OLD artglass2016 revised rules

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Note: DEQ is proposing to make the current, temporary colored art glass manufacturing facility rules (included below) permanent. Therefore, there is no deleted, inserted, or removed text.

DEPARTMENT OF ENVIRONMENTAL QUALITY

DIVISION 244

OREGON FEDERAL AND STATE HAZARDOUS AIR POLLUTANT PROGRAM

General Provisions for Stationary Sources

340-244-0010

Policy and Purpose

The Environmental Quality Commission finds that certain air contaminants for which there are no ambient air quality standards may cause or contribute to an identifiable and significant increase in mortality or to an increase in serious irreversible or incapacitating reversible illness or to irreversible ecological damage, and are therefore considered to be hazardous air pollutants. It shall be the policy of the Commission that no person may cause, allow, or permit emissions into the ambient air of any hazardous substance in such quantity, concentration, or duration determined by the Commission to be injurious to public health or the environment. The purpose of this Division is to establish emissions limitations on sources of these air contaminants. In order to reduce the release of these hazardous air pollutants and protect public health and the environment, it is the intent of the Commission to adopt by rule within this Division the source category specific requirements that are promulgated by the EPA, and state standards to reduce the release of these hazardous air pollutants. Furthermore, it is hereby declared the policy of the Commission that the standards contained in this Division are considered minimum standards, and as technology advances, protection of public health and the environment warrants, more stringent standards may be adopted and applied.

Stat. Auth.: ORS 468.020 & 468A.310
Stats. Implemented: ORS 468A.025
Hist.: DEQ 13-1993, f. & cert. ef. 9-24-93; DEQ 14-1999, f. & cert. ef. 10-14-99, Renumbered from 340-032-0100; DEQ 4-2016(Temp), f. & cert. ef. 4-21-16 thru 10-17-16

Colored Art Glass Manufacturing Facility Rules

340-244-9000

Applicability and Jurisdiction

(1) OAR 340-244-9000 through 9090 apply in all areas of the state.

(2) Subject to the requirements in this division and OAR 340-200-0010(3), LRAPA is designated by the EQC to implement OAR 340-244-9000 through 9090 within its area of jurisdiction.

(3) Notwithstanding OAR 340 Division 246, OAR 340-244-9000 through 9090 apply to colored art glass manufacturers (CAGMs).

(4) On and after <insert the effective date>, a CAGM that is or becomes a Tier 1 or Tier 2 CAGM remains subject to these rules until such time as the production of colored art glass decreases to less than 1 ton in any 12 consecutive month period.

Stat. Auth.: ORS 468.020, 468A.025, & 468A.040
Stats. Implemented: ORS 468A.025, & 468A.040
Hist.: DEQ 4-2016(Temp), f. & cert. ef. 4-21-16 thru 10-17-16

340-244-9010

Definitions

The definitions in OAR 340-200-0020 and this rule apply to OAR 340-244-9000 through 9090. If the same term is defined in this rule and 340-200-0020, the definition in this rule applies to this division.

(1) “Colored art glass” means glass, including clear glass, made from raw materials that contain one or more glass-making HAPs, or a combination of raw materials that contain one or more glass-making HAPs and cullet, for use in art, architecture, interior design and other similar decorative applications.

(2) “Colored Art Glass Manufacturer” or “CAGM” means a facility described in subsection (a) or (b) and refers to the owner or operator of such a facility when the context requires.

(a) A facility that manufactures any amount of colored art glass, for use in art, architecture, interior design and other similar decorative applications, or

(b) A facility that manufactures any amount of colored art glass for use by colored glass manufacturers for use in art, architecture, interior design and other similar decorative applications.

(c) For the purpose of this definition, the process of manufacturing glass involves mixing raw materials or a combination of raw materials and cullet; placing the mixture in a glass-making furnace; heating the mixture until the components of the mixture melt; holding the mixture at high temperature for a period of time (refining); and removing the product (glass) for shaping and cooling. Manufacturing glass does not include reheating one or more previously manufactured glasses to the point where the glass is soft enough for glassworking operations, such as kilnwork, lampwork, fusing or glassblowing.

(3) “Chromium III” means chromium in the +3 oxidation state, also known as trivalent chromium.

(4) “Chromium VI” means chromium in the +6 oxidation state, also known as hexavalent chromium.

(5) “Chromium”, without a following roman numeral, means chromium in any oxidation state.

(6) “Controlled” means the glass-making furnace emissions are treated by an emission control device approved by DEQ.

