JUSTICE-#5083318-v1-2014_Permitting_Rulemaking_Div208

DIVISION 208

VISIBLE EMISSIONS AND NUISANCE REQUIREMENTS

340-208-0010

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) "Abate" means to eliminate the nuisance or suspected nuisance by reducing or managing the emissions using reasonably available practices. The degree of abatement will depend on an evaluation of all of the circumstances of each case and does not necessarily mean completely eliminating the emissions.

(2) "Nuisance" means a substantial and unreasonable interference with another's use and enjoyment of real property, or the substantial and unreasonable invasion of a right common to members of the general public.

(3) "Special control area" means an area designated in OAR 340-204-0070.

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 3-1996, f. & cert. ef. 1-29-96]; [DEQ 4-1978, f. & ef. 4-7-78; DEQ 9-1979, f. & ef. 5-3-79; DEQ 3-1980, f. & ef. 1-28-80; DEQ 14-1981, f. & ef. 5-6-81; DEQ 22-1989, f. & cert. ef. 9-26-89; DEQ 23-1991, f. & cert. ef. 11-13-91; DEQ 4-1993, f. & cert. ef. 3-10-93; DEQ 10-1995, f. & cert. ef. 5-1-95; DEQ 4-1995, f. & cert. ef. 2-17-95; DEQ 10-1995, f. & cert. ef. 5-1-95; DEQ 3-1996, f. & cert. ef. 1-29-96]; DEQ 14-1999, f. & cert. ef. 10-14-99, Renumbered from 340-021-0005, 340-021-0050, 340-030-0010; DEQ 2-2001, f. & cert. ef 2-5-01; DEQ 8-2007, f. & cert. ef. 11-8-07

Visible Emissions

340-208-0110

Visible Air Contaminant Limitations

(1) The emissions standards in this rule do not apply to fugitive emission sources.

(2) The visible emissions standards in this rule are based on a six minute average as measured by:

(a) EPA Method 9,

(b) A continuous opacity monitoring system (COMS) installed and operated in accordance with the DEQ Continuous Monitoring Manual or 40 CFR Part 60; or

(3) For sources, other than wood-fired boilers, that existed prior to June 1, 1970 and have not been modified since May 31, 1970:

(a) If located outside a special control area, visible emissions must not equal or exceed:

(A) 40% opacity through December 31, 2019; and

(B) 20% opacity on and after January 1, 2020

(b) If located inside a special control area, visible emissions must not equal or exceed 20% opacity.

(4) For sources, other than wood-fired boilers, installed, constructed, or modified on or after June 1, 1970, visible emissions must not exceed 20% opacity.

(5) For wood-fired boilers that existed prior to June 1, 1970 and have not been modified since May 31, 1970, visible emissions must not equal or exceed:

(a) 40% opacity through December 31, 2019 with the exception that emissions may not equal or exceed 55% opacity for 12 minutes in an hour, as the average of two consecutive six minute Method 9 observation periods.

(b) 20% opacity on or after January 1, 2020, with one or more of the following exceptions:

(A) Emissions may not equal or exceed 40% opacity for 12 minutes in an hour, as the average of two consecutive six minute Method 9 observation periods;

(B) Emissions may not equal or exceed 40% opacity, as the average of all six- minute Method 9 observation periods during grate cleaning operations provided the grate cleaning is performed in accordance with a grate cleaning plan approved by DEQ; and

(C) DEQ may approve, at the owner’s or operator’s request, a boilerspecific limit greater than 20% opacity, but not greater than 40% opacity, based on the opacity measured during a source test that demonstrates compliance with OAR 340-228-0210(2)(a)(C) or 340-228-0210(2)(d), whichever is applicable. Opacity must be measured for at least 60 minutes during each compliance source test run. The boiler specific limit will be the average of at least 30 six minute Method 9 observations conducted during the compliance source test. The limit will include a higher limit for one six minute period during any hour based on the maximum six minute average measured during the compliance source test. Specific opacity limits will be included in the permit for each affected source as a minor permit modification (simple fee) for sources with an Oregon Title V Operating Permit or a Basic Technical Modification for sources with an Air Contaminant Discharge Permit. If an alternative limit is established in accordance with this paragraph, the exception provided in paragraph (A) does not apply.

