Key to Identifying Changed Text:

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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 is 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

Notwithstanding OAR 340 Division 246, OAR 340-244-9000 through 9090 apply to all facilities in the state of Oregon that:

(1)(a) Manufacture glass from raw materials, or a combination of raw materials and cullet, for use in art, architecture, interior design and other similar decorative applications, or

(b) Manufacture glass products from raw materials, or a combination of raw materials and cullet, for use by glass manufacturers for use in art, architecture, interior design and other similar decorative applications; and

(2) Manufacture 5 tons per year or more of glass using raw materials that contain glass-making HAPs. (3) 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.

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 Manufacturer” or “CAGM” means a facility that meets the applicability requirements in OAR 340-244-9000 and refers to the owner or operator of such a facility when the context requires.

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

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

(4) “Chromium”, without a following roman numeral, means total chromium.

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

(6) “Cullet” means previously made glass that, when mixed with raw materials and charged to a glass-making furnace, is used to produce new glass. Cullet does not include glass materials that contain glass-making HAPs in amounts that materially affect the color of the finished product and that are used as coloring agents; such materials are considered raw materials. Cullet is not considered to be a raw material.

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

(8) “Frit” means both of the following:

(a) Granules of glassified or vitrified material that is not made from finished glass, and which contains a higher proportion of glass-making HAP than would be found in a finished glass. The purpose of such material includes, but is not limited to, making powdered glass-making HAPs safer to handle by combining them with silica or other oxides.

(b) Granules of crushed finished glass.

*************************** don’t forget to renumber below

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

(9) “Glass-making HAP” means arsenic, cadmium, chromium, lead, manganese, nickel or selenium in any form, such as the pure metal or chemical, mixed within compounds, or mixed with other materials.

(10) “Raw material” means:

(a) Substances that are intentionally added to a glass manufacturing batch and melted in 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);

(C) Metal oxides and other metal-based compounds, such as lead oxide, chromium oxide, and sodium antimonate; and

(D) Metal ores, such as chromite and pyrolusite.

(b) Metals 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 its color, texture, or bubble content. Such materials may be powdered, frit, or in some other form. For the purpose of this definition, frit as described in subsection (8)(a) is a raw material, but frit as described in subsection (8)(b) is not a raw material.

(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.

(11) “Tier 1 CAGM” means a CAGM that produces at least 5 tons per year, but less than 100 tons per year, of glass using raw materials that contain glass-making HAPs in glass-making furnaces that are only electrically heated.

(12) “Tier 2 CAGM” means:

(a) A CAGM that produces 5 tons per year or more of glass using raw materials that contain glass-making HAPs in fuel-heated or combination fuel- and electrically-heated glass-making furnaces; or

(b) Produces 100 tons per year or more of glass using raw materials that contain glass-making HAPs in any type of glass-making furnace.

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

(14) “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 Tier 1 CAGM may request, and DEQ may grant, one or more extensions, not to exceed a total of 12 months, to the compliance date for installation of emission control systems if the CAGM cannot meet the compliance date for reasons beyond its reasonable control. A Tier 1 CAGM that has been granted an extension:

(1) Is allowed to operate without the emission control device required by OAR 340-224-9050 until the required emission control device is installed and operational, or the extension expires, whichever is earlier; and

(2) Must comply with OAR 340-244-9020 and 9060(1) as applicable.

340-244-9020

Permit Required

(1) Not later than December 1, 2016, if located within the Portland AQMA, and not later than April 1, 2017, if located outside the Portland AQMA, all CAGMs not otherwise subject to a permitting requirement must apply for a permit under OAR 340-216-8010 Table 1, Part B, category #84.

(2) A CAGM that applies for a permit on or before the required date is not in violation of OAR 340-216-0020(3).

(3) CAGMs constructed after September 1, 2016 must obtain a permit prior to construction.

