Current

Proposed

Suggested change

Reason/Issues

Status

Division

Rule

Division

Rule

IMDs?

Compliance Assurance Agreement and the PPA

NICOLE?

ADD CFR DATE TO ALL RULES (JULY 1, 2013)

ALL

ALL

NA

NA

Replace “the Department” with “DEQ”

done

ALL

ALL

NA

NA

Replace “the Commission” with “the EQC”

done

ALL

ALL

NA

NA

Replace “Division” with “division”

done

ALL

ALL

NA

NA

Move tables to their own rule number

Pull out tables from rule and make the tables their own rule. Consistent with Water Quality Division.

done

200

General Air Pollution Procedures and Definitions

200

0020(3)

NA

Add a cross reference to divisions 214, 220, and 222 for determining actual emissions

Move procedural requirements out of definitions. Establishing and resetting actual emissions should be in division 214 for Emission Statements, division 220 for Title V Operating Permit Fees and division 222 Plant Site Emission Limits.

done

200

0200(3)(a) – (c)

222

0050

Move (a) through (c) for determining actual emissions to division 222

Move procedural requirements out of definitions. Establishing and resetting actual emissions should be in division 222 Plant Site Emission Limits.

done

200

0020(3)(d)

214

0210(10(c)(A)

Move the definition of actual emissions for emission statements to division 214

The part of the definition of actual emissions for emission statements should be included in the rules for emission statements

done

200

0020(3)(d)

220

0120(1)

Move the definition of actual emissions for Title V operating permit fees to division 220

The part of the definition of actual emissions for Title V operating permit fees should be included in the rules for Title V operating permit fees

done

200

0020(3)(e)

220

0120(2)

Move the method of measuring actual emissions for Title V operating permit fees to division 220

The part of the definition of actual emissions for Title V operating permit fees should be included in the rules for Title V operating permit fees

done

234

240

0020(5)

0030(3)

200

0020(13)

Add definition of “average operating opacity”

Definition of average operating opacity same as Division 234 and 240. Move to division 200 except for sentence about when a violation occurs.

done

200

0020(13)

200

0020(14)

Add a cross reference to division 222 for determining baseline emission rate

Move procedural requirements out of definitions. Establishment of the baseline emission rate should be in Division 222 Plant Site Emission Limits

done

200

0020(13)

NA

NA

Delete the language “Baseline emission rate does not include increases due to voluntary fuel switches or increased hours of operation that occurred after that baseline period.”

This language is not necessary. The baseline emission rate obviously would not include these changes that occurred after the baseline period.

done

200

0020(13)(a)

222

0048(2)

Move (a) for establishing the baseline emission rate for regulated air pollutants

Move procedural requirements out of definitions. Establishment of the baseline emission rate should be in Division 222 Plant Site Emission Limits

done

200

0020(13)(a)

222

0048(3)

Move part of (a) that states a baseline emission rate will not be established for PM2.5

Move procedural requirements out of definitions. Establishment of the baseline emission rate should be in Division 222 Plant Site Emission Limits

done

200

0020(13)(b)

222

0048(4)

Move (b) for establishing the baseline emission rate for GHG.

Move procedural requirements out of definitions. Establishment of the baseline emission rate should be in Division 222 Plant Site Emission Limits

done

200

0020(13)(c)

222

0048(5)

Move (c) for establishing the baseline emission rate for new regulated pollutants

Move procedural requirements out of definitions. Establishment of the baseline emission rate should be in Division 222 Plant Site Emission Limits

done

200

0020(13)(d)

222

0048(6)

Move (d) for recalculating the baseline emission rate and further clarify when the baseline emission rate will be recalculated

Move procedural requirements out of definitions. Establishment of the baseline emission rate should be in Division 222 Plant Site Emission Limits

done

200

0020(13)(e)

222

0048(6)

Move (e) and further clarify when the baseline emission rate will be recalculated

Move procedural requirements out of definitions. Establishment of the baseline emission rate should be in Division 222 Plant Site Emission Limits

done

200

0020(14)

200

0020(15)

Add a cross reference to division 222 for determining baseline period

Move procedural requirements out of definitions. Establishment of the baseline emission rate should be in Division 222 Plant Site Emission Limits

done

200

0200(14)(a)

222

0048(1)(a)

Move (a) for determining baseline period for non-GHG

Move procedural requirements out of definitions. Establishment of the baseline period should be in Division 222 Plant Site Emission Limits

Done

200

0200(14)(b)

222

0048(1)(b)

Move (b) for determining baseline period for GHG

Move procedural requirements out of definitions. Establishment of the baseline period should be in Division 222 Plant Site Emission Limits

Done

200

0020(16)

200

0020(17)

Add provision that the definition of biomass only applies to divisions 215 (GHG reporting) and 224 (NSR applicability).

Add provision that the definition of biomass only applies to divisions 215 (GHG reporting) and 224 (NSR applicability). The MACT definition is different and is included in individual permits. The definition in division 228 has been deleted.

done

200

0020(20)(c)

200

0020(21)(c)

Delete “fuel,” spell out hour and clarify that the requirement is for “each” piece of equipment

Correction/clarification

done

200

0020(20)(d)

200

0020(21)(d)

Spell out hour and clarify that the requirement is for “each” piece of equipment

Correction/clarification

done

200

0020(20)(uu)

200

0020(21)(uu)

Add " rated at less than 500 horsepower” to emergency generators and pumps

DEQ will require permits for emergency generators and pump rater at 500 horsepower or more

done

200

0020(25)

200

236-0010(6)

240-0030(5)

Clarify “collection efficiency” definition

Definition of collection efficiency same in division 236 and 240. Clarify and move to division 200.

done

200

0020(35)

200

232-0030(17)

Add definition of “day”

Move from division 232

done

200

0020(33)

200

0020(36)

Add rule number for table of de minimis levels

Pull out tables from rule and make the tables their own rule. Consistent with Water Quality Division.

done

200

0020(33)

200

0020(36)

Delete NOTE: De minimis is compared to all increases that are not included in the PSEL.

De minimis is used in division 210 and 222. It was clarified what is meant by de minimis in relation to the PSEL so this note is unnecessary.

done

200

0020(42)

230

240

208

226

228

0030(8)

0030(10)

0010(13)

0010(6)

0020(7)

Add definition of “dry standard cubic foot”

Move from division 230 and 240; change all references to “dry” standard cubic food; and delete definition of “standard cubic foot” from other divisions

done

200

0020(51)

236

0010(13)

Add definition of “emission standards”

Move from division 236 and clarify

done

200

0020(54)

234

240

0010(15)

0030(12)

Add definition of “EPA Method 9”

Move from division 234 and 240 and change reference to 40 CFR Part 60 Appendix A-4 since opacity will be a six-minute average rather than an aggregate in one hour

done

200

0020(60)

240

0030(13)

Add definition of “facility” and add definitions of “affected facility” and “existing facility” from the NSPS regulations and division 238

Move from division 240

done

200

0020(55)(a)

200

0020(62)(a)

Change definition of “federal major source” to include:

“(a) a source located in a nonattainment, reattainment, or maintenance area with potential to emit the regulated pollutant for which the area is designated nonattainment, reattainment or maintenance greater than or equal to 100 tons per year.”

DEQ is regulating major sources at the federal major thresholds under the Major New Source Review program. Sources emitting at the significant emission rate up to the federal major thresholds will be regulated under the Minor New Source Review program.

done

200

0020(55)

200

0020(62)(b)

Change definition of “federal major source” to include sources located in an attainment, unclassified, or sustainment area with potential to emit any individual regulated pollutant, excluding hazardous air pollutants listed in OAR 340 division 244 greater than or equal to 100 tons per year or 250 tons per year

See above

done

200

NA

200

0020(62)(c)

Separate what emissions should be included in the calculations for determining whether a source is a federal major source or not.

clarification

done

200

NA

200

0020(62)(c)(A)

Clarify that fugitive emissions from insignificant activities must be included in the determination of a federal major source

clarification

done

200

NA

200

0020(62)(c)(B)

Simplify wording for emission increases and decreases

clarification

done

200

NA

200

0020(63)(d)

Add a heading for source categories

clarification

done

200

0020(55)(w)

200

0020(62)(d)(W)

Add “excluding ethanol production facilities” to chemical process plants under the definition of “Federal Major Source”

EPA published a final rule in the May 1, 2007 Federal Register that changed the federal prevention of significant deterioration regulations. The final rule changed the major source threshold for ethanol plants from 100 tons per year to 250 tons per year.

done

208

228

240

0010(4)

0020(4)

0030(14)

200

0020(65)

Add the definition of “fuel burning equipment”

Move definition of fuel burning equipment from divisions 208, 228, and 240 to division 200 and clarify.

done

200

0020(60)

200

0020(68)

Add rule number for table of generic PSELs

Pull out tables from rule and make the tables their own rule. Consistent with Water Quality Division.

done

200

0020(60)

0020(68)

Delete the note from the definition of generic PSEL

The requirements included in the note are covered in the generic PSEL rules in division 222.

done

232

234

240

0030(31)

0010(18)

0030(18)

200

0020(71)

Add definition of “hardboard”

Definition of hardboard same in divisions 232, 234 and 240. Move to division 200

done

202

0010(5)

200

0020(73)

Add definition of “Indian governing body”

Defined in division 202 but used in divisions 204 and 209. Move to division 200.

done

202

0010(6)

200

0020(74)

Add definition of “Indian reservation”

Used in division 200 and 204. Move to division 200.

done

NA

NA

200

0020(78)

Add definition of “internal combustion source”

clarification

done

240

0030(24)

200

0020(80)

Add definition of “liquefied petroleum gas”

Move from division 240

done

200

0020(69)

200

0020(83)

Delete the definition of “maintenance area” and use the definition from division 204 with clarifications. Update the CFR date.

