reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 218 - OREGON TITLE V OPERATING PERMITS › Section 340-218-0220 - Contested Permits

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A final
			 permit issued by DEQ will become effective upon the date it was signed by the
			 Air Quality Division Administrator or his or her designated representative,
			 unless the applicant requests a hearing before the EQC or its authorized
			 representative. A final permit issued by LRAPA will become effective upon the
			 date it was signed by the LRAPA Director or his or her designated
			 representative, unless the applicant requests a hearing before LRAPA's Board of
			 Directors.
(2) The request for
			 hearing must be in writing within 20 days of the date of mailing of the
			 notification of issuance of the permit. The applicant must specify which permit
			 conditions are being challenged and why, including each alleged factual or
			 legal objection.
(3)
(a) Permit conditions that are not contested,
			 including any conditions that are severable from those contested, will remain
			 in effect upon the date the permit was signed by the Air Quality Division
			 Administrator or the LRAPA Director;
(b) Upon such request for review, the effect
			 of the contested conditions, as well as any conditions that are not severable
			 from those contested, will be stayed only upon a showing that, during the
			 pendency of the appeal, compliance with the contested conditions would require
			 substantial expenditures or losses that would not be incurred if the applicant
			 prevails on the merits of the review; and also that there exists a reasonable
			 likelihood of success on the merits. DEQ may require that the contested
			 conditions not be stayed if it finds that substantial endangerment of public
			 health or welfare would result from the staying of the conditions. DEQ must
			 deny or grant the stay within 30 days.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 218 - OREGON TITLE V OPERATING PERMITS › Section 340-218-0230 - Permit Review by the EPA and Affected States

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Transmission of information to the EPA:
(a) DEQ will provide to the EPA a copy of
			 each permit application (including any application for permit modification),
			 each proposed permit except when a draft permit has been submitted and the EPA
			 determines that the submittal of the draft permit is adequate, and each final
			 Oregon Title V Operating Permit;
(b) The requirements of OAR
			 340-218-0230(1)(a)
			 and (2)(a)  may be waived for any category of
			 sources (including any class, type, or size within such category) other than
			 major sources if allowed by the EPA;
(c) DEQ will keep for 5 years such records
			 and submit to the EPA such information as the EPA may reasonably require to
			 ascertain whether DEQ program complies with the requirements of the FCAA or
			 state rules or of this division.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 218 - OREGON TITLE V OPERATING PERMITS › Section 340-218-0240 - Enforcement

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Whenever it
			 appears to DEQ that any activity in violation of a permit that results in air
			 pollution or air contamination is presenting an imminent and substantial
			 endangerment to the public health, DEQ may enter a cease and desist order
			 pursuant to ORS 468.115 or seek injunction
			 relief pursuant to 468.100.
(2)
(a) Whenever DEQ has good cause to believe
			 that any person is engaged in or about to engage in acts or practices that
			 constitute a violation of any part of the stationary source air permitting
			 rules or any provision of a permit issued pursuant to these rules, DEQ may seek
			 injunctive relief in court to enforce compliance thereto or to restrain further
			 violations;
(b) The proceedings
			 authorized by subsection (a) may be instituted without the necessity of prior
			 agency revocation of the permit or during a permit revocation proceeding if one
			 has been commenced.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 220 - OREGON TITLE V OPERATING PERMIT FEES › Section 340-220-0010 - Purpose, Scope And Applicability