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) Effective September 1, 2016, if located within the Portland AQMA, and April 1, 2017, if located outside the Portland AQMA, Tier 2 CAGMs may not use raw materials containing arsenic, cadmium, chromium, lead, manganese or nickel except in glass-making furnaces that use an emission control device that meets the requirements of OAR 340-244-9070.

(2) Effective January 1, 2017, if located within the Portland AQMA and July 1, 2017, if located outside the Portland AQMA, Tier 2 CAGMs may not use raw materials containing selenium except in glass-making furnaces that use an emission control device that meets the requirements of OAR 340-244-9070.

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

The following table is a temporary insertion to aid review of rule 9040 - to be deleted in final - also delete hard page break directly above GFD 9/7/2016 10:00 am

340-244-9040

Operating Restrictions That Apply To Tier 2 CAGMs

(1) A Tier 2 CAGM may use raw materials containing chromium in a controlled glass-making furnace only if DEQ has established annual and daily maximum allowable chromium usage rates that will prevent the source from exceeding the chromium VI source impact levels described in paragraph (3)(b)(C) of this rule.

(2) 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 (3). Such use must be limited to only the amounts required to perform the testing.

************************** replace (1) and (2) above with below

(1) The following apply to Tier 2 CAGMs located inside the Portland AQMA:

(a) Raw materials containing chromium may be used in a controlled glass-making furnace only if DEQ has established annual and daily maximum allowable chromium usage rates that will prevent the source from exceeding the chromium VI source impact levels described in paragraph (3)(b)(C) of this rule.

(b) Notwithstanding subsection (a), raw materials containing chromium may be used in controlled glass-making furnaces for the purpose of conducting the emissions testing under sections (3) or (4). Such use must be limited to only the amounts required to perform the testing.

(2) The following apply to Tier 2 CAGMs located outside the Portland AQMA:

(a) Raw materials containing arsenic, cadmium or chromium VI may not be used except in glass-making furnaces that are controlled by an emission control device approved by DEQ.

(b) Prior to April 1, 2017, raw materials containing chromium may be used in controlled or uncontrolled glass-making furnaces only if DEQ has established annual and daily maximum allowable chromium usage rates that will prevent the source from exceeding the chromium VI source impact levels described in paragraph (3)(b)(C) of this rule.

(c) On and after April 1, 2017, raw materials containing chromium may be used in controlled glass-making furnaces only if DEQ has established annual and daily maximum allowable chromium usage rates that will prevent the source from exceeding the chromium VI source impact levels described in paragraph (3)(b)(C) of this rule.

(d) Notwithstanding subsection (b), prior to April 1, 2017, raw materials containing chromium may be used in controlled or uncontrolled glass-making furnaces for the purpose of conducting the emissions testing under sections (3). Such use must be limited to only the amounts required to perform the testing.

(e) Notwithstanding subsection (c), on and after April 1, 2017, raw materials containing chromium may be used in controlled glass-making furnaces for the purpose of conducting the emissions testing under sections (3) or (4). Such use must be limited to only the amounts required to perform the testing.

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(3) After DEQ establishes any maximum allowable chromium III or chromium VI usage rate for a CAGM’s glass-making furnace or glass-making furnaces, the CAGM must comply with the rate DEQ establishes. For the purpose of establishing any maximum allowable usage rate for chromium III or chromium VI the following are required:

(a) A source test must be performed as specified below:

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

(B) Test 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 the type of chromium for which a usage rate is being established, as compared to other formulas used by the CAGM;

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

(E) If the testing under this section is done for total chromium only, the CAGM must assume that all chromium emitted is in the form of chromium VI.

(b) The Tier 2 CAGM must perform dispersion modeling, using models and protocols approved by DEQ, to determine the annual average and daily maximum ambient concentrations that result from the Tier 2 CAGM’s air emissions as follows:

(A) Submit a modeling protocol for DEQ approval;

(B) Use the maximum chromium VI emission rate;

(C) Establish a maximum chromium usage rate so that the source impact will not exceed either of the following:

(i) 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

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

(c) 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.

subsection(5) Tier 2 CAGMs are not restricted on the raw materials that may be used in glass-making furnaces that are controlled by an emission control device approved by DEQ, except that the use of raw materials containing chromium will be subject to maximum usage rates established by DEQ.

