(1)
Except as provided in sections (3) and (4), "major modification" means a change
at a source described in section (2) for any regulated pollutant subject to NSR
since the later of:
(a) The baseline period
for all regulated pollutants except PM2.5;
(b) May 1, 2011 for PM2.5; or
(c) The most recent Major or Type A State NSR
action for that regulated pollutant.
(2)
(a) Any
physical change or change in the method of operation of a source that results
in emissions described in paragraphs (A) and (B):
(A) A PSEL or actual emissions that exceed
the netting basis by an amount that is equal to or greater than the SER; and
(B) The accumulation of emission
increases due to all physical changes and changes in the method of operation
that is equal to or greater than the SER. For purposes of this paragraph,
emission increases shall be calculated as follows: For each unit with a
physical change or change in the method of operation occurring at the source
since the later of the dates in subsections (1)(a) through (1)(c) as applicable
for each pollutant, subtract the unit's portion of the netting basis from its
post-change potential to emit taking into consideration any federally
enforceable limits on potential to emit. Emissions from categorically
insignificant activities, aggregate insignificant emissions, and fugitive
emissions must be included in the calculations.
(b) For purposes of this section:
(A) "The unit's portion of the netting basis"
means the portion of the netting basis assigned to or associated with the unit
in question, taking into consideration the following, as applicable:
(i) The unit's portion of the netting basis
when the netting basis is established under OAR
340-222-0046(2);
and
(ii) Any adjustments under OAR
340-222-0046(3)
that affect the unit's portion of the netting basis.
(B) Emission increases due solely to
increased use of equipment or facilities that existed or were permitted or
approved to construct in accordance with OAR 340 division 210 during the
applicable baseline period are not included, except if the increased use is to
support a physical change or change in the method of operation.
(C) If a portion of the netting basis or PSEL
or both was set based on PTE because the source had not begun normal operations
but was permitted or approved to construct and operate, that portion of the
netting basis or PSEL or both must be excluded until the netting basis is reset
as specified in OAR
340-222-0046(3)(d)
and
340-222-0051(3).
(3) "Major
modification" means any change including production increases, at a source that
obtained a permit to construct and operate after the applicable baseline period
but has not undergone Major NSR or Type A State NSR, that meets the criteria in
subsections (a) or (b):
(a) The change would
result in a PSEL increase of the de minimis level or more for any regulated
pollutant at a federal major source in attainment, unclassified or sustainment
areas; or
(b) The change would
result in a PSEL increase of the de minimis level or more for the sustainment,
nonattainment, reattainment or maintenance pollutant if the source emits such
pollutant at the SER or more in a sustainment, nonattainment, reattainment, or
maintenance area.
(c) This section
does not apply to PM2.5 and greenhouse gases.
(d) Changes to the PSEL solely due to the
availability of more accurate and reliable emissions information are exempt
from being considered an increase under this section.
(4) Major modifications for ozone precursors
or PM2.5 precursors also constitute major modifications for ozone and PM2.5,
respectively.
(5) Except as
provided in sections (1), (3), and (4), the following are not major
modifications:
(a), Increases in hours of
operation or production rates that would cause emission increases above the
levels allowed in a permit but would not involve a physical change or change in
method of operation of the source.
(b) Routine maintenance, repair, and
replacement of components.
(c)
Temporary equipment installed for maintenance of the permanent equipment if the
temporary equipment is in place for less than six months and operated within
the permanent equipment's existing PSEL.
(d) Use of alternate fuel or raw materials,
that were available during, and that the source would have been capable of
accommodating in the baseline period.
(6) When more accurate or reliable emissions
information becomes available, a recalculation of the PSEL, netting basis, and
increases/decreases in emissions must be performed to determine whether a major
modification has occurred.
NOTE: This rule was moved verbatim from OAR
340-200-0020(71)
and amended on 04-16-15. Previous rule history for OAR
340-200-0020:
[DEQ 15-1978, f. & ef. 10-13-78; DEQ 4-1993, f. & cert. ef. 3-10-93;
DEQ 47, f. 8-31-72, ef. 9-15-72; DEQ 63, f. 12-20-73, ef. 1-11-74; DEQ 107, f.
& ef. 1-6-76; Renumbered from 340-020-0033.04; DEQ 25-1981, f. & ef.
9-8-81; DEQ 5-1983, f. & ef. 4-18-83; DEQ 18-1984, f. & ef. 10-16-84;
DEQ 8-1988, f. & cert. ef. 5-19-88 (and corrected 5-31-88 ); DEQ 14-1989,
f. & cert. ef. 6-26-89; DEQ 42-1990, f. 12-13-90, cert. ef. 1-2-91; DEQ
2-1992, f. & cert. ef. 1-30-92; DEQ 7-1992, f. & cert. ef. 3-30-92; DEQ
27-1992, f. & cert. ef. 11-12-92; DEQ 4-1993, f. & cert. ef. 3-10-93;
DEQ 12-1993, f. & cert. ef. 9-24-93, Renumbered from 340-020-0145,
340-020-0225, 340-020-0305, 340-020-0355, 340-020-0460 & 340-020-0520; DEQ
19-1993, f. & cert. ef. 11-4-93; DEQ 20-1993(Temp), f. & cert. ef.
11-4-93; DEQ 13-1994, f. & cert. ef. 5-19-94; DEQ 21-1994, f. & cert.
ef. 10-14-94; DEQ 24-1994, f. & cert. ef. 10-28-94; DEQ 10-1995, f. &
cert. ef. 5-1-95; DEQ 12-1995, f. & cert. ef. 5-23-95; DEQ 22-1995, f.
& cert. ef. 10-6-95; DEQ 19-1996, f. & cert. ef. 9-24-96; DEQ 22-1996,
f. & cert. ef. 10-22-96; DEQ 9-1997, f. & cert. ef. 5-9-97; DEQ
14-1998, f. & cert. ef. 9-14-98; DEQ 16-1998, f. & cert. ef. 9-23-98;
DEQ 21-1998, f. & cert. ef. 10-14-98; DEQ 1-1999, f. & cert. ef.
1-25-99; DEQ 6-1999, f. & cert. ef. 5-21-99 ]; DEQ 14-1999, f. & cert.
ef. 10-14-99, Renumbered from 340-020-0205, 340-028-0110; DEQ 6-2001, f.
6-18-01, cert. ef. 7-1-01; DEQ 2-2005, f. & cert. ef. 2-10-05; DEQ 2-2006,
f. & cert. ef. 3-14-06; DEQ 6-2007(Temp), f. & cert. ef. 8-17-07 thru
2-12-08; DEQ 8-2007, f. & cert. ef. 11-8-07; DEQ 10-2008, f. & cert.
ef. 8-25-08; DEQ 5-2010, f. & cert. ef. 5-21-10; DEQ 10-2010(Temp), f.
8-31-10, cert. ef. 9-1-10 thru 2-28-11; Administrative correction 3-29-11; DEQ
5-2011, f. 4-29-11, cert. ef. 5-1-11; DEQ 7-2011(Temp), f. & cert. ef.
6-24-11 thru 12-19-11; Administrative correction, 2-6-12; DEQ 1-2012, f. &
cert. ef. 5-17-12; DEQ 4-2013, f. & cert. ef. 3-27-13; DEQ 11-2013, f.
& cert. ef. 11-7-13
NOTE: This rule is included in the State of Oregon
Clean Air Act Implementation Plan that EQC adopted under OAR
340-200-0040.