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The purpose of this division is to
			 provide owners and operators of Oregon Title V Operating Permit program sources
			 and DEQ with the criteria and procedures to determine emissions and fees based
			 on air emissions and specific activities.
(2) This division applies to Oregon Title V
			 Operating Permit program sources as defined in OAR 340-200-0020.
(3) The owner or operator may elect to pay
			 emission fees for each regulated pollutant on either actual emissions or
			 permitted emissions.
(4) Sources
			 subject to the Oregon Title V Operating Permit program defined in OAR
			 340-200-0020, are subject to both an annual base fee established under
			 340-220-0030  and an emission fee calculated under 340-220-0040.
(5) Sources subject to the Oregon Title V
			 Operating Permit program may also be subject to specific activity fees (OAR
			 340-220-0050  and 340-216-0090).
(6)
			 DEQ will credit owners and operators of new Oregon Title V Operating Permit
			 program sources for the unused portion of paid Annual Fees. The credit will
			 begin from the date DEQ receives the Title V permit application.
(7) 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.
Statutory/Other Authority: ORS
				  468.020,
				  468.065,
				  468A.310  & 468A.315
Statutes/Other Implemented: ORS
				  468.065  & 468A.315
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 220 - OREGON TITLE V OPERATING PERMIT FEES › Section 340-220-0020 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
The definitions in OAR 340-200-0020, 340-204-0010,
				340-245-0020, and this rule apply to this division. If the same term is defined
				in this rule and 340-200-0020, 340-204-0010  or 340-245-0020, the definition in
				this rule applies to this division. Particulates. For purposes of this
				division, particulates mean PM10; or if a source's permit specifies particulate
				matter (PM) and not PM10, then PM; or if a source's permit specifies PM2.5 and
				neither PM10 nor PM, then PM2.5.
Statutory/Other Authority: ORS
				  468.020,
				  468.065,
				  468A.310  & 468A.315
Statutes/Other Implemented: ORS
				  468.065  & 468A.315
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 220 - OREGON TITLE V OPERATING PERMIT FEES › Section 340-220-0030 - Annual Base Fee

Current through Register Vol. 63, No. 7, July 1, 2024
(1) DEQ will assess
			 an annual base fee of $12,504 for each source subject to the Oregon Title V
			 Operating Permit program for the period of November 15, 2023 to November 14,
			 2024.
(2) DEQ will assess an annual
			 base fee of $16,002 for each source subject to the Oregon Title V Operating
			 Permit program for the period of November 15, 2024 to November 14, 2025, and
			 for each annual period thereafter.
Statutory/Other Authority: ORS 468 & 468A
Statutes/Other Implemented: ORS 468 &
				  468A
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 220 - OREGON TITLE V OPERATING PERMIT FEES › Section 340-220-0040 - Emission Fee

Current through Register Vol. 63, No. 7, July 1, 2024
(1) For operations
			 during the period of November 15, 2023 to November 14, 2024, DEQ will assess an
			 emission fee of $95 per ton of each regulated pollutant emitted during calendar
			 year 2022 to each source subject to the Oregon Title V Operating Permit
			 Program.
(2) For operations during
			 the period of November 15, 2024 to November 14, 2025, DEQ will assess an
			 emission fee of $121 per ton of each regulated pollutant emitted during
			 calendar year 2023 to each source subject to the Oregon Title V Operating
			 Permit Program. DEQ will assess the same per ton emission fee for operations in
			 subsequent comparable November 15 to November 14 operating periods, based on
			 subsequent calendar year's emissions of regulated pollutants, respectively, to
			 each source subject to the Oregon Title V Operating Permit Program.
(3) The emission fee will be applied to
			 emissions based on the elections made according to OAR 340-220-0090.
Statutory/Other Authority: ORS
				  468.020
Statutes/Other Implemented: ORS 468 &
				  468A
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 220 - OREGON TITLE V OPERATING PERMIT FEES › Section 340-220-0050 - Specific Activity Fees

Current through Register Vol. 63, No. 7, July 1, 2024
(1) DEQ
			 will assess specific activity fees for an Oregon Title V Operating Permit
			 program source for the period of July 27, 2023 to August 1, 2024 as follows:
(a) Existing source permit revisions:
(A) Administrative* - $762;
(B) Simple - $3,050;
(C) Moderate - $22,873;
(D) Complex - $45,744; and
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 220 - OREGON TITLE V OPERATING PERMIT FEES › Section 340-220-0060 - Pollutants Subject to Emission Fees

