A B C D E F G
1 Current Division Current Rule Proposed Division Proposed Rule Proposed Change Reason/Issue Status
2         IMDs?    
3         Compliance Assurance Agreement and the PPA NICOLE?  
4         ADD CFR DATE TO ALL RULES (JULY 1, 2013)    
5 ALL ALL   NA Replace “the Department” with “DEQ”   done
6 ALL ALL   NA Replace “the Commission” with “the EQC”   done
7 ALL ALL   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
8           Check WQ Division 41 for references to tables so we don’t have to submit tables each time: [ED. NOTE: Tables referenced are not included in rule text. Click here for PDF copy of table(s).] ??
9 200       General Air Pollution Procedures and Definitions    
10 200 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
11 200 0200(3)(a) – (c) 222 50 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
12 200 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
13 200 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
14 200 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
15 234 0020(5) 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
16 240 0030(3)
17 200 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
18 200 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
19 200 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
20 200 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
21 200 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
22 200 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
23 200 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
24 200 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
25 200 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
26 200 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
27 200 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
28 200 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
29 200 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
30 200 0020(20)(d) 200 0020(21)(d) Spell out hour and clarify that the requirement is for “each” piece of equipment Correction/clarification done
31 200 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
32 200 0020(25) 200 236-0010(6) Clarify “collection efficiency” definition Definition of collection efficiency same in division 236 and 240. Clarify and move to division 200. done
33       240-0030(5)      
34 200 0020(35) 200 232-0030(17) Add definition of “day” Move from division 232 done
35 200 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
36 200 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
37 200 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
38 200 0020(51) 236 0010(13) Add definition of “emission standards” Move from division 236 and clarify done
39 200 0020(54) 234 0010(15) 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
40     240 0030(12)      
41 200 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
43 200 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
44 200 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
45 200 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
46 200 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
47 200 NA 200 0020(62)(c)(B) Simplify wording for emission increases and decreases clarification done
48 200 NA 200 0020(63)(d) Add a heading for source categories clarification done
49 200 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
50 208 0010(4) 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
51 228 0020(4)          
52 240 0030(13)          
53 200 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
54 200 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
55 232 0030(31) 200 0020(71) Add definition of “hardboard” Definition of hardboard same in divisions 232, 234 and 240. Move to division 200 done
56 234 0010(18)          
57 240 0030(18)          
58 202 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
59 202 0010(6) 200 0020(74) Add definition of “Indian reservation” Used in division 200 and 204. Move to division 200. done
60 NA NA 200 0020(78) Add definition of “internal combustion source” clarification done
61 240 0030(24) 200 0020(80) Add definition of “liquefied petroleum gas” Move from division 240 done
62 200 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
63 200 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
64 200 0020(71) 224 25 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
66 200 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
67 200 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
70 234 0010(21) 200 0020(87) Add definition of “maximum opacity” Move from division 234 and 240 done
71 240 0030(23)          
72 216 0030(2) 200 0020(89) Add definition of “modified permit” Move from division 216. Modified permit has the same meaning as “permit modification” done
73 240 0030(26) 200 0020(91) Add definition of “natural gas” Move from division 240. This term is used throughout many divisions. done
74 200 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
75 200 0020(76) 222 46 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
76 204 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
77 208 0010(8) 200 0020(97) Add definition of “odor” Move from divisions 208 and 240 done
78 240 0030(28)          
79 200 0020(82) 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
80 240 0030(30)          
81 234 0010(27) 200 0020(105) Add definition of particleboard Move from divisions 234 and 240 done
82 240 0030(32)          
83 200 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
84 200 0020(94) 200 0020(112) Delete the definition of “person” and use the definition from division 232 The definition in division 232 is more comprehensive. done
85 232 0030(54)          
86 200 0020(95) 200 0020(113) Add “for fee purposes in division 220” to the definition of Plant Site Emission Limit Clarification done
87 200 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
88 200 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
89 200 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
90 200 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
91 200 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
92 202 0010(8) 200 0020(119) Add definition of “ppm” Move the definition from Division 202 to Division 200 done
94 234 0010(32) 200 0020(121) Add definition of “press/cooling vent” Move from division 234 and 240 done
95 240 0030(35)          
96 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
97 200 0020(106) 200 0020(127) Delete parentheses and capitalize name of table 2 in definition of “regulated air pollutant.” Add correction done
98 200 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
99 200 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
101 200 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
102 200 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
103 200 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
104 200 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
105 200 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
106 200 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
107 200 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
108 200 0020(138) 200 0020(138) Add date to Source Sampling Manual correction done
109 208 0010(12) 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
110 226 0010(5)          
111 228 0020(6)          
112 200 0020(142) 200 0020(163) Change Underpayment to lower case underpayment correction done
113 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
114 234 0010(45) 200 0020(172) Add definition of “veneer” Move from division 234 and 240 done
115 240 0030(39)          
116 240 0030(40) 200 0020(173) Add definition of “veneer dryer” Move from division 240  
117 200 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
118 234 0010(47) 200 0020(176) Add definition of “wood fired veneer dryer” Move from division 234. done
119 NA NA 200 0020(177) Add definition of “wood fuel-fired device” Term not defined and used in multiple divisions done
120 200 0025(81) NA NA Change the acronym from “PCDE” to “PCDCE” Correction. The term used is “pollution control device collection efficiency” done
121 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
123 200 40 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  
124 200 0040(3)(a) NA NA Change the date of the CFR update done
125 200 Tables     Change date of last EQC revision Correction done
126           DO THESE TABLES NEED RULE HISTORY??  
127 200 20 200 8000 Change title from Significant Air Quality Impact to Significant Impact Levels correction done
128   Table 1          
129 200 20 200 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
130   Table 1          
131 200 20 200 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
132   Table 2          
133 200 20 200 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
134   Table 3          
135 200 20 200 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
136   Table 4          
137 200 20 200 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
138   Table 5          
139 202       Ambient Air Quality Standards and PSD Increments    
140 202 10 NA NA Add Division 204 as another division that has definitions that would apply to this division Add reference to division 204 definitions done
141 202 0010(2) NA NA Delete definition of “ambient air monitoring site criteria” Definition not used in this division or any other division done
142 202 0010(4) NA NA Delete definition of “Baseline Concentration” Definition already in Division 225, delete and use definition in Division 225 done
143 202 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
144 202 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
145 202 0010(8) 200 0020(119) Move definition of “PPM” to division 200 Definition used in many divisions so move to division 200 done
146 202 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
147 202 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
148 224 0060(2)(c) and (d) 202 225 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
149 202 225 NA NA Change title of rule , use “Limits” instead of “Thresholds” Clarification done
150 202 210 202 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
151   Table 1          
152 202 210 202 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
153   Table 1          
154 202 210 202 8000 Delete footnote about PM2.5 Increments will become effective on October 20, 2011 No longer needed done
155   Table 1          
156 204       Designation of Air Quality Areas    
157 204 0010(1) 200 0025(5) Delete definition of “AQCR” Delete and use division 200 acronym done
158 204 0010(2) 200 0025(6) Delete definition of “AQMA” Delete and use division 200 acronym done
159 204 0010(3) 200 0025(23) Delete definition of “CO” Delete and use division 200 acronym done
160 204 0010(4) 200 0025(15) Delete definition of “CBD” Delete and use division 200 acronym done
161 204 0010(5) 200 0020(33) Delete definition of criteria pollutant. Delete and use division 200 definition done
162 204 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
163 204 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
164 204 0010(20) 200 0025(75) Delete definition of “O3” Delete and use division 200 acronym done
165 204 0010(22) 200 0020(106) Delete definition of “particulate matter” Delete and use division 200 definition done
166 204 0010(23) 200 0020(114) Delete definition of “PM10” Delete and use division 200 definition done
167 204 0010(24) 200 0020(115) Delete definition of “PM2.5” Delete and use division 200 definition done
168 204 0010(30) 200 0025(111) Delete definition of “UGB” Delete and use division 200 acronym done
169 204 0020(5)(j) NA NA Correct spelling of Wheeler County correction done
170 204 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
171 204 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
172 204 90 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. done
173           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.  
174 NA NA 204 300 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
175 NA NA 204 310 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
176 206       Air Pollution Emergencies None  
177 206 all NA NA Correct Division to lower case division correction done
178 206 10 NA NA Update CFR date Update done
179 206 20 NA NA Add division 204 as another division that has definitions that would apply to this division Add reference to division 204 definitions done
180 206 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
181 206 0050(2) NA NA Correct Emits to lower case emits correction done
182 208       Visible Emissions and Nuisance Requirements    
183 208 10 NA NA Add division 204 as another division that has definitions that would apply to this division Add reference to division 204 definitions done
184 208 0010(2) 200 0020(9) Delete definition of “air contaminant” and use definition in division 200 Already defined in division 200 done
185 208 0010(3) 200 0020(45) Delete definition of “emission” and use definition in division 200 Already defined in division 200 done
186 208 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
187 208 0010(5) 200 0020(66) Definition of “fugitive emissions” Delete and use definition in division 200 done
188 208 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
189 208 0010(8) 200 200-0020(97) Move definition of “odor” to division 200 Same as division 240 definition so move to division 200 done
190 208 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
191 208 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
192 208 100 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
193 208 0110(1) and (2) 208 0110(1) Delete 40% opacity limit and make a provision for soot blowing and grate cleaning: DEQ is proposing the changes for the following reasons:  
194         “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).” ·         Some of the affected sources will probably have to reduce emissions anyway due to future regulations, such as the Boiler and Industrial furnace MACT.  
195           ·         Having two standards creates an unequal playing field for industry; especially since new sources can be as much as 40 years old.  
196           ·         More and more areas of the state are special control areas due to population increases.  
197           ·         EPA’s adoption of a new PM2.5 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.  
198           ·         Phased compliance will give sources that cannot meet the new standards time to comply.  
