the
			 nonattainment pollutant if emitted at or above a SER over the netting basis.
(a) For a major modification, the requirement
			 for LAER applies to the following:
(A) Each
			 emissions unit that emits the nonattainment pollutant and is not included in
			 the most recent netting basis established for that pollutant; and
(B) Each emissions unit that emits the
			 nonattainment pollutant and is included in the most recent netting basis and
			 contributed to the emissions increase calculated in OAR
			 340-224-0025(2)(a)(B)  for the nonattainment pollutant or
			 precursor.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 224 - NEW SOURCE REVIEW › Section 340-224-0055 - Requirements for Sources in Reattainment Areas

Current through Register Vol. 63, No. 7, July 1, 2024
Within a designated reattainment area, a source subject to
				Major NSR must meet the requirements listed below for each reattainment
				pollutant:
(1) OAR
			 340-224-0050,
			 treating the reattainment pollutant as a nonattainment pollutant for that rule;
			 and
(2) The owner or operator must
			 demonstrate that it will not cause or contribute to a new violation of an
			 ambient air quality standard or PSD increment in OAR 340 division 202 by
			 conducting the analysis under
			 340-225-0050.
NOTE
: This rule is included in the State of Oregon
				Clean Air Act Implementation Plan that EQC adopted under OAR
				340-200-0040.
Stat. Auth.: ORS 468.020, 468A.025, 468A.035, 468A.040,
				  468A.050, 468A.055 & 468A.070
Stats. Implemented: ORS
				  468A
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 224 - NEW SOURCE REVIEW › Section 340-224-0060 - Requirements for Sources in Maintenance Areas

Current through Register Vol. 63, No. 7, July 1, 2024
Within a designated maintenance area, a source subject to Major
				NSR must meet the requirements listed below for each maintenance pollutant:
(1) OAR
			 340-224-0070;
			 and
(2) Net Air Quality Benefit:
			 Except for sources described in section (7), the owner or operator of the
			 source must satisfy one of the requirements listed below:
(a) OAR
			 340-224-0510  and
			 340-224-0520  for ozone maintenance areas or
			 340-224-0510  and
			 340-224-0530(3)
			 and (4)  for non-ozone maintenance areas,
			 whichever is applicable;
(b)
			 Demonstrate that the source or modification will not cause or contribute to an
			 air quality impact in excess of the impact levels in OAR
			 340-202-0225  by performing the analysis specified in
			 340-225-0045;
			 or
(c) Obtain an allocation from a
			 growth allowance. The requirements of this section may be met in whole or in
			 part in an ozone or carbon monoxide maintenance area with an allocation by DEQ
			 from a growth allowance, if available, under the applicable maintenance plan in
			 the SIP adopted by the EQC and approved by EPA. Procedures for allocating the
			 growth allowances for the Oregon portion of the Portland-Vancouver Interstate
			 Maintenance Area for Ozone and the Portland Maintenance Area for Carbon
			 Monoxide are contained in OAR
			 340-242-0430  and
			 340-242-0440.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 224 - NEW SOURCE REVIEW › Section 340-224-0070 - Prevention of Significant Deterioration Requirements for Sources in Attainment or Unclassified Areas

Current through Register Vol. 63, No. 7, July 1, 2024
Within a designated attainment or unclassified area, and when
				referred to this rule by other rules in this division, a source that is subject
				to Major NSR for any regulated pollutant, other than nonattainment pollutants
				and reattainment pollutants, must meet the requirements listed below for each
				such pollutant, except that GHGs are only subject to subsection (2):
(1)
(a)
			 Preconstruction Air Quality Monitoring:
(A)
			 The owner or operator of a source must submit with the application an analysis
			 of ambient air quality in the area impacted by the proposed project for each
			 regulated pollutant subject to this rule except as allowed by paragraph (B).
(i) The analysis must include continuous air
			 quality monitoring data for any regulated pollutant subject to this rule that
			 may be emitted by the source, except for volatile organic compounds.
(ii) The data must relate to the year
			 preceding receipt of the complete application and must have been gathered over
			 the same time period.
(iii) DEQ may
			 allow the owner or operator to demonstrate that data gathered over some other
			 time period would be adequate to determine that the source would not cause or
			 contribute to a violation of an ambient air quality standard or any applicable
			 PSD increment.
(iv) When PM10/PM2.5
			 preconstruction monitoring is required by this section, at least four months of
			 data must be collected, including the season DEQ judges to have the highest
			 PM10/PM2.5 levels. PM10/PM2.5 must be measured using  40 CFR part 50, Appendices
			 J and L. In some cases, a full year of data will be required.
(v) The owner or operator must submit a
			 written preconstruction air quality monitoring plan at least 60 days prior to
			 the planned beginning of monitoring. The applicant may not commence monitoring
			 under the plan until DEQ approves the plan in writing.
(vi) Required air quality monitoring must
			 comply with  40 CFR part 58  Appendix A, "Quality Assurance Requirements for
			 SLAMS, SPMs and PSD Air Monitoring" and with other methods on file with
			 DEQ.
(vii) With DEQ's approval, the
			 owner or operator may use representative or conservative background
			 concentration data in lieu of conducting preconstruction air quality monitoring
			 if the source demonstrates that such data is adequate to determine that the
			 source would not cause or contribute to a violation of an ambient air quality
			 standard or any applicable PSD increment.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 224 - NEW SOURCE REVIEW › Section 340-224-0245 - Requirements for Sources in Sustainment Areas

