Current through Register Vol. 63, No. 3, March 1, 2024
Within a designated maintenance area, a source subject to State
NSR must meet the following requirements for each maintenance pollutant:
(1) If the increase in emissions is
the result of a major modification, the owner or operator of the source must
apply BACT under OAR
340-224-0070(2),
except for a PM10 source in the Medford/Ashland AQMA where the owner or
operator of the source must apply LAER under
340-224-0050(1).
(2) Air Quality Protection: The
owner or operator of the source must satisfy the requirements of either
subsections (a), (c), and (d) or of subsections (b), (c) and (d):
(a) Air Quality Analysis: The owner or
operator of the source must comply with OAR
340-225-0050(1)
and (2) and
340-225-0060
for each regulated pollutant for which emissions will exceed the netting basis
by the SER or more due to the proposed source or modification. For emissions
increases of direct PM2.5 or PM2.5 precursors equal to or greater than the SER,
the owner or operator must provide an analysis of PM2.5 air quality impacts
based on all increases of direct PM2.5 and PM2.5 precursors.
(b) Net Air Quality Benefit: The owner or
operator of the source must satisfy the requirements of paragraph (A), (B) or
(C), as applicable:
(A) OAR
340-224-0510
and
340-224-0520
for ozone maintenance areas or OAR
340-224-0510
and
340-224-0530(3)
and (4) for non-ozone maintenance areas,
whichever is applicable;
(B)
Demonstrate that the source or modification will not cause or contribute to an
air quality impact equal to or greater than the impact levels in OAR
340-202-0225
by performing the analysis specified in OAR
340-225-0045;
or
(C) Obtain an allocation from a
growth allowance. The requirements of this section may be met in whole or in
part in an ozone or carbon monoxide maintenance area with an allocation by DEQ
from a growth allowance, if available, under the applicable maintenance plan in
the SIP adopted by the EQC and approved by EPA. Procedures for allocating the
growth allowances for the Oregon portion of the Portland-Vancouver Interstate
Maintenance Area for Ozone and the Portland Maintenance Area for Carbon
Monoxide are contained in OAR
340-242-0430
and
340-242-0440.
(c) The owner or
operator of a federal major source must comply with OAR
340-225-0050(4)
and
340-225-0070.
(d) The owner or operator of the
source must demonstrate that it will not cause or contribute to a new violation
of an ambient air quality standard or PSD increment even if the single source
impact is less than the significant impact level under OAR
340-225-0050(1).
(3) Sources Impacting
Other Designated Areas: The owner or operator of any source that will have a
significant impact on air quality in a designated area other than the one the
source is locating in must also meet the following requirements, as applicable:
(a) The owner or operator of any source that
emits an ozone precursor (VOC or NOx) at or above the SER over the netting
basis is considered to have a significant impact if located within 100
kilometers of a designated ozone area, and must also meet the requirements for
demonstrating net air quality benefit under OAR
340-224-0510
and
340-224-0520
for ozone designated areas.
(b)
The owner or operator of any source that emits any criteria pollutant, other
than NOx as an ozone precursor, at or above the SER over the netting basis and
has an impact equal to or greater than the Class II SIL on another designated
area must also meet the requirements for demonstrating net air quality benefit
under OAR
340-224-0510
and
340-224-0540
for designated areas other than ozone designated areas.
(4) Contingency Plan Requirements. If the
contingency plan in an applicable maintenance plan is implemented due to a
violation of an ambient air quality standard, this section applies in addition
to other requirements of this rule until the EQC adopts a revised maintenance
plan and EPA approves it as a SIP revision.
(a) The source must comply with the LAER
requirement in OAR
340-224-0050(1)
in lieu of the BACT requirement in section (1); and
(b) The owner or operator must comply with
paragraph (2)(b)(A).
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.035, 468A.040,
468A.050, 468A.055 & 468A.070
Stats. Implemented: ORS
468A
