Or. Admin. Code § 340-245-0140

Current through Register Vol. 63, No. 10, October 1, 2024

Section 340-245-0140 - Pollution Prevention

(1) The owner or operator of a source whose risk is greater than the TBACT Level, before any additional risk reduction measures are considered, is required to do an analysis of pollution prevention measures as provided in this rule.

(2) The owner or operator must evaluate pollution prevention measures that are likely to reduce or eliminate emissions of toxic air contaminants. If the owner or operator chooses to implement any such measures, the owner or operator must include that information in the Toxic Air Contaminant Permit Addendum application.

(3) An analysis of pollution prevention measures must include the following:

(a) A detailed review of source data, including TEU and process level data related to the toxic air contaminants of concern emitted by the source, including:

(A) A process flow diagram depicting all production steps, showing all chemical and material inputs and all processes through which material passes to form a product, and showing the point at which toxic air contaminants enter the system and leave the production unit, with identification of the inputs and outputs relevant to generation of toxic air contaminants; and

(B) Materials accounting which quantifies the total chemical inputs and outputs of a particular toxic air contaminant from each process, and ultimately, source-wide usage and emissions;

(b) The identification of pollution prevention options that includes measures focused on the toxic air contaminants, by-products (outputs, not inputs) and processes that have been mapped and quantified. The categories of toxic air contaminant pollution prevention options include, but are not limited to, the following:

(A) Chemical input alternatives evaluated for hazard characteristics, technical performance, cost and availability, and exposure;

(B) Product reformulation;

(C) Production process redesign or modification;

(D) Production process modernization;

(E) Improved operations and maintenance;

(F) In-process recycling; and

(G) Inventory management controls;

(c) The technical screening and feasibility evaluation of toxic air contaminant pollution prevention options include, but are not limited to, the following:

(A) Performance needs for the application, process or product that contains the toxic air contaminant for which the pollution prevention option is being sought;

(B) Identification of the option as favorable with respect to performance by other industries;

(C) Availability as "off-the-shelf" technology with demonstrated successful use;

(D) Compatibility of the option with existing process technology;

(E) Effects on product quality and compliance with customer specifications; and

(F) Long term viability of the option;

(d) The economic feasibility evaluation of toxic air contaminant pollution prevention options to determine all of the costs and savings associated with implementing the option, include, but are not limited to, the following:

(A) Direct costs or savings (e.g., capital investment, operations and maintenance, annual chemical costs vs. per unit cost);

(B) Indirect costs or savings (e.g., reduced worker health and safety costs, compliance cost reductions, and lower waste and by-product management costs);

(C) Effects on future liability (e.g., liability insurance premium reductions);

(D) Non-monetized costs or benefits (e.g., improved company public image and community relations); and

(E) New revenue sources associated with this option (e.g., will there be new markets for modified products).

Or. Admin. Code § 340-245-0140

DEQ 197-2018, adopt filed 11/16/2018, effective 11/16/2018; DEQ 18-2021, amend filed 11/17/2021, effective 11/17/2021

Statutory/Other Authority: ORS 468.020, 468.065, 468A.025, 468A.040, 468A.050, 468A.070, 468A.155, 468A.135 & 468A.337

Statutes/Other Implemented: 468.065, 468A.025, 468A.040, 468A.050, 468A.070, 468A.155, 468A.010, 468A.015, 468A.035, 468A.337 & 468A.335