A B C D E F G H I J K L
1   In SIP                    
2   Not in SIP                    
4   DIVISION 200                    
5   GENERAL AIR POLLUTION PROCEDURES AND DEFINITIONS              
6   340-200-0020                    
7   General Air Quality Definitions                  
8   (7) "Aggregate insignificant emissions" means the annual actual emissions of any regulated air pollutant from one or more designated activities at a source that are less than or equal to the lowest applicable level specified in this section. The total emissions from each designated activity and the aggregate emissions from all designated activities must be less than or equal to the lowest applicable level specified.
9   (a) One ton for total reduced sulfur, hydrogen sulfide, sulfuric acid mist, any Class I or II substance subject to a standard promulgated under or established by Title VI of the Act, and each criteria pollutant, except lead;
10   (b) 120 pounds for lead;                  
12   (31) "Criteria Pollutant" means nitrogen oxides, volatile organic compounds, particulate matter, PM10, PM2.5, sulfur dioxide, carbon monoxide, or lead.        
13   Stat. Auth.: ORS 468.020, 468A.025, 468A.035, 468A.055 & 468A.070              
14   Stats. Implemented: ORS 468A.025 & 468A.035                
15   NOTE: This rule is included in the State of Oregon Clean Air Act Implementation Plan as adopted by the EQC under OAR 340-200-0040.    
17   340-202-0130                    
18   Ambient Air Quality Standard for Lead                  
19   The lead concentration in ambient air as measured by an approved method must not exceed 0.15 micrograms per cubic meter as a maximum arithmetic mean averaged over a calendar quarter, determined by Appendix R, 40 CFR 50.
20   Stat. Auth.: ORS 468 & 468A                  
21   Stats. Implemented: ORS 468A.025                  
22   Hist.: DEQ 85, f. 1-29-75, ef. 2-25-75; DEQ 1-1983, f. & ef. 1-21-83; DEQ 8-1988, f. & cert. ef. 5-19-88 (corrected 9-30-88); DEQ 24-1991, f. & cert. ef. 11-13-91; DEQ 4-1993, f. & cert. ef. 3-10-93; DEQ 14-1999, f. & cert. ef. 10-14-99, Renumbered from 340-031-0055; DEQ 6-2001, f. 6-18-01, cert. ef. 7-1-01; DEQ 5-2010, f. & cert. ef. 5-21-10
23   NOTE: This rule is included in the State of Oregon Clean Air Act Implementation Plan as adopted by the Environmental Quality Commission under OAR 340-200-0040.      
26   340-204-0010                    
27   Definitions                    
28   (5) “Criteria Pollutant” means any of the six pollutants set out by the Clean Air Act (sulfur oxides, particulate matter, ozone, carbon monoxide, nitrogen dioxide, and lead) for which the EPA has promulgated standards in 40 CFR 50.4 through 50.12 (July, 1993).
29   Stat. Auth.: ORS 468.020                  
30   Stats. Implemented: ORS 468A.025                  
31   NOTE: This rule is included in the State of Oregon Clean Air Act Implementation Plan as adopted by the Environmental Quality Commission under OAR 340-200-0040.
33   340-225-0050                    
34   Requirements for Analysis in PSD Class II and Class III Areas                
35   (4) Air Quality Monitoring:                  
36   (a)(A) When referred to this rule by division 224, the owner or operator of a source must submit with the application an analysis of ambient air quality in the area impacted by the proposed project. This analysis, which is subject to the Department's approval, must be conducted for each pollutant potentially emitted at a significant emission rate by the proposed source or modification. The analysis must include continuous air quality monitoring data for any pollutant that may be emitted by the source or modification, except for volatile organic compounds. The data must relate to the year preceding receipt of the complete application and must have been gathered over the same time period. The Department may allow the owner or operator to demonstrate that data gathered over some other time period would be adequate to determine that the source or modification would not cause or contribute to a violation of an ambient air quality standard or any applicable pollutant increment. Pursuant to the requirements of these rules, the owner or operator must submit for the Department's approval, a preconstruction air quality monitoring plan. This plan must be submitted in writing at least 60 days prior to the planned beginning of monitoring and approved in writing by the Department before monitoring begins.
37   (B) Required air quality monitoring must be conducted in accordance with 40 CFR 58 Appendix B, "Quality Assurance Requirements for Prevention of Significant Deterioration (PSD) Air Monitoring" (July 1, 2000) and with other methods on file with the Department.
38   (C) The Department may exempt the owner or operator of a proposed source or modification from preconstruction monitoring for a specific pollutant if the owner or operator demonstrates that the air quality impact from the emissions increase would be less than the amounts listed below or that modeled competing source concentration (plus General Background Concentration) of the pollutant within the Source Impact Area are less than the following significant monitoring concentrations:
39   (vii) Lead; 0.1 ug/m3, 24 hour average;                  
40   ED. NOTE: Tables referenced are available from the agency.]              
41   Publications: Publications referenced are available from the agency.]              
42   Stat. Auth.: ORS 468.020                  
43   Stats. Implemented: ORS 468A                  
44                        
46   340-225-0090                    
47   Requirements for Demonstrating a Net Air Quality Benefit                
48   (2) Non-Ozone areas (PM2.5, PM10, SO2, CO, NOx, and Lead emissions):              
49   Tables for Division 225, Air Quality Analysis Review              
50   Stat. Auth.: ORS 468.020                  
51   Stats. Implemented: ORS 468A.025                  
52   NOTE: This rule is included in the State of Oregon Clean Air Act Implementation Plan as adopted by the EQC under OAR 340-200-0040.    
54   340-228-0430                    
55   WEB Trading Program Applicability                  
56   (1) General Applicability. Except as provided in section (2) of this rule, OAR 340-228-0400 through 340-228-0530 apply to any stationary source or group of stationary sources that are located on one or more contiguous or adjacent properties and that are under the control of the same person or persons under common control, belong to the same industrial grouping, and are described in subsections (a) through (c) of this section. A stationary source or group of stationary sources is considered part of a single industrial grouping if all of the pollutant emitting activities at such source or group of sources on contiguous or adjacent properties belong to the same Major Group (i.e., all have the same two-digit code) as described in the Standard Industrial Classification Manual, 1987.
57   (b) All stationary sources not meeting the criteria of subsection (a) of this rule that have actual SO2 emissions of 100 tons or more per year in the program trigger years or any subsequent year. The fugitive emissions of a stationary source are not considered in determining whether the source is subject to OAR 340-228-0400 through 340-228-0530 unless the source belongs to one of the following categories of stationary source:
58   (xvi) Primary lead smelters;                  
59   Stat. Auth.: ORS 468.020                  
60   Stats. Implemented: ORS 468A.035                  
61   [NOTE: This rule is included in the State of Oregon Clean Air Act Implementation Plan as adopted by the EQC under OAR 340-200-0040.]    
63   340-230-0310                    
64   Emissions Limitations                  
65   (3) Municipal Waste Combustor Metals:                  
66   (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.
67   Stat. Auth.: ORS 468.020                  
68   Stats. Implemented: ORS 468A.025                  
69                        
71   340-230-0340                    
72   Monitoring and Testing                  
73   (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).
74   (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).
75   (C) EPA Reference Method 29 must be used for determining compliance with the cadmium and lead emission limits.          
76   (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.  
77   (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.
78   (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.
79   (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).
80   (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.
81   (c) In place of cadmium and lead 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 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.
83   (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.
84   (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.
85   (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.  
86   (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).
87   (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.
88   [ED NOTE: Equations referenced are available from the agency.]              
89   [Publications: Publications referenced are available from the agency.]              
90   Stat. Auth.: ORS 468.020                  
91   Stats. Implemented: ORS 468A.02                  
92                        
94   340-238-0060                    
95   Federal Regulations Adopted by Reference                
96   (3) 40 CFR Part 60 Subparts adopted by this rule are titled as follows:              
97   (r) Subpart L — Secondary lead smelters;                
98   (y) Subpart R — Primary lead smelters;                
99   (pp) Subpart KK — Lead-acid battery manufacturing plants;              
100   Stat. Auth.: ORS 468.020                  
101   Stats. Implemented: ORS 468A.025                  
102                        
104   340-244-0220                    
105   Federal Regulations Adopted by Reference                
106   (5) 40 CFR Part 63 Subparts adopted by this rule are titled as follows:              
107   (q) Subpart X — Secondary Lead Smelting;                
108   (ddd) Subpart TTT — Primary Lead Smelting;                
109   (jjjjj) Subpart PPPPPP — Area Sources: Lead Acid Battery Manufacturing;            
110   Stat. Auth.: ORS 468.020                  
111   Stats. Implemented: ORS 468A.025                  
112                        
114   TABLE 1                    
115   (OAR 340-244-0040)                  
116   LIST OF HAZARDOUS AIR POLLUTANTS                
117   0 Lead Compounds                  
118   Stat. Auth.: ORS 468.020 & 468A.025                  
119   Stats. Implemented: ORS 468A.040                  
120                        
122   TABLE 3                    
123   (OAR 340-244-0230)                  
124   LIST OF REGULATED TOXIC AND FLAMMABLE SUBSTANCES FOR PURPOSES OF ACCIDENTAL RELEASE PREVENTION    
125   Part A - Regulated Toxic Substances                
126   CAS Number Chemical Name Threshold Quantity (lbs.)                
127   75-74-1 Tetramethyllead [Plumbane, tetramethyl-] 10,000                
128   Stat. Auth.: ORS 468.020 & 468A.310                  
129   Stats. Implemented: ORS 468A.025                  
130                        
132   340-246-0090                    
133   Ambient Benchmarks for Air Toxics                  
134   (3) Ambient Benchmarks. Benchmark concentrations are in units of micrograms of air toxic per cubic meter of ambient air, on an average annual basis. The Chemical Abstract Service Registry Number (CASRN) is shown in parentheses.
135   (cc) The ambient benchmark for lead and lead compounds (7439-92-1) is 0.15 micrograms per cubic meter.        
136   Stat. Auth.: ORS 468.035, 468A.010(1) & 468A.015                
137   Stats. Implemented:                  
138                        
140   DIVISION 250                    
141   GENERAL CONFORMITY                  
142   340-250-0020                    
143   Applicability                    
144   (1) Conformity determinations for federal actions in a nonattainment area or maintenance area related to transportation plans, programs, and projects developed, funded, or approved under title 23 U.S.C. or the Federal Transit Laws (49 U.S.C. Chapter 53 ) must meet the procedures and criteria for transportation conformity as set forth in OAR 340 division 252, in lieu of the procedures set forth in this division.
145   (2) For federal actions in a nonattainment area or maintenance area not covered by section (1) of this rule, a conformity determination is required for each pollutant where the total of direct and indirect emissions caused by a federal action would equal or exceed any of the rates in sections (3)(a) and (b) of this rule.
146   (3) The following emission rates apply to federal actions pursuant to section (2) of this rule:          
147   (a) For nonattainment areas: Pollutant -- Tons per year:                
148   (D) PM10:                    
149   (iii) Pb: All NAAs -- 25.                  
150   (b) For maintenance areas: Pollutant -- Tons per Year:                
151   (E) Pb: All maintenance areas -- 25.                  
152                        
154   340-250-0030                    
155   Definitions                    
156   (22) "National ambient air quality standards" or "NAAQS" means those standards established pursuant to Section 109 of the Act and include standards for carbon monoxide (CO), lead (Pb), nitrogen dioxide (NO2), ozone, particulate matter (PM10), and sulfur dioxide (SO2).
157   Stat. Auth.: ORS 468.020 & ORS468A.035                
158   Stats. Implemented: ORS 468A.035                  
159   [NOTE: This rule is included in the State of Oregon Clean Air Act Implementation Plan as Adopted by the Environmental Quality Commission under OAR 340-200-0040.]
161   340-258-0170                    
162   Oxygenated Gasoline Blending                  
163   (2) Only an oxygenate that is found to be acceptable under EPA's "substantially similar" ruling may be used in gasoline containing lead to meet the oxygenate requirements of OAR 340-258-0110 through 340-258-0310.
164   (3) The requirements of this rule do not affect the blending into leaded gasoline of a compound that does not require an EPA waiver or an EPA "substantially similar" ruling.
165   Stat. Auth.: ORS 468A                  
166   Stats. Implemented: ORS 468A.420                  
167   NOTE: This rule is included in the State of Oregon Clean Air Act Implementation Plan as adopted by the Environmental Quality Commission under OAR 340-200-0040.]
169   340-262-0900                    
170   Materials Prohibited from Burning                  
171   No person may cause or allow any of the following materials to be burned in a solid fuel burning device, fireplace, a trash burner or any other device described in ORS 468A.485(4)(b):
172   (1)(a) Garbage;                    
173   (j) Products containing lead, mercury or other heavy or toxic metals;              
174   Stat. Auth.: ORS 468 & 468A                  
175   Stats. Implemented: ORS 468A.460 - 468A.515                

