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

NOTE: This rule is included in the State of Oregon Clean Air Act Implementation Plan as adopted by the EQC under OAR 340-200-0040.

340-224-0060

Requirements for Sources in Maintenance Areas

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

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

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

(a) obtain offsets in accordance with OAR 340-224-5010 for ozone areas or 340-224-5020(2) and (4) for non-ozone areas, whichever is applicable; or

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

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

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

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

(b) An allocation from a growth allowance may not be used to meet the requirement for offsets in section (2) of this rule.

(c) The exemption provided in subsections (2)(b) and (2)(c) for major sources or major modifications within a carbon monoxide or PM10 maintenance area no longer applies.

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

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

NOTE: This rule is included in the State of Oregon Clean Air Act Implementation Plan as adopted by the EQC under OAR 340-200-0040.

[Publications: Publications referenced are available from the agency.]

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

340-224-0070

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

Within a designated attainment or unclassified area, proposed federal major sources and major modifications at federal major sources for the pollutant(s) for which the area is designated attainment or unclassified, must meet the requirements listed below:

(1) Preconstruction Air Quality Monitoring:

(a)(A) The owner or operator of a source must submit with the application an analysis of ambient air quality in the area impacted by the proposed project. This analysis, which is subject to DEQ's approval, must be conducted for each pollutant potentially emitted at a significant emission rate by the proposed source or modification. The analysis must include continuous air quality monitoring data for any pollutant that may be emitted by the source or modification, except for volatile organic compounds. The data must relate to the year preceding receipt of the complete application and must have been gathered over the same time period. DEQ may allow the owner or operator to demonstrate that data gathered over some other time period would be adequate to determine that the source or modification would not cause or contribute to a violation of an ambient air quality standard or any applicable PSD increment. Pursuant to the requirements of these rules, the owner or operator must submit for DEQ's approval, a preconstruction air quality monitoring plan. This plan must be submitted in writing at least 60 days prior to the planned beginning of monitoring and approved in writing by DEQ before monitoring begins.

(B) Required air quality monitoring must be conducted in accordance with 40 CFR 58 Appendix B, "Quality Assurance Requirements for Prevention of Significant Deterioration (PSD) Air Monitoring" (July 1, 2013) and with other methods on file with DEQ.

(C) DEQ may exempt the owner or operator of a proposed source or modification from preconstruction monitoring for a specific pollutant if the owner or operator demonstrates that the air quality impact from the emissions increase would be less than the amounts listed below or that modeled competing source concentration plus general background concentration of the pollutant within the source impact area are less than the following significant monitoring concentrations:

(i) Carbon monoxide; 575 ug/m3, 8 hour average;

(ii) Nitrogen dioxide; 14 ug/m3, annual average;

(iii) PM10; 10 ug/m3, 24 hour average;

(iv) PM2.5; 4 ug/m3, 24-hour average;

(v) Sulfur dioxide; 13 ug/m3, 24 hour average;

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

(vii) Lead; 0.1 ug/m3, 24 hour average;

(viii) Fluorides; 0.25 ug/m3, 24 hour average;

(ix) Total reduced sulfur; 10 ug/m3, 1 hour average;

(x) Hydrogen sulfide; 0.04 ug/m3, 1 hour average;

(xi) Reduced sulfur compounds; 10 ug/m3, 1 hour average.

(D) DEQ may allow the owner or operator of a source (where required by divisions 222 or 224) to substitute post construction monitoring for the requirements of paragraph (4)(a)(A) for a specific pollutant if the owner or operator demonstrates that the air quality impact from the emissions increase would not cause or contribute to an exceedance of any air quality standard. This analysis must meet the requirements of 340-225-0050(2)(b) and must use representative or conservative general background concentration data.

(E) When PM10/PM2.5 preconstruction monitoring is required by this section, at least four months of data must be collected, including the season(s) DEQ judges to have the highest PM10/PM2.5 levels. PM10/PM2.5 must be measured in accordance with 40 CFR part 50, Appendices J and L (July 1, 2013). In some cases, a full year of data will be required.

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

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

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

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

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

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

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

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

(B) No limit is being relaxed that was previously relied on to avoid major NSR.

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

(A) They are not constructed yet;

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

(C) They were constructed without, or in violation of, DEQ's approval.

(3) Air Quality Protection:

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

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

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

(4)The owner or operator of any source subject to this rule that significantly impacts air quality in a designated area must meet the requirements of net air quality benefit in OAR 340-224-5020(5).

