224 with EPA rule language on ambient monitoring

DIVISION 224

NEW SOURCE REVIEW

340-224-0010

Applicability and General Prohibitions

(1) OAR 340-224-0010 through 340-224-0190 are the Major New Source Review requirements for the review and approval of:

(a) new federal major sources;

(b) major modifications at existing federal major sources; or

(2) OAR 340-224-0200 through 340-224-0300 are the State New Source Review requirements for the review and approval of sources not otherwise subject to Major New Source Review which include the following:

(a) new sources that have emissions above significant emission rate; (b) modifications or changes in the method of operation at existing sources that would result in a PSEL equal to or greater than the netting basis by the significant emission rate; or

(3) Within designated sustainment, nonattainment, reattainment and maintenance areas, the requirements for these areas apply only to the regulated pollutant(s) for which the area is designated.

(4) Within attainment and unclassifiable areas, the requirements for these areas applyto all regulated pollutant(s) except for any pollutant for which the area is designated nonattainment and reattainment..

(5) Owners and operators of all sources are subject to other DEQ rules, including but not limited to Highest and Best Practicable Treatment and Control (OAR 340-226-0100 through 340-226-0140), Notice of Construction and Approval of Plans (340-210-0205 through 340-210-0250), ACDPs (OAR 340 division 216), Emission Standards for Hazardous Air Contaminants (OAR 340 division 244), and Standards of Performance for New Stationary Sources (OAR 340 division 238).

(6) No owner or operator of a source that meets the applicability criteria of sections (1) or (2) of this rule may begin construction without having received an air contaminant discharge permit (ACDP) from DEQ and having satisfied the requirements of this division.

(7) Beginning May 1, 2011, the pollutant GHG is subject to regulation if:

(a) The source is a new federal major source for a regulated pollutant that is not GHG, and also emits, will emit or will have the potential to emit 75,000 tons per year CO2e or more; or

(b) The source is or becomes a federal major source subject to OAR 340-224-0070 as a result of a major modification for a regulated pollutant that is not GHG, and will have an emissions increase of 75,000 tons per year CO2e or more over the netting basis.

(8) Beginning July 1, 2011, in addition to the provisions in section (7) of this rule, the pollutant GHGs shall also be subject to regulation at:

(a) A new federal major source; or

(b) A source that is or becomes a federal major source when such source undertakes a major modification.

(9) Subject to the requirements in this division, the Lane Regional Air Protection Agency is designated by the EQC as the permitting agency to implement the Oregon Major New Source Review and State New Source Review program within its area of jurisdiction. The Regional Agency's program is subject to DEQ oversight. The requirements and procedures contained in this division pertaining to the Major New Source Review and State New Source Review program shall be used by the Regional Agency to implement its permitting program until the Regional Agency adopts superseding rules which are at least as restrictive as state rules.

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 468.020
Stats. Implemented: ORS 468A.025
Hist.: DEQ 25-1981, f. & ef. 9-8-81; DEQ 4-1993, f. & cert. ef. 3-10-93; DEQ 12-1993, f. & cert. ef. 9-24-93, Renumbered from 340-020-0220; DEQ 19-1993, f. & cert. ef. 11-4-93; DEQ 26-1996, f. & cert. ef. 11-26-96; DEQ 14-1999, f. & cert. ef. 10-14-99, Renumbered from 340-028-1900; DEQ 6-2001, f. 6-18-01, cert. ef. 7-1-01; DEQ 1-2004, f. & cert. ef. 4-14-04; DEQ 10-2010(Temp), f. 8-31-10, cert. ef. 9-1-10 thru 2-28-11; Administrative correction, 3-29-11; DEQ 5-2011, f. 4-29-11, cert. ef. 5-1-11

340-224-0020

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 340-200-0020 or 340-204-0010, the definition in this rule applies to this division.

NOTE: This rule is included in the State of Oregon Clean Air Act Implementation Plan as adopted by the

Environmental Quality Commission under OAR 340-200-0040.

Stat. Auth.: ORS 468.020
Stats. Implemented: ORS 468A.025
Hist.: DEQ 14-1999, f. & cert. ef. 10-14-99

340-224-0025

Major Modification

"Major Modification" means any physical change(s) or change(s) in the method of operation of a source that results in satisfying the requirements of both sections (1) and (2) or of section (3) for any pollutant subject to Major New Source Review as specified in the definition of regulated air pollutant in division 200. Major modifications for ozone precursors or PM2.5 precursors also constitute major modifications for ozone and PM2.5, respectively.

(1) Except as provided in section (4), a PSEL that exceeds the netting basis by an amount that is equal to or greater than the significant emission rate; and

(2) The accumulation of emission increases due to physical changes and changes in the method of operation is equal to or greater than the significant emission rate.

(a) Calculations of emission increases in section (2) must account for all accumulated increases in actual emissions due to physical changes and changes in the method of operation occurring at the source since the netting basis was last established for that pollutant. Emissions from categorically insignificant activities, aggregate insignificant emissions, and fugitive emissions must be included in the calculations.

(b) Emission increases due solely to increased use of equipment or facilities that existed or were permitted or approved to construct in accordance with OAR 340 division 210 during the applicable baseline period are not included, except if the increased use is to support a physical change or change in the method of operation.

(3) Any change at a source, including production increases, that would result in a Plant Site Emission Limit increase of 1 ton or more for any regulated pollutant for which the source is a federal major source, if the source obtained permits to construct and operate after the applicable baseline period but has not undergone New Source Review.

(a) Section (3) does not apply to PM2.5 and greenhouse gases.

(b) Changes to the PSEL solely due to the availability of better emissions information are exempt from being considered an increase.

(4) If a portion of the netting basis or PSEL or both was set based on PTE because the source had not begun normal operations but was permitted or approved to construct and operate, that portion of the netting basis or PSEL or both must be excluded from the tests in sections (1) and (2) until the netting basis is reset as specified in OAR 340-222-0051.

(5) The following are not considered major modifications:

(a) Except as provided in section (3), proposed increases in hours of operation or production rates that would cause emission increases above the levels allowed in a permit and would not involve a physical change or change in method of operation in the source;

(b) Routine maintenance, repair, and replacement of components;

(c) Temporary equipment installed for maintenance of the permanent equipment if the temporary equipment is in place for less than six months and operated within the permanent equipment's existing PSEL;

(d) Use of alternate fuel or raw materials, that were available and the source was capable of accommodating in the baseline period.

[ED. NOTE: This rule was moved verbatim from OAR 340-200-0020(71) and amended in redline/strikeout.]

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 468.020, 468A.025, 468A.035, 468A.055 & 468A.070
Stats. Implemented: ORS 468A.025 & 468A.035

340-224-0030

Major New Source Review Procedural Requirements

(1) Information Required. The owner or operator of a proposed federal major source or major modification must submit all information DEQ needs to perform any analysis or make any determination required under this division and OAR 340 division 225. The information must be in writing on forms supplied by DEQ and include the information for a Standard ACDP as detailed in OAR 340 division 216.

