Attachment G-3 - RulemakingLanguageMWCs

The Oregon Administrative Rules contain OARs filed through September 14, 2007

DEPARTMENT OF ENVIRONMENTAL QUALITY

DIVISION 230

INCINERATOR REGULATIONS

Municipal Waste Combustors

340-230-0300

Applicability

(1) Applicability: OAR 340-230-0310 through 340-230-0359 apply to each municipal waste combustor unit with a combustion capacity greater than 250 tons per day of municipal solid waste for which construction was commenced on or before September 20, 1994.

(a) MWC greater than 250 tons per day that commenced construction after September 20, 1989 and on or before September 20, 1994 are also subject to 40 CFR Part 60 Subpart Ea as adopted under OAR 340-238-0060.

(b) MWC subject to OAR 340-230-0300 through 340-230-0350 are not subject to the incinerator rules in OAR 340-230-0100 through 340-230-0150.

(2) Exemptions:

(a) Any municipal waste combustion unit that is capable of combusting more than 250 tons per day of municipal solid waste and is subject to a federally enforceable permit limiting the maximum amount of municipal solid waste that may be combusted in the unit to less than or equal to 11 tons per day is not subject to this rule if the owner or operator:

(A) Notifies the Department of an exemption claim;

(B) Provides a copy of the federally enforceable permit that limits the firing of municipal solid waste to less than 11 tons per day; and

(b) Physical or operational changes made to an existing municipal waste combustor unit primarily for the purpose of complying with emission limits under these rules are not considered in determining whether the unit is a modified or reconstructed facility under 40 CFR 60, Subparts Ea or Eb.

(c) A qualifying small power production facility, as defined in section 3(17)(C) of the Federal Power Act (16 U.S.C. 796(17)(C)), that burns homogeneous waste (such as automotive tires or used oil, but not including refuse-derived fuel) for the production of electric energy is not subject to these rules if the owner or operator of the facility notifies the Department of this exemption and provides data documenting that the facility qualifies for this exemption.

(d) A qualifying cogeneration facility, as defined in section 3(18)(B) of the Federal Power Act (16 U.S.C. 796(18)(B)), that burns homogeneous waste (such as automotive tires or used oil, but not including refuse-derived fuel) for the production of electric energy and steam or forms of useful energy (such as heat) that are used for industrial, commercial, heating, or cooling purposes, is not subject to these rules if the owner or operator of the facility notifies the Department of this exemption and provides data documenting that the facility qualifies for this exemption.

(e) Any unit combusting a single-item waste stream of tires is not subject to this rule if the owner or operator of the unit:

(A) Notifies the Department of an exemption claim; and

(B) Provides data documenting that the unit qualifies for this exemption.

(f) Any unit required to have a permit under section 3005 of the Solid Waste Disposal Act is not subject to these rules.

(g) Any materials recovery facility (including primary or secondary smelters) that combusts waste for the primary purpose of recovering metals is not subject to these rules.

(h) Any cofired combustor, as defined in 40 CFR 60.51b, that meets the capacity specifications in section (1) of this rule is not subject to these rules if the owner or operator of the cofired combustor:

(A) Notifies the Department of an exemption claim;

(B) Provides a copy of the federally enforceable permit (specified in the definition of cofired combustor); and

(C) Keeps a record on a calendar quarter basis of the weight of municipal solid waste combusted at the cofired combustor and the weight of all other fuels combusted at the cofired combustor.

(i) Pyrolysis/combustion units that are an integrated part of a plastics/rubber recycling unit (as defined in 40 CFR 60.51b) are not subject to this rule if the owner or operator of the plastics/rubber recycling unit keeps records of:

(A) The weight of plastics, rubber, and/or rubber tires processed on a calendar quarter basis;

(B) The weight of chemical plant feedstocks and petroleum refinery feedstocks produced and marketed on a calendar quarter basis; and

(C) The name and address of the purchaser of the feedstocks. The combustion of gasoline, diesel fuel, jet fuel, fuel oils, residual oil, refinery gas, petroleum coke, liquified petroleum gas, propane, or butane produced by chemical plants or petroleum refineries that use feedstocks produced by plastics/rubber recycling units are not subject to these rules.

(j) Air curtain incinerators that meet the capacity specifications in subsection (a) of this section, and that combust a fuel stream composed of 100 percent yard waste are exempt from all provisions of this subpart except the opacity standard under OAR 340-230-0310, the testing procedures under OAR 340-230-0340, and the reporting and recordkeeping provisions under OAR 340-230-0350.

(k) Air curtain incinerators that meet the capacity specifications in subsection (a) of this section and that combust municipal solid waste other than yard waste are subject to all provisions of this subpart.

(l) Cement kilns firing municipal solid waste are not subject to this subpart.

(m) Any affected facility meeting the applicability requirements under this rule is not subject to 40 CFR part 60 subpart E.

[Publications: Publications referenced are available from the agency.]

Stat. Auth.: ORS 468.020
Stats.Implemented: ORS 468A.025
Hist.: DEQ 27-1996, f. & cert. ef. 12-11-96; DEQ 14-1999, f. & cert. ef. 10-14-99, Renumbered from 340-025-0950; DEQ 4-2003, f. & cert. ef. 2-06-03

340-230-0310

Emissions Limitations

No person may cause, suffer, allow, or permit the operation of any affected municipal waste combustor unit in a manner that violates the following emission limits and requirements:

(1) Before April 28, 2009, particulate matter emissions from each unit must not exceed 27 milligrams per dry standard cubic meter (0.012 grains per dry standard cubic foot) corrected to 7 percent oxygen. On and after April 28, 2009, particulate matter emissions from each unit must not exceed 25 milligrams per dry standard cubic meter (0.011 grains per dry standard cubic foot) corrected to 7 percent oxygen.

(2) Opacity. The emission limit for opacity exhibited by the gases discharged to the atmosphere from a designated facility must not exceed 10 percent opacity as a 6-minute average.

(3) Municipal Waste Combustor Metals:

(a) Before April 28, 2009, cadmium emissions from each unit must not exceed 0.040 milligrams per dry standard cubic meter (0.000018 gr/dscf) corrected to 7 percent oxygen. On and after April 28, 2009, cadmium emissions from each unit must not exceed 0.018 milligrams per dry standard cubic meter (0.000008 gr/dscf) corrected to 7 percent oxygen.

(b) Before April 28, 2009, lead emissions from each unit must not exceed 0.44 milligrams per dry standard cubic meter (0.00020 gr/dscf) corrected to 7 percent oxygen. On and after April 28, 2009, lead emissions from each unit must not exceed 0.20 milligrams per dry standard cubic meter (0.00009 gr/dscf) corrected to 7 percent oxygen.

(c) Before April 28, 2009, mercury emissions from each unit must not exceed 0.080 milligrams per dry standard cubic meter (0.000035 gr/dscf) or 15 percent of the potential mercury emission concentration (an 85-percent reduction by weight), corrected to 7 percent oxygen, whichever is less stringent. On and after April 28, 2009, mercury emissions from each unit must not exceed 0.050 milligrams per dry standard cubic meter (0.000022 gr/dscf) or 15 percent of the potential mercury emission concentration (an 85-percent reduction by weight), corrected to 7 percent oxygen, whichever is less stringent.

(4) Sulfur dioxide (SO2) emissions from each unit must not exceed 31 parts per million by volume or 25 percent of the potential sulfur dioxide emission concentration (75-percent reduction by weight or volume), corrected to 7 percent oxygen (dry basis), whichever is less stringent. Compliance with this emission limit is based on a 24-hour daily geometric mean.

(5) Hydrogen chloride (HCl) emissions from each unit must not exceed 31 parts per million by volume or 5 percent of the potential hydrogen chloride emission concentration (95-percent reduction by weight or volume), corrected to 7 percent oxygen (dry basis), whichever is less stringent.

(6) The dioxin/furan emissions from each unit must not exceed:

(a) Before April 28, 2009, 60 nanograms per dry standard cubic meter (total mass), corrected to 7 percent oxygen, for municipal waste combustor units that employ an electrostatic precipitator-based emission control system;

(b) On and after April 28, 2009, 35 nanograms per dry standard cubic meter (total mass), corrected to 7 percent oxygen, for municipal waste combustor units that employ an electrostatic precipitator-based emission control system;

(c) 15 nanograms per dry standard cubic meter (total mass), corrected to 7 percent oxygen, for municipal waste combustor units that do not employ an electrostatic precipitator-based emission control system.

(7) Emissions of nitrogen oxides from each unit must not exceed 205 parts per million by volume on a dry basis corrected to 7 percent oxygen.

(8) Fugitive Emissions:

(a) No owner or operator may cause or allow visible emissions of combustion ash from an ash conveying system (including conveyor transfer points) in excess of 5 percent of the observation period (i.e., 9 minutes per 3-hour period), as determined by EPA Reference Method 22 observations, except as provided in subsections (b) and (c) of this section.

(b) The emission limit specified in subsection (a) of this section does not cover visible emissions discharged inside buildings or enclosures of ash conveying systems; however, the emission limit specified in subsection (a) of this section does cover visible emissions discharged to the atmosphere from buildings or enclosures of ash conveying systems.

(c) The provisions specified in subsection (a) of this section do not apply during maintenance and repair of ash conveying systems.

[Publications: Publications referenced are available from the agency.]

Stat. Auth.: ORS 468.020
Stats. Implemented: ORS 468A.025
Hist.: DEQ 27-1996, f. & cert. ef. 12-11-96; DEQ 14-1999, f. & cert. ef. 10-14-99, Renumbered from 340-025-0960; DEQ 4-2003, f. & cert. ef. 2-06-03

340-230-0320

Operating Practices

(1) Emissions of carbon monoxide from each unit must not exceed 100 parts per million by volume on a dry basis corrected to 7 percent oxygen as a 4-hour block arithmetic average.

(2) No owner or operator of an affected facility may cause such facility to operate at a load level greater than 110 percent of the maximum demonstrated municipal waste combustor unit load as defined in 40 CFR 60.51b except as specified in subsections (2)(a) and (b) of this rule. The averaging time is a 4-hour block arithmetic average as specified under OAR 340-230-0340(9).

(a) During the annual dioxin/furan or mercury performance test and the 2 weeks preceding the annual dioxin/furan or mercury performance test, no municipal waste combustor unit load limit is applicable if the provisions of subsection (2)(b) of this rule are met.

(b) The municipal waste combustor unit load limit may be waived in writing by the Administrator for the purpose of evaluating system performance, testing new technology or control technologies, diagnostic testing, or related activities for the purpose of improving facility performance or advancing the state-of-the-art for controlling facility emissions. The municipal waste combustor unit load limit continues to apply, and remains enforceable, until and unless the Administrator grants the waiver.

(3) No owner or operator of an affected facility may cause or allow such facility to operate at a temperature, measured at the particulate matter control device inlet, exceeding 17°C above the maximum demonstrated particulate matter control device temperature as defined in 40 CFR 60.51b, except as specified in subsections (3)(a) and (b) of this rule. The averaging time must be a 4-hour block arithmetic average as specified under OAR 340-230-0340(9). The requirements specified in this paragraph apply to each particulate matter control device utilized at the affected facility.

(a) During the annual dioxin/furan or mercury performance test and the 2 weeks preceding the annual dioxin/furan or mercury performance test, no particulate matter control device temperature limitations are applicable if the provisions of subsection (3)(b) of this rule are met.

(b) The particulate matter control device temperature limits may be waived in writing by the Administrator for the purpose of evaluating system performance, testing new technology or control technologies, diagnostic testing, or related activities for the purpose of improving facility performance or advancing the state-of-the-art for controlling facility emissions. The temperature limits continues to apply, and remains enforceable, until and unless the Administrator grants the waiver.

[Publications: Publications referenced are available from the agency.]

Stat. Auth.: ORS 468.020
Stats. Implemented: ORS 468A.025
Hist.: DEQ 27-1996, f. & cert. ef. 12-11-96; DEQ 14-1999, f. & cert. ef. 10-14-99, Renumbered from 340-025-0970; DEQ 4-2003, f. & cert. ef. 2-06-03

340-230-0330

Operator Training and Certification

(1) Each chief facility operator and shift supervisor must have completed full certification with either the American Society of Mechanical Engineers (ASME) [QRO-1-1994 - see 40 CFR 60.17] or other State approved certification program.

(2) If a chief facility operator or shift supervisor is not fully certified in accordance with section (1) of this rule, the chief facility operator and shift supervisor must obtain and maintain a current provisional operator certification from either the ASME [QRO-1-1994 - see 40 CFR 60.17] or other State approved certification and must have scheduled a full certification exam with either the ASME [QRO-1-1994] or other State approved certification program.