Move from division 204 with clarifications. The definition in division 204 is more comprehensive.

done

200

0020(71)

200

0020(84)

Add a cross reference to division 224 for determining whether a source makes a major modification

Move procedural requirements out of definitions. Determination of whether a source makes a major modification should be in division 224 New Source Review

done

200

0020(71)

224

0025

Move (a) through (e) for determining whether a source makes a major modification

Move procedural requirements out of definitions. Determination of whether a source makes a major modification should be in division 224 New Source Review

done

200

0020(72)(a)

200

0020(85)(a)

Change the definition of “major source” by referring to the definition of “federal major source,” one with the PTE at the significant emission rate to one with the PTE at 100 tons per year or more.

DEQ is regulating major sources at the federal major thresholds under the Major New Source Review program. Sources emitting at the significant emission rate up to the federal major thresholds will be regulated under the Minor New Source Review program.

done

200

0020(72)(xx)

200

0020(85)(xx)

Add “excluding ethanol production facilities” to chemical process plants under the definition of “major source”

EPA published a final rule in the May 1, 2007 Federal Register that changed the federal prevention of significant deterioration regulations. The final rule changed the major source threshold for ethanol plants from 100 tons per year to 250 tons per year.

done

234

240

0010(21)

0030(23)

200

0020(87)

Add definition of “maximum opacity”

Move from division 234 and 240

done

216

0030(2)

200

0020(89)

Add definition of “modified permit”

Move from division 216. Modified permit has the same meaning as “permit modification”

done

240

0030(26)

200

0020(91)

Add definition of “natural gas”

Move from division 240. This term is used throughout many divisions.

done

200

0020(76)

200

0020(92)

Add a cross reference to division 222 for determining how to calculate netting basis

Move procedural requirements out of definitions. Determination of whether a source makes a major modification should be in division 222 Plant Site Emission Limits

done

200

0020(76)

222

0046

Move the definition of netting basis

Move procedural requirements out of definitions. Calculating netting basis should be in Division 222 Plant Site Emission Limits

done

204

0010(14)

200

0020(94)

Delete the definition of “nonattainment area” and use the definition from division 204 with clarifications. Update the CFR date.

Move from division 204 with clarifications. The definition in division 204 is more comprehensive.

done

208

240

0010(8)

0030(28)

200

0020(97)

Add definition of “odor”

Move from divisions 208 and 240

done

200

240

0020(82)

0030(30)

200

0020(99)

Reference EPA Method 9 or other method(s), as specified in each applicable rule rather than the Source Sampling Manual in OAR 340-212-0120 and 212-014 or the Continuous Monitoring Manual.

Opacity defined in divisions 200 and 240. Move from division 240 and change reference method to EPA Method 9. Change limit to a 6-minute average instead of a 3-minute aggregate.

done

234

240

0010(27)

0030(32)

200

0020(105)

Add definition of particleboard

Move from divisions 234 and 240

done

200

0020(88)

200

0020(106)

Delete test methods from definition of "Particulate Matter"

The change makes the definition closer to the EPA definition. Include test methods with limit in specific rules.

done

200

232

0020(94)

0030(54)

200

0020(112)

Delete the definition of “person” and use the definition from division 232

The definition in division 232 is more comprehensive.

done

200

0020(95)

200

0020(113)

Add “for fee purposes in division 220” to the definition of Plant Site Emission Limit

Clarification

done

200

0020(96)(a)

200

0020(114)(a)

Change the test methods in the definition of "PM10" to those specified in the applicable rule or permit. Delete the reference to DEQ’s Source Sampling Manual.

Include test methods with limit in specific rules or permits.

done

200

0020(96)(b)

200

0020(114)(b)

Add “or an equivalent method designated in accordance with 40 CFR Part 53”

40 CFR Part 53 may designate a method for measuring ambient PM10 concentrations.

done

200

0020(97)(a)

200

0020(115)(a)

Change the test methods in the definition of "PM2.5" to those specified in the applicable rule or permit. Delete the reference to EPA reference methods 201A and 202 in 40 CFR Part 51, appendix M

Include test methods with limit in specific rules or permits.

done

200

0020(97(b)

200

0020(115) (b)

Change the test methods in the definition of "PM2.5" to those specified in the applicable rule or permit. Delete the reference to EPA reference methods in 40 CFR Part 60, appendix A.

Include test methods with limit in specific rules or permits.

done

200

0020(97)(c)

200

0020(115)(c)

Add “airborne finely divided solid or liquid material” and “in accordance with” to the definition of PM10 in the context of ambient concentration

This change more closely matches the definition of PM10 ambient concentration

done

202

0010(8)

200

0020(119)

Add definition of “ppm”

Move the definition from Division 202 to Division 200

done

234

240

0010(32)

0030(35)

200

0020(121)

Add definition of “press/cooling vent”

Move from division 234 and 240

done

NA

NA

200

0020(123)

Add definition of “reattainment area”

Define new area for minor new source review. Reattainment areas are those that were nonattainment areas but have monitoring data that shows 3 years of compliance with the NAAQS but are not yet designated as maintenance by EPA.

done

200

0020(106)

200

0020(127)

Delete parentheses and capitalize name of table 2 in definition of “regulated air pollutant.” Add

correction

done

200

0020(106)

200

0020(127)(c)

Add rule number for table of significant emission rates

Pull out tables from rule and make the tables their own rule. Consistent with Water Quality Division.

done

200

0020(132)

200

0020(154)

Change the definition of “significant air quality impact” to “significant impact” or “significant impact level”

EPA defines “significant impact levels” or SILs.

done

200

0020(132)

200

0020(154)

Add rule number for table of significant impact levels

Pull out tables from rule and make the tables their own rule. Consistent with Water Quality Division.

done

200

0020(132)

200

0020(154)

Change the sentence from the definition of “significant impact” that says that the threshold concentrations in Table 1 are used for comparison against the ambient air quality standards and PSD increments but do not apply for protecting air quality related values, including visibility.

The part of the sentence about protecting PSD Class I increments is from a September 10, 1991 EPA memo regarding Class I Area Significant Impact Levels and were never intended to be used for evaluating impacts on the Class I increments (43 FR 26380, June 19, 1978). The memo also states that “use of such significant impact levels for the purpose of Class I increment analyses does not include their use for determining whether a source should conduct an adverse impact analysis for any air quality-related value (AQRV) in a Class I area, or whether a source would have an adverse impact on an AQRV.”

done

200

0020(132)

200

0020(154)

Change OAR 340-225-0020 to OAR 340 division 225

The definition of ozone precursor distance has been moved from the definition section of division 225.

done

200

0020(133)

200

0020(153)

Move definition of “significant emission rate” to before definition of “significant impact”

Changing the definition of “significant air quality impact” to “significant impact” makes it out of alphabetic order

done

200

0020(133)

200

0020(153)

Add rule number for table of significant emission rates

Pull out tables from rule and make the tables their own rule. Consistent with Water Quality Division.

done

200

0020(133)(a)

200

0020(153)(a)

Add rule number for table of Medford-Ashland AQMA significant emission rate

Pull out tables from rule and make the tables their own rule. Consistent with Water Quality Division.

done

200

0020(135)

Delete definition of “small scale local energy project”

Definition no longer needed since the definition of net air quality benefit is being changed

done

200

0020(138)

200

0020(138)

Add date to Source Sampling Manual

correction

done

208

226

228

0010(12)

0010(5)

0020(6)

200

0020(159)

Add definition of “standard conditions”

Move from division 208, 226, and 228. The definition of standard conditions in division in 240 needs correction for temperature.

done

200

0020(142)

200

0020(163)

Change Underpayment to lower case underpayment

correction

done

NA

NA

200

0020(164)

Add definition of “sustainment area”

Define new area for minor new source review. Sustainment areas are those that have monitoring data over the NAAQS but are not yet designated nonattainment by EPA.

done

234

240

0010(45)

