1.  RULE (citation and description): 340-226-0210, particulate emission standards for fuel burning equipment.

2.  PROBLEM(S):

a.  Current rules apply to all sources whether or not more specific requirements apply in other Divisions, NSPS, or NESHAP. Source specific rules are developed taking into consideration process designs and controls so they should take precedents over general standards.

b.  A source can have multiple standards depending on the type of equipment and when it was installed. Including multiple limits in a permit for similar type equipment is confusing.

c.  The 0.2 grain loading limit applies to grandfathered sources that are over 30 years old. These sources should have been modified or replaced by now.

3.  AFFECTED PROGRAMS:

a.  ACDP

b.  Title V Permitting

4.  REGULATORY STREAMLINING (Executive Order Number EO-03-01):

Permitting:  Changes would make it easier to write permits because fewer standards would have to be included in the permits. In addition, multiple standards would not apply to a single piece of equipment or process.

Compliance:  Making the requirements clearer, will make it easier to determine compliance for the both the source and the DEQ. Eliminating the 0.2 grain loading limit will provide equity for the sources.

5.  RULE FIX OPTIONS:

a.  Delete the 0.2 grain loading limit.

b.  Make the 0.1 grain loading limit applicable only to stationary sources that do not have source specific standards.

c.  Specify the compliance test methods and monitoring.

6.  ISSUES:

Statutory authority:  ORS 468.020 and 468A.025

Stringency:  

Eliminating the 0.2 gr/dscf limit will definitely be an increase in stringency. Therefore, it will be necessary to determine how many sources will be affected and possibly include a compliance schedule.

7.  RECOMMENDATIONS:

Rule language:  To be determined later

Degree of difficulty (1 to 10 with 10 the most difficult):  Probably 10 because of the stringency issue.

Stake holder meetings/advisory group:  To be determined, but probably need to involve regulated sources early in the rulemaking process.