199 208 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
200 208 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: done
201           ·         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.  
202           ·         Other reasons for changing to a 6 minute average include:  
203           o    A reference compliance method has not been developed for the 3 minute standard.  
204           o    EPA method 9 results are reported as 6-minute averages.  
205           o    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.  
206           o    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.  
207 208 0110(2) NA NA Add exemption for wood-fired boilers constructed or installed prior to June 1, 1970 and not modified since that time: 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
208         “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.”    
209 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
210 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
211 208 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
212 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  
213 208 200 NA NA Make the fugitive emission requirements applicable statewide to replace the opacity standards. Fugitive emissions should be controlled statewide done
214 208 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
215 NA NA 208 0210(2) Add a definition for particulate fugitive emissions This clarifies what fugitive emissions entail done
216 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
217 208 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
218 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
219 208 450 NA NA Change “emission” to “deposition” Particulate matter larger than 250 microns is deposited on property, not emitted done
220 208 450 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
221 208 500 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.  
223 208 510 NA NA Repeal “Exclusions” The exclusions from the 4-county rules when specific industrial standards apply and for domestic residences is no longer necessary. done
224 208 550 NA NA MOVE “Odor Control Measures” Move to nuisance rules? CHECK WITH ANDY ON THIS ONE FOR ODOR CONTROL BEFORE PUBLIC NOTICE  
225 208 570 NA NA Repeal “Ships” The requirements for visible emissions, particulate matter size and minimizing soot emissions are impossible for DEQ to enforce. done
226 208 590 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
227 208 600 NA NA Repeal “Visible Air Contaminant Standards” DEQ is changing to a 6-minute averaging time for all opacity standards. done
228 209       Public Participation None  
229 209 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
230 209 0070(1)(c)(B) NA NA Add “answer questions” DEQ answers questions from the public during informational meetings, in addition to accepting comments done
231 210       Stationary Source Notification Requirements None  
232 210 20 NA NA Add division 204 as another division that has definitions that would apply to this division Add reference to division 204 definitions done
233 210 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
235 210 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
237 210 0205(2)(c) NA NA Add “ed” to limit Correction done
238 210 0205(2)(d) NA NA Change wording to “unless they are subject to NESHAP or NSPS requirements.” Clarification done
239 210 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
240 210 0225(1) NA NA Add “meets the criteria in subsections (a) through (f)” Clarification done
241 210 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
242 210 0225(1)(a) & (c)   NA Correct spelling of de minimis Correction done
243 210 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
244 210 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
245 210 0225(2) NA NA List requirements for Type 2 changes rather than reference changes in 0225(1) Clarification done
246 210 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
247 210 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
248 212       Stationary Source Testing and Monitoring ·            
249 212 all     Bold Source Sampling Manual, Continuous Monitoring Manual and CFR references correction done
250 212 10   NA Add Division 204 as another division that has definitions that would apply to this division Add reference to Division 204 definitions done
251 212 0120(3)   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.  
252 212 130     Update CFR dates Update done
253 212 0130(2)(c)     Add minor for division 224? See rule language  
254 212 0140(1) and (3)(b)(A)     Update Source Sampling Manual: § 60.8 Performance tests. (b) Performance tests shall be conducted and data reduced in accordance with the test methods and procedures contained in each applicable subpart unless the Administrator (1) specifies or approves, in specific cases, the use of a reference method with minor changes in methodology, (2) approves the use of an equivalent method, (3) approves the use of an alternative method the results of which he has determined to be adequate for indicating whether a specific source is in compliance, (4) waives the requirement for performance tests because the owner or operator of a source has demonstrated by other means to the Administrator’s satisfaction that the affected facility is in compliance with the standard, or (5) approves shorter sampling times and smaller sample volumes when necessitated by process variables or other factors. Nothing in this paragraph shall be construed to abrogate the Administrator’s authority to require testing under section 114 of the Act. MARK B: I believe the manuals provide necessary guidance on how to do the testing/monitoring and what is expected (test plan requirements, report requirements, monitoring QA/QC, etc.).  Having the manuals referenced in rule is difficult to maintain when the manual needs to be updated on a regular basis (that is why it hasn’t been updated).  However, how do we specify the DEQ method in rule without referencing the manual?  Also, since EPA methods & monitoring requirements change, would an existing permittee need to revise their monitoring plan every time EPA edits their requirements, or would they be grandfathered?  
256           COORDINATE WITH ST COORDINATORS (RAI, MIKE EISLE, MARK LUDWICZAK)  
258           MARK F: My thinking is that we had language similar to 60.8 to Divisions 212.  That will specify the procedures and provide reference to the methods.  
259         SSM and CMM We really only have 2 unique test methods in Oregon. They are the wet bulb/dry bulb method for measuring stack moisture and the high volume particulate matter test. DEQ methods 5 and 7 are somewhat unique, but we could rely on EPA Method 5 and 202. For all other test methods, we rely on EPA reference methods. I wonder if we couldn't just add some of the general provisions from the Source Sampling Manual to Division 212 and incorporate 40 CFR 60.8 and appendices by reference. We could retain the 1992 Source Sampling specifically for the methods I cited above without having to revise the document and updating the SIP. The changes to Division 212 could be made any time that we are doing a SIP revision.  
261           For monitoring, I think we could incorporate Parts 60 and 75 into Division 212 by reference and do away with the Continuous Monitoring Manual altogether. SEE 07/23/10 EMAIL FROM MSF  
262 212 0140(1)   NA Update Source Sampling Manual The Source Sampling Manual (1992) has been updated to reflect current methods and procedures.  
263 212 0140(3)(b)(A)   NA Update Source Sampling Manual The Source Sampling Manual (1992) has been updated to reflect current methods and procedures.  
264 212 0200(2)(a)(E)   NA Update CFR date Update done
265 212 0200 (2)(b) and (2)(b)(A)   NA Update CFR date Update done
266 212 0210(4)(b)(A) through (E)   NA Update CFR date Update done
267 212 0220 (2)(c)   NA Update CFR date Update done
268 212 0280(1)   NA Correct spelling of complying correction done
269 214       Stationary Source Reporting Requirements    
270 214 200-0020(3)(d)   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
271 214 210          
272 214 0350(2)   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
273 216       Air Contaminant Discharge Permits    
274         [Table 1 and Table 2]    
275 216 20   NA Add table name correction done
276 216 30     Add Division 204 as another division that has definitions that would apply to this division Add reference to Division 204 definitions done
277 216 30   200-0020(XX) 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
278 216 0040(5)     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
279 216 54     Add language to provide for unexpected activities under short term activity ACDPs. 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
280 216 0060(4)     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
281 216 0064(3)(a)(A)     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. The RMT discussed the Category 25 electrical power generators and their relationship to simple-low fee sources and permitting.  It appears that the current rule wording is a bit 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.  Although Cindy does send out simple-low fee notices for regional review, it was felt that rule clarification of the electric generator rules would be of value to insure consistency in permitting.   
282 216 0064(4)(d)     Change the permit duration of a simple permit from 5 to ?? years Do we want to do this?  
283 216 0082(2)(e)     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
284 216 90     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
285 216 Table 1   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
286 216 Table 1Part B 7.   NA Add “Manufacturing” Clarification done
287 216 Table 1Part B 11.   NA Add “Lead-Acid” Clarification done
288 216 Table 1Part B 13.   NA Change “fuel burning equipment” to “external combustion devices” Change definition of fuel burning equipment to “external combustion device.” Avoids confusion about indirect heat transfer (e.g., boilers), direct heat transfer (e.g., dryers), and internal combustion devices (e.g., gas turbines). done
289 216 Table 1Part B 13.   NA Change “over 10 MMBTU/hr heat input” to “with a combined heat input greater than” clarification done
290 216 Table 1Part B 13.   NA Change “under 30 MMBTU/hr heat input” to “with a combined heat input” clarification done
291 216 Table 1Part B 14.   NA Capitalize “paper” correction done
292 216 Table 1Part B 16.   NA Add “subject to RACT as regulated by division 232” to Can or Drum Coating clarification done
293 216 Table 1Part B 21.   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
294 216 Table 1Part B 27.     Change “excluding units used exclusively as emergency generators and less than 500 kW” to “with a combined electrical output of 500 horsepower or more, excluding emergency generators” 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
295 216 Table 1Part B 28.     Add “Stationary emergency generators with combined potential plant site emissions of any criteria pollutant greater than 10 tons per year based on a minimum of 50 hours of operation per year for each emergency generator” emergency generators over a certain size (or combined size) need to get permit because of potential emissions done
296 216 Table 1Part B XX.     Add “subject to RACT as regulated by division 232” to flexographic or rotogravure printing clarification  
297 216 Table 1Part B 37 and 38.     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
298 216 Table 1Part B XX.   NA Add “subject to RACT as regulated by division 232” to liquid storage tanks clarification done
299 216 Table 1Part B XX.   NA Add “subject to RACT as regulated by division 232” to marine vessel petroleum loading and unloading Clarification This addition means that sources outside Portland don’t need a permit. OK with e if VOC > 10 tons need permit based on category 85. done
300 216 Table 1Part B XX.   NA Add “manufacturing” to millwork clarification  
301 216 Table 1Part B XX.   NA Add “manufacturing” to molded container    
302 216 Table 1Part B XX.   NA Add “subject to RACT as regulated by division 232” to paper or other substrate coating clarification done
303 216 Table 1Part B XX.   NA Add “engines or flares” to internal combustion for sewage treatment facilities clarification done
304 216 Table 1Part B XX.   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): done
305           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. Without affecting substantive requirements, no state or local permit, license or other authorization shall be required for, and no procedural requirements shall apply to, the portion of any removal or remedial action conducted on-site where such removal or remedial action has been selected or approved by the director under this section, unless the permit, license, authorization or procedural requirement is necessary to preserve or obtain federal authorization of a state program or the person performing a removal or remedial action elects to obtain the permit, license or authorization or comply with the procedural requirement. The person performing a removal or remedial action shall notify the appropriate state or local governmental body of the permits, licenses, authorizations or procedural requirements waived under this subsection and, at the request of the governmental body, pay applicable fees. Any costs paid as a fee to a governmental body under this subsection shall not also be recoverable by the governmental body as remedial action costs.  