(3) No owner or operator of an affected facility may allow the facility to be operated at any time unless one of the following persons is on duty and at the affected facility: A fully certified chief facility operator, a provisionally certified chief facility operator who is scheduled to take the full certification exam, a fully certified shift supervisor, or a provisionally certified shift supervisor who is scheduled to take the full certification exam.

(a) If both the certified chief operator and certified shift supervisor are unavailable, a provisionally certified control room operator on site at the affected facility may fulfill the certified operator requirement. Depending on the length of time that a certified chief operator and certified shift supervisor are away, the owner or operator of the affected facility must meet one of the three criteria:

(A) When the certified chief facility operator and certified shift supervisor are both off site for 12 hours or less, and no other certified operator is on site, the provisionally certified control room operator may perform the duties of the certified chief facility operator or certified shift supervisor.

(B) When the certified chief facility operator and certified shift supervisor are off site for more than 12 hours, but for two weeks or less, and no other certified operator is on site, the provisionally certified control room operator may perform the duties of the certified chief facility operator or certified shift supervisor without notice to, or approval by, the Administrator. However, the owner or operator of the affected facility must record the period when the certified chief facility operator and certified shift supervisor are off site and include that information in the annual report as specified under OAR 340-230-0350(3)(e).

(C) When the certified chief facility operator and certified shift supervisor are off site for more than two weeks, and no other certified operator is on site, the provisionally certified control room operator may perform the duties of the certified chief facility operator or certified shift supervisor without approval by the Administrator. However, the owner or operator of the affected facility must take two actions:

(i) Notify the Administrator in writing. In the notice, state what caused the absence and what actions are being taken by the owner or operator of the facility to ensure that a certified chief facility operator or certified shift supervisor is on site as expeditiously as practicable.

(ii) Submit a status report and corrective action summary to the Administrator every four weeks following the initial notification. If the Administrator provides notice that the status report or corrective action summary is disapproved, the municipal waste combustion unit may continue operation for 90 days, but then must cease operation. If corrective actions are taken in the 90-day period such that the Administrator withdraws the disapproval, municipal waste combustion unit operation may continue.

(b) A provisionally certified operator who is newly promoted or recently transferred to a shift supervisor position or a chief facility operator position at the municipal waste combustion unit may perform the duties of the certified chief facility operator or certified shift supervisor without notice to, or approval by, the Administrator for up to six months before taking the ASME QRO certification exam.

(5) The owner or operator of an affected facility must develop and update on a yearly basis a site-specific operating manual that, at a minimum, addresses the elements of municipal waste combustor unit operation specified in subsections (5)(a) through (k) of this rule:

(a) A summary of the applicable standards under OAR 340-230-0310 through 340-230-0335;

(b) A description of basic combustion theory applicable to a municipal waste combustor unit;

(d) Municipal waste combustor unit startup, shutdown, and malfunction procedures;

(e) Procedures for maintaining proper combustion air supply levels;

(f) Procedures for operating the municipal waste combustor unit within the standards established under OAR 340-230-0310 through 340-230-0335;

(g) Procedures for responding to periodic upset or off-specification conditions;

(h) Procedures for minimizing particulate matter carryover;

(i) Procedures for handling ash;

(j) Procedures for monitoring municipal waste combustor unit emissions; and

(k) Reporting and recordkeeping procedures.

(6) The owner or operator of an affected facility must establish a training program to review the operating manual according to the schedule specified in subsections (6)(a) and (b) of this rule with each person who has responsibilities affecting the operation of an affected facility including, but not limited to, chief facility operators, shift supervisors, control room operators, ash handlers, maintenance personnel, and crane/load handlers.

(a) Each person specified in section (6) of this rule must undergo initial training no later than the date specified in paragraph (6)(a)(A) or (B) of this rule, whichever is later.

(A) The date before the day the person assumes responsibilities affecting municipal waste combustor unit operation; or

(B) June 19, 1998.

(b) Annually, following the initial review required by subsection (6)(a) of this rule.

(7) The operating manual required by section (5) of this rule must be kept in a readily accessible location for all persons required to undergo training under section (6) of this rule. The operating manual and records of training must be available for inspection by the EPA or the Department upon request.

[Publications: Publications referenced are available from the agency.]

Stat. Auth.: ORS 468.020
Stats. Implemented: ORS 468A.025
Hist.: DEQ 27-1996, f. & cert. ef. 12-11-96; DEQ 14-1999, f. & cert. ef. 10-14-99, Renumbered from 340-025-0980; DEQ 4-2003, f. & cert. ef. 2-06-03

340-230-0335

Standards for Municipal Waste Combustor Fugitive Ash Emissions

(1) No owner or operator of an affected facility shall cause to be discharged to the atmosphere visible emissions of combustion ash from an ash conveying system (including conveyor transfer points) in excess of 5 percent of the observation period (i.e., 9 minutes per 3-hour period), as determined by EPA Reference Method 22 observations as specified in OAR 340-230-0340(11), except as provided in sections (2) and (3) of this rule.

(2) The emission limit specified in section (1) of this rule does not cover visible emissions discharged inside buildings or enclosures of ash conveying systems; however, the emission limit specified in section (1) of this rule does cover visible emissions discharged to the atmosphere from buildings or enclosures of ash conveying systems.

(3) The provisions specified in section (1) of this rule do not apply during maintenance and repair of ash conveying systems.

340-230-0340

Monitoring and Testing

(1) The standards under OAR 340-230-0310 apply at all times except during periods of startup, shutdown, and malfunction. Duration of startup, shutdown, or malfunction periods are limited to 3 hours per occurrence, except as provided in subsection (1)(c) of this rule. During periods of startup, shutdown, or malfunction, monitoring data must be dismissed or excluded from compliance calculations, but must be recorded and reported in accordance with the provisions of OAR 340-230-0350(1)(f).

(a) The startup period commences when the affected facility begins the continuous burning of municipal solid waste and does not include any warmup period when the affected facility is combusting fossil fuel or other nonmunicipal solid waste fuel, and no municipal solid waste is being fed to the combustor.

(b) Continuous burning is the continuous, semicontinuous, or batch feeding of municipal solid waste for purposes of waste disposal, energy production, or providing heat to the combustion system in preparation for waste disposal or energy production. The use of municipal solid waste solely to provide thermal protection of the grate or hearth during the startup period when municipal solid waste is not being fed to the grate is not considered to be continuous burning.

(c) For purposes of compliance with the carbon monoxide emissions limit in OAR 340-230-320(1), if a loss of boiler water level control (e.g., boiler waterwall tube failure) or a loss of combustion air control (e.g., loss of combustion air fan, induced draft fan, combustion grate bar failure) is determined to be a malfunction, the duration of the malfunction period is limited to 15 hours per occurrence. During such periods of malfunction, monitoring data must be dismissed or excluded from compliance calculations, but must be recorded and reported in accordance with the provisions of OAR 340-230-0350(1)(f).

(2) The owner or operator of an affected facility must install, calibrate, maintain, and operate a continuous emission monitoring system for measuring the oxygen or carbon dioxide content of the flue gas at each location where carbon monoxide, sulfur dioxide, or nitrogen oxides emissions, or particulate matter (if the owner or operator elects to continuously monitor emissions under section (13) of this rule) are monitored and record the output of the system and must comply with the test procedures and test methods specified in subsections (2)(a) through (g) of this rule.

(a) The span value of the oxygen (or carbon dioxide) monitor must be 25 percent oxygen (or 20 percent carbon dioxide).

(b) The monitor must be installed, evaluated, and operated in accordance with 40 CFR 60.13.

(c) The monitor must conform to Performance Specification 3 in appendix B of 40 CFR 60 except for section 2.3 (relative accuracy requirement).

(d) The quality assurance procedures of Appendix F of 40 CFR 60 except for section 5.1.1 (relative accuracy test audit) shall apply to the monitor.

(e) If carbon dioxide is selected for use in diluent corrections, the relationship between oxygen and carbon dioxide levels must be established during the initial performance test according to the following procedures and methods specified in paragraphs (2)(e)(A) through (D) of this rule. This relationship may be reestablished during subsequent performance compliance tests.

(A) The fuel factor equation in Method 3B must be used to determine the relationship between oxygen and carbon dioxide at a sampling location. EPA Reference Method 3, 3A, 3B, or as an alternative ASME PTC-19-10-1981-Part 10, as applicable, must be used to determine the oxygen concentration at the same location as the carbon dioxide monitor.

(B) Samples must be taken for at least 30 minutes in each hour.

(D) A minimum of three runs must be performed.

(f) The relationship between carbon dioxide and oxygen concentrations that is established in accordance with subsection (2)(e) of this rule must be submitted to the Department as part of the annual performance test report if the relationship is reestablished during the annual performance test.

(g) During a loss of boiler water level control or loss of combustion air control malfunction period as specified in subsection (1)(c) of this rule, a diluent cap of 14 percent for oxygen or 5 percent for carbon dioxide may be used in the emissions calculations for sulfur dioxide and nitrogen oxides.

(3) Except as provided in subsection (3)(i) of this rule, the procedures and test methods specified in subsections (3)(a) through (j) of this rule must be used to determine compliance with the emission limits for particulate matter and opacity under OAR 340-230-0310(1) and (2).

(a) EPA Reference Method 1 must be used to select sampling site and number of traverse points.

(b) EPA Reference Method 3, 3A or 3B, or as an alternative ASME PTC-19-10-1981-Part 10, as applicable, must be used for gas analysis.

(c) EPA Reference Method 5 must be used for determining compliance with the particulate matter emission limit. The minimum sample volume must be 1.7 cubic meters (60 cubic feet). The probe and filter holder heating systems in the sample train must be set to provide a gas temperature no greater than 160°C (320°F). An oxygen or carbon dioxide measurement must be obtained simultaneously with each EPA Reference Method 5 run.

(d) The owner or operator of an affected facility may request that compliance with the particulate matter emission limit be determined using carbon dioxide measurements corrected to an equivalent of 7 percent oxygen. The relationship between oxygen and carbon dioxide levels for the affected facility must be established as specified in subsection (2)(e) of this rule.

(e) As specified under 40 CFR 60.8, all performance tests must consist of at least three test runs. The average of the particulate matter emission concentrations from the three test runs is used to determine compliance.

(f) In accordance with subsections (3)(g) and (j) of this rule, EPA Reference Method 9 must be used for determining compliance with the opacity limit except as provided under 40 CFR 60.11(e).

(g) The owner or operator of an affected facility must install, calibrate, maintain, and operate a continuous opacity monitoring system for measuring opacity and must follow the methods and procedures specified in paragraphs (3)(g)(A) through (C) of this rule.

(A) The output of the continuous opacity monitoring system must be recorded on a 6-minute average basis.

(B) The continuous opacity monitoring system must be installed, evaluated, and operated in accordance with 40 CFR 60.13.

(C) The continuous opacity monitoring system must conform to Performance Specification 1 in appendix B of 40 CFR Part 60.

(h) The owner or operator of an affected facility must conduct a performance test for particulate matter on a calendar year basis (no less than 9 calendar months and no more than 15 calendar months following the previous performance test; and must complete five performance tests in each 5-year calendar period).

(i) In place of particulate matter testing with EPA Reference Method 5, an owner or operator may elect to install, calibrate, maintain, and operate a continuous emission monitoring system for monitoring particulate matter emissions discharged to the atmosphere and record the output of the system. The owner or operator of an affected facility who elects to continuously monitor particulate matter emissions instead of conducting performance testing using EPA Reference Method 5 must install, calibrate, maintain, and operate a continuous emission monitoring system and must comply with the requirements specified in paragraphs (3)(i)(A) through (N) of this rule. The owner or operator who elects to continuously monitor particulate matter emissions instead of conducting performance testing using EPA Reference Method 5 is not required to complete performance testing for particulate matter as specified in subsection (3)(h) of this rule and is not required to continuously monitor opacity as specified in subsection (3)(g) of this rule.

(A) Notify the Administrator one month before starting use of the system.

(B) Notify the Administrator one month before stopping use of the system.

(D) The initial performance evaluation must be completed no later than 180 days of notification to the Administrator of use of the continuous monitoring system if the owner or operator was previously determining compliance by Method 5 performance tests, whichever is later.

(E) The owner or operator of an affected facility may request that compliance with the particulate matter emission limit be determined using carbon dioxide measurements corrected to an equivalent of 7 percent oxygen. The relationship between oxygen and carbon dioxide levels for the affected facility must be established as specified in subsection (2)(e) of this rule.

(F) The owner or operator of an affected facility must conduct an initial performance test for particulate matter emissions as required under 40 CFR 60.8. Compliance with the particulate matter emission limit must be determined by using the continuous emission monitoring system specified in subsection (3)(i) of this rule to measure particulate matter and calculating a 24-hour block arithmetic average emission concentration using EPA Reference Method 19, section 12.4.1.

