Division

Rule

Old# New#

Suggested change

Reason/Issues

   

CHECK WITH JERRY AND ANDREA ON DEFINTIONS IN THEIR DIVISIONS AND WHETHER THEY NEED TO BE ADDED HERE.

 

200-0020

(3)(a)(A)

NA

Add exception for (C) in definition of actual emissions for sources that had not begun normal operation during the baseline period but were permitted to construct and operate

This was omitted in the past and needs correction.

200-0020

(3)(C)

NA

Clarify the definition of actual emissions to include sources that were permitted even though they had not begun normal operation

The rules don’t address sources that had not begun normal operations during the baseline year but were permitted to construct and operate

200-0020

NA

(3)(b)

Add a provision for sources that had not begun normal operation during any specified period

The rules don’t address sources that had not begun normal operations during any specified period but were permitted to construct and operate

200-0020

(3)(c)

(3)(d)

Add reference to Division 220

This addition ensures that the procedures for establishing verified emissions factors are followed.

200-0020

NA

(7)(e)

Add aggregate insignificant emissions threshold for PM2.5 in PM2.5 nonattainment areas

This makes PM2.5 consistent with the PM10 threshold, which is 5% of the SER (5 tons) in Medford and other nonattainment areas in older rules. 5% of 10 tons equals 0.5 tons.

200-0020

NA

(13)

Add definition of average operating opacity

Move from Divisions 234 and 240 but move the statement about when a violation occurs to the standards in Divisions 234 and 240.

200-0020

(13)

(14)(a)

Add subsection for regulated pollutants only

Provided clarification that the baseline emission rate only applies to pollutants subject to the New Source Review program. Specifically, HAPs are not subject to NSR, but other there may be other pollutants also not subject to NSR.

200-0020

(13)

(14)(b)

Move the rules in netting basis that apply to the baseline emission rate

The requirements for establishing the baseline emission rate should be in the definition of baseline emission rate, not the netting basis

200-0020

(13)

(14)(b)(D)

Add provision for change to baseline emission rate if material mistake discovered

If an error was made in establishing baseline, a provision for correcting it is needed.

200-0020

(13)

(14)(c)

Add subsection for PM2.5

The baseline emission rate for PM2.5 will be established with the first permit action after the rules are adopted (February 16, 2011).

200-0020

(13)

(14)(d)

Add subsection for GHG

The baseline emission rate for GHG will be established with the first permit action after the rules are adopted (February 16, 2011).

200-0020

(13)

(14)(e)

Add provision for owner/operator to submit corrected information

DEQ has become aware of instances where material mistakes should have been pointed out by sources. This provision will make it a requirement to notify DEQ.

200-0020

(14)

(15)

Add baseline period for PM2.5 and GHG: 2006 and 2007 w/2 year look back

Add provision for newly regulated pollutants, PM2.5 and GHG

200-0020

NA

(19)

Add definition of carbon dioxide equivalent

This definition is consistent with EPA’s Tailoring Rules for purposes of Title V and NSR.

200-0020

(18)

(19)

Replace fuel burning equipment with external combustion devices in the definition lf categorically insignificant activities

The definition of fuel burning equipment is being changed to “external combustion device”

200-0020

NA

(24)

Add definition of collection efficiency

Move from Divisions 236 and 240

200-0020

(31)

(34)

Delete the editorial note about the table not being included with the rules for de minimis emission levels

The Secretary of State will now include links to tables in PDF files

200-0020

NA

(37)

Add definition of direct PM2.5

This definition is needed because is it used in the definition of PM2.5.

200-0020

(41)

(44)

Delete approval of emission factor by EPA or the Department

Discretionary approval should not be allowed. It should be clear what emission factors are being used to calculate emissions. They will be included in the plant site emissions detail sheets

200-0020

NA

(55)

Add definition of external combustion device

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).

200-0020

(53)

(57)

Add GHG threshold of 100,000 tons per year to definition of Federal Major Source

The GHG threshold is based on EPA’s rule.

200-0020

(53)

(57)

Include fugitive emissions in the definition of major modification

Clarify that fugitive emissions should be included in the major new source review applicability

200-0020

(57)

(61)

Delete the editorial note about the table not being included with the rules for generic PSELs

The Secretary of State will now include links to tables in PDF files

200-0020

NA

(62)

Add definition greenhouse gases (GHGs)

This definition is consistent with EPA’s Tailoring Rules for purposes of Title V and NSR.

200-0020

NA

(64)

Add definition of hardboard

Move from Divisions 232, 234, and 240

200-0020

(65)

(71)

Definition of maintenance area different from Division 204

Use Division 204 definition

200-0020

(67)

(73)

Reword definition of major modification

This clarifies the definition and is consistent with EPA rules.