(7) “Cullet” means recycled glass that is mixed with raw materials and charged to a glass-making furnace to produce glass. Cullet does not include glass materials that meet the definition of raw materials. Cullet is not considered to be a raw material.

(8) “Emission control device” means control device as defined in OAR 340 Division 200.

(9) “Fuel-heated glass-making furnace” means a glass-making furnace that derives all or part of its heat input from the combustion of a fuel.

(10) “Glass-making furnace” means a refractory-lined vessel in which raw materials are charged and melted at high temperature to produce molten glass.

(11) “Glass-making HAP” or “glass-making HAPs” means any of the following HAPs in any form, such as the pure element, in compounds or mixed with other materials:arsenic, cadmium, chromium, cobalt, lead, manganese, nickel and selenium.

(12) “Raw material” means:

(a) Substances that are intentionally added to a glass manufacturing batch and melted in a glass-making furnace to produce glass, including but not limited to:

(A) Minerals, such as silica sand, limestone, and dolomite;

(B) Inorganic chemical compounds, such as soda ash (sodium carbonate), salt cake (sodium sulfate), and potash (potassium carbonate);

(D) Ores of glass-making HAPs, such as chromite and pyrolusite.

(b) Glass-making HAPs that are naturally-occurring trace constituents or contaminants of other substances are not considered to be raw materials.

(c) Raw material includes materials that contain glass-making HAPs in amounts that materially affect the properties of the finished product, such as color or bubbles, whether in the form of a powder, glassified, vitrified, or in some other form. (For example, one pound of cadmium sulfide may be used in a glass formulation for the purpose of achieving a particular color throughout the final glass product. The pound of cadmium sulfide may be added in powder form, or in a glassified or vitrified form; all of these are raw materials.)

(d) Cullet and material that is recovered from a glass-making furnace control device for recycling into the glass formulation are not considered to be raw materials.

(13) “Tier 1 CAGM” means a CAGM that produces colored art glass, in glass-making furnaces that are only electrically heated, at the rate of 5 tons or more but less than 100 tons in any 12-consecutive month period. For the purpose of this definition, a CAGM becomes a Tier 1 CAGM on the last day of that month in which CAG production equals or exceeds the production threshold over the previous 12 months including that month, and the other terms of this definition are also met.(14) “Tier 2 CAGM” means a CAGM that meets the criteria in subsections (a) or (b). For the purpose of this definition, a CAGM becomes a Tier 2 CAGM on the last day of that month in which CAG production equals or exceeds the production threshold over the previous 12 months including that month, and the other terms in subsection (a) or (b) are also met.

(a) A CAGM that produces colored art glass, in fuel-heated or a combination of fuel- and electrically-heated glass-making furnaces, at the rate of 5 tons or more in any 12-consecutive month period; or

(b) Produces colored art glass, in any type of glass-making furnaces, at the rate of 100 tons or more in any 12-consecutive month period.

(15) “Total chromium” means chromium in all oxidation states.

(18) “Uncontrolled” means the glass-making furnace emissions are not treated by an emission control device approved by DEQ.

(16) “Week” means Sunday through Saturday.

Stat. Auth.: ORS 468.020, 468A.025, & 468A.040
Stats. Implemented: ORS 468A.025, & 468A.040
Hist.: DEQ 4-2016(Temp), f. & cert. ef. 4-21-16 thru 10-17-16

340-244-9015

Compliance Extensions

A CAGM may request, and DEQ may grant, an extension of up to 12 months to the compliance dates for installation of emission control systems if the CAGM cannot meet the compliance date for reasons beyond their reasonable control.

340-244-9020

Permit Required

(1) Tier 1 and Tier 2 CAGMs must obtain a permit as required by this rule. Where the rule specifies that a CAGM must obtain a permit, the CAGM must obtain a permit on or before the required date. Where the rule specifies that a CAGM must apply for a permit, the CAGM must apply for a permit on or before the required date, and provided that a complete application is submitted on or before the required date:

(a) Is deemed to be in compliance with the requirement to obtain a permit;

(b) May continue to operate in compliance with these rules, as applicable; and

(2) The permit category for a permit required under this rule is OAR 340-216-8010 Table 1, Part B, category #84, unless a permit was required under a different category, or DEQ establishes a category for CAGMs or determines another category is more appropriate.

