1. (1) For sources subject to a General ACDP or a General Oregon Title V Operating Permit, a PSEL may be set based on the potential to emit of the largest emitting source in that source category for all sources on that permit type in the state. PSELs will be set for all regulated pollutants emitted at more than the de minimis emission level.
2. (2) For sources subject to a Simple ACDP, a PSEL will be set equal to the source's potential to emit.
3. (3) For sources subject to a Standard ACDP or an Oregon Title V Operating Permit, a PSEL will be set equal to the source's potential to emit, netting basis or a level requested by the applicant, whichever is less, except as provided in section (4) or (5).

4. (4) The initial PSEL for PM2.5 for a source that was permitted on or before May 1, 2011 with potential to emit greater than or equal to the SER will be set equal to the PM2.5 fraction of the PM10 PSEL in effect on May 1, 2011.

   1. (a) Any source with a permit in effect on May 1, 2011 is eligible for an initial PM2.5 PSEL without being otherwise subject to section (5).

   2. (b) For a source that had a permit in effect on May 1, 2011 but later needs to correct its PM10 PSEL that was in effect on May 1, 2011 due to more accurate or reliable information, the corrected PM10 PSEL will be used to correct the initial PM2.5 PSEL.

      1. (A) Correction of a PM10 PSEL will not by itself trigger section (5) for PM2.5.
      2. (B) Correction of a PM10 PSEL could result in further requirements for PM10 in accordance with all applicable regulations.
   3. (c) If after establishing the initial PSEL for PM2.5 in accordance with this rule and establishing the initial PM2.5 netting basis in accordance with OAR 340-222-0046, the PSEL is more than nine tons above the netting basis, any future increase in the PSEL for any reason would be subject to section (5).

5. (5) If an applicant wants an annual PSEL at a rate greater than the netting basis, the applicant must, consistent with OAR 340-222-0035:

   1. (a) Demonstrate that the requested increase over the netting basis is less than the SER; or

   2. (b) For increases equal to or greater than the SER over the netting basis, demonstrate that the applicable Major NSR or State NSR requirements in OAR chapter 340, division 224 have been satisfied, except that:

      1. (A) An increase in the PSEL for GHGs is subject to the requirements of NSR specified in OAR 340-224-0010(1)(c) only if the criteria in OAR 340-224-0010(1)(c) are met; and
      2. (B) An increase in the PSEL for particulate matter (PM) is not subject to the air quality analysis but an air quality analysis is required for PM10 or PM2.5 increases, if applicable.
6. (6) If the netting basis is adjusted in accordance with OAR 340-222-0051(3), then the PSEL is not required to be adjusted.

7. (7) For sources that meet the criteria in subsections (a), (b) and (c), the requirements of section (5) do not immediately apply, but any future increase in the PSEL greater than or equal to the de minimis level for any reason is subject to section (5).

   1. (a) A PSEL is established or revised to include emissions from activities that both existed at a source and were defined as categorically insignificant activities prior to April 16, 2015;
   2. (b) The PSEL exceeds the netting basis by more than or equal to the SER solely as a result of a revision described in subsection (a); and

   3. (c) The source would not have been subject to Major NSR or Type A State NSR under the applicable requirements of division 224 prior to April 16, 2015 if categorically insignificant activities had been considered.

      [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
DEQ 7-2015, f. & cert. ef. 4-16-15
DEQ 11-2002, f. & cert. ef. 10-8-02
DEQ 6-2001, f. 6-18-01, cert. ef. 7-1-01