(2) Application Processing:

(a) Within 30 days after receiving an application to construct, or any addition to such application, DEQ will advise the applicant of any deficiency in the application or in the information submitted. For purposes of this section, the date the Department received a complete application is the date on which the Department received all required information;

(b) Notwithstanding the requirements of OAR 340-216-0040 or 340-218-0040, concerning permit application requirements, DEQ will make a final determination on the application within twelve months after receiving a complete application. This involves performing the following actions in a timely manner in accordance with the public participation procedures of Category IV in OAR 340 division 209:

(A) Making the permit application available at a public meeting;

(B) Making a preliminary determination whether construction should be approved, approved with conditions, or disapproved;

(3) :

(a) Approval to construct becomes invalid if construction is not commenced within 18 months after DEQ issues such approval, if construction is discontinued for a period of 18 months or more, or if construction is not completed within 18 months of the scheduled time. s

(4) Permit Extensions: DEQ may extend the 18-month period for good cause provided there have not been any changes to the project which would negatively affect air quality. This provision does not apply to the time period between construction of the approved phases of a phased construction project; each phase must commence construction within 18 months of the projected and approved commencement date;

(A) For the first extension, the owner or operator must provide a LAER or BACT analysis, as applicable, if any new control technologies become commercially available since the original LAER or BACT analysis for the original pollutants subject to major New Source Review.

(B) For the second extension the owner or operator must provide the following for the original pollutants subject to major New Source Review:

(i) A review of the original LAER or BACT analysis for potentially lower limits and a review of any new control technologies that may have become commercially available since the original LAER or BACT analysis; and

(ii) A review of the air quality analysis to address any of the following:

(I) all ambient standards or increments that were subject to review under the original application;

(II) any new competing sources or changes in ambient air quality, including any redesignation of the area impacted, since the original application was submitted;

(III) any new ambient standards or increments for the regulated pollutants that were subject to review under the original application; and

(IV) any changes to EPA approved models since the original application was submitted.

(C) DEQ will not grant a third extension and the original major New Source Review/Prevention of Significant Deterioration permit is automatically terminated no later than five years after it was issued.

(i) If the owner or operator wants approval to construct beyond the second extension, the owner or operator must submit a new major New Source Review/Prevention of Significant Deterioration permit application.

(ii) The owner or operator may continue to use the original emission reduction credits and any additional emission reduction credits that may become necessary for the project provided that the changes to the project do not result in a change to the two digit Standard Industrial Classification (SIC) code associated with the project and that the emission reduction credits will continue to satisfy the offset and net air quality benefit criteria.

(b) If the owner or operator requests a construction extension as provided in subsection (a), DEQ will make the proposed permit available in accordance with the following public participation procedures:

(A) Category II for an extension that does not require an air quality analysis; or

(B) Category III for an extension that requires an air quality analysis.

(4) Approval to construct does not relieve any owner or operator of the responsibility to comply fully with applicable provisions of the State Implementation Plan and any other requirements under local, state or federal law;

(5) Approval to construct a source under an ACDP issued under division 216 authorizes construction and operation of the source, except as prohibited in section (6) of this rule, until the later of:

(a) One year from the date of initial startup of operation of the federal major source or major modification; or

(b) If a timely and complete application for an Oregon Title V Operating Permit is submitted, the date of final action by DEQ on the Oregon Title V Operating Permit application.

(6) Where an existing Oregon Title V Operating Permit would prohibit construction or change in operation, the owner or operator must obtain a permit revision before commencing construction or operation.

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 468.020
Stats. Implemented: ORS 468A.025
Hist.: DEQ 25-1981, f. & ef. 9-8-81; DEQ 18-1984, f. & ef. 10-16-84; DEQ 13-1988, f. & cert. ef. 6-17-88; DEQ 4-1993, f. & cert. ef. 3-10-93; DEQ 12-1993, f. & cert. ef. 9-24-93; Renumbered from 340-020-0230; DEQ 19-1993, f. & cert. ef. 11-4-93; DEQ 24-1994, f. & cert. ef. 10-28-94; DEQ 22-1995, f. & cert. ef. 10-6-95; DEQ 26-1996, f. & cert. ef. 11-26-96; DEQ 14-1999, f. & cert. ef. 10-14-99, Renumbered from 340-028-1910; DEQ 6-2001, f. 6-18-01, cert. ef. 7-1-01; DEQ 1-2004, f.& cert. ef. 4-14-04

340-224-0034

Exemptions

Temporary emission sources that would be in operation at a site for less than two years, such as pilot plants and portable facilities, and emissions resulting from the construction phase of a new source or modification must comply with OAR 340-224-0050(1), 340-224-0060(1) or 340-224-0070(1), whichever is applicable, but are exempt from the remaining requirements of 340-224-0050, 340-224-0060 and 340-224-0070 provided that the source or modification would not impact a Class I area or an area with a known violation of a National Ambient Air Quality Standard (NAAQS) or an applicable PSD increment as defined in OAR 340 division 202.

NOTE: This rule is included in the State of Oregon Clean Air Act Implementation Plan as adopted by the EQC under OAR 340-020-0047.

[ED. NOTE: This rule renumbered from OAR 340-224-0080.]

Stat. Auth.: ORS 468 & 468A
Stats. Implemented: ORS 468 & 468A
Hist.: DEQ 25-1981, f. & ef. 9-8-81; DEQ 4-1993, f. & cert. ef. 3-10-93; DEQ 12-1993, f. & cert. ef. 9-24-93; Renumbered from 340-020-0250; DEQ 19-1993, f. & cert. ef. 11-4-93; DEQ 22-1995, f. & cert. ef. 10-6-95; DEQ 14-1999, f. & cert. ef. 10-14-99, Renumbered from 340-028-1950; DEQ 6-2001, f. 6-18-01, cert. ef. 7-1-01; DEQ 1-2004, f.& cert. ef. 4-14-04

340-224-0038

Fugitive and Secondary Emissions

Fugitive emissions are included in the calculation of emission rates of all air contaminants. Fugitive emissions are subject to the same control requirements and analyses required for emissions from identifiable stacks or vents. Secondary emissions are not included in calculations of potential emissions that are made to determine if a proposed source is a federal major or if the modification is major. Once a source is identified as being a federal major source or a modification is identified as being major, secondary emissions also become subject to the air quality impact analysis requirements in this division and OAR 340 division 225.

[ED. NOTE: This rule was moved verbatim from OAR 340-224-0100 and amended in redline/strikeout.]

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.

[ED. NOTE: This rule renumbered from OAR 340-224-0100.]

Stat. Auth.: ORS 468 & ORS 468A
Stats. Implemented: ORS 468 & ORS 468
Hist.: DEQ 25-1981, f. & ef. 9-8-81; DEQ 4-1993, f. & cert. ef. 3-10-93; DEQ 12-1993, f. & cert. ef. 9-24-93; Renumbered from 340-020-0270; DEQ 14-1999, f. & cert. ef. 10-14-99, Renumbered from 340-028-1990; DEQ 6-2001, f. 6-18-01, cert. ef. 7-1-01

340-224-0040

Review of New Sources and Modifications for Compliance With Regulations

The owner or operator of a proposed federal major source or major modification at a federal major source must demonstrate the ability of the proposed source or modification to comply with all applicable air quality requirements of DEQ.