Current through Register Vol. 63, No. 7, July 1, 2024
Within a designated sustainment area, a source subject to State
				NSR must meet the following requirements for each sustainment pollutant:
(1) Air Quality Protection: The owner
			 or operator must comply with subsection (a) or (b):
(a) Air Quality Analysis: The owner or
			 operator must comply with OAR
			 340-225-0050(1)
			 and (2)  and
			 340-225-0060  for each regulated pollutant for which emissions will exceed the netting basis
			 by the SER or more due to the proposed source or modification. For increases of
			 direct PM2.5 or PM2.5 precursors equal to or greater than the SER, the owner or
			 operator must provide an analysis of PM2.5 air quality impacts based on all
			 increases of direct PM2.5 and PM2.5 precursors; or
(b) Net Air Quality Benefit: The owner or
			 operator of the source must satisfy the requirements of paragraph (A), (B), or
			 (C), as applicable:
(A) For ozone sustainment
			 areas, OAR
			 340-224-0510  and
			 340-224-0520;
(B) For sources located in
			 non-ozone sustainment areas, that will emit 100 tons per year or more of the
			 sustainment pollutant, OAR
			 340-224-0510  and
			 340-224-0530(2)
			 and (4);
(C) For sources located in non-ozone
			 sustainment areas, that will emit less than 100 tons per year of the
			 sustainment pollutant, OAR
			 340-224-0510  and
			 340-224-0530(3)
			 and (4).
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 224 - NEW SOURCE REVIEW › Section 340-224-0250 - Requirements for Sources in Nonattainment Areas

Current through Register Vol. 63, No. 7, July 1, 2024
Within a designated nonattainment area, a source subject to
				State NSR must meet the following requirements for each nonattainment
				pollutant:
(1) If the increase in
			 emissions is the result of a major modification, the owner or operator must
			 apply BACT under OAR
			 340-224-0070(2).
(2) Air Quality Protection:
(a) Air Quality Analysis: An air quality
			 analysis is not required except that the owner or operator of a federal major
			 source must comply with OAR
			 340-225-0050(4)
 
			 and
			 340-225-0070.
(b) Net Air Quality Benefit: The
			 owner or operator of the source must satisfy the requirements of paragraph (A),
			 (B), or (C), as applicable:
(A) For ozone
			 nonattainment areas, OAR
			 340-224-0510  and
			 340-224-0520;
(B) For sources located in
			 non-ozone nonattainment areas, that will emit 100 tons per year or more of the
			 nonattainment pollutant, OAR
			 340-224-0510  and
			 340-224-0530(2)
			 and (4);
(C) For sources located in non-ozone
			 nonattainment areas, that will emit less than 100 tons per year of the
			 nonattainment pollutant, OAR
			 340-224-0510  and
			 340-224-0530(3)
			 and (4).
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 224 - NEW SOURCE REVIEW › Section 340-224-0255 - Requirements for Sources in Reattainment Areas

Current through Register Vol. 63, No. 7, July 1, 2024
Within a designated reattainment area, a source subject to
				State NSR must comply with the requirements in OAR
				340-224-0260 for each reattainment pollutant treating the reattainment pollutant as a
				maintenance pollutant for that rule, except that
				340-224-0260(2)(b)(C)
				and (4)  are not applicable unless DEQ has
				approved a contingency plan for the reattainment area.
NOTE
: This rule is included in the State of Oregon
				Clean Air Act Implementation Plan that EQC adopted under OAR
				340-200-0040.
Stat. Auth.: ORS 468.020, 468A.025, 468A.035, 468A.040,
				  468A.050, 468A.055 & 468A.070
Stats. Implemented: ORS
				  468A
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 224 - NEW SOURCE REVIEW › Section 340-224-0260 - Requirements for Sources in Maintenance Areas