200-0020

(67)(a)

(73)(a)

Clarify that major modification is triggered if the PSEL exceeds the netting basis

This clarifies the definition and is consistent with past implementation of the rules.

200-0020

NA

(73)(a)(A)

Add ozone precursor provisions to definition of major modification

This provision was unintentionally omitted in previous rulemakings.

200-0020

NA

(73)(a)(B)

Add PM2.5 precursor provisions to definition of major modification

PM2.5 precursors can also define a major source

200-0020

(67)(b)(A)

(73)(b)(A)

Include fugitive emissions in the definition of major modification

Clarify that fugitive emissions should be included in the major new source review applicability

200-0020

(67)(c)

(73)(c)

Delete subsection (c) and replace with new language

Subsection (c) was not clear about when sources would trigger NSR with only a 1 ton/year increase. The new subsection (c) specifies the triggers and matches the intent and past interpretation of the rule.

200-0020

(67)(d)(B)

(73)(d)(B)

Delete the exception for pollution control projects

The DC Circuit invalidated the federal exemption from NSR upon which this paragraph is based. It is more lenient than federal requirements.

200-0020

(68)(a)

(74)(a)

Add fugitive emissions to the definition of major source

Fugitive emissions should be included to determine whether a source is major or not.

200-0020

(68)(a)

(74)(a)

Add that potential to emit calculations must include emissions increases due to the new or modified source

Potential to emit calculations of the new or modified source should be included to determine whether a source is major or not.

200-0020

(68)(b)(B)

(74(b)(B)

Add threshold for GHG for Title V for definition of major source

The GHG threshold is based on EPA’s rules.

200-0020

(68)(b)(C)

(74(b)(C)

Exempt GHG from the list of sources that have PTE of 100 tpy of regulated pollutants

The 100 tpy threshold does not apply to GHGs.

200-0020

NA

(78)(a)

Add subsection for regulated pollutants only

Provided clarification that the netting basis only applies to pollutants subject to the New Source Review program. Specifically, HAPs are not subject to NSR, but other there may be other pollutants also not subject to NSR.

200-0020

(72)(a)

NA

Move the rules in netting basis that apply to the baseline emission rate

The requirements for establishing the baseline emission rate should be in the definition of baseline emission rate, not the netting basis

200-0020

(72)

(78)(b)

Add provision for establishing the netting basis for newly regulated pollutants

The netting basis is defined differently for newly regulated pollutants since the baseline period is different.

200-0020

NA

(78)(c)

Add provision for establishing the netting basis for PM2.5

The netting basis for PM2.5 will be established after the rules are adopted.

200-0020

NA

(78)(d)

Add provision for establishing the netting basis for PM2.5

The netting basis for GHG will be established after the rules are adopted.

200-0020

(72)(c)

(78)(e)

Clarify when the netting basis is zero

The changes clarify the instances when the netting basis is zero and matches the intent and past interpretation of the rule.

200-0020

(72)(e)

(78)(g)

Add when changes to the netting basis are effective

The changes clarify the instances when the netting basis and PSEL are reduced and matches the intent and past interpretation of the rule.

200-0020

(74)

(80)

Definition of nonattainment area different from Division 204

Use Division 204 definition

200-0020

NA

(88)

Add definition of ozone precursors

PM2.5 precursors are defined but not ozone precursors

200-0020

NA

(90)

Add definition of particleboard

Move from Divisions 234 and 240

200-0020

(83)

(91)

Change definition of particulate matter

Make consistent with other divisions

200-0020

NA

(92)

Add definition of parts per million

Move from Divisions 230 and 234

200-0020

(89)

(97)

Definition of person different from Division 232

Use definition from Division 232 and move to Division 200

200-0020

(92)

(100)

Change definition of PM2.5

This definition is consistent with EPA’s rules for purposes of Title V and NSR.

200-0020

NA

(104)

Add definition of press/cooling vent

Move from Divisions 234 and 240

200-0020

(98)

(107)

Add part 52 to the CFR citations for reference methods

Appendix M of Part 52 includes reference methods for condensable PM.

200-0020

(100)

(109)

Add GHG and any other pollutant regulated under the Clean Air Act to definition of regulated pollutant

This is a requirement for SIPs. See CFR 51.166(b)(1)(i)(a)

200-0020

(100)(c)

(109)(c)

Clarify the definition of regulated pollutant for pollutants subject to NSR

Ensures that only regulated pollutants with Significant Emission Rates are subject to NSR

200-0020

(126)

(135)

Clarify the definition of significant air quality impact

Significant air quality impact levels are used to protect the ambient air quality impacts and the PSD increments in all Class areas so the definition has been changed to reflect current implementation.

200-0020

(127)

(136)

Add exception for GHG emissions impacting Class I areas.