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 468.020
Stats. Implemented: ORS 468A.025
Hist.: DEQ 25-1981, f. & ef. 9-8-81; DEQ 4-1993, f. & cert. ef. 3-10-93; DEQ 12-1993, f. & cert. ef. 9-24-93; Renumbered from 340-020-0235; DEQ 26-1996, f. & cert. ef. 11-26-96; DEQ 14-1999, f. & cert. ef. 10-14-99, Renumbered from 340-028-1920; DEQ 6-2001, f. 6-18-01, cert. ef. 7-1-01

340-224-0045

Requirements for Sources in Sustainment Areas

Within a designated sustainment area, proposed federal major sources and major modifications at federal major sources of a sustainment pollutant, including VOC or NOx in a designated ozone area and NOx or SO2 in a designated PM2.5 area, must meet the requirements listed below:

(1) The owner or operator must comply with the Prevention of Significant Deterioration Requirements for Sources in Attainment or Unclassified Areas in OAR 340-224-0070 except that the owner or operator of a source must conduct preconstruction ambient air quality monitoring in accordance with the requirements in OAR 340-224-0070(1)(a)(A) (Preconstruction Air Quality Monitoring); and

(2) The owner or operator must meet the Net Air Quality Benefit requirements of OAR 340-224-0520 for ozone areas or 340-224-0540(3) for non-ozone areas, whichever is applicable, unless the source can demonstrate that the impacts are less than the significant impact levels at all receptors within the designated area.

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.

Within a designated nonattainment area, proposed federal major sources and major modifications at federal major sources 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:

(1) Lowest Achievable Emission Rate (LAER). The owner or operator must apply LAER for each nonattainment pollutant or precursor(s) emitted at or above the significant emission rate (SER). LAER applies separately to the nonattainment pollutant or precursor(s) if emitted at or above a SER over the netting basis.

(a) For a major modification, the requirement for LAER applies to the following:

(A) Each emissions unit that emits the nonattainment pollutant or precursor(s) and is not included in the most recent netting basis established for that pollutant; and

(B) Each emissions unit that emits the nonattainment pollutant or precursor (s) and is included in the most recent netting basis but has been modified and the modification resulted in an increase in actual emissions above the portion of the most recent netting basis attributable to the emissions unit for the nonattainment pollutant or precursor(s).

(b) For phased construction projects, the LAER determination must be reviewed at the latest reasonable time before commencing construction of each independent phase.

(c) When determining LAER for a change that was made at a source before the current Major NSR application, DEQ will consider technical feasibility of retrofitting required controls provided:

(A) The change was made in compliance with Major NSR requirements in effect when the change was made, and

(d) Modifications to individual emissions units that increase the potential to emit less than 10 percent of the SER are exempt from this section unless:

(B) They are part of a discrete, identifiable, larger project that was constructed within the previous 5 years and is equal to or greater than 10 percent of the SER; or

(a) Air Quality Analysis: The owner or operator of a federal major source must meet the AQRV requirements in OAR 340-225-0070.

(b) Net Air Quality Benefit: The owner or operator must meet the requirements of OAR 340-224-0520 for ozone areas or 340-224-0540(2) and (4) for non-ozone areas, whichever is applicable.

(3) Sources Impacting Other Designated Areas: The owner or operator of any source that significantly impacts air quality in a designated area other than the one the source is locating in must meet the additional requirements of net air quality benefit in OAR 340-224-0520 or 340-224-0550, whichever is applicable.

(4) Additional Requirements: (a) The owner or operator of a source subject to this rule must evaluate alternative sites, sizes, production processes, and environmental control techniques for the proposed source or modification and demonstrate that benefits of the proposed source or modification will significantly outweigh the environmental and social costs imposed as a result of its location, construction or modification.

(b) The owner or operator of a source subject to this rule must demonstrate that all federal major sources owned or operated by such person (or by an entity controlling, controlled by, or under common control with such person) in the state are in compliance, or are on a schedule for compliance, with all applicable emission limitations and standards under the Act.

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 468.020
Stats. Implemented: ORS 468A.025
Hist.: DEQ 25-1981, f. & ef. 9-8-81; DEQ 5-1983, f. & ef. 4-18-83; DEQ 27-1992, f. & cert. ef. 11-12-92; DEQ 4-1993, f. & cert. ef. 3-10-93; DEQ 12-1993, f. & cert. ef. 9-24-93, Renumbered from 340-020-0240; DEQ 19-1993, f. & cert. ef. 11-4-93; DEQ 10-1995, f. & cert. ef. 5-1-95; DEQ 22-1995, f. & cert. ef. 10-6-95; DEQ 26-1996, f. & cert. ef. 11-26-96; DEQ 16-1998, f. & cert. ef. 9-23-98; DEQ 1-1999, f. & cert. ef.1-25-99; DEQ 14-1999, f. & cert. ef. 10-14-99, Renumbered from 340-028-1930; DEQ 6-2001, f. 6-18-01, cert. ef. 7-1-01; DEQ 1-2004, f. & cert. ef. 4-14-04; DEQ 3-2007, f. & cert. ef. 4-12-07; DEQ 10-2010(Temp), f. 8-31-10, cert. ef. 9-1-10 thru 2-28-11; Administrative correction, 3-29-11; DEQ 5-2011, f. 4-29-11, cert. ef. 5-1-11

Within a designated reattainment area, proposed federal major sources and major modifications at federal major sources of a reattainment pollutant, including VOC or NOx in a designated ozone area and NOx or SO2 in a designated PM2.5 area, must meet the requirements listed below:

(2) the requirements for additional impacts analysis in OAR 340-225-0050(3); and

(3) the owner or operator must not cause or contribute to a new violation of an ambient air quality standard even if the single source impact is less than the significant impact level, in accordance with OAR 340-202-0050(2).

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.

Within a designated maintenance area, proposed federal major sources and major modifications at federal major sources 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:

(1) The owner or operator must comply with the Prevention of Significant Deterioration Requirements for Sources in Attainment or Unclassified Areas in OAR 340-224-0070; and

(2) Net Air Quality Benefit: The owner or operator must demonstrate Net Air Quality Benefit by satisfying one of the requirements listed below:

(a) obtain offsets in accordance with OAR 340-224-0520 for ozone areas or 340-224-0540(3) for non-ozone areas, whichever is applicable;

(A) Sources within or affecting the Medford Ozone Maintenance Area are exempt from the requirement for NOx offsets relating to ozone formation.

(B) Sources within or affecting the Salem Ozone Maintenance Area are exempt from the requirement for VOC and NOx offsets relating to ozone formation;

(b) comply with the limits in OAR 340-202-0225 by performing the analysis specified in OAR 340-225-0045;

(c) obtain an allocation from a growth allowance. The requirements of this section may be met in whole or in part in an ozone or carbon monoxide maintenance area with an allocation by DEQ from a growth allowance, if available, in accordance with the applicable maintenance plan in the SIP adopted by the EQC and approved by EPA. An allocation from a growth allowance used to meet the requirements of this section is not subject to subsection (2)(a). Procedures for allocating the growth allowances for the Oregon portion of the Portland-Vancouver Interstate Maintenance Area for Ozone and the Portland Maintenance Area for Carbon Monoxide are contained in 340-242-0430 and 340-242-0440.

