Or. Admin. Code § 340-223-0110 - Options for Compliance with Round II of Regional Haze
(1) All sources subject to the requirements
of round II of regional haze, as determined in OAR
340-223-0100(1),
must submit a four factor analysis as required under OAR
340-223-0120(1)
and install all controls determined by DEQ to be cost effective for controlling
round II regional haze pollutants on the fastest timeline determined by DEQ to
be practicable and no later than July 31, 2026 based on the agency record at
the time of its decision and in an order issued under OAR
340-223-0130(1)
following DEQ's adjustment and review of the four factor analysis.
(2) DEQ may, but is not required to, offer
alternative compliance with subsection (1) by entering into a stipulated
agreement and final order under which a source agrees to take one of the
actions identified in paragraphs (b)(A) through (E). A stipulated agreement and
final order shall identify the action that shall be taken by the source and the
timeline for the action, which shall be the fastest timeline determined by DEQ
to be practicable as well any monitoring, recordkeeping, reporting, or other
requirements that DEQ determines are necessary to ensure actions taken by the
source are enforceable.
(a) If DEQ chooses
not to enter into a stipulated agreement and final order under this subsection
(2), a source shall comply with subsection (1).
(b) DEQ may enter into a stipulated agreement
and final order in which a source agrees to:
(A) Accept federally enforceable reductions
of combined plant site emission limits of round II regional haze pollutants to
bring the source's Q/d below 5.00. Notwithstanding OAR
340-222-0040, a source may take
a PSEL reduction below the generic PSEL to achieve an overall PSEL of round II
regional haze pollutants below a Q/d of 5.00. A source's Q/d will be considered
to be brought below 5.00 when Q/d is below 5.00 using the calculation in OAR
340-223-0100(2),
except that the Q factor shall be calculated by adding the plant site emission
limits for regional haze pollutants as stated in the stipulated agreement and
final order;
(B) Install controls
identified by the source in a four factor analysis as cost effective for that
source for reducing round II regional haze pollutants. DEQ must agree that the
controls identified will result in the greatest cost effective emissions
reduction at the identified emissions unit and DEQ must establish a timeline
for installation of those controls that is the fastest practicable timeline for
installation of the identified controls and that is no later than July 31,
2026;
(C) Install controls or
reduce emissions for round II regional haze pollutants that DEQ determines, in
its sole discretion, provide equivalent emissions reductions to controls that
would be identified as cost effective for that source following the adjustment
and review of a four factor analysis. DEQ must establish a timeline for
installation of those controls that is the fastest practicable timeline for
installation of the identified controls and that is no later than July 31,
2026;
(D) Maintain controls that
the source has already installed to control round II regional haze pollutants
or maintain reduced emissions of regional haze pollutants that DEQ determines,
in its sole discretion, have provided and will continue to provide equivalent
emissions reductions to controls that would be identified as cost effective for
that source following adjustment and review of a four factor analysis;
or
(E) Replace an emissions unit
with a new emissions unit that meets the emission limits and requirements of
the most recent applicable standard in place at the time of the permitting of
the new emissions unit. DEQ must establish a timeline for installation of the
new emissions unit that is the fastest practicable timeline for installation of
the new emissions unit and that is no later than July 31, 2031.
(c) The stipulated agreement and
final order shall be incorporated into the source's Title V permit or upon
permit renewal.
(3) If a
source fails to take action as required under subsection (1) and DEQ has not
entered into a stipulated agreement and final order with that source under
subsection (2), DEQ shall complete a four factor analysis for that source, and
the source shall install all controls to control round II regional haze
pollutants determined by DEQ to be cost effective and based on the fastest
timeline determined by DEQ to be practicable and no later than July 31, 2026 in
an order issued under OAR
340-223-0130 based on
information compiled by DEQ in the agency record.
[NOTE: This rule is included in the State of Oregon Clean Air Act Implementation Plan that EQC adopted under OAR 340-200-0040.]
Notes
Statutory/Other Authority: ORS 468 & 468A
Statutes/Other Implemented: ORS 468A.025
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