DIVISION 228
REQUIREMENTS FOR FUEL BURNING EQUIPMENT AND FUEL SULFUR CONTENT
340-228-0020
Definitions
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 OAR 340-200-0020 or 340-204-0010, the definition in this rule applies to this division.
(1) "Distillate fuel oil" means any oil meeting the specifications of ASTM Grade 1 or 2 fuel oils;
(2) "Residual fuel oil" means any oil meeting the specifications of ASTM Grade 4, 5, or 6 fuel oils.
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.
[Publications: Publications referenced are available from the agency.]
Stat. Auth.: ORS 468 & 468A
Stats. Implemented: ORS 468.020 & 468A.025
Hist.: [DEQ 16, f. 6-12-70, ef. 7-11-70; DEQ 1-1984, f. & ef. 1-16-84; DEQ 4-1993, f. & cert. ef. 3-10-93; DEQ 3-1996, f. & cert. ef. 1-29-96]; [DEQ 37, f. 2-15-72, ef. 3-1-72; DEQ 4-1993, f. & cert. ef. 3-10-93]; [DEQ 37, f. 2-15-72, ef. 3-1-72; DEQ 4-1993, f. & cert. ef. 3-10-93]; DEQ 14-1999, f. & cert. ef. 10-14-99, Renumbered from 340-021-0005, 340-022-0005, 340-022-0050; DEQ 8-2007, f. & cert. ef. 11-8-07; DEQ 7-2011, f. & cert. ef. 6-24-11; Administrative correction, 2-6-12; DEQ 1-2012, f. & cert. ef. 5-17-12
Sulfur Content of Fuels
340-228-0120
Coal
(1) Except as provided in section (2), no person may sell, distribute, use, or make available for use, any coal containing greater than 1.0 percent sulfur by weight.
(2)No person may sell, distribute, use or make available for use any coal or coal containing fuel with greater than 0.3 percent sulfur and five percent volatile matter as defined in ASTM Method D3175 for direct space heating within the Portland, Salem, Eugene-Springfield, and Medford-Ashland Air Quality Maintenance Areas. For coals subjected to a devolatilization process, compliance with the sulfur limit may be demonstrated on the sulfur content of coal prior to the devolatilization process.
(3) Distributors of coal or coal containing fuel destined for direct residential space heating use must keep records for a five year period which must be available for DEQ inspection and which:
(a) Specify quantities of coal or coal containing fuels sold;
(b) Contain name and address of customers who are sold coal or coal containing fuels;
(c) Specify the sulfur and volatile content of coal or the coal containing fuel sold to residences in the Portland, Salem, Eugene-Springfield, and Medford-Ashland Air Quality Maintenance Areas.
[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.]
[Publications: The publications referred to or incorporated by reference in this rule are available from the agency.]
Stat. Auth.: ORS 468 & ORS 468A
Stats. Implemented: ORS 468A.025
Hist.: DEQ 37, f. 2-15-72, ef. 3-1-72; DEQ 3-1982, f. & ef. 1-29-82; DEQ 4-1993, f. & cert. ef. 3-10-93; DEQ 14-1999, f. & cert. ef. 10-14-99, Renumbered from 340-022-0020
340-228-0130
Exemptions
Exempted from the requirements of OAR 340-228-0100 through 340-228-0120 are:
(1) Fuels used exclusively for the propulsion and auxiliary power requirements of vessels, railroad locomotives, and diesel motor vehicles.
(2) With prior approval of DEQ, 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.
[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.]
Stat. Auth.: ORS 468 & ORS 468A
Stats. Implemented: ORS 468A.025
Hist.: DEQ 37, f. 2-15-72, ef. 3-1-72; DEQ 4-1993, f. & cert. ef. 3-10-93; DEQ 14-1999, f. & cert. ef. 10-14-99, Renumbered from 340-022-0025
General Emission Standards for Fuel Burning Equipment
340-228-0200
Sulfur Dioxide Standards
The following emission standards are only applicable to sources installed, constructed, or modified after January 1, 1972 except recovery furnaces regulated in division 234:
(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:
(a) 1.4 pounds per million BTU heat input, maximum three-hour average, when liquid fuel is burned;
(b) 1.6 pounds per million BTU heat input, maximum three-hour average, when solid fuel is burned.