(4) Contingency Plan Requirements. If the contingency plan in an applicable maintenance plan is implemented due to a violation of an ambient air quality standard, this section applies in addition to other requirements of this rule until the EQC adopts a revised maintenance plan and EPA approves it as a SIP revision.

(a) The requirement for BACT in section (1) of this rule is replaced by the requirement for LAER contained in OAR 340-224-0050(1).

(5) Medford-Ashland AQMA: Proposed federal major sources and major modifications that would emit PM10 within the Medford-Ashland AQMA must meet the LAER emission control technology requirements in OAR 340-224-0050.

(6) Pending Redesignation Requests. This rule does not apply to a proposed federal major source or major modification for which a complete application to construct was submitted to DEQ before the maintenance area was redesignated from nonattainment to attainment by EPA. Such a source is subject to OAR 340-224-0055 (Requirements for Sources in Reattainment 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.

Stat. Auth.: ORS 468.020
Stats. Implemented: ORS 468A.025
Hist.: DEQ 26-1996, f. & cert. ef. 11-26-96; DEQ 15-1998, f. & cert. ef. 9-23-98; DEQ 1-1999, f. & cert. ef. 1-25-99; DEQ 14-1999, f. & cert. ef. 10-14-99, Renumbered from 340-028-1935; DEQ 6-2001, f. 6-18-01, cert. ef. 7-1-01; DEQ 11-2002, f. & cert. ef. 10-8-02; DEQ 1-2005, f. & cert. ef. 1-4-05; DEQ 9-2005, f. & cert. ef. 9-9-05; DEQ 3-2007, f. & cert. ef. 4-12-07; DEQ 5-2011, f. 4-29-11, cert. ef. 5-1-11

Prevention of Significant Deterioration Requirements for Sources in Attainment or Unclassified Areas

Within a designated attainment or unclassified area, proposed federal major sources and major modifications at federal major sources, must meet the requirements listed below. This rule does not apply to any pollutant for which the area is designated nonattainment and reattainment.

(A) 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 DEQ's approval, must be conducted for each pollutant potentially emitted at a significant emission rate by the proposed source or modification.

(i) 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.

(ii) The data must relate to the year preceding receipt of the complete application and must have been gathered over the same time period.

(iii) DEQ 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 PSD increment.

(iv) When PM10/PM2.5 preconstruction monitoring is required by this section, at least four months of data must be collected, including the season(s) DEQ judges to have the highest PM10/PM2.5 levels. PM10/PM2.5 must be measured in accordance with 40 CFR part 50, Appendices J AND L. In some cases, a full year of data will be required.

(v) Pursuant to the requirements of these rules, the owner or operator must submit for DEQ'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 DEQ before monitoring begins.

(vi) Required air quality monitoring must be conducted in accordance with 40 CFR 58 Appendix A, "Quality Assurance Requirements for Prevention of Significant Deterioration (PSD) Air Monitoring" and with other methods on file with DEQ.

(B) DEQ 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 the general background concentration of the pollutant within the source impact area are less than the following significant monitoring concentrations:

(vi) Ozone; Any net increase of 100 tons/year or more of VOCs from a source or modification subject to PSD requires an ambient impact analysis, including the gathering of ambient air quality data. However, requirement for ambient air monitoring may be exempted if existing representative monitoring data shows maximum ozone concentrations are less than 50% of the ozone NAAQS based on a full season of monitoring;

(C) In addition to the exemption provided in paragraph (B), DEQ may BE SATISFIED BY exempt a source from preconstruction monitoring if representative or conservative general background concentration data CAN FULFILL is available.

(b) Post-Construction Air Quality Monitoring: After construction has been completed, DEQ may require ambient air quality monitoring as a permit condition to establish the effect of emissions, other than volatile organic compounds, on the air quality of any area that such emissions could affect.

(2) Best Available Control Technology (BACT). The owner or operator must apply BACT for each pollutant or precursor(s) emitted at or above a significant emission rate (SER). BACT applies separately to the pollutant or precursor(s) if emitted at or above a SER over the netting basis. In the Medford-Ashland AQMA, the owner or operator of any proposed new federal major PM10 source, or proposed major modification of a federal major PM10 source must comply with the LAER emission control technology requirement in 340-224-0050(1), and is exempt from the BACT provision of this section.

(a) For a major modification, the requirement for BACT applies to the following:

(A) Each emissions unit that emits the pollutant or precursor(s) and is not included in the most recent netting basis established for that pollutant; and

(B) Each emissions unit that emits the pollutant or precursor (s) and is included in the most recent netting basis but has been modified and the modification resulted in an increase in actual emissions above the portion of the most recent netting basis attributable to the emissions unit for the attainment pollutant or precursor(s).

(b) For phased construction projects, the BACT determination must be reviewed at the latest reasonable time before commencement of construction of each independent phase.

(c) When determining BACT for a change that was made at a source before the current major NSR application, any additional cost of retrofitting required controls may be considered provided:

(A) The change was made in compliance with major NSR requirements in effect at the time the change was made, and

(d) Modifications to individual emissions units that increase the potential to emit less than 10 percent of the significant emission rate are exempt from this section unless:

(B) They are part of a discrete, identifiable larger project that was constructed within the previous 5 years and that is equal to or greater than 10 percent of the significant emission rate; or

Air Quality Analysis: The owner or operator of a source must provide an analysis of the air quality impacts of each pollutant for which emissions will exceed the netting basis by the SER or more due to the proposed source or modification in accordance with OAR 340-225-0050(1) through (3), 340-225-0060, and 340-225-0070.

(a) For increases of direct PM2.5 or PM2.5 precursors equal to or greater than the significant emission rates, the owner or operator must provide an analysis of PM2.5 air quality impacts based on all increases of direct PM2.5 and PM2.5 precursors.

(b) The owner or operator must not cause or contribute to a new violation of an ambient air quality standard even if the single source impact is less than the significant impact level, in accordance with OAR 340-202-0050(2).

(4) Sources Impacting Other Designated Areas: The owner or operator of any source that significantly impacts air quality in a designated area other than the one the source is locating in must meet the additional requirements of net air quality benefit in OAR 340-224-0520 or 340-224-0550, whichever is applicable.