(G) Compliance with the particulate matter emission limit must be determined based on the 24-hour daily (block) average of the hourly arithmetic average emission concentrations using continuous emission monitoring system outlet data.

(H) At a minimum, valid continuous monitoring system hourly averages must be obtained as specified in subparagraphs (3)(i)(H)(i) and (ii) of this rule for at least 90 percent of the operating hours per calendar quarter and 95 percent of the operating hours per calendar year that the affected facility is combusting municipal solid waste.

(i) At least two data points per hour must be used to calculate each 1-hour arithmetic average.

(ii) Each particulate matter 1-hour arithmetic average must be corrected to 7 percent oxygen on an hourly basis using the 1-hour arithmetic average of the oxygen (or carbon dioxide) continuous emission monitoring system data.

(I) The 1-hour arithmetic averages required under paragraph (3)(i)(G) of this rule must be expressed in milligrams per dry standard cubic meter corrected to 7 percent oxygen (dry basis) and must be used to calculate the 24-hour daily arithmetic average emission concentrations. The 1-hour arithmetic averages must be calculated using the data points required under 40 CFR 60.13(e)(2).

(J) All valid continuous emission monitoring system data must be used in calculating average emission concentrations even if the minimum continuous emission monitoring system data requirements of paragraph (3)(i)(H) of this rule are not met.

(K) The continuous emission monitoring system must be operated according to Performance Specification 11 in 40 CFR part 60 appendix B.

(L) During each relative accuracy test run of the continuous emission monitoring system required by Performance Specification 11 in 40 CFR part 60 appendix B, particulate matter and oxygen (or carbon dioxide) data must be collected concurrently (or within a 30- to 60-minute period) by both the continuous emission monitors and the test methods specified in subparagraphs (3)(i)(L)(i) and (ii) of this rule.

(i) For particulate matter, EPA Reference Method 5 must be used.

(ii) For oxygen (or carbon dioxide), EPA Reference Method 3, 3A, or 3B, as applicable must be used.

(M) Quarterly accuracy determinations and daily calibration drift tests must be performed in accordance with Procedure 2 in 40 CFR part 60 appendix F.

(N) When particulate matter emissions data are not obtained because of continuous emission monitoring system breakdowns, repairs, calibration checks, and zero and span adjustments, emissions data must be obtained by using other monitoring systems as approved by the Administrator or EPA Reference Method 19 to provide, as necessary, valid emissions data for a minimum of 90 percent of the hours per calendar quarter and 95 percent of the hours per calendar year that the affected facility is operated and combusting municipal solid waste.

(j) For each affected facility, the owner or operator must conduct a performance test for opacity on an annual basis (no less than 9 calendar months and no more than 15 calendar months following the previous performance test; and must complete five performance tests in each 5-year calendar period) using the test method specified in subsection (3)(f) of this rule.

(4) The procedures and test methods specified in subsections (4)(a) and (b) of this rule must be used to determine compliance with the emission limits for cadmium, lead, and mercury under OAR 340-230-0310(3).

(a) The procedures and test methods specified in paragraphs (4)(a)(A) through (G) of this rule must be used to determine compliance with the emission limits for cadmium and lead under OAR 340-230-0310(3)(a) and (b).

(A) EPA Reference Method 1 must be used for determining the location and number of sampling points.

(B) EPA Reference Method 3, 3A, or 3B, or as an alternative ASME PTC-19-10-1981-Part 10, as applicable, must be used for flue gas analysis.

(D) An oxygen or carbon dioxide measurement must be obtained simultaneously with each EPA Reference Method 29 test run for cadmium and lead required under paragraph (4)(a)(C) of this rule.

(E) The owner or operator of an affected facility may request that compliance with the cadmium or lead emission limit be determined using carbon dioxide measurements corrected to an equivalent of 7 percent oxygen. The relationship between oxygen and carbon dioxide levels for the affected facility must be established as specified in subsection (2)(e) of this rule.

(F) All performance tests must consist of at least three test runs conducted under representative full load operating conditions. The average of the cadmium and lead emission concentrations from three test runs or more must be used to determine compliance.

(G) The owner or operator of an affected facility must conduct a performance test for compliance with the emission limits for cadmium and lead on a calendar year basis (no less than 9 calendar months and no more than 15 calendar months following the previous performance test; and must complete five performance tests in each 5-year calendar period).

(b) The procedures and test methods specified in paragraphs (4)(b)(A) through (I) of this rule must be used to determine compliance with the mercury emission limit under OAR 340-230-0310(3)(c).

(A) EPA Reference Method 1 must be used for determining the location and number of sampling points.

(B) EPA Reference Method 3, 3A, or 3B, or as an alternative ASME PTC-19-10-1981-Part 10, as applicable, must be used for flue gas analysis.

(C) EPA Reference Method 29 or as an alternative ASTM D6784-02 must be used to determine the mercury emission concentration. The minimum sample volume when using EPA Reference Method 29 or as an alternative ASTM D6784-02 for mercury is 1.7 cubic meters (60 cubic feet).

(D) An oxygen (or carbon dioxide) measurement must be obtained simultaneously with each EPA Reference Method 29 or as an alternative ASTM D6784-02 test run for mercury required under paragraph (4)(b)(C) of this rule.

(E) The percent reduction in the potential mercury emissions (%PHg) is computed using equation 1: [Equation not included. See ED. NOTE.]

(F) All performance tests must consist of a minimum of three test runs conducted under representative full load operating conditions. The average of the mercury emission concentrations or percent reductions from three test runs or more is used to determine compliance.

(G) The owner or operator of an affected source may request that compliance with the mercury emission limit be determined using carbon dioxide measurements corrected to an equivalent of 7 percent oxygen. The relationship between oxygen and carbon dioxide levels for the affected facility must be established as specified in subsection (2)(e) of this rule.

(H) The owner or operator of an affected facility must conduct a performance test for mercury emissions on a calendar year basis (no less than 9 calendar months and no more than 15 calendar months from the previous performance test; and must complete five performance tests in each 5-year calendar period).

(I) The owner or operator of an affected facility where activated carbon injection is used to comply with the mercury emission limit must follow the procedures specified in section (12) of this rule for measuring and calculating carbon usage.

(c) In place of cadmium and lead testing with EPA Reference Method 29 as an alternative ASTM D6784-02, an owner or operator may elect to install, calibrate, maintain, and operate a continuous emission monitoring system for monitoring cadmium and lead emissions discharged to the atmosphere and record the output of the system according to the provisions of sections (13) and (14) of this rule.

(d) In place of mercury testing with EPA Reference Method 29 or as an alternative ASTM D6784-02, an owner or operator may elect to install, calibrate, maintain, and operate a continuous emission monitoring system or a continuous automated sampling system for monitoring mercury emissions discharged to the atmosphere and record the output of the system according to the provisions of sections (13) and (14) of this rule, or sections (15) and (16) of this rule, as appropriate. The owner or operator who elects to continuously monitor mercury in place of mercury testing with EPA Reference Method 29 or as an alternative ASTM D6784-02 is not required to complete performance testing for mercury as specified in paragraph (4)(b)(H) of this rule.

(5) The procedures and test methods specified in subsections (5)(a) through (l) of this rule must be used for determining compliance with the sulfur dioxide emission limit under OAR 340-230-0310(4).

(a) EPA Reference Method 19, section 4.3, must be used to calculate the daily geometric average sulfur dioxide emission concentration.

(b) EPA Reference Method 19, section 5.4, must be used to determine the daily geometric average percent reduction in the potential sulfur dioxide emission concentration.

(c) The owner or operator of an affected facility may request that compliance with the sulfur dioxide emission limit be determined using carbon dioxide measurements corrected to an equivalent of 7 percent oxygen. The relationship between oxygen and carbon dioxide levels for the affected facility must be established as specified in subsection (2)(e) of this rule.

(d) Compliance with the sulfur dioxide emission limit (concentration or percent reduction) must be determined by using the continuous emission monitoring system specified in subsection (5)(e) of this rule to measure sulfur dioxide and calculating 24-hour daily geometric average emission concentration or a 24-hour daily geometric average percent reduction using EPA reference Method 19, sections 4.3 and 5.4, as applicable.

(e) The owner or operator of an affected facility must install, evaluate, calibrate, maintain, and operate a continuous emission monitoring system for measuring sulfur dioxide emissions discharged to the atmosphere and record the output of the system in accordance with 40 CFR 60.13.

(f) Compliance with the sulfur dioxide emission limit must be determined based on the 24-hour daily geometric average of the hourly arithmetic average emission concentrations using continuous emission monitoring system outlet data if compliance is based on an emission concentration, or continuous emission monitoring system inlet and outlet data if compliance is based on a percent reduction.

(g) At a minimum, valid continuous monitoring system hourly averages must be obtained as specified in paragraphs (5)(g)(A) and (B) of this rule for 90 percent of the operating hours per calendar quarter and 95 percent of the operating days per calendar year that the affected facility is combusting municipal solid waste.

(A) At least two data points per hour must be used to calculate each 1-hour arithmetic average.

(B) Each sulfur dioxide 1-hour arithmetic average must be corrected to 7 percent oxygen on an hourly basis using the 1-hour arithmetic average of the oxygen (or carbon dioxide) continuous emission monitoring system data.

(h) The 1-hour arithmetic averages required under subsection (5)(f) of this rule must be expressed in parts per million corrected to 7 percent oxygen (dry basis) and used to calculate the 24-hour daily geometric average emission concentrations and daily geometric average emission percent reductions. The 1-hour arithmetic averages must be calculated using the data points required under 40 CFR 60.13(e)(2).

(i) All valid continuous emission monitoring system data must be used in calculating average emission concentrations and percent reductions even if the minimum continuous emission monitoring system data requirements of subsection (5)(g) of this rule are not met.

(j) The continuous emission monitoring system must be operated according to Performance Specification 2 in appendix B of 40 CFR 60. For sources that have actual inlet emissions less than 100 parts per million dry volume, the relative accuracy criterion for inlet sulfur dioxide continuous emission monitoring systems should be no greater than 20 percent of the mean value of the reference method test data in terms of the units of the emission standard, or 5 parts per million dry volume absolute value of the mean difference between the reference method and the continuous emission monitoring systems, whichever is greater.

(A) During each relative accuracy test run of the continuous emission monitoring system required by Performance Specification 2 in appendix B of 40 CFR 60, sulfur dioxide and oxygen (or carbon dioxide) must be collected concurrently (or within a 30- to 60-minute period) by both the continuous emission monitors and the test methods specified in subparagraphs (5)(j)(A)(i) and (ii) of this rule.

(i) For sulfur dioxide, EPA Reference Method 6, 6A, or 6C, or as an alternative ASME PTC-19-10-1981-Part 10, must be used.

(ii) For oxygen (or carbon dioxide), EPA Reference Method 3, 3A, or 3B, or as an alternative ASME PTC-19-10-1981-Part 10, must be used.

(B) The span value of the continuous emissions monitoring system at the inlet to the sulfur dioxide control device must be 125 percent of the maximum estimated hourly potential sulfur dioxide emissions of the municipal waste combustor unit. The span value of the continuous emission monitoring system at the outlet of the sulfur dioxide control device must be 50 percent of the maximum estimated hourly potential sulfur dioxide emissions of the municipal waste combustor unit.

(k) Quarterly accuracy determinations and daily calibration tests must be performed in accordance with Procedure 1 in Appendix F of 40 CFR 60.

(l) When sulfur dioxide emissions data are not obtained because of continuous emission monitoring system breakdowns, repairs, calibration checks, and/or zero and span adjustments, emissions data must be obtained by using other monitoring systems as approved by the Department or EPA Reference Method 19 to provide, as necessary, valid emissions data for a minimum of 90 percent of the hours per calendar quarter and 95 percent of the hours per calendar year that the affected facility is operated and combusting municipal solid waste.

(6) The procedures and test methods specified in subsections (6)(a) through (h) if this rule must be used for determining compliance with the hydrogen chloride emission limit under OAR 340-230-0310(5).

(a) EPA Reference Method 26 or 26A, as applicable, must be used to determine the hydrogen chloride emission concentration. The minimum sampling time for must be 1 hour.

(b) An oxygen (or carbon dioxide) measurement must be obtained simultaneously with each test run for hydrogen chloride required by subsection (6)(a) of this rule.

(c) The percent reduction in potential hydrogen chloride emissions (% PHCl) is computed using equation 2: [Equation not included. See ED. NOTE.]

(d) The owner or operator of an affected facility may request that compliance with the hydrogen chloride emission limit be determined using carbon dioxide measurements corrected to an equivalent of 7 percent oxygen. The relationship between oxygen and carbon dioxide levels for the affected facility must be established as specified in subsection (2)(e) of this rule.