There is no ambient standard for GHG, so this provision should not apply to GHG emissions.

200-0020

NA

(138)

Add definition of small scale local energy project

House Bill 2952 amended ORS 468A.040 to add an exception for small scale local energy projects regarding net air quality benefit

200-0020

NA

(142)

Add definition of standard cubic foot

Move definition of standard cubic foot from Divisions 208, 226, 228 and incorporate definition of standard conditions

200-0020

NA

(154)

Add definition of veneer

Move from Divisions 234 and 240

200-0020

(144)

(156)

Add propylene carbonate to definition of VOC

This pollutant has been added to the list of volatile organic compounds by the EPA.

200-0020

NA

(157)

Add definition of wigwam waste burner

Move from Divisions 234 and 240

200-0025

NA

(24)

Add CO2e to Abbreviations and Acronyms

CO2e is needed for the definition of greenhouse gases

200-0025

NA

(43)

Add GHG to Abbreviations and Acronyms

GHG is a newly regulated pollutant

200-0025

NA

(85)

Add PM2.5 to Abbreviations and Acronyms

PM2.5 is a newly regulated pollutant

 

 

Division

Rule

Suggested change

Reason/Issues

200

0025

Add the editorial note about the table not being included with the rules

The Secretary of State will now include links to tables in PDF files

200

0040

Change the date for the State Implementation Plan modification

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

200

Table 1

Delete annual significant impact levels for PM10

EPA rescinded the annual PM10 ambient air quality standard and all associated standards

200

Table 1

Add PM2.5 SILs

EPA adopted SILs for PM2.5

200

Table 1

Combine SILs for all air quality areas into one table for all pollutants

Having all SILs in one table will make it easier.

200

Table 2

Add significant emission rate for direct PM2.5

EPA adopted a major source threshold and significant emission rate for PM2.5

200

Table 2

Add significant emission rate for PM2.5 precursors

EPA adopted significant emission rates for PM2.5 precursors

200

Table 2

Add significant emission rate for VOC precursors

EPA already adopted significant emission rates for VOC precursors but these were never added to this table

200

Table 2

Add significant emission rate for GHG

EPA adopted a major source threshold and significant emission rate when it defined GHG as a regulated pollutant

200

Table 3

Add PM2.5 to the Significant Emission Rate table for the Medford-Ashland Air Quality Maintenance Area.

The Medford-Ashland Air Quality Maintenance Area has a lower PM10 significant emission rate because it is a maintenance area. Since PM2.5 is a subset of PM10, it’s significant emission rate should be the same or lower than the PM10 significant emission rate in order to protect air quality in the area.

200

Table 3

Remove the metric significant emission rates in metric units

The conversion from English units to metric units is not exact. This has caused problems in compliance with these limits.

200

Table 3

Remove a significant figure in the significant emission rates (English units)

None of the significant emission rates for the other New Source Review/Prevention of Significant Deterioration pollutants have this many significant figures. The change will make these values consistent with other significant emission rates for the state.

200

Table 4

Add de minimis level for GHG

The de minimis level for GHG is set at a level DEQ thinks is reasonable for GHG. DEQ will evaluate this level upon implementation and make adjustments if necessary.

200

Table 4

Add de minimis levels for PM2.5 in the Medford AQMA

The de minimis levels for PM2.5 are consistent with PM10.

200

Table 4

Add de minimis levels for PM2.5

The de minimis levels for PM2.5 are consistent with PM10.

200

Table 5

Add generic PSEL for PM2.5 and GHG

The Generic PSEL for GHG is based on proposed SER minus de minimis level.

202

0010(1)

Definition of ambient air already in Division 200

Delete and use definition in Division 200

202

0010(4)

Definition of baseline concentration already in Division 225

Deleted and reference in Division 225

202

0010(8)

Definition of PPM already in Divisions 230 and 240

Move to Division 200

202

0060(1)

Delete annual PM10 air quality standard

Rescinded by EPA. Since DEQ is limiting PM2.5 to the filterable portion until 1/1/11, the PM10 annual standard has been retained until this rulemaking. Sources would have to model for PM10 and PM2.5 in the interim.

202

0210

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

202

0210 Table 1

Add PM2.5 increments

Adopted by EPA

202

0210 Table 1

Delete annual PM10 increments (maximum allowable increases)

Rescinded by EPA

202

0210

Delete the editorial note about the table not being included with the rules

The Secretary of State will now include links to tables in PDF files

208

0010(2)

Definition of air contaminant already in Division 200

Delete and use definition in Division 200

208

0010(3)

Definition of emission already in Division 200

Delete and use definition in Division 200

208

0010(4)

Definition of fuel burning equipment different from Division 228 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).