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 468.020
Stats. Implemented: ORS 468A.025
Hist.: DEQ 25-1981, f. & ef. 9-8-81; DEQ 5-1983, f. & ef. 4-18-83; DEQ 18-1984, f. & ef. 10-16-84; DEQ 14-1985, f. & ef. 10-16-85; DEQ 5-1986, f. & ef. 2-21-86; DEQ 8-1988, f. & cert. ef. 5-19-88 (and corrected 5-31-88); DEQ 27-1992, f. & cert. ef. 11-12-92, Section (8) Renumbered from 340-020-0241; DEQ 4-1993, f. & cert. ef. 3-10-93; DEQ 12-1993, f. & cert. ef. 9-24-93, Renumbered from 340-020-0245; DEQ 19-1993, f. & cert. ef. 11-4-93; DEQ 26-1996, f. & cert. ef. 11-26-96; DEQ 16-1998, f. & cert. ef. 9-23-98; DEQ 1-1999, f. & cert. ef. 1-25-99; DEQ 14-1999, f. & cert. ef. 10-14-99, Renumbered from 340-028-1940; DEQ 6-2001, f. 6-18-01, cert. ef. 7-1-01; DEQ 11-2002, f. & cert. ef. 10-8-02; DEQ 1-2004, f. & cert. ef. 4-14-04; DEQ 1-2005, f. & cert. ef. 1-4-05; DEQ 10-2010(Temp), f. 8-31-10, cert. ef. 9-1-10 thru 2-28-11; Administrative correction, 3-29-11; DEQ 5-2011, f. 4-29-11, cert. ef. 5-1-11

OAR 340-224-0200 through 340-224-0300 contain requirements for State New Source Review. These rules also apply if referred here by OAR 340-222-0041(4)(b)(ii).

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.

(1) Information Required. The owner or operator subject to OAR 340-224-0200 must submit all information DEQ needs to perform any analysis or make any determination required under this division and OAR 340 division 225. The information must be in writing on forms supplied by DEQ and include the information for a permit or permit modification as detailed in OAR 340 division 216 or 218, whichever is applicable.

(2) Application Processing: Applications will be reviewed and permits issued in accordance with the procedures in division 216 or 218, whichever is applicable.

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.

Proposed new sources or existing sources with emission increases subject to OAR 340-222-0041(4)(b)(ii) must meet the requirements listed below:

(1) If the increase in emissions involves a physical modification that meets the definition of major modification as provided in OAR 340-224-0025, the owner or operator must apply BACT in accordance with OAR 340-224-0070(2).

(2) Air Quality Protection: The owner or operator must satisfy the requirements of sections (a) or (b), and (c) and (d):

(a) Air Quality Analysis: The owner or operator must provide an analysis of the air quality impacts of each pollutant for which emissions will exceed the netting basis by the SER or more due to the proposed source or modification in accordance with OAR 340-225-0050(1) and (2) and 340-225-0060. For increases of direct PM2.5 or PM2.5 precursors equal to or greater than the significant emission rate, the owner or operator must provide an analysis of PM2.5 air quality impacts based on all increases of direct PM2.5 and PM2.5 precursors.

(b) Net Air Quality Benefit: The owner or operator must meet the requirements of OAR 340-224-0520 for ozone areas and 340-224-0540(3) and (4) for non-ozone areas, whichever is applicable.

(d) The owner or operator must not cause or contribute to a new violation of an ambient air quality standard even if the single source impact is less than the significant impact level, in accordance with OAR 340-202-0050(2).

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.

Proposed new sources or existing sources with emission increases subject to OAR 340-222-0041(4)(b)(ii) must meet the requirements listed below:

(a) Air Quality Analysis: An air quality analysis is not required except that the owner or operator of a federal major source must meet the AQRV requirements in OAR 340-225-0070.

(b) Net Air Quality Benefit: The owner or operator must meet the requirements of paragraph (A), (B), or (C), as applicable:

(A) The owner or operator must meet the requirements of OAR 340-224-0520 for ozone areas.

(B) For federal major sources, the owner or operator must meet the requirements of OAR 340-224-0540(2) and (4) for non-ozone areas.

(C) For non-federal majors sources, the owner or operator must meet the requirements of OAR 340-224-0540(3) and (4) for non-ozone 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.

Proposed new sources or existing sources with emission increases subject to OAR 340-222-0041(4)(b)(ii) must meet the requirements in OAR 340-224-0260 except sections (2)(b)(C) and (5) unless a contingency plan exists for the reattainment area.

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.

Proposed new sources or existing sources with emission increases subject to OAR 340-222-0041(4)(b)(ii) must meet the requirements listed below:

(2) Air Quality Protection: The owner or operator must satisfy the requirements of section (a) or (b), and (c) and (d):

(a) Air Quality Analysis: The owner or operator must provide an analysis of the air quality impacts of each pollutant for which emissions will exceed the netting basis by the SER or more in accordance with OAR 340-225-0050(1) and (2) and 340-225-0060. For increases of direct PM2.5 of PM2.5 precursors equal to or greater than the significant emission rate, the owner or operator must provide an analysis of PM2.5 air quality impacts based on all increases of direct PM2.5 and PM2.5 precursors.

(b) Net Air Quality Benefit: The owner or operator must demonstrate NAQB by satisfying one of the requirements listed below:

(A) meet the requirements of OAR 340-224-0520 for ozone areas and 340-224-0540(3) and (4) for non-ozone areas, whichever is applicable;

(B) comply with the limits in OAR 340-202-0225 by performing the analysis specified in OAR 340-225-0045; or

(C) obtain an allocation from a growth allowance. The requirements of this section may be met in whole or in part in an ozone or carbon monoxide maintenance area with an allocation by DEQ from a growth allowance, if available, in accordance with the applicable maintenance plan in the SIP adopted by the EQC and approved by EPA. An allocation from a growth allowance used to meet the requirements of this section is not subject to section (2)(a) of this rule. Procedures for allocating the growth allowances for the Oregon portion of the Portland-Vancouver Interstate Maintenance Area for Ozone and the Portland Maintenance Area for Carbon Monoxide are contained in 340-242-0430 and 340-242-0440.

(a) The requirement for BACT in section (1) of this rule is replaced by the requirement for LAER contained in OAR 340-224-0050(1).

(b) The alternatives provided in subsections (2)(b)(B) and (2)(b)(C) no longer apply.

(5) Medford-Ashland AQMA: Proposed major sources and major modifications that would emit PM10 within the Medford-Ashland AQMA must meet the LAER emission control technology requirements in OAR 340-224-0050.

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.

Proposed new sources or existing sources with emission increases subject to OAR 340-222-0041(4)(b)(ii) must meet the requirements listed below:

Air Quality Analysis: The owner or operator must provide an analysis of the air quality impacts of each pollutant for which emissions will exceed the netting basis by the SER or more in accordance with OAR 340-225-0050(1) and (2) and 340-225-0060.

(a) For increases of direct PM2.5 or PM2.5 precursors equal to or greater than the significant emission rate, the owner or operator must provide an analysis of PM2.5 air quality impacts based on all increases of direct PM2.5 and PM2.5 precursors.

(b) The owner or operator of a federal major source must meet the AQRV requirements in OAR 340-225-0070.

(c) The owner or operator must not cause or contribute to a new violation of an ambient air quality standard even if the single source impact is less than the significant impact level, in accordance with OAR 340-202-0050(2).

(2) Sources Impacting Other Designated Areas: The owner or operator of any source that significantly impacts air quality in a designated area other than the one the source is locating in must meet the additional requirements of net air quality benefit in OAR 340-224-0520 or 340-224-0550, whichever is applicable.

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.

Net Air Quality Benefit for Sources Locating Within or Impacting Designated Areas

OAR 340-224-0510 through 340-224-0530 are the requirements for demonstrating net air quality benefit using offsets.

NOTE: This rule is included in the State of Oregon Clean Air Act Implementation Plan as adopted by the EQC under OAR 340-020-0047.