(e) As specified under 40 CFR 60.8, all performance tests must consist of three test runs. The average of the hydrogen chloride emission concentrations from the three test runs is used to determine compliance.

(f) The owner or operator of an affected facility must conduct a performance test for hydrogen chloride emissions on an annual basis (no more than 12 calendar months following the previous performance test).

(g) In place of hydrogen chloride testing with EPA Reference Method 26 or 26A, an owner or operator may elect to install, calibrate, maintain, and operate a continuous emission monitoring system for monitoring hydrogen chloride emissions discharged to the atmosphere and record the output of the system according to the provisions of sections (13) and (14) of this rule.

(7) The procedures and test methods specified in subsections (7)(a) through (h) of this rule must be used to determine compliance with the limits for dioxin/furan emissions under OAR 340-230-0310(6).

(a) EPA Reference Method 1 must be used for determining the location and number of sampling points.

(b) EPA Reference Method 3, 3A, or 3B, or as an alternative ASME PTC-19-10-1981-Part 10, as applicable, must be used for flue gas analysis.

(A) The minimum sample time must be 4 hours per test run.

(B) An oxygen (or carbon dioxide) measurement must be obtained simultaneously with each EPA Reference Method 23 test run for dioxins/furans.

(d) The owner or operator of an affected facility must conduct performance tests for dioxin/furan emissions in accordance with subsection (7)(c) of this rule, according to one of the schedules specified in paragraphs (7)(d)(A) through (C) of this rule.

(A) Performance tests must be conducted on a calendar year basis (no less than 9 calendar months and no more than 15 calendar months following the previous performance test; and must complete five performance tests in each 5-year calendar period).

(B) For the purpose of evaluating system performance to establish new operating parameter levels, testing new technology or control technologies, diagnostic testing, or related activities for the purpose of improving facility performance or advancing the state-of-the-art for controlling facility emissions, the owner or operator of an affected facility that qualifies for the performance testing schedule specified in paragraph (7)(d)(C) of this rule, may test one unit for dioxin/furan and apply the dioxin/furan operating parameters to similarly designed and equipped units on site by meeting the requirements specified in subparagraphs (7)(d)(B)(i) through (iv) of this rule.

(i) Follow the testing schedule established in paragraph (7)(d)(C) of this rule. For example, each year a different affected facility at the municipal waste combustor plant must be tested, and the affected facilities at the plant must be tested in sequence (e.g., unit 1, unit 2, unit 3, as applicable).

(ii) Upon meeting the requirements in paragraph (7)(d)(C) of this rule for one affected facility, the owner or operator may elect to apply the average carbon mass feed rate and associated carbon injection system operating parameter levels for dioxin/furan as established in section (13) of this rule to similarly designed and equipped units on site.

(iii) Upon testing each subsequent unit in accordance with the testing schedule established in paragraph (7)(d)(C) of this rule, the dioxin/furan and mercury emissions of the subsequent unit must not exceed the dioxin/furan and mercury emissions measured in the most recent test of that unit prior to the revised operating parameter levels.

(iv) The owner or operator of an affected facility that selects to follow the performance testing schedule specified in paragraph (7)(d)(C) of this rule and apply the carbon injection system operating parameters to similarly designed and equipped units on site must follow the procedures specified in OAR 340-230-0350(3)(d) for reporting.

(C) Where all performance tests over a 2-year period indicate that dioxin/furan emissions are less than or equal to 7 nanograms per dry standard cubic meter (total mass) for all affected facilities located within a municipal waste combustor plant, the owner or operator of the municipal waste combustor plant may elect to conduct annual performance tests for one affected facility (i.e., unit) per year at the municipal waste combustor plant. At a minimum, a performance test for dioxin/furan emissions must be conducted on a calendar year basis (no more than 9 calendar months and no more than 15 months following the previous performance test; and must complete five performance tests in each 5-year calendar period) for one affected facility at the municipal waste combustor plant. Each year a different affected facility at the municipal waste combustor plant must be tested, and the affected facilities at the plant must be tested in sequence (e.g., unit 1, unit 2, unit 3, as applicable). If each annual performance test continues to indicate a dioxin/furan emission level less than or equal to 7 nanograms per dry standard cubic meter (total mass), the owner or operator may continue conducting a performance test on only one affected facility per year. If any annual performance test indicates either a dioxin/furan emission level greater than 7 nanograms per dry standard cubic meter (total mass), performance tests thereafter must be conducted annually on all affected facilities at the plant until and unless all annual performance tests for all affected facilities at the plant over a 2-year period indicate a dioxin/furan emission level less than or equal to 7 nanograms per dry standard cubic meter (total mass).

(e) The owner or operator of an affected facility that selects to follow the performance testing schedule specified in paragraph (7)(d)(C) of this rule must follow the procedures specified in OAR 340-230-0350(3)(d) for reporting the selection of this schedule.

(f) The owner or operator of an affected facility where activated carbon is used must follow the procedures specified in section (12) of this rule for measuring and calculating the carbon usage rate.

(g) The owner or operator of an affected facility may request that compliance with the dioxin/furan emission limit be determined using carbon dioxide measurements corrected to an equivalent of 7 percent oxygen. The relationship between oxygen and carbon dioxide levels for the affected facility must be established as specified in subsection (2)(e) of this rule.

(h) As specified under 40 CFR 60.8, all performance tests must consist of three test runs. The average of the dioxin/furan emission concentrations from the three test runs is used to determine compliance.

(i) In place of dioxin/furan sampling and testing with EPA Reference Method 23, an owner or operator may elect to sample dioxin/furan by installing, calibrating, maintaining, and operating a continuous automated sampling system for monitoring dioxin/furan emissions discharged to the atmosphere, recording the output of the system, and analyzing the sample using EPA Reference Method 23. This option to use a continuous automated sampling system takes effect on the date a final performance specification applicable to dioxin/furan from monitors is published in the Federal Register or the date of approval of a site-specific monitoring plan. The owner or operator of an affected facility who elects to continuously sample dioxin/furan emissions instead of sampling and testing using EPA Reference Method 23 must install, calibrate, maintain, and operate a continuous automated sampling system and must comply with the requirements specified in sections (15) and (16) of this rule.

(8) The procedures and test methods specified in subsections (8)(a) through (i) of this rule must be used to determine compliance with the nitrogen oxides emission limit for affected facilities.

(a) Compliance with the nitrogen oxides emission limit must be determined by using the continuous emission monitoring system specified in subsection (8)(c) of this rule for measuring nitrogen oxides and calculating a 24-hour daily arithmetic average emission concentration using EPA Reference Method 19, section 4.1.

(b) An owner or operator may request that compliance with the nitrogen oxides emission limit be determined using carbon dioxide measurements corrected to an equivalent of 7 percent oxygen. The relationship between oxygen and carbon dioxide levels for the affected facility must be established as specified in subsection (2)(e) of this rule.

(c) The owner or operator of an affected facility must install, calibrate, maintain, and operate a continuous emission monitoring system for measuring nitrogen oxides discharged to the atmosphere, and record the output of the system.

(d) At a minimum, valid continuous emission monitoring system hourly averages must be obtained as specified in paragraphs (8)(d)(A) and (B) of this rule for 90 percent of the operating hours per calendar quarter and for 95 percent of the operating hours per calendar year that the affected facility is combusting municipal solid waste.

(A) At least 2 data points per hour must be used to calculate each 1-hour arithmetic average.

(B) Each nitrogen oxides 1-hour arithmetic average must be corrected to 7 percent oxygen on an hourly basis using the 1-hour arithmetic average of the oxygen (or carbon dioxide) continuous emission monitoring system data.

(e) The 1-hour arithmetic averages must be expressed in parts per million by volume (dry basis) and used to calculate the 24-hour daily arithmetic average concentrations. The 1-hour arithmetic averages must be calculated using the data points required under 40 CFR 60.13(e)(2).

(f) All valid continuous emission monitoring system data must be used in calculating emission averages even if the minimum continuous emission monitoring system data requirements of subsection (8)(d) of this rule are not met.

(g) The owner or operator of an affected facility must operate the continuous emission monitoring system according to Performance Specification 2 in Appendix B of 40 CFR 60 and must follow the procedures and methods specified in paragraphs (8)(g)(A) and (B) of this rule.

(A) During each relative accuracy test run of the continuous emission monitoring system required by Performance Specification 2 in Appendix B of 40 CFR 60, nitrogen oxides and oxygen (or carbon dioxide) must be collected concurrently (or within a 30- to 60-minute period) by both the continuous emission monitors and the test methods specified in subparagraphs (8)(g)(A)(i) and (ii) of this rule.

(i) For nitrogen oxides, EPA Reference Methods 7, 7A, 7C, 7D, or 7E must be used.

(ii) For oxygen (or carbon dioxide), EPA Reference Method 3, 3A, or 3B, or as an alternative ASME PTC-19-10-1981-Part 10, as applicable, must be used.

(B) The span value of the continuous emission monitoring system must be 125 percent of the maximum estimated hourly potential nitrogen oxide emissions of the municipal waste combustor unit.

(h) Quarterly accuracy determinations and daily calibration drift tests must be performed in accordance with Procedure 1 in Appendix F of 40 CFR Part 60.

(i) When nitrogen oxides continuous emissions data are not obtained because of continuous emission monitoring system breakdowns, repairs, calibration checks, and zero and span adjustments, emissions data must be obtained using other monitoring systems as approved by the Department or EPA Reference Method 19 to provide, as necessary, valid emissions data for a minimum of 90 percent of the hours per calendar quarter and 95 percent of the hours per calendar year the unit is operated and combusting municipal solid waste.

(9) The procedures specified in subsections (9)(a) through (k) of this rule must be used for determining compliance with the operating requirements under OAR 340-230-0320.

(a) Compliance with the carbon monoxide emission limits in OAR 340-230-0320(1) must be determined using a 4-hour block arithmetic average.

(b) The owner or operator of an affected facility must install, calibrate, maintain, and operate a continuous emission monitoring system for measuring carbon monoxide at the combustor outlet and record the output of the system and must follow the procedures and methods specified in paragraphs (9)(a)(A) through (C) of this rule:

(A) The continuous emission monitoring system must be operated according to Performance Specification 4A in Appendix B of 40 CFR 60.

(B) During each relative accuracy test run of the continuous emission monitoring system required by Performance Specification 4A in Appendix B of 40 CFR Part 60, carbon monoxide and oxygen (or carbon dioxide) data must be collected concurrently (or within a 30- to 60-minute period) by both the continuous emission monitors and the test methods specified in subparagraphs (9)(b)(B)(i) and (ii) of this rule. For affected facilities subject to the 100 parts per million dry volume carbon monoxide standard, the relative accuracy criterion of 5 parts per million dry volume is calculated as the absolute value of the mean difference between the reference method and continuous emission monitoring systems.

(i) For carbon monoxide, EPA Reference Methods 10, 10A, or 10B must be used.

(ii) For oxygen (or carbon dioxide), EPA Reference Method 3, 3A, or 3B, or ASME PTC-19-10-1981--Part 10 (incorporated by reference, see 40 CFR 60.17), as applicable, must be used.

(C) The span value of the continuous emission monitoring system must be 125 percent of the maximum estimated hourly potential carbon monoxide emissions of the municipal waste combustor unit.

(c) The 4-hour block daily arithmetic averages specified in subsection (9)(a) of this rule must be calculated from 1-hour arithmetic averages expressed in parts per million by volume corrected to 7 percent oxygen (dry basis). The 1-hour arithmetic averages must be calculated using the data points generated by the continuous emission monitoring system. At least two data points must be used to calculate each 1-hour arithmetic average.

(d) The owner or operator of an affected facility may request that compliance with the carbon monoxide emission limit be determined using carbon dioxide measurements corrected to an equivalent of 7 percent oxygen. The relationship between oxygen and carbon dioxide levels for the affected facility must be established as specified in subsection (2)(e) of this rule.

(e) The procedures specified in paragraphs (9)(e)(A) through (D) of this rule must be used to determine compliance with load level requirements under OAR 340-230-0320(2).

(A) The owner or operator of an affected facility with steam generation capability must install, calibrate, maintain, and operate a steam flow meter or a feedwater flow meter; measure steam (or feedwater) flow in kilograms per hour (or pounds per hour) on a continuous basis; and record the output of the monitor. Steam (or feedwater) flow must be calculated in 4-hour block arithmetic averages.

