artglass2016 rules-gfd working copy v5 8-11-16

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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

Notwithstanding OAR 340 Division 246, OAR 340-244-9000 through 9090 apply to colored art glass manufacturers (CAGMs) located within the Portland Air Quality Maintenance Area.

340-244-9005

Compliance Dates

CAGMs that are or become subject to these rules must comply with the applicable requirements of these rules by the compliance dates below, unless otherwise specified in these rules:

(1) For a Tier 1 CAGM that began operating on or before <insert the effective date of these rules>, the compliance date is <insert the effective date of these rules>.

(2) For a Tier 2 CAGM that began operating on or before <insert the effective date of these rules>, the compliance date is <insert the effective date of these rules>.

(3) For a CAGM that is not a Tier 1 or Tier 2 CAGM that began operating on or before <insert the effective date of these rules> and becomes a Tier 1 or Tier 2 CAGM after <insert the effective date of these rules>, the compliance date is the first day of the month following the month in which the CAGM became a Tier 1 or Tier 2 CAGM.

(4) For a Tier 1 CAGM that becomes a Tier 2 CAGM after <insert the effective date of these rules>, the compliance date is the first day of the month following the month in which the Tier 1 CAGM became a Tier 2 CAGM.

What have I missed????????????????????

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 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 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) A facility that manufactures any amount of colored glass products from raw materials, or a combination of raw materials and cullet, for use by colored glass manufacturers for use in art, architecture, interior design and other similar decorative applications.

(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 chromium in any oxidation state.

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

(6) “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.

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

(8) “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.

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

(10) “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.

(11) “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);

(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 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. 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.

(12) “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.

(12) “Tier 1 CAGM” means a CAGM that produces colored art glass, in glass-making furnaces that are only electrically heated, at the rate of 825 pounds or more in any calendar month but less than 16,650 pounds in any calendar month.

(13) “Tier 2 CAGM” means:

(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.

(13) “Tier 2 CAGM” means:

(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 825 pounds or more in any calendar month; or

(b) Produces colored art glass, in any type of glass-making furnaces, at the rate of 16,650 pounds or more in any calendar month.

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

(15) “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

340-244-9020

Permit Required

(1) Under OAR 340-244-9020 in the temporary rules adopted on <insert effective date of temp rules here>, all existing Tier 1 and Tier 2 CAGMs not otherwise subject to a permitting requirement were required to apply for a permit under OAR 340-216-8010 Table 1, Part B, category #84 not later than September 1, 2016.

(2) Insofar as a Tier 1 or Tier 2 CAGM that began operating before the effective date of these rules was not otherwise required to obtain a permit under OAR Chapter 340, Division 216, a CAGM that is subject to section (1) and has applied for a permit by the date specified:

(a) May continue to operate;

(b) Must comply with these rules as applicable; and

(3) Tier 1 and Tier 2 CAGMs that begin construction after September 1, 2016 must obtain a permit under OAR 340-216-8010 Table 1, Part B, category #84 prior to beginning 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) On and after the applicable compliance date in OAR 340-944-9005, Tier 2 CAGMs may not use raw materials containing any of the following glass-making HAPs in uncontrolled glass-making furnaces: arsenic, cadmium, chromium and lead.

(2) On and after February 1, 2018, Tier 2 CAGMs 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 compliance date, a Tier 2 CAGM may only use raw materials containing chromium 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:

(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.

(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 glass-making furnaces, the CAGM must comply with the rates DEQ establishes.

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

(A) Test using EPA Method 29 or an equivalent DEQ-approved method 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 contains a high percentage of chromium 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.

(5) A source test required 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

(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) On and after October 1, 2016 or the applicable compliance date under OAR 340-244-9005, whichever is later, Tier 1 CAGMs 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.

(2) On and after February 1, 2018, Tier 1 CAGMs 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); or

(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).

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

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

(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), 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) may be installed at any time, but once installed is subject to the requirements of this section.

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) reserved for BLDS monitoring

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

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, 2016-08-11T10:33:00Z

New section for compliance dates added. Original rules didn’t account for possible new CAGMs, or a CAGM going from Tier 1 to Tier 2. This section addresses compliance dates for these situations.

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

Definition moved from Applicability 9000 to here

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 temp rule this duplicated the definition of “raw materials”, removed here 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. Paul, is this ok?

DAVIS George, 2016-08-11T08:47:00Z

Note alternative definitions, one set based on tons per year, the other based on pounds per month.

I suggest the pound per month approach, as it is easier to track and doesn’t require a 12-month look-back to see if the facility has met the criteria. It also makes the compliance dates simpler.

Suggested pound per month numbers (825 and 16,650) are approximately equivalent to 5 tpy and 100 tpy, respectively.

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

DAVIS George, 2016-08-11T10:45:00Z
OK, these rules are likely to take effect after September 1, so leaving the September 1 date in the rules doesn’t make sense. However, this is an attempt to note the requirement, and it makes more sense once you read (2) just below.

Paul?

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
Section 2 is intended to clarify that a CAGM is not in violation of operating without a permit.

DAVIS George, 2016-08-11T10:49:00Z
This applies to new CAGMs, essentially parallels the requirement in 216-0020(3). May be redundant, but added for clarity.

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

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

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

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

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).

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

Section (1) revised to parallel the language for Tier 2 CAGMs.

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.

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

Redundant and outdated, therefore deleted.

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

Option proposed:

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

Install BLDS