Current through Register Vol. 63, No. 7, July 1, 2024
(1) DEQ will assess emission fees on
			 emissions of regulated pollutants up to and including 7,000 tons per year of
			 all regulated pollutants for each source each calendar year thereafter.
(2) The owner or operator must pay
			 emission fees for all regulated pollutants emitted from the source, except as
			 limited in section (1).
Stat. Auth.: ORS 468.020, 468.065, 468A.310 &
				  468A.315
Stats. Implemented: ORS 468.065 &
				  468A.315
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 220 - OREGON TITLE V OPERATING PERMIT FEES › Section 340-220-0070 - Exclusions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) DEQ will not
			 assess emission fees on newly permitted major sources that have not begun
			 initial operation.
(2) DEQ will
			 not assess emission fees on carbon monoxide. However, sources that emit or are
			 permitted to emit 100 tons or more per year of carbon monoxide are subject to
			 the emission fees on all other regulated pollutants pursuant to OAR
			 340-220-0010.
(3) DEQ will not assess emission
			 fees on any device or activity that did not operate at any time during the
			 calendar year.
(4) If an owner or
			 operator of an Oregon Title V Operating Permit program source operates a device
			 or activity for less than 5% of the permitted operating schedule, the owner or
			 operator may elect to report emissions based on a proration of the permitted
			 emissions for the actual operating time.
(5) DEQ will not assess emission fees on
			 emissions categorized as credits or unassigned emissions within an Oregon Title
			 V Operating Permit.
(6) DEQ will
			 not assess emission fees on categorically insignificant emissions as defined in
			 OAR
			 340-200-0020.
Stat. Auth.: ORS 468.020, 468.065, 468A.310 &
				  468A.315
Stats. Implemented: ORS 468.065 &
				  468A.315
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 220 - OREGON TITLE V OPERATING PERMIT FEES › Section 340-220-0080 - References

Current through Register Vol. 63, No. 7, July 1, 2024
Reference documents used in this division include the DEQ
				Source Sampling Manual and the DEQ Continuous Monitoring Manual.
[NOTE: DEQ manuals are published with OAR
				340-200-0035.]
Publications: Publications referenced are available from the
				  agency.
Statutory/Other Authority: ORS
				  468.020,
				  468.065  & 468A.315
Statutes/Other Implemented: ORS 468 &
				  468A
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 220 - OREGON TITLE V OPERATING PERMIT FEES › Section 340-220-0090 - Election for Each Regulated Pollutant

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The owner or operator must elect to pay
			 emission fees on either actual emissions, permitted emissions, or a combination
			 of both for the previous calendar year for each regulated pollutant and notify
			 DEQ using OAR
			 340-220-0110.
(2) If an owner or operator fails
			 to notify DEQ of the election for a regulated pollutant, DEQ will assess
			 emission fees based on permitted emissions.
(3) If the permit or review report does not
			 identify permitted emissions for a regulated pollutant, DEQ will develop
			 representative permitted emissions.
(4) An owner or operator may elect to pay
			 emission fees on the aggregate limit for insignificant emissions that are not
			 categorically insignificant activity emissions.
Stat. Auth.: ORS 468.020, 468.065 & 468A.310
Stats. Implemented: ORS 468.065 &
				  468A.315
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 220 - OREGON TITLE V OPERATING PERMIT FEES › Section 340-220-0100 - Emission Reporting

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Using
			 a form developed by DEQ the owner or operator must report the following
			 emissions:
(a) Particulates;
(b) Sulfur Dioxide as SO2;
(c) Oxides of Nitrogen (NOx) as Nitrogen
			 Dioxide (NO2);
(d) Volatile
			 Organic Compounds as:
(A) VOC for material
			 balance emission reporting; or
(B)
			 Propane (C3H8), unless otherwise specified by permit, OAR 340, or a method
			 approved by DEQ, for emissions verified by source testing.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 220 - OREGON TITLE V OPERATING PERMIT FEES › Section 340-220-0110 - Emission Reporting and Fee Procedures