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) No later than October 1, 2016, if located within the Portland AQMA, and April 1, 2017, if located outside the Portland AQMA, each Tier 1 CAGM must comply with subsection (a), (b) or (c) for each glass-making furnace or group of glass-making furnaces that use raw material containing arsenic, cadmium, chromium, lead, manganese or nickel:

(a) Install an emission control device that meets the emission control device requirements in OAR 340-244-9070;

(b) Demonstrate that the glass-making furnace or group of glass-making furnaces meets the exemption in section (3) for arsenic, cadmium, chromium, lead, manganese or nickel; or

(c) Request a permit condition that prohibits the use of arsenic, cadmium, chromium, lead, manganese or nickel in the glass-making furnace or group of glass-making furnaces, and comply with that condition.

(2) No later than January 1, 2017, if located within the Portland AQMA, and April 1, 2017, if located outside the Portland AQMA, each Tier 1 CAGM must comply with subsection (a), (b) or (c) for each glass-making furnace or group of glass-making furnaces that use raw material containing selenium:

(a) Install an emission control device that meets the emission control device requirements in OAR 340-244-9070;

(b) Demonstrate that the glass-making furnace or group of glass-making furnaces meets the exemption in section (3) for selenium; or

(c) Request a permit condition that prohibits the use of selenium in the glass-making furnace or group of glass-making furnaces, and comply with that condition.

(3) A Tier 1 CAGM is exempt from the requirement to install emission controls under subsections (1)(a) and (2)(a) on a glass-making furnace or group of glass-making furnaces if that CAGM meets the requirements of subsection (a) for each of the individual glass-making HAPs listed in paragraphs (a)(A) through (a)(G) below. This exemption is not allowed for a glass-making furnace or group of glass-making furnaces that use raw materials containing chromium VI.

(a) The CAGM shows through source testing and dispersion modeling if necessary, following the requirements of subsections (b) and (c), that the glass-making HAP concentrations modeled at the nearest sensitive receptor do not exceed the applicable concentration listed in paragraphs (A) through (G). For chromium VI resulting from the use of chromium III, the CAGM may source test for and model chromium VI, or may source test for and model total chromium in lieu of chromium VI, to demonstrate that the ambient concentration is below the concentration listed in paragraph (C). If the modeled total chromium ambient concentration exceeds the concentration listed in paragraph (C), then the CAGM may conduct an additional source test to measure chromium VI and model to show that the ambient concentration of chromium VI does not exceed the concentration listed in paragraph (C).

(A) Arsenic, 0.2 nanograms per cubic meter annual average;

(B) Cadmium, 0.6 nanograms per cubic meter annual average;

(C) Chromium VI, 0.08 nanograms per cubic meter annual average;

(D) Lead, 15 nanograms per cubic meter annual average;

(E) Manganese, 90 nanograms per cubic meter annual average;

(F) Nickel, 4 nanograms per cubic meter annual average;

(G) Selenium, 710 nanograms per cubic meter 24 hour average.

(b) Source testing for the purpose of demonstrating the exemption in this section must be performed as follows:

(A) Test using DEQ -approved protocols and methods for each glass-making HAP listed in paragraphs (a)(A) through (a)(G) that the Tier 1 CAGM intends to use.

(B) Test for particulate matter using DEQ Method 5 or equivalent; HAPs using EPA Method 29, CARB Method M-436 or an equivalent method approved by DEQ; and if the Tier 1 CAGM chooses, chromium VI using a method approved by DEQ.

(C) Submit a source test plan to DEQ for approval at least 30 days before the test date.