NOTE: This rule is included in the State of Oregon Clean Air Act Implementation Plan as adopted by the EQC under OAR 340-200-0040.

[Publications: Publications referenced are available from the agency.]

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

Minor New Source Review

340-224-0200

Applicability

OAR 340-224-0200 through 340-224-6000 contain requirements for minor new source review. These rules also apply if referred here by OAR 340-222-0041(4)(c).

340-224-0210

Procedural Requirements

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

(2) Application Processing:

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

(b) Notwithstanding the requirements of OAR 340-216-0040 or 340-218-0040, concerning permit application requirements, DEQ will make a final determination on the application within six months after receiving a complete application. This involves performing the following actions in a timely manner:

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

(B) Making the proposed permit available in accordance with the public participation procedures required by OAR 340 division 209: for Category IV.

(i) Category II for a permit modification that does not require an air quality analysis; or

(ii) Category III for a permit modification that requires an air quality analysis or for a construction ACDP.

(C) For sources subject to the Oregon Title V Operating Permit program, the applicant may ask for the external review procedures in OAR 340-218-0210 and 340-218-0230 in addition to the requirements of OAR 340 division 209 to allow the Construction ACDP to be incorporated into the Oregon Title V Operating Permit later by an administrative amendment provided the requirements of OAR 340-218-0040, 340-218-0050 and 340-218-0120 are met.

340-224-0245

Requirements for Sources in Potential Nonattainment Areas

Proposed new sources or existing sources with emission increases subject to OAR 340-222-0041(4)(c) must meet the following requirements:

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

(2) Air Quality Protection: The owner or operator of a source subject to this rule must satisfy the requirements of section (a) or sections (b) and (c), if applicable:

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

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

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

(b) Net Air Quality Benefit: The owner or operator must meet the requirements of OAR 340-224-5010 for ozone areas and 340-224-5020(3) and (4) for non-ozone areas, whichever is applicable.

(c) The owner or operator of a source that meets the criteria in paragraph (A) or (B) must meet the AQRV requirements in OAR 340-225-0070.

(A) The source has potential to emit 250 tons or more per year if not in a source category listed in the definition of federal major in division 200; or

(B) The source has potential to emit 100 tons or more per year if in a source category listed in the definition of federal major in division 200.

(3) The owner or operator of any source subject to this rule that significantly impacts air quality in a designated area must meet the requirements of net air quality benefit in OAR 340-224-5020(5).

340-224-0250

Requirements for Sources in Nonattainment Areas

Proposed new sources or existing sources with emission increases subject to OAR 340-222-0041(4)(c) must meet the following requirements:

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

(2) Air Quality Protection:

(a) Air Quality Analysis: An air quality analysis is not required.

(c) The owner or operator of a source that meets the criteria in paragraph (A) or (B) must meet the AQRV requirements in OAR 340-225-0070.

(A) The source has potential to emit 250 tons or more per year if not in a source category listed in the definition of federal major in division 200; or

(B) The source has potential to emit 100 tons or more per year if in a source category listed in the definition of federal major in division 200.

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

(A) The owner or operator must meet the requirements of OAR 340-224-5010 for ozone areas.

(B) For federal major sources, the owner or operator must meet the requirements of OAR 340-224-5020(2) and (4) for non-ozone areas.

(C) For non-federal majors sources, the owner or operator must meet the requirements of OAR 340-224-5020(3) and 94) for non-ozone areas.

(3) The owner or operator of any source subject to this rule that significantly impacts air quality in a designated area must meet the requirements of net air quality benefit in OAR 340-224-5020(5).

340-224-0255

Requirements for Sources in Transitional Areas

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

340-224-0260

Requirements for Sources in Maintenance Areas

Proposed new sources or existing sources with emission increases subject to OAR 340-222-0041(4)(c) must meet the following requirements:

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

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

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

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

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

(C) The owner or operator of a source that meets the criteria in paragraph (i) or (ii) must meet the AQRV requirements in OAR 340-225-0070.

(i) The source has potential to emit 250 tons or more per year if not in a source category listed in the definition of federal major in division 200; or

(ii) The source has potential to emit 100 tons or more per year if in a source category listed in the definition of federal major in division 200.

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

(A) meet the requirements of OAR 340-224-5010 for ozone areas and 340-224-5020(3) and (4) for non-ozone areas, whichever is applicable;

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

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

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

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

(b) An allocation from a growth allowance may not be used to meet the requirement for offsets in section (2) of this rule.

(c) The exemption provided in subsection (2)(b)(B) for major sources or major modifications within a carbon monoxide or PM10 maintenance area no longer applies.