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The owner or operator must submit the
			 required form, including the election to pay on permitted or actual emissions
			 for each regulated pollutant, to DEQ with the annual permit report using annual
			 reporting procedures.
(2) The
			 owner or operator may request that information, other than emission
			 information, submitted pursuant to this division be exempt from disclosure
			 under OAR
			 340-214-0130.
(3) Records developed using these
			 rules are subject to inspection and entry requirements in OAR
			 340-218-0080.
			 The owner or operator must retain records for at least five years under
			 340-218-0050(3)(b)(B).
(4) DEQ may accept the information
			 submitted or request additional information from the owner or operator. The
			 owner or operator must submit additional actual emission information requested
			 by DEQ within 30 days of the date of the request. DEQ may approve a request for
			 additional time, up to 30 days, to submit the requested information.
(5) If DEQ determines the actual emission
			 information submitted for any regulated pollutant does not meet the criteria in
			 this division, DEQ will assess the emission fee on the permitted emission for
			 that regulated pollutant.
(6) The
			 owner or operator must submit emission fees payable to DEQ by the later of:
(a) August 1 for emission fees from the
			 previous calendar year; or
(b)
			 Thirty days after DEQ mails the fee invoice.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 220 - OREGON TITLE V OPERATING PERMIT FEES › Section 340-220-0120 - Actual Emissions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Actual
			 emissions include, but are not limited to, routine process emissions, fugitive
			 emissions, and excess emissions from maintenance, startups and shutdowns,
			 equipment malfunction, and other activities, but do not include categorically
			 insignificant activities and secondary emissions.
(2) Actual emissions must be directly
			 measured with a continuous monitoring system or calculated using a material
			 balance or verified emission factor determined under division 220 in
			 combination with the source's actual operating hours, production rates, or
			 types of materials processed, stored, or combusted during the specified time
			 period.
(3) An owner or operator
			 electing to pay on actual emissions must obtain emission data and determine
			 regulated pollutant emissions using one of the following methods:
(a) Continuous monitoring systems used in OAR
			 340-220-0130;
(b) Verified emission factors
			 developed for a particular source or a combination of sources venting to a
			 common stack using OAR
			 340-220-0170;
(c) Material balances determined
			 using OAR
			 340-220-0140,
			 340-220-0150,
			 or
			 340-220-0160;
			 or
(d) Verified emission factors
			 for source categories developed using OAR
			 340-220-0170(11).
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 220 - OREGON TITLE V OPERATING PERMIT FEES › Section 340-220-0130 - Determining Emissions from Continuous Monitoring Systems

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Publications: Publications referenced are available from the
				  agency.
Statutory/Other Authority: ORS
				  468.020,
				  468.065,
				  468A.070,
				  468A.310  & 468A.315
Statutes/Other Implemented: ORS 468 & 468A
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 220 - OREGON TITLE V OPERATING PERMIT FEES › Section 340-220-0140 - Determining Emissions Using Material Balance

Current through Register Vol. 63, No. 7, July 1, 2024
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.
Stat. Auth.: ORS 468.020, 468.065, 468A.070, 468A.310 &
				  468A.315
Stats. Implemented: ORS 468 &
				  468A
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 220 - OREGON TITLE V OPERATING PERMIT FEES › Section 340-220-0150 - Determining VOC Emissions Using Material Balance

Current through Register Vol. 63, No. 7, July 1, 2024
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.]
To view tables 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
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 220 - OREGON TITLE V OPERATING PERMIT FEES › Section 340-220-0160 - Determining Sulfur Dioxide Emissions Using Material Balance