(B) The method included in the "American Society of Mechanical Engineers Power Test Codes: Test Code for Steam Generating Units, Power Test Code 4.1 -- 1964 (R1991)" section 4 (incorporated by reference, see 40 CFR 60.17) must be used for calculating the steam (or feedwater) flow required under paragraph (9)(c)(A) of this rule. The recommendations in "American Society of Mechanical Engineers Interim Supplement 19.5 on Instruments and Apparatus: Application, Part II of Fluid Meters, 6th edition (1971)," chapter 4 (incorporated by reference -- see 40 CFR 60.17) must be followed for design, construction, installation, calibration, and use of nozzles and orifices except as specified in paragraph (9)(e)(C) of this rule:

(D) All signal conversion elements associated with steam (or feedwater flow) measurements must be calibrated according to the manufacturer's instructions before each dioxin/furan performance test, and at least once per year.

(f) To determine compliance with the maximum particulate matter control device temperature requirements under OAR 340-230-0320(3), the owner or operator of an affected facility must install, calibrate, maintain, and operate a device for measuring on a continuous basis the temperature of the flue gas stream at the inlet to each particulate matter control device utilized by the affected facility. Temperature must be calculated in 4-hour block arithmetic averages.

(g) The maximum demonstrated municipal waste combustor unit load must be determined during the initial performance test for dioxins/furans and each subsequent performance test during which compliance with the dioxin/furan emission limit specified in OAR 340-230-0310(6) is achieved. The maximum demonstrated municipal waste combustor unit load shall be the highest 4-hour arithmetic average load achieved during four consecutive hours during the most recent test during which compliance with the dioxin/furan emission limit was achieved. If a subsequent dioxin/furan performance test is being performed on only one affected facility at the MWC plant, as provided in paragraph (7)(d)(C) of this rule, the owner or operator may elect to apply the same maximum municipal waste combustor unit load from the tested facility for all the similarly designed and operated affected facilities at the MWC plant.

(h) For each particulate matter control device employed at the affected facility, the maximum demonstrated particulate matter control device temperature must be determined during each performance test during which compliance with the dioxin/furan emission limit specified in OAR 340-230-0310(6) is achieved. The maximum demonstrated particulate matter control device temperature shall be the highest 4-hour arithmetic average temperature achieved at the particulate matter control device inlet during four consecutive hours during the most recent test during which compliance with the dioxin/furan limit was achieved. If a subsequent dioxin/furan performance test is being performed on only one affected facility at the MWC plant, as provided in paragraph (7)(d)(C) of this rule, the owner or operator may elect to apply the same maximum particulate matter control device temperature from the tested facility for all the similarly designed and operated affected facilities at the MWC plant.

(i) At a minimum, valid continuous emission monitoring system hourly averages must be obtained as specified in paragraphs (9)(i)(A) and (B) of this rule for at least 90 percent of the operating hours per calendar quarter and 95 percent of the operating hours per calendar year that the affected facility is combusting municipal solid waste.

(A) At least two data points per hour must be used to calculate each 1-hour arithmetic average.

(B) At a minimum, each carbon monoxide 1-hour arithmetic must be corrected to 7-percent oxygen on an hourly basis using the 1-hour arithmetic average of the oxygen (or carbon dioxide) continuous emission monitoring system data.

(j) All valid continuous emission monitoring system data must be used in calculating the parameters specified under section (9) of this rule even if the minimum data requirements of subsection (9)(i) of this rule are not met. When carbon monoxide continuous emission data are not obtained because of continuous emission monitoring system breakdowns, repairs, calibration checks, and zero and span adjustments, emissions data must be obtained using other monitoring systems as approved by the Department or EPA Reference Method 10 to provide, as necessary, the minimum valid emission data.

(k) Quarterly accuracy determinations and daily calibration drift tests for the carbon monoxide continuous emission monitoring system must be performed in accordance with Procedure 1 in appendix F of 40 CFR part 60.

(10) The procedures specified in subsections (10)(a) an (b) of this rule must be used for calculating municipal waste combustor unit capacity as defined by 40 CFR 60.51b.

(a) For municipal waste combustor units capable of combusting municipal solid waste continuously for a 24-hour period, municipal waste combustor unit capacity must be calculated based on 24 hours of operation at the maximum charging rate. The maximum charging rate must be determined as specified in paragraphs (10)(a)(A) and (B) of this rule, as applicable:

(A) For combustors that are designed based on heat capacity, the maximum charging rate must be calculated based on the maximum design heat input capacity of the unit and a heating value of 12,800 kilojoules per kilogram for combustors firing refuse-derived fuel and a heating value of 10,500 kilojoules per kilogram for combustors firing municipal solid waste that is not refuse-derived fuel.

(B) For combustors that are not designed based on heat capacity, the maximum charging rate shall be the maximum design charging rate.

(b) For batch feed municipal waste combustor units, municipal waste combustor unit capacity must be calculated as the maximum design amount of municipal solid waste that can be charged per batch multiplied by the maximum number of batches that could be processed in a 24-hour period. The maximum number of batches that could be processed in a 24-hour period is calculated as 24 hours divided by the design number of hours required to process one batch of municipal solid waste, and may include fractional batches (e.g., if one batch requires 16 hours, then 24/16, or 1.5 batches, could be combusted in a 24-hour period). For batch combustors that are designed based on heat capacity, the design heating value of 12,800 kilojoules per kilogram for combustors firing refuse-derived fuel and a heating value of 10,500 kilojoules per kilogram for combustors firing municipal solid waste that is not refuse-derived fuel must be used in calculating the municipal waste combustor unit capacity in megagrams per day of municipal solid waste.

(11) The procedures specified in subsections (11)(a) through (c) of this rule must be used for determining compliance with the fugitive ash emission limit under OAR 340-0230-0335.

(a) EPA Reference Method 22 must be used for determining compliance with the fugitive ash emission limit under OAR 340-0230-0335. The minimum observation time must be a series of three 1-hour observations. The observation period must include times when the facility is transferring ash from the municipal waste combustor unit to the area where ash is stored or loaded into containers or trucks.

(b) The average duration of visible emissions per hour must be calculated from the three 1-hour observations. The average must be used to determine compliance with OAR 340-0230-0335.

(c) The owner or operator of an affected facility must conduct a performance test for fugitive ash emissions on an annual basis (no more than 12 months following previous performance tests).

(12) The owner or operator of an affected facility where activated carbon injection is used to comply with the mercury emission limit under OAR 340-230-0310(3)(c), and/or the dioxin/furan emission limits under OAR 340-230-0310(6), or the dioxin/furan emission level specified in paragraph (7)(d)(C) of this rule must follow the procedures specified in subsections (12)(a) through (d) of this rule.

(a) During the performance tests for dioxins/furans and mercury, as applicable, the owner or operator must estimate an average carbon mass feed rate based on carbon injection system operating parameters such as the screw feeder speed, hopper volume, hopper refill frequency, or other parameters appropriate to the feed system being employed, as specified in paragraphs (12)(a)(A) and (B) of this rule.

(A) An average carbon mass feed rate in kilograms per hour or pounds per hour must be estimated during each performance test for mercury emissions.

(B) An average carbon mass feed rate in kilograms per hour or pounds per hour must be estimated during each performance test for dioxin/furan emissions. If a subsequent dioxin/furan performance test is being performed on only one affected facility at the MWC plant, as provided in paragraph (7)(d)(C) of this rule, the owner or operator may elect to apply the same estimated average carbon mass feed rate from the tested facility for all the similarly designed and operated affected facilities at the MWC plant.

(b) During operation of the affected facility, the carbon injection system operating parameter(s) that are the primary indicator(s) of the carbon mass feed rate (e.g., screw feeder setting) must be averaged over a block 8-hour period, and the 8-hour average must equal or exceed the level(s) documented during the performance tests specified under paragraphs (12)(a)(A) and (B) of this rule, except as specified in paragraphs (12)(b)(A) and (B) of this rule.

(A) During the annual dioxin/furan or mercury performance test and the 2 weeks preceding the annual dioxin/furan or mercury performance test, no limit is applicable for average mass carbon feed rate if the provisions of paragraph (12)(b)(B) of this rule are met.

(B) The limit for average mass carbon feed rate may be waived in accordance with permission granted by the Administrator for the purpose of evaluating system performance, testing new technology or control technologies, diagnostic testing, or related activities for the purpose of improving facility performance or advancing the state-of-the-art for controlling facility emissions.

(c) The owner or operator must estimate the total carbon usage of the plant (kilograms or pounds) for each calendar quarter by two independent methods, according to the procedures in paragraphs (12)(c)(A) and (B) of this rule.

(A) The weight of carbon delivered to the plant.

(B) Estimate the average carbon mass feed rate in kilograms per hour or pounds per hour for each hour of operation for each affected facility based on the parameters specified under subsection (12)(a) of this rule, and sum the results for all affected facilities at the plant for the total number of hours of operation during the calendar quarter.

(d) Pneumatic injection pressure or other carbon injection system operational indicator must be used to provide additional verification of proper carbon injection system operation. The operational indicator must provide an instantaneous visual and/or audible alarm to alert the operator of a potential interruption in the carbon feed that would not normally be indicated by direct monitoring of carbon mass feed rate (e.g., continuous weight loss feeder) or monitoring of the carbon system operating parameter(s) that are the indicator(s) of carbon mass feed rate (e.g., screw feeder speed). The carbon injection system operational indicator used to provide additional verification of carbon injection system operation, including basis for selecting the indicator and operator response to the indicator alarm, must be included in subsection (5)(f) of this rule of the site-specific operating manual required under OAR 340-230-0330(5).

(13) In place of periodic manual testing of mercury, cadmium, lead, or hydrogen chloride with EPA Reference Method 26, 26A, 29, or as an alternative ASTM D6784-02 (as applicable), affected facilities may elect to install, calibrate, maintain, and operate a continuous emission monitoring system for monitoring emissions discharged to the atmosphere and record the output of the system. The option to use a continuous emission monitoring system for mercury takes effect on the date of approval of the site-specific monitoring plan required in subsection (13)(m) of this rule and section (14) of this rule. The option to use a continuous emission monitoring system for cadmium, lead, or hydrogen chloride takes effect on the date a final performance specification applicable to cadmium, lead, or hydrogen chloride monitor is published in the Federal Register or the date of approval of the site-specific monitoring plan required in subsection (13)(m) of this rule and section (14) of this rule. The owner or operator of an affected facility who elects to continuously monitor emissions instead of conducting manual performance testing must install, calibrate, maintain, and operate a continuous emission monitoring system and must comply with the requirements in subsections (13)(a) through (n) of this rule.

(a) Notify the Administrator one month before starting use of the system.

(b) Notify the Administrator one month before stopping use of the system.

(d) The initial performance evaluation must be completed no later than 180 days after the date of initial startup of the affected facility, as specified under 40 CFR 60.8 or within 180 days of notification to the Administrator of use of the continuous monitoring system if the owner or operator was previously determining compliance by EPA Reference Method 26, 26A, 29, or as an alternative ASTM D6784-02 (as applicable) performance tests, whichever is later.

(e) The owner or operator may request that compliance with the emission limits be determined using carbon dioxide measurements corrected to an equivalent of 7 percent oxygen. The relationship between oxygen and carbon dioxide levels for the affected facility must be established as specified in subsection (2)(e) of this rule.

(f) The owner or operator must conduct an initial performance test for emissions as required under 40 CFR 60.8. Compliance with the emission limits must be determined by using the continuous emission monitoring system specified in section (13) of this rule to measure emissions and calculating a 24-hour block arithmetic average emission concentration using EPA Reference Method 19, section 12.4.1.

(g) Compliance with the emission limits must be determined based on the 24-hour daily (block) average of the hourly arithmetic average emission concentrations using continuous emission monitoring system outlet data.

(h) Beginning on April 28, 2008 for mercury and on the date two years after final performance specifications for cadmium, lead or hydrogen chloride monitors are published in the Federal Register or the date two years after approval of a site-specific monitoring plan, valid continuous monitoring system hourly averages must be obtained as specified in paragraphs (13)(h)(A) and (B) of this rule for at least 90 percent of the operating hours per calendar quarter and 95 percent of the operating hours per calendar year that the affected facility is combusting municipal solid waste.

(A) At least two data points per hour must be used to calculate each 1-hour arithmetic average.

(B) Each 1-hour arithmetic average must be corrected to 7 percent oxygen on an hourly basis using the 1-hour arithmetic average of the oxygen (or carbon dioxide) continuous emission monitoring system data.

(i) The 1-hour arithmetic averages required under subsection (13)(g) of this rule must be expressed in micrograms per dry standard cubic meter for mercury, cadmium, lead and parts per million dry volume for hydrogen chloride corrected to 7 percent oxygen (dry basis) and must be used to calculate the 24-hour daily arithmetic (block) average emission concentrations. The 1-hour arithmetic averages must be calculated using the data points required under 40 CFR 60.13(e)(2).

(j) All valid continuous emission monitoring system data must be used in calculating average emission concentrations even if the minimum continuous emission monitoring system data requirements of subsection (13)(h) of this rule are not met.