306 216 Table 1 Part C 3.   NA Delete “baseline emission rate, or” from all sources electing to maintain the source’s baseline emission rate, or netting bassis Sources have a netting basis based on the baseline emission rate so “baseline emission rate” is Definition no longer needed done
307 216 Table 1 Part C 4b.     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 Raise the threshold for sources that qualify for simple ACDPs because __________  
308 216 Table 1Part C 4b.   NA Part C: Activities and Sources 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.  
309         The following sources must obtain a Standard ACDP under the procedures set forth in 340-216-0066:    
311         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:    
313         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.    
315 216 Table 1 Part C, 4d.     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
316 216 Table 1 Part C, 4l.     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. We will keep the same permitting threshold for boilers and may register smaller boilers in the future, as our rules already allow us to do. done
319 216 Table 1 Part C, 6     Change regulated air “contaminant” to regulated air “pollutant” Regulated air contaminant is not defined done
320 216 Table 1 Part C, 6, 7, and 8     Do not capitalize potential to emit correction done
321 218       Oregon Title V Operating Permits    
322 218 30     Add Division 204 as another division that has definitions that would apply to this division Add reference to Division 204 definitions done
323 218 0040(1)(a)(F)     Delete “through 0180” OAR 340-244-0110 is now the only rule that applies to early reductions of HAPs done
325 218 0040(3)(c)(A)     Change 340-224-0040 to 340-244-0040 correction done
326 218 0040(3)(c)(C)     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
327 218 0040(3)(o)(D)     Delete reference to “enhanced monitoring” protocols and change to compliance assurance monitoring There are no enhanced monitoring protocols, only compliance assurance monitoring protocols done
328 218 0040(4)(a)(A)     Change date of Continuous Monitoring Manual The Continuous Monitoring Manual has been updated. done
329 218 0040(4)(a)(B)     Change date of Source Sampling Manual The Source Sampling Manual has been updated. done
330 218 0050(3)(a)(C)     Change date of Continuous Monitoring Manual and Source Sampling Manual The documents have been updated. done
331 218 0050(6)(a)     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
332 218 0090(XX)     Allow us to include area source NESHAP general permit attachments to TV permits    
333 218 0150(1)(h)     Correct 340-0210-250 to 340-210-0250 correction done
334 218 0210(1)   NA Add “with” to in accordance the procedures correction done
335 220       Oregon Title V Operating Permit Fees    
336 220 20   NA Add Division 204 as another division that has definitions that would apply to this division Add reference to Division 204 definitions ANDREA?
337 220 200-0020(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?
338 220 200-0020(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?
339 222       Stationary Source Plant Site Emission Limits    
340 222 0020(1) NA NA Change rule citations for insignificant activities since these rules were moved correction done
341 222 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
343 222 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
344 222 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
345 222 0020(4) NA NA Add “or source specific PSELs set at the generic PSEL levels, or may be set at source specific levels. 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
346         (a) A source with a generic PSEL cannot maintain a netting basis for that pollutant.    
347         (b) A source with a source specific PSEL that is set at the generic PSEL level may maintain a netting basis for that pollutant.”    
348 222 30 NA NA Add division 204 as another division that has definitions that would apply to this division Add reference to division 204 definitions done
349 222 0043(1), (2), and (3) 222 0035(1) & (2) Move General Requirements for All PSELs from 222-0043 to 222-0035 Reorder done
350 200 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
352 222 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
353 222 0070(1) 222 0035(5) Move requirements for categorically insignificant activities This applies to all PSELs done
354 222 0070(2) 222 0035(6) Move requirements for aggregate insignificant activities This applies to all PSELs done
355 222 0040 and 0041   NA “Generic” should not be capitalized correction done
356 222 0041(2) 222 0041(3) Add “”for that pollutant” Clarification. The generic PSEL is pollutant specific. done
357 222 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
358 222 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
359 222 0041(2) NA NA Add an exception for setting the source specific PSEL for PM2.5 and for an increase in the PSEL The source specific PSEL for PM2.5 is the PM2.5 fraction of the PM10 PSEL. Sources can request a PSEL greater than the netting basis in accordance with OAR 340-222-0041(4). 340-222-0050(c).what is this supposed to be? done
360 222 0041(2)   NA Add a provision for not adjusting the source specific PSEL if the netting basis is adjusted in accordance with OAR 340-222-0050(c). Clarification. Should this be moved to (5)? done
362 222 0041(2)     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
363 222 0041(3)     Add the provision for determining when a major modification is triggered that was in the major modification definition. This will move procedural requirements from the definitions done
364 222 0041(3)     Fix PSEL rules for Modeling?   done
365 222 0041(3)(c)   0041(4)(c) Add reference to division 224 for NSR This is a clarification and consistent with other rules. done
366 222 46     Move rules about establishing the netting basis from the definition to the PSEL rule This will move procedural requirements from the definitions done
367 222 35     Add a provision for making corrections to the PM10 netting due to better emissions information should be made before establishing the PM2.5 netting basis. The rules did not specify what the process should be for setting the PM2.5 netting basis and PSEL if corrections are needed in the PM10 netting basis and PSEL. done
368 222 35     Add a provision for when the PM 2.5 true-up does not apply and the PM2.5 PSEL is greater than the PM2.5 netting basis by more than the significant emission rate of 10 tons/year, DEQ shall determine whether:   Done
369         ·         the PM2.5 emissions correction would not have a material impact on air quality, or    
370         ·         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 PM2.5 emissions correction would not have a material impact on air quality.    
371 222 32     Move rules about establishing the baseline emission rate from the definition to the PSEL rule This will move procedural requirements from the definitions done
373 222            
374 222 46   new Add netting basis procedures from division 200 definitions Move procedural requirements out of definitions. Calculating netting basis should be in Division 222 Plant Site Emission Limits done
375 222 0046(3)(e)     Add a provision that the netting basis will be increased by any emission increases approved through the New Source Review regulations in OAR 340 division 224 provided the increases were subject to both an air quality analysis and a control technology analysis. The current rules would allow increases to the netting basis due to utilizing existing capacity of an emissions unit if the increase is part of the NSR action.  Only those increases that have been subject to both a control technology analysis (LAER or BACT) and AQ analysis should be used to increase the netting basis.  Otherwise, DEQ could end up circumventing the BACT requirement for grandfathered emission units.  Done
377 222 46   new Netting basis for sources that went through PSD before 2001 (Columbia Pacific Bio-Energy – do they get a NB?)    
379         (A) For sources that were granted netting basis prior to 2001 that included emissions from emissions units that were not subject to both air quality analysis and a control technology analysis, the emissions that were not subject to both air quality analysis and a control technology analysis will remain in the netting basis until January 1, 2019.    
380         (B) Any emissions that were included in the netting basis that were not subject to both an air quality analysis and a control technology analysis will be removed from the netting basis at the first permit renewal after January 1, 2019.    
381 222       Change embargo and reset (should this be in the applicability section? Wherever major mod definition gets moved to) If a source goes through NSR, the EUs that get bumped up to PTE because of use of existing capacity technically haven’t gone through NSR. They didn’t get BACT so the netting basis for those emissions units shouldn’t be increased. The embargo only affects the EUs that went through NSR. Nothing as far as an NSR action would increase the netting basis unless it’s gone through an AQ analysis and a control technology analysis. The PSEL for EUs that were increased because of use of existing capacity have PSELs higher than the netting basis but those emissions can’t be used for netting.   done
382 222 0046(1)   200-0020(      
383 222 0046(2)   200-0020(      
384 222 0046(3)   200-0020(      
385 222 0046(4)   200-0020(      
386 222 0046(5)   200-0020(      
387 222 0046(6)   200-0020(      
388 222 0046(7)   200-0020(      
389 222 0046(8)   200-0020(      
390 222 48     Add baseline emission rate procedures from division 200 definitions Move procedural requirements out of definitions. Establishment of the baseline emission rate should be in Division 222 Plant Site Emission Limits done
391 222 0048(1)   200-0020(      
392 222 0048(2)   200-0020(      
393 222 0048(3)   200-0020(      
394 222 0048(4)   200-0020(      
395 222 0048(5)   200-0020(      
396 222 50     Add actual emission procedures from division 200 definitions Move procedural requirements out of definitions. Establishing and resetting actual emissions should be in Division 222 Plant Site Emission Limits. done
397 222            
398 222            
399 222            
400 222            
401 222 0070(1)   0035(6) Move PSELs for categorically insignificant activities to the General Requirements for All PSELs Reorganize to clarify done
402   0070(2)   0035(7) Move PSELs for aggregate insignificant emissions to the General Requirements for All PSELs Reorganize to clarify done
403   0070(3)   224-0025(1)(b)(A) Move PSELs for insignificant activities to the major modification section of division 224 Reorganize to clarify [NICOLE – THIS WAS NOT MOVED VERBATIM SO CAN YOU CALL IT A RENUMBERING?] done
405 222 90   NA Require sources that split into two or more separate sources, and where each new separate source has a different two-digit primary SICs from the original source, the netting basis and SER for the original source stays with the original source. If you split a source into 2 separate sources, those two sources can have different SICs but the netting basis and SER must stay with the original source. The netting basis protects the airshed. If the new SIC source is grandfathered, then they wouldn’t have to do an AQ analysis. The source with the new SIC should be considered a new source and should potentially trigger NSR/PSD. done
406 224       Major New Source Review    
407 224       Correct rule history in whole division Research into the rule history for this division found inaccuracies. Rules for NSR/PSD were adopted at the June 8, 1979, April 24, 1981 and June 5, 1981 EQC meetings. done
409           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  
410 224       Change title of division to New Source Review DEQ has added rules for minor new source review in this section so this division now covers both major and minor new source review done
411 224 5     Add rule that specifies which rules apply to major new source review and which rules apply to minor new source review clarification done
412 224 10     Add an applicability section for areas violating the NAAQS but not yet designated as nonattainment areas There are areas that violate the NAAQS but have not yet been designated nonattainment by EPA.  Sources in these areas would fall under the requirements for attainment or unclassified areas rather than nonattainment areas. DEQ is creating requirements for sources in “areas violating federal NAAQS” in order to improve air quality and to enable the source to construct or modify. Without these rules, sources would not be able to construct or modify because they would never be able to show compliance with the NAAQS since the background concentration is already above the NAAQS. done
413 224 25     Add definition of major modification from division 200 The definition of major modification only applies to this division and explains how to determine if a major modification takes place. This procedural requirement does not belong in the definitions of division 200. done
414 224 0030(2)(a)     Add a provision to ensure an extension for good cause is allowed if there have not been any changes to the project which would negatively affect air quality. Clarify that extensions to NSR/PSD construction permits are allowed as long as there haven’t been any changes to the project that would negatively affect air quality, such as increase emissions, different stack characteristics, etc. done
415 224 0030(2)(a)(A) through (C)     Add details on what is required if extensions are granted Clarify what is required for the first and second extensions to NSR/PSD construction permits. DEQ will not grant three extensions and will instead require a new NSR/PSD application. done
416 224 0030(2)(a)(C)     Add a provision that any emission reduction credits or offsets used in the original application my continue to be used if a new application is required.    