The purpose of these rules is to demonstrate reasonable further progress toward achieving or maintaining the ambient air quality standards for sources locating within or impacting designated areas.

(1) Unless otherwise specified in the rules, offsets required under this rule must meet the requirements of Emission Reduction Credits in OAR 340 division 268 and Requirements for New Sources When Using Residential Wood Fuel-Fired Device Offsets in OAR 340-240-0550. (2) Except as provided in section (3), the emission reductions used as offsets must be of the same type of pollutant as the emissions from the new source or modification. Sources of PM10 must be offset with particulate in the same size range.

(4) Emission reductions used as offsets must be equivalent in terms of short term, seasonal, and yearly time periods to mitigate the effects of the proposed emissions.

(5) In lieu of obtaining offsets, the owner or operator may obtain an allocation at the rate of 1:1 from a growth allowance, if available, in an applicable maintenance plan.

(6) If a project requiring offsets is modified before construction is completed, the owner or operator may be subject to OAR 340-224-0030(3)(a)(C)(ii).

NOTE: This rule is included in the State of Oregon Clean Air Act Implementation Plan as adopted by the EQC under OAR 340-020-0047.

(1) Offsets for VOC and NOx are required if the source will be located within the designated area or within the ozone precursor distance.

(2) The amount and location of offsets must be determined in accordance with this section:

(a) For new or modified sources locating within a designated sustainment, nonattainment, or reattainment area, the offset ratio is 1.1:1. These offsets must come from within either the same designated area as the new or modified source or another ozone nonattainment area with equal or higher nonattainment classification that contributes to a violation of the NAAQS in the same designated area as the new or modified source.

(b) For new or modified sources locating within a designated maintenance area, the offset ratio is 1.1:1. These offsets may come from within either the designated area or the ozone precursor distance.

(c) For new or modified sources locating outside the designated area, but within the ozone precursor distance, the offset ratio is 1:1. These offsets may come from within either the designated area or the ozone precursor distance.

(d) Offsets from outside the designated area but within the ozone precursor distance must be from sources affecting the designated area in a comparable manner to the proposed emissions increase. Methods for determining offsets are described in the ozone precursor offsets definition in OAR 340 division 225.

(e) Offsets obtained for a previous PSEL increase that did not involve resetting the netting basis can be credited toward offsets currently required for a PSEL increase.

(3) In lieu of obtaining offsets, the owner or operator may obtain an allocation at the rate of 1:1 from a growth allowance, if available, in an applicable maintenance plan.

[ED. NOTE: This rule was moved verbatim from OAR 340-225-0090(1) and amended in redline/strikeout.]

NOTE: This rule is included in the State of Oregon Clean Air Act Implementation Plan as adopted by the EQC under OAR 340-020-0047.

Definitions Used in Requirements for Demonstrating Net Air Quality Benefit for Ozone Areas

(1) "Ozone Precursor Distance" means the distance in kilometers from the nearest boundary of a designated ozone area within which a major new or modified source of VOC or NOx is considered to significantly affect that designated area. The determination of significance is made by either the formula method or the demonstration method.

(A) For sources with complete permit applications submitted before January 1, 2003: D = 30 km

(B) For sources with complete permit applications submitted on or after January 1, 2003: D = (Q/40) x 30 km

(C) D is the Ozone Precursor Distance in kilometers. The value for D is 100 kilometers when D is calculated to exceed 100 kilometers. Q is the larger of the NOx or VOC emissions increase from the source being evaluated in tons/year, and is quantified relative to the netting basis.

(D) If a source is located at a distance less than D from the designated area, the source is considered to have a significant effect on the designated area. If the source is located at a distance equal to or greater than D, it is not considered to have a significant effect.

(b) The Demonstration Method. An applicant may demonstrate to DEQ that the source or proposed source would not significantly impact a nonattainment area or maintenance area. This demonstration may be based on an analysis of major topographic features, dispersion modeling, meteorological conditions, or other factors. If DEQ determines that the source or proposed source would not significantly impact the nonattainment area or maintenance area under high ozone conditions, the Ozone Precursor Distance is zero kilometers.

(2) "Ozone Precursor Offsets" means the emission reductions required to offset emission increases from a major new or modified source located inside the designated nonattainment or maintenance area or within the Ozone Precursor Distance. Emission reductions must come from within the designated area or from within the Ozone Precursor Distance of the offsetting source as described above. The offsets determination is made by either the formula method or the demonstration method.

(A) Required offsets (RO) for new or modified sources are determined as follows:

(i) For sources with complete permit applications submitted before January 1, 2003: RO = SQ

(ii) For sources with complete permit applications submitted on or after January 1, 2003: RO = (SQ minus (40/30 * SD))

(B) Contributing sources may provide offsets (PO) calculated as follows: PO = CQ minus (40/30 * CD)

(C) Multiple sources may contribute to the required offsets of a new source. For the formula method to be satisfied, total provided offsets (PO) must equal or exceed the required offset (RO).

(D) Definitions of factors used in paragraphs (A) (B) and (C) of this subsection:

(i) RO is the required offset of NOx or VOC in tons per year as a result of the source emissions increase. If RO is calculated to be negative, RO is set to zero;

(ii) SQ is the source emissions increase of NOx or VOC in tons per year above the netting basis;

(iii) SD is the source distance in kilometers to the nonattainment or maintenance area. SD is zero for sources located within the nonattainment or maintenance area.

(iv) PO is the provided offset from a contributing source and must be equal to or greater than zero;

(v) CQ is the contributing emissions reduction in tons per year quantified relative to contemporaneous pre-reduction actual emissions (OAR 340-268-0030(1)(b)).

(vi) CD is the contributing source distance in kilometers to the nonattainment or maintenance area. For a contributing source located within the nonattainment or maintenance area, CD equals zero.

(b) The Demonstration Method. An applicant may demonstrate to DEQ using dispersion modeling or other analyses the level and location of offsets that would be sufficient to provide actual reductions in concentrations of VOC or NOx in the designated area during high ozone conditions. The modeled reductions of ambient VOC or NOx concentrations resulting from the emissions offset must be demonstrated over a greater area and over a greater period of time within the designated area as compared to the modeled ambient VOC or NOx concentrations resulting from the emissions increase from the source subject to this rule. If DEQ determines that the demonstration is acceptable, then DEQ will approve the offsets proposed by the applicant. The demonstration method does not apply to sources located inside an ozone nonattainment area.

[ED. NOTE: This rule was moved verbatim from OAR 340-225-0010(10) and (11) and amended in redline/strikeout.]

(1) When directed by the Major and State New Source Review rules, sources must comply with sections (2) through (6), whichever are applicable as specified in the designated area rules. For purposes of this rule, priority sources are sources identified in OAR 340-204-0300 for the designated area.

(2) The ratio must be no less than 1.2:1 if the offsets do not include offsets from priority sources. If the offsets include offsets from priority sources, the ratio may be reduced to no less than 1.0:1, as follows:

(a) If the owner or operator obtains offsets from priority sources that are greater than 0%, but less than 20% of the source’s potential emissions increase, then the owner or operator must obtain total offsets equal to greater than: 120% of the source’s potential emission increase minus the offsets from priority sources.