Lead in OARs

  A B C D E F G H I J K L M N O
1   In SIP                          
2   Not in SIP                          
5   340-200-0020                          
6   General Air Quality Definitions                      
7   (31) "Criteria Pollutant" means nitrogen oxides, volatile organic compounds, particulate matter, PM10, PM2.5, sulfur dioxide, carbon monoxide, or lead.        
9   (72) "Major Source":                        
10   (a) Except as provided in subsection (b) of this section, means a source that emits, or has the potential to emit, any regulated air pollutant at a Significant Emission Rate. The fugitive emissions and insignificant activity emissions of a stationary source are considered in determining whether it is a major source. Potential to emit calculations must include emission increases due to a new or modified source and may include emission decreases.
11   (b) As used in OAR 340 division 210, Stationary Source Notification Requirements, OAR 340 division 218, rules applicable to sources required to have Oregon Title V Operating Permits, OAR 340 division 220, Oregon Title V Operating Permit Fees, and 340-216-0066 Standard ACDPs, means any stationary source (or any group of stationary sources that are located on one or more contiguous or adjacent properties and are under common control of the same person (or persons under common control)) belonging to a single major industrial grouping or supporting the major industrial group and that is described in paragraphs (A), (B), (C) or (D) of this subsection. For the purposes of this subsection, a stationary source or group of stationary sources is considered part of a single industrial grouping if all of the pollutant emitting activities at such source or group of sources on contiguous or adjacent properties belong to the same Major Group (i.e., all have the same two-digit code) as described in the Standard Industrial Classification Manual (U.S. Office of Management and Budget, 1987) or support the major industrial group.
12   (D) A major stationary source as defined in part D of Title I of the Act, including:                
13   (i) For ozone nonattainment areas, sources with the potential to emit 100 tpy or more of VOCs or oxides of nitrogen in areas classified as "marginal" or "moderate," 50 tpy or more in areas classified as "serious," 25 tpy or more in areas classified as "severe," and 10 tpy or more in areas classified as "extreme"; except that the references in this paragraph of this subsection to 100, 50, 25, and 10 tpy of nitrogen oxides do not apply with respect to any source for which the Administrator has made a finding, under section 182(f)(1) or (2) of the Act, that requirements under section 182(f) of the Act do not apply;
15   (77) "Nitrogen Oxides" or "NOx" means all oxides of nitrogen except nitrous oxide.                
17   (86) “Ozone Precursor” means nitrogen oxides and volatile organic compounds as measured by an applicable reference method in accordance with the Department's Source Sampling Manual(January, 1992) or as measured by an EPA reference method in 40 CFR Part 60, appendix A or as measured by a material balance calculation for VOC as appropriate.
19   (97) "PM2.5":                          
20   (b) When used in the context of PM2.5 precursor emissions, means sulfur dioxide (SO2) and nitrogen oxides (NOx) emitted to the ambient air as measured by EPA reference methods in 40 CFR Part 60, appendix A.
22   (106) "Regulated air pollutant" or "Regulated Pollutant":                    
23   (a) Except as provided in subsections (b) and(c) of this section, means:                  
24   (A) Nitrogen oxides or any VOCs;                      
25   (B) Any pollutant for which a national ambient air quality standard has been promulgated, including any precursors to such pollutants;          
26   (C) Any pollutant that is subject to any standard promulgated under section 111 of the Act;              
27   (D) Any Class I or II substance subject to a standard promulgated under or established by Title VI of the Act;            
28   (E) Any pollutant listed under OAR 340-244-0040 or 340-244-0230; and                  
29   (F) Greenhouse Gases.                        
30   (b) As used in OAR 340 division 220, regulated pollutant means particulates, volatile organic compounds, oxides of nitrogen and sulfur dioxide.        
31   (c) As used in OAR 340 division 224, regulated pollutant does not include any pollutant listed in divisions 244 and 246, unless the pollutant is listed in OAR 340 division 200 Table 2 (significant emission rates).
33   (120) "Section 182(f)" means subsection 182(f) of the FCAA which requires states to include plan provisions in the State Implementation Plan for NOx in ozone nonattainment areas.    
35   (121) "Section 182(f)(1)" means subsection 182(f)(1) of the FCAA which requires states to apply those plan provisions developed for major VOC sources and major NOx sources in ozone nonattainment areas.
37   (132) "Significant Air Quality Impact" means an additional ambient air quality concentration equal to or greater than in the concentrations listed in Table 1. The threshold concentrations listed in Table 1 are used for comparison against the ambient air quality standard and do not apply for protecting PSD Class I increments or air quality related values (including visibility). For sources of VOC or NOx, a major source or major modification has a significant impact if it is located within the Ozone Precursor Distance defined in OAR 340-225-0020.
39   TABLE 1                          
40   OAR 340-200-0020                        
41   SIGNIFICANT AIR QUALITY IMPACT                    
43   Stat. Auth.: ORS 468.020, 468A.025, 468A.035, 468A.055 & 468A.070                  
44   Stats. Implemented: ORS 468A.025 & 468A.035                    
45   NOTE: This rule is included in the State of Oregon Clean Air Act Implementation Plan as adopted by the EQC under OAR 340-200-0040.        
48   340-200-0025                          
49   Abbreviations and Acronyms                      
50   (71) "NOx" means nitrogen oxides.                      
51   Stat. Auth.: ORS 468.020                        
52   Stats. Implemented: ORS 468A                      
56   DIVISION 202                          
57   AMBIENT AIR QUALITY STANDARDS AND PSD INCREMENTS                  
58   340-202-0010                          
59   Definitions                          
60   (4) "Baseline Concentration" means:                      
61   (b) The ambient concentration level for nitrogen oxides that existed in an area during the calendar year 1988.            
62   Stat. Auth.: ORS 468A                        
63   Stats. Implemented: ORS 468A.025                      
64   NOTE: This rule is included in the State of Oregon Clean Air Act Implementation Plan as adopted by the Environmental Quality Commission under OAR 340-200-0040.    
66   340-202-0100                          
67   Nitrogen Dioxide                        
68   Concentrations of nitrogen dioxide in ambient air as measured by an approved method must not exceed 0.053 ppm as an annual arithmetic mean at any site.      
69   [NOTE: This rule is included in the State of Oregon Clean Air Act Implementation Plan as adopted by the Environmental Quality Commission under OAR 340-200-0040.]    
70   Stat. Auth.: ORS 468 & ORS 468A                      
71   Stats. Implemented: ORS 468A.025                      
72   Hist.: DEQ 37, f. 2-15-72, ef. 3-1-72; DEQ 8-1988, f. & cert. ef. 5-19-88 (corrected 9-30-88); DEQ 24-1991, f. & cert. ef. 11-13-91; DEQ 4-1993, f. & cert. ef. 3-10-93; DEQ 14-1999, f. & cert. ef. 10-14-99, Renumbered from 340-031-0040; DEQ 6-2001, f. 6-18-01, cert. ef. 7-1-01
75   OAR 340-202-0210 Table 1 MAXIMUM ALLOWABLE INCREASE Micrograms per cubic meter          
77   DIVISION 204                          
78   DESIGNATION OF AIR QUALITY AREAS                      
79   340-204-0010                          
80   Definitions                          
81   The definitions in OAR 340-200-0020 and this rule apply to this division. If the same term is defined in this rule and 340-200-0020, the definition in this rule applies to this division. Definitions of boundaries in this rule also apply to OAR 340 division 200 through 268 and throughout the State of Oregon Clean Air Act Implementation Plan adopted under 340-200-0040.
82   (5) “Criteria Pollutant” means any of the six pollutants set out by the Clean Air Act (sulfur oxides, particulate matter, ozone, carbon monoxide, nitrogen dioxide, and lead) for which the EPA has promulgated standards in 40 CFR 50.4 through 50.12 (July, 1993).
83   Stat. Auth.: ORS 468.020                        
84   Stats. Implemented: ORS 468A.025                      
85   NOTE: This rule is included in the State of Oregon Clean Air Act Implementation Plan as adopted by the Environmental Quality Commission under OAR 340-200-0040.    
87   DIVISION 206                          
88   AIR POLLUTION EMERGENCIES                      
89   340-206-0010                          
90   Introduction                          
91   (5) For nitrogen dioxide (NO2):                      
92   (a) 2.0 ppm, 1-hour average.                        
93   (b) 0.5 ppm, 24-hour average.                      
94   Stat. Auth.: ORS 468.020                        
95   Stats. Implemented: ORS 468A.025                      
96   NOTE: This rule is included in the State of Oregon Clean Air Act Implementation Plan as adopted by the Environmental Quality Commission under OAR 340-200-0040.    
99   340-206-0030                          
100   Episode Stage Criteria for Air Pollution Emergencies                    
101   (2) "Air Pollution Alert" condition indicates that air pollution levels are significantly above standards but there is no immediate danger of reaching the level of significant harm. Monitoring should be intensified and readiness to implement abatement actions should be reviewed. At the Air Pollution Alert level the public is to be kept informed of the air pollution conditions and of potential activities to be curtailed should it be necessary to declare a warning or higher condition. An Air Pollution Alert condition is a state of readiness. When the conditions in both subsections (a) and (b) of this section are met, an Air Pollution Alert will be declared and all appropriate actions described in Tables 1 and 4 shall be implemented:
102   (a) Meteorological dispersion conditions are not expected to improve during the next 24 or more hours;              
103   (b) Monitored pollutant levels at any monitoring site exceed any of the following:                
104   (E) Nitrogen dioxide:                        
105   (i) 0.6 ppm -- 1-hour average; or                      
106   (ii) 0.15 ppm -- 24-hour average.                      
108   (3) "Air Pollution Warning" condition indicates that pollution levels are very high and that abatement actions are necessary to prevent these levels from approaching the level of significant harm. At the Air Pollution Warning level substantial restrictions may be required limiting motor vehicle use and industrial and commercial activities. When the conditions in both subsections (a) and (b) of this section are met, an Air Pollution Warning will be declared by the Department and all appropriate actions described in Tables 2 and 4 shall be implemented:
109   (a) Meteorological dispersion conditions are not expected to improve during the next 24 or more hours;              
110   (b) Monitored pollutant levels at any monitoring site exceed any of the following:                
111   (E) Nitrogen dioxide:                        
112   (i) 1.2 ppm -- 1-hour average; or                      
113   (ii) 0.3 ppm -- 24-hour average.                      
115   (4) "Air Pollution Emergency" condition indicates that air pollutants have reached an alarming level requiring the most stringent actions to prevent these levels from reaching the level of significant harm to the health of persons. At the Air Pollution Emergency level extreme measures may be necessary involving the closure of all manufacturing, business operations and vehicle traffic not directly related to emergency services. Pursuant to ORS 468.115, when the conditions in both subsections (a) and (b) of this section are met, an air pollution emergency will be declared by the Department and all appropriate actions described in Tables 3 and 4 shall be implemented:
116   (a) Meteorological dispersion conditions are not expected to improve during the next 24 or more hours;              
117   (b) Monitored pollutant levels at any monitoring site exceed any of the following:                
119   (E) Nitrogen dioxide:                        
120   (i) 1.6 ppm -- 1-hour average; or                      
121   (ii) 0.4 ppm -- 24-hour average.                      
122   (5) "Termination": Any air pollution episode condition (Alert, Warning or Emergency) established by these criteria may be reduced to a lower condition when the elements required for establishing the higher conditions are no longer observed.
123   Stat. Auth.: ORS 468 & 468A                        
124   Stats. Implemented: ORS 468A.025                      
125   NOTE: This rule is included in the State of Oregon Clean Air Act Implementation Plan as adopted by the Environmental Quality Commission under OAR 340-200-0040.    
128   340-206-0050                          
129   Source Emission Reduction Plans                      
130   (3) Municipal and county governments or other governmental body having jurisdiction in nonattainment areas where ambient levels of carbon monoxide, ozone or nitrogen dioxide qualify for Priority I ACQR classification, shall cooperate with the Department in developing a traffic control plan to be implemented during air pollution episodes of motor vehicle related emissions. Such plans shall implement the actions required by Tables 1, 2 and 3 of this Division and shall be consistent with good traffic management practice and public safety.
131   [NOTE: This rule is included in the State of Oregon Clean Air Act Implementation Plan as adopted by the Environmental Quality Commission under OAR 340-200-0040.]    
132   Stat. Auth.: ORS 468 & ORS 468A                       
133   Stats. Implemented: ORS 468A.025                       
136   340-218-0040                          
137   Permit Applications                        
138   (1) Duty to apply. For each Oregon Title V Operating Permit program source, the owner or operator must submit a timely and complete permit application in accordance with this rule:    
139   (a) Timely application:                        
140   (E) Applications for initial phase II acid rain permits shall be submitted to the Department by January 1, 1996 for sulfur dioxide, and by January 1, 1998 for nitrogen oxides;    
141   Stat. Auth.: ORS 468 & 468A                       
142   Stats. Implemented: ORS 468 & 468A                       
143                              
145   340-220-0100                          
146   Emission Reporting                        
147   (1) Using a form(s) developed by the Department the owner or operator must report the following emissions:            
148   (c) Oxides of Nitrogen (NOx) as Nitrogen Dioxide (NO2);                    
149   Stat. Auth.: ORS 468.020                        
150   Stats. Implemented: ORS 468A.025                      
151                              
153   DIVISION 225                          
154   AIR QUALITY ANALYSIS REQUIREMENTS                      
155   340-225-0020                          
156   Definitions                          
157   (3) "Baseline Concentration" means:                      
158   (b) The ambient concentration level for nitrogen oxides that existed in an area during the calendar year 1988.            
159   Tables for Division 225, Air Quality Analysis Review                  
160   Stat. Auth.: ORS 468.020                        
161   Stats. Implemented: ORS 468A                      
162                              
164   340-225-0050                          
165   Requirements for Analysis in PSD Class II and Class III Areas                  
166   (4) Air Quality Monitoring:                        
167   (a)(A) When referred to this rule by division 224, the owner or operator of a source must submit with the application an analysis of ambient air quality in the area impacted by the proposed project. This analysis, which is subject to the Department's approval, must be conducted for each pollutant potentially emitted at a significant emission rate by the proposed source or modification. The analysis must include continuous air quality monitoring data for any pollutant that may be emitted by the source or modification, except for volatile organic compounds. The data must relate to the year preceding receipt of the complete application and must have been gathered over the same time period. The Department may allow the owner or operator to demonstrate that data gathered over some other time period would be adequate to determine that the source or modification would not cause or contribute to a violation of an ambient air quality standard or any applicable pollutant increment. Pursuant to the requirements of these rules, the owner or operator must submit for the Department's approval, a preconstruction air quality monitoring plan. This plan must be submitted in writing at least 60 days prior to the planned beginning of monitoring and approved in writing by the Department before monitoring begins.
168   (C) The Department may exempt the owner or operator of a proposed source or modification from preconstruction monitoring for a specific pollutant if the owner or operator demonstrates that the air quality impact from the emissions increase would be less than the amounts listed below or that modeled competing source concentration (plus General Background Concentration) of the pollutant within the Source Impact Area are less than the following significant monitoring concentrations:
169   (ii) Nitrogen dioxide; 14 ug/m3, annual average;                    
170   Stat. Auth.: ORS 468.020                        
171   Stats. Implemented: ORS 468A                      
172                              
174   Alternative Emission Controls                      
175   340-226-0400                          
176   Alternative Emission Controls (Bubble)                      
177   (1) Alternative emission controls for VOC and NOx emissions may be approved in a Standard ACDP or Oregon Title V Operating Permit for use within a single source such that a specific emission limit is exceeded, provided that:
178   NOTE: This rule is included in the State of Oregon Clean Air Act Implementation Plan as adopted by the EQC under OAR 340-200-0040.]        
179   Stat. Auth.: ORS 468 & ORS 468A                      
180   Stats. Implemented: ORS 468 & ORS 468A                      
183   DIVISION 228                          
184   REQUIREMENTS FOR FUEL BURNING EQUIPMENT AND FUEL SULFUR CONTENT                
185   340-228-0602                          
186   Definitions                          
187   (1) "Acid rain emissions limitation" means a limitation on emissions of sulfur dioxide or nitrogen oxides under the Acid Rain Program.          
188   (2) "Acid Rain Program" means a multi-state sulfur dioxide and nitrogen oxides air pollution control and emission reduction program established by the Administrator under title IV of the CAA and 40 CFR parts 72 through 78.
189   Stat. Auth.: ORS 468.020 & 468A.310                      
190   Stats. Implemented: ORS 468A.025                      
191                              
193   340-228-0603                          
194   Measurements, Abbreviations, and Acronyms                    
195   Measurements, abbreviations, and acronyms used in this part are defined as follows:                
196   (14) NOX-nitrogen oxides.                        
197   Stat. Auth.: ORS 468.020 & 468A.310                      
198   Stats. Implemented: ORS 468A.025                      
199                              
201   DIVISION 230                          
202   INCINERATOR REGULATIONS                      
203   340-230-0310                          
204   Emissions Limitations                        
205   (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.        
206   Stat. Auth.: ORS 468.020                        
207   Stats. Implemented: ORS 468A.025                      
208                              
211   340-230-0340                          
212   Monitoring and Testing                        
213   (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.
214   (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.
216   (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.  
217   (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.
218   (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.
219   (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.
220   (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.
221   (A) At least 2 data points per hour must be used to calculate each 1-hour arithmetic average.              
222   (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.
223   (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).
224   (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.
225   (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.
226   (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.
227   (i) For nitrogen oxides, EPA Reference Methods 7, 7A, 7C, 7D, or 7E must be used.                
228   (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.      
229   (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.  
230   (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.      
231   (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.
233   (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.
234   Stat. Auth.: ORS 468.020                        
235   Stats. Implemented: ORS 468A.02                      
236                              
238   340-230-0350                          
239   Recordkeeping and Reporting                      
240   (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.
241   (b) The emission concentrations and parameters measured using continuous monitoring systems as specified in paragraphs (1)(b)(A) and (B) of this rule:      
242   (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:  
243   (iii) All 1-hour average nitrogen oxides emission concentrations as specified under OAR 340-230-0340(8).              
244   (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.
245   (ii) All 24-hour daily arithmetic average nitrogen oxides emission concentrations as specified under OAR 340-230-0340(8).          
246   (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.
247   (B) Nitrogen oxides emissions data;                      
248   (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.
249   (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.
251   (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.
252   (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:    
253   (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.
254   (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.
256   (D) Periods when valid data were not obtained as described in subparagraphs (3)(a)(D)(i) through (iii) of this rule.            
257   (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.
259   (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.    
260   (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.
262   (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.
263   (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.
264   (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.
265   Stat. Auth.: ORS 468.020                        
266   Stats. Implemented: ORS 468A.025                      
267                              
270   340-230-0383                          
271   Continuous Emission Monitoring                      
272   (2) What continuous emission monitoring systems (CEMS) must be installed and its use:                
273   (a) The owner or operator must install, calibrate, maintain, and operate continuous emission monitoring systems for oxygen or carbon dioxide, sulfur dioxide, and carbon monoxide. If it is a Class I municipal waste combustion unit, also install, calibrate, maintain, and operate a continuous emission monitoring system for nitrogen oxides. Install the continuous emission monitoring systems for sulfur dioxide, nitrogen oxides, and oxygen or carbon dioxide at the outlet of the air pollution control device.
274   (b) The owner or operator must install, evaluate, and operate each continuous emission monitoring system in accordance with 40 CFR Part 60.13.        
