Within a designated attainment or unclassified area, and when
referred to this rule by other rules in this division, a source that is subject
to Major NSR for any regulated pollutant, other than nonattainment pollutants
and reattainment pollutants, must meet the requirements listed below for each
such pollutant, except that GHGs are only subject to subsection (2):
Preconstruction Air Quality Monitoring:
The owner or operator of a source must submit with the application an analysis
of ambient air quality in the area impacted by the proposed project for each
regulated pollutant subject to this rule except as allowed by paragraph (B).
(i) The analysis must include continuous air
quality monitoring data for any regulated pollutant subject to this rule that
may be emitted by the source, except for volatile organic compounds.
(ii) The data must relate to the year
preceding receipt of the complete application and must have been gathered over
the same time period.
(iii) DEQ may
allow the owner or operator to demonstrate that data gathered over some other
time period would be adequate to determine that the source would not cause or
contribute to a violation of an ambient air quality standard or any applicable
preconstruction monitoring is required by this section, at least four months of
data must be collected, including the season DEQ judges to have the highest
PM10/PM2.5 levels. PM10/PM2.5 must be measured using 40 CFR part 50
J and L. In some cases, a full year of data will be required.
(v) The owner or operator must submit a
written preconstruction air quality monitoring plan at least 60 days prior to
the planned beginning of monitoring. The applicant may not commence monitoring
under the plan until DEQ approves the plan in writing.
Required air quality monitoring must
comply with 40 CFR part 58
Appendix A, "Quality Assurance Requirements for
SLAMS, SPMs and PSD Air Monitoring" and with other methods on file with
(vii) With DEQ's approval, the
owner or operator may use representative or conservative background
concentration data in lieu of conducting preconstruction air quality monitoring
if the source demonstrates that such data is adequate to determine that the
source would not cause or contribute to a violation of an ambient air quality
standard or any applicable PSD increment.
DEQ may exempt the owner or operator of a
source from preconstruction monitoring for a specific regulated pollutant if
the owner or operator demonstrates that the air quality impact from the
emissions increase would be less than the amounts listed below, or that modeled
competing source concentration plus the general background concentration of the
regulated pollutant within the source impact area, as defined in OAR 340
division 225, are less than the following significant monitoring
(i) Carbon monoxide; 575
ug/m3, 8 hour average;
Nitrogen dioxide; 14 ug/m3, annual average;
(iii) PM10; 10 ug/m3, 24 hour
(iv) PM2.5; 0 ug/m3,
dioxide; 13 ug/m3, 24 hour average;
(vi) Ozone; Any net increase of 100 tons/year
or more of VOCs from a source requires an ambient impact analysis, including
the gathering of ambient air quality data unless the existing representative
monitoring data shows maximum ozone concentrations are less than 50 percent of
the ozone ambient air quality standards based on a full season of
(vii) Lead; 0.1 ug/m3,
24 hour average;
0.25 ug/m3, 24 hour average;
Total reduced sulfur; 10 ug/m3, 1 hour average;
(x) Hydrogen sulfide; 0.04 ug/m3, 1 hour
(xi) Reduced sulfur
compounds; 10 ug/m3, 1 hour average.
(b) Post-Construction Air Quality Monitoring:
DEQ may require post-construction ambient air quality monitoring as a permit
condition to establish the effect of actual emissions, other than volatile
organic compounds, on the air quality of any area that such emissions could
Available Control Technology (BACT). For a source under the applicability
criteria in OAR 340-224-0010
(1)(a)(A), the owner or operator must apply BACT
for each regulated pollutant emitted at or above a SER. For a source under the
applicability criteria in 340-224-0010(1)(a)(B) or (C), BACT applies to each
regulated pollutant that is emitted at or above a SER over the netting basis
and meets the criteria of major modification in OAR 340-224-0025
. In the
Medford-Ashland AQMA, the owner or operator of any PM10 source must comply with
the LAER emission control technology requirement in OAR 340-224-0050
(1), and is
exempt from the BACT provision of this section.
For a major modification, the requirement
for BACT applies to the following:
emissions unit that emits the regulated pollutant and is not included in the
most recent netting basis established for that regulated pollutant;
Each emissions unit that
emits the regulated pollutant and is included in the most recent netting basis
and contributed to the emissions increase calculated in OAR
(2)(a)(B) for the regulated pollutant.
(b) For phased construction projects, the
BACT determination must be reviewed at the latest reasonable time before
commencement of construction of each independent phase.
When determining BACT for a change that
was made at a source before the current Major NSR application, any additional
cost of retrofitting required controls may be considered provided:
(A) The change was made in compliance with
Major NSR requirements in effect at the time the change was made, and
(B) No limit is being relaxed that was
previously relied on to avoid Major NSR.
Modifications to individual emissions
units that have an emission increase, calculated per OAR 340-224-0025
that is less than 10 percent of the SER are exempt from this section unless:
(A) They are not constructed yet;
(B) They are part of a discrete, identifiable
larger project that was constructed within the previous 5 years and that is
equal to or greater than 10 percent of the SER; or
(C) They were constructed without, or in
violation of, DEQ's approval.
Air Quality Protection:
Air Quality Analysis:
The owner or operator of the source must
comply with OAR 340-225-0050
for each regulated pollutant for
which emissions will exceed the netting basis by the SER or more due to the
proposed source or modification.
The owner or operator of a federal major
source must comply with OAR 340-225-0050
(4) and 340-225-0070.
(b) For increases of direct PM2.5
or PM2.5 precursors equal to or greater than the SERs, 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.
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
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:
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
for ozone designated areas.
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
for designated areas other than ozone
NOTE: Section (1) of this rule was moved verbatim from OAR
340-225-0050(4) and amended on 04-16-15. Previous rule history for OAR
340-225-0050: DEQ 6-2001, f. 6-18-01, cert. ef. 7-1-01; DEQ 11-2002, f. &
cert. ef. 10-8-02; DEQ 1-2004, f. & cert. ef. 4-14-04; 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
[NOTE: This rule is included in the State of Oregon Clean Air
Act Implementation Plan that EQC adopted under OAR 340-200-0040.]
[NOTE: View a PDF of referenced C.F.R. Appendices by clicking
on "Tables" link below.]
Or. Admin. R.
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 14-1985, f. & ef. 10-16-85; DEQ 5-1986, f. & ef. 2-21-86; DEQ
8-1988, f. & cert. ef. 5-19-88 (and corrected 5-31-88 ); DEQ 27-1992, f.
& cert. ef. 11-12-92, Section (8) Renumbered from 340-020-0241; DEQ 4-1993,
f. & cert. ef. 3-10-93; DEQ 12-1993, f. & cert. ef. 9-24-93, Renumbered
from 340-020-0245; DEQ 19-1993, f. & cert. ef. 11-4-93; DEQ 26-1996, f.
& cert. ef. 11-26-96; DEQ 16-1998, f. & cert. ef. 9-23-98; DEQ 1-1999,
f. & cert. ef. 1-25-99; DEQ 14-1999, f. & cert. ef. 10-14-99,
Renumbered from 340-028-1940; DEQ 6-2001, f. 6-18-01, cert. ef. 7-1-01; DEQ
11-2002, f. & cert. ef. 10-8-02; DEQ 1-2004, f. & cert. ef. 4-14-04;
DEQ 1-2005, f. & cert. ef. 1-4-05; 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;
7-2015, f. & cert. ef.
13-2019, amend filed 05/16/2019, effective
Statutory/Other Authority: ORS
Statutes/Other Implemented: ORS 468A