(D) For each glass-making HAP to be tested for, test while making a glass formulation that DEQ agrees has the highest potential emissions of that glass-making HAP. More than one source test may be required if a single glass formulation cannot meet this requirement for all glass-making HAPs to be tested for.

(E) Keep records of the amount of each glass-making HAP regulated under this rule used in the formulations that are produced during the source test runs, as well as other operational parameters identified in the source test plan.

(c) Dispersion modeling for the purpose of demonstrating the exemption in this section is not required for any glass-making HAP that the source testing under subsection (b) shows is not greater than the applicable concentration listed in paragraphs (a)(A) through (a)(F); otherwise, dispersion modeling must be performed as follows:

(A) Submit a modeling protocol for DEQ approval;

(B) Use the EPA-approved model AERSCREEN or other EPA -approved model;

(C) Use the maximum emission rate for each glass-making HAP to be modeled as determined by the source testing required by subsection (b); and

(D) Model the ambient concentration 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.

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

340-244-9060

Operating Restrictions That Apply To Tier 1 CAGMs

(1) Tier 1 CAGMs may not use raw materials that contain chromium VI in any uncontrolled glass-making furnace.

(2) Tier 1 CAGMs are not restricted on the raw materials that may be used in glass-making furnaces that are controlled by an emission control device approved by DEQ.

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), CAGMs must comply with the requirements in subsection (a) or (b), as applicable, for each emission control device used to comply with this rule.

(a) At Tier 1 CAGMs the the CAGM must comply with one of the requirements in paragraphs (A), (B) or (C):

(A) Conduct a source test as required under subsectionsection (3) and demonstrate that the emission control device does not emit particulate matter in excess of 0.005 grains per dry standard cubic foot as measured by EPA Method 5 or an equivalent method approved by DEQ.

(B) If the emission control system is a fabric filter (baghouse), install a bag leak detection system that meets the requirements of section (4).

(C) If the emission control system is a fabric filter (baghouse), install an afterfilter that meets the requirements of section (5).

(b) At Tier 2 CAGMs the CAGM must :

(A) Conduct a source test as required under subsectionsection (3) and demonstrate that the emission control device does not emit particulate matter in excess of 0.005 grains per dry standard cubic foot as measured by EPA Method 5 or an equivalent method approved by DEQ; and

(B) If a fabric filter (baghouse) is used, install either ),a bag leak detection system that meets the requirements of section (4) or).

an afterfilter that meets the requirements of section (5).

(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.

(c) Emission control devices may control emissions from more than one glass-making furnace.

(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 baghouse; and

(C) Any other monitoring device or devices specified in DEQ’s approval of the Notice of Intent to Construct.

(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 source testing is conducted under section (1), the CAGM must perform the following source testing on at least one emission control device. Source testing done under OAR 340-244-9040(2) may be used in whole or in part to comply with this requirement.

(a) Within 60 days of commencing operation of the emission control devices, test control device for particulate matter using DEQ Method 5 or equivalent method;

(b) The emission control device to be tested must be approved by DEQ;

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

(d) The source test plan must be approved by DEQ before conducting the source test.

(4) If a bag leak detection system is installed under section (1), the requirements for the bag leak detection system are:

(a) The bag leak detection system must be installed and operational as soon as possible but not more than 90 days after the baghouse becomes operational.

(b) Each bag leak detection system must meet the specifications and requirements in paragraphs (A) through (H).

(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 must 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 bag leak detectors are required, the system's instrumentation and alarm may be shared among detectors.

(5) If an afterfilter is installed under section (1), the requirements for the afterfilter are:

(a) The afterfilter must be installed and operational as soon as possible but not more than 120 days after the baghouse becomes operational;

(b) The afterfilter must filter the entire exhaust flow from the fabric filter (baghouse); and

(c) The afterfilter must be equipped with:

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

(B) A differential pressure monitoring device.

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 the fabric filter (baghouse) or afterfilter differential pressure (as 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

(C) Record the date, time and results of the inspection.