(k) The continuous emission monitoring system for mercury must be operated according to Performance Specification 12A in 40 CFR part 60 appendix B or the approved site-specific monitoring plan.

(l) During each relative accuracy test run of the continuous emission monitoring system required by the performance specifications in subsection (13)(k) of this rule, mercury, cadmium, lead, hydrogen chloride, and oxygen (or carbon dioxide) data must be collected concurrently (or within a 30- to 60-minute period) by both the continuous emission monitors and the test methods specified in paragraphs (13)(l)(A) through (C) of this rule.

(A) For mercury, cadmium, and lead, EPA Reference Method 29 or as an alternative ASTM D6784-02 must be used.

(B) For hydrogen chloride, EPA Reference Method 26 or 26A must be used.

(m) The owner or operator who elects to install, calibrate, maintain, and operate a continuous emission monitoring system for mercury, cadmium, lead, or hydrogen chloride must develop and implement a site-specific monitoring plan as specified in section (14) of this rule. The owner or operator who relies on a performance specification may refer to that document in addressing applicable procedures and criteria.

(n) When emissions data are not obtained because of continuous emission monitoring system breakdowns, repairs, calibration checks, and zero and span adjustments, parametric monitoring data must be obtained by using other monitoring systems as approved by EPA.

(14) The owner or operator who elects to install, calibrate, maintain, and operate a continuous emission monitoring system for mercury, cadmium, lead, or hydrogen chloride must develop and submit for approval by EPA, a site-specific mercury, cadmium, lead, or hydrogen chloride monitoring plan that addresses the elements and requirements in subsections (14)(a) through (g) of this rule.

(a) Installation of the continuous emission monitoring system sampling probe or other interface at a measurement location relative to each affected process unit such that the measurement is representative of control of the exhaust emissions (e.g., on or downstream of the last control device).

(b) Performance and equipment specifications for the sample interface, the pollutant concentration analyzer, and the data collection and reduction system.

(d) Provisions for periods when the continuous emission monitoring system is out of control as described in paragraphs (14)(d)(A) through (C) of this rule.

(A) A continuous emission monitoring system is out of control if either of the conditions in subparagraph (14)(d)(A)(i) or (ii) of this rule are met.

(i) The zero (low-level), mid-level (if applicable), or high-level calibration drift exceeds two times the applicable calibration drift specification in the applicable performance specification or in the relevant standard; or

(ii) The continuous emission monitoring system fails a performance test audit (e.g., cylinder gas audit), relative accuracy audit, relative accuracy test audit, or linearity test audit.

(B) When the continuous emission monitoring system is out of control as defined in paragraph (14)(d)(A) of this rule, the owner or operator of the affected source must take the necessary corrective action and must repeat all necessary tests that indicate that the system is out of control. The owner or operator must take corrective action and conduct retesting until the performance requirements are below the applicable limits. The beginning of the out-of-control period is the hour the owner or operator conducts a performance check (e.g., calibration drift) that indicates an exceedance of the performance requirements established under this part. The end of the out-of-control period is the hour following the completion of corrective action and successful demonstration that the system is within the allowable limits. During the period the continuous emission monitoring system is out of control, recorded data shall not be used in data averages and calculations or to meet any data availability requirements in subsection (13)(h) of this rule.

(C) The owner or operator of a continuous emission monitoring system that is out of control as defined in subsection (14)(d) of this rule must submit all information concerning out-of-control periods, including start and end dates and hours and descriptions of corrective actions taken in the annual or semiannual compliance reports required in OAR 340-230-0350(3) or (4).

(e) Ongoing data quality assurance procedures for continuous emission monitoring systems as described in paragraphs (14)(e)(A) and (B) of this rule.

(A) Develop and implement a continuous emission monitoring system quality control program. As part of the quality control program, the owner or operator must develop and submit to EPA for approval, upon request, a site-specific performance evaluation test plan for the continuous emission monitoring system performance evaluation required in paragraph (14)(e)(B) of this rule. In addition, each quality control program must include, at a minimum, a written protocol that describes procedures for each of the operations described in subparagraphs (14)(e)(A)(i) through (vi) of this rule.

(i) Initial and any subsequent calibration of the continuous emission monitoring system;

(ii) Determination and adjustment of the calibration drift of the continuous emission monitoring system;

(iii) Preventive maintenance of the continuous emission monitoring system, including spare parts inventory;

(iv) Data recording, calculations, and reporting;

(v) Accuracy audit procedures, including sampling and analysis methods; and

(vi) Program of corrective action for a malfunctioning continuous emission monitoring system.

(B) The performance evaluation test plan must include the evaluation program objectives, an evaluation program summary, the performance evaluation schedule, data quality objectives, and both an internal and external quality assurance program. Data quality objectives are the pre-evaluation expectations of precision, accuracy, and completeness of data. The internal quality assurance program must include, at a minimum, the activities planned by routine operators and analysts to provide an assessment of continuous emission monitoring system performance, for example, plans for relative accuracy testing using the appropriate reference method. The external quality assurance program must include, at a minimum, systems audits that include the opportunity for on-site evaluation by the Administrator of instrument calibration, data validation, sample logging, and documentation of quality control data and field maintenance activities.

(f) Conduct a performance evaluation of each continuous emission monitoring system in accordance with the site-specific monitoring plan.

(g) Operate and maintain the continuous emission monitoring system in continuous operation according to the site-specific monitoring plan.

(15) In place of periodic manual testing of dioxin/furan or mercury with EPA Reference Method 23, 29, or as an alternative ASTM D6784-02 (as applicable), the owner or operator of an affected facility may elect to install, calibrate, maintain, and operate a continuous automated sampling system for determining emissions discharged to the atmosphere. This option takes effect on the date a final performance specification applicable to such continuous automated sampling systems is published in the Federal Register or the date of approval of a site-specific monitoring plan. The owner or operator of an affected facility who elects to use a continuous automated sampling system to determine emissions instead of conducting manual performance testing must install, calibrate, maintain, and operate the sampling system and conduct analyses in compliance with the requirements specified in subsections (15)(a) through (k) of this rule.

(a) Notify the Administrator one month before starting use of the system.

(b) Notify the Administrator one month before stopping use of the system.

(c) The initial performance evaluation must be completed within 180 days of notification to the Administrator of use of the continuous monitoring system if the owner or operator was previously determining compliance by manual performance testing using Method 23, 29, or as an alternative ASTM D6784-02 (as applicable), whichever is later.

(d) The owner or operator may request that compliance with the emission limits be determined using carbon dioxide measurements corrected to an equivalent of 7 percent oxygen. The relationship between oxygen and carbon dioxide levels for the affected facility must be established as specified in subsection (2)(e) of this rule.

(e) The owner or operator must conduct an initial performance test for emissions as required under 40 CFR 60.8. Compliance with the emission limits must be determined by using the continuous automated sampling system specified in section (15) of this rule to collect integrated samples and analyze emissions for the time period specified in paragraphs (15)(e)(A) and (B) of this rule.

(A) For dioxin/furan, the continuous automated sampling system must collect an integrated sample over each 2-week period. The collected sample must be analyzed using EPA Reference Method 23.

(B) For mercury, the continuous automated sampling system must collect an integrated sample over each 24-hour daily period and the sample must be analyzed according to the applicable final performance specification or the approved site-specific monitoring plan required by section (16) of this rule.

(f) Compliance with the emission limits must be determined based on 2-week emission concentrations for dioxin/furan and on the 24-hour daily emission concentrations for mercury using samples collected at the system outlet. The emission concentrations must be expressed in nanograms per dry standard cubic meter (total mass) for dioxin/furan and micrograms per dry standard cubic meter for mercury, corrected to 7 percent oxygen (dry basis).

(g) Beginning on the date two years after the respective final performance specification for continuous automated sampling systems for dioxin/furan or mercury is published in the Federal Register or two years after approval of a site-specific monitoring plan, the continuous automated sampling system must be operated and collect emissions for at least 90 percent of the operating hours per calendar quarter and 95 percent of the operating hours per calendar year that the affected facility is combusting municipal solid waste.

(h) All valid data must be used in calculating emission concentrations.

(i) The continuous automated sampling system must be operated according to the final performance specification or the approved site-specific monitoring plan.

(j) The owner or operator who elects to install, calibrate, maintain, and operate a continuous automated sampling system for dioxin/furan or mercury must develop and implement a site-specific monitoring plan as specified in section (16) of this rule. The owner or operator who relies on a performance specification may refer to that document in addressing applicable procedures and criteria.

(k) When emissions data are not obtained because of continuous automated sampling system breakdowns, repairs, quality assurance checks, or adjustments, parametric monitoring data must be obtained by using other monitoring systems as approved by EPA.

(16) The owner or operator who elects to install, calibrate, maintain, and operate a continuous automated sampling system for dioxin/furan or mercury must develop and submit for approval by EPA, a site-specific monitoring plan that has sufficient detail to assure the validity of the continuous automated sampling system data and that addresses the elements and requirements in subsections (16)(a) through (g) of this rule.

(a) Installation of the continuous automated sampling system sampling probe or other interface at a measurement location relative to each affected process unit such that the measurement is representative of control of the exhaust emissions (e.g., on or downstream of the last control device).

(b) Performance and equipment specifications for the sample interface, the pollutant concentration analytical method, and the data collection system.

(d) Provisions for periods when the continuous automated sampling system is malfunctioning or is out of control as described in paragraphs (16)(d)(A) through (C) of this rule.

(A) The site-specific monitoring plan must identify criteria for determining that the continuous automated sampling system is out of control. This includes periods when the sampling system is not collecting a representative sample or is malfunctioning, or when the analytical method does not meet site-specific quality criteria established in subsection (16)(e) of this rule.

(B) When the continuous automated sampling system is out of control as defined in paragraph (16)(d)(A) of this rule, the owner or operator must take the necessary corrective action and must repeat all necessary tests that indicate that the system is out of control. The owner or operator must take corrective action and conduct retesting until the performance requirements are within the applicable limits. The out-of-control period includes all hours that the sampling system was not collecting a representative sample or was malfunctioning, or hours represented by a sample for which the analysis did not meet the relevant quality criteria. Emissions data obtained during an out-of-control period shall not be used in determining compliance with the emission limits or to meet any data availability requirements in subsection (15)(h) of this rule.

(C) The owner or operator of a continuous automated sampling system that is out of control as defined in subsection (16)(d) of this rule must submit all information concerning out-of-control periods, including start and end dates and hours and descriptions of corrective actions taken in the annual or semiannual compliance reports required in OAR 340-230-0350(3) or (4).

(e) Ongoing data quality assurance procedures for continuous automated sampling systems as described in paragraphs (16)(e)(A) and (B) of this rule.

(A) Develop and implement a continuous automated sampling system and analysis quality control program. As part of the quality control program, affected facilities must develop and submit to EPA for approval, upon request, a site-specific performance evaluation test plan for the continuous automated sampling system performance evaluation required in paragraph (16)(e)(B) of this rule. In addition, each quality control program must include, at a minimum, a written protocol that describes procedures for each of the operations described in subparagraphs (16)(e)(A)(i) through (vii) of this rule.

(i) Correct placement, installation of the continuous automated sampling system such that the system is collecting a representative sample of gas;

(ii) Initial and subsequent calibration of flow such that the sample collection rate of the continuous automated sampling system is known and verifiable;

(iii) Procedures to assure representative (e.g., proportional or isokinetic) sampling;

(iv) Preventive maintenance of the continuous automated sampling system, including spare parts inventory and procedures for cleaning equipment, replacing sample collection media, or other servicing at the end of each sample collection period;

(v) Data recording and reporting, including an automated indicator and recording device to show when the continuous automated monitoring system is operating and collecting data and when it is not collecting data;

(vi) Accuracy audit procedures for analytical methods; and

(vii) Program of corrective action for a malfunctioning continuous automated sampling system.

(B) The performance evaluation test plan must include the evaluation program objectives, an evaluation program summary, the performance evaluation schedule, data quality objectives, and both an internal and external quality assurance program. Data quality objectives are the pre-evaluation expectations of precision, accuracy, and completeness of data. The internal quality assurance program must include, at a minimum, the activities planned by routine operators and analysts to provide an assessment of continuous automated sampling system performance, for example, plans for relative accuracy testing using the appropriate reference method in subsection (15)(c) of this rule, and an assessment of quality of analysis results. The external quality assurance program must include, at a minimum, systems audits that include the opportunity for on-site evaluation by the Administrator of instrument calibration, data validation, sample logging, and documentation of quality control data and field maintenance activities.

(f) Conduct a performance evaluation of each continuous automated sampling system in accordance with the site-specific monitoring plan.

(g) Operate and maintain the continuous automated sampling system in continuous operation according to the site-specific monitoring plan.