208

0010(5)

Definition of fugitive emissions already in Division 200

Delete and use definition in Division 200

208

0010(12)

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

208

0010(13)

Definition of standard cubic foot different from Division 236 and 240 but same as 228

Use definition in 240 and move to Division 200

208

0100

Exempt fugitive sources from opacity limits

 

Fugitive emission sources are regulated in 0200-0120 (Proposed SIP Implementation Change)

208

0100

Make it so source specific rules in other Divisions, as well as the NSPS and NESHAP, supersede the general requirements.

New Source Performance Standards (NSPS) and National Emission Standard for Hazardous Air Pollutants are specifically written for certain industries. These rules are more stringent than the general permitting requirements. By applying only the industry specific standards, the Department will eliminate confusion and steamline permitting requirements. To address the stringency issue, a requirement that any source exempt from 208-0110 must have a startup/shutdown plan in accordance with 340-314-0340 has been added. This would be equivalent to existing practices in which we exercise enforcement discretion for excess emissions during startup/shutdown (Proposed SIP Implementation Change)

208

0110(1) and (2)

Delete 40% opacity limit and add a compliance date for existing sources.

 

DEQ is proposing the change because of the following reasons:

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

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

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

 EPA’s adoption of a new 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, especially in light of EPA’s plan to reduce the PM2.5 NAAQS even further.

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

208

0110(1) and (2)

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

DEQ is proposing the change because of the following reasons:

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

 Other reasons for changing to a 6 minute average include:

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

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

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

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

208

0110

Add a provision for maintenance for wood-fired boilers and process heaters installed before 1970

Visible emissions during grate cleaning are greater than 20% opacity. Since the 40% opacity limit is being eliminated, a provision for grate cleaning and other maintenance is needed.

208

0110

Add a provision that non-fugitive emissions units exempt from this rule must have a startup/shutdown procedures

Non-fugitive emission units that are subject to source specific rules in other Divisions, as well as the NSPS and NESHAP, must have startup/shutdown procedures approved because these rules do not apply during startup/shutdown (Proposed SIP Implementation Change)

208

0110

Add a test method

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

208

0200

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

Fugitive emissions should be controlled statewide

208

0210(1)

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. (Proposed SIP Implementation Change)

208

0210(2)

Add a definition for particulate fugitive emissions

This clarifies what fugitive emissions entail

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

208

0210(5)

Add requirement for fugitive emission control plan

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

208

0550-0630

Eliminate all of these special requirements for the Portland area

Apply only in Clackamas, Columbia, Multnomah and Washington counties. 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. (Proposed SIP Implementation Change)

210

0225(1)(a) & (c)

Correct spelling of de minimis

Correction

210

0225(1)

Add requirement that changes that are subject to NESHAP or NSPS should not be included as Type 1 changes

Corrects a problem regarding the distinctions between the Type 1 and Type 2 changes. A project that qualifies as a Type 1 change gets default approval to proceed 10 days after receipt of the application.  There have been instances when companies have replaced a NESHAP subject chrome plating line (or lines) with entirely new equipment or have replaced the respective control devices.  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 there is insufficient time to respond to the applicant.  Sixty days should be allowed under the Type 2 criteria for such reviews.  With all of the new area source NESHAP permits, there may be many more similar scenarios.  Change the rule language to bump such changes into the Type 2 category to allow for adequate review time.

210

0225(2)

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

Clarification

210

0230(1)(o)

Remove LUCS

LUCS should only be required for boundary changes or increased emissions. A Notice of Construction does not allow for either.

216

0040(4)

Add requirement for owner/operator to correct permit application upon becoming aware of error

This is a requirement for Title V sources and should be the same for ACDP sources.

216

0064

Correct source category numbers to match Table 1

Correction

216

0064(3)(a)(x)

Add PM2.5 to category 78

Using 5 tons as the threshold for requiring a permit in nonattainment areas provides more protection for the area through source surveillance.

216

0064

Delete the editorial note about the table not being included with the rules

The Secretary of State will now include links to tables in PDF files

216

0020 Table 1, Part B

Add PM2.5 to category 78

Using 5 tons as the threshold for requiring a permit in nonattainment areas provides more protection for the area through source surveillance.

216

Table 1, Part C

Add 100,000 as the threshold for GHG.

The EPA threshold for GHG in the Tailoring Rule is 100,000 metric tons.

216

Table 1, Part C, 5

Exclude GHG and HAPs

100 tons threshold is too low for GHGs and HAPs thresholds are listed in 7 and 8 below.

216

0040

Add requirement for owner/operator to provide relevant information that was omitted or correct application if errors are found

Makes this rule consistent with Title V application requirements.

216

0064(3)(a)(A)(x)

Add PM2.5 to category 78

Makes this rule consistent with Table 1.