(6) For wood-fired boilers installed, constructed, or modified after June 1, 1970 but before [INSERT DATE OF EQC ADOPTION OF RULES], visible emissions must not equal or exceed 20% opacity with the exception that emissions may not equal or exceed 40% opacity for 12 minutes in an hour, as the average of two consecutive six minute Method 9 observation periods.

(7) For all wood-fired boilers installed, constructed, or modified after [INSERT DATE OF EQC ADOPTION OF RULES], emissions must not equal or exceed 20% opacity.

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 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 340-021-0015; DEQ 2-2001, f. & cert. ef 2-5-01; DEQ 8-2007, f. & cert. ef. 11-8-07

Fugitive Emission Requirements

340-208-0210

Requirements for Fugitive Emissions

(1) No person may cause or permit any materials to be handled, transported, or stored; or a building, its appurtenances, or a road to be used, constructed, altered, repaired or demolished; or any equipment to be operated, without taking reasonable precautions to prevent particulate matter from becoming airborne. Such reasonable precautions may include, but not be limited to the following:

(a) Use, where possible, of water or chemicals for control of dust in the demolition of existing buildings or structures, construction operations, the grading of roads or the clearing of land;

(b) Application of water, or other suitable chemicals on unpaved roads, materials stockpiles, and other surfaces which can create airborne dusts;

(c) Full or partial enclosure of materials stockpiles in cases where application of oil, water, or chemicals are not sufficient to prevent particulate matter from becoming airborne;

(d) Installation and use of hoods, fans, and fabric filters to enclose and vent the handling of dusty materials;

(e) Adequate containment during sandblasting or other similar operations;

(f) Covering, at all times when in motion, open bodied trucks transporting materials likely to become airborne;

(g) The prompt removal from paved streets of earth or other material that does or may become airborne.

(2) When fugitive emissions escape from an air contaminant source, DEQ may order the owner or operator to abate the emissions. In addition to other means, DEQ may order that a building or equipment in which processing, handling and storage are done be tightly closed and ventilated in such a way that air contaminants are controlled or removed before being emitted to the open air.

(a) For purposes this section, fugitive emissions are visible emissions that leave the property of a source for more than 18 cumulative seconds in a six-minute period. The minimum observation time must be at least six minutes unless otherwise specified in a permit.

(b) Visible emissions are determined by EPA Method 22 at the downwind property boundary.

(3) If requested by DEQ, the owner or operator must develop a fugitive emission control plan, including but not limited to the work practices in section (1), that will prevent any visible emissions from leaving the property of a source for more than 18 cumulative seconds in a six-minute period following the procedures of EPA Method 22.

[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 340-021-0060; DEQ 2-2001, f. & cert. ef 2-5-01

Nuisance Control Requirements

340-208-0300

Nuisance Prohibited

(1) No person may cause or allow air contaminants from any source subject to regulation by DEQ to cause a nuisance.

(2) Upon determining a nuisance may exist, DEQ will provide written notice to the person creating the suspected nuisance. DEQ will endeavor to resolve observed nuisances in keeping with the policy outlined in OAR 340-12-0026. If DEQ subsequently determines a nuisance exists under 340-208-0310 and proceeds with a formal enforcement action, pursuant to OAR 340 division 12, the first day for determining penalties will be no earlier than the date of this notice.

Stat. Auth.: ORS 468, ORS 468A.010 & ORS 468A.025
Stats. Implemented: ORS 468A.010 & ORS 468A.025
Hist.: DEQ 2-2001, f. & cert. ef. 2-5-01

340-208-0310

Determining Whether A Nuisance Exists

(1) In determining a nuisance, DEQ may consider factors including, but not limited to, the following:

(a) Frequency of the emission;

(b) Duration of the emission;

(d) Number of people impacted;

(e) The suitability of each party's use to the character of the locality in which it is conducted;

(f) Extent and character of the harm to complainants;

(g) The source's ability to prevent or avoid harm.