0030(39)

200

0020(172)

Add definition of “veneer”

Move from division 234 and 240

done

240

0030(40)

200

0020(173)

Add definition of “veneer dryer”

Move from division 240

200

0020(151)

200

0020(175)

Update the definition of VOCs

EPA changed the definition of VOCs in the June 22, 2012 Federal Register. This revision adds trans-1,3,3,3-tetrafluoropropene (also known as HFO-1234ze) to the list of compounds excluded from the definition of VOC on the basis that this compound makes a negligible contribution to tropospheric ozone formation. As a result, if one is subject to certain federal regulations limiting emissions of VOCs, emissions of HFO-1234ze may not be regulated for some purposes.

done

234

0010(47)

200

0020(176)

Add definition of “wood fired veneer dryer”

Move from division 234.

done

NA

NA

200

0020(177)

Add definition of “wood fuel-fired device”

Term not defined and used in multiple divisions

done

200

0025(81)

NA

NA

Change the acronym from “PCDE” to “PCDCE”

Correction. The term used is “pollution control device collection efficiency”

done

NA

NA

200

0025(88)

Add ppm to Abbreviations and Acronyms

Add PPM to Division 200 abbreviations and acronyms because it is used in other divisions

done

200

0040

NA

NA

Change the date for the State Implementation Plan modification

The proposed changes are part of the SIP which will be revised as a result of the proposed changes. CHECK ON OTHER SIP REVISIONS FOR DATE

200

0040(3)(a)

NA

NA

Change the date of the CFR

update

done

200

Tables

Change date of last EQC revision

Correction

DO THESE TABLES NEED RULE HISTORY??

done

200

0020

Table 1

200

8000

Change title from Significant Air Quality Impact to Significant Impact Levels

correction

done

200

0020

Table 1

200

8000

Add rule number for table of significant impact levels

Pull out tables from rule and make the tables their own rule. Consistent with Water Quality Division.

done

200

0020

Table 2

200

8010

Add rule number for table of significant emission rates

Pull out tables from rule and make the tables their own rule. Consistent with Water Quality Division.

done

200

0020

Table 3

200

8020

Add rule number for table of significant emission rates for the Medford-Ashland AQMA

Pull out tables from rule and make the tables their own rule. Consistent with Water Quality Division.

done

200

0020

Table 4

200

8030

Add rule number for table of de minimis levels

Pull out tables from rule and make the tables their own rule. Consistent with Water Quality Division.

done

200

0020

Table 5

200

8040

Add rule number for table of generic PSELs

Pull out tables from rule and make the tables their own rule. Consistent with Water Quality Division.

done

202

Ambient Air Quality Standards and PSD Increments

202

0010

NA

NA

Add Division 204 as another division that has definitions that would apply to this division

Add reference to division 204 definitions

done

202

0010(2)

NA

NA

Delete definition of “ambient air monitoring site criteria”

Definition not used in this division or any other division

done

202

0010(4)

NA

NA

Delete definition of “Baseline Concentration”

Definition already in Division 225, delete and use definition in Division 225

done

202

0010(5)

200

0020(73)

Move definition of “Indian Governing Body” to division 200

Definition not used in this division but used in divisions 204 and 209 so move to division 200

done

202

0010(6)

200

0020(74)

Move definition of “Indian Reservation” to division 200

Definition not used in this division but used in divisions 204 and 209 so move to division 200

done

202

0010(8)

200

0020(119)

Move definition of “PPM” to division 200

Definition used in many divisions so move to division 200

done

202

0210(1)

NA

NA

Add reference to Division 225 for baseline concentration

Since the definition of baseline concentration is being deleted from this division, a reference to Division 225 is needed

done

202

0210(2)

NA

NA

Add “or PSD increment”

Clarification. “maximum allowable increase” is not used in Division 224 or 225 but only in Division 202. The “maximum allowable increase” is also known as the “PSD increment.”

done

224

0060(2)(c) and (d)

202

0225

Move Ambient Air Quality Thresholds for CO and PM10 Maintenance Areas (e.g., Klamath Falls and Grants Pass PM₁₀ maintenance standards) from OAR 340-224-0060

Division 202 will contain all ambient standards and thresholds intended to protect ambient air quality

done

202

0225

NA

NA

Change title of rule , use “Limits” instead of “Thresholds”

Clarification

done

202

0210

Table 1

202

8000

Add rule number for table of de minimis levels

Pull out tables from rule and make the tables their own rule. Consistent with Water Quality Division.

done

202

0210

Table 1

202

8000

Add PSD Increments to the title of the table

The table is titled “Maximum Allowable Increase” even though this language is only used in division 202. Add PSD Increment to clarify since this language is used in divisions 224 and 225.

done

202

0210

Table 1

202

8000

Delete footnote about PM2.5 Increments will become effective on October 20, 2011

No longer needed

done

204

Designation of Air Quality Areas

204

0010(1)

200

0025(5)

Delete definition of “AQCR”

Delete and use division 200 acronym

done

204

0010(2)

200

0025(6)

Delete definition of “AQMA”

Delete and use division 200 acronym

done

204

0010(3)

200

0025(23)

Delete definition of “CO”

Delete and use division 200 acronym

done

204

0010(4)

200

0025(15)

Delete definition of “CBD”

Delete and use division 200 acronym

done

204

0010(5)

200

0020(33)

Delete definition of criteria pollutant.

Delete and use division 200 definition

done

204

0010(15)

200

0020(82)

Delete definition of “Maintenance area”

Move from division 204 to division 200 with clarifications. The definition in division 204 is more comprehensive.

done

204

0010(19)

200

0020(94)

Delete definition of “nonattainment area”

Move from division 204 to division 200 with clarifications. The definition in division 204 is more comprehensive.

done

204

0010(20)

200

0025(75)

Delete definition of “O3”

Delete and use division 200 acronym

done

204

0010(22)

200

0020(106)

Delete definition of “particulate matter”

Delete and use division 200 definition

done

204

0010(23)

200

0020(114)

Delete definition of “PM10”

Delete and use division 200 definition

done

204

0010(24)

200

0020(115)

Delete definition of “PM2.5”

Delete and use division 200 definition

done

204

0010(30)

200

0025(111)

Delete definition of “UGB”

Delete and use division 200 acronym

done

204

0020(5)(j)

NA

NA

Correct spelling of Wheeler County

correction

done

204

0020 NOTE:

NA

Delete “NOTE: The AQCRs should not be confused with the recent DEQ reorganization that split the state into three DEQ regions: Northwest, West and East.”

NOTE no longer needed. DEQ reorganization occurred many years ago so there is no longer any confusion.

done

204

0030(2)

NA

NA

Change designation of Klamath Falls Nonattainment Area for PM2.5 to reference the Klamath Falls Nonattainment area defined in division 204-0010.

Already defined in division 204

done

204

0090

NA

NA

Change the oxygenated gasoline requirement in control areas since the October 31, 2007 is past. Require oxygenated gasoline if required under an applicable attainment or maintenance plan adopted by the Environmental Quality Commission, and apply it to the oxygenated gasoline control areas: Clackamas, Multnomah, Washington and Yamhill Counties.

The October 31, 2007 date has past. DEQ’s 2004 CO maintenance plan states that Section 175A(d) of the Clean Air Act provides that any control strategies removed upon redesignation to attainment must be reinstated if the area violates the air quality standard. The provisions of this section of the Contingency Plan are dictated by that Clean Air Act requirement.

If the Portland area violates the NAAQS for CO, the requirement to use wintertime oxygenated fuel in Clackamas, Multnomah, Washington, and Yamhill Counties will be reinstated.

done

NA

NA

204

0300

Add rules that explain how sustainment areas will be designated

DEQ has defined two new areas for minor new source review: sustainment and reattainment areas. These new areas will provide options for sources when constructing or modifying in these areas.

done

NA

NA

204

0310

Add rules that explain how reattainment areas will be designated

DEQ has defined two new areas for minor new source review: sustainment and reattainment areas. These new areas will provide options for sources when constructing or modifying in these areas.

done

206

Air Pollution Emergencies

None

206

all

NA

NA

Correct Division to lower case division

correction

done

206

0010

NA

NA

Update CFR date

Update

done

206

0020

NA

NA

Add division 204 as another division that has definitions that would apply to this division

Add reference to division 204 definitions

done

206

0040(4)

NA

NA

Add title of Table 4: Air pollution episode conditions due to Particulate which is primarily fallout from volcanic activity or windblown dust. Ambient Particulate control measures to be taken as appropriate in episode area

correction

done

206

0050(2)

NA

NA

Correct Emits to lower case emits

correction

done

208

Visible Emissions and Nuisance Requirements

208

0010

NA

NA

Add division 204 as another division that has definitions that would apply to this division

Add reference to division 204 definitions

done

208

0010(2)

200

0020(9)

Delete definition of “air contaminant” and use definition in division 200

Already defined in division 200

done

208

0010(3)

200

0020(45)

Delete definition of “emission” and use definition in division 200

Already defined in division 200

done

208

0010(4)

200

0020(65)

Delete definition of “fuel burning equipment”

Move to division 200 with clarification and delete from divisions 208, 228, and 240

done

208

0010(5)

200

0020(66)

Definition of “fugitive emissions”

Delete and use definition in division 200

done

208

0010(6)

NA

NA

Delete definition of “new source”

Definition no longer needed since all sources will have to comply with 20% opacity limit, except hog fuel boilers during grate cleaning and soot blowing

done

208

0010(8)

200

200-0020(97)

Move definition of “odor” to division 200

Same as division 240 definition so move to division 200

done

208

0010(12)

200

0020(159)

Delete definition of “standard conditions” and move to division 200

Definition different from division 240 but same as division 226 and 228. Use division 240 definition and move to division 200

done

208

0010(13)

200

0020(42)

Delete definition of “standard cubic foot” and use definition of “dry standard cubic foot” from division 240 and move to division 200

Definition different from division 236 and 240 but same as 228.

done

208

0100

NA

NA

Add exemption for fugitive emissions from opacity limits.