275   (c) The owner or operator must monitor the oxygen or carbon dioxide concentration at each location where sulfur dioxide and carbon monoxide is monitored. Also, if there is a Class I municipal waste combustion unit, the owner or operator must monitor the oxygen or carbon dioxide concentration at the location where nitrogen oxides is monitored.
276   (g) Use of data from continuous emission monitoring systems. The owner or operator must use data from the continuous emission monitoring systems for sulfur dioxide, nitrogen oxides, and carbon monoxide to demonstrate continuous compliance with the applicable emission limits specified in OAR 340-230-0380(1) and (2). To demonstrate compliance for dioxins/furans, cadmium, lead, mercury, particulate matter, opacity, hydrogen chloride, and fugitive ash, see OAR 340-230-0385(2).
278   (3) Continuous Emissions Monitoring Systems QA/QC. The owner or operator must:                
279   (a) Conduct initial, daily, quarterly, and annual evaluations of the continuous emission monitoring systems that measure oxygen or carbon dioxide, sulfur dioxide, nitrogen oxides (Class I municipal waste combustion units only), and carbon monoxide.
280   (b) Complete the initial evaluation of the continuous emission monitoring systems within 180 days after the final compliance date.          
281   (c) For initial and annual evaluations, collect data concurrently (or within 30 to 60 minutes) using the oxygen or carbon dioxide continuous emission monitoring system, the sulfur dioxide, nitrogen oxides, or carbon monoxide continuous emission monitoring systems, as appropriate, and the appropriate test methods specified.
282   (A) For nitrogen oxides (Class I units only) use Method 7, 7A, 7B, 7C, 7D, or 7E in Appendix A of 40 CFR Part 60 to validate pollutant concentration levels. Use Method 3 or 3A in Appendix A of 40 CFR Part 60 to measure oxygen (or carbon dioxide).
284   (d) Collect the data during each initial and annual evaluation of the continuous emission monitoring systems following the applicable performance specifications in appendix B 40 CFR Part 60. Use the performance specifications that apply to each continuous emission monitoring system.
285   (B) Nitrogen Oxides (Class I units only). Use a span value at the control device outlet: 125 percent of the maximum expected hourly potential nitrogen oxides emissions of the municipal waste combustion unit and Performance Specification 2 in Appendix B of 40 CFR Part 60. Use Method 7E in Appendix A of 40 CFR Part 60 to collect data if needed to meet minimum data requirements.
287   (7) The owner or operator must obtain the minimum data requirements as follows:                
288   (a) Where continuous emission monitoring systems are required, obtain 1-hour arithmetic averages. Make sure the averages for sulfur dioxide, nitrogen oxides (Class I municipal waste combustion units only), and carbon monoxide are in parts per million by dry volume at 7 percent oxygen (or the equivalent carbon dioxide level). Use the 1-hour averages of oxygen (or carbon dioxide) data from the continuous emission monitoring system to determine the actual oxygen (or carbon dioxide) level and to calculate emissions at 7 percent oxygen (or the equivalent carbon dioxide level).
290   (8) Converting 1-hour arithmetic averages into averaging times. The owner or operator must:              
291   (c) If operating a Class I municipal waste combustion unit, use EPA Reference Method 19 in Appendix A-7 of 40 CFR Part 60, to calculate the daily arithmetic average for concentrations of nitrogen oxides.
292   Stat. Auth.: ORS 468.020                        
293   Stats. Implemented: ORS 468A.025                      
294                              
296   340-230-0385                          
297   Stack Testing                          
298   (2) Use of stack test data. The owner or operator must use results of stack tests for dioxins/furans, cadmium, lead, mercury, particulate matter, opacity, hydrogen chloride, and fugitive ash to demonstrate compliance with the applicable emission limits in OAR 340-230-0380(1) and (2). To demonstrate compliance for carbon monoxide, nitrogen oxides, and sulfur dioxide, see 340-230-0383(2)(g).
299   Stat. Auth.: ORS 468.020                        
300   Stats. Implemented: ORS 468A.025                      
301                              
303   340-230-0390                          
304   Recordkeeping                        
305   (5) Continuous Emissions Monitoring System Records Keep records of eight items:                
306   (a) Records of monitoring data. The owner or operator must document six parameters measured using continuous monitoring systems as follows:        
307   (C) For Class I municipal waste combustion units only, all 1-hour average concentrations of nitrogen oxides emissions.            
308   (b) Records of average concentrations and percent reductions. The owner or operator must document five parameters:            
309   (B) For Class I municipal waste combustion units only, all 24-hour daily arithmetic average concentrations of nitrogen oxides emissions.          
310   (d) Records of minimum data. The owner or operator must document three items as follows:              
311   (A) Calendar dates for which the owner or operator did not collect the minimum amount of data required under OAR 340-230-0383(7) and 340-230-0387(5). Record those dates for five types of pollutants and parameters:
312   (ii) For Class I municipal waste combustion units only, nitrogen oxides emissions.                
313   (e) Records of exclusions. The owner or operator must document each time there is excluded data from the calculation of averages for any of the following five pollutants or parameters and the reasons the data were excluded:
314   (B) For Class I municipal waste combustion units only, nitrogen oxides emissions.                
315   (f) Records of drift and accuracy. The owner or operator must document the results of the daily drift tests and quarterly accuracy determinations according to Procedure 1 of appendix F of 40 CFR Part 60. Keep those records for the sulfur dioxide, nitrogen oxides (Class I municipal waste combustion units only), and carbon monoxide continuous emissions monitoring systems.
316   Stat. Auth.: ORS 468.020                        
317   Stats. Implemented: ORS 468A.025                      
318                              
320   340-230-0395                          
321   Reporting                          
322   (3) Initial Report. The owner or operator must:                    
323   (b) The emission levels measured on the date of the initial evaluation of the continuous emission monitoring systems for all of the following five pollutants or parameters as recorded in accordance with OAR 340-230-0390(5)(b).
324   (B) For Class I municipal waste combustion units only, the 24-hour daily arithmetic average concentration of nitrogen oxides emissions.          
326   (4) Annual Report:                        
327   (b) The owner or operator must summarize data collected for all pollutants and parameters and must include the following items:          
328   (B) A list of the highest average levels recorded, in the appropriate units. List those values for five pollutants or parameters:          
329   (ii) For Class I municipal waste combustion units only, nitrogen oxides emissions.                
330   (E) The total number of days that the owner or operator did not obtain the minimum number of hours of data for six pollutants or parameters. Include the reasons the data was not obtained and corrective actions taken to obtain the data in the future. Include data on:
331   (ii) For Class I municipal waste combustion units only, nitrogen oxides emissions.                
332   (F) The number of hours the owner or operator has excluded data from the calculation of average levels (include the reasons for excluding it). Include data for six pollutants or parameters:  
333   (ii) For Class I municipal waste combustion units only, nitrogen oxides emissions.                
335   (6) Semi-annual report (if it is required)                      
336   (b) For any of the following six pollutants or parameters that exceeded the limits specified in OAR 340-230-0375 to 0395, the owner or operator must include the calendar date they exceeded the limits, the averaged and recorded data for that date, the reasons for exceeding the limits, and the corrective actions:
337   (B) For Class I municipal waste combustion units only, concentration of nitrogen oxides emissions.              
338   Stat. Auth.: ORS 468.020                        
339   Stats. Implemented: ORS 468A.025                      
340                              
342   340-242-0050                          
343   Definitions of Terms Used in These Rules                      
344   (12) "Equivalent Emission Reduction" means a reduction of vehicle emissions, or other sources of volatile organic compounds (VOC) and nitrogen oxides (NOx) emissions, that results in a reduction of VOC and NOx emissions equal to the emission reduction resulting from one eliminated auto trip.
345   Stat. Auth.: ORS 468.020                        
346   Stats. Implemented: ORS 468A.363                      
347   NOTE: This rule is included in the State of Oregon Clean Air Act Implementation Plan as adopted by the Environmental Quality Commission under OAR 340-200-0040.    
350   DIVISION 250                          
351   GENERAL CONFORMITY                        
352   340-250-0020                          
353   Applicability                          
354   (2) For federal actions in a nonattainment area or maintenance area not covered by section (1) of this rule, a conformity determination is required for each pollutant where the total of direct and indirect emissions caused by a federal action would equal or exceed any of the rates in sections (3)(a) and (b) of this rule.
355   (3) The following emission rates apply to federal actions pursuant to section (2) of this rule:              
356   (a) For nonattainment areas: Pollutant -- Tons per year:                    
357   (A) Ozone (VOCs or NOx):                        
358   (i) Serious NAAs -- 50;                        
359   (ii) Severe NAAs -- 25;                        
360   (iii) Extreme NAAs -- 10;                        
361   (iv) Other ozone NAAs (Outside an ozone transport region) -- 100;                  
362   (v) Marginal & moderate NAAs (Inside an ozone transport region):                  
363   (I) VOC -- 50;                          
365   (C) SO2 or NO2: All NAAs -- 100;                      
367   (b) For maintenance areas: Pollutant -- Tons per Year:                    
368   (A) Ozone (NOx), SO2 or NO2: All maintenance areas -- 100;                  
369   Stat. Auth.: ORS 468.020 & ORS 468A.035                      
370   Stats. Implemented: ORS 468A.035                      
371   [NOTE: This rule is included in the State of Oregon Clean Air Act Implementation Plan as Adopted by the Environmental Quality Commission under OAR 340-200-0040.]    
374   340-250-0030                          
375   Definitions                          
376   (22) "National ambient air quality standards" or "NAAQS" means those standards established pursuant to Section 109 of the Act and include standards for carbon monoxide (CO), lead (Pb), nitrogen dioxide (NO2), ozone, particulate matter (PM10), and sulfur dioxide (SO2).
378   (25) "Precursors of a criteria pollutant" means:                    
379   (a) For ozone, nitrogen oxides (NOx), unless an area is exempted from NOx requirements under Section 182(f) of the Act, and volatile organic compounds (VOC); and      
380   Stat. Auth.: ORS 468.020 & ORS468A.035                      
381   Stats. Implemented: ORS 468A.035                      
382   [NOTE: This rule is included in the State of Oregon Clean Air Act Implementation Plan as Adopted by the Environmental Quality Commission under OAR 340-200-0040.]    
384   340-250-0080                          
385   Criteria for Determining Conformity of General Federal Actions                  
386   (1) An action required under OAR 340-250-0020 to have a conformity determination for a specific pollutant, will be determined to conform to the applicable SIP if, for each pollutant that exceeds the rates in 340-250-0020(3), or otherwise requires a conformity determination due to the total of direct and indirect emissions from the action, the action meets the requirements of section (3) of this rule, and meets any of the following requirements:
387   (a) For any criteria pollutant, the total of direct and indirect emissions from the action are specifically identified and accounted for in the applicable SIP's attainment or maintenance demonstration;  
388   (b) For ozone or nitrogen dioxide, the total of direct and indirect emissions from the action are fully offset within the same nonattainment area or maintenance area through a revision to the applicable SIP or a similarly enforceable measure that effects emission reductions so that there is no net increase in emissions of that pollutant;
389   (c) For any criteria pollutant, except ozone and nitrogen dioxide, the total of direct and indirect emissions from the action meet the requirements:        
390   (A) Specified in section (2) of this rule, based on areawide air quality modeling analysis and local air quality modeling analysis; or          
391   (B) Meet the requirements of subsection (e) of this section and, for local air quality modeling analysis, the requirements of section (2) of this rule.        
392   (d) For CO or PM10:                        
393   (A) Where the Department or local air quality agency primarily responsible for the applicable SIP determines that an areawide air quality modeling analysis is not needed, the total of direct and indirect emissions from the action meet the requirements specified in section (2) of this rule, based on local air quality modeling analysis; or
394   (B) Where the Department or local air quality agency primarily responsible for the applicable SIP determines that an areawide air quality modeling analysis is appropriate and that a local air quality modeling analysis is not needed, the total of direct and indirect emissions from the action meet the requirements specified in section (2) of this rule, based on areawide modeling, or meet the requirements of subsection (e) of this section.
395   (e) For ozone or nitrogen dioxide, and for purposes of subsections (c)(B) and (d)(B) of this section, each portion of the action or the action as a whole meets any of the following requirements:  
396   (A) Where EPA has approved a revision to an area's attainment or maintenance demonstration after 1990 and the state makes a determination as provided in subparagraph (i) of this paragraph or where the state makes a commitment as provided in subparagraph (ii) of this paragraph:
397   (i) The total of direct and indirect emissions from the action, or portion thereof, is determined and documented by the state agency primarily responsible for the applicable SIP to result in a level of emissions which, together with all other emissions in the nonattainment area or maintenance area, would not exceed the emissions budgets specified in the applicable SIP;
398   (ii) The total of direct and indirect emissions from the action (or portion thereof) is determined and documented by the state agency primarily responsible for the applicable SIP to result in a level of emissions which, together with all other emissions in the nonattainment area or maintenance area, would not exceed the emissions budget specified in the applicable SIP and the State Governor or the Governor's designee for SIP actions makes a written commitment to EPA which includes the following:
399   (I) A specific schedule for adoption and submittal of a revision to the applicable SIP which would achieve the needed emission reductions prior to the time emissions from the federal action would occur;
400   (II) Identification of specific measures for incorporation into the applicable SIP which would result in a level of emissions which, together with all other emissions in the nonattainment area or maintenance area, would not exceed any emissions budget specified in the applicable SIP;
401   (III) A demonstration that all existing applicable SIP requirements are being implemented in the area for the pollutants affected by the federal action, and that local authority to implement additional requirements has been fully pursued;
402   (IV) A determination that the responsible federal agencies have required all reasonable mitigation measures associated with their action; and        
403   (V) Written documentation including all air quality analyses supporting the conformity determination.              
404   (iii) Where a federal agency made a conformity determination based on a state commitment under subparagraph (ii) of this paragraph such a state commitment is automatically deemed a call for a SIP revision by EPA under Section 110(k)(5) of the Act, effective on the date of the federal conformity determination and requiring response within 18 months or any shorter time within which the state commits to revise the applicable SIP.
405   (B) The action, or portion thereof, as determined by the MPO, is specifically included in a current transportation plan and transportation improvement program which have been found to conform to the applicable SIP under 40 CFR part 51, subpart T (July 1,1994) or 40 CFR part 93, subpart A (July 1, 1994), and OAR 340 division 252.
406   (C) The action, or portion thereof, fully offsets its emissions within the same nonattainment area or maintenance area through a revision to the applicable SIP or an equally enforceable measure that effects emission reductions equal to or greater than the total of direct and indirect emissions from the action so that there is no net increase in emissions of that pollutant;
407   (D) Where EPA has not approved a revision to the relevant SIP attainment or maintenance demonstration since 1990, the total direct and indirect emissions from the action for the future years (described in OAR 340-250-0090(4)) do not increase emissions with respect to the baseline emissions:
408   (i) The baseline emissions reflect the historical activity levels that occurred in the geographic area affected by the proposed federal action during:        
409   (I) Calendar year 1990;                        
410   (II) The calendar year that is the basis for the classification, or, where the classification is based on multiple years, the most representative year, if a classification is promulgated in 40 CFR part 81 (July 1, 1994); or
411   (III) The year of the baseline inventory in the PM10 applicable SIP.                  
412   (ii) The baseline emissions are the total of direct and indirect emissions calculated for the future years (described in OAR 340-250-0090(4)) using the historic activity levels (described in subparagraph (i) of this paragraph) and appropriate emission factors for the future years; or
413   (E) Where the action involves regional water or wastewater projects, such projects are sized to meet only the needs of population projections that are in the applicable SIP.    
414   Stat. Auth.: ORS 468.020 & ORS 468A.035                      
415   Stats. Implemented: ORS 468A.035                      
416   [NOTE: This rule is included in the State of Oregon Clean Air Act Implementation Plan as Adopted by the Environmental Quality Commission under OAR 340-200-0040.]    
418   DIVISION 254                          
419   RULES FOR INDIRECT SOURCES                      
420   340-254-0060                          
421   Indirect Source Construction Permit Application Requirements for Parking Facilities              
422   (2) Additional Requirements for Sensitive Areas. For Indirect Sources proposed to be located within the boundaries of a Carbon Monoxide nonattainment area or maintenance area as specified in OAR 340-254-0040(1), the following Long Form Application information shall be submitted to the Department:
423   (c) An estimate of the gross emissions of carbon monoxide, Volatile Organic Compounds, and oxides of nitrogen based on information required by subsections (1)(e) and (2)(b) of this rule;  
424   Stat. Auth.: ORS 468.020, ORS 468.065, ORS 468A.040 & ORS 468A.055                  
425   Stats. Implemented: ORS 468.020, ORS 468.065 & ORS 468A.040                  
426                              
429   DIVISION 256                          
430   MOTOR VEHICLES                        
431   340-256-0010                          
432   (45) "Oxides of Nitrogen" or NOx means oxides of nitrogen except nitrous oxides.                
433   Stat. Auth.: ORS 467.030 & 468A.360                      
434   Stats. Implemented: ORS 467.030 & 468A.350 - 468A.400                    
435   NOTE: This rule is included in the State of Oregon Clean Air Act Implementation Plan as adopted by the Environmental Quality Commission under OAR 340-200-0040.    
437   340-256-0350                          
438   Light Duty Motor Vehicle Emission Control Test Method for Enhanced Program                
439   (2) Pre-inspection and Preparation.                      
440   (e) Ambient Background. Background concentrations of hydrocarbons, carbon monoxide, oxides of nitrogen, and carbon dioxide (HC, CO, NOx, and CO2, respectively) will be sampled to determine background concentration of constant volume sampler dilution air. The sample will be taken for a minimum of 15 seconds within 120 seconds of the start of the transient driving cycle, using the same analyzers used to measure tailpipe emissions. Average readings over the 15 seconds for each gas will be recorded in the test record. Testing will be prevented until the average ambient background levels are less than 20 ppm HC, 35 ppm CO, and 2 ppm NOx.
441   Stat. Auth.: ORS 468A.360 & 468A.363                      
442   Stats. Implemented: ORS 468A.350 - 468A.385                    
443   NOTE: This rule is included in the State of Oregon Clean Air Act Implementation Plan as adopted by the Environmental Quality Commission under OAR 340-200-0040.    
446   340-256-0410                          
447   Light Duty Motor Vehicle Emission Control Standards for Enhanced Program                
448   (1) Grams Per Mile (GPM) for Light Duty Passenger Cars (LDPC):                  
449   (a) Model Year -- 1996 and Newer:                      
450   (C) Oxides of Nitrogen (NOx) -- 2.25.                      
451   (b) Model Year -- 1983–1995:                      
452   (C) Oxides of Nitrogen (NOx) -- 3.00.                      
453   (c) Model Year -- 1981–1982:                      
454   (C) Oxides of Nitrogen (NOx) -- 3.00.                      
456   (2) Grams Per Mile (GPM) for Light Duty Truck 1 (LDT1) 6,000 GVWR or Less:                
457   (a) Model Year -- 1996 and Newer 3750 Loaded Vehicle Weight or Less:                  
458   (C) Oxides of Nitrogen (NOx) -- 2.25.                      
459   (b) Model Year -- 1996 and Newer 3751 Loaded Vehicle Weight or More:                  
460   (C) Oxides of Nitrogen (NOx) -- 2.70.                      
461   (c) Model Year -- 1988–1995:                      
462   (C) Oxides of Nitrogen (NOx) -- 3.75.                      
463   (d) Model Year -- 1984–1987:                      
464   (C) Oxides of Nitrogen (NOx) -- 6.75.                      
465   (e) Model Year -- 1981–1983:                      
466   (C) Oxides of Nitrogen (NOx) -- 6.75.                      
468   (3) Grams Per Mile (GPM) for Light Duty Truck 2 (LDT2) 6,001 to 8500 GVWR:                
469   (a) Model Year-- 1996 and Newer 5750 Loaded Vehicle Weight or Less:                  
470   (C) Oxides of Nitrogen (NOx) -- 2.70.                      
471   (b) Model Year-- 1996 and Newer 5751 Loaded Vehicle Weight or More:                  
472   (C) Oxides of Nitrogen (NOx) -- 3.00.                      
473   (c) Model Year -- 1988–1995:                      
474   (C) Oxides of Nitrogen (NOx) -- 5.25.                      
475   (d) Model Year-- 1984–1987:                      
476   (C) Oxides of Nitrogen (NOx) -- 6.75.                      
477   (e) Model Year -- 1981–1983:                      
478   (C) Oxides of Nitrogen (NOx) -- 6.75.                      
479   Stat. Auth.: ORS 468A.360 & ORS 468A.363                      
480   Stats. Implemented: ORS 468A.350 - ORS 468A.385                    
481   [NOTE: This rule is included in the State of Oregon Clean Air Act Implementation Plan as adopted by the Environmental Quality Commission under OAR 340-200-0040.]    

