For the purpose of OAR 340-210-0200 through
340-210-0250, changes that
involve new construction or modifications of sources or air pollution control
devices are divided into the following Types:
(1) Type 1 changes include construction or
modification of sources or air pollution control devices where such a change
meets the criteria in subsections (a) through (f):
(a) Would not increase emissions from the
source above the PSEL by more than the de minimis emission level defined in OAR
340-200-0020 for sources
required to have a permit;
(b)
Would not increase emissions from the source above the netting basis by more
than or equal to the SER;
(c) Would
not increase emissions from any new, modified, or replaced device, activity or
process, or any combination of devices, activities or processes at the source
by more than the de minimis levels defined in OAR
340-200-0020;
(d) Would not be used to establish a
federally enforceable limit on the potential to emit; and
(f) Is not required to obtain a permit under
OAR 340 division 216.
(2)
Type 2 changes include construction or modification of sources or air pollution
control devices where such a change meets the criteria in subsections (a)
through (f):
(a) Would not increase emissions
from the source above the PSEL by more than the de minimis level defined in OAR
340-200-0020 for sources
required to have a permit;
(b)
Would not increase emissions from the source above the netting basis by more
than or equal to the SER;
(c) Would
not increase emissions from any new, modified, or replaced device, activity or
process, or any combination of devices, activities or processes at the source
by more than or equal to the SER;
(d) Would not be used to establish a
federally enforceable limit on the potential to emit;
(f) Is not required to obtain a permit under
OAR 340 division 216.
(3)
Type 3 changes include construction or modification of sources or air pollution
control devices where such a change does not qualify as a Type 4 change under
section (4) and:
(a) Would increase emissions
from the source above the PSEL by more than the de minimis emission level
defined in OAR
340-200-0020 before applying
unassigned emissions or emissions reduction credits available to the source but
less than the SER after applying unassigned emissions or emissions reduction
credits available to the source for sources required to have a
permit;
(b) Would increase
emissions from any new, modified, or replaced device, activity or process, or
any combination of devices, activities or processes at the source by more than
the SER but are not subject to OAR
340-222-0041(4);
(c) Would be used to establish a federally
enforceable limit on the potential to emit; or
(4) Type 4 changes include construction or
modification of sources or air pollution control devices where such a change or
changes would increase emissions from the source above the PSEL, after applying
unassigned emissions or emissions reduction credits available to the source, or
netting basis of the source by more than the SER.
NOTE: This rule is included in the State of Oregon Clean Air
Act Implementation Plan that EQC adopted under OAR
340-200-0040.
Notes
Or. Admin. Code
§
340-210-0225
DEQ 15, f. 6-12-70, ef.
9-1-70; DEQ 5-1989, f. 4-24-89, cert. ef. 5-1-89; DEQ 4-1993, f. & cert.
ef. 3-10-93; DEQ 12-1993, f. & cert. ef. 9-24-93; Renumbered from
340-020-0030; DEQ 19-1993, f. & cert. ef. 11-4-93; DEQ 14-1999, f. &
cert. ef. 10-14-99, Renumbered from 340-028-0820; DEQ 6-2001, f. 6-18-01, cert.
ef. 7-1-01, Renumbered from 340-210-0220;
DEQ
7-2015, f. & cert. ef.
4/16/2015;
DEQ
19-2022, amend filed 11/18/2022, effective
3/1/2023
Statutory/Other Authority: ORS
468.020,
468A.025,
468A.040,
468A.050, ORS
468A.055,
468A.070 &
468A.310
Statutes/Other Implemented: ORS
468A.025,
468A.035,
468A.040,
468A.050,
468A.055,
468A.070 &
468A.310