417 224 0030(2)(a)(D)     Add a provision that if the attainment status of an area changes before construction of an NSR/PSD source is constructed, the owner or operator must submit an application for a permit modification to address all new requirements applicable to the change in attainment status Clarify that a change in attainment status of an area must be addressed before an extension can be granted done
418 224 0030(3)(b)(C)(i)     Delete “in lieu of category IV” and only require the Category II public participation procedures for an extension of a construction permit beyond the 18-month time period if not air quality analysis is required. DEQ will grant the first extension provided there have not been any changes to the project which would negatively affect air quality. The public participation procedures for Category II provide a 30 period to submit written comments done
419 224 0030(3)(b)(C)(ii)     Add a provision for category III public participation procedures for an extension of a construction permit beyond the 18-month time period that requires a new air quality analysis. If an air quality analysis is required for the second extension, the public participation procedures for Category III provides a 35 day period to submit written comments and a provision for a hearing, if one is scheduled. done
420 224 45     Add a section for Requirements for Sources in Potential Nonattainment Areas: This provision will help the area from becoming a nonattainment area and will also allow source to construct in areas that are not yet designated as nonattainment areas. Preconstruction monitoring data will show what the background concentration is in the area of the proposed source. done
421         (1)     Preconstruction monitoring    
422         (2)     Offsets at 1:1 except DEQ may allow a lower ratio if the offsets are from sources that are contributing to the potential nonattainment area designation; ANDY: One concern I have is this: most of the emissions causing NAAQS violations are from area and mobile sources, but this would focus only on point sources.  It is a good tool for nonattainment areas – even when point sources aren’t a major cause of the violations – because it gets industry support for developing an attainment plan.  But that only works if the requirement is mandated by federal law.  If we require it, even in cases where point sources really aren’t significant, it could have the opposite effect.  
423         (3)     AQ analysis to show that the NAAQS will not be violated.    
424           I would think we would not want it to be fully automatic, but rather only trigger if there is some AQ analysis that shows it would be helpful.  So, perhaps a source over the SER would have to put on technology (either LAER or BACT), and then do an AQ analysis to see if it would cause a significant impact in the areas of violation.  If so, the source would have to do more controls or get an offset.  We also have to remember that these sources would also be subject to PSD if they are over 250 tons, so the requirements would have to nestle within that.  Something like that might be more supportable since we could say it is actually needed to protect air quality (as opposed to automatic requirements that might affect a new source well downwind of the area of violation).  
426           ANDY’S COMMENT WAS BEFORE WE DEVELOPED THE “PROBLEM SOURCE” OFFSETS. DOES IT STILL APPLY  
427 224 0050(2)     Add a provision that offsets are required at 1.2:1 except DEQ may reduce the offset ratio to 1:1 if the offsets are from sources that are contributing to the potential nonattainment area designation This provision encourages owners/operators to get offsets from the sources that are contributing to the nonattainment problem done
428 224 0050(3)(c)     Add (3) through (5) to the rule reference OAR 340-225-0070 . Clarify that only the visibility requirements apply  
430 224       FIND THIS EMAIL FOR MORE CLARIFICATION Major modification definition ….BACT exemption for units that were not modified shouldn’t even be in there because that EU wasn’t modified. This needs to be clarified since no modification happened.   
431 224 55     Add a section for Requirements for Sources in Transitional Areas IS THIS SECTION NEEDED? Andy wanted it but not sure if we need it. done
433         Within a designated transitional area, proposed major sources and major modifications must meet the requirements of OAR 340-224-0050 (Requirements for Analysis in PSD Class II and Class III Areas) except OAR 340-225-0050(4)(a)(C) and (D); and the requirements listed below:    
435         (1)     Preconstruction monitoring in accordance with OAR 340-225-0050(4)(a) except (C) and (D); and    
436         (2)     PSD?    
438 224 0060(1)(a)(B)     In 340-224-0060(1)(a)(B), the word “or” should be “for” at the end of the sentence  “….for the nonattainment pollutant or precursor(s).”  Correction done
439 224 0060(2)(c)   202-0225 Move Ambient Air Quality Thresholds for Maintenance Areas to division 202 Division 202 will contain all ambient standards and thresholds intended to protect ambient air quality done
440 224 0060(2)(c)     Remove the annual limits for the maintenance areas. There is no longer an annual NAAQS for PM10 done
441 224 0060(3)   0060(e) Delete OAR 340-225-0060 WHY? done
442 224 0060(3)(c)     Remove “section (2)(d) of this rule” The exemptions in (2)(d) were added to (2)(c) done
443 224 0060(4)   0060(f) Delete the provision for OAR 340-224-0070 applying to federal majors. .. WHY? done
444 224 0060(5)(c)   0060(3)(c) Delete the provision for (2)(d) because this rule has been moved to division 202. WHY? done
445 224 0070(1)(a)(B)     In 340-224-0070(1)(a)(B), the word “or” should be “for” at the end of the sentence  “….for the nonattainment pollutant or precursor(s).”  The word “nonattainment” also needs to be changed to “attainment”. Correction done
446 224 0070(2)(b)     Delete reference to maintenance areas and change rule reference to OAR 340-224-0050(2) Move maintenance area requirements to its own section and allow offsets at 1.2:1 except DEQ may reduce the offset ratio to 1:1 if the offsets are from sources that are contributing to the nonattainment area designation. done
447 224 0070(2)(c)     Change the provision for sources impacting maintenance areas to meet OAR 340-224-0060(2) – requirements for maintenance areas Correction. Sources impacting maintenance areas should meet the same requirements of sources located in maintenance areas. done
448 224 0070(4)     Remove PM10 There can be other types of maintenance areas done
449 224 0070(4)     Remove “air quality” from significant air quality impact. The defined term is “significant impact level” Correction done
450 224 80     Add “PSD” to increment Clarify that it is the PSD increment that is defined in division 202. done
451 224 200     Add Minor New Source Review340-224-0200    
452         Applicability    
454 224 210     340-224-0210 - Procedural Requirements    
455 224 220     340-224-0220 - AQRV Protection    
456 224 230     340-224-0230 - Requirements for Sources in Potential Nonattainment Areas    
457 224 240     340-224-0240 - Requirements for Sources in Nonattainment Areas    
458 224 250     340-224-0250 - Requirements for Sources in Transitional Areas    
459 224 260     340-224-0260 - Requirements for sources in Maintenance Areas    
460 224 270     340-224-0270 - Requirement for Sources in Attainment and Unclassifiable Areas    
461 225       Air Quality Analysis Requirements    
462 225 20     Add Division 204 as another division that has definitions that would apply to this division Add reference to Division 204 definitions done
463 225 0020(2)     Delete the definition of “Background light extinction” “Background light extinction” not used in this division or any air quality division done
464 225 0020(3)     Add “major” to “background concentration” definition    
465 225 0020(8)     Move definition of “predicted Maintenance Area Concentration” This definition is not in alphabetic order done
466 225 0020(8)     Delete annual average maintenance area concentrations EPA revoked the annual PM10 standard, because available evidence does not suggest a link between long-term exposure to PM10 and health problems. done
467 225 0020(9)(a)(B)(iii)     Add constants K to definition of “Range of Influence” Clarification. Add constants to text and strike Ed. Note that links to table of K values done
468 225 0020(10)   NA Add “On a case by case basis, the source impact area may be adjusted to reflect the distribution of predicted impacts paired in space and time.” to the definition of “Source Impact Area.” Clarification done
469 225 0020(9)     Add “or area violating the ozone NAAQS” to the definition of ozone precursor distance There are areas that violate the NAAQS but have not yet been designated nonattainment by EPA.  See explanation above in the applicability section. done
470 225 0020(10)     Add “or area violating the ozone NAAQS” to the definition of ozone precursor offsets There are areas that violate the NAAQS but have not yet been designated nonattainment by EPA.  See explanation above in the definition of “area violating the NAAQS.” done
471 225 0030(1)     Add a new section (1): When required to conduct an air quality analysis by division 224, the owner or operator must submit a modeling protocol to DEQ and have it approved before submitting a permit application. Clarification done
472 225 0030(2)   0030(1) Delete “Information Required.” Heading not needed. done
473 225 0030(2)   0030(1) Add “for permit applications” to clarify what OAR 340-216-0040 pertains to Clarification done
474 225 0030(2)   0030(1) Delete parentheses and reference to division 222 Division 222 no longer requires modeling analyses. Modeling for PSEL increases in division 222 has been moved to division 225. done
475 225 40     Change date of 40 CFR Part 51, Appendix W Updated in 2003 done
476 225 40     Provide an option of using another impact model in PSD Class II and III areas Allows sources to propose use of another model based on approval by DEQ and EPA done
477 225 40     Delete reference to "Interim Procedures for Evaluating Air Quality Models (Revised)" (U.S. Environmental Protection Agency, 1984) This document is no longer used. done
478 225 0045(2)(b)     Add times to the end of the sentence “for all averaging” Correction done
479 225 0050(4)     Change “pollutant increment” to “PSD increment” Clarification done
480 225 0060(2)(a)     Add “PSD” to increments Clarification done
481 225 0070(2)(d)     Change “maximum allowable” to PSD Clarification since maximum allowable increment is not defined done
482 225 0070(3)(a)     Require visibility analysis in Columbia River Gorge National Scenic Area FYI - the reason we made the analysis voluntary many years ago was 1) we questioned whether we had the authority to actually require this for a non-Class I area, and 2) if it’s mandatory and not done by the applicant, then what, deny the permit application?  Or, if it is done, and is over 5% extinction, then what?  The analysis is mandatory – saying no impact over 5% is not. done
483           (Brian Finneran)  
484 225 0070(4)     Put the constant K in text rather than a table Links to the tables do not work well. done
485 225 0090(2)(a)(D)     Net air quality benefit analysis Current procedure is too restrictive.  Consider additional offsets. Check with Mark Bailey do we want to do this now or with overhaul??  