Current through Register Vol. 63, No. 7, July 1, 2024
Within a designated maintenance area, a source subject to State
				NSR must meet the following requirements for each maintenance pollutant:
(1) If the increase in emissions is
			 the result of a major modification, the owner or operator of the source must
			 apply BACT under OAR
			 340-224-0070(2),
			 except for a PM10 source in the Medford/Ashland AQMA where the owner or
			 operator of the source must apply LAER under
			 340-224-0050(1).
(2) Air Quality Protection: The
			 owner or operator of the source must satisfy the requirements of either
			 subsections (a), (c), and (d) or of subsections (b), (c) and (d):
(a) Air Quality Analysis: The owner or
			 operator of the source must comply with OAR
			 340-225-0050(1)
			 and (2)  and
			 340-225-0060  for each regulated pollutant for which emissions will exceed the netting basis
			 by the SER or more due to the proposed source or modification. For emissions
			 increases of direct PM2.5 or PM2.5 precursors equal to or greater than the SER,
			 the owner or operator must provide an analysis of PM2.5 air quality impacts
			 based on all increases of direct PM2.5 and PM2.5 precursors.
(b) Net Air Quality Benefit: The owner or
			 operator of the source must satisfy the requirements of paragraph (A), (B) or
			 (C), as applicable:
(A) OAR
			 340-224-0510  and
			 340-224-0520  for ozone maintenance areas or OAR
			 340-224-0510  and
			 340-224-0530(3)
			 and (4)  for non-ozone maintenance areas,
			 whichever is applicable;
(B)
			 Demonstrate that the source or modification will not cause or contribute to an
			 air quality impact equal to or greater than the impact levels in OAR
			 340-202-0225  by performing the analysis specified in OAR
			 340-225-0045;
			 or
(C) Obtain an allocation from a
			 growth allowance. The requirements of this section may be met in whole or in
			 part in an ozone or carbon monoxide maintenance area with an allocation by DEQ
			 from a growth allowance, if available, under the applicable maintenance plan in
			 the SIP adopted by the EQC and approved by EPA. Procedures for allocating the
			 growth allowances for the Oregon portion of the Portland-Vancouver Interstate
			 Maintenance Area for Ozone and the Portland Maintenance Area for Carbon
			 Monoxide are contained in OAR
			 340-242-0430  and
			 340-242-0440.
(c) The owner or
			 operator of a federal major source must comply with OAR
			 340-225-0050(4)
 
			 and
			 340-225-0070.
(d) The owner or operator of the
			 source must demonstrate that it will not cause or contribute to a new violation
			 of an ambient air quality standard or PSD increment even if the single source
			 impact is less than the significant impact level under OAR
			 340-225-0050(1).
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 224 - NEW SOURCE REVIEW › Section 340-224-0270 - Requirement for Sources in Attainment and Unclassified Areas

Current through Register Vol. 63, No. 7, July 1, 2024
Within a designated attainment or unclassified area, a source
				subject to State NSR must meet the following requirements for each attainment
				pollutant:
(1) Air Quality
			 Protection:
(a) Air Quality Analysis: The
			 owner or operator of the source must comply with OAR
			 340-225-0050(1)
			 and (2)  and
			 340-225-0060  for each regulated pollutant other than GHGs for which emissions will exceed
			 the netting basis by the SER or more due to the proposed source or
			 modification.
(b) For increases of
			 direct PM2.5 or PM2.5 precursors equal to or greater than the SER, the owner or
			 operator of the source must provide an analysis of PM2.5 air quality impacts
			 based on all increases of direct PM2.5 and PM2.5 precursors.
(c) The owner or operator of a federal major
			 source must comply with OAR
			 340-225-0050(4)
 
			 and
			 340-225-0070.
(d) The owner or operator of the
			 source must demonstrate that it will not cause or contribute to a new violation
			 of an ambient air quality standard or PSD increment even if the single source
			 impact is less than the significant impact level under OAR
			 340-225-0050(1).
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 224 - NEW SOURCE REVIEW › Section 340-224-0500 - Net Air Quality Benefit for Sources Locating Within or Impacting Designated Areas

