The owner or operator of a source subject
to this division may obtain a portion of any remaining emissions in the
respective growth allowance in accordance with procedures described in the SIP
that is on file with DEQ, and based on the following conditions:
(a) Access is on a first-come-first-served
basis, based on the submittal date of a complete permit application;
Unused PSEL donation sources that meet
the donation criteria specified in OAR
have priority access to their respective growth allowance as a "tie-breaker"
over non-donation sources;
Except as provided below, no single source may receive an emissions allocation
of more than 1,000 tons of either VOC or NOx or more than 50% of any remaining
growth allowance; and
(d) A single
source must apply to the EQC to receive more than 1,000 tons of VOC or NOx, but
in no case more than 50% of the remaining growth allowance. To apply, sources
must submit air quality and other information as required by DEQ justifying its
request and must include information on significant economic, employment, or
other benefits to the Portland area that will result from the proposed source,
and the availability of emissions offsets. DEQ will evaluate ozone levels and
expected trends to determine whether the proposed facility poses any risk to
maintaining compliance with the ozone air quality standard prior to making a
recommendation to the EQC regarding the source application.
The amount of the CO growth
allowance that can be allocated is identified in the Portland Area Carbon
Monoxide Maintenance Plan, Section 4.58 of Volume 2 of the SIP on file with
NOTE: These rules are included in the State of
Oregon Clean Air Act Implementation Plan that EQC adopted under OAR
Or. Admin. R.
DEQ 17-1996, f. & cert.
ef. 8-14-96; DEQ 14-1999, f. & cert. ef. 10-14-99, Renumbered from
340-030-0740; DEQ 10-2004, f. & cert. ef. 12-15-04; DEQ 3-2007, f. &
cert. ef. 4-12-07;
7-2015, f. & cert. ef.
Publications: Publications referenced are available from the
Stat. Auth.: ORS 468.020, 468A.025 & 468A.040
Stats. Implemented: ORS 468A.025 &