486 225       we need to make sure our rules don’t provide a “safe harbor” for source that model below the SIL, but could cause or contribute to a NAAQS violation.    
488 225 0090(2)(a)(D)     Move definition of net air quality benefit to definitions section clarification  
489 225 0090(2)(a)(C)     Add SO2 and NOx offsets for non-ozone areas This offset ratios are based the presumptive levels established by EPA in the preamble to Significant Impact Levels (SILs)  
490 225 0090(3)     Add SO2 and NOx offsets This offset ratios are based the presumptive levels established by EPA in the preamble to Significant Impact Levels (SILs)  
491 225 0090(4)     Add NOx offsets This makes the rule language consistent with EPA requirements in 40 CFR Part 51 and past implementation of the rule.  
492 226       General Emission Standards    
493         [Table 1-Particulate Matter Emissions Standards for Process Equipment]    
494 226 10     Add Division 204 as another division that has definitions that would apply to this division Add reference to Division 204 definitions done
495 226 0010(1)     Definition of new source different from Division 208 Incorporate dates for new and existing sources into rule done
496 226 0010(2)     Delete definition of particulate matter already in Division 200 Delete and use Division 200 definition done
497 226 0010(5)     Definition of standard conditions different from Division 230 and 240 but same as Division 226 and 228 Delete and incorporate into definition of standard cubic foot and move to Division 200 done
498 226 0010(6)     Definition of standard cubic foot different from Division 236 and 240 Use definition in 240 and move to Division 200 done
499 226 120     226-0120(1)(b)(A) = authority for ammonia slip under Operation and Maintenance; Can you add ammonia slip as something to consider a rule change on? Ammonia isn’t a regulated pollutant, but typically a limit on ammonia slip is set in PSD permits when an SCR control system is used. However, it’s not clear what authority we have to set such a limit. Might be worth clarifying.  
500         (b) Operational, maintenance, and work practice requirements include:    
501         (A) Flow rates, temperatures, and other physical or chemical parameters related to the operation of air pollution control equipment and emission reduction processes;    
502 226 130     Add note that this rule is included in the Oregon SIP Correction done
503 226 210     Change Fuel Burning Equipment to External Combustion Devices Change definition of fuel burning equipment to “external combustion device.” Avoids confusion about indirect heat transfer (e.g., boilers), direct heat transfer (e.g., dryers), and internal combustion devices (e.g., gas turbines). done
504 226 0210(1)     Change 0.2 and 0.1 gr/dscf to the following: DEQ is proposing the change because of the following reasons: done
505         (a) 0.20 grains per dry standard cubic foot for sources installed, constructed, or modified before June 1, 1970 except as required by section (d). ·         Some of the affected sources will probably have to reduce emissions anyway due to future regulations, such as the Boiler and Industrial furnace MACT.  
506         (b) 0.1 grains per dry standard cubic foot for sources installed, constructed, or modified after June 1, 1970, except as required by sections (c) and (d). ·         Having two standards creates an unequal playing field for industry; especially since new sources can be as much as 40 years old.  
507         (c) 0.10 grains per dry standard cubic foot if the source is located within 5 miles of a potential nonattainment area, nonattainment area, or maintenance area and was installed, constructed or modified after June 1, 1970. ·         More and more areas of the state are special control areas due to population increases.  
508         (d) 0.10 grains per dry standard cubic foot for all sources on or after January 1, 2019. ·         EPA’s adoption of a new PM2.5 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 grain loading in all areas and will help prevent future problem.  
509         (2) The owner or operator of an existing source who is unable to comply with OAR 340-228-0210(1)(a), (c), or (d) may request that DEQ grant an extension allowing the source up to one year to comply with the standard, if such period is necessary for the installation of controls. ·         Phased compliance will give sources that cannot meet the new standards time to comply.  
510           ·         Changes would make it easier  
511           ·         to determine compliance for the both the source and the DEQ.  
512 226 0210(2)     Add provision for one year extension for installation of control equipment Allows extra time for installation of control equipment if necessary done
513 226 0210(3)     Add test method A test method should always be specified with each standard in order to be able to show compliance done
514 228       Requirements For Fuel Burning Equipment and Fuel Sulfur Content    
515 228 Title     Change Fuel Burning Equipment to External Combustion Devices Change definition of fuel burning equipment to “external combustion device.” Avoids confusion about indirect heat transfer (e.g., boilers), direct heat transfer (e.g., dryers), and internal combustion devices (e.g., gas turbines). done
516 228 20     Add Division 204 as another division that has definitions that would apply to this division Add reference to Division 204 definitions done
517 228 0020(1)     Delete definition of ASTM already in Division 200 Delete and use acronym in Division 200 done
518 228 0020(2)     Definition of Coastal Areas not used in this or any other air quality division Delete definition done
519 228 20       CARRIE ANN – DID SHE CHANGE THIS DIVISION?  
520   200          
521   210          
522 228 0020(4)     Definition of fuel burning equipment different than Divisions 208 and 240 Change definition of fuel burning equipment to “external combustion device,” delete from Divisions 208, 228, and 240, move to Division 200. Avoids confusion about indirect heat transfer (e.g., boilers), direct heat transfer (e.g., dryers), and internal combustion devices (e.g., gas turbines). done
523 228 0020(6)     Definition of standard conditions different from Division 230 and 240 but same as Division 208 and 226 Delete and incorporate into definition of standard cubic foot and move to Division 200 done
524 228 0020(7)     Definition of standard cubic foot different from Division 236 and 240 Use definition in 240 and move to Division 200 done
525 228 0120(4) and (5)     These requirements are for coal users in 1980. Delete rule  
526 228 0130(2)     Delete “of Environmental Quality” Department is defined in Division 200 as “Department of Environmental Quality” so “of Environmental Quality” isn’t necessary done
527 228 0200 title     Change Fuel Burning Equipment to External Combustion Devices Change definition of fuel burning equipment to “external combustion device.” Avoids confusion about indirect heat transfer (e.g., boilers), direct heat transfer (e.g., dryers), and internal combustion devices (e.g., gas turbines). done
528 228 0200(1) and (2)     Change all instances of fuel burning equipment to external combustion devices Change definition of fuel burning equipment to “external combustion device.” Avoids confusion about indirect heat transfer (e.g., boilers), direct heat transfer (e.g., dryers), and internal combustion devices (e.g., gas turbines). done
529 228 0210(1)     Change all instances of fuel burning equipment to external combustion devices Change definition of fuel burning equipment to “external combustion device.” Avoids confusion about indirect heat transfer (e.g., boilers), direct heat transfer (e.g., dryers), and internal combustion devices (e.g., gas turbines). done
530 228 0210(1)     Change 0.2 gr/dscf to the following: DEQ is proposing the change because of the following reasons: done
531         (a) 0.20 grains per dry standard cubic foot for sources installed, constructed, or modified before June 1, 1970 except as required by section (d). ·         Some of the affected sources will probably have to reduce emissions anyway due to future regulations, such as the Boiler and Industrial furnace MACT.  
532         (b) 0.1 grains per dry standard cubic foot for sources installed, constructed, or modified after June 1, 1970, except as required by sections (c) and (d). ·         Having two standards creates an unequal playing field for industry; especially since new sources can be as much as 40 years old.  
533         (c) 0.10 grains per dry standard cubic foot if the source is located within 5 miles of a potential nonattainment area, nonattainment area, or maintenance area and was installed, constructed or modified after June 1, 1970. ·         More and more areas of the state are special control areas due to population increases.  
534         (d) 0.10 grains per dry standard cubic foot for all sources on or after January 1, 2019. ·         EPA’s adoption of a new PM2.5 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 grain loading in all areas and will help prevent future problem.  
535         (2) The owner or operator of an existing source who is unable to comply with OAR 340-228-0210(1)(a), (c), or (d) may request that DEQ grant an extension allowing the source up to one year to comply with the standard, if such period is necessary for the installation of controls. ·         Phased compliance will give sources that cannot meet the new standards time to comply.  
536           ·         Changes would make it easier  
537           ·         to determine compliance for the both the source and the DEQ.  