See the explanation below about changes to OAR 340-208-0210 for regulating visible emissions from fugitive sources.

done

208

0110(1) and (2)

208

0110(1)

Delete 40% opacity limit and make a provision for soot blowing and grate cleaning:

“No person may emit or allow to be emitted any air contaminant into the atmosphere from any air contaminant stack or emission point that equals or exceeds 20% opacity as a six-minute average except as allowed in section (2).”

DEQ is proposing the changes for the following reasons:

•  Some of the affected sources will probably have to reduce emissions anyway due to future regulations, such as the Boiler and Industrial furnace MACT.

•  Having two standards creates an unequal playing field for industry; especially since new sources can be as much as 40 years old.

•  More and more areas of the state are special control areas due to population increases.

•  EPA’s adoption of a new PM_2.5 24-hour NAAQS has resulted in 2 nonattainment areas, with a third meeting the definition but not legally designated as such. This proposed rule change will reduce opacity in all areas and will help prevent future problems.

•  Phased compliance will give sources that cannot meet the new standards time to comply.

208

0110(1)

NA

NA

Change “source” to “stack or emission point”

“Stack or emission point” are not defined but are used in divisions 234 and 240 for veneer dryers. Each stack or emission point (vent or stack or door opening where emissions come from) should have an opacity limit and should not be averaged. The pulp mill rule says “stack” rather than source.

done

208

0110(1) and (2)

208

0110(1)

Make the 20% limit applicable to all non-fugitive sources in the state. Change limit to a 6-minute average instead of a 3-minute aggregate.

DEQ is proposing the change because of the following reasons:

•  An opacity standard based on a 6-minute average is no more or less stringent than a standard based on an aggregate of 3 minutes in any hour. Theoretically, either basis could be more stringent than the other, but practically, sources do not typically have intermittent puffs of smoke. If there is an upset that lasts longer than 3 minutes, it usually lasts longer than 6 minutes, as well.

•  Other reasons for changing to a 6 minute average include:

◦  A reference compliance method has not been developed for the 3 minute standard.

◦  EPA method 9 results are reported as 6-minute averages.

◦  The 3-minute standard adds more cost to data acquisition systems for continuous opacity monitoring systems. Many of the COMS are designed for 6-minute averages, so they have to be modified to record and report data for the 3-minute standard.

◦  Compliance with a 6 minute average can be determined with 24 readings (6-minute observation period); whereas, compliance with the 3-minute standard may require as many as 240 readings (60 minute observation period). In addition, it is DEQ’s policy that the inspector observes the source for at least 6 minutes before making a compliance determination.

done

208

0110(2)

NA

NA

Add exemption for wood-fired boilers constructed or installed prior to June 1, 1970 and not modified since that time:

“For wood fired boilers that were constructed or installed prior to June 1, 1970 and not modified since that time, visible emissions during grate cleaning or soot blowing operations must not equal or exceed 40% opacity as a six minute average.”

These wood-fired boilers cannot meet 20% opacity during grate cleaning or soot blowing so a provision was added to allow 40% during these times

done

NA

NA

208

0110(2)(a)

Add exception for wood-fired boilers to allow 40% opacity during grate cleaning or soot blowing operations as long as these activities are conducted in accordance with a grate cleaning or soot blowing plan approved by DEQ by September 30, 2014.

This provision will ensure that sources minimize emission during grate cleaning or soot blowing

done

NA

NA

208

0110(2)(b)

Add provision for wood-fired boilers that are allowed 40% opacity during grate cleaning or soot blowing operations to develop a grate cleaning or soot blowing plan and submit it to DEQ for approval by September 1, 2014.

This provision will ensure that sources minimize emission during grate cleaning or soot blowing

done

208

0110(3)

NA

NA

Add a reference method for determining compliance with the opacity limit and provision for continuous opacity monitoring systems installed and operated in accordance with DEQ’s Continuous Monitoring Manual

This provision will ensure that sources will know what method should be used to determine compliance with the opacity limit.

done

NA

NA

208

0110(4)

Add a deferral (3 years) until January 31, 2016 for compliance for sources that were installed, constructed, or modified before June 1, 1970 and are located outside special control areas and were subject to the 40 percent opacity limits.

This compliance date coincides with the Boiler NESHAP and gives existing sources time to add control equipment or make any other physical changes

208

0200

NA

NA

Make the fugitive emission requirements applicable statewide to replace the opacity standards.

Fugitive emissions should be controlled statewide

done

208

0210(1)

NA

NA

Since the opacity standards will not apply to fugitive emission sources, work practice standards will be used instead to abate fugitive emissions.

The Department has clarified that fugitive emissions must be abated upon order, rather than the subjective determination of a nuisance or trying to read opacity to comply with an opacity limit.

done

NA

NA

208

0210(2)

Add a definition for particulate fugitive emissions

This clarifies what fugitive emissions entail

done

NA

NA

208

0210(3)

Add EPA Method 22 as the reference method

A test method should always be specified with each standard in order to be able to show compliance

done

208

0210(2)(b)

208

0210(4)(b)

Delete “asphalt, oil,” from the reasonable precautions to prevent particulate matter from becoming airborne

DEQ discourages the use of asphalt and oil as dust suppressants because of the negative environmental impact on other media.

done

NA

NA

208

0210(5)

Add requirement for fugitive emission control plan if requested by DEQ

This requirement will help address issues if fugitive emissions escape the property boundary

done

208

0450

NA

NA

Change “emission” to “deposition”

Particulate matter larger than 250 microns is deposited on property, not emitted

done

208

0450

NA

NA

Delete “ sufficient duration” and “quantity” from fallout and add cross reference to AOT 340-202-0110 Particle Fallout which helps define duration and quantity

Limits for particle fallout are specified in division 202.

done

208

0500

NA

NA

Repeal “Application”

DEQ proposes to repeal OAR 340-208-0550 through 630 because these rules have limited applicability and because other rules make this rule largely redundant.

208

0510

NA

NA

Repeal “Exclusions”

The exclusions from the 4-county rules when specific industrial standards apply and for domestic residences are no longer necessary.

done

208

0550

NA

NA

MOVE “Odor Control Measures”

Move to nuisance rules? CHECK WITH ANDY ON THIS ONE FOR ODOR CONTROL BEFORE PUBLIC NOTICE

208

0570

NA

NA

Repeal “Ships”

The requirements for visible emissions, particulate matter size and minimizing soot emissions are impossible for DEQ to enforce.

done

208

0590

NA

NA

Repeal “Emission Standards – General

The preclusion from compliance with any other applicable standard in addition to compliance with the 4-county rules is no longer necessary.

done

208

0600

NA

NA

Repeal “Visible Air Contaminant Standards”

DEQ is changing to a 6-minute averaging time for all opacity standards.

done

209

Public Participation

None

209

0050(1)

NA

NA

Add provision for public notice by email

Most people receive notices by email, which is cheaper and easier to use than mail. A few people are still on DEQ’s list to receive hard copies of public notices.

done

209

0070(1)(c)(B)

NA

NA

Add “answer questions”

DEQ answers questions from the public during informational meetings, in addition to accepting comments

done

210

Stationary Source Notification Requirements

None

210

0020

NA

NA

Add division 204 as another division that has definitions that would apply to this division

Add reference to division 204 definitions

done

210

0205(1)(a)

NA

NA

Add “not otherwise required to obtain a permit under OAR 340, division 216. Sources that are required to submit a permit application are not required to submit a Notice of Construction application;”

Clarification for new sources that are not required to submit a Notice of Construction application

done

210

0205(1)(b)

NA

NA

Add “(b) Modifications at existing sources that have permits under OAR 340 division 216 or 218;”

Clarification for modifications at existing sources that are required to submit a Notice of Construction application

done

210

0205(2)(c)

NA

NA

Add “ed” to limit

Correction

done

210

0205(2)(d)

NA

NA

Change wording to “unless they are subject to NESHAP or NSPS requirements.”