NO2 in OARs

  A B C D E F G H I J K L M
1 In SIP                        
2 Not in SIP                      
5 DIVISION 200                        
6 GENERAL AIR POLLUTION PROCEDURES AND DEFINITIONS                
7 General                        
8 340-200-0020                        
9 General Air Quality Definitions                    
10 (31) "Criteria Pollutant" means nitrogen oxides, volatile organic compounds, particulate matter, PM10, PM2.5, sulfur dioxide, carbon monoxide, or lead.    
12 (44)(a) Except as provided in subsection (b) of this section, "Emission Limitation" and "Emission Standard" mean a requirement established by a State, local government, or the EPA which limits the quantity, rate, or concentration of emissions of air pollutants on a continuous basis, including any requirements which limit the level of opacity, prescribe equipment, set fuel specifications, or prescribe operation or maintenance procedures for a source to assure continuous emission reduction.
13 (b) As used in OAR 340-212-0200 through 340-212-0280, "Emission limitation or standard" means any applicable requirement that constitutes an emission limitation, emission standard, standard of performance or means of emission limitation as defined under the Act. An emission limitation or standard may be expressed in terms of the pollutant, expressed either as a specific quantity, rate or concentration of emissions (e.g., pounds of SO2 per hour, pounds of SO2 per million British thermal units of fuel input, kilograms of VOC per liter of applied coating solids, or parts per million by volume of SO2) or as the relationship of uncontrolled to controlled emissions (e.g., percentage capture and destruction efficiency of VOC or percentage reduction of SO2). An emission limitation or standard may also be expressed either as a work practice, process or control device parameter, or other form of specific design, equipment, operational, or operation and maintenance requirement. For purposes of 340-212-0200 through 340-212-0280, an emission limitation or standard does not include general operation requirements that an owner or operator may be required to meet, such as requirements to obtain a permit, to operate and maintain sources in accordance with good air pollution control practices, to develop and maintain a malfunction abatement plan, to keep records, submit reports, or conduct monitoring.
15 (97) "PM2.5":                        
16 (b) When used in the context of PM2.5 precursor emissions, means sulfur dioxide (SO2) and nitrogen oxides (NOx) emitted to the ambient air as measured by EPA reference methods in 40 CFR Part 60, appendix A.
18 (106) "Regulated air pollutant" or "Regulated Pollutant":                  
19 (b) As used in OAR 340 division 220, regulated pollutant means particulates, volatile organic compounds, oxides of nitrogen and sulfur dioxide.      
21 TABLE 1                        
22 OAR 340-200-0020                      
23 SIGNIFICANT AIR QUALITY IMPACT                  
24 Stat. Auth.: ORS 468.020, 468A.025, 468A.035, 468A.055 & 468A.070                
25 Stats. Implemented: ORS 468A.025 & 468A.035                  
26 NOTE: This rule is included in the State of Oregon Clean Air Act Implementation Plan as adopted by the EQC under OAR 340-200-0040.      
29 340-200-0025                        
30 Abbreviations and Acronyms                    
31 (99) "SO2" means sulfur dioxide.                    
32                          
35 DIVISION 202                      
36 AMBIENT AIR QUALITY STANDARDS AND PSD INCREMENTS                
37 340-202-0010                        
38 Definitions                        
39 (4) "Baseline Concentration" means:                    
40 (a) Except as provided in subsection (c), the ambient concentration level for sulfur dioxide and PM10 that existed in an area during the calendar year 1978. Actual emission increases or decreases occurring before January 1, 1978 must be included in the baseline calculation, except that actual emission increases from any source or modification on which construction commenced after January 6, 1975 must not be included in the baseline calculation;
41 Stat. Auth.: ORS 468A                      
42 Stats. Implemented: ORS 468A.025                    
43 NOTE: This rule is included in the State of Oregon Clean Air Act Implementation Plan as adopted by the Environmental Quality Commission under OAR 340-200-0040.
46 340-202-0070                        
47 Sulfur Dioxide                      
48 Concentrations of sulfur dioxide in ambient air as measured by an approved method must not exceed:            
49 (1) 0.02 ppm as an annual arithmetic mean for any calendar year at any site.              
50 (2) 0.10 ppm as a 24-hour average concentration more than once per year at any site.              
51 (3) 0.50 ppm as a three-hour average concentration more than once per year at any site.            
52 Stat. Auth.: ORS 468 & ORS 468A                    
53 Stats. Implemented: ORS 468A.025                    
54 [NOTE: This rule is included in the State of Oregon Clean Air Act Implementation Plan as adopted by the Environmental Quality Commission under OAR 340-200-0040.]  
57 OAR 340-202-0210 Table 1 MAXIMUM ALLOWABLE INCREASE                
58 Stat. Auth.: ORS 468 & ORS 468A                    
59 Stats. Implemented: ORS 468A.025                    
60 [NOTE: This rule is included in the State of Oregon Clean Air Act Implementation Plan as adopted by the Environmental Quality Commission under OAR 340-200-0040.]  
63 DIVISION 204                      
64 DESIGNATION OF AIR QUALITY AREAS                    
65 340-204-0010                        
66 Definitions                        
67 The definitions in OAR 340-200-0020 and this rule apply to this division. If the same term is defined in this rule and 340-200-0020, the definition in this rule applies to this division. Definitions of boundaries in this rule also apply to OAR 340 division 200 through 268 and throughout the State of Oregon Clean Air Act Implementation Plan adopted under 340-200-0040.
68 (5) “Criteria Pollutant” means any of the six pollutants set out by the Clean Air Act (sulfur oxides, particulate matter, ozone, carbon monoxide, nitrogen dioxide, and lead) for which the EPA has promulgated standards in 40 CFR 50.4 through 50.12 (July, 1993).
69 Stat. Auth.: ORS 468.020                      
70 Stats. Implemented: ORS 468A.025                    
71 NOTE: This rule is included in the State of Oregon Clean Air Act Implementation Plan as adopted by the Environmental Quality Commission under OAR 340-200-0040.
74 AIR POLLUTION EMERGENCIES                    
75 340-206-0010                        
76 Introduction                        
77 OAR 340-206-0030, 340-206-0050 and 340-206-0060 are effective within priority I and II air quality control regions (AQCR) as defined in 40 CFR Part 51, subpart H (1995), when the AQCR contains a nonattainment area listed in 40 CFR Part 81. All other rules in this Division are equally applicable to all areas of the state. Notwithstanding any other regulation or standard, this Division is designed to prevent the excessive accumulation of air contaminants during periods of atmospheric stagnation or at any other time, which if allowed to continue to accumulate unchecked could result in concentrations of these contaminants reaching levels which could cause significant harm to the health of persons. This Division establishes criteria for identifying and declaring air pollution episodes at levels below the level of significant harm and are adopted pursuant to the requirements of the Federal Clean Air Act as amended and 40 CFR Part 51.151. Levels of significant harm for various pollutants listed in 40 CFR Part 51.151 are:
78 (1) For sulfur dioxide (SO2) - 1.0 ppm, 24-hour average.                  
79 Stat. Auth.: ORS 468.020                      
80 Stats. Implemented: ORS 468A.025                    
81 NOTE: This rule is included in the State of Oregon Clean Air Act Implementation Plan as adopted by the Environmental Quality Commission under OAR 340-200-0040.
85 340-206-0030                        
86 Episode Stage Criteria for Air Pollution Emergencies                  
87 (2) "Air Pollution Alert" condition indicates that air pollution levels are significantly above standards but there is no immediate danger of reaching the level of significant harm. Monitoring should be intensified and readiness to implement abatement actions should be reviewed. At the Air Pollution Alert level the public is to be kept informed of the air pollution conditions and of potential activities to be curtailed should it be necessary to declare a warning or higher condition. An Air Pollution Alert condition is a state of readiness. When the conditions in both subsections (a) and (b) of this section are met, an Air Pollution Alert will be declared and all appropriate actions described in Tables 1 and 4 shall be implemented:
88 (b) Monitored pollutant levels at any monitoring site exceed any of the following:              
89 (A) Sulfur dioxide -- 0.3 ppm -- 24-hour average;                  
91 (3) "Air Pollution Warning" condition indicates that pollution levels are very high and that abatement actions are necessary to prevent these levels from approaching the level of significant harm. At the Air Pollution Warning level substantial restrictions may be required limiting motor vehicle use and industrial and commercial activities. When the conditions in both subsections (a) and (b) of this section are met, an Air Pollution Warning will be declared by the Department and all appropriate actions described in Tables 2 and 4 shall be implemented:
92 (b) Monitored pollutant levels at any monitoring site exceed any of the following:              
93 (A) Sulfur dioxide -- 0.6 ppm -- 24-hour average;                  
95 (4) "Air Pollution Emergency" condition indicates that air pollutants have reached an alarming level requiring the most stringent actions to prevent these levels from reaching the level of significant harm to the health of persons. At the Air Pollution Emergency level extreme measures may be necessary involving the closure of all manufacturing, business operations and vehicle traffic not directly related to emergency services. Pursuant to ORS 468.115, when the conditions in both subsections (a) and (b) of this section are met, an air pollution emergency will be declared by the Department and all appropriate actions described in Tables 3 and 4 shall be implemented:
96 (b) Monitored pollutant levels at any monitoring site exceed any of the following:              
97 (A) Sulfur dioxide 0.8 ppm -- 24-hour average;                  
98 Stat. Auth.: ORS 468 & 468A                    
99 Stats. Implemented: ORS 468A.025                    
100 NOTE: This rule is included in the State of Oregon Clean Air Act Implementation Plan as adopted by the Environmental Quality Commission under OAR 340-200-0040.
103 340-212-0130                        
104 Stack Heights and Dispersion Techniques                  
105 (1) 40 CFR Parts 51.100(ff) through 51.100(kk), and 51.118, 51.160 through 51.166 (July 1, 2000), concerning stack heights and dispersion techniques, are adopted and incorporated herein. The federal rule generally prohibits the use of excessive stack height and certain dispersion techniques when calculating compliance with ambient air quality standards. The rule forbids neither the construction and actual use of excessively tall stacks, nor the use of dispersion techniques. It only forbids their use in noted calculations. The rule generally applies as follows. Stacks 65 meters high or greater that were constructed after December 31, 1970, and major modifications made after December 31, 1970 to existing plants with stacks 65 meters high or greater which were constructed before that date are subject to this rule. Certain stacks at federally owned, coal-fired steam electric generating units constructed under a contract awarded before February 8, 1974 are exempt. Any dispersion technique implemented after December 31, 1970 at any plant is subject to this rule. However, if the plant's total allowable emissions of sulfur dioxide are less than 5,000 tons per year, then certain dispersion techniques to increase final exhaust gas plume rise may be used when calculating compliance with ambient air quality standards for sulfur dioxide.
106 Stat. Auth.: ORS 468 & ORS 468A                    
107 Stats. Implemented: ORS 468 & ORS 468A                    
108 [NOTE: This rule is included in the State of Oregon Clean Air Act Implementation Plan as adopted by the EQC under OAR 340-200-0040.]      
111 Sulfur Dioxide Emission Inventory                    
112 340-214-0400                        
113 Purpose                        
114 The purpose of OAR 340-214-0400 through 340-214-0430 is to establish consistent monitoring, recordkeeping, and reporting requirements for stationary sources in Oregon to determine whether sulfur dioxide emissions remain below the sulfur dioxide milestones established in the State Implementation Plan, section 5.5.2.3.1.a, incorporated by reference in 340-200-0040.
115 Stat. Auth.: ORS 468.020                      
116 Stats. Implemented: ORS 468A.035                    
117 NOTE: This rule is included in the State of Oregon Clean Air Act Implementation Plan as adopted by the EQC under OAR 340-200-0040.      
120 340-214-0410                        
121 Applicability                        
122 (1) OAR 340-214-0410 through 340-214-0430 apply to all stationary sources with actual sulfur dioxide emissions of 100 tons per year or more in calendar year 2000 or any subsequent calendar year.
123 (2) Any source that triggers applicability and then emits less than 100 tons per year in any subsequent year remains subject to the requirements of OAR 340-214-0410 to 340-214-0430 until 2018 or until the first control period under the Western Backstop Sulfur Dioxide Trading Program as established in 340-228-0510(1)(a), whichever is earlier.
124 (3) Sources that emit less than 100 tons per year of sulfur dioxide in all years (2003 through 2018) are not subject to OAR 340-214-0420 through 0430.    
125 Stat. Auth.: ORS 468.020                      
126 Stats. Implemented: ORS 468A.035                    
127 NOTE: This rule is included in the State of Oregon Clean Air Act Implementation Plan as adopted by the EQC under OAR 340-200-0040.      
130 340-214-0420                        
131 Annual Sulfur Dioxide Emission Report                    
132 (1) The owner or operator must:                    
133 (a) Submit a report of actual annual SO2 inventory emissions;                
134 Stat. Auth.: ORS 468.020                      
135 Stats. Implemented: ORS 468A.035                    
136 NOTE: This rule is included in the State of Oregon Clean Air Act Implementation Plan as adopted by the EQC under OAR 340-200-0040.      
139 340-214-0430                        
140 Changes in Emission Measurement Techniques                  
141 The owner or operator that uses a different emission monitoring or calculation method than was used to report the sulfur dioxide emissions (1999 for utilities and 1998 for all other sources) under OAR 340-214-0114 must indicate this in the annual emission report, so that the Department can ensure consistent comparison to the regional SO2 milestones, as described in State Implementation Plan Section 5.5.2.3.2 a.(3).
142 Stat. Auth.: ORS 468.020                      
143 Stats. Implemented: ORS 468A.035                    
144 NOTE: This rule is included in the State of Oregon Clean Air Act Implementation Plan as adopted by the EQC under OAR 340-200-0040.      
147 DIVISION 218                      
148 OREGON TITLE V OPERATING PERMITS                    
149 340-218-0040                        
150 Permit Applications                      
151 (1) Duty to apply. For each Oregon Title V Operating Permit program source, the owner or operator must submit a timely and complete permit application in accordance with this rule:
152 (a) Timely application:                      
153 (E) Applications for initial phase II acid rain permits shall be submitted to the Department by January 1, 1996 for sulfur dioxide, and by January 1, 1998 for nitrogen oxides;  
154                          
157 340-220-0100                      
158 Emission Reporting                      
159 (1) Using a form(s) developed by the Department the owner or operator must report the following emissions:          
160 (b) Sulfur Dioxide as SO2;                      
162 [Formula - Determining VOC Emissions Using Material Balance, Determining Sulfur Dioxide Emissions Using Material Balance and Verified Emission Factors Using Source Testing]
163 Determining Sulfur Dioxide Emissions Using Material Balance            
165 (3) SO2 = %S/100 x F x 2                    
166 Where:                        
167 SO2 = Sulfur dioxide emissions for each quantity of fuel, tons              
168 %S = Percent sulfur in the fuel being burned, % (w/w).                
169 F = Amount of fuel burned, based on a quantity measurement, tons              
170 2 = Pounds of sulfur dioxide per pound of sulfur                
172 (4) SO2adj = SO2 x 0.97                    
173 Where:                        
174 SO2adj = Sulfur dioxide adjusted for sulfur retention (40 CFR Part 60, Appendix A, Method 19, Section 5.2)      
175 SO2 = Sulfur dioxide emissions from each quantity burned (OAR 340-220-0140(3))          
176                          
179 340-220-0140                      
180 Determining Emissions Using Material Balance                  
181 The owner or operator may elect to use material balance to determine actual emissions:              
182 (2) The owner or operator may only apply material balance calculations to VOC or sulfur dioxide emissions in accordance with OAR 340-220-0150 and 340-220-0160 respectively.
183                          
186 340-220-0160                      
187 Determining Sulfur Dioxide Emissions Using Material Balance                
188 (1) The owner or operator may determine sulfur dioxide emissions for Oregon Title V Operating Permit program sources by measuring the sulfur content of fuels and assuming that all of the sulfur in the fuel is oxidized to sulfur dioxide.
189 (2) The owner or operator must ensure that ASTM methods were used to measure the sulfur content in fuel for each quantity of fuel burned.      
190 (3) The owner or operator must determine sulfur dioxide emissions for each quantity of fuel burned, determining quantity by a method that is reliable for the source, by performing the following calculation: [Equation not included. See ED. NOTE.]
191 (4) For coal-fired steam generating units, owners or operators of major sources must use the following equation to account for sulfur retention: [Equation not included. See ED. NOTE.]
192 (5) Total sulfur dioxide emissions for the year must be the sum of each quantity burned, calculated in accordance with section (3) of this rule and reported in units of tons per year.
194 Determining Sulfur Dioxide Emissions Using Material Balance            
195 (3) SO2 = %S/100 x F x 2                    
196 Where:                        
197 SO2 = Sulfur dioxide emissions for each quantity of fuel, tons              
198 %S = Percent sulfur in the fuel being burned, % (w/w).                
199 F = Amount of fuel burned, based on a quantity measurement, tons              
200 2 = Pounds of sulfur dioxide per pound of sulfur                
202 (4) SO2adj = SO2 x 0.97                    
203 Where:                        
204 SO2adj = Sulfur dioxide adjusted for sulfur retention (40 CFR Part 60, Appendix A, Method 19, Section 5.2)      
205 SO2 = Sulfur dioxide emissions from each quantity burned (OAR 340-220-0140(3))          
206                          
209 340-224-0050                        
210 Requirements for Sources in Nonattainment Areas                  
211 Within a designated nonattainment area, proposed major sources and major modifications of a nonattainment pollutant, including VOC or NOx in a designated ozone nonattainment area or SO2 or NOx in a designated PM2.5 nonattainment area, must meet the requirements listed below:
212 Stat. Auth.: ORS 468.020                      
213 Stats. Implemented: ORS 468A.025                    
214 NOTE: This rule is included in the State of Oregon Clean Air Act Implementation Plan as adopted by the EQC under OAR 340-200-0040.      
217 340-224-0060                      
218 Requirements for Sources in Maintenance Areas                  
219 Within a designated maintenance area, proposed major sources and major modifications of a maintenance pollutant, including VOC or NOx in a designated ozone maintenance area or SO2 or NOx in a designated PM2.5 maintenance area, must meet the requirements listed below:
220 Stat. Auth.: ORS 468.020                      
221 Stats. Implemented: ORS 468A.025                    
222 NOTE: This rule is included in the State of Oregon Clean Air Act Implementation Plan as adopted by the EQC under OAR 340-200-0040.      
225 DIVISION 225                      
226 AIR QUALITY ANALYSIS REQUIREMENTS                    
227 340-225-0020                      
228 Definitions                        
229 The definitions in OAR 340-200-0020 and this rule apply to this division. If the same term is defined in this rule and 340-200-0020, the definition in this rule applies to this division.
230 (3) "Baseline Concentration" means:                    
231 (a) Except as provided in subsection (c), the ambient concentration level for sulfur dioxide and PM10 that existed in an area during the calendar year 1978. Actual emission increases or decreases occurring before January 1, 1978 must be included in the baseline calculation, except that actual emission increases from any source or modification on which construction commenced after January 6, 1975 must not be included in the baseline calculation;
233 Tables for Division 225, Air Quality Analysis Review                  
234 Table (340-225-0030)                      
235 Averaging times by pollutant                      
236                          
239 340-225-0050                      
240 Requirements for Analysis in PSD Class II and Class III Areas                
241 (4) Air Quality Monitoring:                      
242 (a)                        
243 (C) The Department may exempt the owner or operator of a proposed source or modification from preconstruction monitoring for a specific pollutant if the owner or operator demonstrates that the air quality impact from the emissions increase would be less than the amounts listed below or that modeled competing source concentration (plus General Background Concentration) of the pollutant within the Source Impact Area are less than the following significant monitoring concentrations:
244 (v) Sulfur dioxide; 13 ug/m3, 24 hour average;                  
245                          
248 340-225-0090                      
249 Requirements for Demonstrating a Net Air Quality Benefit                
250 Demonstrations of net air quality benefit for offsets must include the following:              
251 (2) Non-Ozone areas (PM2.5, PM10, SO2, CO, NOx, and Lead emissions):              
252 (a) For a source locating within a designated nonattainment area, the owner or operator must comply with paragraphs (A) through (E) of this subsection:    
253 (A) Obtain offsets from within the same designated nonattainment area for the nonattainment pollutant(s);          
254 (B) Except as provided in paragraphs (C) of this subsection, provide a minimum of 1:1 offsets for each nonattainment pollutant and precursor with emission increases over the Netting Basis;
255 (C) For PM2.5; inter-pollutant offsets are allowed as follows:                
256 (i) 1 ton of direct PM2.5 may be used to offset 40 tons of SO2;                
257 (ii) 1 ton of direct PM2.5 may be used to offset 100 tons of NOx;                
258 (iii) 40 tons of SO2 may be used to offset 1 ton of direct PM2.5;                
259 (iv) 100 tons of NOx may be used to offset 1 ton of direct PM2.5.                
260 Stat. Auth.: ORS 468.020                      
261 Stats. Implemented: ORS 468A.025                    
262 NOTE: This rule is included in the State of Oregon Clean Air Act Implementation Plan as adopted by the EQC under OAR 340-200-0040.      
265 DIVISION 228                      
266 REQUIREMENTS FOR FUEL BURNING EQUIPMENT AND FUEL SULFUR CONTENT            
267 340-228-0130                      
268 Exemptions                        
269 Exempted from the requirements of OAR 340-228-0100 through 340-228-0120 are:              
270 (2) With prior approval of the Department of Environmental Quality, fuels used in such a manner or control provided such that sulfur dioxide emissions can be demonstrated to be equal to or less than those resulting from the combustion of fuels complying with the limitations of OAR 340-228-0100 through 340-228-0120.
271 Stat. Auth.: ORS 468 & ORS 468A                    
272 Stats. Implemented: ORS 468A.025                    
273 [NOTE: This rule is included in the State of Oregon Clean Air Act Implementation Plan as adopted by the Environmental Quality Commission under OAR 340-200-0040.]  
276 General Emission Standards for Fuel Burning Equipment                
277 340-228-0200                        
278 Sulfur Dioxide Standards                      
279 The following emission standards are applicable to sources installed, constructed, or modified after January 1, 1972 only:        
280 (1) For fuel burning equipment having a heat input capacity between 150 million BTU per hour and 250 million BTU, no person may cause, suffer, allow, or permit the emission into the atmosphere of sulfur dioxide in excess of:
