Or. Admin. R. 340-223-0110

Current through Register Vol. 63, No. 6, June 1, 2024

Section 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.]

Or. Admin. R. 340-223-0110

DEQ 14-2021, adopt filed 07/26/2021, effective 7/26/2021

Statutory/Other Authority: ORS 468 & 468A

Statutes/Other Implemented: ORS 468A.025