Clarification

done

210

0205(3)

NA

NA

Add “As used in OAR-340-210-200 through 340-210-0250, “stationary source” means any device or process that emits air contaminants and “source” means the combination of all stationary sources that make up a source.”

Clarification. “Stationary source” as used in this definition has a different meaning than “stationary source” used in other divisions.

done

210

0225(1)

NA

NA

Add “meets the criteria in subsections (a) through (f)”

Clarification

done

210

0225(1)(a) & (b)

NA

NA

Add “from the source”

Clarification. Emissions are from the source, not individual “stationary sources” for comparison to the netting basis and significant emission rate

done

210

0225(1)(a) & (c)

NA

Correct spelling of de minimis

Correction

done

210

0225(1)(c) & (2)(c)

NA

NA

Add “new, replacement, or modified” before stationary source and “(i.e., individual emission devices or processes)” after stationary source

Clarification. Emissions are from the stationary source for comparison to de minimis levels

done

210

0225(1)(f) and (2)(f)

NA

NA

Add requirement that changes that are required to obtain a permit under OAR 340 division 216 would not qualify as a Type 1 or Type 2 changes.

Corrects a problem regarding changes that otherwise qualify as a Type 1 change but should be required to obtain a permit under division 216. There have been instances when companies have replaced a NESHAP subject chrome plating line with entirely new equipment or have replaced the control device.  In each instance the associated emissions are well below the de minimis rate and the change meets the Type 1 criteria.  The review process in these instances is more complicated than for what Type 1 category was intended and therefore  a permit is required.

done

210

0225(2)

NA

NA

List requirements for Type 2 changes rather than reference changes in 0225(1)

Clarification

done

210

0225(3)(b)

NA

NA

Correct the cross reference to Division 222 and spell out NSR

OAR 340-222-0041(3)(b) was renumbered to 340-222-0041(3)(c)

done

210

0240(1)(d) [NOTE:]

Delete “[Note: In non-attainment areas and maintenance areas” and “. In attainment areas, Type 4 changes may be subject to OAR 340-224-0070, Prevention of Significant Deterioration, only if the source would be a federal major source after making the change.]”

Put the language in the rule, rather than a note. Clarify that Type 4 changes may also be subject to division 224, New Source Review.

done

212

Stationary Source Testing and Monitoring

•  

212

all

NA

NA

Bold Source Sampling Manual, Continuous Monitoring Manual and CFR references

correction

done

212

0010

NA

NA

Add division 204 as another division that has definitions that would apply to this division

Add reference to division 204 definitions

done

212

0120(3)

NA

NA

Update Source Sampling Manual and Continuous Monitoring Manual

The Source Sampling Manual (1992) and the Continuous Monitoring Manual (1992) have been updated to reflect current methods and procedures.

212

0130(1)

NA

NA

Update CFR dates

Update

done

212

0130(2)(c)

NA

NA

Add “Major” to New Source Review and add cross reference to OAR 340 division 224

DEQ has added rules for minor new source review in this division so the distinction between major and minor new source review must be made

done

212

0140(1)

NA

NA

Update Source Sampling Manual

The Source Sampling Manual (1992) has been updated to reflect current methods and procedures.

212

0140(3)(b)(A)

NA

NA

Update Source Sampling Manual

The Source Sampling Manual (1992) has been updated to reflect current methods and procedures.

212

0200(2)(a)(E)

NA

NA

Update CFR date

Update

done

212

0200 (2)(b) and (2)(b)(A)

NA

NA

Update CFR date

Update

done

212

0210(4)(b)(A) through (E)

NA

NA

Update CFR date

Update

done

212

0220 (2)(c)

NA

NA

Update CFR date

Update

done

212

0280(1)

NA

NA

Correct spelling of complying

correction

done

214

Stationary Source Reporting Requirements

200

0020(3)(d)

214

0210(1)(c)(A)

Move the definition of actual emissions for emission statements to division 214

The part of the definition of actual emissions for emission statements should be included in the rules for emission statements

done

214

0350(2)

NA

NA

Add “Whether any federal New Source Performance Standard or National Emission Standard for Hazardous Air Pollutants apply and whether the excess emission event caused a violation of the federal standard;”

Add this provision to the criteria for determining whether to take enforcement action for excess emissions

done

214

0410(2)

NA

NA

Delete “or until the first control period under the Western Backstop Sulfur Dioxide Trading Program as established in 340-228-0510(1)(a), whichever is earlier”.

The Western Backstop Sulfur Dioxide Trading Program rules are being repealed. DEQ is using the federal regional haze rules instead.

216

Air Contaminant Discharge Permits
[Table 1 and Table 2]

216

0020

NA

NA

Add table names

Clarification

done

216

0020(1)

NA

NA

Add “More than one category in Table 1 may apply to a source”

Clarification. If a source finds their source category in Table 1, they may quit looking and not realize that another source category also applies to them.

done

216

0020(1)(a) & (b)

NA

NA

Change “Authority” to “Agency”

Correction

done

216

0030

NA

NA

Add Division 204 as another division that has definitions that would apply to this division

Add reference to Division 204 definitions

done

216

0030

200

0020(89)

Move the definition of “modified permit” to division 200 and reference definition of “permit modification” already in division 200

“Permit Modification” is already defined in division 200: (90) "Permit modification" means a permit revision that meets the applicable requirements of OAR 340 division 216, 340 division 224, or 340-218-0160 through 340-218-0180

done

216

0040(5)

NA

NA

Require submittal of application at least 180 days before a permit or modified permit is needed rather than 60 days.

Earlier application submittals should help DEQ with permit issuance timeliness.

done

216

0054(1)

NA

NA

Add “unexpected or” before emergency and “activity” after emergency

216-0025 allows for short term activity ACDPs for unexpected or emergency activities, operations, or emissions. This change makes 215-0054 consistent with 216-0025.

done

216

0060(4)

NA

NA

Change to “Rescission. DEQ may rescind an individual source's assignment to a General ACDP if the source no longer meets the requirements of the permit. The source must submit an application for a Simple or Standard permit upon notification by DEQ of its intent to rescind the general ACDP. Upon issuance of the Simple or Standard permit, DEQ will rescind a source's assignment to a General ACDP.”

Clarify the language for rescission of a General ACDP and add a requirement that the source must apply for a Simple or Standard permit upon notification of rescission. If the source no longer qualifies for the general permit because of violations, provide a simple way to cancel the general permit and require a simple or standard permit. 

done

216

0064(3)(a)(A)

NA

NA

Delete “(category 27. Electric Power Generation, may be included with any category listed below).” Include it only with categories 13 and 85 and make a separate category for it.

Category 25 electrical power generators and their relationship to simple-low fee sources and permitting was discussed by regional managers.  The current rule wording is unclear as to their categorization and due to this wording there is the actual or potential issue of regional inconsistency in assigning to the proper permit category. 

done

216

0064(4)(d)

NA

NA

Change the permit duration of a simple permit from 5 to ?? years

Do we want to do this?

NA

NA

216

0082(2)(e)

Add “(e) Failure to commence construction within the second extension period under a permit issued in accordance with OAR 340-224-0010 through 340-224-0199.”

Add a provision for automatic termination if a source fails to commence construction within the second extension permit issued under Major New Source Review. DEQ will not grant three extensions and will instead require a new NSR/PSD application.

done

216

0090

NA

NA

Add “ keep a copy of the permit onsite”

Having the permit on site and monitoring and record-keeping conditions all exist to ensure the permittee is meeting the “rules and standards adopted by the Commission.”

done

216

Table 1

NA

NA

Add “The following source categories must obtain a permit. More than one source category in Table 1 may apply to a source. If more than one source category in Table 1 applies to a source, the highest level of permit specified in Part A, B, or C is required.”

Clarification

done

216

Table 1 Part B 1.

NA

NA

Add “subject to RACT as regulated by division 232”

Clarification

done

216

Table 1 Part B 7.

NA

NA

Add “Manufacturing”

Clarification

done

216

Table 1 Part B 11.

NA

NA

Add “Lead-Acid”

Clarification

done

216

Table 1 Part B 13.

NA

NA

Change “over 10 MMBTU/hr heat input” to “with a combined heat input greater than”

Clarification

done

216

Table 1 Part B 13.

NA

NA

Change to “Boilers and other Fuel Burning Equipment equal to or greater than 10 MMBTU/hour heat input each, except exclusively Natural Gas and Propane fired boilers (with or without #2 diesel backup) less than 30 MMBTU/hour each. “

Clarification

done

216

Table 1 Part B 14.

NA

NA

Capitalize “paper”

Correction

done

216

Table 1 Part B 16.

