(1) A netting basis
will only be established for those regulated pollutants that could subject a
source to NSR under OAR 340 division 224.
(a)
The initial PM2.5 netting basis for a source that was permitted prior to May 1,
2011 will be established with the first permitting action issued after July 1,
2011, provided the permitting action involved a public notice period that began
after July 1, 2011.
(b) The initial
greenhouse gas netting basis for a source will be established with the first
permitting action issued after July 1, 2011, provided the permitting action
involved a public notice period that began after July 1,
2011.
(2) A source's
netting basis is established as specified in subsection (a), (b), or (c) and
will be adjusted according to section (3):
(a)
For all regulated pollutants except for PM2.5, a source's initial netting basis
is equal to the baseline emission rate.
(b) For PM2.5, a source's initial netting
basis is equal to the overall PM2.5 fraction of the PM10 PSEL in effect on May
1, 2011 multiplied by the PM10 netting basis in effect on May 1, 2011. DEQ may
increase the initial PM2.5 netting basis by not more than 5 tons to ensure that
the PM2.5 PSEL does not exceed the PM2.5 netting basis by more than the PM2.5
SER.
(A) Any source with a permit in effect
on May 1, 2011 is eligible for a PM2.5 netting basis without being otherwise
subject to OAR
340-222-0041(4).
(B) For a source that had a permit in effect
on May 1, 2011 but later needs to correct its PM10 netting basis that was in
effect on May 1, 2011, due to more accurate or reliable information, the
corrected PM10 netting basis will be used to correct the initial PM2.5 netting
basis.
(i) Correction of a PM10 netting basis
will not by itself trigger OAR
340-222-0041(4)
for PM2.5.
(ii) Correction of a
PM10 netting basis could result in further requirements for PM10 in accordance
with all applicable regulations.
(c) A source's netting basis is zero for:
(A) Any regulated pollutant emitted from a
source that first obtained permits to construct and operate after the
applicable baseline period for that regulated pollutant, and has not undergone
NSR for that regulated pollutant, except as provided in subsection (2)(b) for
PM2.5;
(B) Any regulated pollutant
that has a generic PSEL in a permit; or
(C) Any source permitted as
portable.
(3) A
source's netting basis will be adjusted as follows:
(a) The netting basis will be reduced by any
emission reductions required under a rule, order, or permit condition issued by
the EQC or DEQ and required by the SIP or used to avoid any state (e.g., NSR)
or federal requirements (e.g., NSPS, NESHAP), as of the effective date of the
rule, order or permit condition;
(A) Netting
basis reductions are effective on the effective date of the rule, order or
permit condition that requires the reductions;
(B) Netting basis reductions may only apply
to sources that are permitted, on the effective date of the applicable rule,
order or permit condition, to operate the affected devices or emissions units
that are subject to the rule, order, or permit condition requiring emission
reductions;
(C) Netting basis
reductions will include reductions for unassigned emissions for devices or
emissions units that are affected by the rule, order or permit condition, if
the shutdown or over control that created the unassigned emissions occurred
within five years prior to the adoption of the rule, order or permit condition
that required an emission reduction unless the unassigned emissions have been
used for internal netting actions. This provision applies to emission
reductions that have been placed in unassigned emissions or that are eligible
to be placed in unassigned emissions but the permit that would place them in
unassigned emissions has not been issued.
(D) Netting basis reductions will not affect
emission reduction credits established under division 268.
(E) Netting basis reductions for the affected
devices or emissions units will be determined consistent with the approach used
to determine the netting basis prior to the regulatory action reducing the
emissions. The netting basis reduction is the difference between the emissions
calculated using the previous emission rate and the emission rate established
by rule, order, or permit using appropriate conversion factors when
necessary.
(F) The netting basis
reductions will not include emission reductions achieved under OAR
340-226-0110,
340-226-0120, or OAR 340
division 244;
(b) The
netting basis will be reduced by any unassigned emissions that are reduced
under OAR
340-222-0055(3)(a);
(c) The netting basis will be reduced by the
amount of emission reduction credits transferred off site in accordance with
OAR 340 division 268;
(d) The
netting basis will be reduced when actual emissions are reduced according to
OAR
340-222-0051(3);
(e) The netting basis will be increased by
any of the following:
(A) For sources that
obtained a permit on or after April 16, 2015, any emission increases approved
through Major NSR or Type A State NSR action under OAR 340 division
224;
(B) For sources that obtained
a permit prior to April 16, 2015, any emission increases approved through the
NSR regulations in OAR 340 division 224 in effect at the time; or
(C) For sources where the netting basis was
increased in accordance with the DEQ PSD rules that were in effect prior to
July 1, 2001, the netting basis may include emissions from emission units that
were not subject to both an air quality analysis and control technology
requirements if the netting basis had been increased following the rules in
effect at the time.
(f)
The netting basis will be increased by any emissions from activities previously
classified as categorically insignificant prior to April 16, 2015, provided the
activities existed during the baseline period or at the time of the last NSR
permitting action that changed the netting basis under subsection
(e).
(4) In order to
maintain the netting basis, permittees must maintain either a Standard ACDP or
an Oregon Title V Operating Permit. A request to be assigned any other type of
ACDP sets the netting basis at zero upon issuance of the other type of permit
and remains at zero unless an increase is approved under subsection
(3)(e).
(5) If a source relocates
to a different site that DEQ determines is within or affects the same airshed,
and the time between operation at the old and new sites is less than six
months, the source may retain the netting basis from the old site.
(6) A source's netting basis for a regulated
pollutant with a revised definition will be corrected if the source is emitting
the regulated pollutant at the time the definition is revised, and the
regulated pollutant is included in the source's netting basis.
(7) Where EPA requires an attainment
demonstration based on dispersion modeling, the netting basis must not be more
than the level used in the dispersion modeling to demonstrate attainment with
the ambient air quality standard (i.e., the attainment demonstration is an
emission reduction required by rule).
NOTE: This rule was moved verbatim from OAR
340-200-0020(76)
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.
