1. RULE (citation and description):
OARs 340-208-0500 through -0630
2. PROBLEM(S):
These rules apply only in Clackamas, Columbia, Multnomah and Washington counties. They are generally redundant or ineffective and can be eliminated. There is one exception applicable to ships on the Columbia and Willamette Rivers, for which we propose revisions.
0500, Applicability. No longer needed if remaining rules are deleted/revised.
0510, Exclusions. No longer needed if remaining rules are deleted/revised.
0550, Odor Control Measures. The requirement to use control equipment to reduce odors is ineffective since it does not include an objective definition of odor. The requirement to operate afterburners at 1,400 degrees F is redundant and unnecessary because afterburners can often meet the applicable requirements at lower combustion temperatures.
0560, Storage and Handling of Petroleum Products. This rule is redundant because of other rules that apply to the storage of large volumes of petroleum products.
0570, Ships. This rule is not practically enforceable by DEQ because we generally have no access to ships on the rivers. However, the rule does include a requirement to minimize soot emissions, which would have continued value if it were revised to state that soot blowing is prohibited within the Willamette River and must be minimized in the Columbia River.
0590, Emission Standards -- General. No longer needed if remaining rules are deleted/revised.
0600, Visible Air Contaminant Standards. This opacity standard is somewhat more stringent than the state-wide opacity standard because it specifies a different time period. However, the numeric standard is the same, and sources in compliance with the state-wide standard are also in compliance with this standard.
0610, Particulate Matter Weight Standards. This is an alternate particulate matter standard that is redundant with the statewide 0.1 (or 0.10) gr/dscf standard. In some cases this standard is more stringent, but whenever testing has been required, sources in compliance with the statewide grain loading standard have also been in compliance with this rule. This rule also includes a reference to an obsolete and redundant opacity standard.
0630, Sulfur Dioxide Emission Standard. This rule has no practical value because it excepts the only sources that do emit sulfur dioxide above the standard.
3. AFFECTED PROGRAMS:
Air Quality.
4. REGULATORY STREAMLINING (Executive Order Number EO-03-01):
Permitting: Elimination and/or revision of these rules will eliminate several unnecessary conditions in permits issued to sources in the affected counties.
Compliance:
5. RULE FIX OPTIONS:
Delete all of the listed rules except 0570. Revise 0570 as suggested.
6. ISSUES:
Statutory authority
Stringency (impact on regulated sources) - Does not increase stringincy for any sources, except for ships in the Willamette, which generally do not blow soot anyway.
Environmental backsliding (impact on environment) - Eliminating/revising these rules will have no effect on the environment because they are generally redundant to other state-wide rules.
SIP revision - Appendix 7 (protection of NAAQS and PSD increment)
7. RECOMMENDATIONS:
Rule language
Degree of difficulty (1 to 10 with 10 the most difficult)
Stake holder meetings/advisory group
Clackamas, Columbia, Multnomah, and Washington Counties
340-208-0500
Application
OAR 340-208-0500 through 340-208-0630 apply in Clackamas, Columbia, Multnomah, and Washington Counties.
Stat. Auth.: ORS 468 & ORS 468A
Stats. Implemented: ORS 468A.025
Hist.: DEQ 61, f. 12-5-73, ef. 12-25-73; DEQ 4-1993, f. & cert. ef. 3-10-93; Renumbered from 340-028-0001; DEQ 14-1999, f. & cert. ef. 10-14-99, Renumbered from 340-030-0400; DEQ 2-2001, f. & cert. ef. 2-5-01
340-208-0510
Exclusions
(1) The requirements contained in OAR 340-208-0500 through 340-208-0630 apply to all activities conducted in Clackamas, Columbia, Multnomah, and Washington Counties, other than those for which specific industrial standards have been adopted (Divisions 230, 234, 236, and 238), and except for the reduction of animal matter, OAR 236-0310(1) and (2).
(2) The requirements outlined in OAR 340-208-0500 through 340-208-0630 do not apply to activities related to a domestic residence of four or fewer family-living units.
Stat. Auth.: ORS 468 & ORS 468A
Stats. Implemented: ORS 468A.025
Hist.: DEQ 61, f. 12-5-73, ef. 12-25-73; DEQ 4-1993, f. & cert. ef. 3-10-93; Renumbered from 340-028-0003; DEQ 14-1999, f. & cert. ef. 10-14-99, Renumbered from 340-030-0410; DEQ 2-2001, f. & cert. ef. 2-5-01
340-208-0550
Odor Control Measures
(1) Control apparatus and equipment, using the highest and best practicable treatment currently available, must be installed and operated to reduce to a minimum odor-bearing gases or odor-bearing particulate matter emitted into the atmosphere.
(2) Gas effluents from incineration operations and process after-burners installed under section (1) of this rule must be maintained at a temperature of 1,400° Fahrenheit for at least a 0.5 second residence time, or controlled in another manner determined by the department to be equally or more effective.
Stat. Auth.: ORS 468 & ORS 468A
Stats. Implemented: ORS 468A.025
Hist.: DEQ 61, f. 12-5-73, ef. 12-25-73; DEQ 4-1993, f. & cert. ef. 3-10-93; Renumbered from 340-028-0045; DEQ 14-1999, f. & cert. ef. 10-14-99, Renumbered from 340-030-0450; DEQ 2-2001, f. & cert. ef. 2-5-01
340-208-0560
Storage and Handling of Petroleum Products
(1) In volumes of greater than 40,000 gallons, gasoline or any volatile petroleum distillate or organic liquid having a vapor pressure of 1.5 psia or greater under actual storage conditions must be stored in pressure tanks or reservoirs, or in containers equipped with a floating roof or vapor recovery system or other vapor emission control device.