NA

NA

Add “subject to RACT as regulated by division 232” to Can or Drum Coating

Clarification

done

216

Table 1 Part B 20.

NA

NA

Change “Alkalies” to “Alkali”

Correction

done

216

Table 1 Part B 21.

NA

NA

Add “and Anodizing subject to a NESHAP”

Clarification. Some chrome plating is not subject to a NESHAP and we don’t want to permit them.

done

216

Table 1 Part B 27.

NA

NA

Change to “Stationary Electrical Power Generation from combustion, with a combined electrical output of 500 horsepower or more, excluding emergency generators and firewater pumps “

Clarification. RICE NESHAP requires semi-annual or annual testing for engines greater than 500 hp (375 kW) so these sources need to be on a permit.

done

216

Table 1 Part B 28.

NA

NA

Add “Stationary emergency generators and firewater pumps that meet either of the following criteria:

a. any individual emergency generator or firewater pump rated at 500 horsepower or more; or

b. combined potential plant site emissions of any criteria pollutant greater than 10 tons per year based on a minimum of 100 hours of operation per year for each emergency generator or firewater pump”

Emergency generators over a certain size (or combined size) need to get permit because of potential emissions

done

216

Table 1 Part B 29.

NA

NA

Add “Stationary reciprocating internal combustion engines used to power pumps or compressors less than 500 horsepower, excluding emergency generators and firewater pumps.”

____________

done

216

Table 1 Part B 31.

216

Table 1 Part B XX

Add “as regulated by division 232” to flexographic or rotogravure printing

Clarification

216

Table 1 Part B 34.

216

Table 1 Part B XX

Change to “Bulk Gasoline Plants, Bulk Gasoline Terminals, and Pipeline Facilities

Clarification

216

Table 1Part B 37 and 38.

NA

NA

Delete the “Applies only to Special Control Areas” footnote from grain elevators in category 37 and delete category 38 Grain terminal elevators.

All grain elevators with 10,000 tons/year throughput should be required to get a general permit. NEED TO SWITCH 3 CATEGORY 38 PERMITS OVER TO THE GENERAL PERMIT

done

216

Table 1Part B 45.

216

Table 1 Part B XX

Change “subject to OAR Division 232” to “subject to RACT as regulated by division 232” to liquid storage tanks

Clarification

done

216

Table 1Part B 48.

216

Table 1 Part B XX

Add “subject to RACT as regulated by division 232” to marine vessel petroleum loading and unloading

Clarification

done

216

Table 1Part B 50.

216

Table 1 Part B XX

Add “manufacturing” to millwork

Clarification

done

216

Table 1Part B 51.

NA

NA

Add “manufacturing” to molded container

Clarification

done

216

Table 1Part B 60.

NA

NA

Add “subject to RACT as regulated by division 232” to paper or other substrate coating

Clarification

done

216

Table 1Part B 75.

NA

NA

Add “engines or flares” to internal combustion for sewage treatment facilities

Clarification

done

216

Table 1Part B 76.

NA

NA

Add “using thermal desorption and not exempted under ORS 465.315(3), or a performing party not under a DEQ oversight through a cleanup agreement” to soil remediation facilities

Some remedial actions are exempt from having to obtain permits. Under ORS 465.315(3):

Except as provided in subsection (4) of this section, the director may exempt the on-site portion of any removal or remedial action conducted under ORS 465.200 to 465.545 and 465.900 from any requirement of ORS 466.005 to 466.385 and ORS chapters 459, 468, 468A and 468B.

done

216

Table 1 Part B 78.

216

Table 1 Part B XX

Add “as regulated by division 232” to Surface Coating in Manufacturing subject to RACT

Clarification

done

216

Table 1 Part C 3.

NA

NA

Delete “baseline emission rate, or” from all sources electing to maintain the source’s baseline emission rate, or netting basis

Sources have a netting basis based on the baseline emission rate so “baseline emission rate” is Definition no longer needed

done

216

Table 1 Part C 4b.

NA

Change 10 tons/year actual emissions to “the significant emission rate for any pollutant” for sources that qualify for a simple ACDP rather than a standard ACDP

Correction. Sources that qualify for simple ACDPs can have Generic PSELs in them, which are 1 ton less than the SERs.

done

216

Table 1Part C 4b.

NA

NA

Part C: Activities and Sources

The following sources must obtain a Standard ACDP under the procedures set forth in 340-216-0066:

4. All Sources subject to a RACT, BACT, LAER, NESHAP adopted in OAR 340-244-0220, NSPS, State MACT, or other significant Air Quality regulation(s), except:

b. Sources with less than 10 tons/yr. actual emissions that are subject to RACT, NSPS or a NESHAP adopted in OAR 340-244-0220 which qualify for a Simple ACDP.

As I mentioned the other day, there’s an issue we currently have in Table 1 Part C that identifies criteria for distinguishing Simple ACDP’s from Standard ACDP’s that I think needs to be reconsidered and revised. Part C: item 4.b. requires all sources subject to a RACT, BACT, LAER, NESHAP, NSPS, State MACT, or other significant Air Quality regulation, with > 10 tons/yr. actual emissions have a Standard ACDP (unless exempted elsewhere - see below). The history of this criteria, as best I can determine, is that it represents the old Minimal Source ACDP threshold of ancient DEQ rules. The problem this presents us is that all of our regional offices likely have sources operating with Simple permits that actually should have Standard permits under this requirement. This is especially true now with the advent of the area source NESHAPs for which many of our sources are now subject. I suggest that we cut this requirement from the rule and make the Simple/Standard applicability distinction based on IMD or policy statement.

216

Table 1 Part C, 4d.

NA

NA

Add “stationary” to electrical power generation and change 500 kW to 500 horsepower

Clarification. RICE NESHAP requires semi-annual or annual testing for engines greater than 500 hp (375 kW) so these sources need to be on a permit.

done

NA

NA

216

Table 1 Part C, 4e.

Add “Stationary reciprocating internal combustion engines used to power pump or compressors less than 500 horsepower.”

Exempt engines that run pumps or compressors similar to electrical emergency generators

done

NA

NA

216

Table 1 Part C, 4m.

Add “Boilers and other fuel burning equipment less than or equal to 10 MMBTU/hr. heat input.”

These sources should be exempt from getting a standard ACDP because the current permitting threshold for boilers is 10 MMBtu/hr. Adopting the area source boiler NESHAP will pull solid and liquid fuel fired boilers < 10 MMBtu/hr into the permitting program, unless we add an exemption. The boilers < 10 MMBtu/hr only have to be tuned-up, so it doesn't make sense to permit them. Keep the same permitting threshold for boilers and may register smaller boilers in the future, as the rules already allow.

done

216

Table 1 Part C, 6

NA

Change regulated air “contaminant” to regulated air “pollutant”

Regulated air contaminant is not defined

done

216

Table 1 Part C, 6, 7, and 8

NA

Do not capitalize potential to emit

correction

done

218

Oregon Title V Operating Permits

218

0030

NA

NA

Add Division 204 as another division that has definitions that would apply to this division

Add reference to division 204 definitions

done

218

0040(1)(a)(F)

NA

NA

Delete “through 0180”

Correction. OAR 340-244-0110 is now the only rule that applies to early reductions of HAPs

done

218

0040(3)(c)(A)

NA

NA

Change 340-224-0040 to 340-244-0040

Correction

done

218

0040(3)(c)(C)

NA

NA

Change 340-222-0070 to 340-222-0035 (6) and (7), and 340-224-0025(1)(b)(A)

Provisions for emissions from insignificant activities were moved in division 222. CAN THIS BE WORDED SOME OTHER WAY RATHER THAN POINTING TO ALL THESE RULES?

done

218

0040(3)(c)(C)

NA

NA

Delete hyphen from require-ment

Correction

done

218

0040(3)(o)(D)

NA

NA

Delete reference to “enhanced monitoring” protocols and change to compliance assurance monitoring

There are no enhanced monitoring protocols, only compliance assurance monitoring protocols

done

218

0040(4)(a)(A)

NA

NA

Change date of Continuous Monitoring Manual

The Continuous Monitoring Manual has been updated.

done

218

0040(4)(a)(B)

NA

NA

Change date of Source Sampling Manual

The Source Sampling Manual has been updated.

done

218

0050(3)(a)(C)

NA

NA

Change date of Continuous Monitoring Manual and Source Sampling Manual

The documents have been updated.

done

218

0050(6)(a)

NA

NA

Add a requirement to keep a copy of the permit onsite

Having the permit on site and monitoring and record-keeping conditions all exist to ensure the permittee is meeting the “rules and standards adopted by the Commission.”

done

218

0090(XX)

NA

NA

Allow us to include area source NESHAP general permit attachments to TV permits

218

0150(1)(h)

NA

NA

Correct 340-0210-250 to 340-210-0250

correction

done

218

0210(1)

NA

NA

Add “with” to in accordance the procedures

correction

done

220

Oregon Title V Operating Permit Fees

220

0020

NA

Add Division 204 as another division that has definitions that would apply to this division

Add reference to Division 204 definitions

ANDREA?