538 228 0210(2)     Add provision for one year extension for installation of control equipment Allows extra time for installation of control equipment if necessary done
539 228 0210(2)(b)   0210(3)(b) Delete “, to demonstrate compliance otherwise with subsection (1)(a) or (b) of this rule, shall” Language not necessary done
540 228 0210(5)     Add test method A test method should always be specified with each standard in order to be able to show compliance  
541 228 0210(5)     Add correction to 12% CO2 for wood burning equipment and 50% for all other fuels Division 228 has emission limits for fuel burning equipment but those do not apply in this situation. Division 226 applies here if the source is burning fuel. The correction is for a controlled combustion device that does not use excess air. done
542 228 300     Update CFR date    
543 228 0400 through 0530 plus Appendix A     Repeal Federal Acid Rain Program rules for Western Backstop SO2 Federal Trading Program Rules are no longer necessary since DEQ now uses federal regional haze rules done
544 232       Emission Standards For VOC Point Sources    
545 232 0010(3)   NA Change Salem SATS to Salem SKATS correction done
546 232 0030(17)     Definition of day used in many divisions Move to Division 200 done
547 232 0030(19)     Definition of emission unit different from Division 200 Delete and use Division 200 definition done
548 232 0030(28)     Change “gas service” which is not used to “gaseous service” Correction done
549 232 0030(31)     Definition of hardboard different from Division 234 and 240 Use definition from Division 234 and Division 240 and move to Division 200 done
550 232 0030(41)     Delete definition of low solvent coating Definition not used in division 232 or any other division done
551 232 0030(42)     Definition of major modification different from Division 200 Delete and use Division 200 definition done
552 232 0030(43)     Definition of major source different from Division 200 Delete and use Division 200 definition done
553 232 0030(51)     The term should be oven dried, not oven-dried Remove hyphen done
554 232 0030(54)     Definition of person different from Division 200 Use definition from Division 232 and move to Division 200 done
555 232 0030(56)     Delete definition of plant site basis Definition not used in division 232 or any other division done
556 232 0030(57)     Definition of potential to emit different from Division 200 Delete and use Division 200 definition done
557 232 0030(61)     Definition of prime coat is not in alphabetic order Move definition done
558 232 0030(62)     Definition of publication rotogravure printing not used in this division Delete definition CHECK WITH JERRY  
559 232 0030(67)     Definition of splash filling not used in this division or any other division Delete definition done
560 232 0030(68)     Definition of source different from Division 200 Delete and use Division 200 definition done
561 232 0030(69)     Definition of source category different from Division 200 Delete and use Division 200 definition done
562 232 0030(71)     Definition of thin particleboard not used in this division or any other division Delete definition done
563 232 0110(1)   NA Delete “ozone” from Portland ozone air quality maintenance area The term defined is “Portland Air Quality Maintenance Area” done
564 232 0150(1)(a)     40 CFR, 60 Subpart K, and Ka, as amended by Federal Register, April 4, 1980, pages 23379 through 23381; Need to update? Jerry?  
566 232 0160(5)(j)(B)     The term defined is forced air dried, not force air dried Correction done
567 232 0230(1)(a)     (a) The volatile fraction of ink, as it is applied to the substrate contains 25.0 percent by volume or less or of organic solvent and 75 percent by volume or more of water; or Correction done
568 234       Emission Standards For Wood Products Industries    
569 234 0010(1)   NA Definition of acid absorption tower Definition no longer needed Definition no longer needed since the neutral sulfite semi-chemical pulp mill rules are being repealed done
570 234 0010(2)   NA Definition of acid plant Definition no longer needed Definition no longer needed since the neutral sulfite semi-chemical pulp mill rules are being repealed done
571 234 0010(3)   NA Definition of average daily emission Definition no longer needed Definition no longer needed since the neutral sulfite semi-chemical pulp mill rules are being repealed done
572 234 0010(4)   NA Definition of average daily production Definition no longer needed Definition no longer needed since the neutral sulfite semi-chemical pulp mill rules are being repealed done
573 234 0010(5)   200-0020( Definition of average operating opacity same as Division 240 Move to Division 200 done
574 234 0010(7)   NA Definition of blow system Definition no longer needed Definition no longer needed since the neutral sulfite semi-chemical pulp mill rules are being repealed done
575 234 0010(9)   NA Change the range of rules for the definition of continual monitoring Since the neutral sulfite semi-chemical pulp mill rules are being repealed the range of rules that this definition applies to changes. done
576 234 0010(9)   0010(3) Delete subsection (a) and rule applicability (b) is more inclusive as it covers emission rates and concentrations done
577 234 0010(11)   NA Definition of continuous-flow conveying system Definition no longer needed This definition is not used in this division. done
578 234 0010(13)   200-0020( Definition of Department already in Division 200 Delete and use Division 200 definition done
579 234 0010(6)   NA Add definition of “dry standard cubic meter” Not previously defined done
580 234 0010(14)   200-0020( Definition of emission different from Division 200 Delete and use Division 200 definition done
581 234 0010(15)   200-0020( Definition of EPA Method 9 same as Division 240 Move to division 200 and change reference to 40 CFR Part 60 Appendix A-4 done
582 234 0010(16)   NA Delete definition of fuel moisture content. Incorporated language into OAR 340-234-0510(1)(c)(A) and (B) done
583 234 0010(17)   200-0020( Definition of fugitive emissions different from Division 200 and 236, same as Division 240 Delete and use Division 200 definition done
584 234 0010(18)   200-0020( Definition of “hardboard” different from Division 232 but same as Division 240 Use definition from Division 234 and move to Division 200 done
585 234 0010(21)   200-0020( Definition of “maximum opacity” same as Division 240 Move to Division 200 done
586 234 0010(22)   NA Definition of “modified wigwam waste burner” This definition is not used in this division. done
587 234 0010(23)   NA Definition of “neutral sulfite semi-chemical (NSSC) pulp mill” Definition no longer needed since the neutral sulfite semi-chemical pulp mill rules are being repealed done
588 234 0010(24)   NA Correct spelling of condensable in the definition of “non-condensibles” Condensable used throughout this rule done
589 234 0010(27)   200-0020( Definition of “particleboard” same as Division 240 Move to Division 200 done
590 234 0010(28)   200-0020( Definition of “particulate matter” different from Division 200, 236, 238, 240 Delete and use Division 200 definition. Move specific test requirements to rule with standard. Create a testing and monitoring section in 234-0540. done
591 234 0010(29)     Delete definition of “parts per million” and use division 234 definition Definition different division 202 and 256. Clarify division 202 definition and move to division 200 done
592 234 0010(30)   200-0020( Definition of “person” already in Division 200 Delete and use Division 200 definition done
593 234 0010(31)   200-0020( Definition of “plywood” used in other divisions Move to Division 200 done
594 234 0010(32)   200-0020( Definition of “press cooling vent” same as Division 240 Move to Division 200 done
595 234 0010(33)(c)   NA Definition of “production for neutral sulfite semi-chemical pulping” not needed Definition no longer needed since the neutral sulfite semi-chemical pulp mill rules are being repealed done
596 234 0010(39)   NA Definition of “spent liquor incinerator” Definition no longer needed since the neutral sulfite semi-chemical pulp mill rules are being repealed done
597 234 0010(40)   0010(6) Change defined term from “standard dry cubic meter” to “dry standard cubic meter” The term used in the rule is “dry standard cubic meter” done
598 234 0010(42)   NA Definition of “sulfite mill” Definition no longer needed since the neutral sulfite semi-chemical pulp mill rules are being repealed done
599 234 0010(43)   NA Definition of “sulfur oxides” Definition no longer needed since the neutral sulfite semi-chemical pulp mill rules are being repealed done
600 234 0010(44)   200-0020( Definition of “total reduced sulfur” already Division 200 Delete and use Division 200 definition done
601 234 0010(45)   200-0020( Definition of veneer same as Division 240 Move to Division 200 done
602 234 0010(46)     Definition of “wigwam fired burner” (not used) same as definition of “wigwam waste burner” in Division 240 Move to Division 200 done
603 234 0010(47)     Definition of “wood fired veneer dryer” same as Division 240 Move to Division 200 done
604 234 0210(4)     Clarify opacity limits for Kraft pulp mill sources other than recovery furnace clarification done
605 234 0240(2)(a)     Add the source test methods for particulate matter The definition of particulate matter has been moved to Division 200. The test methods are being separated from the definition and included with the standard. done
606 234 0240(2)(a)(A), (B) and (C)     Add adjustments for oxygen correction Clarification done
607 234 0250(7)     Correct spelling of condensible Condensable used throughout this rule done
608 234 0300-0360     Delete neutral sulfite semi-chemical pulp mill rules These sources no longer exist in the state. If a source did build a new facility, New Source Review/Prevention of Significant Deterioration (requiring a demonstration that emissions would not cause or contribute to a NAAQS or increment violation), New Source Performance Standards and MACT would apply. These rules would be more stringent than the existing rules. done
609 234 0400-0430     Delete sulfite pulp mill rules These sources no longer exist in the state. If a source did build a new facility, New Source Review/Prevention of Significant Deterioration (requiring a demonstration that emissions would not cause or contribute to a NAAQS or increment violation), New Source Performance Standards and MACT would apply. These rules would be more stringent than the existing rules. done
610 234 0500(2)     Replace fuel burning equipment with external combustion device Avoids confusion about indirect heat transfer (e.g., boilers), direct heat transfer (e.g., dryers), and internal combustion devices (e.g., gas turbines). done
611 234 0510(1)(b)(A)     Add the sentence that defines a violation This sentence does not belong in the definition of average operating opacity. It belongs in this subsection with the standard done
612 234 0510(1)(c)(A) and (B)     Incorporate fuel moisture content into rule and add test method Avoids confusion about indirect heat transfer (e.g., boilers), direct heat transfer (e.g., dryers), and internal combustion devices (e.g., gas turbines). done
613 234 0510(2)(b)     Replace fuel burning equipment with external combustion device Avoids confusion about indirect heat transfer (e.g., boilers), direct heat transfer (e.g., dryers), and internal combustion devices (e.g., gas turbines). done
614 234 0520(2)(b)     Replace fuel burning equipment with external combustion device Avoids confusion about indirect heat transfer (e.g., boilers), direct heat transfer (e.g., dryers), and internal combustion devices (e.g., gas turbines). done
615 234 0530(2)(c)     Replace fuel burning equipment with external combustion device Avoids confusion about indirect heat transfer (e.g., boilers), direct heat transfer (e.g., dryers), and internal combustion devices (e.g., gas turbines). done
616 234 540     Add a rule for Testing and Monitoring A test method should always be specified with each standard in order to be able to show compliance done
617 236       Emission Standards For Specific Industries    
618           However, (and this is a little different than what you might have heard from me before), If there are indeed no longer any sources in Oregon subject to these rules, then there should be no trouble deleting them from the SIP.  That's based on our understanding that any new facilities in these source categories would be subject to new source permitting requirements (PSD, Part D NSR, minor NSR, NSPS, new source MACT, etc.) and would end up with tighter controls than would be required under this old (1970's vintage) SIP rule.  Importantly, new sources would be required to demonstrate that their emissions wouldn't cause or contribute to a NAAQS or increment violation so there is no need for these rules in the SIP.  