Current through Register Vol. 63, No. 7, July 1, 2024
OAR
				340-224-0510 through
				340-224-0540 are the requirements for demonstrating net air quality benefit using offsets.
NOTE
: This rule is included in the State of Oregon
				Clean Air Act Implementation Plan that EQC adopted under OAR
				340-020-0040.
Stat. Auth.: ORS 468.020, 468A.025, 468A.035, 468A.040,
				  468A.050, 468A.055 & 468A.070
Stats. Implemented: ORS
				  468A
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 224 - NEW SOURCE REVIEW › Section 340-224-0510 - Common Offset Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
The purpose of these rules is to demonstrate reasonable further
				progress toward achieving or maintaining the ambient air quality standards for
				sources locating within or impacting designated areas. A source may make such
				demonstration by providing emission offsets to balance the level of projected
				emissions by the source at the applicable ratios described in this division.
(1) Unless otherwise specified in the
			 rules, offsets required under this rule must meet the requirements of OAR 340
			 division 268, Emission Reduction Credits.
(2) Except as provided in section (3), the
			 emission reductions used as offsets must be of the same type of regulated
			 pollutant as the emissions from the new source or modification. Sources of PM10
			 must be offset with particulate in the same size range.
(3) Offsets for direct PM2.5 may be obtained
			 from NO2 and SO2 emissions as precursors to secondary PM2.5. The interpollutant
			 trading ratios for these emissions will be approved by DEQ on a case by case
			 basis. Offsets for SO2 and NO2 emissions from direct PM2.5 emissions will be
			 determined in the same manner.
(4)
			 Offset ratios specified in these rules are the minimum requirement. All offsets
			 obtained by a source, including any that exceed the minimum requirement, may be
			 used for the purpose of OAR
			 340-224-0530(4).
(5) Emission reductions used as
			 offsets must meet at least one of the following criteria:
(a) They must be equivalent to the emissions
			 being offset in terms of short term, seasonal, and yearly time periods to
			 mitigate the effects of the proposed emissions; or
(b) They must address the air quality problem
			 in the area, such as but not limited to woodstove replacements to address
			 winter-time exceedances of short term PM2.5 standards.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 224 - NEW SOURCE REVIEW › Section 340-224-0520 - Net Air Quality Benefit Emission Offsets: Requirements for Demonstrating Net Air Quality Benefit for Ozone Areas

Current through Register Vol. 63, No. 7, July 1, 2024
When directed by the Major or State NSR rules or OAR
				340-222-0042, the owner or operator must comply with this rule.
(1) Offsets for VOC and NOx are required if
			 the source will be located within an ozone designated area or closer to the
			 nearest boundary of an ozone designated area than the ozone impact distance as
			 defined in section (2).
(2) Ozone
			 impact distance is the distance in kilometers from the nearest boundary of an
			 ozone designated area within which a source of VOC or NOx is considered to
			 significantly affect that designated area. The determination of significance is
			 made by either the formula method or the demonstration method.
(a) The Formula Method.
(A) For sources with complete permit
			 applications submitted before Jan. 1, 2003: D = 30 km.
(B) For sources with complete permit
			 applications submitted on or after Jan. 1, 2003: D = (Q/40) x 30 km.
(C) D is the ozone impact distance in
			 kilometers. The value for D is 100 kilometers when D is calculated to exceed
			 100 kilometers. Q is the larger of the NOx or VOC emissions increase above the
			 netting basis from the source being evaluated in tons per year.
(D) If a source is located closer than D from
			 the nearest ozone designated area boundary, the source must obtain offsets
			 under sections (3) and (4). If the source is located at a distance equal to or
			 greater than D from the nearest ozone designated area boundary then the source
			 is not required to obtain offsets.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 224 - NEW SOURCE REVIEW › Section 340-224-0530 - Net Air Quality Benefit Emission Offsets: Requirements for Demonstrating Net Air Quality Benefit for Non-Ozone Areas