(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 the fabric filter (baghouse) or afterfilter differential pressure (as 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

(C) Record the date, time and results of the inspection.

(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) If a bag leak detection system is used, 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;

(c) Operation of the bag leak detection system, including quality assurance procedures;

(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 (5). 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 all necessary corrective actions. 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;

(c) Replacing defective bags or filter media or otherwise repairing the control device;

(d) Sealing off a defective fabric filter compartment;

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

(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 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 a 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 , 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, 2016-09-08T15:20:00Z

GFD: 9/7/16, 10:20 am

My responses/suggestions based on Paul’s comment are noted in green highlight.

WESTERSUND Joe, 2016-09-08T15:20:00Z
Looks like this is the only change to the existing 0010. Is this important/needed?

DAVIS George, 2016-09-08T15:20:00Z

For reference, delete in final

Possible changes called out in public notice:

a.  Grain loading instead of 99% capture efficiency

b.  Statewide

i.  Different compliance dates for Portland vs other areas

5 tpy applicability threshold

DAVIS George, 2016-09-08T15:20:00Z

Follows from going statewide

Garrahan Paul, 2016-09-08T15:20:00Z
I just think it makes sense to state this very clearly, since it is a change. GFD:Agreed

DAVIS George, 2016-09-08T15:20:00Z

Statewide applicability

This was in the public notice

Note (3) regarding LRAPA

I believe rule automatically applies statewide unless it specifically identifies a different area.

WESTERSUND Joe, 2016-09-08T15:20:00Z
Is it common to have a (1)(a) but no (1)? It looks weird to me.

Can we make the and/or more clear? I assume it’s ‘(1a OR 1b) AND 2’

Garrahan Paul, 2016-09-08T15:20:00Z
I thought we were eliminating use of the term “metal HAPs” since they’re not all metals? My edits reflect an intent to make that change.

And we’re also adding selenium, right?

GFD:Yes and yes, new name is glass-making HAPs

DAVIS George, 2016-09-08T15:20:00Z

Statewide applicability, in public notice

Clarify LRAPA jurisdiction in Lane Co.

jpalermo, 2016-09-08T15:20:00Z
Spell out the first time mentioning LRAPA

WESTERSUND Joe, 2016-09-08T15:20:00Z
It can’t be new, unused glass?

WESTERSUND Joe, 2016-09-08T15:20:00Z
This kinda reads like cullet = the mixture of glass + raw materials. I think we want it to mean only the glass, is that right?

Garrahan Paul, 2016-09-08T15:20:00Z
I recommend adding this definition here. Your proposed definition of raw material, below, effectively incorporated a definition of frit, but in a way that I found awkward. I think it is clearer to just define the term formally, then use it.

GFD: Agreed, but for maximum clarity I would prefer the version between the asterisks. Also see where “frit” is used in “raw material”

Garrahan Paul, 2016-09-08T15:20:00Z
Again, per George, I thought we were changing this term to “glass-making HAP” because some of these elements are not metals.

GFD: Yes. But, chemically speaking, mixtures and compounds are different things.

Change “metal” to “element”

Delete “or chemical, mixed within” and

Undelete “in”

WESTERSUND Joe, 2016-09-08T15:20:00Z
These all refer to metals. Can we describe raw material in a different way so it includes nonmetals arsenic and selenium?

DAVIS George, 2016-09-08T15:20:00Z
Not in public notice, staff recommendation

Definition revised to clarify that glassworkers who use frit (definition A) are not regulated.

jpalermo, 2016-09-08T15:20:00Z
Is “some other form” a catch all? Can this be too open ended to be interpreted as cullet or not because of d below?

Garrahan Paul, 2016-09-08T15:20:00Z
I reversed these to put them in the order that you referenced them. As noted above, I think you should define the term “frit” and then use it. Otherwise, it gets confusing to figure out whether frit is always a raw material, or only sometimes.