(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:
(a) 0.8 pound per million BTU heat input, maximum three-hour average, when liquid fuel is burned;
(b) 1.2 pounds per million BTU heat input, maximum three-hour average, when solid fuel is burned.
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.
Stat. Auth.: ORS 468 & 468A
Stats. Implemented: ORS 468.020 & 468A.025
Hist.: DEQ 37, f. 2-15-72, ef. 3-1-72; DEQ 4-1993, f. & cert. ef. 3-10-93; DEQ 22-1996, f. & cert. ef. 10-22-96; DEQ 14-1999, f. & cert. ef. 10-14-99, Renumbered from 340-022-0055; DEQ 8-2007, f. & cert. ef. 11-8-07; DEQ 7-2011, f. & cert. ef. 6-24-11; Administrative correction, 2-6-12; DEQ 1-2012, f. & cert. ef. 5-17-12
340-228-0210
Grain Loading Standards
(1) This rule applies to fuel burning equipment, except solid fuel burning devices that have been certified under OAR 340-262-0500.
(2) No person may cause, suffer, allow, or permit particulate matter emission from any fuel burning equipment in excess of the following amounts:
(a) For sources installed, constructed, or modified before June 1, 1970:
(A) 0.10 grains per dry standard cubic foot unless representative compliance source test data collected prior to [INSERT DATE OF EQC ADOPTION OF RULES] demonstrates emissions greater than 0.080 grains per dry standard cubic foot;
(B) If representative compliance source test data collected prior to [INSERT DATE OF EQC ADOPTION OF RULES] demonstrates emissions greater than 0.080 grains per dry standard cubic foot, then:
(i) 0.2 grains per dry standard cubic foot until December 31, 2019; and
(ii)0.15 grains per dry standard cubic foot on and after January 1, 2020; and
(C) For equipment or a mode of operation (e.g., backup fuel) that is used less than 876 hours per calendar year, 0.20 grains per standard cubic foot on and after January 1, 2020.
(b) For sources installed, constructed, or modified on or after June 1, 1970 but prior to [INSERT DATE OF EQC ADOPTION OF RULES]:
(A) 0.10 grains per dry standard cubic foot unless representative compliance source test data collected prior to [INSERT DATE OF EQC ADOPTION OF RULES] demonstrates emissions greater than 0.080 grains per dry standard cubic foot; or
(B) If representative compliance source test data collected prior to [INSERT DATE OF EQC ADOPTION OF RULES] demonstrates emissions greater than 0.080 grains per dry standard cubic foot , then:
(i) 0.1 grains per dry standard cubic foot until December 31, 2019; and
(ii) 0.14 grains per dry standard cubic foot on and after January 1, 2020.
(c) For sources installed, constructed or modified after [INSERT DATE OF EQC ADOPTION OF RULES], 0.10 grains per dry standard cubic foot.
(d) The owner or operator of a source installed, constructed or modified before June 1, 1970 who is unable to comply with the standard in paragraph (a)(B)(ii) may request that DEQ set a source specific limit of 0.17 grains per dry standard cubic foot if:
(A) The owner or operator demonstrates, based on a report by a registered professional engineer that specializes in boiler/multiclone operation, that the fuel burning equipment will be unable to comply with the standard in paragraph (a)(C) after implementing any of the following options:
(i) Maintenance and upgrades to an existing multiclone system;
(ii) Replacement of an existing multiclone system; or
(iii) Addition of a multiclone system to uncontrolled fuel burning equipment; and
(B)The owner or operator submits an application for a permit modification to request the alternative limit by no later than October 1, 2019. The application must include the engineering report of the evaluation signed by a registered professional engineer. The request will be processed as a significant permit modification (simple fee) for sources with an Oregon Title V Operating Permit or as a simple technical modification for sources with an Air Contaminant Discharge Permit.