Current through Register Vol. 63, No. 7, July 1, 2024
(1) When directed
			 by the Major or State NSR rules or OAR 340-222-0042, the owner or operator of
			 the source must comply with sections (2) through (6), as applicable. For
			 purposes of this rule, priority sources are sources identified under OAR
			 340-204-0320  for the designated area.
(2) The ratio of offsets compared to the
			 source's potential emissions increase is 1.2:1 (offsets:emissions). If the
			 offsets include offsets from priority sources, the ratio will be decreased by
			 the offsets obtained from priority sources as a percentage of the source's
			 potential emissions increase. For example, if the owner or operator obtains
			 offsets from priority sources equal to 10% of its potential emissions increase,
			 then the offset ratio is reduced by 0.10, to 1.1:1. In no event, however, will
			 the offset ratio be less than 1.0:1, even if more than 20% of offsets are from
			 priority sources.
(3) The ratio of
			 offsets compared to the source's potential emissions increase is 1.0:1
			 (offsets:emissions), except as allowed by subsection (a) or required by
			 subsection (b).
(a) For State NSR only, if
			 the offsets include offsets from priority sources, the ratio will be decreased
			 by the offsets obtained from priority sources as a percentage of the source's
			 potential emissions increase. For example, if the owner or operator obtains
			 offsets from priority sources equal to 20% of its potential emissions increase,
			 then the offset ratio is reduced by 0.2, to 0.8:1. In no event, however, will
			 the offset ratio be less than 0.5:1, even if more than 50% of offsets are from
			 priority sources.
(b) In the
			 Medford-Ashland AQMA, proposed new PM10 major sources or PM10 major
			 modifications locating within the AQMA that are required to provide emission
			 offsets under OAR 340-224-0060(2)(a)  must provide reductions in PM10 emissions
			 equal to 1.2 times the emissions increase over the netting basis from the new
			 or modified source.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 224 - NEW SOURCE REVIEW › Section 340-224-0540 - Sources in a Designated Area Impacting Other Designated Areas

Current through Register Vol. 63, No. 7, July 1, 2024
(1) When directed
			 by the Major and State NSR rules, the owner or operator of a source locating
			 outside, but impacting any designated area other than an attainment or
			 unclassified area must meet one of the following requirements:
(a) Obtain offsets sufficient to reduce
			 impacts to less than the Class II SIL at all receptors within the designated
			 area as demonstrated using an air quality analysis under OAR 340 division 225;
			 or
(b) Meet the following Net Air
			 Quality Benefit requirements for the designated area that is impacted by the
			 source, as applicable:
(A) For sources
			 subject to Major NSR for the pollutant for which the area is designated:
(i) A source impacting a sustainment area
			 must meet the requirements of OAR
			 340-224-0045(2);
(ii) A source impacting a
			 nonattainment area must meet the requirements of OAR
			 340-224-0050(2)(b);
(iii) A source impacting a
			 reattainment area must meet the requirements of OAR
			 340-224-0050(2)(b),
			 treating the reattainment pollutant as a nonattainment pollutant for that rule;
			 or
(iv) A source impacting a
			 maintenance area must meet the requirements of OAR
			 340-224-0060(2).
(B) For sources subject
			 to State NSR for the pollutant for which the area is designated:
(i) A source impacting a sustainment area
			 must meet the requirements of OAR
			 340-224-0245(1)(b);
(ii) A source impacting a
			 nonattainment area must meet the requirements of OAR
			 340-224-0250(2)(b);
(iii) A source impacting a
			 reattainment area must meet the requirements of OAR
			 340-224-0260(2)(b)
 
			 treating the reattainment pollutant as a maintenance pollutant for that rule;
			 or
(iv) A source impacting a
			 maintenance area must meet the requirements of OAR
			 340-224-0260(2)(b).
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 225 - AIR QUALITY ANALYSIS REQUIREMENTS › Section 340-225-0010 - Purpose and Jurisdiction

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 This division contains the definitions and requirements for air quality
			 analysis. This division does not apply unless a rule in another division refers
			 to this division or a rule in this division. For example, division 224, New
			 Source Review, refers to provisions in this division for specific air quality
			 analysis requirements.
(2) 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.
Stat. Auth.: ORS 468.020 & 468A
Stats. Implemented: ORS
				  468A
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 225 - AIR QUALITY ANALYSIS REQUIREMENTS › Section 340-225-0020 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
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.
(1) "Allowable emissions"
			 means the emissions rate of a stationary source calculated using the maximum
			 rated capacity of the source (unless the source is subject to federally
			 enforceable limits which restrict the operating rate, or hours of operation, or
			 both) and the most stringent of the following:
(a) The applicable standards as set forth in
			 40 CFR parts 60, 61, 62 and 63;
(b)
			 The applicable SIP emissions limitation, including those with a future
			 compliance date; or
(c) The
			 emissions rate specified as a federally enforceable permit condition.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 225 - AIR QUALITY ANALYSIS REQUIREMENTS › Section 340-225-0030 - Procedural Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
When required to conduct an air quality analysis under this
				division:
(1) The owner or operator of
			 a source must submit a modeling protocol to DEQ and have it approved before
			 submitting a permit application; and
(2) In addition to the requirements defined
			 in OAR 340-216-0040  for permit applications, the owner or operator of a source
			 must submit all information necessary to perform any analysis or make any
			 determination required under this division. Such information may include, but
			 is not limited to:
(a) Emissions data for all
			 existing and proposed emission points from the source or modification. This
			 data must represent maximum emissions for the averaging times by regulated
			 pollutant consistent with the ambient air quality standards in OAR 340 division
			 202.
(b) Stack parameter data,
			 height above ground, exit diameter, exit velocity, and exit temperature, for
			 all existing and proposed emission points from the source or
			 modification;
(c) An analysis of
			 the air quality and visibility impact of the source or modification, including
			 meteorological and topographical data, specific details of models used, and
			 other information necessary to estimate air quality impacts; and
(d) An analysis of the air quality and
			 visibility impacts, and the nature and extent of all commercial, residential,
			 industrial, and other source emission growth, that has occurred since the
			 baseline concentration year in the area the source or modification would
			 significantly affect.
NOTE: This rule is included in the State of Oregon Clean Air
				Act Implementation Plan that EQC adopted under OAR 340-020-0040
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 225 - AIR QUALITY ANALYSIS REQUIREMENTS › Section 340-225-0040 - Air Quality Models

