1. (1) PSELs may not exceed limits established by any applicable federal or state regulation or by any specific permit conditions unless the source meets the specific provisions of OAR 340-226-0400 (Alternative Emission Controls).

2. (2) DEQ may change PSELs at the time of a permit renewal, or if DEQ modifies a permit pursuant to OAR 340-216-0084, Department Initiated Modifications, or 340-218-0200, Reopenings, if:

   1. (a) DEQ determines errors were made in calculating the PSELs or more accurate and reliable data is available for calculating PSELs; or
   2. (b) More stringent control is required by a rule adopted by the EQC.
3. (3) PSEL reductions required by rule, order or permit condition will be effective on the compliance date of the rule, order, or permit condition.
4. (4) Annual PSELs apply on a rolling 12-consecutive month basis and limit the source's potential to emit.
5. (5) PSELs do not include emissions from categorically insignificant activities. Emissions from categorically insignificant activities must be considered when determining Major NSR or Type A State NSR applicability under OAR chapter 340, division 224.

6. (6) PSELs must include aggregate insignificant emissions, if applicable. Emissions from aggregate insignificant activities must be considered when determining Major NSR or State NSR applicability under OAR chapter 340, division 224.

   [NOTE: This rule was moved verbatim from OAR 340-222-0043 and 340-222-0070 and amended on 04-16-15. Previous rule history for OAR 340-222-0043: DEQ 6-2001, f. 6-18-01, cert. ef. 7-1-01. Previous rule history for OAR 340-222-0070: DEQ 12-1993, f. & cert. ef. 9-24-93; DEQ 19-1993, f. & cert. ef. 11-4-93; DEQ 2-1996, f. & cert. ef. 1-29-96; DEQ 14-1999, f. & cert. ef. 10-14-99, Renumbered from 340-028-1060; DEQ 6-2001, f. 6-18-01, cert. ef. 7-1-01]

   [NOTE: This rule is included in the State of Oregon Clean Air Act Implementation Plan that EQC adopted under OAR 340-200-0040.]

Statutory/Other Authority

ORS 468.020, 468A.025, 468A.040 & 468A.310

Statutes/Other Implemented

ORS 468A

History

DEQ 19-2022, amend filed 11/18/2022, effective 03/01/2023
Renumbered from 340-222-0043, DEQ 7-2015, f. & cert. ef. 4-16-15
DEQ 6-2001, f. 6-18-01, cert. ef. 7-1-01