222

0020

Exclude toxic air pollutants in division 246 other than those listed in the SER table

This is consistent with the netting basis.

222

0041(3)(c)

Add reference to division 224 for NSR

This is a clarification and consistent with other rules.

224

0010(1)

Add provision that division 224 does not apply to non-federal major sources in attainment or unclassified areas.

This is a clarification.

224

0010(3)

Add a provision sources can continue to use the PM10 Surrogate Policy until EPQ withdraws the policy.

EPA has not yet finalized standards for full implementation of PM2.5 NSR/PSD or withdrawn the PM10 Surrogate Policy.

224

0050(1)(a)

Reformat to be consistent with 224-0060(1)(a)

This is a clarification.

224

0050(3)

Delete federal major source

This section applies to more than just federal major sources.

224

0050(3)(a) and (b)

Add GHG threshold

Need to address NSR pollutants but the threshold for GHG is different than the other NSR pollutants.

224

0060(1)

Add precursors to the list of pollutants subject to BACT

BACT applies to non-attainment pollutants, as well as the precursors.

224

O070(1)(a)

Add provisions limiting BACT to only new or modified units that have actual or potential emission increases equal to or greater than the SER as compared to the portion of the netting basis assigned to the emissions unit.

This change is recommended as a clarification to the rules consistent with how the rules have been applied.

224

0070(2)

Add provision that an air quality analysis is for the pollutant with increases above the SER over the netting basis

This change is recommended as a clarification to the rules consistent with how the rules have been applied.

224

0070(2)(a)

Add provision that increases above the SER for precursors also trigger an analysis of PM2.5.

PM2.5 precursors have to be addressed in attainment and unclassified areas.

224

0070(2)(b)

Change affects to impacts

This is a clarification.

225

0020(12)

Delete the editorial note about the table not being included with the rules

The Secretary of State will now include links to tables in PDF files

225

0030

Delete the editorial note about the table not being included with the rules

The Secretary of State will now include links to tables in PDF files

225

0030(1)

Refer to averaging times by pollutant in Division 202 and delete Table 2.

This table is not necessary since the averaging times are the same as the ambient air quality standard averaging times.

225

0045

Delete the editorial note about the table not being included with the rules

The Secretary of State will now include links to tables in PDF files

225

0045(1)

Clarify that a single source impact analysis is sufficient to show compliance with standards and increments for only the pollutants that trigger PSD

This change is recommended as a clarification to the rules consistent with how the rules have been applied.

225

0050

Delete the editorial note about the table not being included with the rules

The Secretary of State will now include links to tables in PDF files

225

0050(1)

Clarify that a single source impact analysis is sufficient to show compliance with standards and increments for only the pollutants that trigger PSD

This change is recommended as a clarification to the rules consistent with how the rules have been applied.

225

0060

Delete the editorial note about the table not being included with the rules

The Secretary of State will now include links to tables in PDF files

225

0060(2)(a)

Clarify that a single source impact analysis is sufficient to show compliance with standards and increments for only the pollutants that trigger PSD

This change is recommended as a clarification to the rules consistent with how the rules have been applied.

225

0060(2)(a)

Delete the editorial note about the table not being included with the rules

The Secretary of State will now include links to tables in PDF files

225

0060(2)(c)

Clarify that a single source impact analysis is for emission increases equal to or greater than a significant emission rate above the netting basis due to the proposed source or modification

This change is recommended as a clarification to the rules consistent with how the rules have been applied.

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)

225

0090(2)(a)(D)

Add exception to net air quality benefit for small scale local energy projects

House Bill 2952 amended ORS 468A.040 to add an exception for small scale local energy projects regarding net air quality benefit

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)

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.

225

0020 Table

Add K for PM2.5

K is a pollutant specific constant for determining the range of influence of a competing source.

225

Table 1

Delete Table 1

Class I Significant Impact Levels are being added to Table I in Division 200

226

0010(1)

Definition of new source different from Division 208

Incorporate dates for new and existing sources into rule

226

0010(2)

Delete definition of particulate matter already in Division 200

Delete and use Division 200 definition

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

226

0010(6)

Definition of standard cubic foot different from Division 236 and 240

Use definition in 240 and move to Division 200

226

0120

Change all instances of fuel burning equipment to external combustion devices

This is consistent with the change to the definition of fuel burning equipment

226

0210

Make it so source specific rules in other Divisions, as well as the NSPS and NESHAP, supersede the general requirements.

New Source Performance Standards (NSPS) and National Emission Standard for Hazardous Air Pollutants are specifically written for certain industries. These rules are more stringent than the general permitting requirements. By applying only the industry specific standards, the Department will eliminate confusion and steamline permitting requirements. (Proposed SIP Implementation Change)

226

0210(1) & (2)

Change 0.2 gr/dscf and 0.1 gr/dscf to 0.20 and 0.10 and add compliance schedule

This change is based on 06/06/90 EPA guidance and also to help meet the new PM2.5 ambient air quality standard.