220

200-0020(3)(d)

0120(1)

Move the definition of actual emissions for Title V operating permit fees to division 220

The part of the definition of actual emissions for Title V operating permit fees should be included in the rules for Title V operating permit fees.

ANDREA?

220

200-0020(3)(e)

0120(2)

Move the method of measuring actual emissions for Title V operating permit fees to division 220

The part of the definition of actual emissions for Title V operating permit fees should be included in the rules for Title V operating permit fees

ANDREA?

222

Stationary Source Plant Site Emission Limits

222

0020(1)

NA

NA

Change rule citations for insignificant activities since these rules were moved

correction

done

222

0020(3)(c)

NA

NA

Reference CFRs Early Reduction High Risk and Accidental Release Substances

Tables 2 and 3 in Division 244 are being removed so the CFRs should be referenced instead.

done

222

0020(3)(c) and (d)

NA

NA

Include “unless listed in Table 2 OAR 340-200-8010”

Some hazardous air pollutants have SERs in Table 2 OAR 340-20-8010 that require PSELs. This is consistent with the netting basis.

done

222

0020(3)(d)

NA

NA

Exclude toxic air pollutants in division 246 unless listed in Table 2 OAR 340-200-8010

Some air toxics have SERs in Table 2 OAR 340-20-8010 that require PSELs This is consistent with the netting basis.

done

222

0020(4)

NA

NA

Add “or source specific PSELs set at the generic PSEL levels, or may be set at source specific levels.

(a) A source with a generic PSEL cannot maintain a netting basis for that pollutant.

(b) A source with a source specific PSEL that is set at the generic PSEL level may maintain a netting basis for that pollutant.”

Clarification. PSELs can be Generic PSELs or they can be set at the same levels as the Generic PSEL but not be a Generic PSEL. Clarify when netting basis can or cannot be maintained with generic or generic level PSELs.

done

222

0030

NA

NA

Add division 204 as another division that has definitions that would apply to this division

Add reference to division 204 definitions

done

222

0043(1), (2), and (3)

222

0035(1) & (2)

Move General Requirements for All PSELs from 222-0043 to 222-0035

Reorder

done

200

0200(76)(f)

222

0035(3)

Add “PSEL reductions required by rule, order or permit condition will be effective on the compliance date of the rule, order, or permit condition.”

This provision is from the definition of netting basis and applies to all PSELs.

done

222

0043(3)

222

0035(4)

Move “Annual PSELs are established on a rolling 12 consecutive month basis and will limit the source's potential to emit.”

This applies to all PSELs

done

222

0070(1)

222

0035(5)

Move requirements for categorically insignificant activities

This applies to all PSELs

done

222

0070(2)

222

0035(6)

Move requirements for aggregate insignificant activities

This applies to all PSELs

done

222

0040 and 0041

NA

“Generic” should not be capitalized

correction

done

222

0041(2)

222

0041(3)

Add “”for that pollutant”

Clarification. The generic PSEL is pollutant specific.

done

222

0041(1)

NA

NA

Delete “an initial”

The source specific PSEL that is set equal to the generic PSEL level doesn’t necessarily need to be the “initial” source specific PSEL

done

222

0041(2)

NA

NA

Add a provision that the source specific PSEL could be set to a level requested by the applicant

Sources can request a PSEL set at a level different than the potential to emit or the netting basis

done

222

0041(2)

NA

NA

Add an exception for setting the source specific PSEL for PM2.5 in section (3)

The source specific PSEL for PM2.5 is the PM2.5 fraction of the PM10 PSEL.

done

222

0041(2)

NA

NA

Add an exception for increasing in the PSEL in section (4)

Sources can request a PSEL greater than the netting basis in accordance with OAR 340-222-0041(4).

done

222

0041(2)

NA

NA

Add an exception for OAR 340-222-0046(3)(e)

What is this cross reference supposed to be??? Delete if we can’t figure it out.

200

0020(76)(b) & (b)(A)

222

0041(3)

Add the provision for establishing the source specific annual PSEL for PM2.5 that was in the netting basis definition.

This will move procedural requirements from the definitions

done

NA

NA

222

0041(3)(a)

Add “(a) Any source with a permit in effect on May 1, 2011 is eligible for an initial PM2.5 PSEL without being otherwise subject to OAR 340-222-0041(4) except as provided in OAR 340-224-0030(2)(a)(C).”

Sources with permits in effect on May 1, 2011 get an initial PM2.5 PSEL based on the PM2.5 fraction of the PM10 PSEL are not required to do any modeling or go through NSR/PSD as required in OAR 340-222-0041(4) if the PM2.5 PSEL is greater than an SER over the PM2.5 netting basis. The exception is if a source needs a third extension of an NSR/PSD permit under OAR 340-224-0030(2)(a)(C). A new application would be required since DEQ does not grant three extensions and that would require a whole analysis of PM2.5. PM2.5 protected under first 2 extensions of an NSR/PSD permit.

done

NA

NA

222

0041(3)(b)

Add “(b) For a source that had a permit in effect on May 1, 2011 but later needs to correct its PM10 PSEL that was in effect on May 1, 2011, due to better information, the corrected PM10 PSEL will be used to correct the initial PM2.5 PSEL.”

Clarification. If the PM10 PSEL was incorrect, it should be corrected before setting the PM2.5 PSEL based on the PM2.5 fraction of the PM10 PSEL. This is a one-time correction only for the initial PSEL and netting basis.

done

200

0020(76)(b)(A)

222

0041(3)(c)

Add “(c) If after establishing the initial PSEL for PM2.5 in accordance with this rule and establishing the initial PM2.5 netting basis in accordance with OAR 340-222-0046, the PSEL is more than nine tons above the netting basis, any future increase in the PSEL for any reason would be subject to OAR 340-222-0041(4).”

Initially PM2.5 PSELs will be exempt from triggering ambient air quality modeling or NSR/PSD because DEQ did not want a source to trigger any new requirements if it was not making any modifications or production increases when PM2.5 was added as a regulated pollutant. If the PM2.5 PSEL is more than 9 tons above the netting basis, then any future increase will trigger modeling or NSR/PSD.

done

222

0041(3)

222

0041(4)

Clarify language if the source is requesting an increase in the PSEL

Clarification

done

222

0041(3)(a)

222

0041(4)(a)

Clarify that if the source is requesting an increase in the PSEL, it must be less than or equal to the SER above the netting basis or (b) or (c)

Clarification

done

222

0041(3)(b)

222

0041(4)(b)

Clarify that if the source is requesting an increase in the PSEL and it is greater than the SER over the netting basis, the source must meet the applicable requirements of OAR 340-224-0010 through 224-0070, Major New Source Review

Clarification

done

NA

NA

222

0041(4)(c)

Add “(c) For a PSEL increase that is equal to or greater than the SER over the netting basis, and is not subject to Major New Source Review, the applicant must meet the applicable requirements of OAR 340-224-0010 and OAR 340-224-200 through 224-0270 (Minor New Source Review),”

If a PSEL is greater than the SER over the netting basis and the increase is not subject to Major New Source Review, then the applicant must meet the requirements of Minor New Source Review.

done

NA

NA

222

0041(5)

Add a provision for not adjusting the source specific PSEL if the netting basis is adjusted in accordance with OAR 340-222-0050(3).

Clarification

done

222

0041(3)(b)(A)

224

0250

Move to division 224

The requirements for Minor NSR in nonattainment areas are now in 340-224-0250. SEE SEPARATE DOCUMENT.

done

222

0041(3)(b)(B)

224

0260

Move to division 224

The requirements for Minor NSR in maintenance areas are now in 340-224-0260. SEE SEPARATE DOCUMENT.

done

222

0041(3)(b)(C)

224

0270

Move to division 224

The requirements for Minor NSR in attainment or unclassified areas are now in 340-224-0260. SEE SEPARATE DOCUMENT.

done

222

0041(3)(b)(D)

224

0250(2)(a)

0260(2)(a)(C)

0270(1)(c)

Move to division 224

The requirement for demonstrating compliance with AQRV protection are in OAR 340-224-0250 for nonattainment areas, OAR 340-224-0260 for maintenance areas, and OAR 340-224-0270 for attainment and unclassified areas.

done

222

0041(3)(c)

224

0010

Move to division 224

The requirements for New Source Review are in division 224

done

222

0042(1)

NA

NA

Add “an” to established short term SER

correction

done

222

0042(1)(a) & (a)(A)

NA

NA

Restructure by adding “new and” to existing sources and “with potential to emit less than the short term SER, an initial short term PSEL will be set equal to the level of the short term generic PSEL”

Clarification

done

222

0042(1)(a)(B)

222

0042(1)(b)

Delete “the generic PSEL, if either the short term capacity or the current short term PSEL is less than the short term SER.”

