Or. Admin. R. 340-224-0010 - Applicability, General Prohibitions, General Requirements and Jurisdiction
(1) Except as
provided in subsection (c), the owner or operator of a source undertaking one
of the following actions must comply with the applicable Major New Source
Review requirements of OAR
340-224-0010
through
340-224-0070
and
340-224-0500
through
340-224-0540
for such actions prior to construction or operation:
(a) In an attainment, unclassified or
sustainment area:
(A) Construction of a new
federal major source;
(B) Major
modification at an existing federal major source; or
(C) Major modification at an existing source
that will become a federal major source because emissions of a regulated
pollutant are increased to the federal major source level or more.
(b) In a nonattainment,
reattainment or maintenance area:
(A)
Construction of a new source that will emit 100 tons per year or more of the
nonattainment, reattainment or maintenance pollutant;
(B) A major modification for the
nonattainment, reattainment or maintenance pollutant, at an existing source
that emits 100 tons per year or more of the nonattainment, reattainment or
maintenance pollutant; or
(C) A
major modification for the nonattainment, reattainment or maintenance
pollutant, at an existing source that will increase emissions of the
nonattainment, reattainment or maintenance pollutant to 100 tons per year or
more.
(c) The owner or
operator of a source is subject to Prevention of Significant Deterioration for
GHGs under OAR
340-224-0070
if the owner or operator is first subject to OAR
340-224-0070
for a pollutant other than GHGs, and the source meets the criteria in paragraph
(A) or (B);
(A) The source is a new source
which will emit GHGs at a rate equal to or greater than the SER; or
(B) The source is an existing source which is
undertaking a major modification for GHGs.
(2) Except as provided in subsection (c), the
owner or operator of a source that is undertaking an action that is not subject
to Major NSR under section (1) and is one of the actions identified in
subsections (a) or (b) must comply with the applicable State New Source Review
requirements of OAR
340-224-0010
through
340-224-0038,
340-224-0245
through
340-224-0270
and
340-224-0500
through
340-224-0540
for such action prior to construction or operation.
(a) In a nonattainment, reattainment or
maintenance area:
(A) Construction of a new
source that will have emissions of the nonattainment, reattainment or
maintenance pollutant equal to or greater than the SER; or
(B) Major modification for the nonattainment,
reattainment or maintenance pollutant, at an existing source that will have
emissions of the nonattainment, reattainment or maintenance pollutant equal to
or greater than the SER over the netting basis.
(b) In any designated area, for actions other
than those identified in subsection (a):
(A)
Construction of a new source that will have emissions of a regulated pollutant
equal to or greater than the SER; or
(B) Increasing emissions of a regulated
pollutant to an amount that is equal to or greater than the SER over the
netting basis.
(c) GHGs
are not subject to State NSR.
(d)
Type A and Type B State NSR: State NSR actions are categorized as follows:
(A) Actions under subsection (a), and actions
for which the source must comply with OAR
340-224-0245(2),
are categorized as Type A State NSR actions; and
(B) Actions under subsection (b) are
categorized as Type B State NSR unless the source must comply with OAR
340-224-0245(2).
(3) The
owner or operator of a source subject to section (1) or (2) must apply this
division based on the type of designated area where the source is located for
each regulated pollutant, taking the following into consideration:
(a) The source may be subject to this
division for multiple pollutants;
(b) Some pollutants, including but not
limited to NOx, may be subject to multiple requirements in this division both
as pollutants and as precursors to other pollutants;
(c) Every location in the state carries an
area designation for each criteria pollutant and the entire state is treated as
an unclassified area for regulated pollutants that are not criteria pollutants;
and
(d) Designated areas may
overlap.
(4) Where this
division requires the owner or operator of a source to conduct analysis under
or comply with a rule in OAR 340 division 225, the owner or operator must
complete such work in compliance with OAR
340-225-0030
and
340-225-0040.
(5) Owners and operators of all
sources may be subject to other DEQ rules, including, but not limited to,
Notice of Construction and Approval of Plans (OAR
340-210-0205
through
340-210-0250
), ACDPs (OAR 340 division 216), Title V permits (OAR 340 division 218),
Highest and Best Practicable Treatment and Control (OAR
340-226-0100
through
340-226-0140
), Emission Standards for Hazardous Air Contaminants (OAR 340 division 244),
and Standards of Performance for New Stationary Sources (OAR 340 division 238),
as applicable.
(6) An owner or
operator of a source that meets the applicability criteria of sections (1) or
(2) may not begin actual construction, continue construction or operate the
source without complying with the requirements of this division and obtaining
an air contaminant discharge permit (ACDP) issued by DEQ authorizing such
construction or operation.
(7)
Subject to the requirements in this division and OAR
340-200-0010(3),
LRAPA is designated by the EQC to implement the rules in this division within
its area of jurisdiction.
NOTE: This rule is included in the State of Oregon Clean Air Act Implementation Plan as adopted by the EQC under OAR 340-200-0040.
Notes
Stat. Auth.: ORS 468.020, 468A.025, 468A.040, 468A.050, 468A.055, 468A.135 & 468A.155
Stats. Implemented: ORS 468A
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