226

0300 though 0320

Eliminate the process weight limit

DEQ proposes to repeal OAR 340-226-0300 through 0320 because it has limited applicability and because other rules make this rule largely redundant.

228

0020(1)

Delete definition of ASTM already in Division 200

Delete and use definition in Division 200

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).

228

0020(5)

Delete definition of new source and include dates in 228-0200 and 228-0120

Incorporate dates for new sources into rule

228

0020(7)

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

228

0020(8)

Definition of standard cubic foot different from Division 236 and 240

Use definition in 240 and move to Division 200

228

0200

Exempt sources subject to source specific standards in other Divisions, NSPS (division 238), or NESHAP (division 244).

New Source Performance Standards (NSPS) and National Emission Standard for Hazardous Air Pollutants are specifically written for certain industries. These rules are more stringent than the general permitting requirements. By applying only the industry specific standards, the Department will eliminate confusion and steamline permitting requirements. (Proposed SIP Implementation Change)

228

0200(3)

Add a provision that emissions units exempt from this rule must have a startup/shutdown procedures

Emission units that are subject to source specific rules in other Divisions, as well as the NSPS and NESHAP, must have startup/shutdown procedures approved because these rules do not apply during startup/shutdown (Proposed SIP Implementation Change)

228

0210

Exempt sources subject to source specific standards in other Divisions, NSPS (division 238), or NESHAP (division 244).

New Source Performance Standards (NSPS) and National Emission Standard for Hazardous Air Pollutants are specifically written for certain industries. These rules are more stringent than the general permitting requirements. By applying only the industry specific standards, the Department will eliminate confusion and steamline permitting requirements. (Proposed SIP Implementation Change)

228

0210(1)

Change 0.2 and 0.1 gr/dscf limit to 0.20 and 0.10 gr/dscf.

This change is based on 06/06/90 EPA guidance and also to help meet the new PM2.5 ambient air quality standard.

228

0210(3)

Add test method

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

228

0210(4)

Add date for compliance.

This change is based on 06/06/90 EPA guidance and also to help meet the new PM2.5 ambient air quality standard.

228

0210(5)

Add a provision that emissions units exempt from this rule must have a startup/shutdown procedures

Emission units that are subject to source specific rules in other Divisions, as well as the NSPS and NESHAP, must have startup/shutdown procedures approved because these rules do not apply during startup/shutdown (Proposed SIP Implementation Change)

228

0300

Update federal reference for 40 CFR Parts 72, 75 and 76 from July 1, 2006

Changes adopted on July 2, 2010

 

232

0030(19)

Definition of emission unit different from Division 200

Delete and use Division 200 definition

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

232

0030(42)

Definition of major modification different from Division 200

Delete and use Division 200 definition

232

0030(43)

Definition of major source different from Division 200

Delete and use Division 200 definition

232

0030(54)

Definition of person different from Division 200

Use definition from Division 232 and move to Division 200

232

0030(57)

Definition of potential to emit different from Division 200

Delete and use Division 200 definition

232

0030(68)

Definition of source different from Division 200

Delete and use Division 200 definition

232

0030(69)

Definition of source category different from Division 200

Delete and use Division 200 definition

234

0010(1)

Definition of acid absorption tower no longer needed

These sources no longer exist in the state. If a new source did build a facility, New Source Review, New Source Performance Standards and MACT would apply. These rules would be more stringent than the existing rules. (Proposed SIP Implementation Change)

234

0010(2)

Definition of acid plant no longer needed

These sources no longer exist in the state. If a new source did build a facility, New Source Review, New Source Performance Standards and MACT would apply. These rules would be more stringent than the existing rules. (Proposed SIP Implementation Change)

234

0010(3)

Definition of average daily emission no longer needed

These sources no longer exist in the state. If a new source did build a facility, New Source Review, New Source Performance Standards and MACT would apply. These rules would be more stringent than the existing rules. (Proposed SIP Implementation Change)

234

0010(4)

Definition of average daily production no longer needed

These sources no longer exist in the state. If a new source did build a facility, New Source Review, New Source Performance Standards and MACT would apply. These rules would be more stringent than the existing rules. (Proposed SIP Implementation Change)

234

0010(5)

Definition of average operating opacity same as Division 240

Move to Division 200

234

0010(7)

Definition of blow system no longer needed

These sources no longer exist in the state. If a new source did build a facility, New Source Review, New Source Performance Standards and MACT would apply. These rules would be more stringent than the existing rules. (Proposed SIP Implementation Change)

234

0010(11)

Definition of continuous-flow conveying system no longer needed

This definition is not used in this division.