Current through Register Vol. 63, No. 7, July 1, 2024
All modeled estimates of ambient concentrations required under
				this division must be based on the applicable air quality models, data bases,
				and other requirements specified in  40 CFR part 51, Appendix W, "Guidelines on
				Air Quality Models (Revised)." Where an air quality impact model specified in
				 40 CFR part 51, Appendix W is inappropriate, the methods published in the FLAG
				are generally preferred for analyses in PSD Class I areas. Where an air quality
				impact model other than that specified in  40 CFR part 51, Appendix W is
				appropriate in PSD Class II and III areas, the model may be modified or another
				model substituted. Any change or substitution from models specified in  40 CFR
				part 51, Appendix W is subject to notice and opportunity for public comment and
				must receive prior written approval from DEQ and the EPA.
[NOTE: This rule is included in the State of Oregon Clean Air
				Act Implementation Plan that EQC adopted under OAR 340-020-0040.]
[NOTE: View a PDF of  40 C.F.R. Part 51, Appendix W by clicking
				on "Tables" link below.]
To view tables referenced in rule text,
click here to view
				  rule
.
Statutory/Other Authority: ORS
				  468.020 &
				  468A.070
Statutes/Other Implemented: ORS 468A
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 225 - AIR QUALITY ANALYSIS REQUIREMENTS › Section 340-225-0045 - Requirements for Analysis in Maintenance Areas

Current through Register Vol. 63, No. 7, July 1, 2024
Modeling: For determining compliance with the maintenance area
				impact levels established in OAR 340-202-0225, the following methods must be
				used:
(1) For each maintenance
			 pollutant, a single source impact analysis is sufficient to show compliance
			 with the maintenance area maximum impact levels if:
(a) The modeled impacts from emission
			 increases equal to or greater than a SER above the netting basis due to the
			 proposed source or modification being evaluated are less than the Class II
			 Significant Impact Levels specified in OAR 340-200-0020; and
(b) The owner or operator provides an
			 assessment of factors that may impact the air quality conditions in the area
			 showing that the SIL by itself is protective of the maintenance area impact
			 levels. The assessment must take into consideration but is not limited to the
			 emission increases and decreases since the baseline concentration year from
			 other sources that are expected to cause a significant concentration gradient
			 in the vicinity of the source. Determination of significant concentration
			 gradient may take into account factors including but not limited to ROI
			 formula, spatial distribution of existing emission sources, topography, and
			 meteorology.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 225 - AIR QUALITY ANALYSIS REQUIREMENTS › Section 340-225-0050 - Requirements for Analysis in PSD Class II and Class III Areas