(3) Within the Portland AQMA:

(a) A Tier 1 CAGM that began operating before October 1, 2016 must apply for a permit by October 1, 2016;

(b) A Tier 2 CAGM that began operating before September 1, 2016 must apply for a permit by September 1, 2016;

(c) A CAGM that began construction before September 1, 2016, but did not begin operating before September 1, 2016, must apply for a permit on or before the date upon which the CAGM becomes a Tier 1 or Tier 2 CAGM. If construction is halted for 6 months or more, the CAGM may not resume construction until it has obtained a permit under subsection (d).

(d) A CAGM that begins construction on or after September 1, 2016, must obtain a permit before it becomes a Tier 1 or Tier 2 CAGM.

(4) Outside the Portland AQMA:

(a) A Tier 1 CAGM that began operating before October 1, 2016 must apply for a permit by April 1, 2017;

(b) A Tier 2 CAGM that began operating before September 1, 2016 must apply for a permit by April 1, 2017;

(d) A CAGM that begins construction on or after September 1, 2016, must obtain a permit before it becomes a Tier 1 or Tier 2 CAGM.

Stat. Auth.: ORS 468.020, 468A.025, & 468A.040
Stats. Implemented: ORS 468A.025, & 468A.040
Hist.: DEQ 4-2016(Temp), f. & cert. ef. 4-21-16 thru 10-17-16

340-244-9030

Requirements That Apply To Tier 2 CAGMs

(1) Inside the Portland AQMA:

(a) On and after September 1, 2016, a Tier 2 CAGM that began operating as a Tier 2 CAGM on or before September 1, 2016 may not use raw materials containing any of the following glass-making HAPs in uncontrolled glass-making furnaces: arsenic, cadmium, chromium and lead.

(b) On and after February 1, 2018, a Tier 2 CAGM that began operating as a Tier 2 CAGM on or before September 1, 2016 may not use raw materials containing any of the following glass-making HAPs in uncontrolled glass-making furnaces: arsenic, cadmium, chromium, cobalt, lead, manganese, nickel and selenium.

(c) A CAGM that becomes a Tier 2 CAGM after September 1, 2016, may not use raw materials containing any of the following glass-making HAPs in uncontrolled glass-making furnaces: arsenic, cadmium, chromium, cobalt, lead, manganese, nickel and selenium.

(2) Outside the Portland AQMA:

(a) On and after April 1, 2017, Tier 2 CAGMs that began operating as Tier 2 CAGMS on or before April 1, 2017 may not use raw materials containing any of the following glass-making HAPs in uncontrolled glass-making furnaces: arsenic, cadmium, chromium and lead.

(b) On and after October 1, 2018, Tier 2 CAGMs that began operating as Tier 2 CAGMS on or before April 1, 2017 may not use raw materials containing any of the following glass-making HAPs in uncontrolled glass-making furnaces: arsenic, cadmium, chromium, cobalt, lead, manganese, nickel and selenium.

(c) A CAGM that becomes a Tier 2 CAGM after April 1, 2016, may not use raw materials containing any of the following glass-making HAPs in uncontrolled glass-making furnaces: arsenic, cadmium, chromium, cobalt, lead, manganese, nickel and selenium.

Stat. Auth.: ORS 468.020, 468A.025, & 468A.040
Stats. Implemented: ORS 468A.025, & 468A.040
Hist.: DEQ 4-2016(Temp), f. & cert. ef. 4-21-16 thru 10-17-16

340-244-9040

Chromium Usage Restrictions That Apply To Tier 2 CAGMs

(1) On and after the applicable compliance date in subsections (a) or (b), a Tier 2 CAGM may only use raw materials containing chromium as allowed in subsections (c) or (d).

(a) Inside the Portland AQMA the compliance date is September 1, 2016;

(b) Outside the Portland AQMA the compliance date is April 1, 2017;

(c) On and after the applicable compliance date specified in subsection (a) or (b), chromium may only be used in glass-making furnaces that are controlled by an emission control device approved by DEQ, and only after DEQ has approved annual and daily maximum chromium usage rates that will prevent the source impacts from exceeding either of the following:

(A) An annual acceptable source impact level for chromium VI concentration of 0.08 nanograms per cubic meter at the nearest sensitive receptor approved by DEQ. Sensitive receptors include, but are not limited to: residences, hospitals, schools, daycare facilities, elderly housing and convalescent facilities; and

(B) A daily acceptable source impact level for chromium VI concentration of 5 nanograms per cubic meter at any off-site modeled receptor.