281 (a) 1.4 lb. per million BTU heat input, maximum three-hour average, when liquid fuel is burned;            
282 (b) 1.6 lb. per million BTU heat input, maximum three-hour average, when solid fuel is burned.            
283 (2) For fuel burning equipment having a heat input capacity of more than 250 million BTU per hour, no person may cause, suffer, allow, or permit the emission into the atmosphere of sulfur dioxide in excess of:
284 (a) 0.8 lb. per million BTU heat input, maximum three-hour average, when liquid fuel is burned;            
285 (b) 1.2 lb. per million BTU heat input, maximum three-hour average, when solid fuel is burned.            
286 Stat. Auth.: ORS 468 & 468A                    
287 Stats. Implemented: ORS 468.020,468A.025, 468A.035 & 468A.055                
288 NOTE: This rule is included in the State of Oregon Clean Air Act Implementation Plan as adopted by the Environmental Quality Commission under OAR 340-200-0040.
291 Federal Acid Rain Program                    
292 340-228-0400                        
293 Purpose                        
294 (1) OAR 340-228-0400 through 340-228-0530 implement the Western Backstop (WEB) Sulfur Dioxide (SO2) Trading Program provisions in accordance with the federal Regional Haze Rule, 40 CFR 51.309 (2003), and Section 5.5.2.3 of the State Implementation Plan, titled "Sulfur Dioxide Milestones and Backstop Trading Program," incorporated under 340-200-0040.
295 Stat. Auth.: ORS 468.020                      
296 Stats. Implemented: ORS 468A.035                    
297 [NOTE: This rule is included in the State of Oregon Clean Air Act Implementation Plan as adopted by the EQC under OAR 340-200-0040.]      
300 340-228-0410                        
301 Definitions                        
302 The definitions in OAR 340-200-0020 and this rule apply to 340-228-0400 through 340-228-0530. If the same term is defined in this rule and 340-200-0020, the definition in this rule applies to 340-228-0400 through 340-228-0530.
303 (3) "Actual Emissions" means total annual SO2 emissions determined in accordance with OAR 340-228-0480, or determined in accordance with SO2 emission inventory requirements of 340-214-0400 through 340-214-0430 for sources that are not subject to 340-228-0480.
304 (5) "Allowance" means the limited authorization under the WEB Trading Program to emit one ton of SO2 during a specified control period or any control period thereafter subject to the terms and conditions for use of unused allowances as established by OAR 340-228-0400 through 340-228-0530.
305 (6) "Allowance Limitation" means the tonnage of SO2 emissions authorized by the allowances available for compliance deduction for a WEB source for a control period under OAR 340-228-0510(1) on the allowance transfer deadline for that control period.
306 (14) "Emissions tracking database" means the central database where SO2 emissions for WEB sources as recorded and reported in accordance with OAR 340-228-0400 through 340-228-0530 are tracked to determine compliance with allowance limitations.
307 (18) "Milestone" means the maximum level of stationary source regional sulfur dioxide emissions for each year from 2003 to 2018, established according to the procedures in State Implementation Plan Section 5.5.2.3.1.
308 (28) "SO2 emitting unit" means any equipment that is located at a WEB source and that emits SO2.            
309 (34) "Web Trading Program" means OAR 340-228-0400 through 340-228-0530, the Western Backstop SO2 Trading Program, triggered as a backstop in accordance with the provisions in the SO2 Milestones and Backstop Trading Program Implementation Plan, if necessary, to ensure that regional SO2 emissions are reduced.
310 Stat. Auth.: ORS 468.020                      
311 Stats. Implemented: ORS 468A.035                    
312 [NOTE: This rule is included in the State of Oregon Clean Air Act Implementation Plan as adopted by the EQC under OAR 340-200-0040.]      
315 340-228-0420                        
316 WEB Trading Program Trigger                    
317 (1) OAR 340-228-0400 through 340-228-0530 becomes effective on the program trigger date established by the procedures outlined in the SO2 Milestones and Backstop Trading Program Implementation Plan.
318 (2) The Department may determine on a case-by-case basis, with concurrence from the EPA Administrator, that a source is not a WEB source if the source:    
319 (a) had actual sulfur dioxide emissions of 100 tons or more in a single year and in each of the previous five years had actual SO2 emissions of less than 100 tons per year, and
320 Stat. Auth.: ORS 468.020                      
321 Stats. Implemented: ORS 468A.035                    
322 NOTE: This rule is included in the State of Oregon Clean Air Act Implementation Plan as adopted by the EQC under OAR 340-200-0040.      
325 340-228-0430                        
326 WEB Trading Program Applicability                    
327 (1) General Applicability. Except as provided in section (2) of this rule, OAR 340-228-0400 through 340-228-0530 apply to any stationary source or group of stationary sources that are located on one or more contiguous or adjacent properties and that are under the control of the same person or persons under common control, belong to the same industrial grouping, and are described in subsections (a) through (c) of this section. A stationary source or group of stationary sources is considered part of a single industrial grouping if all of the pollutant emitting activities at such source or group of sources on contiguous or adjacent properties belong to the same Major Group (i.e., all have the same two-digit code) as described in the Standard Industrial Classification Manual, 1987.
328 (a) All BART-eligible sources as defined in 40 CFR 51.301 (2003) that are BART-eligible due to SO2 emissions.          
329 (b) All stationary sources not meeting the criteria of subsection (a) of this rule that have actual SO2 emissions of 100 tons or more per year in the program trigger years or any subsequent year. The fugitive emissions of a stationary source are not considered in determining whether the source is subject to OAR 340-228-0400 through 340-228-0530 unless the source belongs to one of the following categories of stationary source:
330 (c) A new source that begins operation after the program trigger date and has the potential to emit 100 tons or more of SO2 per year.      
332 (2) The Department may determine on a case-by-case basis, with concurrence from the EPA Administrator, that a source is not a WEB source if the source:    
333 (a) had actual sulfur dioxide emissions of 100 tons or more in a single year and in each of the previous five years had actual SO2 emissions of less than 100 tons per year, and
335 (4) Retired Source Exemption.                    
336 (a) Application. Any WEB that is permanently retired must apply for a retired source exemption. The WEB source may only be considered permanently retired if all SO2 emitting units at the source are permanently retired. The application must contain the following information:
338 (c) Responsibilities of Retired Sources:                    
339 (A) A retired source is exempt from OAR 340-228-0480 and 340-228-0510, except as provided below.            
340 (B) A retired source may not emit any SO2 after the date the Department issues a retired source exemption.          
341 (C) A WEB source must submit SO2 emissions reports, as required by OAR 340-228-0480 for any time period the source was operating before the effective date of the retired source exemption. The retired source is subject to the compliance provisions of OAR 340-228-0510, including the requirement to hold allowances in the source's compliance account to cover all SO2 emissions before the date the source was permanently retired.
342 (D) A retired source that is still in existence but no longer emitting SO2 must, for a period of five years from the date the records are created, retain records demonstrating the effective date of the retired source exemption for purposes of this rule.
343 Stat. Auth.: ORS 468.020                      
344 Stats. Implemented: ORS 468A.035                    
345 [NOTE: This rule is included in the State of Oregon Clean Air Act Implementation Plan as adopted by the EQC under OAR 340-200-0040.]      
348 340-228-0440                        
349 Account Representative for WEB Sources                  
350 (3) Requirements and Responsibilities.                    
351 (a) The Account Representative's responsibilities include, but are not limited to, transferring allowances; submitting monitoring plans, registrations, certification applications, SO2 emissions data, and compliance reports as required by OAR 340-228-0400 through 340-228-0530; and representing the source in all matters pertaining to the WEB Trading Program.
352 Stat. Auth.: ORS 468.020                      
353 Stats. Implemented: ORS 468A.035                    
354 [NOTE: This rule is included in the State of Oregon Clean Air Act Implementation Plan as adopted by the EQC under OAR 340-200-0040.]      
357 340-228-0460                        
358 Allowance Allocations                      
359 (1) The Tracking System Administrator must record the allowances for each WEB source in the compliance account for a WEB source after the Department allocates the allowances under Section 5.5.2.3.3(a) of the State Implementation Plan. If applicable, the Tracking System Administrator must record a portion of the SO2 allowances for a WEB source in a WEB source's special reserve compliance account assigned to the Department to account for any allowances to be held by the Department in accordance with OAR 340-228-0480(1)(b).
361 (4) An allowance is not a property right. It is a limited authorization to emit one ton of SO2 for the purpose of meeting the requirements of this Rule. No provision of this WEB Trading Program or other law should be construed to limit the authority of the United States or the Department to terminate or limit such authorization.
363 (5) Early Reduction Bonus Allocation. Any WEB source that reduces its permitted annual SO2 emissions to a level that is below the floor level allocation established for that source in State Implementation Plan Section 5.5.2.3.3.a between 2003 and the program trigger year may apply to the Department for an early reduction bonus allocation. The application must be submitted no later than ninety days after the Program Trigger Date. Any WEB source that applies and receives early reduction bonus allocations must retain the records referenced below for a minimum of five years after the early reduction bonus allowance is certified in accordance with Section 5.5.2.3.3(a)(c) of the State Implementation Plan. The application for an early reduction bonus allocation must contain the following information:
364 (a) Copies of all permits or other enforceable documents that include annual SO2 emissions limits for the WEB source during the period the WEB source was generating the early reductions. Such permits or enforceable documents require monitoring for SO2 emissions that meets the requirements in OAR 340-228-0480(1)(a) and 340-228-0480(1)(c).
365 (b) Copies of emissions monitoring reports for the period the WEB source was generating the early reductions that document the actual annual SO2 emissions and demonstrates that the actual annual SO2 emissions were below the floor level allocation established for that source in Section 5.5.2.3.3.a of the State Implementation Plan.
367 (6) Request for allowances for new WEB sources or modified WEB Sources.              
368 (a) A new WEB source or an existing WEB source that has increased production capacity through a permitted change in operations OAR 340, division 224 may apply to the Department for an allocation from the new source set-aside, as outlined in Section 5.5.2.3.3.c. of the State Implementation Plan.
369 (A) A new WEB source is eligible to apply for an annual allocation equal to the permitted annual SO2 emission limit for that source after the source has commenced operation.  
370 (B) An existing WEB source is eligible to apply for an annual allocation equal to the permitted annual SO2 emission limit for that source that is attributable to any amount of production capacity that is greater than the permitted production capacity for that source as of January 1, 2003.
371 Stat. Auth.: ORS 468.020                      
372 Stats. Implemented: ORS 468A.035                    
373 [NOTE: This rule is included in the State of Oregon Clean Air Act Implementation Plan as adopted by the EQC under OAR 340-200-0040.]      
376 340-228-0480                        
377 Monitoring, Recordkeeping and Reporting                  
378 (1) General Requirements on Monitoring Methods.                  
379 (a) For each SO2 emitting unit at a WEB source the owner or operator must comply with the following, as applicable, to monitor and record SO2 mass emissions:    
380 (A) If a unit is subject to 40 CFR Part 75 (2003) under a requirement separate from the WEB Trading Program, the unit must meet the requirements contained in Part 75 with respect to monitoring, recording and reporting SO2 mass emissions.
381 (B) If a unit is not subject to 40 CFR Part 75 (2003) under a requirement separate from the WEB Trading Program, a unit must use one of the following monitoring methods, as applicable:
382 (i) A continuous emission monitoring system (CEMS) for SO2 and flow that complies with all applicable monitoring provisions in 40 CFR Part 75;      
383 (ii) If the unit is a gas- or oil-fired combustion device, the excepted monitoring methodology in Appendix D to 40 CFR Part 75, or, if applicable, the low mass emissions (LME) provisions (with respect to SO2 mass emissions only) of section 75.19 of 40 CFR Part 75; or
384 (b) Notwithstanding OAR 340-228-0480(1)(a), the owner or operator of a unit that meets one of the conditions of 340-228-0480(1)(b)(A) may elect to have the provisions of this 340-228-0480(1)(b) apply to that unit.
385 (A) Any of the following units may implement OAR 340-228-0480(1)(b):                
386 (iii) Any other type of unit without add-on SO2 control equipment, if no control level was assumed for the WEB source in establishing the floor level (and reducible allocation) provided in Section 5.5.2.3.3.a of the State Implementation Plan.
387 (B) For each unit covered by OAR 340-228-0480(1)(b), the Account Representative must submit a notice to request that 340-228-0480(1)(b) applies to one or more SO2 emitting units at a WEB source. The notice must be submitted in accordance with the compliance dates specified in 340-228-0480(6)(a) and include the following information (in a format specified by the Department with such additional, related information as may be requested):
388 (i) A notice of all units at the applicable source, specifying which of the units are covered by OAR 340-228-0480(1)(b);        
389 (ii) Consistent with the emission estimation methodology used to determine the floor level (and reducible allocation) for the source in accordance with State Implementation Plan Section 5.5.2.3.3.a, the portion of the WEB source's overall allowance allocation that is attributable to any unit(s) covered by OAR 340-228-0480(1)(b); and
390 (iii) An identification of any such units that are permanently retired.                
391 (C) For each new unit at an existing WEB source for which the owner or operator seeks to comply with this OAR 340-228-0480(1)(b) and for which the Account Representative applies for an allocation under the new source set-aside provisions of 340-228-0460(6), the Account Representative must submit a modified notice under 340-228-0480(1)(b)(B) that includes such new SO2 emitting unit(s). The modified notice must be submitted in accordance with the deadlines in 340-228-0480, but no later than the date on which a request is submitted under 340-228-0460(6) for allocations from the set-aside.
392 (H) A WEB source may modify the monitoring for an SO2 emitting unit by using monitoring under OAR 340-228-0480(1)(a), but any such monitoring change must take effect on January 1 of the next compliance year. In addition, the Account Representative must submit an initial monitoring plan at least 180 days before the date on which the new monitoring will take effect and a detailed monitoring plan in accordance with 340-228-0480(2). The Account Representative must also submit a revised notice under 340-228-0480(1)(b)(B) with the initial monitoring plan.
393 (c) For any monitoring method that the owner or operator uses under this rule (including OAR 340-228-0480(1)(a)(B)) the owner or operator (and, as applicable, the Account Representative) must install, certify, and operate such monitoring in accordance with this rule and record and report the data from such monitoring as required in this rule. In addition, the owner or operator (and, as applicable, the Account Representative) may not:
394 (B) Operate an SO2 emitting unit so as to discharge, or allow to be discharged, SO2 emissions to the atmosphere without accounting for these emissions in accordance with the applicable provisions of this rule;
395 (C) Disrupt the approved monitoring method or any portion thereof and thereby avoid monitoring and recording SO2 mass emissions discharged into the atmosphere, except for periods of recertification or periods when calibration, quality assurance testing, or maintenance is performed in accordance with the applicable provisions of this rule; or
397 (2) Monitoring Plan.                      
398 (a) General Provisions. The owner or operator of an SO2 emitting unit that uses a monitoring method under OAR 340-228-0480(1)(a)(A) must meet the following requirements:  
399 (A) Prepare and submit to the Department an initial monitoring plan for each monitoring method that the owner or operator uses to comply with this rule. In accordance with OAR 340-228-0480(2)(c), the plan must contain sufficient information on the units involved, the applicable method, and the use of data derived from that method to demonstrate that all unit SO2 emissions are monitored and reported. The plan must be submitted in accordance with the compliance deadlines specified in OAR 340-228-0480(6).
400 (b) The owner or operator of an SO2 emitting unit that uses a method under OAR 340-228-0480(1)(a)(A) (a unit subject to 40 CFR Part 75 (2003) under a program other than this WEB Trading Program) must meet the requirements of 340-228-0480(2)(a)-(f) by preparing, maintaining, and submitting a monitoring plan in accordance with the requirements of 40 CFR Part 75 (2003), provided that the owner or operator also submits the entire monitoring plan to the Department upon request.
401 (c) Initial Monitoring Plan. The Account Representative must submit an initial monitoring plan for each SO2 emitting unit (or group of units sharing a common methodology) that, except as otherwise specified in the permit monitoring requirements that, except as otherwise specified in an applicable provision in Appendix A, contains the following information:
402 (A) For all SO2 emitting units involved in the monitoring plan:                
403 (v) Types of fuel(s) fired (or sulfur containing process materials used in the SO2 emitting unit) and the fuel classification of the unit if combusting more than one type of fuel and using a 40 CFR Part 75 (2003) methodology;
404 (d) Detailed Monitoring Plan. The Account Representative must submit a detailed monitoring plan that, except as otherwise specified in an applicable provision in Appendix A, contains the following information:
405 (A) Identification and description of each monitoring component (including each monitor and its identifiable components, such as analyzer and/or probe) in a CEMS (e.g., SO2 pollutant concentration monitor, flow monitor, moisture monitor), a 40 CFR Part 75, Appendix D monitoring system (e.g., fuel flowmeter, data acquisition and handling system), or a protocol in or a protocol in Appendix A, including:
406 (E) If using CEMS for SO2 and flow, for each parameter monitored, include the scale, maximum potential concentration (and method of calculation), maximum expected concentration (if applicable) (and method of calculation), maximum potential flow rate (and method of calculations), span value, full-scale range, daily calibration units of measure, span effective date/hour, span inactivation date/hour, indication of whether dual spans are required, default high range value, flow rate span, and flow rate span value and full scale value (in scfh) for each unit or stack using SO2 or flow component monitors.
407 (F) If the monitoring system or excepted methodology provides for use of a constant, assumed, or default value for a parameter under specific circumstances, then include the following information for each value of such parameter:
408 (ix) For units using the excepted methodology under 40 CFR section 75.19 (2003), the applicable SO2 emission factor.        
409 (e) In addition to supplying the information in OAR 340-228-0480(2)(c) and (d), the owner or operator of an SO2 emitting unit using either of the methodologies in OAR 340-228-0480(1)(a)(B)(ii) must include the following information in its monitoring plan for the specific situations described:
410 (A) For each gas-fired or oil-fired SO2 emitting unit for which the owner or operator uses the optional protocol in appendix D to 40 CFR Part 75 for SO2 mass emissions, the Account Representative must include the following information in the monitoring plan:
411 (viii) For units using the optional default SO2 emission rate for "pipeline natural gas" or "natural gas" in appendix D to 40 CFR Part 75 (2003), the information on the sulfur content of the gaseous fuel used to demonstrate compliance with either section 2.3.1.4 or 2.3.2.4 of appendix D to 40 CFR Part 75;
412 (B) For each SO2 emitting unit for which the owner or operator uses the low mass emission excepted methodology of section 75.19 to 40 CFR Part 75, the Account representative must include the following information in the monitoring plan that accompanies the initial certification application:
413 (i) The results of the analysis performed to qualify as a low mass emissions unit under 40 CFR section 75.19(c) (2003). This report must include either the previous three years actual or projected emissions. The following items must be included:
414 (IV) Annual measured, estimated, or projected SO2 mass emissions for years one, two, and three; and            
415 (v) A statement that the unit meets the applicability requirements in 40 CFR 75.19(a) and (b) with respect to SO2 emissions; and        
416 (vi) Any unit historical actual, estimated and projected SO2 emissions data and calculated SO2 emissions data demonstrating that the unit qualifies as a low mass emissions unit under 40 CFR 75.19(a) and (b).
417 (3) Certification/Recertification                    
418 (b) The owner or operator of an SO2 emitting unit not otherwise subject to 40 CFR Part 75 that monitors SO2 mass emissions in accordance with 40 CFR Part 75 to satisfy the requirements of this rule must perform all of the tests required by that regulation and must submit the following to the Department:
420 (5) Substitute Data Procedures.                    
421 (b) For an SO2 emitting unit that does not have a certified (or provisionally certified) monitoring system in place as of the beginning of the first control period for which the unit is subject to the WEB Trading Program, the owner or operator must:
422 (A) If the owner or operator will use a CEMS to comply with OAR 340-228-0400 through 340-228-0530, substitute the maximum potential concentration of SO2 for the unit and the maximum potential flow rate, as determined in accordance with 40 CFR Part 75 (2003). The procedures for conditional data validation under 40 CFR section 75.20(b)(3) may be used for any monitoring system under this Rule that uses these 40 CFR Part 75 procedures, as applicable;
423 (C) If the owner or operator will use the 40 CFR Part 75 low mass emissions units, substitute the SO2 emission factor required for the unit as specified in 40 CFR section 75.19 and the maximum rated hourly heat input, as defined in 40 CFR section 72.2.
424 (7) Recordkeeping.                      
425 (a) Except as provided in OAR 340-228-0480(7)(b), the WEB source must keep copies of all reports, registration materials, compliance certifications, sulfur dioxide emissions data, quality assurance data, and other submissions under 340-228-0400 through 340-228-0530 for a period of five years. In addition, the WEB source shall keep a copy of all Account Certificates of Representation for the duration of the program. Unless otherwise requested by the WEB source and approved by the Department, the copies must be kept on site.
426 (b) The WEB source must keep records of all operating hours, quality assurance activities, fuel sampling measurements, hourly averages for SO2, stack flow, fuel flow, or other continuous measurements, as applicable, and any other applicable data elements specified in this rule or in Appendix A to this Rule. The WEB source must maintain the applicable records specified in 40 CFR Part 75 for any SO2 emitting unit that uses a Part 75 monitoring method to meet the requirements of this rule.
428 (8) Reporting.                        
429 (a) Quarterly Reports. For each SO2 emitting unit, the Account Representative must submit a quarterly report within thirty days after the end of each calendar quarter. The report must be in a format specified by the Department to include hourly and quality assurance activity information and must be submitted in a manner compatible with the emissions tracking database designed for the WEB Trading Program. If the owner or operator submits a quarterly report under 40 CFR Part 75 to the U.S. EPA Administrator, no additional report under this paragraph (a) are required; provided, however, that the Department may require that a copy of that report (or a separate statement of quarterly and cumulative annual SO2 mass emissions) be submitted separately to the Department.