Current through Register Vol. 63, No. 7, July 1, 2024
(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.]
To view tables 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
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 220 - OREGON TITLE V OPERATING PERMIT FEES › Section 340-220-0170 - Verified Emission Factors

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 owner or operator must verify emission factors before using them to determine
			 emissions of regulated pollutants. To verify emission factors, the owner or
			 operator must perform either source testing using the DEQ Source Sampling
			 Manual or use other methods approved by DEQ for source tests. [NOTE: DEQ
			 manuals are published with OAR 340-200-0035.] Source tests must be conducted
			 using testing procedures on file at DEQ and DEQ approved pretest plan which
			 must be submitted at least 15 days before the testing. All test data and
			 results must be submitted for review to DEQ within 30 days after testing,
			 unless DEQ approves otherwise or a different time period is specified in a
			 permit.
NOTE: DEQ recommends that the owner or operator notify
				DEQ and obtain pre-approval of the emission factor source testing program
				before or as part of the first source test notification.
(2) The owner or operator must
			 conduct or have conducted at least three compliance source tests. Each test
			 must consist of at least three individual test runs for a total of at least
			 nine test runs.
(3) The owner or
			 operator must monitor and record applicable process and control device
			 operating data.
(4) The owner or
			 operator must perform a source test either:
(a) In each of three quarters of the year
			 with no two successive source tests performed any closer than 30 days apart;
			 or
(b) At equal intervals over the
			 operating period if the owner or operator demonstrates and DEQ agrees that the
			 device or activity operates or has operated for part of the year; or
(c) At any time during the year if the owner
			 or operator demonstrates, and DEQ agrees, that the process is or was not
			 subject to seasonal variations.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 220 - OREGON TITLE V OPERATING PERMIT FEES › Section 340-220-0180 - Late and Underpayment of Fees

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Notwithstanding
			 any enforcement action, the owner or operator will be subject to a late payment
			 fee of:
(a) Two hundred dollars for payments
			 postmarked more than seven or less than 30 days late; and
(b) Four hundred dollars for payments
			 postmarked on or after 30 days late.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 220 - OREGON TITLE V OPERATING PERMIT FEES › Section 340-220-0190 - Failure to Pay Fees

Current through Register Vol. 63, No. 7, July 1, 2024
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.
Publications: The publication(s) referenced in this rule is
				  available from the agency.
Stat. Auth.: ORS 468.020, 468A.025, 468A.040 &
				  468A.310
Stats. Implemented: ORS
				  468A
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 222 - STATIONARY SOURCE PLANT SITE EMISSION LIMITS › Section 340-222-0010 - Policy

Current through Register Vol. 63, No. 7, July 1, 2024
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.
Stat. Auth.: ORS 468.020, 468A.025, 468A.040 &
				  468A.310
Stats. Implemented: ORS
				  468A
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 222 - STATIONARY SOURCE PLANT SITE EMISSION LIMITS › Section 340-222-0020 - Applicability and Jurisdiction

Current through Register Vol. 63, No. 7, July 1, 2024
(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 Title V 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.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 222 - STATIONARY SOURCE PLANT SITE EMISSION LIMITS › Section 340-222-0030 - 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.
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
Stats. Implemented: ORS 468A
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 222 - STATIONARY SOURCE PLANT SITE EMISSION LIMITS › Section 340-222-0035 - General Requirements for Establishing All PSELs

Current through Register Vol. 63, No. 7, July 1, 2024
(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 source specific 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.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 222 - STATIONARY SOURCE PLANT SITE EMISSION LIMITS › Section 340-222-0040

Current through Register Vol. 63, No. 7, July 1, 2024
Statutory/Other Authority: ORS
				  468.020,
				  468A.025,
				  468A.040 & 468A.310
Statutes/Other Implemented: ORS
				  468A
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 222 - STATIONARY SOURCE PLANT SITE EMISSION LIMITS › Section 340-222-0041 - Source Specific Annual PSEL