(d) Chromium may be used in glass-making furnaces that are controlled by an emission control device approved by DEQ for the purpose of conducting the emissions testing under section (2). Such use must be limited to only the amounts required to perform the testing.

(2) A Tier 2 CAGM may request that DEQ approve annual and daily maximum allowable usage rates for total chromium, chromium III, chromium VI or any combination of these. The requirements for establishing maximum allowable usage rates are:

(a) Determine one or more chromium VI emission rates using one or more of the procedures specified in subparagraphs (A) through (C).

(A) For use of chromium in any oxidation state, determine the total chromium emission rate using the source test requirements in section (4) and assume that only chromium VI is emitted when chromium in any oxidation state is used.

(B) For use of chromium III, determine a specific chromium VI emission rate when using chromium III using the source test requirements in section (5).

(C) For use of chromium VI, determine a specific chromium VI emission rate when using chromium VI using the source test requirements in section (5).(b) Perform the dispersion modeling in section (6) to establish annual and daily maximum usage rates based on the modeled source impacts. The modeled source impacts must not exceed the acceptable source impact levels set forth in section (1).

(c) If multiple chromium VI emission rates are determined under subsection (a), the maximum usage rates may vary depending on the oxidation states of the chromium used at any particular time, provided the source impacts do not exceed the acceptable source impact levels set forth in section (1).

(3) After DEQ establishes the maximum allowable chromium usage rates for a CAGM’s glass-making furnace or furnaces, the CAGM must comply with the rates DEQ establishes.

(4) A source test performed under paragraph (2)(a)(A) must be performed as specified below:

(A) Test using EPA Method 29 or an equivalent DEQ-approved method and report the results for all test analytes;

(B) Submit a source test plan detailing the approach to DEQ for approval;

(D) Test while making a glass that contains a high percentage of chromium as compared to other formulas used by the CAGM; and

(E) Keep records of the amount and oxidation state of chromium used in the formulations that are produced during the source test runs, as well as other operational parameters identified in the source test plan.

(5) A source test performed under paragraph (2)(a)(B) or (2)(a)(C) must be performed as specified below:

(A) Test using DEQ-approved protocols and methods for total chromium and chromium VI using a DEQ-approved testmethod and submit a source test plan detailing the approach to DEQ for approval;

(B) Test for chromium and chromium VI at the outlet of the emission control device on a controlled glass-making furnace;

(C) Test while making a glass that DEQ agrees is made under the most oxidizing combustion conditions and that contains a high percentage of chromium III as compared to other formulas used by the CAGM; and

(D) Keep records of the amount and oxidation state of chromium used in the formulations that are produced during the source test runs, as well as other operational parameters identified in the source test plan.

(6) Dispersion modeling to determine maximum annual and daily chromium usage rates must be performed as follows:

(A) Submit a modeling protocol for DEQ approval;

(B) Use models and protocols approved by DEQ;

(D) Establish maximum chromium usage rates so that the source impact will not exceed either of the acceptable source impact levels specified in section (1).

(7) Each Tier 2 CAGM must keep daily records of all glass formulations produced and, until such time as the Tier 2 CAGM has installed all emission control devices required under OAR 340-244-9030, provide to DEQ a weekly report of the daily amount of each glass-making HAP used.

Stat. Auth.: ORS 468.020, 468A.025, & 468A.040
Stats. Implemented: ORS 468A.025, & 468A.040
Hist.: DEQ 4-2016(Temp), f. & cert. ef. 4-21-16 thru 10-17-16

340-244-9050

Requirements That Apply To Tier 1 CAGMs

(1) Inside the Portland AQMA:

(a) On and after October 1, 2016, a Tier 1 CAGM that began operating as a Tier 1 CAGM on or before October 1, 2016 may not use raw materials containing any of the following glass-making HAPs in uncontrolled glass-making furnaces: arsenic, cadmium, chromium, lead, manganese, and nickel.

(b) On and after February 1, 2018, a Tier 1 CAGM that began operating as a Tier 1 CAGM on or before October 1, 2016 may not use raw materials containing any of the following glass-making HAPs in uncontrolled glass-making furnaces: arsenic, cadmium, chromium, cobalt, lead, manganese, nickel and selenium.

(c) A CAGM that becomes a Tier 1 CAGM after October 1, 2016 may not use raw materials containing any of the following glass-making HAPs in uncontrolled glass-making furnaces: arsenic, cadmium, chromium, cobalt, lead, manganese, nickel and selenium.