(e) The owner or operator of a source installed, constructed or modified before June 1, 1970 may request that DEQ grant an extension allowing the source up to one additional year to comply with the standard provided that the owner or operator demonstrates, based on an engineering report signed by a registered professional engineer that specializes in boiler/multiclone operation, that the source cannot comply with the standard without making significant changes to the equipment or control equipment or adding control equipment. The request for an extension must be submitted no later than October 1, 2019.
(3) Compliance with the emissions standards in section (2) is determined using Oregon Method 5, or an alternative method approved by DEQ.
(a) For indirect heat transfer fuel burning equipment that burn wood fuel by itself or in combination with any other fuel, the emission results are corrected to 12% CO2.
(b) For indirect heat transfer fuel burning equipment that burn fuels other than wood, the emission results are corrected to 50% excess air.
(c) For purposes of this rule, representative source test data is data that is obtained when a source is operating and maintaining air pollution control devices and emission reduction processes at the highest reasonable efficiency and effectiveness to minimize emissions based on the current configuration of the fuel burning equipment and pollution control equipment.
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.
Stat. Auth.: ORS 468 & 468A
Stats. Implemented: ORS 468.020 & 468A.025
Hist.: DEQ 16, f. 6-12-70, ef. 7-11-70; DEQ 12-1979, f. & ef. 6-8-79; DEQ 6-1981, f. & ef. 2-17-81; DEQ 18-1982, f. & ef. 9-1-82; DEQ 4-1993, f. & cert. ef. 3-10-93; DEQ 3-1996, f. & cert. ef. 1-29-96; DEQ 14-1999, f. & cert. ef. 10-14-99, Renumbered from 340-021-0020; DEQ 8-2007, f. & cert. ef. 11-8-07; DEQ 7-2011, f. & cert. ef. 6-24-11; Administrative correction, 2-6-12; DEQ 1-2012, f. & cert. ef. 5-17-12
Federal Acid Rain Program
340-228-0300
Federal Regulations Adopted by Reference
(1) 40 CFR Parts 72, 75, and 76 are by this reference adopted and incorporated herein, for purposes of implementing an acid rain program that meets the requirements of title IV of the FCAA. The term "permitting authority" means the Oregon DEQ and the term "Administrator" means the Administrator of the United States EPA.
(2) If the provisions or requirements of 40 CFR Part 72 conflict with or are not included in OAR 340 divisions 218 or 220, the Part 72 provisions and requirements will apply and take precedence.
[Publications: Publications referenced are available from the agency.]
Stat. Auth.: ORS 468.020 & 468.310(2)
Stats. Implemented: ORS 468A.025
Hist.: DEQ 32-1994, f. & cert. ef. 12-22-94; DEQ 14-1999, f. & cert. ef. 10-14-99, Renumbered from 340-022-0075; DEQ 22-2000, f. & cert. ef. 12-18-00; DEQ 13-2006, f. & cert. ef. 12-22-06; DEQ 5-2011, f. 4-29-11, cert. ef. 5-1-11
340-228-0400
340-228-0410
340-228-0420
340-228-0430
340-228-0440
340-228-0450
340-228-0460
340-228-0470
340-228-0480
340-228-0490
340-228-0500
340-228-0510
340-228-0520
340-228-0530
APPENDIX A: WEB MODEL RULE MONITORING PROTOCOLS
Mark, 2014-02-13T12:59:00Z
*Division 228
Garrahan Paul, 2014-04-03T09:38:00Z
I know that everyone in the field understands this term of art, but the common citizen does not. Most people would read this and think that it applies to grain elevators loading wheat and other agricultural products into trains, barges or ships. I think you should consider changing this name, or somehow, somewhere providing sufficient explanation to make this more transparent to the general public.