Current through Register Vol. 63, No. 7, July 1, 2024
(1) For sources
			 with potential to emit less than the SER that request a source specific PSEL,
			 the source specific PSEL will be set equal to the generic PSEL level.
(2) For sources with potential to emit
			 greater than or equal to the SER, the source specific PSEL will be set equal to
			 the source's potential to emit, netting basis or a level requested by the
			 applicant, whichever is less, except as provided in section (3) or
			 (4).
(3) The initial source
			 specific PSEL for PM2.5 for a source that was permitted on or before May 1,
			 2011 with potential to emit greater than or equal to the SER will be set equal
			 to the PM2.5 fraction of the PM10 PSEL in effect on May 1, 2011.
(a) Any source with a permit in effect on May
			 1, 2011 is eligible for an initial PM2.5 PSEL without being otherwise subject
			 to OAR 340-222-0041(4).
(b) For a
			 source that had a permit in effect on May 1, 2011 but later needs to correct
			 its PM10 PSEL that was in effect on May 1, 2011 due to more accurate or
			 reliable information, the corrected PM10 PSEL will be used to correct the
			 initial PM2.5 PSEL.
(A) Correction of a PM10
			 PSEL will not by itself trigger OAR 340-222-0041(4)  for PM2.5.
(B) Correction of a PM10 PSEL could result in
			 further requirements for PM10 in accordance with all applicable
			 regulations.
(c) If after
			 establishing the initial PSEL for PM2.5 in accordance with this rule and
			 establishing the initial PM2.5 netting basis in accordance with OAR
			 340-222-0046, the PSEL is more than nine tons above the netting basis, any
			 future increase in the PSEL for any reason would be subject to
			 340-222-0041(4).
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 222 - STATIONARY SOURCE PLANT SITE EMISSION LIMITS › Section 340-222-0042 - Short Term PSEL

Current through Register Vol. 63, No. 7, July 1, 2024
(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 level of the short term generic PSEL.
(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).
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 222 - STATIONARY SOURCE PLANT SITE EMISSION LIMITS › Section 340-222-0043 - Renumbered

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS 468 & ORS 468A
Stats. Implemented: ORS 468 & ORS
				  468A
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 222 - STATIONARY SOURCE PLANT SITE EMISSION LIMITS › Section 340-222-0045 - Renumbered

Current through Register Vol. 63, No. 7, July 1, 2024
Tables referenced are available from the
				  agency.
Stat. Auth.: ORS 468.020 & 468A.310
Stats. Implemented: ORS 468 &
				  468A
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 222 - STATIONARY SOURCE PLANT SITE EMISSION LIMITS › Section 340-222-0046 - Netting Basis

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A netting basis
			 will only be established for those regulated pollutants that could subject a
			 source to NSR under OAR 340 division 224.
(a)
			 The initial PM2.5 netting basis for a source that was permitted prior to May 1,
			 2011 will be established with the first permitting action issued after July 1,
			 2011, provided the permitting action involved a public notice period that began
			 after July 1, 2011.
(b) The initial
			 greenhouse gas netting basis for a source will be established with the first
			 permitting action issued after July 1, 2011, provided the permitting action
			 involved a public notice period that began after July 1,
			 2011.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 222 - STATIONARY SOURCE PLANT SITE EMISSION LIMITS › Section 340-222-0048 - Baseline Period and Baseline Emission Rate