(2) Outside the Portland AQMA:

(a) On and after April 1, 2016, a Tier 1 CAGM that began operating as a Tier 1 CAGM on or before October 1, 2016 may not use raw materials containing any of the following glass-making HAPs in uncontrolled glass-making furnaces: arsenic, cadmium, chromium, lead, manganese, and nickel.

(b) On and after October 1, 2018, a Tier 1 CAGM that began operating as a Tier 1 CAGM on or before October 1, 2016 may not use raw materials containing any of the following glass-making HAPs in uncontrolled glass-making furnaces: arsenic, cadmium, chromium, cobalt, lead, manganese, nickel and selenium.

Stat. Auth.: ORS 468.020, 468A.025, & 468A.040
Stats. Implemented: ORS 468A.025, & 468A.040
Hist.: DEQ 4-2016(Temp), f. & cert. ef. 4-21-16 thru 10-17-16

340-244-9070

Emission Control Device Requirements

(1) Each emission control device used to comply with this rule must meet one of the following requirements:

(a) The emission control device may not emit particulate matter in excess of 0.005 grains per dry standard cubic foot. Compliance with this emission standard is based on EPA Method 5 or an equivalent method approved by DEQ, and must be demonstrated using the source test procedure in section (3);

(b) If the emission control system is a fabric filter (baghouse), it must be equipped with a bag leak detection system that meets the requirements of section (4); or

(c) If the emission control system is a fabric filter (baghouse), it must be equipped with a bag leak detection system that consists of an afterfilter equipped with:

(A) HEPA filters that have a Minimum Efficiency Reporting Value of 17 or higher (MERV 17 or higher) per American National Standards Institute (ANSI) Standard 52.2; and

(B) A differential pressure monitoring device.

(2) Emission control device requirements:

(a) A CAGM must obtain DEQ approval of the design of all emission control devices before installation, as provided in this rule.

(b) A CAGM must submit a Notice of Intent to Construct as required by OAR 340-210-0205 through 340-210-0250 no later than 15 days before the date installation begins. If DEQ does not deny or approve the Notice of Intent to Construct within 10 days after receiving the Notice, the Notice will be deemed to be approved.

(d) Each emission control device must be equipped with the following monitoring equipment:

(A) An inlet temperature monitoring device;

(B) A differential pressure monitoring device if the emission control device is a fabric filter (baghouse); and

(e) Each emission control device must be equipped with inlet ducting that provides the following:

(A) Sufficient cooling of exhaust gases to no more than the maximum design inlet temperature under worst-case conditions; and

(B) Provision for inlet emissions testing, including sufficient duct diameter, sample ports, undisturbed flow conditions, and access for testing.

(f) Each emission control device must be equipped with outlet ducting that provides for outlet emissions testing, including sufficient duct diameter, sample ports, undisturbed flow conditions, and access for testing.

(g) After commencing operation of any emission control device, the CAGM must monitor the emission control device as required by OAR 340-244-9080.

(3) If testing is performed for the purpose of complying with subsection (1)(a), the CAGM must perform the following source testing on at least one emission control device.

(a) Within 90 days of commencing operation of the emission control devices, test the control outlet for particulate matter using DEQ Method 5 or an equivalent method approved by DEQ;

(b) A source test plan must be submitted at least 30 days before conducting the source test; and

(4) The requirements for bag leak detection systems are:

(a) If a bag leak detection system is installed on a baghouse for the purpose of complying with subsection (1)(b), it must be installed and operational not more than 90 days after the baghouse becomes operational.

(b) A bag leak detection system that is not installed for the purpose of complying with subsection (1)(b) may be installed at any time, but once installed is subject to the requirements of this section.

(A) The bag leak detection system must be certified by the manufacturer to be capable of detecting PM emissions at concentrations of 1 milligram per dry standard cubic meter (0.00044 grains per actual cubic foot) or less.

(B) The bag leak detection system sensor must provide output of relative PM loadings. The owner or operator shall continuously record the output from the bag leak detection system using electronic or other means (e.g., using a strip chart recorder or a data logger).

(C) The bag leak detection system must be equipped with an alarm system that will sound when the system detects an increase in relative particulate loading over the alarm set point established according to subsection (d), and the alarm must be located such that it can be heard by the appropriate plant personnel.

(D) In the initial adjustment of the bag leak detection system, the CAGM must establish, at a minimum, the baseline output by adjusting the sensitivity (range) and the averaging period of the device, the alarm set points, and the alarm delay time.