(17) Continuous monitoring for opacity, sulfur dioxide, nitrogen oxides, carbon monoxide,and diluent gases (oxygen or carbon dioxide) must be conducted in accordance with the Department's Continuous Monitoring Manual and the specific requirements of this rule. If at any time there is a conflict between the Department's Continuous Monitoring Manual and the federal requirements contained in 40 CFR 60.13, Appendix B and Appendix F), the federal requirements must govern.

[Publications: Publications & Equation referenced are available from the agency.]

Stat. Auth.: ORS 468.020
Stats. Implemented: ORS 468A.02
Hist.: DEQ 27-1996, f. & cert. ef. 12-11-96; DEQ 14-1999, f. & cert. ef. 10-14-99, Renumbered from 340-025-0990; DEQ 4-2003, f. & cert. ef. 2-06-03

340-230-0350

Recordkeeping and Reporting

(1) The owner or operator of an affected facility subject to the standards contained in OAR 340-230-0310 through 340-230-0335 must maintain records of the information specified in subsections (1)(a) through (l) of this rule , as applicable, for each affected facility for a period of at least 5 years. The information must be available for submittal to the Department or for review onsite by an inspector.

(a) The calendar date of each record.

(b) The emission concentrations and parameters measured using continuous monitoring systems as specified in paragraphs (1)(b)(A) and (B) of this rule:

(A) The measurements specified in subparagraphs (1)(b)(A)(i) through (v) of this rule must be recorded and be available for submittal to the Department or review on-site by Department inspector:

(i) All 6-minute average opacity levels as specified under OAR 340-230-0340(3).

(ii) All 1-hour average sulfur dioxide emission concentrations as specified under OAR 340-230-0340(5).

(iii) All 1-hour average nitrogen oxides emission concentrations as specified under OAR 340-230-0340(8).

(iv) All 1-hour average carbon monoxide emission concentrations, municipal waste combustor unit load measurements (if applicable), and particulate matter control device inlet temperatures as specified under OAR 340-230-0340(9).

(v) For owners and operators who elect to continuously monitor particulate matter, cadmium, lead, mercury, or hydrogen chloride emissions instead of conducting performance testing using EPA manual test methods, all 1-hour average particulate matter, cadmium, lead, mercury, or hydrogen chloride emission concentrations as specified under OAR 340-230-0340(13).

(B) The average concentrations and percent reductions, as applicable, specified in subparagraphs (1)(b)(B)(i) through (vi) of this rule must be computed and recorded, and must be available for submittal to the Department or review on-site by Department inspector.

(i) All 24-hour daily geometric average sulfur dioxide emission concentrations and all 24-hour daily geometric average percent reductions in sulfur dioxide emissions as specified under OAR 340-230-0340(5).

(ii) All 24-hour daily arithmetic average nitrogen oxides emission concentrations as specified under OAR 340-230-0340(8).

(iii) All 4-hour block or 24-hour daily arithmetic average carbon monoxide emission concentrations, as applicable, as specified under OAR 340-230-0340(9).

(iv) All 4-hour block arithmetic average municipal waste combustor unit load levels (if applicable) and particulate matter control device inlet temperatures as specified under OAR 340-230-0340(9).

(v) For owners and operators who elect to continuously monitor particulate matter, cadmium, lead, mercury, or hydrogen chloride emissions instead of conducting performance testing using EPA manual test methods, all 24-hour daily arithmetic average particulate matter, cadmium, lead, mercury, or hydrogen chloride emission concentrations as specified under OAR 340-230-0340(13).

(vi) For owners and operators who elect to use a continuous automated sampling system to monitor mercury or dioxin/furan instead of conducting performance testing using EPA manual test methods, all integrated 24-hour mercury concentrations or all integrated 2-week dioxin/furan concentrations as specified under OAR 340-230-0340(15).

(c) Identification of the calendar dates when any of the average emission concentrations, percent reductions, or operating parameters recorded under subparagraphs (1)(b)(B)(i) through (vi) of this rule, or the opacity levels recorded under subparagraph (1)(b)(A)(i) of this rule are above the applicable limits, with reasons for such exceedances and a description of corrective actions taken.

(d) For affected facilities that apply activated carbon for mercury or dioxin/furan control, the records specified in paragraphs (1)(d)(A) through (E) of this rule:

(A) The average carbon mass feed rate (in kilograms per hour or pounds per hour) estimated as specified under OAR 340-230-0340(12)(a)(A) during each mercury emissions performance test, with supporting calculations.

(B) The average carbon mass feed rate (in kilograms per hour or pounds per hour) estimated as specified under OAR 340-230-0340(12)(a)(B) during each dioxin/furan emissions performance test, with supporting calculations.

(C) The average carbon mass feed rate (in kilograms per hour or pounds per hour) estimated for each hour of operation as specified under OAR 340-230-0340(12)(c)(B), with supporting calculations.

(D) The total carbon usage for each calendar quarter estimated as specified under OAR 340-230-0340(12)(c), with supporting calculations.

(E) Carbon injection system operating parameter data for the parameter(s) that are the primary indicator(s) of carbon feed rate (e.g., screw feeder speed).

(e) Identification of the calendar dates and times (hours) for which valid hourly data specified in paragraphs (1)(e)(A) through (F) of this rule have not been obtained, or continuous automated sampling systems were not operated as specified in paragraph (1)(e)(G) of this rule, including reasons for not obtaining the data and a description of corrective actions taken.

(A) Sulfur dioxide emissions data;

(B) Nitrogen oxides emissions data;

(D) Municipal waste combustor unit load data;

(E) Particulate matter control device temperature data; and

(F) For owners and operators who elect to continuously monitor particulate matter, cadmium, lead, mercury, or hydrogen chloride emissions instead of performance testing by EPA manual test methods, particulate matter, cadmium, lead, mercury, or hydrogen chloride emissions data.

(G) For owners and operators who elect to use continuous automated sampling systems for dioxins/furans or mercury as allowed under OAR 340-230-0340(15) and (16), dates and times when the sampling systems were not operating or were not collecting a valid sample.

(f) Identification of each occurrence that sulfur dioxide emissions data, nitrogen oxides emissions data, particulate matter emissions data, cadmium emissions data, lead emissions data, mercury emissions data, hydrogen chloride emissions data, or dioxin/furan emissions data (for owners and operators who elect to continuously monitor particulate matter, cadmium, lead, mercury, or hydrogen chloride, or who elect to use continuous automated sampling systems for dioxin/furan or mercury emissions, instead of conducting performance testing using EPA manual test methods) or operational data (i.e., carbon monoxide emissions, unit load, and particulate matter control device temperature) have been excluded from the calculation of average emission concentrations or parameters, and the reasons for excluding the data.

(g) The results of daily drift tests and quarterly accuracy determinations for sulfur dioxide, nitrogen oxides, and carbon monoxide continuous emission monitoring systems, as required by 40 CFR part 60 appendix F, procedure 1.

(h) The test reports documenting the results of the initial performance test and all annual performance tests listed in paragraphs (1)(h)(A) and (B) of this rule must be recorded along with supporting calculations:

(A) The results of the initial performance test and all annual performance tests conducted to determine compliance with the particulate matter, opacity, cadmium, lead, mercury, dioxins/furans, hydrogen chloride, and fugitive ash emission limits.

(B) For the initial dioxin/furan performance test and all subsequent dioxin/furan performance tests recorded under paragraph (1)(h)(A) of this rule, the maximum demonstrated municipal waste combustor unit load and maximum demonstrated particulate matter control device temperature (for each particulate matter control device).

(i) An owner or operator who elects to continuously monitor emissions instead of performance testing by EPA manual methods must maintain records specified in paragraphs (1)(i)(A) through (C) of this rule.

(A) For owners and operators who elect to continuously monitor particulate matter instead of conducting performance testing using EPA manual test methods, as required under 40 CFR part 60 appendix F, procedure 2, the results of daily drift tests and quarterly accuracy determinations for particulate matter.

(B) For owners and operators who elect to continuously monitor cadmium, lead, mercury, or hydrogen chloride instead of conducting EPA manual test methods, the results of all quality evaluations, such as daily drift tests and periodic accuracy determinations, specified in the approved site-specific performance evaluation test plan required by OAR 340-230-0340(14)(e).

(C) For owners and operators who elect to use continuous automated sampling systems for dioxin/furan or mercury, the results of all quality evaluations specified in the approved site-specific performance evaluation test plan required by OAR 340-230-0340(16)(e).

(j) Training records specified in paragraphs (1)(j)(A) through (D) of this rule.

(A) Records showing the names of the municipal waste combustor chief facility operator, shift supervisors, and control room operators who have been provisionally certified by the American Society of Mechanical Engineers or an equivalent State-approved certification program as required by OAR 340-230-0330(1), including the dates of initial and renewal certifications and documentation of current certification.

(B) Records showing the names of the municipal waste combustor chief facility operator, shift supervisors, and control room operators who have been fully certified by the American Society of Mechanical Engineers or an equivalent State-approved certification program as required by OAR 340-230-0330(2), including the dates of initial and renewal certifications and documentation of current certification.

(C) Records showing the names of the municipal waste combustor chief facility operator, shift supervisors, and control room operators who have completed the EPA municipal waste combustor operator training course or a State-approved equivalent course as required by OAR 340-230-0330(4), including documentation of training completion.

(D) Records of when a certified operator is temporarily off site. Include two main items:

(i) If the certified chief facility operator and certified shift supervisor are off site for more than 12 hours, but for 2 weeks or less, and no other certified operator is on site, record the dates that the certified chief facility operator and certified shift supervisor were off site.

(ii) When all certified chief facility operators and certified shift supervisors are off site for more than 2 weeks and no other certified operator is on site, keep records of four items:

(I) Time of day that all certified persons are off site.

(II) The conditions that cause those people to be off site.

(III) The corrective actions taken by owner or operator of the affected facility to ensure a certified chief facility operator or certified shift supervisor is on site as soon as practicable.

(IV) Copies of the written reports submitted every 4 weeks that summarize the actions taken by the owner or operator of the affected facility to ensure that a certified chief facility operator or certified shift supervisor will be on site as soon as practicable.

(k) Records showing the names of persons who have completed a review of the operating manual as required by OAR 340-230-0330(6), including the date of the initial review and subsequent annual reviews.

(l) For affected facilities that apply activated carbon for mercury or dioxin/furan control:

(A) Identification of the calendar dates when the average carbon mass feed rates were less than either of the hourly carbon feed rates estimated during performance tests for mercury or dioxin/furan emissions with reasons for such feed rates and a description of corrective actions taken.

(B) Identification of the calendar dates when the carbon injection system operating parameter(s) that are the primary indicator(s) of carbon mass feed rate (e.g., screw feeder speed) recorded under OAR 340-230-0340(12)(a)(A) and (B) are below the level(s) estimated during the performance tests, with reasons for such occurrences and a description of corrective actions taken.

(2) The owner or operator of an affected facility must submit the information specified in subsections (2)(a) through (f) of this rule in a performance test report within 60 days following the completion of each performance test.

(a) The performance test data as recorded under subparagraphs (1)(b)(B)(i) through (iv) of this rule for each performance test for sulfur dioxide, nitrogen oxide, carbon monoxide, municipal waste combustor unit load level, and particulate matter control device inlet temperature.

(b) The test report documenting the performance test recorded under subsection (1)(h) of this rule for particulate matter, opacity, cadmium, lead, mercury, dioxins/furans, hydrogen chloride, fugitive ash emissions.

(c) The performance evaluation of the continuous emission monitoring systems using the applicable performance specifications in 40 CFR 60 appendix B.

(d) The maximum demonstrated municipal waste combustor unit load and maximum demonstrated particulate matter control device inlet temperature(s) established during the dioxin/furan performance test.

(e) For affected facilities that apply activated carbon injection for mercury control, the owner or operator must submit the average carbon mass feed rate recorded during the mercury performance test.

(f) For affected facilities that apply activated carbon injection for dioxin/furan control, the owner or operator must submit the average carbon mass feed rate recorded during the dioxin/furan performance test.

(3) The owner or operator of an affected facility must submit semi-annual reports that includes the information specified in subsections (3)(a) through (e) of this rule, as applicable, no later than July 30 for the first six months of each calendar year and February 1 for the second six months of each calendar year.

(a) A summary of data collected for all pollutants and parameters regulated under this rule, which includes the information specified in paragraphs (3)(a)(A) through (E) of this rule:

(A) A list of the particulate matter, opacity, cadmium, lead, mercury, dioxins/furans, hydrogen chloride, and fugitive ash emission levels achieved during any performance tests conducted during the reporting period.