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The baseline period used to calculate the
			 baseline emission rate is either:
(a) For any
			 regulated pollutant other than greenhouse gases and PM2.5, any consecutive 12
			 calendar month period during the calendar years 1977 or 1978. DEQ may allow the
			 use of a prior time period upon a determination that it is more representative
			 of normal source operation.
(b)
			 For greenhouse gases, any consecutive 12 calendar month period during the
			 calendar years 2000 through 2010.
(c) For a pollutant that becomes a regulated
			 pollutant subject to OAR 340 division 224 after May 1, 2011, any consecutive 12
			 calendar month period within the 24 months immediately preceding the
			 pollutant's designation as a regulated pollutant if a baseline period has not
			 been defined for the regulated pollutant.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 222 - STATIONARY SOURCE PLANT SITE EMISSION LIMITS › Section 340-222-0051 - Actual Emissions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A
			 source's actual emissions as of the baseline period are the sum total of the
			 actual emissions from each part of the source for each regulated pollutant. The
			 actual emissions as of the baseline period will be determined to be:
(a) Except as provided in subsections (b) and
			 (c) and section (2), the average rate at which the source actually emitted the
			 regulated pollutant during normal source operations over an applicable baseline
			 period;
(b) The source specific
			 mass emissions limit included in a source's permit that was effective on Sep.
			 8, 1981 if such emissions are within 10% of the actual emissions calculated
			 under subsection (a); or
(c) The
			 potential to emit of the source or part of a source as specified in paragraphs
			 (A) and (B). The actual emissions will be reset if required in accordance with
			 section (3).
(A) Any source or part of a
			 source that had not begun normal operations during the applicable baseline
			 period but was approved to construct and operate before or during the baseline
			 period in accordance with OAR 340 division 210 or 216, or was not required to
			 obtain approval to construct and operate before or during the applicable
			 baseline period; or
(B) Any source
			 or part of a source that will emit greenhouse gases that had not begun normal
			 operations prior to Jan. 1, 2010, but was approved to construct and operate
			 prior to Jan. 1, 2011 in accordance with OAR 340 division 210 or 216.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 222 - STATIONARY SOURCE PLANT SITE EMISSION LIMITS › Section 340-222-0055 - Unassigned Emissions

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 222 - STATIONARY SOURCE PLANT SITE EMISSION LIMITS › Section 340-222-0060 - Plant Site Emission Limits for Sources of Hazardous Air Pollutants

Current through Register Vol. 63, No. 7, July 1, 2024
(1) DEQ may
			 establish PSELs for hazardous air pollutants (HAPs) if an owner or operator
			 requests that DEQ:
(a) Establish a PSEL for
			 combined HAPs emitted for purposes of determining emission fees as prescribed
			 in OAR 340 division 220; or
(b)
			 Create an enforceable PTE limit.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 222 - STATIONARY SOURCE PLANT SITE EMISSION LIMITS › Section 340-222-0070 - Repealed

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS 468 & ORS 468A
Stats. Implemented: ORS 468.020, ORS 468A.025, ORS 468A.040,
				  & ORS 468A.045.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 222 - STATIONARY SOURCE PLANT SITE EMISSION LIMITS › Section 340-222-0080 - Plant Site Emission Limit Compliance

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 222 - STATIONARY SOURCE PLANT SITE EMISSION LIMITS › Section 340-222-0090 - Combining and Splitting Sources and Changing Primary SIC Code

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Two or more
			 sources may combine into one source if the criteria in subsection (a) are met.
			 When two or more sources combine into one source under this rule, the combined
			 source is subject to the criteria in subsection (b).
(a) Two or more sources may combine into one
			 source only if all of the following criteria are met:
(A) All individual sources that are being
			 combined must be located within or impact the same airshed; and
(B) The combined source must have the same
			 primary 4-digit SIC code as at least one of the individual sources that are
			 being combined.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 223 - REGIONAL HAZE RULES › Section 340-223-0010 - Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
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
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 223 - REGIONAL HAZE RULES › Section 340-223-0020 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
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.]
To view tables referenced in rule text,
click here to view
				  rule
.
Statutory/Other Authority: ORS 468 & 468A
Statutes/Other Implemented: ORS
				  468A.025
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 223 - REGIONAL HAZE RULES › Section 340-223-0030