Current through Register Vol. 63, No. 7, July 1, 2024
Modeling: For determining compliance with the AAQS, PSD
				increments, and other requirements in PSD Class II and Class III areas, the
				following methods must be used:
(1)
			 For each regulated pollutant, a single source impact analysis is sufficient to
			 show compliance with the AAQS and PSD increments if:
(a) The modeled impacts from emission
			 increases equal to or greater than a SER above the netting basis due to the
			 proposed source or modification being evaluated are less than the Class II
			 significant impact levels specified in OAR 340-200-0020; and
(b) The owner or operator provides an
			 assessment of factors that may impact the air quality conditions in the area to
			 show that the SIL by itself ensures that the proposed source or modification
			 will not cause or contribute to a new violation of an AAQS and PSD increment.
			 The assessment must take into consideration but is not limited to the following
			 factors:
(A) The background ambient
			 concentration relative to the AAQS;
(B) The emission increases and decreases
			 since the baseline concentration year from other sources that are expected to
			 cause a significant concentration gradient in the vicinity of the source.
			 Determination of significant concentration gradient may take into account
			 factors including but not limited to ROI formula, spatial distribution of
			 existing emission sources, topography, and meteorology.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 225 - AIR QUALITY ANALYSIS REQUIREMENTS › Section 340-225-0060 - Requirements for Demonstrating Compliance with Standards and Increments in PSD Class I Areas

Current through Register Vol. 63, No. 7, July 1, 2024
For determining compliance with AAQS and PSD increments in PSD
				Class I areas, the following methods must be used:
(1) Before Jan. 1, 2003, the owner or
			 operator of a source must model impacts and demonstrate compliance with
			 standards and increments on all PSD Class I areas that may be affected by the
			 source or modification.
(2) On or
			 after Jan. 1, 2003, the owner or operator of a source must meet the following
			 requirements:
(a) For each regulated
			 pollutant, a single source impact analysis is sufficient to show compliance
			 with PSD increments if modeled impacts from emission increases equal to or
			 greater than a SER above the netting basis due to the proposed source or
			 modification being evaluated are demonstrated to be less than the Class I
			 significant impact levels specified in OAR
			 340-200-0020.
			 If this requirement is not satisfied, the owner or operator must complete a
			 competing source analysis to demonstrate that the increased source impacts
			 above baseline concentration plus competing PSD increment consuming source
			 impacts are less than the PSD Class I increments for all averaging times.
(b) For each regulated pollutant,
			 a single source impact analysis is sufficient to show compliance with AAQS if
			 modeled impacts from emission increases equal to or greater than a SER above
			 the netting basis due to the proposed source or modification being evaluated
			 are demonstrated to be less than the Class I significant impact levels
			 specified in OAR
			 340-200-0020.
			 If this requirement is not satisfied, the owner or operator must complete a
			 competing source analysis to demonstrate compliance with the AAQS by showing
			 that its total modeled impacts plus total modeled competing source impacts plus
			 general background concentrations are less than the AAQS for all averaging
			 times.
(c) The owner or operator
			 also must demonstrate that the proposed source or modification will not cause
			 or contribute to a new violation of an ambient air quality standard or PSD
			 increment even if the single source impact is less than the significant impact
			 levels under subsections (a) and (c), in accordance with OAR
			 340-202-0050(2).
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 225 - AIR QUALITY ANALYSIS REQUIREMENTS › Section 340-225-0070 - Requirements for Demonstrating Compliance with Air Quality Related Values Protection

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Sources that
			 are not federal major sources are exempt from the requirements of this
			 rule.
(2) When directed by OAR 340
			 division 224, the requirements of this rule apply to each emissions unit that
			 increases the actual emissions of a regulated pollutant above the portion of
			 the netting basis attributable to that emissions unit.
(3) DEQ must provide notice of permit
			 applications involving AQRV analysis to EPA and Federal Land Managers as
			 follows:
(a) If a proposed source could
			 impact air quality related values, including visibility, deposition, and ozone
			 impacts within a Class I area, DEQ will provide written notice to the EPA and
			 to the appropriate Federal Land Manager within 30 days of receiving such permit
			 application. The notice will include a copy of all information relevant to the
			 permit application, including analysis of anticipated impacts on Class I area
			 air quality related values. DEQ will also provide at least 30 days' notice to
			 EPA and the appropriate Federal Land Manager of any scheduled public hearings
			 and preliminary and final actions taken on the application;
(b) If DEQ receives advance notice of a
			 permit application for a source that may affect Class I area visibility, DEQ
			 will notify all affected Federal Land Managers within 30 days of receiving the
			 advance notice;
(c) During its
			 review of source impacts on Class I area air quality related values, pursuant
			 to this rule, DEQ will consider any analysis performed by the Federal Land
			 Manager that is received by DEQ within 30 days of the date that DEQ sent the
			 notice required by subsection (a). If DEQ disagrees with the Federal Land
			 Manager's demonstration, DEQ will include a discussion of the disagreement in
			 the Notice of Public Hearing;
(d)
			 As a part of the notification required in OAR 340-209-0060, DEQ will provide
			 the Federal Land Manager an opportunity to demonstrate that the emissions from
			 the proposed source would have an adverse impact on air quality related values,
			 of any federal mandatory Class I area. This adverse impact determination may be
			 made even if there is no demonstration that a Class I PSD increment has been
			 exceeded. If DEQ agrees with the demonstration, it will not issue the
			 permit.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 226 - GENERAL EMISSION STANDARDS › Section 340-226-0005 - Applicability and Jurisdiction