(b) The sum of the offsets from priority sources plus the offsets from non-priority sources must be equal to or greater than the source’s potential emissions increase.

E = potential emissions increase due to the new or modified source or PSEL increase (tons/yr);

(3) The ratio must be no less than 1.0:1 if the offsets do not include offsets from priority sources. If the offsets include offsets from priority sources, the ratio may be reduced to no less than 0.5:1, as follows:

(a) If the owner or operator obtains offsets from priority sources that are greater than 0%, but less than 50% of the source’s potential emissions increase, then the owner or operator must obtain total offsets equal to or greater than: 100% of the source’s potential emission increase minus the offsets from priority sources.

(b) The sum of the offsets from priority sources plus the offsets from non-priority sources must be equal to or greater than 50% of the source’s potential emissions increase.

E = potential emissions increase due to the new or modified source or PSEL increase (tons/yr);

(4) The owner or operator must conduct dispersion modeling in accordance with division 225 that demonstrates compliance with the criteria in subsection (a) or the criteria in subsections (b) and (c):

(a) the impacts from the emission increases above the source’s netting basis are less than the Class II SIL at all receptors within the designated area; or

(b) the impacts from the emission increases above the source’s netting basis are less than the Class II SIL at an average of receptors within an area representing a neighborhood scale, a reasonably homogeneous urban area with dimensions of a few kilometers that represent air quality where people commonly live and work in a representative neighborhood, centered on the DEQ approved ambient monitoring site; and

(c) the impacts of the emission increases above the source’s netting basis, plus the impacts of emission increases or decreases since the date of the current area designation of all other sources within the designated area or significantly impacting the designated area are less than 10% of the NAAQS at all receptors within the designated area, determined as follows:

(A) subtract the offsets from priority sources from the new or modified source’s emission increase;

(B) If the source’s emissions are not offset 100 percent by priority sources, conduct dispersion modeling of the following emissions:

(i) the source’s remaining emission increases after subtracting the priority source offsets specified in (A); and

(ii) the emission increases or decreases from all other sources since the date the area was designated, including offsets used for the proposed project, but excluding offsets from priority sources.

(1) When directed by the Major and State New Source Review rules, sources locating outside, but impacting any designated area other than an attainment or unclassified area:

(a) For the purpose of this section, a source has a significant impact on a designated area if the source’s emissions have a single source impact greater than the Class II SIL at any receptor within the designated area.

(b) The owner or operator must obtain offsets sufficient to reduce impacts to less than the Class II SIL at all receptors within the designated area; or

(c) must obtain offsets in accordance with OAR 340-224-0540(3), provided the offsets are demonstrated to have a significant impact on the designated area.

(2) When directed by the Major and State New Source Review rules, sources locating outside, but impacting any attainment and unclassified areas must provide an analysis of the air quality impacts of each pollutant for which emissions will exceed the netting basis by the SER or more due to the proposed source or modification in accordance with OAR 340-225-0050(1) and (2).

NOTE: This rule is included in the State of Oregon Clean Air Act Implementation Plan as adopted by the EQC under OAR 340-020-0047.

pcuser, 2013-06-13T15:42:00Z
WHAT IF ACTUAL EMISSIONS ARE GREATER THAN THE PSEL? THIS WOULDN’T GET CAUGHT IN ENFORCEMENT. IF A SOURCE HAS THE WRONG PSEL, DOES IT NEED TO BE CORRECTED FIRST BEFORE THEY BRING AN ENFORCEMENT ACTION.

ADDRESS THIS IN THE PSEL RULE? IF YOU DON’T HAVE A VALID PSEL THEN IT’S ZERO?

SOURCE SHOULDN’T BE ABLE TO USE A PSEL THAT THEY SHOULND’T HAVE TO DEFEND THEMSELVES FOR NOT TRIGGERING NSR. A PROVISION THAT SAYS SOMETHING ELSE WOULD BE RELIED UPON IF THE PSEL IS WRONG BEFORE YOU DETERMINE IF PSD IS TRIGGERED. 4:36 ON TAPE.

SYNTHETIC MINOR WOULD BE AN EXAMPLE. EPA HAS GUIDANCE ON SYNTHETIC MINOR LIMIT VIOLATIONS.

Preferred Customer, 2013-06-13T15:42:00Z
No baseline for PM2.5 so need to reference netting basis

If a grandfathered source makes any change, then they should be subject to NSR/PSD = intent of CAA, even if it’s an emissions decrease. This discourages sources from making improvements. If they make the change to utilize the equipment more, then they are increasing their impacts.

Preferred Customer, 2013-06-13T15:42:00Z
The new section (2) was moved verbatim from section (3) and amended in redline/strikeout

jinahar, 2013-06-25T09:56:00Z
Lead time for application? When does clock restart for another 18 months? CHECK ACDP RULES

pcuser, 2013-06-24T17:53:00Z
NEED TO PUT A DEADLINE ON WHEN THEY CAN APPLY AND STILL USE THESE ERCs. MAKE SURE WE ADDRESS ANDY’S COMMENT ON EXTENSIONS FOR STATE NSR.

pcuser, 2013-06-25T06:57:00Z
DESIGNATION OF SUSTAINMENT AREA DOES NOT NEED TO GO THROUGH EPA FOR APPROVAL. ONLY PROCEDURES NEEDTO BE APPROVED BY EPA. SO NO SIP REVISION TO DESIGNATE AREAS.

Preferred Customer, 2013-06-13T15:42:00Z
Covered in 224-0070(2) and cross referenced above in (1)

jinahar, 2013-06-25T11:32:00Z
Changing the definition of major source from SER to 100 tpy – what does this do to the Medford-Ashland maintenance plan?? Do we need to keep the SER major source definition for maintenance plans?

KEEP THE SAME OR SEND IN A REVISION TO MAINTENANCE PLAN FOR MEDFORD-ASHLAND. APPROVABLE UNDER 110(l)? WOULD NEED DEMONSTRATION.

DELETE AND SAY 0070 DOES NOT APPLY TO NAA POLLUTANTS FOR AREAS THAT ARE DESIGNATED WHY DO WE NEED TO ADD THAT?

Preferred Customer, 2013-06-13T15:42:00Z
Section (1) was moved verbatim from OAR 340-225-0050(4) and amended in redline/strikeout.

An applicant should be aware of the potential need to establish and operate a site-specific monitoring network for the collection of certain ambient data.

With respect to air quality data, the PSD regulations contain provisions requiring an applicant to provide an ambient air quality analysis which may include pre-application monitoring data, and in some instances postconstruction monitoring data, for any pollutant proposed to be emitted by the new source or modification. In the absence of available monitoring data which is representative of the area of concern, this requirement could involve the operation of a site-specific air quality monitoring network by the applicant.

Also, the need for meteorological data, for any dispersion modeling that must be performed, could entail the applicant's operation of a site-specific meteorological network. Pre-application data generally must be gathered over a period of at least 1 year and the data are to represent at least the 12-month period immediately preceding receipt of the PSD application. Consequently, it is important that the applicant ascertain the need to collect any such data and proceed with the required monitoring activities as soon as possible in order to avoid undue delay in submitting a complete PSD application.