(2) Gasoline or petroleum distillate tank car or tank loading facilities handling 20,000 gallons per day or more must be equipped with submersible filling devices or other vapor emission control systems.
(3) Gasoline tanks with a capacity of 500 gallons or more that were installed after January 1, 1970 must be equipped with a submersible filling device or other vapor emission control systems.
Stat. Auth.: ORS 468 & ORS 468A
Stats. Implemented: ORS 468A.025
Hist.: DEQ 61, f. 12-5-73, ef. 12-25-73; DEQ 4-1993, f. & cert. ef. 3-10-93; Renumbered from 340-028-0050; DEQ 14-1999, f. & cert. ef. 10-14-99, Renumbered from 340-030-0460; DEQ 2-2001, f. & cert. ef. 2-5-01
340-208-0570
Ships
While in those portions of the Willamette River and Columbia River that pass through or adjacent to Clackamas, Columbia, and Multnomah Counties, each ship is subject to the emission standards and rules for visible emissions and particulate matter size and must minimize soot emissions. The owner, operator or other responsible party must ensure that these standards and requirements are met.
Stat. Auth.: ORS 468 & ORS 468A
Stats. Implemented: ORS 468A.025
Hist.: DEQ 61, f. 12-5-73, ef. 12-25-73; DEQ 4-1993, f. & cert. ef. 3-10-93; Renumbered from 340-028-0055; DEQ 14-1999, f. & cert. ef. 10-14-99, Renumbered from 340-030-0470; DEQ 2-2001, f. & cert. ef. 2-5-01
340-208-0590
Emission Standards -- General
Compliance with any specific emission standard in this Division does not preclude required compliance with any other applicable emission standard or requirement contained in OAR Chapter 340.
Stat. Auth.: ORS 468 & ORS 468A
Stats. Implemented: ORS 468A.025
Hist.: DEQ 61, f. 12-5-73, ef. 12-25-73; DEQ 4-1993, f. & cert. ef. 3-10-93; Renumbered from 340-028-0065; DEQ 14-1999, f. & cert. ef. 10-14-99, Renumbered from 340-030-0490
340-208-0600
Visible Air Contaminant Standards
No person may allow any non-fuel-burning-equipment to discharge any air contaminant that is 20 percent opacity or greater into the atmosphere for a period of or periods totaling more than 30 seconds in any one hour.
Stat. Auth.: ORS 468 & ORS 468A.
Stats. Implemented: ORS 468.020 & ORS 468A.025.
Hist.: DEQ 61, f. 12-5-73, ef. 12-25-73; DEQ 4-1993, f. & cert. ef. 3-10-93; Renumbered from 340-028-0070; DEQ 3-1996, f. & cert. ef. 1-29-96; DEQ 14-1999, f. & cert. ef. 10-14-99, Renumbered from 340-030-0500; DEQ 2-2001, f. & cert. ef. 2-5-01
340-208-0610
Particulate Matter Weight Standards
Except for equipment burning natural gas and liquefied petroleum gas, the maximum allowable emission of particulate matter from any fuel burning equipment:
(1) Is a function of maximum heat input as determined from Figure 1, except that from existing fuel burning equipment utilizing wood residue, it is 0.2 grain, and from new fuel burning equipment utilizing wood residue, it is 0.1 grain per standard cubic foot of exhaust gas, corrected to 12 percent carbon dioxide;
(2) Must not exceed Smoke Spot #2 for distillate fuel and #4 for residual fuel, measured by ASTM D2156-65, "Standard Method for Test for Smoke Density of the Flue Gases from Distillate Fuels".
[ED. NOTE: Figures referenced in this rule are available from the agency.]
[Publications: Publications referenced in this rule are available from the agency.]
Stat. Auth.: ORS 468 & ORS 468A
Stats. Implemented: ORS 468.020 & ORS 468A.025
Hist.: DEQ 61, f. 12-5-73, ef. 12-25-73; DEQ 4-1993, f. & cert. ef. 3-10-93; Renumbered from 340-028-0075; DEQ 3-1996, f. & cert. ef. 1-29-96; DEQ 14-1999, f. & cert. ef. 10-14-99, Renumbered from 340-030-0510; DEQ 2-2001, f. & cert. ef. 2-5-01
340-208-0630
Sulfur Dioxide Emission Standard
For any air contaminant source that may emit sulfur dioxide, no person may cause or permit emission of sulfur dioxide in excess of 1,000 ppm from any air contamination source as measured in accordance with the department's Source Test Manual, except those persons burning natural gas, liquefied petroleum gas, or fuel conforming to provisions of rules relating to the sulfur content of fuels. This rule applies to sources installed, constructed, or modified after October 1, 1970.
[Publications: Publications referenced in this rule are available from the agency.]
Stat. Auth.: ORS 468 & ORS 468A.
Stats. Implemented: ORS 468.020 & ORS 468A.025.
Hist.: DEQ 61, f. 12-5-73, ef. 12-25-73; DEQ 4-1993, f. & cert. ef. 3-10-93; Renumbered from 340-028-0085; DEQ 3-1996, f. & cert. ef. 1-29-96; DEQ 14-1999, f. & cert. ef. 10-14-99, Renumbered from 340-030-0530; DEQ 2-2001, f. & cert. ef. 2-5-01