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 This division applies in all areas of the state.
(2) 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.
Stat. Auth.: ORS 468A
Stats. Implemented: ORS 468 &
				  468A
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 226 - GENERAL EMISSION STANDARDS › Section 340-226-0010 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
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.
(1) "Refuse" means unwanted
			 matter.
(2) "Refuse burning
			 equipment" means a device designed to reduce the volume of solid, liquid, or
			 gaseous refuse by combustion.
[NOTE: This rule is included in the State of Oregon Clean Air
				Act Implementation Plan that EQC adopted under OAR
				340-200-0040.]
Publications: Publications referenced are available from the
				  agency.
Statutory/Other Authority: ORS
				  468.020 &
				  468A.025
Statutes/Other Implemented: ORS
				  468A.025
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 226 - GENERAL EMISSION STANDARDS › Section 340-226-0100 - Highest and Best Practicable Treatment and Control: Policy and Application

Current through Register Vol. 63, No. 7, July 1, 2024
(1) As specified in
			 OAR 340-226-0110  through 340-226-0140  and sections (2) through (5), the highest
			 and best practicable treatment and control of air contaminant emissions must in
			 every case be provided so as to maintain overall air quality at the highest
			 possible levels, and to maintain contaminant concentrations, visibility
			 reduction, odors, soiling and other deleterious factors at the lowest possible
			 levels. In the case of sources installed, constructed, or modified after June
			 1, 1970, particularly those located in areas with existing high air quality,
			 the degree of treatment and control provided must be such that degradation of
			 existing air quality is minimized to the greatest extent possible.
(2) A source is in compliance with section
			 (1) if the source is in compliance with all other applicable emission standards
			 and requirements contained in OAR 340 divisions 200 through 268.
(3) The EQC may adopt additional rules as
			 necessary to ensure that the highest and best practicable treatment and control
			 is provided as specified in section (1). Such rules may include, but are not
			 limited to, requirements:
(a) Applicable to a
			 source category, regulated pollutant or geographic area of the state;
(b) Necessary to protect public health and
			 welfare for air contaminants that are not otherwise regulated by the EQC;
			 or
(c) Necessary to address the
			 cumulative impact of sources on air quality.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 226 - GENERAL EMISSION STANDARDS › Section 340-226-0110 - Pollution Prevention

Current through Register Vol. 63, No. 7, July 1, 2024
The owner or operator of a source is encouraged to take into
				account the overall impact of the control methods selected, considering risks
				to all environmental media and risks from all affected products and processes.
				The owner or operator of a source is encouraged, but not required, to use the
				following hierarchy in controlling air contaminant emissions:
(1) Modify the process, raw materials or
			 product to reduce the toxicity and quantity of air contaminants generated;
(2) Capture and reuse air
			 contaminants;
(3) Treat to reduce
			 the toxicity and quantity of air contaminants released; or
(4) Otherwise control emissions.
NOTE:
This rule is included in the State of Oregon
				Clean Air Act Implementation Plan that EQC adopted under OAR
				340-200-0040.
Stat. Auth: ORS 468.020 & 468A.025
Stats. Implemented: ORS
				  468A.025
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 226 - GENERAL EMISSION STANDARDS › Section 340-226-0120 - Operating and Maintenance Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Operational, Maintenance and Work
			 Practice Requirements:
(a) Where DEQ has
			 determined that specific operational, maintenance, or work practice
			 requirements are appropriate to ensure that the owner or operator of a source
			 is operating and maintaining air pollution control devices and emission
			 reduction processes at the highest reasonable efficiency and effectiveness to
			 minimize emissions, DEQ will establish such requirements by permit condition or
			 notice of construction approval;
(b) Operational, maintenance, and work
			 practice requirements include:
(A) Flow
			 rates, temperatures, pressure drop, ammonia slip, and other physical or
			 chemical parameters related to the operation of air pollution control devices
			 and emission reduction processes;
(B) Monitoring, record-keeping, testing, and
			 sampling requirements and schedules;
(C) Maintenance requirements and schedules;
			 and
(D) Requirements that
			 components of air pollution control devices be functioning properly.