234

0010(13)

Definition of Department already in Division 200

Delete and use Division 200 definition

234

0010(14)

Definition of emission different from Division 200

Delete and use Division 200 definition

234

0010(15)

Definition of EPA Method 9 same as Division 240

Move to Division 200

234

0010(16)

Delete definition of fuel moisture content.

Incorporated language into OAR 340-234-0510(1)(c)(A) and (B)

234

0010(17)

Definition of fugitive emissions different from Division 200 and 236, same as Division 240

Delete and use Division 200 definition

234

0010(18)

Definition of hardboard different from Division 232 but same as Division 240

Use definition from Division 234 and move to Division 200

234

0010(21)

Definition of maximum opacity same as Division 240

Move to Division 200

234

0010(23)

Definition of neutral sulfite semi-chemical (NSSC) pulp mill no longer needed

These sources no longer exist in the state. If a new source did build a facility, New Source Review, New Source Performance Standards and MACT would apply. These rules would be more stringent than the existing rules. (Proposed SIP Implementation Change)

234

0010(27)

Definition of particle board same as Division 240

Move to Division 200

234

0010(28)

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.

234

0010(29)

Definition of parts per million same as Division 230

Move to Division 200

234

0010(30)

Definition of person already in Division 200

Delete and use Division 200 definition

234

0010(32)

Definition of press cooling vent same as Division 240

Move to Division 200

234

0010(39)

Definition of spent liquor incinerator no longer needed

These sources no longer exist in the state. If a new source did build a facility, New Source Review, New Source Performance Standards and MACT would apply. These rules would be more stringent than the existing rules. (Proposed SIP Implementation Change)

234

0010(42)

Definition of sulfite mill no longer needed

These sources no longer exist in the state. If a new source did build a facility, New Source Review, New Source Performance Standards and MACT would apply. These rules would be more stringent than the existing rules. (Proposed SIP Implementation Change)

234

0010(43)

Definition of sulfur oxides no longer needed

These sources no longer exist in the state. If a new source did build a facility, New Source Review, New Source Performance Standards and MACT would apply. These rules would be more stringent than the existing rules. (Proposed SIP Implementation Change)

234

0010(44)

Definition of total reduced sulfur already Division 200

Delete and use Division 200 definition

234

0010(45)

Definition of veneer same as Division 240

Move to Division 200

234

0010(46)

Definition of wigwam fired burner (not used) same as definition of wigwam waste burner in Division 240

Move to Division 200

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.

234

0300-0360

Delete neutral sulfite semi-chemical pulp mill rules

These sources no longer exist in the state. If a new source did build a facility, New Source Review, New Source Performance Standards and MACT would apply. These rules would be more stringent than the existing rules. (Proposed SIP Implementation Change)

234

0400-0430

Delete sulfite pulp mill rules

These sources no longer exist in the state. If a new source did build a facility, New Source Review, New Source Performance Standards and MACT would apply. These rules would be more stringent than the existing rules. (Proposed SIP Implementation Change)

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).

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.

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).

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).

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).

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).

234

0540

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

236

0010(1)

Delete definition of all sources

No longer needed since primary aluminum and ferronickel rules are being repealed

236

0010(2)

Delete definition of annual average

No longer needed since primary aluminum rules are being repealed

236

0010(3)

Delete definition of anode baking plant

No longer needed since primary aluminum rules are being repealed

236

0010(4)

Delete definition of anode plant

No longer needed since primary aluminum rules are being repealed

236

0010(5)

Delete definition of average dry laterite ore production rate

No longer needed since ferronickel rules are being repealed

236

0010(6)

Definition of collection efficiency different from Division 240

Use Division 240 definition and move to Division 200

236

0010(7)

Definition of Commission different from Division 200

Delete and use Division 200 definition

236

0010(8)

Delete definition of cured forage

No longer needed since primary aluminum rules are being repealed

236

0010(9)

Definition of Department different from Division 200

Delete and use Division 200 definition

236

0010(11)

Delete definition of average dry laterite ore

No longer needed since ferronickel rules are being repealed

236

0010(12)

Definition of emission different from Division 200, same as Division 240

Delete and use Division 200 definition

236

0010(14)

Delete definition of ferronickel

No longer needed since ferronickel rules are being repealed

236

0010(15)

Delete definition of fluorides

No longer needed since primary aluminum rules are being repealed

236

0010(16)

Delete definition of forage

No longer needed since primary aluminum rules are being repealed

236

0010(17)

Definition of fugitive emissions different from Division 200, 234, 240

Delete and use Division 200 definition

236

0010(19)

Delete definition of laterite ore

No longer needed since ferronickel rules are being repealed

236

0010(20)

