For existing sources, the emission limit established will be
typical of the emission level achieved by emissions units similar in type and
size. For new and modified sources, the emission limit established will be
typical of the emission level achieved by well controlled new or modified
emissions units similar in type and size that were recently installed. TACT
determinations will be based on information known to DEQ while considering
pollution prevention, impacts on other environmental media, energy impacts,
capital and operating costs, cost effectiveness, and the age and remaining
economic life of existing emission control devices. DEQ may consider emission
control technologies typically applied to other types of emissions units where
such technologies could be readily applied to the emissions unit. If an
emission limitation is not feasible, a design, equipment, work practice,
operational standard, or combination thereof, may be required.
(1) Existing Sources. An existing emissions
unit must meet TACT for existing sources if:
(b) The source is required to have a
permit;
(c) The emissions unit has
emissions of criteria pollutants equal to or greater than 5 tons per year of
particulate or 10 tons per year of any gaseous pollutant; and
(d) DEQ determines that air pollution control
devices and emission reduction processes in use for the emissions unit do not
represent TACT, and that further emission control is necessary to address
documented nuisance conditions, address an increase in emissions, ensure that
the source is in compliance with other applicable requirements, or protect
public health or welfare or the environment.
(2) New and Modified Sources. A new or
modified emissions unit must meet TACT for new or modified sources if:
(a) The new or modified emissions unit is not
subject to Major NSR in OAR 340 division 224, a Type A State NSR action under
OAR 340 division 224, an applicable Standard of Performance for New Stationary
Sources in OAR 340 division 238,
340-240-0110 through
340-240-0180,
340-240-0310(1),
340-240-320 through
340-240-0430, or any other
standard applicable only to new or modified sources in OAR 340 divisions 230,
234, 236, or 238 for the regulated pollutant emitted;
(b) The source is required to have a
permit;
(c) The emissions unit:
(A) If new, would have emissions of any
criteria pollutant equal to or greater than 1 ton per year in any area, or of
PM10 equal to or greater than 500 pounds per year in a PM10 nonattainment area;
or
(B) If modified, would have an
increase in emissions from the permitted level for the emissions unit of any
criteria pollutant equal to or greater than 1 ton per year in any area, or of
PM10 equal to or greater than 500 pounds per year in a PM10 nonattainment area;
and
(d) DEQ determines
that the proposed air pollution control devices and emission reduction
processes do not represent TACT.
(3) Before making a TACT determination, DEQ
will notify the owner or operator of a source that it intends to make such a
determination using information known to DEQ. The owner or operator of the
source may supply DEQ with additional information by a reasonable date set by
DEQ.
(4) The owner or operator of a
source subject to TACT must submit, by a reasonable date established by DEQ,
compliance plans and specifications for DEQ's approval. The owner or operator
of the source must demonstrate compliance in accordance with a method and
compliance schedule approved by DEQ.
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
§
340-226-0130
DEQ 19-1993, f. 11-4-93
& cert. ef. 1-1-94; DEQ 22-1996, f. & cert. ef. 10-22-96; DEQ 14-1999,
f. & cert. ef. 10-14-99, Renumbered from 340-028-0630; DEQ 6-2001, f.
6-18-01, cert. ef. 7-1-01;
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 & 468A
Statutes/Other Implemented: ORS
468.020 &
468A.025