(E) Following initial adjustment, the CAGM may not adjust the averaging period, alarm set point, or alarm delay time without approval from DEQ except as provided in paragraph (F).

(F) Once per quarter, the CAGM may adjust the sensitivity of the bag leak detection system to account for seasonal effects, including temperature and humidity, according to the procedures identified in the site-specific monitoring plan required by OAR 340-224-9080(4).

(G) The CAGM must install the bag leak detection sensor downstream of the fabric filter.

(H) Where multiple detectors are required, the system's instrumentation and alarm may be shared among detectors.

Stat. Auth.: ORS 468.020, 468A.025, & 468A.040
Stats. Implemented: ORS 468A.025, & 468A.040
Hist.: DEQ 4-2016(Temp), f. & cert. ef. 4-21-16 thru 10-17-16; DEQ 6-2016(Temp), f. & cert. ef. 5-6-16 thru 10-17-16

340-244-9080

Emission Control Device Monitoring

(1) Each Tier 1 CAGM must perform the following monitoring on each emission control device it uses to comply with this rule:

(a) At least once each week, observe and record the inlet temperature and differential pressure (if applicable); and

(b) At least once every 12 months:

(A) Inspect the ductwork and emission control device housing for leakage;

(B) Inspect the interior of the emission control device for structural integrity and, if a fabric filter (baghouse) is used, to determine the condition of the fabric filter; and

(2) Each Tier 2 CAGM must perform the following monitoring on each emission control device used to comply with this rule:

(a) At least once each day, observe and record the inlet temperature and differential pressure (if applicable); and

(b) At least once every 12 months:

(A) Inspect the ductwork and emission control device housing for leakage;

(B) Inspect the interior of the emission control device for structural integrity and, and if a fabric filter (baghouse) is used, to determine the condition of the fabric filter; and

(3) CAGMs must observe and record any parameters specified in a DEQ approval of the Notice of Intent to Construct applicable to a control device.

(4) The CAGM must develop and submit to the Administrator or delegated authority for approval a site-specific monitoring plan for each bag leak detection system. The CAGM must operate and maintain the bag leak detection system according to the site-specific monitoring plan at all times. Each monitoring plan must describe the items in subsections (a) through (f).

(a) Installation of the bag leak detection system;

(b) Initial and periodic adjustment of the bag leak detection system, including how the alarm set-point will be established;

(d) How the bag leak detection system will be maintained, including a routine maintenance schedule and spare parts inventory list;

(e) How the bag leak detection system output will be recorded and stored; and

(f) Corrective action procedures as specified in section (3). In approving the site-specific monitoring plan, the Administrator or delegated authority may allow owners and operators more than 3 hours to alleviate a specific condition that causes an alarm if the owner or operator identifies in the monitoring plan this specific condition as one that could lead to an alarm, adequately explains why it is not feasible to alleviate this condition within 3 hours of the time the alarm occurs, and demonstrates that the requested time will ensure alleviation of this condition as expeditiously as practicable.

(5) For each bag leak detection system, the CAGM must initiate procedures to determine the cause of every alarm within 1 hour of the alarm. Except as provided in subsection (f), the CAGM must alleviate the cause of the alarm within 3 hours of the alarm by taking whatever corrective action(s) are necessary. Corrective actions may include, but are not limited to the following:

(a) Inspecting the fabric filter for air leaks, torn or broken bags or filter media, or any other condition that may cause an increase in PM emissions;

(b) Sealing off defective bags or filter media;

(d) Sealing off a defective fabric filter compartment;

(e) Cleaning the bag leak detection system probe or otherwise repairing the bag leak detection system; or

(f) Shutting down the process producing the PM emissions.

(6) For each bag leak detection system, the CAGM must keep the following records:

(a) Records of the bag leak detection system output;

(b) Records of bag leak detection system adjustments, including the date and time of the adjustment, the initial bag leak detection system settings, and the final bag leak detection system settings; and

(c) The date and time of all bag leak detection system alarms, the time that procedures to determine the cause of the alarm were initiated, the cause of the alarm, an explanation of the actions taken, the date and time the cause of the alarm was alleviated, and whether the alarm was alleviated within 3 hours of the alarm.