GFD: See alternate suggestion between asterisks, goes with suggested (8) above

Garrahan Paul, 2016-09-08T15:20:00Z
This particular suggested change is to eliminate the use of a term in its own definition (“raw material”).

DAVIS George, 2016-09-08T15:20:00Z

In public notice,

Lowered applicability threshold to 5

DAVIS George, 2016-09-08T15:20:00Z

In public notice,

Lowered applicability threshold to 5

DAVIS George, 2016-09-08T15:20:00Z

Compliance extensions

Not in public notice, staff recommendation

Extensions to compliance dates for reasons beyond Tier 1 CAGMs control, based on staff recommendation.

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

Lots of precedents for this kind of thing.

DAVIS George, 2016-09-08T15:20:00Z

Change needed for statewide applicability

Garrahan Paul, 2016-09-08T15:20:00Z
I’ve added some commas into this provision. Just noting it so not overlooked.

DAVIS George, 2016-09-08T15:20:00Z

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, 2016-09-08T15:20:00Z

Not in public notice

This section is intended to clarify that a CAGM is not in violation of operating without a permit.

Staff recommendation to eliminate unintended consequence (violation) of the original rule.

DAVIS George, 2016-09-08T15:20:00Z

This change was in the public notice version of the rules.

Probably sufficient as it is, not likely that any CAGMs are under construction right now.

DAVIS George, 2016-09-08T15:20:00Z

Change needed for statewide applicability

DAVIS George, 2016-09-08T15:20:00Z

CHANGE FOLLOWS FROM ADDING SELENIUM TO THE LIST OF METAL HAPS 8/25/16

Garrahan Paul, 2016-09-08T15:20:00Z
I’ve added some commas into this provision and the next one. Just noting it so not overlooked.

DAVIS George, 2016-09-08T15:20:00Z

Change follows from statewide applicability and ADDING SELENIUM, giving additional compliance time.

Joe Westersund, 2016-09-08T15:43:00Z
check rule language, make so if outside Portland kicks in for all 7 on April 1.

WESTERSUND Joe, 2016-09-08T15:20:00Z
If they’re doing baghouse testing to establish Cr usage rates, is the furnace controlled (ie control device approved) at that time?

DAVIS George, 2016-09-08T15:20:00Z
Not in notice, staff recommendation

This is redundant after Sept 1, see 9030 above

Garrahan Paul, 2016-09-08T15:20:00Z
I think you still need it to apply to Tier 2s outside of Portland between now and April 1, right? If you agree, then fix numbering, below. I know there aren’t any Tier 2s outside Portland, so a far as we know right now, but I think you should write the rules as if there were.

DAVIS George, 2016-09-08T15:20:00Z
Not in notice, staff recommendation

No longer needs to be limited to CrIII because operating assumption is that all Cr comes out as CrVI unless CAGM shows otherwise (see (3)(a)(E)).

DAVIS George, 2016-09-08T15:20:00Z
Not in notice

Staff recommendation for consistency

Uncontrolled is no longer applicable after Sept 1

DAVIS George, 2016-09-08T15:20:00Z
Not in notice, staff recommendation

Uncontrolled is no longer applicable after Sept 1

Garrahan Paul, 2016-09-08T15:20:00Z
I suggest going back to old language, because rules allow for uncontrolled outside of Portland, until April 1 (even if facts show there aren’t any).

GFD: Agreed, but after trying to make sense of it all, I ended up proposing new (1) and (2), see below in asterisks. See the table inserted above to help make sense of it all.

WESTERSUND Joe, 2016-09-08T15:20:00Z
“only if” appears to conflict with the testing exception below.

DAVIS George, 2016-09-08T15:20:00Z
Not in notice, staff recommendation

No longer needs to be limited to CrIII because operating assumption is that all Cr comes out as CrVI unless CAGM shows otherwise (see (3)(a)(E)).