430 (b) Annual Report. Based on the quarterly reports, each WEB source must submit an annual statement of total annual SO2 emissions for all SO2 emitting units at the source. The annual report must identify total emissions for all units monitored in accordance with OAR 340-228-0480(1)(a) and the total emissions for all units with emissions estimated in accordance with 340-228-0480(1)(b). The annual report must be submitted within 60 days after the end of a control period.
431 (e) Petitions. A WEB source may petition for an alternative to any requirement specified in OAR 340-228-0480(1)(a)(B). The petition requires approval by the Department and the U.S. EPA Administrator. Any petition submitted under this paragraph must include sufficient information for evaluating the petition, including, at a minimum, the following information:
432 (A) Identification of the WEB source and applicable SO2 emitting unit(s);                
433 Stat. Auth.: ORS 468.020                      
434 Stats. Implemented: ORS 468A.035                    
435 NOTE: This rule is included in the State of Oregon Clean Air Act Implementation Plan as adopted by the EQC under OAR 340-200-0040.]      
438 340-228-0510                        
439 Compliance                        
440 (1) Compliance with Allowance Limitations.                    
441 (a) The WEB source must hold allowances, in accordance with OAR 340-228-0510(1)(b) and 340-228-0500, as of the allowance transfer deadline in the WEB source's compliance account, (together with any current control year allowances held in the WEB source's special reserve compliance account under 340-228-0480(1)(b)) in an amount not less than the total SO2 emissions for the control period from the WEB source, as determined under the monitoring and reporting requirements of 340-228-0480.
442 (A) For each source that is a WEB source on or before the Program Trigger Date, the first control period is the calendar year that is six years following the calendar year for which SO2 emissions exceeded the milestone in accordance with procedures in Section 5.5.2.3.1 of the State Implementation Plan.
443 (c) Compliance with allowance limitations must be determined as follows:                
444 (A) The total annual SO2 emissions for all SO2 emitting units at the source that are monitored under OAR 340-228-0480(1)(b), as reported by the source in 340-228-0480(8)(b) or (d), and recorded in the emissions tracking database shall be compared to the allowances held in the source's special reserve compliance account as of the allowance transfer deadline for the current control period, adjusted in accordance with 340-228-0500. If the emissions are equal to or less than the allowances in such account, all such allowances shall be retired to satisfy the obligation to hold allowances for such emissions. If the total emissions from such units exceeds the allowances in such special reserve account, the WEB source shall account for such excess emissions in the following paragraph (A) of this subsection.
445 (B) The total annual SO2 emissions for all SO2 emitting units at the source that are monitored under OAR 340-228-0480(1)(a), as reported by the source in 340-228-0480(8)(b) or (d), and recorded in the emissions tracking database, together with any excess emissions as calculated in the preceding paragraph (A) of this subsection, shall be compared to the allowances held in the source's compliance account as of the allowance transfer deadline for the current control period, adjusted in accordance with 340-228-0500.
446 (e) SO2 emissions violations by a source subject to (c) and (d) of this rule:              
447 (A) Each ton of SO2 by a source in excess of its allowance limitation for a control period is a violation.            
448 (B) Each day of the control period is a separate violation, and each ton of SO2 emissions in excess of a source's allowance limitation is a separate violation.    
449 (2) Certification of Compliance.                    
450 (c) In the Compliance Certification report, the Account Representative must certify, based on reasonable inquiry of those persons with primary responsibility for operating the WEB source in compliance with the WEB Trading Program, whether the WEB source for which the compliance certification is submitted was operated in compliance with the requirements of the WEB Trading Program applicable to the source during the control period covered by the report, including:
451 (A) Whether the WEB source operated in compliance with the SO2 allowance limitation;              
452 (B) Whether SO2 emissions data was submitted to the Department in accordance with OAR 340-228-0480(8) and other applicable requirements, for review, revision as necessary, and finalization;
453 (C) Whether the monitoring plan for the WEB source has been maintained to reflect the actual operation and monitoring of the source and contains all information necessary to attribute SO2 emissions to the source, in accordance with OAR 340-228-0480(1);
454 (D) Whether all the SO2 emissions from the WEB source, were monitored or accounted for either through the applicable monitoring or through application of the appropriate missing data procedures;
455 (E) If applicable, whether any SO2 emitting unit for which the WEB source is not required to monitor in accordance with OAR 340-228-0480(1)(a)(C) remained permanently retired and had no emissions for the entire applicable period; and
456 (F) Whether there were any changes in the method of operating or monitoring the WEB source that required monitor recertification. If there were any such changes, the report must specify the nature, reason, and date of the change, the method to determine compliance status subsequent to the change, and specifically, the method to determine SO2 emissions.
458 (3) Penalties for any WEB source exceeding its allowance limitations.                
459 (a) Allowance deduction penalties.                    
460 (A) An allowance deduction penalty will be assessed equal to two times the number of the WEB source's tons of SO2 emissions in excess of its allowance limitation for a control period, determined in accordance with OAR 340-228-0510(1). Allowances allocated for that control period in the amount of the allowance deduction penalty will be deducted from the source's compliance account. If the compliance account does not have sufficient allowances allocated for that control period, the required number of allowances will be deducted from the WEB source's compliance account regardless of the control period for which they were allocated, once allowances are recorded in the account.
461 (B) Any allowance deduction required under OAR 340-228-0510(1)(c) will not affect the liability of the owners and operators of the WEB source for any fine, penalty, or assessment or their obligation to comply with any other remedy for the same violation as ordered under the Clean Air Act, implementing regulations, or applicable state or tribal law. Accordingly, a violation can be assessed each day of the control period for each ton of SO2 emissions in excess of its allowance limitation or for each other violation of OAR 340-228-0400 through 340-228-0530.
462 Stat. Auth.: ORS 468.020                      
463 Stats. Implemented: ORS 468A.035                    
464 NOTE: This rule is included in the State of Oregon Clean Air Act Implementation Plan as adopted by the EQC under OAR 340-200-0040.      
467 340-228-0520                        
468 Special Penalty Provisions for 2018 Milestone                  
469 (1) If the WEB Trading Program is triggered as outlined in Section 5.5.2.3.1 of the State Implementation Plan, and the first control period will not occur until after the year 2018, the following provisions will apply for the 2018 emissions year.
470 (d) A WEB source must hold allowances allocated for 2018 including those transferred into the compliance account or a special reserve account by an allowance transfer correctly submitted by the allowance transfer deadline, in an amount not less than the WEB source's total SO2 emissions for 2018. Emissions will be determined using the pre-trigger monitoring provisions in Section 5.5.2.3.2 of the State Implementation Plan, and OAR 340-214-0400 through 340-214-0530.
471 (e) An allowance deduction and penalty for violation of SO2 allowance limitation will be assessed and levied in accordance with OAR 340-228-0500(4), 340-228-0510(1)(d) and (e), and 340-228-0510(3) and (4), except that SO2 emissions will be determined under 340-228-0520(1)(d).
473 (2) If the program has been triggered and OAR 340-228-0520(1) is implemented, the provisions of 340-228-0520(3) will apply for each year after the 2018 emission year until:  
474 (b) The Department determined, in accordance with section 5.5.2.3.1(c)(10) of the Implementation Plan, that the 2018 SO2 milestone has been met.    
476 (3) If OAR 340-228-0520(1) was implemented, the following will apply to each emissions year after the 2018 emissions year:        
477 (c) A WEB source must hold allowances allocated for that specific emissions year, or any year after 2018, including those transferred into the compliance account by an allowance transfer correctly submitted by the allowance transfer deadline, in an amount not less than the WEB source's total SO2 emissions for the specific emissions year. Emissions are determined using the pre-trigger monitoring provisions in Section 5.5.2.3.2 of the State Implementation Plan, and OAR 340-214-0400 through 0530.
478 (d) An allowance deduction and penalty for violation of SO2 allowance limitation will be assessed and levied in accordance with OAR 340-228-0500(4), 340-228-0510(1)(d) and (e), and 340-228-0510(3) and (4), except that SO2 emissions shall be determined under 340-228-0520(3)(c).
479 Stat. Auth.: ORS 468.020                      
480 Stats. Implemented: ORS 468A.035                    
481 [NOTE: This rule is included in the State of Oregon Clean Air Act Implementation Plan as adopted by the EQC under OAR 340-200-0040.]      
484 APPENDIX A: WEB MODEL RULE MONITORING PROTOCOLS                
485 Protocol WEB-1: SO2 Monitoring of Fuel Gas Combustion Devices                
486 (4) The hourly mass SO2 emissions shall be calculated using the following equation:              
487 E = (CS)(Qf)(K)                      
488 where: E = SO2 emissions in lbs/hr                    
489 CS = Sulfur content of the fuel gas as H2S(ppmv)                  
490 Qf = Fuel gas flow rate (scfh)                    
491 K = 1.660 x 10-7 (lb/scf)/ppmv                    
492 (b) In place of a CFGMS in paragraph (a) of this Section 2, fuel gas combustion devices having a common source of fuel gas may be monitored with an SO2 CEMS and flow CEMS at only one location, if the CEMS monitoring at that location is representative of the SO2 emission rate (lb SO2/scf fuel gas burned) of all applicable fuel gas combustion devices. Continuous fuel flow meters shall be used in accordance with paragraph (b), and the fuel gas combustion device monitored by a CEMS shall have separate fuel metering.
493 (1) Each CEMS for SO2 and flow shall comply with the operating requirements, performance specifications, and quality assurance requirements of 40 CFR Part 75.  
494 (3) The SO2 mass emissions for all the fuel gas combustion devices monitored by this approach shall be determined by the ratio of the amount of fuel gas burned by the CEMS-monitored fuel gas combustion device to the total fuel gas burned by all applicable fuel gas combustion devices using the following equation:
495 Et = (Em)(Qt)/(Qm)                      
496 where: Et = Total SO2 emissions in lbs/hr from applicable fuel gas combustion devices.              
497 Em = SO2 emissions in lbs/hr from the CEMS-monitored fuel gas combustion device.              
498 Qt = Fuel gas flow rate (scfh) from applicable fuel gas combustion devices.              
499 Qm = Fuel gas flow rate (scfh) from the CEMS-monitored fuel gas combustion device.              
500 (c) In place of a CFGMS in paragraph (a) of this section, fuel gas combustion devices having a common source of fuel gas may be monitored with an SO2 -- diluent CEMS at only one location, if the CEMS monitoring at that location is representative of the SO2 emission rate (lb SO2/mmBtu) of all applicable fuel gas combustion devices. If this option is selected, the owner or operator shall conduct fuel gas sampling and analysis for gross calorific value (GCV), and shall use continuous fuel flow metering in accordance with paragraph (a) of this Section 2, with separate fuel metering for the CEMS-monitored fuel gas combustion device.
501 (1) Each SO2-diluent CEMS shall comply with the applicable provisions for SO2 monitors and diluent monitors in 40 CFR Part 75, and shall use the procedures in section 3 of Appendix F to Part 75 for determining SO2 emission rate (lb/mmBtu) by substituting the term SO2 for NOx in that section.
502 (3) The SO2 mass emissions for all the fuel gas combustion devices monitored by this approach shall be determined by the ratio of the fuel gas heat input to the CEMS-monitored fuel gas combustion device to the total fuel gas heat input to all applicable fuel gas combustion devices using the following equation:
503 Et = (Em)(Ht)/(Hm)                      
504 where: Et = Total SO2 emissions in lbs/hr from applicable fuel gas combustion devices.              
505 Em = SO2 emissions in lb/mmBtu from the CEMS - monitored fuel gas combustion device.            
506 Ht = Fuel gas heat input (mmBtu/hr) from applicable fuel gas combustion devices.              
507 Hm = Fuel gas heat input (mmBtu/hr) from the CEMS - monitored fuel gas combustion device.            
509 3. Certification/Recertification Requirements.                  
510 All monitoring systems are subject to initial certification and recertification testing as follows:            
511 (b) Each CEMS for SO2 and flow or each SO2-diluent CEMS shall comply with the testing and calibration requirements specified in 40 CFR Part 75, section 75.20 and Appendices A and B, except that each SO2-diluent CEMS shall meet the relative accuracy requirements for a NOx-diluent CEMS (lb/mmBtu).
513 4. Quality Assurance/Quality Control Requirements.                  
514 (a) A quality assurance/quality control (QA/QC) plan shall be developed and implemented for each CEMS for SO2 and flow or the SO2-diluent CEMS in compliance with Appendix B of 40 CFR Part 75.
516 5. Missing Data Procedures.                      
517 (a) For any period in which valid data are not being recorded by an SO2 CEMS or flow CEMS specified in this section, missing or invalid data shall be replaced with substitute data in accordance with the requirements in Subpart D of 40 CFR Part 75.
518 (b) For any period in which valid data are not being recorded by an SO2-diluent CEMS specified in this section, missing or invalid data shall be replaced with substitute data on a rate basis (lb/mmBtu) in accordance with the requirements for SO2 monitors in Subpart D of 40 CFR Part 75.
520 6. Monitoring Plan and Reporting Requirements.                  
521 In addition to the general monitoring plan and reporting requirements of Section I of this Rule, the owner or operator shall meet the following additional requirements:  
522 (b) If the provisions of paragraphs 2(b) or (c) are used, provide documentation and an explanation to demonstrate that the SO2 emission rate from the monitored unit is representative of the rate from non-monitored units.
523 Stat. Auth.: ORS 468.020                      
524 Stats. Implemented: ORS 468A.035                    
525 [NOTE: This rule is included in the State of Oregon Clean Air Act Implementation Plan as adopted by the EQC under OAR 340-200-0040.]      
528 340-228-0602                      
529 Definitions                        
530 (1) "Acid rain emissions limitation" means a limitation on emissions of sulfur dioxide or nitrogen oxides under the Acid Rain Program.        
531 (2) "Acid Rain Program" means a multi-state sulfur dioxide and nitrogen oxides air pollution control and emission reduction program established by the Administrator under title IV of the CAA and 40 CFR parts 72 through 78.
532                          
535 340-228-0603                      
536 Measurements, Abbreviations, and Acronyms                  
537 Measurements, abbreviations, and acronyms used in this part are defined as follows:              
538 (19) SO2-sulfur dioxide.                      
539                          
542 CEMS Performance Specifications                    
543 340-228-0625                      
544 Specifications and Test Procedures for Total Vapor Phase Mercury CEMS              
545 (8) Performance Specification (PS) Test Procedure.                  
546 (a) Installation and Measurement Location Specifications.                  
547 (A) CEMS Installation. Install the CEMS at an accessible location downstream of all pollution control equipment. Since the Hg CEMS sample system normally extracts gas from a single point in the stack, use a location that has been shown to be free of stratification for SO2 and NOX through concentration measurement traverses for those gases. If the cause of failure to meet the RA test requirement is determined to be the measurement location and a satisfactory correction technique cannot be established, the Administrator may require the CEMS to be relocated. Measurement locations and points or paths that are most likely to provide data that will meet the RA requirements are listed below.
549 (12) Bibliography.                      
550 (a) 40 CFR part 60, appendix B, ‘‘Performance Specification 2 -- Specifications and Test Procedures for SO2 and NOX Continuous Emission Monitoring Systems in Stationary Sources.’’
551                          
554 Sorbent Trap Sampling Procedures                    
555 340-228-0627                      
556 Quality Assurance and Operating Procedures for Sorbent Trap Monitoring Systems            
557 (7) Sample Collection and Transport.                    
558 (a) Pre-Test Procedures.                      
559 (A) Selection of Sampling Site. Sampling site information should be obtained in accordance with Method 1 in appendix A–1 to 40 CFR part 60. Identify a monitoring location representative of source Hg emissions. Locations shown to be free of stratification through measurement traverses for gases such as SO2 and NOX may be one such approach. An estimation of the expected stack Hg concentration is required to establish a target sample flow rate, total gas sample volume, and the mass of Hg0 to be spiked onto section 3 of each sorbent trap.
560                          
563 Missing Data Procedure                      
564 340-228-0631                      
565 Standard Missing Data Procedures for Hg CEMS                  
566 (1) Once 720 quality assured monitor operating hours of Hg concentration data have been obtained following initial certification, the owner or operator must provide substitute data for Hg concentration in accordance with the procedures in 40 CFR 75.33(b)(1) through (b)(4), except that the term "Hg concentration" shall apply rather than "SO2 concentration,” the term “Hg concentration monitoring system” shall apply rather than ”SO2 pollutant concentration monitor,” the term ”maximum potential Hg concentration,” as defined in 340-228-0602(25) shall apply, rather than ”maximum potential SO2 concentration”, and the percent monitor data availability trigger conditions prescribed for Hg in Table 1 of this division shall apply rather than the trigger conditions prescribed for SO2.
567                          
570 DIVISION 230                      
571 INCINERATOR REGULATIONS                    
572 340-230-0030                      
573 Definitions                        
574 The definitions in OAR 340-200-0020, 340-238-0040 and this rule apply to this division. If the same term is defined in this rule and 340-200-0020 or 340-238-0040, the definition in this rule applies to this division. Applicable definitions have the same meaning as those provided in 40 CFR 60.51c including, but not limited to:
575 (1) "Acid Gases" means any exhaust gas that includes hydrogen chloride and sulfur dioxide.            
576                          
579 Solid and Infectious Waste Incinerators                    
580 340-230-0110                      
581 Emissions Limitations                      
582 No person shall cause, suffer, allow, or permit the operation of any solid waste facility or infectious waste facility in a manner which violates the following emission limits and requirements:
583 (3) Sulfur Dioxide (SO2). For all incinerator facilities, emissions of sulfur dioxide from each stack shall not exceed 50 ppm as a running three-hour average corrected to seven percent O2; or shall be reduced by at least 70 percent by weight on a three-hour basis.
584                          
587 340-230-0130                      
588 Continuous Emission Monitoring                    
589 (1) All solid waste incinerators shall operate and maintain continuous monitoring for the following:            
590 (a) Sulfur dioxide;                      
591 (3) The Department may at any time require the installation of hydrogen chloride monitors for any solid and infectious waste incinerator, or sulfur dioxide monitors for any infectious waste incinerator, if the Department determines such monitoring is necessary, in order to demonstrate compliance with the hydrogen chloride emission limit.
592                          
595 340-230-0140                      
596 Reporting and Testing                      
597 (2) Source Testing:                      
598 (c) Unless otherwise specified by the Department, each incinerator shall be tested at start-up and annually thereafter for particulate, hydrogen chloride, sulfur dioxide, and carbon monoxide emissions.
599                          
602 340-230-0310                      
603 Emissions Limitations                      
604 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:
605 (4) Sulfur dioxide (SO2) emissions from each unit must not exceed 29 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.
606 NOT PART OF SIP - SHOUD IT BE????                  
609 340-230-0340                      
610 Monitoring and Testing                      
611 (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.
612 (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.
614 (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).
615 (a) EPA Reference Method 19, section 4.3, must be used to calculate the daily geometric average sulfur dioxide emission concentration.      
616 (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.  
617 (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.
618 (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.
619 (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.
620 (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.
621 (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.
622 (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.
623 (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.
624 (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.        
625 (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.
626 (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.
627 (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.
628                          
631 340-230-0350                        
632 Recordkeeping and Reporting                    
633 (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.
634 (b) The emission concentrations and parameters measured using continuous monitoring systems as specified in paragraphs (1)(b)(A) and (B) of this rule:    
635 (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:
636 (ii) All 1-hour average sulfur dioxide emission concentrations as specified under OAR 340-230-0340(5).            
637 (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.
638 (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).
639 (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.
640 (A) Sulfur dioxide emissions data;                    
641 (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.
642 (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.
644 (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.
645 (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.
647 (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.
648 (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:
649 (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.
650 (D) Periods when valid data were not obtained as described in subparagraphs (3)(a)(D)(i) through (iii) of this rule.          
651 (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.
652 (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.
653 (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.
655 (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.
656 (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.
657 (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.
658                          
661 340-230-0380                        
662 Emission Limits                      
663 No person may cause, allow, or permit the operation of any affected municipal waste combustion unit in a manner that violates the following emission limits and requirements.  
664 (1) Class I units:                      
665 (c) Acid Gases:                      
666 (B) Sulfur Dioxide. The sulfur dioxide emissions must not exceed 31 parts per million by dry volume or 75 percent reduction of potential sulfur dioxide emissions, corrected to 7 percent oxygen, using 24-hour daily block geometric average concentration percent reduction. Compliance must be determined by a continuous emission monitoring system.