Stat. Auth.: ORS 468.020, 468A.025, & 468A.040
Stats. Implemented: ORS 468A.025, & 468A.040
Hist.: DEQ 4-2016(Temp), f. & cert. ef. 4-21-16 thru 10-17-16

340-244-9090

Other Glass-making HAPs

(1) If DEQ determines that ambient concentrations of a glass-making HAP in the area of a CAGM pose an unacceptable risk to human health and that emissions from an uncontrolled glass-making furnace at the CAGM are a contributing factor, then DEQ must set a limit on the CAGM’s use of the glass-making HAP of concern in uncontrolled glass-making furnaces, by agreement or in a permit, to reduce such risk. DEQ must consult with the Oregon Health Authority when applying this rule.

(2) Exceeding the limits established under the authority of this rule is a violation of this rule.

Stat. Auth.: ORS 468.020, 468A.025, & 468A.040
Stats. Implemented: ORS 468A.025, & 468A.040
Hist.: DEQ 4-2016(Temp), f. & cert. ef. 4-21-16 thru 10-17-16

DAVIS George, 2016-08-22T15:18:00Z

Changed to statewide applicability.

Need jurisdiction language for LRAPA

DAVIS George, 2016-08-11T10:30:00Z

1. Definition of CAGM has been broadened to include manufacturing any amount of colored art glass. But don’t panic, the main requirements still only apply to Tier 1 and Tier 2 CAGMs. The reason for broadening the definition is that is smaller than Tier 1 could grow and become a Tier 1 - note 9005(3) below where this comes into play.

2. All of the criteria have been moved into the definitions in 9010.

DAVIS George, 2016-08-22T09:39:00Z

Once in, always in, or at least in for a long time…

8/22/16

DAVIS George, 2016-08-22T10:53:00Z

New definition added so it isn’t necessary to repeat “colored glass made from raw materials that contain one or more glass-making HAPs” dozens of times in these rules. Also to clarify that raw materials must contain HAPs.

Note also that this now includes clear glass made with HAPs (possible in the case of arsenic).

I could’ve made a new acronym (CAG), but didn’t

George, 2016-08-21T17:54:00Z

Needed to add “that contain … HAPs” for clarity

DAVIS George, 2016-08-11T10:35:00Z

Definition moved from Applicability -9000 to here

Definition revised on 8/15/16

DAVIS George, 2016-08-15T11:07:00Z

(b) was put into the temp rules deliberately, but now seems rather redundant.

DAVIS George, 2016-08-22T15:25:00Z

This part of the definition added mainly to make it clear that glassworkers are not subject to these rules.

DAVIS George, 2016-08-11T10:36:00Z
Temp rules were inconsistent and used terms “chromium” and “total chromium”. This draft attempts to use these terms consistently. Term “total chromium” has been added below.

DAVIS George, 2016-08-11T10:38:00Z
In the temp rule this duplicated the definition of “raw materials”. Has been deleted here as redundant and replaced with reference to “raw materials”.

DAVIS George, 2016-08-11T10:39:00Z
New definition added to allow clearer language in the rule.

DAVIS George, 2016-08-11T10:40:00Z

1. “Metal HAP” replaced with “glass-making HAP” because arsenic and selenium are not metals.

2. Definition expanded to include cobalt and selenium.

DAVIS George, 2016-08-11T10:41:00Z
“metal HAPs” replaced with “glass-making HAPs”, see comment above.

DAVIS George, 2016-08-11T10:42:00Z
Example added to clarify.

DAVIS George, 2016-08-22T10:18:00Z

Added to clarify when a CAGM becomes Tier 1 or Tier 2, important for CAGMs that change status.

DAVIS George, 2016-08-22T15:31:00Z

Same comment as above

DAVIS George, 2016-08-11T10:44:00Z
New definition added for clarity.

DAVIS George, 2016-08-12T14:52:00Z

Added on 8/12--- extensions to compliance dates for reasons beyond CAGMs control.

Building permits from City o’ Portland are taking much longer than normal, delaying installation of emission control devices.

Lots of precedents for this kind of thing.

DAVIS George, 2016-08-11T09:02:00Z

216-0020(3) is the requirement to have an ACDP before constructing, operating, etc.

There does not appear to be a similar rule under Title V; instead there is a duty to apply.

DAVIS George, 2016-08-11T10:48:00Z

This section is intended to clarify that a CAGM is not in violation of operating without a permit. Possibly redundant with (a) ??

DAVIS George, 2016-08-22T15:35:00Z

This section applies to Portland AQMA. These CAGMs have had warning (i.e. the temporary rules) of this requirement.