DAVIS George, 2016-09-08T15:20:00Z
Not in notice, in comments

Recommended by OHA

Garrahan Paul, 2016-09-08T15:20:00Z
I suggest using this cross-reference, or else you need to better describe what “source impact” and “source impact level” mean, and where and how they are to be measured.

GFD: Agreed

Garrahan Paul, 2016-09-08T15:20:00Z
What about for an existing facility outside of Portland that wants to establish a usage limit in an uncontrolled furnace?

GFD: Yes; see proposed (1) and (2)

DAVIS George, 2016-09-08T15:20:00Z

Not in notice

Staff recommendation to clarify

New (2) added to specifically allow use of chromium for testing purposes, temp rule left this out

DAVIS George, 2016-09-08T15:20:00Z
Not in notice, staff recommendation

No longer needs to be limited to CrIII because operating assumption is that all Cr comes out as CrVI unless CAGM shows otherwise (see (3)(a)(E)).

WESTERSUND Joe, 2016-09-08T15:20:00Z
“only if” appears to conflict with the testing exception below.

DAVIS George, 2016-09-08T15:20:00Z
Not in notice, staff recommendation

No longer needs to be limited to CrIII because operating assumption is that all Cr comes out as CrVI unless CAGM shows otherwise (see (3)(a)(E)).

Garrahan Paul, 2016-09-08T15:20:00Z
I suggest using this cross-reference, or else you need to better describe what “source impact” and “source impact level” mean, and where and how they are to be measured.

GFD: Agreed

DAVIS George, 2016-09-08T15:20:00Z

Not in notice

Staff recommendation to clarify

New (2) added to specifically allow use of chromium for testing purposes, temp rule left this out

Garrahan Paul, 2016-09-08T15:20:00Z
I think you still need it to apply to Tier 2s outside of Portland between now and April 1, right? If you agree, then fix numbering, below. I know there aren’t any Tier 2s outside Portland, so a far as we know right now, but I think you should write the rules as if there were.

GFD: Agreed

WESTERSUND Joe, 2016-09-08T15:20:00Z
“only if” appears to conflict with the testing exception below.

WESTERSUND Joe, 2016-09-08T15:20:00Z
“only if” appears to conflict with the testing exception below.

DAVIS George, 2016-09-08T15:20:00Z

Not in notice, but

We need to get to a simpler test method. This is somewhat related to 99%, too.

DAVIS George, 2016-09-08T15:20:00Z
Edited to be consistent with change in (A), also to specify controlled furnace since Cr can’t be used in uncontrolled furnaces after Sept. 1.

DAVIS George, 2016-09-08T15:20:00Z
(E) added to clarify that CAGM must assume all Cr emissions are CrVI if they only test for total Cr. Necessary clarification to go along with changes to test requirement.

Joe Westersund, 2016-09-08T15:20:00Z
Is source the furnace or the facility?

Facility -gfd

Joe Westersund, 2016-09-08T15:20:00Z
Does not include background conc, this is a limit on the contribution of this facility.

Correct - gfd

DAVIS George, 2016-09-08T15:20:00Z

Based on OHA recommendation

Not in public notice

Garrahan Paul, 2016-09-08T15:20:00Z
I think you can combine this into section (3), but if you disagree, then you need to add a reference to section (4) in new section (2), above.

GFD: original rule structure was retained per discussion with Leah et al.

DAVIS George, 2016-09-08T15:20:00Z
Not in notice, staff recommendation to make language in this rule consistent

No longer needs to specify CrIII or VI because operating assumption is that all Cr comes out as CrVI unless CAGM shows otherwise (see (3)(a)(E)).

Garrahan Paul, 2016-09-08T15:20:00Z
Just keeping the terminology consistent.

DAVIS George, 2016-09-08T15:20:00Z

Change needed for statewide applicability

DAVIS George, 2016-09-08T15:20:00Z
Three compliance options for Tier 1 retained.

Changes follow from adding selenium to list of HAPs, some editing to simplify language

Garrahan Paul, 2016-09-08T15:20:00Z
I’ve added some commas into this provision. Just noting it so not overlooked.

