Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 244 - OREGON FEDERAL HAZARDOUS AIR POLLUTANT PROGRAM › Section 340-244-0030 - General Provisions for Stationary Sources: Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
Except as provided in OAR 340-244-0220  and -0232, 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 OAR 340-200-0020  or
				340-218-0030, the definition in this rule applies to this division.
(1) "Affected source" is as defined in
			 40 C.F.R.
			 63.2.
(2) "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.
(3) "C.F.R." means the July 1, 2020 edition
			 Code of Federal Regulations unless otherwise identified.
(4) "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
			 C.F.R. 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 C.F.R. 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.