667 (b) Metals:                        
668 (B) Sulfur Dioxide. The sulfur dioxide emissions must not exceed 77 parts per million by dry volume or 50 percent reduction of potential sulfur dioxide emissions, corrected to 7 percent oxygen, using 24-hour daily block geometric average concentration percent reduction. Compliance must be determined by a continuous emission monitoring system.
669                          
672 340-230-0383                        
673 Continuous Emission Monitoring                    
674 (1) Types of monitoring. To continuously monitor emissions, the owner or operator must perform the following four tasks:        
676 (2) What continuous emission monitoring systems (CEMS) must be installed and its use:            
677 (a) The owner or operator must install, calibrate, maintain, and operate continuous emission monitoring systems for oxygen or carbon dioxide, sulfur dioxide, and carbon monoxide. If it is a Class I municipal waste combustion unit, also install, calibrate, maintain, and operate a continuous emission monitoring system for nitrogen oxides. Install the continuous emission monitoring systems for sulfur dioxide, nitrogen oxides, and oxygen or carbon dioxide at the outlet of the air pollution control device.
678 (c) The owner or operator must monitor the oxygen or carbon dioxide concentration at each location where sulfur dioxide and carbon monoxide is monitored. Also, if there is a Class I municipal waste combustion unit, the owner or operator must monitor the oxygen or carbon dioxide concentration at the location where nitrogen oxides is monitored.
679 (e) If the owner or operator chooses to demonstrate compliance by monitoring the percent reduction of sulfur dioxide, continuous emission monitoring systems for sulfur dioxide and oxygen or carbon dioxide must be installed at the inlet of the air pollution control device.
680 (f) If the owner or operator prefers to use an alternative sulfur dioxide monitoring method, such as parametric monitoring, or cannot monitor emissions at the inlet of the air pollution control device to determine percent reduction, the owner or operator may apply to the Department for approval to use an alternative monitoring method under 40 CFR 60.13(i).
681 (g) Use of data from continuous emission monitoring systems. The owner or operator must use data from the continuous emission monitoring systems for sulfur dioxide, nitrogen oxides, and carbon monoxide to demonstrate continuous compliance with the applicable emission limits specified in OAR 340-230-0380(1) and (2). To demonstrate compliance for dioxins/furans, cadmium, lead, mercury, particulate matter, opacity, hydrogen chloride, and fugitive ash, see OAR 340-230-0385(2).
683 (3) Continuous Emissions Monitoring Systems QA/QC. The owner or operator must:              
684 (a) Conduct initial, daily, quarterly, and annual evaluations of the continuous emission monitoring systems that measure oxygen or carbon dioxide, sulfur dioxide, nitrogen oxides (Class I municipal waste combustion units only), and carbon monoxide.
685 (c) For initial and annual evaluations, collect data concurrently (or within 30 to 60 minutes) using the oxygen or carbon dioxide continuous emission monitoring system, the sulfur dioxide, nitrogen oxides, or carbon monoxide continuous emission monitoring systems, as appropriate, and the appropriate test methods specified.
686 (B) For sulfur dioxide use Method 6 or 6C in Appendix A of 40 CFR Part 60 to validate pollutant concentration levels. Use Method 3 or 3A in Appendix A of 40 CFR Part 60 to measure oxygen (or carbon dioxide).
687 (d) Collect the data during each initial and annual evaluation of the continuous emission monitoring systems following the applicable performance specifications in appendix B 40 CFR Part 60. Use the performance specifications that apply to each continuous emission monitoring system.
688 (C) Sulfur Dioxide. Use a span value at the inlet to control device: 125 percent of the maximum expected hourly potential sulfur dioxide emissions of the municipal waste combustion unit. At the control device outlet: 50 percent of the maximum expected hourly potential sulfur dioxide emissions of the municipal waste combustion unit. Use Performance Specification 2 in Appendix B of 40 CFR Part 60. Use Method 6C in Appendix A of 40 CFR Part 60 to collect data if needed to meet minimum data requirements.
689 (e) Follow the quality assurance procedures in Procedure 1 of Appendix F 40 CFR Part 60 for each continuous emission monitoring system. The procedures include daily calibration drift and quarterly accuracy determinations.
691 (4) Exemptions. The accuracy tests for the sulfur dioxide continuous emission monitoring system requires the oxygen (or carbon dioxide) continuous emission monitoring system to be evaluated. Therefore, the oxygen (or carbon dioxide) continuous emission monitoring system is exempt from two requirements:
692 (a) Section 2.3 of Performance Specification 3 in Appendix B of 40 CFR Part 60 (relative accuracy requirement) and          
693 (b) Section 5.1.1 of Appendix F of 40 CFR Part 60 (relative accuracy test audit).              
695 (7) The owner or operator must obtain the minimum data requirements as follows:              
696 (a) Where continuous emission monitoring systems are required, obtain 1-hour arithmetic averages. Make sure the averages for sulfur dioxide, nitrogen oxides (Class I municipal waste combustion units only), and carbon monoxide are in parts per million by dry volume at 7 percent oxygen (or the equivalent carbon dioxide level). Use the 1-hour averages of oxygen (or carbon dioxide) data from the continuous emission monitoring system to determine the actual oxygen (or carbon dioxide) level and to calculate emissions at 7 percent oxygen (or the equivalent carbon dioxide level).
698 (8) Converting 1-hour arithmetic averages into averaging times. The owner or operator must:            
699 (b) Use EPA Reference Method 19 in Appendix A-7 of 40 CFR Part 60, to calculate the daily geometric average concentrations of sulfur dioxide emissions. If monitoring the percent reduction of sulfur dioxide, use EPA Reference Method 19 in appendix A-7 of 40 CFR Part 60, to determine the daily geometric average percent reduction of potential sulfur dioxide emissions.
700                          
703 340-230-0385                        
704 Stack Testing                      
705 (2) Use of stack test data. The owner or operator must use results of stack tests for dioxins/furans, cadmium, lead, mercury, particulate matter, opacity, hydrogen chloride, and fugitive ash to demonstrate compliance with the applicable emission limits in OAR 340-230-0380(1) and (2). To demonstrate compliance for carbon monoxide, nitrogen oxides, and sulfur dioxide, see 340-230-0383(2)(g).
706                          
709 340-230-0390                        
710 Recordkeeping                      
711 (5) Continuous Emissions Monitoring System Records Keep records of eight items:              
712 (a) Records of monitoring data. The owner or operator must document six parameters measured using continuous monitoring systems as follows:      
713 (B) All 1-hour average concentrations of sulfur dioxide emissions.                
714 (b) Records of average concentrations and percent reductions. The owner or operator must document five parameters:        
715 (A) All 24-hour daily block geometric average concentrations of sulfur dioxide emissions or average percent reductions of sulfur dioxide emissions.      
716 (d) Records of minimum data. The owner or operator must document three items as follows:            
717 (A) Calendar dates for which the owner or operator did not collect the minimum amount of data required under OAR 340-230-0383(7) and 340-230-0387(5). Record those dates for five types of pollutants and parameters:
718 (i) Sulfur dioxide emissions.                      
719 (e) Records of exclusions. The owner or operator must document each time there is excluded data from the calculation of averages for any of the following five pollutants or parameters and the reasons the data were excluded:
720 (A) Sulfur dioxide emissions.                      
721 (f) Records of drift and accuracy. The owner or operator must document the results of the daily drift tests and quarterly accuracy determinations according to Procedure 1 of appendix F of 40 CFR Part 60. Keep those records for the sulfur dioxide, nitrogen oxides (Class I municipal waste combustion units only), and carbon monoxide continuous emissions monitoring systems.
722                          
725 340-230-0395                        
726 Reporting                        
727 (3) Initial Report. The owner or operator must:                  
728 (b) The emission levels measured on the date of the initial evaluation of the continuous emission monitoring systems for all of the following five pollutants or parameters as recorded in accordance with OAR 340-230-0390(5)(b).
729 (A) The 24-hour daily geometric average concentration of sulfur dioxide emissions or the 24-hour daily geometric percent reduction of sulfur dioxide emissions.    
731 (4) Annual Report:                      
732 (b) The owner or operator must summarize data collected for all pollutants and parameters and must include the following items:        
733 (B) A list of the highest average levels recorded, in the appropriate units. List those values for five pollutants or parameters:        
734 (i) Sulfur dioxide emissions.                      
735 (E) The total number of days that the owner or operator did not obtain the minimum number of hours of data for six pollutants or parameters. Include the reasons the data was not obtained and corrective actions taken to obtain the data in the future. Include data on:
736 (i) Sulfur dioxide emissions.                      
737 (F) The number of hours the owner or operator has excluded data from the calculation of average levels (include the reasons for excluding it). Include data for six pollutants or parameters:
738 (i) Sulfur dioxide emissions.                      
740 (6) Semi-annual report (if it is required)                    
741 (b) For any of the following six pollutants or parameters that exceeded the limits specified in OAR 340-230-0375 to 0395, the owner or operator must include the calendar date they exceeded the limits, the averaged and recorded data for that date, the reasons for exceeding the limits, and the corrective actions:
742 (A) Concentration or percent reduction of sulfur dioxide emissions.                
743                          
746 DIVISION 234                      
747 EMISSION STANDARDS FOR WOOD PRODUCTS                  
748 INDUSTRIES                        
749 [NOTE: Administrative Order DEQ 37 repealed applicable portions of SA 22, filed 6-7-68.]            
750 340-234-0010                      
751 Definitions                        
752 The definitions in OAR 340-200-0020, 340-204-0010 and this rule apply to this division. If the same term is defined in this rule and 340-200-0020 or 340-204-0010, the definition in this rule applies to this division.
753 (1) "Acid Absorption Tower" means the device where the sodium carbonate and sulfur dioxide react to form a sodium sulfite solution prior to use as the cooking liquor.  
755 (3) "Average Daily Emission" means the total weight of sulfur oxides emitted in each month divided by the number of days of production that month.    
757 (23) "Neutral Sulfite Semi-Chemical (NSSC) Pulp Mill" means any industrial operation which uses for cooking, a liquor prepared from a sodium carbonate solution and sulfur dioxide at a neutral pH, range 6-8.
759 (43) "Sulfur Oxides" means sulfur dioxide, sulfur trioxide, and other sulfur oxides.              
760 Stat. Auth.: ORS 468 & 468A                    
761 Stats. Implemented: ORS 468A.025                    
762 NOTE: This rule is included in the State of Oregon Clean Air Act Implementation Plan as adopted by the Environmental Quality Commission under OAR 340-200-0040.
765 Kraft Pulp Mills                      
766 340-234-0210                      
767 Emission Limitations                      
768 (3) Sulfur Dioxide (SO2). Emissions of sulfur dioxide from each recovery furnace stack shall not exceed a three-hour arithmetic average of 300 ppm on a dry-gas basis except when burning fuel oil. The sulfur content of fuel oil used shall not exceed the sulfur content of residual and distillate oil established in OAR 340-228-0100 and 340-228-0110, respectively.
769 Stat. Auth.: ORS 468 & 468A                    
770 Stats. Implemented: ORS 468A.025                    
771 NOTE: Except for OAR 340-234-0210(1), this rule is included in the State of Oregon Clean Air Act Implementation Plan as adopted by the Environmental Quality Commission under OAR 340-200-0040.
774 340-234-0240                      
775 Monitoring                        
776 (3) Sulfur Dioxide (SO2). Representative sulfur dioxide emissions from each recovery furnace shall be determined at least once each month by the average of three one-hour source tests in accordance with the Department Source Sampling Manual or from continuous emission monitors. If continuous emission monitors are used, the monitors shall be operated for three consecutive hours in accordance with the Department Continuous Monitoring Manual.
777 Stat. Auth.: ORS 468 & 468A                    
778 Stats. Implemented: ORS 468A.025                    
779 NOTE: This rule is included in the State of Oregon Clean Air Act Implementation Plan as adopted by the Environmental Quality Commission under OAR 340-200-0040 with the exception of references to Total Reduced Sulfur.
782 340-234-0250                      
783 Reporting                        
784 If required by the Department or by permit, data shall be reported by each mill for each calendar month by the last day of the subsequent calendar month as follows:  
785 (3) Maximum daily three-hour average emission of SO2 based on all samples collected from the recovery furnace(s), expressed as ppm, dry basis.    
786 Stat. Auth.: ORS 468 & 468A                    
787 Stats. Implemented: ORS 468A.025                    
788 NOTE: This rule is included in the State of Oregon Clean Air Act Implementation Plan as adopted by the Environmental Quality Commission under OAR 340-200-0040 with the exception of references to Total Reduced Sulfur.
791 Neutral Sulfite Semi-Chemical (NSSC) Pulp Mills                  
792 340-234-0300                      
793 Applicability                        
794 OAR 340-234-0300 through 340-234-0360 apply to existing and new neutral sulfite semi-chemical (NSSC) pulp mills.          
795 Stat. Auth.: ORS 468A                      
796 Stats. Implemented: ORS 468 & ORS 468A                    
797 [NOTE: This rule is included in the State of Oregon Clean Air Act Implementation Plan as adopted by the EQC under OAR 340-200-0040.]      
800 340-234-0310                      
801 Emission Limitations                      
802 (3) Sulfur Dioxide (S02):                      
803 (a) Spent Liquor Incinerator. The emissions of sulfur dioxide from each spent liquor incinerator stack shall not exceed a 3-hr arithmetic average of 10 ppm on a dry gas basis;  
804 (b) Acid Absorption Tower. The emissions of sulfur dioxide from the acid absorption tower stack shall not exceed 20 ppm as a 3-hr arithmetic average on a dry gas basis.  
805 Stat. Auth.: ORS 468 & ORS 468A                    
806 Stats. Implemented: ORS 468A.025                    
807 NOTE: This rule is included in the State of Oregon Clean Air Act Implementation Plan as adopted by the Environmental Quality Commission under OAR 340-200-0040 with the exception of references to Total Reduced Sulfur.]
810 340-234-0340                      
811 Monitoring                        
812 (1) General:                        
813 (a) The details of the monitoring program for each mill shall be submitted to and approved by the Department. This submittal shall include diagrams and descriptions of all monitoring systems, monitoring frequencies, calibration schedules, descriptions of all sampling sites, data reporting formats and duration of maintenance of all data and reports. Any changes that are subsequently made in the approved monitoring program shall be submitted in writing to the Department for review and approved in writing prior to change;
814 (b) All records associated with the approved monitoring program including, but not limited to, original data sheets, charts, calculations, calibration data, production records and final reports shall be maintained for a period of at least two calendar years and shall be furnished to the Department upon request.
816 (4) Sulfur Dioxide (SO2). Representative sulfur dioxide emissions from spent liquor incinerators and from the acid absorption tower shall be determined at least once every six (6) months with:
817 (a) The sampling method; and                    
818 (b) The analytical method specified in the Department Source Sampling Manual.              
819 Stat. Auth.: ORS 468 & ORS 468A                    
820 Stats. Implemented: ORS 468A.025                    
821 [NOTE: This rule is included in the State of Oregon Clean Air Act Implementation Plan as adopted by the Environmental Quality Commission under OAR 340-200-0040 with the exception of references to Total Reduced Sulfur.]
824 340-234-0350                      
825 Reporting                        
826 Unless otherwise authorized by permit, data shall be reported by each mill for each sampling period by the 15th day of the first month following the applicable sampling period as follows:
827 (3) Daily average concentration of sulfur dioxide in ppm for each source included in the approved monitoring program based on all samples collected in any one sampling period.  
828 Stat. Auth.: ORS 468 & ORS 468A                    
829 Stats. Implemented: ORS 468A.025                    
830 NOTE: This rule is included in the State of Oregon Clean Air Act Implementation Plan as adopted by the Environmental Quality Commission under OAR 340-200-0040 with the exception of references to Total Reduced Sulfur.]
833 340-234-0360                      
834 Upset Conditions                      
835 (3) Each mill shall report the cumulative duration in hours each month of the upsets reported in section (1) of this rule and classified as to:      
836 (a) Spent Liquor Incinerator:                      
837 (C) SO2;                        
838 (b) Acid Absorption Tower:                      
839 (A) SO2;                        
840 Stat. Auth.: ORS 468 & ORS 468A                    
841 Stats. Implemented: ORS 468A.025                    
842 [NOTE: This rule is included in the State of Oregon Clean Air Act Implementation Plan as adopted by the Environmental Quality Commission under OAR 340-200-0040 with the exception of references to Total Reduced Sulfur.]
845 Sulfite Pulp Mills                      
846 340-234-0400                      
847 Statement of Policy and Applicability                    
848 (1) Policy. It is the policy of the Commission:                  
849 (b) To require the evaluation of improved and effective measuring techniques for sulfur oxides, total reduced sulfur, particulates, and other emissions from sulfite mills.  
850 Stat. Auth.: ORS 468 & ORS 468A                    
851 Stats. Implemented: ORS 468.020 & ORS 468A.025                  
852 [NOTE: This rule is included in the State of Oregon Clean Air Act Implementation Plan as adopted by the Environmental Quality Commission under OAR 340-200-0040.]  
855 340-234-0410                      
856 Minimum Emission Standards                    
857 (2) The total average daily emissions from a sulfite pulp mill shall not exceed 20 pounds of sulfur dioxide per ton of air dried unbleached pulp produced and in addition:  
858 (a) The blow system emissions shall not exceed 0.2 pounds of sulfur dioxide per minute per ton of unbleached pulp (charged to digester) on a 15 minute average;    
859 (b) Emissions from the recovery system, acid plant, and other sources shall not exceed 800 ppm of sulfur dioxide as an hourly average.      
860 (3) Mills of less than 110 tons of air dried unbleached pulp per day may be exempted from the limitations of section (2) of this rule provided that a minimum of 80 percent collection efficiency for sulphur dioxide (SO2) is maintained.
861 http://www.mindat.org/min-3826.html                  
862 Stat. Auth.: ORS 468 & ORS 468A                    
863 Stats. Implemented: ORS 468.020 & ORS 468A.025                  
864 [NOTE: This rule is included in the State of Oregon Clean Air Act Implementation Plan as adopted by the Environmental Quality Commission under OAR 340-200-0040.]  
867 340-234-0420                      
868 Monitoring and Reporting                      
869 (2) The monitoring equipment shall be capable of determining compliance with the emission limits established by OAR 340-234-0400 through 350-234-0430, and shall be capable of continual sampling and recording of concentrations of sulfur dioxide contaminants from the recovery system. Unless otherwise approved in writing, compliance shall be determined by EPA Method 6 which is contained in the Department Source Sampling Manual.
870 (3) Each mill shall sample the recovery system, blow system, and acid plant for sulfur dioxide emissions on a regularly scheduled basis.      
871 (5) Unless otherwise authorized, data shall be reported by each mill at the end of each calendar month as follows:          
872 (a) Average daily emissions of sulfur dioxides expressed as pounds of sulfur dioxide per ton of pulp produced from the blow system, recovery system, and acid plant;  
873 (b) The daily average and peak concentrations of sulfur dioxides expressed in pounds per hour and expressed in ppm of sulfur dioxide and the number of hours each day that the concentration exceeds 500 ppm;
874 Stat. Auth.: ORS 468 & 468A                    
875 Stats. Implemented: ORS 468.020 & ORS 468A.025                  
876 [NOTE: This rule is included in the State of Oregon Clean Air Act Implementation Plan as adopted by the Environmental Quality Commission under OAR 340-200-0040.]  
879 340-238-0060                      
880 Federal Regulations Adopted by Reference                  
881 (3) 40 CFR Part 60 Subparts adopted by this rule are titled as follows:                
882 (mmm) Subpart LLL — Onshore natural gas processing; SO2 emissions;                
883                          
886 340-244-0220                      
887 Federal Regulations Adopted by Reference                  
888 (1) Except as provided in sections (2) and (3) of this rule, 40 CFR Part 61, Subparts A, C through F, J, L, N through P, V, and Y through FF and 40 CFR Part 63, Subparts A, F through YYYY, AAAAA through TTTTTT, and VVVVVV through DDDDDDD are adopted by reference and incorporated herein.
889 (4) 40 CFR Part 61 Subparts adopted by this rule are titled as follows:                
890 (eee) Subpart UUU — Petroleum Refineries -- Catalytic Cracking Units, Catalytic Reforming Units, and Sulfur Recovery Units;        
891                          
894 DIVISION 250 GENERAL CONFORMITY                    
895 340-250-0020                      
896 Applicability                        
897 (2) For federal actions in a nonattainment area or maintenance area not covered by section (1) of this rule, a conformity determination is required for each pollutant where the total of direct and indirect emissions caused by a federal action would equal or exceed any of the rates in sections (3)(a) and (b) of this rule.
898 (3) The following emission rates apply to federal actions pursuant to section (2) of this rule:            
899 (a) For nonattainment areas: Pollutant -- Tons per year:                  
900 (C) SO2 or NO2: All NAAs -- 100;                    
901 (b) For maintenance areas: Pollutant -- Tons per Year:                  
902 (A) Ozone (NOx), SO2 or NO2: All maintenance areas -- 100;                
903 Stat. Auth.: ORS 468.020 & ORS 468A.035                    
904 Stats. Implemented: ORS 468A.035                    
905 [NOTE: This rule is included in the State of Oregon Clean Air Act Implementation Plan as Adopted by the Environmental Quality Commission under OAR 340-200-0040.]  
908 340-250-0030                      
909 Definitions                        
910 (22) "National ambient air quality standards" or "NAAQS" means those standards established pursuant to Section 109 of the Act and include standards for carbon monoxide (CO), lead (Pb), nitrogen dioxide (NO2), ozone, particulate matter (PM10), and sulfur dioxide (SO2).
911 Stat. Auth.: ORS 468.020 & ORS468A.035                    
912 Stats. Implemented: ORS 468A.035                    
913 [NOTE: This rule is included in the State of Oregon Clean Air Act Implementation Plan as Adopted by the Environmental Quality Commission under OAR 340-200-0040.]  
916 340-264-0070                      
917 Open Burning Conditions                      
918 Pursuant to ORS 468A.570, 476.380, 477.520 and 478.960, the following open burning conditions apply:          
919 (1) Mandatory Prohibition Based on Adverse Air Quality Conditions:                
920 (a) The Department will notify the State Fire Marshal that all open burning is prohibited in all or a specified part of the state when the Department declares:    
921 (A) A particulate or sulfur dioxide alert pursuant to OAR 340-206-0030(2);                
922 (B) A particulate or sulfur dioxide warning pursuant to OAR 340-206-0030(3); or              
923 Stat. Auth.: ORS 468, ORS 468A & ORS 477                  
924 Stats. Implemented: ORS 468A.555                    
925 NOTE: This rule is included in the State of Oregon Clean Air Act Implementation Plan as adopted by the Environmental Quality Commission under OAR 340-200-0040