619           (Donna Deneen/EPA)  
620 236 0010(1)   NA Delete definition of “all sources” Definition no longer needed since primary aluminum and ferronickel rules are being repealed done
621 236 0010(2)   NA Delete definition of “annual average” Definition no longer needed since primary aluminum rules are being repealed done
622 236 0010(3)   NA Delete definition of “anode baking plant” Definition no longer needed since primary aluminum rules are being repealed done
623 236 0010(4)   NA Delete definition of “anode plant” Definition no longer needed since primary aluminum rules are being repealed done
624 236 0010(5)   NA Delete definition of “average dry laterite ore production rate” Definition no longer needed since ferronickel rules are being repealed done
625 236 0010(6)   200-0020( Delete definition of “collection efficiency” and move to division 200 with clarification Definition in division 240 different so use that definition with clarifications done
626 236 0010(7)   200-0020( Delete definition of “Commission” Definition different from division 200 definition, use division 200 definition done
627 236 0010(8)   NA Delete definition of “cured forage” Definition no longer needed since primary aluminum rules are being repealed done
628 236 0010(9)   200-0020( Delete definition of “Department” Definition different from division 200 definition, use division 200 definition done
629 236 0010(11)   NA Delete definition of “dry laterite ore” Definition no longer needed since ferronickel rules are being repealed done
630 236 0010(12)   200-0020( Delete definition of “emission” Definition different from division 200 but same as division 240. Delete and use division 200 definition done
631 236 0010(13)   200-0020( Move definition of “emission standards” Definition used in used in other divisions, move to division 200 done
632 236 0010(14)   NA Delete definition of “ferronickel” Definition no longer needed since ferronickel rules are being repealed done
633 236 0010(15)   NA Delete definition of “fluorides” Definition no longer needed since primary aluminum rules are being repealed done
634 236 0010(16)   NA Delete definition of “forage” Definition no longer needed since primary aluminum rules are being repealed done
635 236 0010(17)   200-0020( Delete definition of “fugitive emissions” Definition different from Division 200, 234, 240; use division 200 definition done
636 236 0010(19)   NA Delete definition of “laterite ore” Definition no longer needed since ferronickel rules are being repealed done
637 236 0010(20)   NA Delete definition of “monthly average” Definition no longer needed since primary aluminum rules are being repealed done
638 236 0010(21)   200-0020( Definition of “particulate matter” Definition different from division 200, 234, 238 and 240. Use __________ and move to Division 200 done
639 236 0010(22)   NA Delete definition of “primary aluminum plant” Definition no longer needed since primary aluminum rules are being repealed done
640 236 0010(24)   NA Delete definition of “pot line primary emission control systems” Definition no longer needed since primary aluminum rules are being repealed done
641 236 0010(25)   NA Delete “by Hour” from the definition of “Process Weight by Hour.” The term should just be “process weight.” “Process weight by hour” is defined later in the definition. Clarify definition done
642 236 0010(26)   NA Delete definition of “regularly schedule monitoring” Definition no longer needed since primary aluminum rules are being repealed done
643 236 0010(27)   200-0020( Definition of “source test” Definition already in division 200. done
644 236 0010(28)   200-0020( Delete definition of “standard cubic foot” Definition different from division 236 and 240. Use definition in 240 and move to Division 200 done
645 236 0100-0150   NA Delete primary aluminum standards These sources no longer exist in the state. If a source did build a new facility, New Source Review/Prevention of Significant Deterioration (requiring a demonstration that emissions would not cause or contribute to a NAAQS or increment violation), New Source Performance Standards and MACT would apply. These rules would be more stringent than the existing rules. done
646 236 0200-0230   NA Delete laterite ore production of ferronickel rules These sources no longer exist in the state. If a source did build a new facility, New Source Review/Prevention of Significant Deterioration (requiring a demonstration that emissions would not cause or contribute to a NAAQS or increment violation), New Source Performance Standards and MACT would apply. These rules would be more stringent than the existing rules. done
647 236 0400-0440     Delete hot-mix asphalt rules- GRUNOW??? OAR 340-236-0410, Specific Industry Standard for Hot-mix Asphalt Plants  
649           1.       Problem(s):  
650           The rule is outdated and unnecessary and can be replaced with other existing standards or rules.  
651           2.       Regulatory streamlining (Executive Order Number EO-03-01):  
652           Permitting: Elimination of the Process Weight rule will simplify permits.  
653           Compliance: Deleting the Process Weight requirement will make compliance testing somewhat easier for affected sources.  
655           3.       Rule Fix options:  
656           Delete existing rule in its entirety. Other existing rules would apply to asphalt plants directly without need for a special rule.  
657           Alternatively, delete existing language and replace with 2 provisions: (1) facilities that are subject to the NSPS must meet the NSPS requirements; and (2) facilities not subject to (1) must meet the statewide 0.1 (or 0.10) gr/dscf PM standard.  
659           4.       Issues:  
660           Statutory authority -  
661           Stringency (impact on regulated sources) - Little impact on regulated sources, somewhat simpler permit and testing requirements.  
662           Environmental backsliding (impact on environment) - No impact on the environment is expected from this rule change. Hot-mix asphalt plants will continue to operate as they do currently, and emissions will not change.  
663           SIP revision - Appendix 7 (protection of NAAQS and PSD increment)  
664 236 0410(1)     Eliminate different standards for inside and outside of special control areas. All asphalt plants should comply with the requirements, regardless of where they are located. done
665 236 0410(2)     Make all existing asphalt plants comply with the state standards and all new plants comply with the NSPS. Clarifies requirements for existing and new asphalt plants and eliminates redundant/conflicting standards. done
666 236 410   NA Clarify that Table 1does not apply to sources subject to NSPS NSPS standards are more stringent than the process weight table 1 done
667 236 0410(3)   NA Separate opacity, grain loading, and NSPS requirements from other hot mix asphalt plant limits and update references to division 208 based on proposed changes Clarification done
668 236 0410(4)   NA Add test method A test method should always be specified with each standard in order to be able to show compliance done
669 236 0500(2)     Update CFR date 40 CFR Section 60.751 through 60.759, July 1, 1998  
670 236 0500(4)(a)     Add “the following” to what large landfills must comply with Correct rule language done
671 240       Rules For Areas With Unique Air Quality Needs    
672 240 0030(1)   200-0020( Delete definition of “air contaminant” and use Division 200 definition Definition of air contaminant already in Division 200 done
673 240 0030(3)   200-0020( Move definition of average operating opacity to division 200 Definition is same as in division 234 except for sentence that determines when a violation occurs. Put that sentence with opacity limit. done
674 240 0030(4)   NA Delete definition of “charcoal producing plant” Definition Definition no longer needed since Charcoal Producing Plant rules are being repealed [needed for LRAPA?] done
675 240 0030(5)   200-0020( Mover definition of “collection efficiency” to division 200 Definition is different than division 236 definition. Use Division 240 definition with clarifications and move to Division 200 done
676 240 0030(6)   200-0020( Delete definition of Department Definition already in division 200 done
677 240 0030(9)   200-0020( Move definition of “dry standard cubic foot” to division 200 Definition is different from the definition of “standard cubic foot.” Use definition of “dry standard cubic foot” and move to Division 200 done
678 240 0030(10)   200-0020( Delete definition of “emission” and use division 200 definition Definition different from division 200 definition but the same as division 234 done
679 240 0030(11)   200-0020( Move definition of “EPA Method 9” to division 200 and change reference to 40 CFR Part 60 Appendix A-4. Definition of EPA Method 9 same as Division 234 done
680 240 0030(12)   200-0020( Move definition of “facility” to division 200 and add definitions of “affected facility” and “existing facility” from the NSPS regulations and division 238 Definition of facility different from Division 238 done
681 240 0030(14)   200-0020( Change definition of “fuel burning equipment” to “external combustion device,” delete from divisions 208, 228, and 240, move to division 200. Definition of fuel burning equipment different than division 208 and 228. Avoids confusion about indirect heat transfer (e.g., boilers), direct heat transfer (e.g., dryers), and internal combustion devices (e.g., gas turbines). done
682 240 0030(15) and (16)     Delete definitions of “fuel moisture content” Incorporated language into OAR 340-240-0120(1)(e) and (f) done
683 240 0030(17)   200-0020( Delete definition of “fugitive emissions” and use division 200 definition Definition different from division 200 and 236, same as Division 234 done
684 240 0030(19)   200-0020( Use definition of “hardboard” from division 234 and division 240 and move to division 200 Definition of hardboard different from division 232 but same as division 234 done
685 240 0030(23)   200-0020( Move definition of ‘liquefied petroleum gas” to division 200 Definition not used in division 240 done
686 240 0030(24)   200-0020( Delete definition of “lowest achievable emission rate” Definition already in division 200 done
687 240 0030(25)   200-0020( Move definition of “maximum opacity” to division 200 Definition same as in division 234 done
688 240 0030(26)     Delete definition of “Medford-Ashland Air Quality Maintenance Area” Definition already in division 204 done
689 240 0030(27)   200-0020( Delete definition of “modified source” This definition is not needed since it is clear that it is meant to apply to sources with “major modifications” subject to 224-0050 or 224-0060. done
690 240 0030(28)   200-0020( Move definition of “natural gas” to division 200 Definition used in other divisions done