Outside the Portland AQMA, CAGMs had no warning, so there is a separate section for them, with different compliance dates (see (4) below).

DAVIS George, 2016-08-22T15:38:00Z

Separate sections for inside and outside Portland AQMA, with different compliance dates.

DAVIS George, 2016-08-11T10:50:00Z
Rewritten for clarity, also to take into account the MAO

DAVIS George, 2016-08-11T09:15:00Z

Phase-in of 4 more HAPs, 18 months after Sept 1, 2016 to allow time to design and install additional emission controls

DAVIS George, 2016-08-11T09:15:00Z

Phase-in of 4 more HAPs, 18 months after the first 4, to allow time for design and installation of additional emission controls

George, 2016-08-21T16:28:00Z

Outside AQMA, allow 6 months from rule adoption (October 1, 2016) because they didn’t have any warning.

DAVIS George, 2016-08-11T09:15:00Z

Phase-in of 4 more HAPs, 18 months after the first 4

DAVIS George, 2016-08-11T09:15:00Z

Phase-in of 4 more HAPs, 18 months after the first 4, to allow time for design and installation of additional emission controls

DAVIS George, 2016-08-11T09:15:00Z

This section is specific to chromium, name changed to reflect that.

It originally restricted arsenic and cadmium, too, but that’s not necessary any more because they are restricted under 9030

Significant rewriting to clarify the requirements.

Joe Westersund, 2016-07-06T09:49:00Z
Is source the furnace or the facility?

Gfd - facility

Joe Westersund, 2016-07-06T09:53:00Z
Does not include background conc, this is a limit on the contribution of this facility.

Gfd - correct, source impact only

DAVIS George, 2016-08-22T15:43:00Z

(d) added to specifically allow use of chromium for testing purposes, temp rule left this out

DAVIS George, 2016-08-11T10:52:00Z

Procedure for requesting chromium usage rates. Gets complicated because it includes options for total chromium, chromium III or chromium VI.

Testing requirements are different for total chromium vs chromium III or VI, so a new testing requirement was added below (Method 29).

Method 29 gives several metals including chromium, but does not speciate CrVI, it just gives total chromium. That’s ok if we assume that 100% of the chromium is CrVI, and one option allows this.

Other options allow the CAGM to test specifically for CrVI using the more complicated and expensive CrVI test procedure. If they do that, they may be able to show that the chromium emissions have some lesser percentage of CrVI.

CAGM can use a combination, i.e. get a specific CrVI emission rate when using CrIII, and use the 100% assumption when using CrVI.

Total ambient impact of all methods used must be less than 0.08 annual and 5 daily.

DAVIS George, 2016-08-19T14:42:00Z

Report all results, not just chromium, per discussion 8/19/16

DAVIS George, 2016-08-11T09:18:00Z

Section (1), eliminated two of the compliance options (source test and model to show impacts less than specified levels, and option to get a permit limit prohibiting use of certain HAPs). Neither of these are being used. Lots of deletion to get rid of them.

Has 2 sections, inside and outside Portland AQMA

DAVIS George, 2016-08-11T09:20:00Z

Redundant and outdated, therefore this rule deleted.

DAVIS George, 2016-08-11T09:21:00Z

Option proposed:

Source test for PM and meet 0.005 gr/dscf, or

Install BLDS, or install afterfilter

DAVIS George, 2016-08-22T15:01:00Z

This is no longer needed. EACH emission control device must be tested or have BLDS or afterfilter.

DAVIS George, 2016-08-22T15:52:00Z

BLDS requirements taken from Subpart 6S.

DAVIS George, 2016-08-22T15:52:00Z

More 6S language for BLDS

DAVIS George, 2016-08-19T08:50:00Z

Greg Grunow’s comment:

We’re defining “glass-making HAPs” in 340-244-9010 to be elemental or compounds of arsenic, cadmium, chromium, cobalt, lead, manganese, nickel and selenium. By February 1, 2018 all glass-making furnaces at Tier 1 & 2 facilities should already be controlled for these HAPs. Under the current language it appears this rule section could only apply to shops that are below the Tier 1 threshold and not regulate new, unidentified HAPs.

George’s comment: good point. The rule only sets limits on Cr usage, not on other HAPs. I think the original intent was to be able to set limits on g-m HAPs other than Cr, but only from uncontrolled furnaces.

We could keep that purpose by removing “uncontrolled” and replacing it with “any”.

DAVIS George, 2016-08-22T15:15:00Z

Change to “controlled” ????????????