SO2 in OARs

  A
1 started with PM2.5 crosswalk, highlighted PM-specific rules
2 Searched PM-specific rules to see if they also applied to other pollutants of interest
3 searched OARs for each pollutant (all variations of terms) & created tables of each
4 highlighted rules with SIP notes in yellow, rules without SIP notes in red
5 incorporated rules with SIP notes into crosswalks, respectively
6 added Autorizing ORSs (NOT Stats. Implemented) for each rule incorporeted into crosswalks, compared to existing ORS and eliminated redundancies

Crosswalk process

  A B C D E F G H I J K
1 Stand-alone defintiion needed?                    
2 Section 110(a)(2)(A) Emission limits and other control measures                  
3 Section 110(a)(2)(B) Ambient air quality monitoring/data system                  
4 Section 110(a)(2)(C) Program for enforcement of control measures                  
5 Section 110(a)(2)(D)(i) - I Prong 1: Interstate transport - significant contribution
                   
6 Section 110(a)(2)(D)(i) - I Prong 2: Interstate transport - interfere with maintenance
                   
7 Section 110(a)(2)(D)(i) - II Prong 3: Interstate transport - prevention of significant deterioration
                   
8 Section 110(a)(2)(D)(i) - II Prong 4: Interstate transport - protect visibility                    
9 Section 110(a)(2)(D)(ii) - Interstate and international pollution abatement
                   
10 Section 110(a)(2)(E) Adequate authority and resources
                   
11 Section 110(a)(2)(F) Stationary source monitoring system
                   
12 Section 110(a)(2)(G) Emergency power
                   
13 Section 110(a)(2)(H) Future SIP revisions
                   
14 Section 110(a)(2)(J) Consultation with government officials; Public notification; PSD and visibility protection
                   
15 Section 110(a)(2)(K) Air quality modeling/data
                   
16 Section 110(a)(2)(L) Permitting fees
                   
17 Section 110(a)(2)(M) Consultation/participation by affected local entities

                   
20 340-202-0130                    
21 Ambient Air Quality Standard for Lead                    
22 The lead concentration in ambient air as measured by an approved method must not exceed 0.15 micrograms per cubic meter as a maximum arithmetic mean averaged over a calendar quarter, determined by Appendix R, 40 CFR 50.
23 Stat. Auth.: ORS 468 & 468A                    
24 Stats. Implemented: ORS 468A.025                    
25 Hist.: DEQ 85, f. 1-29-75, ef. 2-25-75; DEQ 1-1983, f. & ef. 1-21-83; DEQ 8-1988, f. & cert. ef. 5-19-88 (corrected 9-30-88); DEQ 24-1991, f. & cert. ef. 11-13-91; DEQ 4-1993, f. & cert. ef. 3-10-93; DEQ 14-1999, f. & cert. ef. 10-14-99, Renumbered from 340-031-0055; DEQ 6-2001, f. 6-18-01, cert. ef. 7-1-01; DEQ 5-2010, f. & cert. ef. 5-21-10
26 NOTE: This rule is included in the State of Oregon Clean Air Act Implementation Plan as adopted by the Environmental Quality Commission under OAR 340-200-0040.              

Rule changes - Pb

  A B C D E F G H
1                
2 340-202-0100              
3 Nitrogen Dioxide              
4 Concentrations of nitrogen dioxide in ambient air as measured by an approved method must not exceed 0.053 ppm as an annual arithmetic mean at any site.    
5 [NOTE: This rule is included in the State of Oregon Clean Air Act Implementation Plan as adopted by the Environmental Quality Commission under OAR 340-200-0040.]  
6 Stat. Auth.: ORS 468 & ORS 468A              
7 Stats. Implemented: ORS 468A.025              
8 Hist.: DEQ 37, f. 2-15-72, ef. 3-1-72; DEQ 8-1988, f. & cert. ef. 5-19-88 (corrected 9-30-88); DEQ 24-1991, f. & cert. ef. 11-13-91; DEQ 4-1993, f. & cert. ef. 3-10-93; DEQ 14-1999, f. & cert. ef. 10-14-99, Renumbered from 340-031-0040; DEQ 6-2001, f. 6-18-01, cert. ef. 7-1-01
11 Section 110(a)(2)(A) Emission limits and other control measures Revise OAR 340-202-0100 to reflect: Nitrogen Dioxide primary 1-hour 100 ppb 98th percentile, averaged over 3 years [75 FR 6474, Feb 9, 2010]
12 Section 110(a)(2)(B) Ambient air quality monitoring/data system            
13 Section 110(a)(2)(C) Program for enforcement of control measures            
14 Section 110(a)(2)(D)(i) - I Prong 1: Interstate transport - significant contribution
             
15 Section 110(a)(2)(D)(i) - I Prong 2: Interstate transport - interfere with maintenance
             
16 Section 110(a)(2)(D)(i) - II Prong 3: Interstate transport - prevention of significant deterioration
             
17 Section 110(a)(2)(D)(i) - II Prong 4: Interstate transport - protect visibility              
18 Section 110(a)(2)(D)(ii) - Interstate and international pollution abatement
             
19 Section 110(a)(2)(E) Adequate authority and resources
             
20 Section 110(a)(2)(F) Stationary source monitoring system
             
21 Section 110(a)(2)(G) Emergency power
             
22 Section 110(a)(2)(H) Future SIP revisions
             
23 Section 110(a)(2)(J) Consultation with government officials; Public notification; PSD and visibility protection
             
24 Section 110(a)(2)(K) Air quality modeling/data
             
25 Section 110(a)(2)(L) Permitting fees
             
26 Section 110(a)(2)(M) Consultation/participation by affected local entities

             

Rule Changes NO2

  A
1 340-202-0070
2 Sulfur Dioxide
3 Concentrations of sulfur dioxide in ambient air as measured by an approved method must not exceed:
4 (1) 0.02 ppm as an annual arithmetic mean for any calendar year at any site.
5 (2) 0.10 ppm as a 24-hour average concentration more than once per year at any site.
6 (3) 0.50 ppm as a three-hour average concentration more than once per year at any site.
7 Stat. Auth.: ORS 468 & ORS 468A
8 Stats. Implemented: ORS 468A.025
9 [NOTE: This rule is included in the State of Oregon Clean Air Act Implementation Plan as adopted by the Environmental Quality Commission under OAR 340-200-0040.]
10 Section 110(a)(2)(A) Emission limits and other control measures
11 Section 110(a)(2)(B) Ambient air quality monitoring/data system
12 Section 110(a)(2)(C) Program for enforcement of control measures
13 Section 110(a)(2)(D)(i) - I Prong 1: Interstate transport - significant contribution
14 Section 110(a)(2)(D)(i) - I Prong 2: Interstate transport - interfere with maintenance
15 Section 110(a)(2)(D)(i) - II Prong 3: Interstate transport - prevention of significant deterioration
16 Section 110(a)(2)(D)(i) - II Prong 4: Interstate transport - protect visibility
17 Section 110(a)(2)(D)(ii) - Interstate and international pollution abatement
18 Section 110(a)(2)(E) Adequate authority and resources
19 Section 110(a)(2)(F) Stationary source monitoring system
20 Section 110(a)(2)(G) Emergency power
21 Section 110(a)(2)(H) Future SIP revisions
22 Section 110(a)(2)(J) Consultation with government officials; Public notification; PSD and visibility protection
23 Section 110(a)(2)(K) Air quality modeling/data
24 Section 110(a)(2)(L) Permitting fees
25 Section 110(a)(2)(M) Consultation/participation by affected local entities

Rule Changes SO2

  A B C D E F G H I J K L M N O
1 QUESTIONS                          
2 Because NO2 and SO2 are precusors to PM2.5, do we need to reference and PM rules in the crosswalks?          
3 Any need to search for "sulfur" or nitrogen" as stand-alone terms?                
4 Jill's rule is repealing several rules for which I have included in the table of rules that contain key words/pollutants - should I be making chages to ruels that will be repealed in Jill's RM, and if so - will the repeals impact the bundled SIP Submitall for Pb, SO2 and NO2? Any rules being repealed in Jill's referenced in the crosswalk?
5 It has been explained to me that we do not include SIP notes in our permitting rules because we do not want to have to revise the SIP when making changes to our permit rules - Aside from rules that refernce criteria pollutants, are there any other factors that help determine whehter a rule should have a SIP note at the end of it? (see those rules with a red line at bottom indicating there is no SIP note in the current version of the rule)
6 Considerations, pros/cons of IBR and historical decisions not to                
7 Bundled approach to simultaneisouly submitt I-SIP rulechanges for Pb, SO2 & NO2
8 Update SHLs? SILs? (numerical values, everaging times)                  
10 110(a)(2)(A) "enforecable emission limitations" = ? (NAAQS only, permit conditions related to NAAQS values?)        
12 Some of the citations do not have narratives while others do Those that do not appear to be self-explanatory (ex ORS468A.045 Activities Prohibited Without Permit: Limit on Activities with Permit):
14 What level do we need to go down to in referring to rules in the crosswalk? (see Lead OAR 340-258 Motor Vehicle Fuel Specifications)    
16 Where a reference is made to an entire division of OARs, all ORSs under that division are listed - is the the correct methodology?    
18 For Autorizing ORS references, if a rule cites a range of statutes that authorize, and another rule cites a statute w/in that range, the statute within the range is not listed separately. Ex: ORA 256 Morotr Vehicles : ORS 468A.350 - 468A.400, & ORS 468A.360 = "ORS 468A.350 - 468A.400"
20 How to refrence a section that has one rule which does NOT have a SIP note (ex: OAR 340-225 Air Quality Analysis Requirements: (NOTE:-0050 is not in SIP), 340-234-0250, 340-234-0300
22 How to address exclusoin of (a)(2)(I) from crosswalk and needed documentation from EPA            
24 There were some ORSs in the PM template that did not appear when I did the ORS searches for other pollutants - Were they general and apply to all, or do they need to be deleted?
26 For sections of crosswalk that have an OAR with a specific section, I only documented the ORSs under the Section identified - should I have also used the ORSs from purpoase and/or applicability sections of the Division?
28 For sections of the crosswalk that have a division listed w/o sections therein, all ORSs were listed - is the the correct methodology to use?  
30 I re-ordered ORSs and OARS that were not in numerical order - was there a reason they weren't?          
32 III. Guidance on Individual Infrastructure SIP Elements Element A - Section 110(a)(2)(A): Emission limits and other control measures: Each such plan shall – (A) include enforceable emission limitations and other control measures, means, or techniques (including economic incentives such as fees, marketable permits, and auctions of emissions rights), as well as schedules and timetables for compliance, as may be necessary or appropriate to meet the applicable requirements of this [Act]. QUESTION: For purposes of updating our Infrastructure SIP, does “enforceable emission limitations” refers to just the numerical values of the NAAQS that we intend to update in our rules to reflect the revised standards, or does this term also apply to permit conditions that will reflect the revised NAAQS?
33
34
35
36
37
39 Are there any OARs that address §110(a)(2)(E)(i)?                    
41 How to tell if there are other applicable OARs that did not get identified when doing a key word search or were already in the PM template but not PM-specific?
43 Some ORSs in the PM template have titles only, while some have titles with descriptions: rule of thumb for when to use which?    
45 Jill's rule is repealing several rules for which I have included in the table of rules that contain key words/pollutants - should I be making chages to ruels that will be repealed in Jill's RM, and if so - will the repeals impact the bundled SIP Submitall for Pb, SO2 and NO2?  
46  
47  
48  

Questions

  A
1 1)      What monitors are we going to discontinue, if any?
2 We may discontinue the assessment air toxics site currently in Hillsboro if the Legislature take the proposed 15% cut this April.
3 In July, we will discontinue PM10 in White City
4 In January, 2014 we will discontinue PM10 in NW Portland.
5 and
7 2)      What aspects of our monitoring were we not satisfied with, and why?
8 Funding cuts.  We have to run the newly required monitors (NO2 roadway, Pb, and SO2) with no additional funds.  We have to cut existing monitoring to fund these.    We also have aging equipment and need to replace our inventory on a regular basis. 
9 Finally, our AQI web site is 10 years old and very antiquated.  We need to update it, and hope to this spring.
13 ·        Date of last assessment
14 The last five year assessment was done in July 2010.  The last annual assessment was done in July 2012. 
16 ·        Conclusions of assessment
17 There is no dramatic conclusion each year.  The report is an adjustment of the network to balance the monitoring requirements and needs with the budget restrictions.   Last year’s biggest conclusion was where we were going to place the NO2 roadway site and what monitors we were going to discontinue to pay for the new monitoring.
18 The conclusion of the five year assessment was that we needed to monitor in areas with population density growth from 2000 to 2010.  These include Hillsboro, Gresham, and Oregon City.  We also where satisfied with most of our monitoring.
20 ·        Documentation submitted to EPA of assessment and results
22 We submit all the network plans to EPA Region 10 for approval. 
24 http://www.ecfr.gov/cgi-bin/text-idx?c=ecfr&SID=62a804d300890c5dc3e8d18d5143cb75&rgn=div5&view=text&node=40:6.0.1.1.6&idno=40#40:6.0.1.1.6.2.1.1
26 (d) The State, or where applicable local, agency shall perform and submit to the EPA Regional Administrator an assessment of the air quality surveillance system every 5 years to determine, at a minimum, if the network meets the monitoring objectives defined in appendix D to this part, whether new sites are needed, whether existing sites are no longer needed and can be terminated, and whether new technologies are appropriate for incorporation into the ambient air monitoring network. The network assessment must consider the ability of existing and proposed sites to support air quality characterization for areas with relatively high populations of susceptible individuals (e.g., children with asthma), and, for any sites that are being proposed for discontinuance, the effect on data users other than the agency itself, such as nearby States and Tribes or health effects studies. For PM2.5 , the assessment also must identify needed changes to population-oriented sites. The State, or where applicable local, agency must submit a copy of this 5-year assessment, along with a revised annual network plan, to the Regional Administrator. The first assessment is due July 1, 2010.
28 (e) All proposed additions and discontinuations of SLAMS monitors in annual monitoring network plans and periodic network assessments are subject to approval according to § 58.14.

Monitoring