691 240 0030(29)   NA Delete definition of “new source” Requirements for “old” wood waste boilers were repealed in 12/2004 because the compliance date (12/31/94) had past. All sources must meet the requirements for “new” sources. New sources and existing sources must comply with 340-240-0110(1), 340-240-120 through 250 so the definition of “new source” is no longer necessary. done
692 240 0030(30)   200-0020( Move definition of “odor” to Division 200 Definition same as in division 208 done
693 240 0030(31)   NA Delete definition of “offset” This definition refers to the definition in Division 200 done
694 240 0030(32)     Delete definition of "opacity" Change the date on the Source Sampling Manual Move to division 200  
695 240 0030(34)   200-0020( Move definition of “particleboard” to division 200 Definition same as Division 234 done
696 240 0030(35)   200-0020( Move definition of “particulate matter” to division 200 but delete test methods since each standard will have the applicable test method Definition different from Division 200, 234, 236, 238 done
697 240 0030(36)   200-0020( Delete definition of “person” Definition already in division 200 done
698 240 0030(37)   200-0020( Move definition of “press cooling vent” to division 200 Definition same as division 234 done
699 240 0030(41)   NA Move definition of “wood fuel-fired device” Definition not in alphabetic order  
700 240 0030(42)   200-0020( Delete definition of “source” and use definition in division 200 Definition different than definition in division 200 done
701 240 0030(43)   200-0020( Move definition of “standard conditions” to division 200 Definition different from division 226 and 228 done
702 240 0030(44)   200-0020( Move definition of “standard cubic foot” to division 200 but delete adjustments Each standard will have the applicable test method long with the correct adjustment done
703 240 0030(45)   200-0020( Move definition of “veneer” same to division 200 Definition same as division 234 done
704 240 0030(46)   200-0020( Move definition of “veneer dryer” to division 200 Definition used in other divisions done
705 240 0030(47)   200-0020( Move definition of “wood fired veneer dryer” to division 200 Definition same as division 234 done
706 240 0030(48)   200-0020( Delete definition of “wigwam fired burner” Definition not used and same as definition of “wigwam waste burner” in division 234 done
707 240 0110(1)(b)   NA Change the 3 minute aggregate in one hour to a six minute average DEQ is changing all opacity limits to 6 minute averages. See reason above for changing opacity to 6-minute average done
708 240 0110(1)(b)   NA Add reference to OAR 340-240-0210 OAR 340-240-0210 contains continuous monitoring requirements for opacity done
709 240 0120(1)(a)     Add “as defined in division 200” The definition of average operating opacity was moved to division 200 done
710 240 0120(1)(b)     Add “as a six minute average as measured by EPA Method 9” DEQ is changing all opacity limits to 6 minute averages. See reason above for changing opacity to 6-minute average done
711 240 0120(1)(e) and (f)     Incorporate fuel moisture content into rule and add test method ASTM D4442-84 This clarifies the requirement done
712 240 0120(2)     Replace fuel burning equipment with external combustion device Avoids confusion about indirect heat transfer (e.g., boilers), direct heat transfer (e.g., dryers), and internal combustion devices (e.g., gas turbines). done
713 240 0140(2)     Add “as a six minute average as measured by EPA Method 9” DEQ is changing all opacity limits to 6 minute averages. See reason above for changing opacity to 6-minute average done
714 240 0150(3)     Replace fuel burning equipment with external combustion device Avoids confusion about indirect heat transfer (e.g., boilers), direct heat transfer (e.g., dryers), and internal combustion devices (e.g., gas turbines). done
715 240 170     Delete Charcoal Producing Plant rules These sources no longer exist in the state outside of Lane County. If a source did build a new facility, New Source Review/Prevention of Significant Deterioration (requiring a demonstration that emissions would not cause or contribute to a NAAQS or increment violation), New Source Performance Standards and MACT would apply. These rules would be more stringent than the existing rules. done
716 240 0210(1)   NA Change “continuous emission monitoring systems guidance” to “DEQ’s Continuous Monitoring Manual (March 2014) The Continuous Monitoring Manual should be referenced instead of guidance done
717 240 0210(2)(c)     Add the sentence “The continuous opacity monitoring system (COMS) must be installed and operated in accordance with DEQ’s Continuous Monitoring Manual.” This ensures that the continuous opacity monitoring is done in accordance with DEQ requirements. done
718 240 0220(1)(b) and (e)     Delete dates in the past The required testing dates are already past done
719 240 0220(1)(d)     Delete requirement for source testing of charcoal producing plant These sources no longer exist in the state outside of Lane County. See reason above. done
720 240 0220(6)     Add (6) to include the source test methods for particulate matter The definition of particulate matter has been moved to Division 200. The test methods are being separated from the definition and included with the standard. done
722 240 230   NA Repeal OAR 340-240-0230 as it is no longer necessary Requirements for “old” wood waste boilers were repealed in 12/2004 because the compliance date (12/31/94) had past. All sources must meet the requirements for “new” sources. New sources and existing sources must comply with 340-240-0110(1), 340-240-120 through 250. done
723 240 310   NA Repeal OAR 340-240-0310 as it is no longer necessary Compliance schedule dates for existing sources are all past done
724 240 0320(1)   NA Add “as a six minute average as measured by EPA Method 9” DEQ is changing all opacity limits to 6 minute averages. See reason above for changing opacity to 6-minute average done
725 240 0320(2)   NA Add test method A test method should always be specified with each standard in order to be able to show compliance done
726 240 0330(1)   NA Add test method A test method should always be specified with each standard in order to be able to show compliance done
727 240 0330(2)   NA Add “as a six minute average as measured by EPA Method 9” DEQ is changing all opacity limits to 6 minute averages. See reason above for changing opacity to 6-minute average done
728 240 340   NA Add test method A test method should always be specified with each standard in order to be able to show compliance done
729 240 0350(1)   NA Add test method A test method should always be specified with each standard in order to be able to show compliance done
730 240 0350(2)   NA Add test method A test method should always be specified with each standard in order to be able to show compliance done
731 240 0350(3)   NA Add “as a six minute average as measured by EPA Method 9” DEQ is changing all opacity limits to 6 minute averages. See reason above for changing opacity to 6-minute average done
732 240 370   NA Add a Source Testing rule This rule clarifies when source tests are required and what methods should be used done
733 240 400     Add other types of sources Do they exist in Lakeview?  
734 240 0410(2)(a)   NA 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
735 240 430   NA Reference the Department’s Source Sampling Manual rather than test methods on file with the Department Add reference to Source Sampling Manual done
736 240 0430(2) & (3)   NA Add source test requirement for wood waste boilers with total heat input less than 35 MMBtu/hr and wood particle dryers This rule clarifies when source tests are required and what methods should be used done
737 240 0430(4) & (5)     Add source test methods This rule clarifies what methods should be used done
738 240 0550 and 0560     MOVE?    
739 240 610   NA Add date for Continuous Monitoring Manual The Continuous Monitoring Manual is being updated in this rulemaking done
740 242       Rules Applicable to the Portland Area    
741 242 0400(1)   NA Change OAR 340-225-0090 to division 224 The net air quality benefit requirements have been moved to division 224. done
742 242 0420(3)   NA Change the cross reference to OAR 340-200-0020 to OAR 340-224-0025 The definition of major modification as moved to division 224 done
743 242 0420(3)   NA Change the cross reference to OAR 340-222-0040 to OAR 340-222-0035 correction done
744 242 0700-0750, 0770, 0790     Repeal rules Repeal spray paint rules since there are now equivalent federal rules. There is no air quality impact because there are now equivalently protective federal rules. There would be a slight positive fiscal impact because the paint manufacturers would no longer need to certify to two different but environmentally equivalent standards and Title V sources would no longer need to certify compliance with the Oregon rule. While these rules were adopted as part of the Portland ozone plan, the immediate issue is really Title V permit streamlining. Done
745 268       Emission Reduction Credits    
746 268 0030(1)(f)     Add provision for ERCs from woodstoves in Klamath Falls The Klamath Falls attainment plan allows sources to use wood fuel-fired device emission reductions done
747 268 0030(1)(g)   NA Add the following language: “Hazardous emissions reductions required to meet the MACT standards at 40 CFR part 60 and part 61, including emissions reductions to meet the early reduction requirements of section 112(i)(5), are not creditable as offsets. However, any emissions reductions that are in excess of or incidental to the MACT standards are not precluded from being creditable as offsets as long as all conditions of a creditable offset are met.” From 11/12/97 EPA Memo: Crediting of MACT emissions reductions for NSR netting and offsets. Required HAP emission reductions are not creditable as offsets but can be used if in excess of MACT standards. done
748 268 0030(3)(c) –(e)   NA Add language to clarify when emission credits are considered used and what happens if the proposed project that uses the credits changes before construction Clarification. The existing rules do not specify when ERC are considered “used” and what happens if the proposed project changes. done
749 268 0030(4)(a)   NA Clarify that emission reduction credits not used or banked and become unassigned PSELS are no longer available for use as external offsets clarification done
750 268 0030(4)(b)   NA Clarify that emission reduction credits not used prior to the expiration date and revert back to the source that generated the credit will become unassigned PSELS are no longer available for use as external offsets clarification done

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