George, 2016-09-08T15:20:00Z

New section (2) follows from adding selenium to list of HAPs, gives additional time to comply

Garrahan Paul, 2016-09-08T15:20:00Z
I’ve added some commas into this provision. Just noting it so not overlooked.

George, 2016-09-08T15:20:00Z

Follows from adding selenium.

Averaging times added to match up to values used.

Garrahan Paul, 2016-09-08T15:20:00Z
But aren’t some of the HAPs not metals? Are they just particulate matter, if not metals?

GFD - correct, I suggest HAPs. Not glass-making HAPs because M29 tests for more than the 7 glass-making HAPs.

Garrahan Paul, 2016-09-08T15:20:00Z
The CAGM is the actor that must comply, not the device.

George, 2016-09-08T15:20:00Z

As discussed, Tier 1 has choice of ST, BLDS or HEPA

DAVIS George, 2016-09-08T15:20:00Z
In the public notice

Replace 99% with 0.005 gr/dscf

BLDS and HEPA not in public notice, staff recommendation based on comment and new knowledge about HEPA afterfilters.

George, 2016-09-08T15:20:00Z

As discussed, Tier 2 must do ST, then has choice of BLDS or HEPA

Garrahan Paul, 2016-09-08T15:20:00Z
My edits are just to streamline this provision, without making it difficult to see the structure of options available. You could do the same thing with the provision above, if you wanted to, but it might make it a little more difficult to see that structure of choices. I would be happy to offer that edit.

You could also ignore this suggested edit, to keep these sections more “parallel”—I just think it ends up looking way more complicated than it is.

GFD - Agreed, but I suggest leaving (a) as is.

DAVIS George, 2016-09-08T15:20:00Z
Renumbered because ST is not always required per section (1).

DAVIS George, 2016-09-08T15:20:00Z
Still reads test only one emission control device.

Not in public notice.

DAVIS George, 2016-09-08T15:20:00Z
Delete inlet testing, follows from change to 0.005 gr/dscf instead of 99% eff.

Garrahan Paul, 2016-09-08T15:20:00Z
You deleted the outlet testing, when your comment indicates you meant to delete the inlet testing.

GFD - agreed; dyslexia mild have I

George, 2016-09-08T15:20:00Z

Not in public notice or comments, but follows from adding BLDS option

Language is from 6S, with minor revisions to fit here

jpalermo, 2016-09-08T15:20:00Z
How was .00044 determined as the best standard?

George, 2016-09-08T15:20:00Z

Not in public notice or comments

Follows from adding afterfilter option

Garrahan Paul, 2016-09-08T15:20:00Z
You need to write this out the first time you reference it.

Garrahan Paul, 2016-09-08T15:20:00Z
My edits are intended only to streamline.

GFD - ok, but I think it should be “and”. We want both if both are applicable.

DAVIS George, 2016-09-08T15:20:00Z
Changes follow from adding afterfilter option

George, 2016-09-08T15:20:00Z

Not in public notice, but follows from adding BLDS option.

Language is from 6S, with minor revisions to fit here

Garrahan Paul, 2016-09-08T15:20:00Z
I think the intent is that this apply to any HAP, right, and not just metal HAPs? Because some potentially dangerous HAPs aren’t metals?

This language really didn’t work before because we defined “metal HAP” to mean only that limited list of HAPs. I’ve now suggested changing that definition to “glass-making HAPs,” which solves that problem with this rule, but I still wonder whether this should just be “HAPs.”

GFD - should be glass-making HAP; at least in my opinion. “Any” HAP opens the door for this rule to apply to many more HAPs, but that should be left for Cleaner Air Oregon rules.

DAVIS George, 2016-09-08T15:20:00Z

Not in public notice, based on comment and staff recommendation

Removing qualifier makes this applies to any furnace, controlled or uncontrolled.

Based on comments that baghouses may be ineffective.