Current through Register Vol. 63, No. 3, March 1, 2024
(1) Two or more
sources may combine into one source if the criteria in subsection (a) are met.
When two or more sources combine into one source under this rule, the combined
source is subject to the criteria in subsection (b).
(a) Two or more sources may combine into one
source only if all of the following criteria are met:
(A) All individual sources that are being
combined must be located within or impact the same airshed; and
(B) The combined source must have the same
primary 4-digit SIC code as at least one of the individual sources that are
being combined.
(b) The
combined source is regulated as one source, subject to the following:
(A) The combined source netting basis is the
sum of the individual sources' netting basis, provided that the netting basis
of any individual source being combined may only be included in the combined
source's netting basis if that individual source has a primary or secondary
2-digit SIC code that is the same as the primary or a secondary 2-digit SIC
code of the combined source.
(B)
The simple act of combining sources, without an increase over the combined
PSEL, does not subject the combined source to Major or State NSR.
(C) If the combined source PSEL, without a
requested increase over the existing combined PSEL, exceeds the combined
netting basis plus the SER, the source may continue operating at the existing
combined source PSEL without becoming subject to NSR until such time that the
source requests an increase in the PSEL or the source is modified. If a source
requests an increase in the PSEL or the source is modified, DEQ will evaluate
whether NSR will be required.
(2) When one source is split into two or more
separate sources, or when a source changes its primary activity (primary
2-digit SIC code):
(a) The netting basis and
SER may be transferred to one or more resulting source or sources only if:
(A) The primary 2-digit SIC code of the
resulting source is the same as one of the primary or secondary 2-digit SIC
codes that applied at the original source; or
(B) The resulting source and the original
source have different primary 2-digit SIC codes but DEQ determines the
activities described by the two different primary 2-digit SIC codes are
essentially the same.
(b) The netting basis and the SER for the
original source are split amongst the resulting sources as requested by the
original permittee.
(c) The amount
of the netting basis that is transferred to the resulting source or sources may
not exceed the potential to emit of the existing devices or emissions units
involved in the split.
(d) The
split of netting basis and SER must either:
(A) Be sufficient to avoid NSR for each of
the newly created sources; or
(B)
The newly created source that becomes subject to NSR must comply with the
requirements of OAR 340 division 224 before beginning operation under the new
arrangement.
(3) The owner or operator of the source,
device or emissions unit must maintain records of physical changes and changes
in the method operation occurring since the baseline period or most recent
Major NSR or Type A State NSR action under OAR 340 division 224. These records
must be included in any future evaluation under OAR
340-224-0025
(major modification).
NOTE: This rule is included in the State of Oregon
Clean Air Act Implementation Plan that EQC adopted under OAR
340-200-0040.
Stat. Auth.: ORS 468.020, 468A.025, 468A.040 &
468A.310
Stats. Implemented: ORS
468A