Delete definition of monthly average

No longer needed since primary aluminum rules are being repealed

236

0010(21)

Definition of particulate matter different from Division 200, 234, 238, 240

Move to Division 200

236

0010(22)

Delete definition of primary aluminum plant

No longer needed since primary aluminum rules are being repealed

236

0010(24)

Delete definition of pot line primary emission control systems

No longer needed since primary aluminum rules are being repealed

236

0010(26)

Delete definition of pot line regularly schedule monitoring

No longer needed since primary aluminum rules are being repealed

236

0010(27)

Definition of source test already in Division 200

Delete and use Division 200 definition

236

0010(28)

Definition of standard cubic foot different from Division 236 and 240

Use definition in 240 and move to Division 200

236

0100-0150

Delete primary aluminum standards

These sources no longer exist in the state. If a new source did build a facility, New Source Review, New Source Performance Standards and MACT would apply. These rules would be more stringent than the existing rules. (Proposed SIP Implementation Change)

236

0200-0230

Delete laterite ore production of ferronickel rules

These sources no longer exist in the state. If a new source did build a facility, New Source Review, New Source Performance Standards and MACT would apply. These rules would be more stringent than the existing rules. (Proposed SIP Implementation Change)

236

0410

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. (Proposed SIP Implementation Change)

236

0410

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.

236

0410(3)

Add test method

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

236

 

0420

Delete “Other Established Air Quality Limitations”

Make it so source specific rules in other Divisions, as well as the NSPS and NESHAP, supersede the general requirements. Other Established Air Quality Limitations refer to general requirements. (Proposed SIP Implementation Change)

240

0030(1)

Definition of air contaminant already in Division 200

Delete and use Division 200 definition

240

0030(3)

Definition of average operating opacity same as Division 234

Move to Division 200

240

0030(4)

Delete definition of charcoal producing plant

No longer needed since Charcoal Producing Plant rules are being repealed

240

0030(5)

Definition of collection efficiency different than Division 236

Use Division 240 definition and move to Division 200

240

0030(6)

Definition of Department already in Division 200

Delete and use Division 200 definition

240

0030(9)

Definition of dry standard cubic foot different from standard cubic foot in Division 236

Use definition of standard cubic foot and Move to Division 200

240

0030(10)

Definition of emission different from Division 200, same as Division 234

Delete and use Division 200 definition

240

0030(11)

Definition of EPA Method 9 same as Division 234

Move to Division 200

240

0030(12)

Definition of facility different from Division 238

Move to Division 200 but make exception for Division 238 NSPS definition

240

0030(13)

Definition of fuel burning equipment different than Division 208 and 228

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).

240

0030(11) and (12)

Delete definitions of fuel moisture content.

Incorporated language into OAR 340-240-0120(1)(e) and (f)

240

0030(16)

Definition of fugitive emissions different from Division 200 and 236, same as Division 234

Delete and use Division 200 definition

240

0030(18)

Definition of hardboard different from Division 232 but same as Division 234

Use definition from Division 234 and Division 240 and move to Division 200

240

0030(22)

Definition of lowest achievable emission rate already in Division 200

Delete and use Division 200 definition

240

0030(23)

Move definition of maximum opacity to Division 200, same as Division 234

Move to Division 200

240

0030(29)

Delete definition of offset

This definition refers to the definition in Division 200

240

0030(32)

Definition of particle board same as Division 234

Move to Division 200

240

0030(33)

Definition of particulate matter different from Division 200, 234, 236, 238

Move to Division 200.

240

0030(34)

Definition of person already in Division 200

Delete and use Division 200 definition

240

0030(35)

Definition of press cooling vent same as Division 234

Move to Division 200

240

0030(37)

Definition of source different from Division 200

Delete and use definition in Division 200

240

0030(38)

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

240

0030(39)

Definition of veneer same as Division 234

Move to Division 200

240

0030(42)

Definition of wigwam fired burner (not used) same as definition of wigwam waste burner in Division 234

Delete and move definition of wigwam waste burner to Division 200

240

0120(1)(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.

240

0120(1)(e) and (f)

Incorporate fuel moisture content into rule and add test method

This clarifies the requirement

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).

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).

240

0170

Delete Charcoal Producing Plant rules

These sources no longer exist in the state outside of Lane County. If a new source did build a facility, New Source Review would apply. These rules would be more stringent than the existing rules. (Proposed SIP Implementation Change)

240

0220(1)(b) and (e)

Delete dates in the past

The required testing dates are already past

240

0220(1)(b)

Delete requirement for source testing of charcoal producing plant

These sources no longer exist in the state outside of Lane County. If a new source did build a facility, New Source Review would apply. These rules would be more stringent than the existing rules. (Proposed SIP Implementation Change)

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.