There are no generic short term PSELs THERE IS A GENERIC PM10/PM2.5 PSEL FOR MEDFORD 49 LBS/DAY

done

222

0042(1)(b)

222

0042(1)(c)

Add “with potential to emit greater than or equal to the short term SER” and “set at the level requested by the applicant provided the applicant meets the requirements of (2)(b)”

Sources can request a short term PSEL at a level greater than or equal to the short term SER if they follow the correct procedures in (2)(b)

done

222

0042(2)

NA

NA

Change “If an applicant wants a short term PSEL at a rate greater than the initial short term PSEL, the applicant must” to “If an applicant requests an increase in a short term PSEL, the applicant must satisfy subsection (a) or (b) as applicable”

Clarification

done

222

0042(2)(a)

NA

NA

Change “Demonstrate that the requested increase over the initial short term PSEL is less than the significant emission rate (Note: In this case new sources would get a generic PSEL); or” to “Demonstrate that the requested short term PSEL is not equal to or greater than the significant emission rate; or”

Clarification. The Note is not necessary.

done

222

0042(2)(b)

NA

NA

Change to “For increases equal to or greater than the SER over the initial short term PSEL:” to “Meet the requirements of subsections (A) through (D) as applicable for a PSEL increase that is equal to or greater than the SER:”

Clarification and restructure

done

222

0042(2)(b)(A)

NA

NA

Change “Obtain offsets and demonstrate a net air quality benefit in accordance with OAR 340-225-0090” to “Obtain offsets in accordance with the offset provisions for the designated area as specified in division 224”

The Requirements for Demonstrating a Net Air Quality Benefit are being moved to division 224 because they are requirements for NSR/PSD. They are not air quality analysis requirements. SEE SEPARATE DOCUMENT.

done

222

0042(2)(b)(D)

NA

NA

Delete (D) For federal major sources, demonstrate compliance with air quality related values (AQRV) protection in accordance with OAR 340-225-0070.

The annual PSEL should be the driver for this AQRV requirement, not short term PSEL because it is a PSD provision.

done

NA

NA

222

0042(2)(b)(D)

Add “For satisfying the requirements of (A) or (B), the short term PSEL increase must first be converted to an annual increase by multiplying the short term increase by 8,760 hours, 365 days, or 12 months, depending on the term of the short term PSEL.”

Offsets for short term PSEL increases need to be in terms of tons per year.

done

222

0042(3)

NA

NA

Change “Once the short term PSEL is increased pursuant to section (2) of this rule, the increased level becomes the initial short term PSEL for future evaluations.” to “Once the short term PSEL is increased pursuant to section (2) of this rule, the increased level becomes the basis for evaluating future increases in the short term PSEL.”

Clarification

done

200

0020(76)

222

0046

Move rules about establishing the netting basis from the definition to the PSEL rule

This will move procedural requirements from the definitions

done

200

0020(76)(a)

222

0046(1)

Move from division 200 definition of netting basis. Add “those” and delete “as specified in the definition of regulated pollutant”

Clarification. Division 224 defines what pollutants are regulated.

done

200

0020(76)(b)

222

0046(1)(a)

Move from division 200 definition of netting basis

Move without changes

done

200

0020(76)(c)

222

0046(1)(b)

Move from division 200 definition of netting basis. Delete “and PSEL”

This rule is for netting basis, not the PSEL

done

NA

NA

222

0046(2)

Add “(2) The netting basis is determined as specified in subsection (a), (b), or (c) and will be adjusted according to section (3):”

Clarification

done

200

0020(76)

222

0046(2)(a)

Move from division 200 definition of netting basis. Add exception for PM2.5.

There is no baseline emission rate for PM2.5

done

200

0020(76)(b)(A)

222

0046(2)(b)

Move from division 200 definition of netting basis. Change to "For PM2.5, a source’s initial netting basis is equal to the PM2.5 fraction of the PM10 PSEL in effect on May 1, 2011 times the netting basis in effect on May 1, 2011. The initial netting basis may be increased by up to 5 tons if necessary to avoid exceedance of the PM2.5 significant emission rate.”

Clarification

done

222

0035??

Add a provision for when the PM _2.5 true-up does not apply and the PM_2.5 PSEL is greater than the PM_2.5 netting basis by more than the significant emission rate of 10 tons/year, DEQ shall determine whether:

•  the PM_2.5 emissions correction would not have a material impact on air quality, or

•  the source is willing to commit to enforceable conditions (i.e., offsets from other point sources, offsets from area sources such as woodstove change-outs, etc.) to ensure that the PM_2.5 emissions correction would not have a material impact on air quality.

Done

200

0020(76)(b)(B)

222

0046(2)(b)(A)

Change to “(A) Any source with a permit in effect on May 1, 2011 is eligible for a PM2.5 netting basis without being otherwise subject to OAR 340-222-0041(4) unless required by OAR 340-224-0030(2)(a)(C).”

Clarification. Initially PM2.5 PSELs will be exempt from triggering ambient air quality modeling or NSR/PSD because DEQ did not want a source to trigger any new requirements if it was not making any modifications or production increases when PM2.5 was added as a regulated pollutant. The exception is if a source needs a third extension of an NSR/PSD permit under OAR 340-224-0030(2)(a)(C). A new application would be required since DEQ does not grant three extensions and that would require a whole analysis of PM2.5. PM2.5 protected under first 2 extensions of an NSR/PSD permit.

NA

NA

NA

0046(2)(b)(B)

Add “(B) For a source that had a permit in effect on May 1, 2011 but later needs to correct its PM10 netting basis that was in effect on May 1, 2011, due to better information, the corrected PM10 netting basis will be used to correct the initial PM2.5 netting basis.”

After adding PM2.5 as a regulated pollutant, DEQ found that some PM10 netting bases required correction before they could be used to establish PM2.5 netting bases. DEQ wrote an Internal Management Directive addressing this situation and is now including it in the rule.

done

200

NA

NA

0046(2)(b)(B)(i)

Add “(i) Correction of a PM10 netting basis will not by itself trigger OAR 340-222-0041(4) for PM2.5.”

Clarification. Initially PM2.5 PSELs will be exempt from triggering ambient air quality modeling or NSR/PSD because DEQ did not want a source to trigger any new requirements if it was not making any modifications or production increases when PM2.5 was added as a regulated pollutant.

done

200

NA

NA

0046(2)(b)(B)(ii)

Add “(ii) Correction of a PM10 netting basis could result in further requirements for PM10 in accordance with all applicable regulations.”

Clarification. Correcting the PM10 netting basis could result in further requirements such as a different permit, modeling, or triggering NSR/PSD.

done

200

0020(76)(d)

222

0046(2)(c)

Move from division 200 definition of netting basis

Move without changes

done

200

0020(76)

222

0046(2)(c)(A)

Move from division 200 definition of netting basis. Add “Major” to New Source Review and add “except as provided in subsection (2)(b) for PM2.5”

Sources will be given a netting basis for PM2.5 without going through Major New Source Review if they had a netting basis for PM10.

done

200

0020(76)

222

0046(2)(c)(B)

Move from division 200 definition of netting basis

Move without changes

done

200

0020(76)

222

0046(2)(c)(C)

Move from division 200 definition of netting basis

Move without changes

done

200

0020(76)

222

0046(2)(c)(D)

Move from division 200 definition of netting basis

Move without changes

done

200

0020(76)

222

0046(3)

Move from division 200 definition of netting basis

Separate the ways that the netting basis can be adjusted from section (76)

done

200

0020(76)(f)

222

0046(3)(a)

Move from division 200 definition of netting basis . Change to “(a) The netting basis will be reduced by any emission reductions required by rule, order, or permit condition required by the SIP or used to avoid SIP requirements effective as of the effective date of the rule, order or permit condition;”

Correction. Add language about SIP which was previously omitted.

done

200

0020(76)(f)

222

0046(3)(a)(A)

Move from division 200 definition of netting basis. Change to “(A) The netting basis reduction only applies if the source is allowed, on the effective date of the rule, order or permit condition, to operate the devices or emissions units that are subject to the rule, order, or permit condition requiring emission reductions.”

Clarification

done

200

0020(76)

222

0046(3)(a)(B)

Add “(B) Emission reductions for the affected devices or emissions units will be determined consistent with the approach used to determine the netting basis prior to the regulatory action reducing the emissions. The emission reduction is the difference between the emissions calculated using the previous emission rate and the emission rate established by rule, order, or permit using appropriate conversion factors when necessary.”

Clarification. DEQ wrote an Internal Management Directive addressing this situation and is now including it in the rule.

done

200

0020(76)(h)

222

0046(3)(a)(C)

Move from division 200 definition of netting basis

Move without changes

done

NA

NA

222