(B) A list of the highest emission level recorded for sulfur dioxide, nitrogen oxides, carbon monoxide, particulate matter, cadmium, lead, mercury, hydrogen chloride, and dioxin/furan (for owners and operators who elect to continuously monitor particulate matter, cadmium, lead, mercury, hydrogen chloride, and dioxin/furan emissions instead of conducting performance testing using EPA manual test methods), municipal waste combustor unit load level, and particulate matter control device inlet temperature based on the data recorded during the reporting period.

(D) Periods when valid data were not obtained as described in subparagraphs (3)(a)(D)(i) through (iii) of this rule.

(i) The total number of hours per calendar quarter and hours per calendar year that valid data for sulfur dioxide, nitrogen oxides, carbon monoxide, municipal waste combustor unit load, or particulate matter control device temperature data were not obtained based on the data recorded during the reporting period.

(ii) For owners and operators who elect to continuously monitor particulate matter, cadmium, lead, mercury, and hydrogen chloride emissions instead of conducting performance testing using EPA manual test methods, the total number of hours per calendar quarter and hours per calendar year that valid data for particulate matter, cadmium, lead, mercury, and hydrogen chloride were not obtained based on the data recorded during the reporting period. For each continuously monitored pollutant or parameter, the hours of valid emissions data per calendar quarter and per calendar year expressed as a percent of the hours per calendar quarter or year that the affected facility was operating and combusting municipal solid waste.

(iii) For owners and operators who elect to use continuous automated sampling systems for dioxin/furan or mercury, the total number of hours per calendar quarter and hours per calendar year that the sampling systems were not operating or were not collecting a valid sample based on the data recorded during the reporting period. Also, the number of hours during which the continuous automated sampling system was operating and collecting a valid sample as a percent of hours per calendar quarter or year that the affected facility was operating and combusting municipal solid waste.

(E) Periods when valid data were excluded from the calculation of average emission concentrations or parameters as described subparagraphs (3)(a)(E)(i) through (iii) of this rule.

(i) The total number of hours that data for sulfur dioxide, nitrogen oxides, carbon monoxide, municipal waste combustor unit load, and particulate matter control device temperature were excluded from the calculation of average emission concentrations or parameters based on the data recorded during the reporting period.

(ii) For owners and operators who elect to continuously monitor particulate matter, cadmium, lead, mercury, or hydrogen chloride emissions instead of conducting performance testing using EPA manual test methods, the total number of hours that data for particulate matter, cadmium, lead, mercury, or hydrogen chloride were excluded from the calculation of average emission concentrations or parameters based on the data recorded during the reporting period.

(iii) For owners and operators who elect to use continuous automated sampling systems for dioxin/furan or mercury, the total number of hours that data for mercury and dioxin/furan were excluded from the calculation of average emission concentrations or parameters based on the data recorded during the reporting periods.

(b) The summary of data reported under subsection (3)(a) of this rule must also provide the types of data specified in subsection (3)(a)(A) through (E) of this rule for the calendar year preceding the year being reported, in order to provide the Department with a summary of the performance of the affected facility over a 2-year period.

(c) The summary of data including the information specified in subsections (3)(a) and (b) of this rule must highlight any emission or parameter levels that did not achieve the emission or parameter limits specified by OAR 340-230-0310 through 340-230-0320.

(d) A notification of intent to begin the reduced dioxin/furan performance testing schedule specified in OAR 340-230-0340(7)(d)(C) during the following calendar year and notification of intent to apply the average carbon mass feed rate and associated carbon injection system operating parameter levels as established in OAR 340-230-0340(12) to similarly designed and equipped units on site.

(e) Documentation periods when all certified chief facility operators and certified shift supervisors are off site for more than 12 hours.

(4) The owner or operator of an affected facility must submit a semiannual report that includes the information specified in subsections (4)(a) through (e) of this rule for any recorded pollutant or parameter that does not comply with the pollutant or parameter limit by July 30 for the first six months of each calendar year and February 1 for the second six months of each calendar year.

(a) The semiannual report must include information recorded under subsection (1)(c) of this rule for sulfur dioxide, nitrogen oxides, carbon monoxide, particulate matter, cadmium, lead, mercury, hydrogen chloride, dioxin/furan (for owners and operators who elect to continuously monitor particulate matter, cadmium, lead, mercury, or hydrogen chloride, or that elect to use continuous automated sampling systems for dioxin/furan or mercury emissions, instead of conducting performance testing using EPA manual test methods), municipal waste combustor unit load level, particulate matter control device inlet temperature, and opacity.

(b) For each date recorded under subsection (1)(c) of this rule and reported, as required by subsection (4)(a) of this rule, the semiannual report must include the sulfur dioxide, nitrogen oxides, carbon monoxide, municipal waste combustor unit load level, particulate matter control device inlet temperature, or opacity data, as applicable, recorded under subparagraphs (1)(b)(A)(i) and (1)(b)(B)(i) through (iv) of this rule, as applicable.

(c) If the test reports recorded under subsection (1)(h) of this rule document any particulate matter, opacity, cadmium, lead, mercury, dioxins/ furans, hydrogen chloride, and fugitive ash emission levels that were above the applicable pollutant limits, the semiannual report must include a copy of the test report documenting the emission levels and the corrective actions taken.

(d) The semiannual report must include the information recorded under subparagraph (1)(l)(B) of this rule for the carbon injection system operating parameter(s) that are the primary indicator(s) of carbon mass feed rate.

(e) For each operating date reported as required under subsection (4)(d) of this rule, the semiannual report must include the carbon feed rate data recorded under paragraph (1)(d)(C) of this rule.

(5) All reports specified under sections (2) through (4) of this rule must be submitted as a paper copy, postmarked on or before the submittal dates specified, and maintained onsite as a paper copy for a period of 5 years.

(6) All records specified under section (1) of this rule must be maintained onsite in either paper copy or computer-readable format, unless an alternative format is approved by the Department.

(7) If the owner or operator of an affected facility would prefer to select a different annual or semiannual date for submitting the periodic reports required under paragraphs (3) and (4) of this rule, then the dates may be changed in an Oregon Title V Operating Permit by mutual agreement between the owner or operator and the Department according to the procedures specified in 40 CFR 60.19(c).

(8) Owners and operators who elect to continuously monitor particulate matter, cadmium, lead, mercury, or hydrogen chloride, or who elect to use continuous automated sampling systems for dioxin/furan or mercury emissions, instead of conducting performance testing using EPA manual test methods must notify the Administrator one month prior to starting or stopping use of the particulate matter, cadmium, lead, mercury, hydrogen chloride, and dioxin/furan continuous emission monitoring systems or continuous automated sampling systems.

(9) Additional recordkeeping and reporting requirements for affected facilities with continuous cadmium, lead, mercury, or hydrogen chloride monitoring systems. In addition to complying with the requirements specified in sections (1) through (8) of this rule, the owner or operator of an affected source who elects to install a continuous emission monitoring system for cadmium, lead, mercury, or hydrogen chloride as specified in OAR 340-230-0340(13), must maintain the records in subsections (9)(a) through (j) of this rule and report the information in subsections (9)(k) and (l) of this rule, relevant to the continuous emission monitoring system:

(a) All required continuous emission monitoring measurements (including monitoring data recorded during unavoidable continuous emission monitoring system breakdowns and out-of-control periods).

(b) The date and time identifying each period during which the continuous emission monitoring system was inoperative except for zero (low-level) and high-level checks.

(c) The date and time identifying each period during which the continuous emission monitoring system was out of control, as defined in OAR 340-230-0340(14)(d).

(d) The specific identification (i.e., the date and time of commencement and completion) of each period of excess emissions and parameter monitoring exceedances, as defined in the standard, that occurs during startups, shutdowns, and malfunctions of the affected source.

(e) The specific identification (i.e., the date and time of commencement and completion) of each time period of excess emissions and parameter monitoring exceedances, as defined in the standard, that occurs during periods other than startups, shutdowns, and malfunctions of the affected source;

(f) The nature and cause of any malfunction (if known).

(g) The corrective action taken to correct any malfunction or preventive measures adopted to prevent further malfunctions.

(h) The nature of the repairs or adjustments to the continuous emission monitoring system that was inoperative or out of control.

(i) All procedures that are part of a quality control program developed and implemented for the continuous emission monitoring system under OAR 340-230-0340(14).

(j) When more than one continuous emission monitoring system is used to measure the emissions from one affected source (e.g., multiple breechings, multiple outlets), the owner or operator must report the results as required for each continuous emission monitoring system.

(k) Submit to the Department for approval, the site-specific monitoring plan required by OAR 340-230-0340(13)(m) and (14), including the site-specific performance evaluation test plan for the continuous emission monitoring system required by OAR 340-230-0340(14)(e). The owner or operator must maintain copies of the site-specific monitoring plan on record for the life of the affected source to be made available for inspection, upon request, by the Department. If the site-specific monitoring plan is revised and approved, the owner or operator must keep previous (i.e., superseded) versions of the plan on record to be made available for inspection, upon request, by the Department, for a period of 5 years after each revision to the plan.

(l) Submit information concerning all out-of-control periods for each continuous emission monitoring system, including start and end dates and hours and descriptions of corrective actions taken, in the annual or semiannual report required in sections (3) or (4) of this rule.

(10) Additional recordkeeping and reporting requirements for affected facilities with continuous automated sampling systems for dioxin/furan or mercury monitoring. In addition to complying with the requirements specified in sections (1) through (8) of this rule, the owner or operator of an affected facility who elects to install a continuous automated sampling system for dioxin/furan or mercury, as specified in OAR 340-230-0340(16), must maintain the records in subsections (10)(a) through (j) of this rule and report the information in subsections (10)(k) and (l) of this rule, relevant to the continuous automated sampling system:

(a) All required 24-hour integrated mercury concentration or 2-week integrated dioxin/furan concentration data (including any data obtained during unavoidable system breakdowns and out-of-control periods);

(b) The date and time identifying each period during which the continuous automated sampling system was inoperative;

(c) The date and time identifying each period during which the continuous automated sampling system was out of control, as defined in OAR 340-230-0340(16)(d);

(f) The nature and cause of any malfunction (if known);

(g) The corrective action taken to correct any malfunction or preventive measures adopted to prevent further malfunctions;

(h) The nature of the repairs or adjustments to the continuous automated sampling system that was inoperative or out of control;

(i) All procedures that are part of a quality control program developed and implemented for the continuous automated sampling system under OAR 340-230-0340(16);

(j) When more than one continuous automated sampling system is used to measure the emissions from one affected source (e.g., multiple breechings, multiple outlets), the owner or operator must report the results as required for each system.

(k) Submit to the Department for approval, the site-specific monitoring plan required by OAR 340-230-0340(15)(k) and (16) including the site-specific performance evaluation test plan for the continuous emission monitoring system required by OAR 340-230-0340(16)(e). The owner or operator must maintain copies of the site-specific monitoring plan on record for the life of the affected source to be made available for inspection, upon request, by the Department. If the site-specific monitoring plan is revised and approved, the owner or operator must keep previous (i.e., superseded) versions of the plan on record to be made available for inspection, upon request, by the Department, for a period of 5 years after each revision to the plan.

(l) Submit information concerning all out-of-control periods for each continuous automated sampling system, including start and end dates and hours and descriptions of corrective actions taken in the annual or semiannual reports required in sections (3) or (4) of this rule.

(11) For affected facilities installing additional controls, the owner or operator must submit to the Department semi-annual progress reports on July 30 for the first six months of each calendar year and February 1 for the second six months of each calendar year..

(12) The owner or operator of an affected facility subject to OAR 340-230-0300 through 340-230-0350 must maintain records of and submit the following information with any Notice of Construction required by OAR 340-210-0200 through 340-210-0220 or Notice of Approval required by OAR 340-218-0190:

(a) Intent to construct;

(b) Planned initial startup date;

(d) The municipal waste combustor capacity, municipal waste combustor plant capacity, and supporting capacity calculations prepared in accordance with OAR 340-230-0340(10).

[Publications: Publications referenced are available from the agency.]

Stat. Auth.: ORS 468.020
Stats. Implemented: ORS 468A.025
Hist.: DEQ 27-1996, f. & cert. ef. 12-11-96; DEQ 4-2003, f. & cert. ef. 2-06-03DEQ 14-1999, f. & cert. ef. 10-14-99, Renumbered from 340-025-1000; DEQ 4-2003, f. & cert. ef. 2-06-03

340-230-0359

Compliance Schedule

(1) Compliance with the revised April 28, 2009 emission limits in OAR 340-230-0310 is required as expeditiously as practicable, but not later than April 28, 2009, except as provided in section (2) of the rule.

(2) The owner or operator of an affected facility who is planning an extensive emission control system upgrade may petition the Administrator for a longer compliance schedule and must demonstrate to the satisfaction of the Administrator the need for additional time. If approved, the schedule may exceed the schedule in section (1) of this rule, but cannot exceed May 10, 2011.