Current through Register Vol. 63, No. 7, July 1, 2024
To view tables referenced in rule text,
click here to view
				  rule
.
Statutory/Other Authority: ORS 468 & 468A
Statutes/Other Implemented: ORS
				  468A.025
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 223 - REGIONAL HAZE RULES › Section 340-223-0060

Current through Register Vol. 63, No. 7, July 1, 2024
To view tables referenced in rule text,
click here to view
				  rule
.
Statutory/Other Authority: ORS 468 & 468A
Statutes/Other Implemented: ORS
				  468A.025
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 223 - REGIONAL HAZE RULES › Section 340-223-0100 - Screening Methodology for Sources for Round II of Regional Haze

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The following
			 sources are subject to the requirements of round II of regional haze, contained
			 in OAR 340-223-0110  to OAR 340-223-0130:
(a)
			 Stationary sources with a Title V operating permit; and
(b) That have a Q/d, as determined as
			 provided in subsection (2), of greater than or equal to 5.00.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 223 - REGIONAL HAZE RULES › Section 340-223-0120 - Four Factor Analysis

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A four
			 factor analysis is an emissions control analysis that shall include:
(a) All emissions units for the source;
			 and
(b) Information sufficient to
			 determine, at each emissions unit:
(A) The
			 costs of any and all controls that could be used to reduce round II regional
			 haze pollutants, including an estimate of the cost per ton of each round II
			 regional haze pollutant reduced and all control technologies in use by similar
			 emission units, either at that source or at other sources or
			 locations;
(B) How soon the source
			 believes it would be practicable to install to install controls identified
			 under paragraph (A);
(C) The energy
			 and non-air quality environmental impacts of installing controls identified
			 under paragraph (A); and
(D) The
			 remaining useful life of each emissions unit.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 223 - REGIONAL HAZE RULES › Section 340-223-0130 - Final Orders Ordering Compliance with Round II of Regional Haze

Current through Register Vol. 63, No. 7, July 1, 2024
(1) For all sources
			 identified in OAR 340-223-0100(1)  that do not enter into a stipulated agreement
			 and final order under OAR 340-223-0110(2), DEQ shall issue a final order no
			 later than August 9, 2021, identifying:
(a)
			 The action that shall be taken by the source pursuant to OAR 340-223-0110(1),
			 as well any monitoring, recordkeeping, reporting, or other requirements that
			 DEQ determines are necessary to ensure any controls or emission limits are
			 actually implemented and are enforceable.
(b) The timeline under which the source shall
			 complete the action in paragraph (a).
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 224 - NEW SOURCE REVIEW › Section 340-224-0010 - Applicability, General Prohibitions, General Requirements and Jurisdiction

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Except as
			 provided in subsection (c), the owner or operator of a source undertaking one
			 of the following actions must comply with the applicable Major New Source
			 Review requirements of OAR
			 340-224-0010  through
			 340-224-0070  and
			 340-224-0500  through
			 340-224-0540  for such actions prior to construction or operation:
(a) In an attainment, unclassified or
			 sustainment area:
(A) Construction of a new
			 federal major source;
(B) Major
			 modification at an existing federal major source; or
(C) Major modification at an existing source
			 that will become a federal major source because emissions of a regulated
			 pollutant are increased to the federal major source level or more.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 224 - NEW SOURCE REVIEW › Section 340-224-0020 - 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.
Stat. Auth.: ORS 468.020& 468A
Stats. Implemented: ORS
				  468A
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 224 - NEW SOURCE REVIEW › Section 340-224-0025 - Major Modification

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Except
			 as provided in sections (3) and (4), "major modification" means a change at a
			 source described in section (2) for any regulated pollutant subject to NSR
			 since the later of:
(a) The baseline period
			 for all regulated pollutants except PM2.5;
(b) May 1, 2011 for PM2.5; or
(c) The most recent Major or Type A State NSR
			 action for that regulated pollutant.