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

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

340-224-0270

Requirement for Sources in Attainment and Unclassifiable Areas

Proposed new sources or existing sources with emission increases subject to OAR 340-222-0041(4)(c) must meet the following requirements:

(1) Air Quality Protection:

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

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

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

(c) The owner or operator of a source that meets the criteria in paragraph (A) or (B) must meet the AQRV requirements in OAR 340-225-0070.

(A) The source has potential to emit 250 tons or more per year if not in a source category listed in the definition of federal major in division 200; or

(B) The source has potential to emit 100 tons or more per year if in a source category listed in the definition of federal major in division 200.

(2)The owner or operator of any source that significantly impacts air quality in a designated area must meet the requirements of net air quality benefit in OAR 340-224-5020(5).

OFFSETS

340-224-0500 Offset requirements

(1) OAR 340-224-0510 through XXX are the requirements for demonstrating net air quality benefit using offsets.

340-224-0520 Common offset requirements (from 500 above)

(1) In nonattainment areas, provide offsets sufficient to demonstrate reasonable further progress toward achieving the NAAQS.

(2) In other designated areas, provide offsets sufficient to demonstrate reasonable further progress toward achieving or maintaining the NAAQS.

(3) In all areas of the state, provide offsets sufficient to demonstrate that the proposed major source or major modification would not cause or contribute to a new violation of the national ambient air quality standard.

(4) Unless otherwise specified in the rules, offsets required under this rule must meet the requirements of Emissions Reduction Credits in OAR 340 division 268.

(5) For PM2.5; inter-pollutant offsets are allowed as follows:

(a) 1 ton of direct PM2.5 may be used to offset 40 tons of SO2;

(b) 1 ton of direct PM2.5 may be used to offset 100 tons of NOx;

(c) 40 tons of SO2 may be used to offset 1 ton of direct PM2.5;

(d) 100 tons of NOx may be used to offset 1 ton of direct PM2.5.

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

OAR 340-224-5010

Requirements for demonstrating Net Air Quality Benefit for Ozone Areas

(1) For sources capable of impacting a designated ozone area:

(a) Offsets for VOC and NOx are required if the source will be located within the designated area or within the Ozone Precursor Distance.

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

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

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

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

(D) Offsets from outside the designated area but within the Ozone Precursor Distance must be from sources affecting the designated area in a comparable manner to the proposed emissions increase. Methods for determining offsets are described in the Ozone Precursor Offsets definition (OAR 340-225-0020(11)).

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

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

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

OAR 340-224-5020

Requirements for Demonstrating Net Air Quality Benefit for Non-Ozone Areas

(1) When directed by the Major and Minor New Source Review rules, sources located within designated areas must get offsets in accordance with sections (2) and (4), or sections (3) and (4). For purposes of this rule, priority sources are sources identified in OAR 340-204-xxxx for the designated area.

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

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

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

Mathematically:

If P = 0% of E, R = 1.20

If P ≥ 20% of E, R = 1.00

If P > 0% E and < 20% of E, R = 1.20 - %P/100

Total offsets required = E x R = O + P

Total offsets must be ≥ E

P = offsets from priority sources identified for the designated area (tons/yr)

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

R = ratio of required offsets to E (fraction)

O = offsets from non-priority sources (tons/yr)

Total Offsets (tons/yr) = P + O ≥ E

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

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

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

If P = 0% of E, R = 1.00

If P ≥ 50% of E, R = %P/100

If P > 0% E and < 50% of E, R = 1.00 - %P/100

Total offsets required = E x R = O + P

P = offsets from priority sources identified for the designated area (tons/yr)

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

R = ratio of required offsets to E (fraction)

O = offsets from non-priority sources (tons/yr)

Total Offsets (tons/yr) = P + O

(4) For the offsets specified in (2) and (3), the owner or operator must conduct dispersion modeling in accordance with division 225 that demonstrates compliance with the criteria in (a) and (c), or the criteria in (b) and (c):

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

(b) the impacts from the emission increases above the source’s netting basis are less than the Class II SIL at any location where DEQ approved ambient monitoring data is available; and

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

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

(B) conduct dispersion modeling of the following emissions:

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

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

(5) When directed by the Major and Minor New Source Review rules, sources locating outside, but impacting a designated area:

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

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

(c) must obtain offsets in accordance with OAR 340-224-5020(3), provided the offsets are demonstrated to have a significant impact on the designated area.