(2) Compliance with a best work practices agreement that identifies and abates a suspected nuisance constitutes compliance with OAR 340-208-0300 for the identified nuisance. For sources subject to OAR 340-216-0020 or 340-218-0020, compliance with specific permit conditions that results in the abatement of a nuisance associated with an operation, process or other pollutant emitting activity constitutes compliance with 340-208-0300 for the identified nuisance. For purposes of this section, "permit condition" does not include the general condition prohibiting the creation of nuisances.

Stat. Auth.: ORS 468, ORS 468A.010 & ORS 468A.025
Stats. Implemented: ORS 468A.010 & ORS 468A.025
Hist.: DEQ 2-2001, f. & cert. ef. 2-5-01

340-208-0320

Best Work Practices Agreement

(1) A person may voluntarily enter into an agreement with DEQ to implement specific practices to abate the suspected nuisance. This agreement may be modified by mutual consent of both parties. This agreement will be an Order for the purposes of enforcement under OAR 340 division 12.

(2) For any source subject to OAR 340-216-0020 or 340-218-0020, the conditions outlined in the best work practices agreement will be incorporated into the permit at the next permit renewal or modification.

(3) This agreement will remain in effect unless or until DEQ provides written notification to the person subject to the agreement that:

(a) The agreement is superseded by conditions and requirements established later in a permit;

(b) DEQ determines the activities that were the subject of the agreement no longer occur; or

(4) The agreement will include one or more specific practices to abate the suspected nuisance. The agreement may contain other requirements including, but not limited to:

(a) Monitoring and tracking the emission of air contaminants;

(b) Logging complaints and the source's response to the complaint;

(5) DEQ will consult, as appropriate, with complainants with standing in the matter throughout the development, preparation, implementation, modification and evaluation of a best work practices agreement. DEQ will not require that complainants identify themselves to the source as part of the investigation and development of the best work practices agreement.

Stat. Auth.: ORS 468, ORS 468A.010 & ORS 468A.025
Stats. Implemented: ORS 468A.010 & ORS 468A.025
Hist.: DEQ 2-2001, f. & cert. ef. 2-5-01

340-208-0450

Particle Fallout Limitation

(1) No person may cause or permit the deposition of particulate matter larger than 250 microns in size that creates an observable deposition upon the real property of another person.

(2) Upon determining that deposition has occurred, DEQ will notify the person creating the deposition that they are in violation of this rule. DEQ will endeavor to resolve observed deposition in keeping with the policy outlined in OAR 340-12-0026. If DEQ initiates a formal enforcement action, pursuant to OAR 340 division 12, for violation of this rule, then DEQ may not assess civil penalties for any such violation(s) that occurred prior to the date that DEQ sent the notice required under this section.

Stat. Auth.: ORS 468, ORS 468A.010 & ORS 468A.025
Stats. Implemented: ORS 468A.010 & ORS 468A.025
Hist.: DEQ 61, f. 12-5-73, ef. 12-25-73; DEQ 4-1993, f. & cert. ef. 3-10-93; Renumbered from 340-028-0080; DEQ 14-1999, f. & cert. ef. 10-14-99, Renumbered from 340-030-0520; DEQ 2-2001, f. & cert. ef. 2-5-01, Renumbered from 340-208-0620

Mark, 2014-02-13T12:59:00Z
*Division 208

Garrahan Paul, 2014-03-13T15:52:00Z
Do they not apply to any fugitive emissions, even FE from a source that also has covered emissions? Or do they not apply to sources that exclusively emit FE? It may be good to specify more clearly here.

Garrahan Paul, 2014-03-13T15:56:00Z
Source is defined as a source of air contaminant emissions.

Garrahan Paul, 2014-03-13T16:05:00Z
I don’t understand opacity limits. Does this mean that the facility can never exceed 40% in any 6-minute period EXCEPT that once an hour it can have a 12 minute period of up to 55% opacity?

Garrahan Paul, 2014-03-13T16:05:00Z
Same comment.

Garrahan Paul, 2014-03-13T16:10:00Z
Same comment.