For any criteria pollutant that the applicant proposes to emit in significant amounts, continuous ambient monitoring data may be required as part of the air quality analysis. If, however, either (1) the predicted ambient impact, i.e., the highest modeled concentration for the applicable averaging time, caused by the proposed significant emissions increase (or significant net emissions increase), or (2) the existing ambient pollutant concentrations are less than the prescribed significant monitoring value (see Table C-3), the permitting agency has discretionary authority to exempt an applicant from this data requirement.

pcuser, 2013-06-13T15:42:00Z
§ 52.21 Prevention of significant deterioration of air quality (m) Air quality analysis —(1) Preapplication analysis. (i) Any application for a permit under this section shall contain an analysis of ambient air quality in the area that the major stationary source or major modification would affect for each of the following pollutants:

( a ) For the source, each pollutant that it would have the potential to omit in a significant amount;

( b ) For the modification, each pollutant for which it would result in a significant net emissions increase.

(ii) With respect to any such pollutant for which no National Ambient Air Quality Standard exists, the analysis shall contain such air quality monitoring data as the Administrator determines is necessary to assess ambient air quality for that pollutant in any area that the emissions of that pollutant would affect.

(iii) With respect to any such pollutant (other than nonmethane hydrocarbons) for which such a standard does exist, the analysis shall contain continuous air quality monitoring data gathered for purposes of determining whether emissions of that pollutant would cause or contribute to a violation of the standard or any maximum allowable increase.

(iv) In general, the continuous air quality monitoring data that is required shall have been gathered over a period of at least one year and shall represent at least the year preceding receipt of the application, except that, if the Administrator determines that a complete and adequate analysis can be accomplished with monitoring data gathered over a period shorter than one year (but not to be less than four months), the data that is required shall have been gathered over at least that shorter period.

(v) For any application which becomes complete, except as to the requirements of paragraphs (m)(1) (iii) and (iv) of this section, between June 8, 1981, and February 9, 1982, the data that paragraph (m)(1)(iii) of this section, requires shall have been gathered over at least the period from February 9, 1981, to the date the application becomes otherwise complete, except that:

( a ) If the source or modification would have been major for that pollutant under 40 CFR 52.21 as in effect on June 19, 1978, any monitoring data shall have been gathered over at least the period required by those regulations.

( b ) If the Administrator determines that a complete and adequate analysis can be accomplished with monitoring data over a shorter period (not to be less than four months), the data that paragraph (m)(1)(iii) of this section, requires shall have been gathered over at least that shorter period.

( c ) If the monitoring data would relate exclusively to ozone and would not have been required under 40 CFR 52.21 as in effect on June 19, 1978, the Administrator may waive the otherwise applicable requirements of this paragraph (v) to the extent that the applicant shows that the monitoring data would be unrepresentative of air quality over a full year.

(vi) The owner or operator of a proposed stationary source or modification of volatile organic compounds who satisfies all conditions of 40 CFR part 51 Appendix S, section IV may provide post-approval monitoring data for ozone in lieu of providing preconstruction data as required under paragraph (m)(1) of this section.

(vii) For any application that becomes complete, except as to the requirements of paragraphs (m)(1) (iii) and (iv) pertaining to PM₁₀, after December 1, 1988 and no later than August 1, 1989 the data that paragraph (m)(1)(iii) requires shall have been gathered over at least the period from August 1, 1988 to the date the application becomes otherwise complete, except that if the Administrator determines that a complete and adequate analysis can be accomplished with monitoring data over a shorter period (not to be less than 4 months), the data that paragraph (m)(1)(iii) requires shall have been gathered over that shorter period.

(viii) With respect to any requirements for air quality monitoring of PM₁₀under paragraphs (i)(11) (i) and (ii) of this section the owner or operator of the source or modification shall use a monitoring method approved by the Administrator and shall estimate the ambient concentrations of PM₁₀using the data collected by such approved monitoring method in accordance with estimating procedures approved by the Administrator.

(2) Post-construction monitoring. The owner or operator of a major stationary source or major modification shall, after construction of the stationary source or modification, conduct such ambient monitoring as the Administrator determines is necessary to determine the effect emissions from the stationary source or modification may have, or are having, on air quality in any area.

(3) Operations of monitoring stations. The owner or operator of a major stationary source or major modification shall meet the requirements of Appendix B to part 58 of this chapter during the operation of monitoring stations for purposes of satisfying paragraph (m) of this section.

Preferred Customer, 2013-06-13T15:42:00Z
Do we need to get rid of these based on the DC Circuit Court decision? Or just PM2.5?

jinahar, 2013-06-13T15:42:00Z
Find EPA language for this. I couldn’t find anything...EPA – is there anything?

pcuser, 2013-06-13T15:42:00Z
NOT AN EXEMPTION BUT A WAY TO SATISFY THE REQUIREMENT,CAN DO MONITORING OR SUBMIT CONSERVATIVE BACKGROUND DATA

The PSD Monitoring Guideline recommends that post-construction monitoring be done when there is a valid reason, such as (1) when the NAAQS are threatened, and (2) when there are uncertainties in the data bases for modeling. Any decision to require post-construction monitoring will generally be made after the PSD application has been thoroughly reviewed. It should be noted that the PSD regulations do not require that the significant monitoring concentrations be considered by the permitting agency in determining the need for post-construction monitoring.

Existing monitors can be considered for collecting post-construction ambient data as long as they have been approved for PSD monitoring purposes. However, the location of the monitors should be checked to ascertain their appropriateness if other new sources or modifications have subsequently

occurred, because the new emissions from the more recent projects could alter the location of points of maximum ambient concentrations where ambient measurements need to be made.

Generally, post-construction monitoring should not begin until the source is operating near intended capacity. If possible the collection of data should be delayed until the source is operating at a rate equal to or greater than 50 percent of design capacity. The PSD Monitoring Guideline provides, however, that in no case should post-construction monitoring be delayed later than 2 years after the start-up of the new source or modification.

pcuser, 2013-06-13T15:42:00Z
DO WE WANT TO CONSIDER INCREASES DUE TO A CHANGE IN THE METHOD OF OPERATION? CHECK RULES FOR ALL AREAS.

pcuser, 2013-06-13T15:42:00Z
WHAT HAPPENS IF A CONTINGENCY PLAN EXISS. WHAT HAPPENS THEN? THERE ARE NO CONTINGENCY PLANS FOR REATTAINMENT AREAS.

jinahar, 2013-06-13T15:42:00Z
Changing the definition of major source from SER to 100 tpy – what does this do to the Medford-Ashland maintenance plan?? Do we need to keep the SER major source definition for maintenance plans?

pcuser, 2013-06-13T15:42:00Z
LEAVE IN EVEN THOUGH THEY ARE NOT APPROVED IN OUR SIP OR ELSE WE WOULDN’T HAVE ANY RATIOS TO APPLY

jinahar, 2013-06-13T15:42:00Z
What if a source doesn’t choose offsets from priority sources? No benefit for enviros.

jinahar, 2013-06-13T15:42:00Z
PUT A TABLE TOGETHER COMPARING THESE NUMBERS, SILS, INCREMENTS AND 10% OF NAAQS