340-224-5030

Additional Offset Provisions for special areas

(1) Klamath Falls: Offsets obtained in accordance with OAR 340-240-0550 and 340-240-0560 for sources locating within or causing significant impact on the Klamath Falls PM2.5 nonattainment or PM10 maintenance areas are exempt from the requirements of OAR 340-224-5020 provided that the proposed major source or major modification would not cause or contribute to a new violation of the national ambient air quality standard. This exemption only applies to the direct PM2.5 or PM10 offsets obtained from residential wood-fired devices in accordance with OAR 340-240-0550 and 340-240-0560. Any remaining emissions from the source that are offset by emission reductions from other sources are subject to the requirements of OAR 340-224-5020, as applicable.

(2) Medford AQMA:

(a)The owner or operator must obtain offsets in accordance with section (2)(b); and

(b) The owner or operator must demonstrate that the source’s emissions increase have an impact less than the PSD Class II increment as follows:

(i) For each pollutant and its precursors, a single source impact analysis is sufficient to show compliance with the PSD Class II increments if modeled impacts from emission increases equal to or greater than a significant emission rate above the netting basis due to the proposed source or modification being evaluated are less than the Class II Significant Impact Levels specified in OAR 340-200-0020, Table 1; or

(ii) The owner or operator of a proposed source or modification must show that modeled impacts from the proposed increased emissions, plus the impacts from emission increases from any other new or modified source approved since the area was designated nonattainment, minus any impacts from emission decreases resulting from offsets, are less than the PSD Class II increments for all averaging times.

SALEM?

jinahar, 2013-02-14T08:31:00Z
Tom Wood example

40 CFR 52.21(b)(41)(ii)(c):  Projected actual emissions:

Shall exclude, in calculating any increase in emissions that results from the particular project, that portion of the unit’s emissions following the project that an existing unit could have accommodated during the consecutive 24-month period used to establish the baseline actual emissions under paragraph (b)(48) of this section and that are also unrelated to the particular

project, including any increased utilization due to product demand growth;

I wonder how EPA will deal with this provision.

For Tom’s case, I think a unit could operate at a higher rate than during the baseline period without being related to any physical change.

However, once the unit itself is modified, how could running at a higher capacity not be related to the physical modification.  The unit is now physically different.

It seems like EPA’s exclusion would only apply to units that do not have any physical changes, but for reasons other than anything related to the overall “project”, they will have emission increases due to utilizing existing capacity after the project is completed.

PCUser, 2013-02-14T08:31:00Z
Need to make sure that the designation of these areas will not require a SIP revision.

PCUser, 2013-02-14T08:31:00Z
Copy this in all designated areas for both major and minor NSR

jinahar, 2013-02-14T08:31:00Z
These were moved to Division 202--0225

Preferred Customer, 2013-02-14T08:31:00Z
Ceilings for PM10

Preferred Customer, 2013-02-14T08:31:00Z
By changing the definition of major source, what does that do to the Medford-Ashland maintenance plan?

Preferred Customer, 2013-02-14T08:31:00Z
Delete? When does division 222 require preconstruction monitoring?

jinahar, 2013-02-14T08:31:00Z
check

jinahar, 2013-02-14T08:31:00Z
But what about (XX) below?

PCUser, 2013-02-14T08:31:00Z
If there is a contingency plan if growth allowances are established in a maintenance plan

PCUser, 2013-02-14T08:31:00Z
Not defined for transitional areas

PCUser, 2013-02-14T08:31:00Z
Fix cross references from maintenance area above

jinahar, 2013-02-14T08:31:00Z
225-0090(2)(a)(D)

jinahar, 2013-02-14T08:31:00Z
225-0090(5)

jinahar, 2013-02-14T08:31:00Z
225-0090(2)(a)(C)

PCUser, 2013-02-14T08:31:00Z
NEED TO ADD NEW AREAS

mfisher, 2013-02-14T08:31:00Z
I added this sentence

mfisher, 2013-02-14T08:31:00Z
(a)  And (b) are my version of the offset ratio reduction

mfisher, 2013-02-14T08:31:00Z
(a)  And (b) are my version of the offset ration reduction.

mfisher, 2013-02-14T08:31:00Z
Remove 5030 and 5040. They are covered by 5020 one way or another.

jinahar, 2013-02-14T08:31:00Z
The old rule has these offsets excempt from:

•  (2)(a)(E) = offsets

•  (2)(b) = < SIL for sources outside NAA

•  (2)(c) = < SIL for inside maintenance or growth allowances

So shouldn’t they be exempt from all of 224-5020?

jinahar, 2013-02-14T08:31:00Z
225-0090(7)