Within a designated nonattainment area, a source subject to State NSR must meet the following requirements for each nonattainment pollutant:

1. (1) If the increase in emissions is the result of a major modification, the owner or operator must apply BACT under OAR 340-224-0070(2).

2. (2) Air Quality Protection:

   1. (a) Air Quality Analysis: An air quality analysis is not required except that the owner or operator of a federal major source must comply with OAR 340-225-0050(4) and 340-225-0070.

   2. (b) Net Air Quality Benefit: The owner or operator of the source must satisfy the requirements of paragraph (A), (B), or (C), as applicable:

      1. (A) For ozone nonattainment areas, OAR 340-224-0510 and 340-224-0520;
      2. (B) For sources located in non-ozone nonattainment areas, that will emit 100 tons per year or more of the nonattainment pollutant, OAR 340-224-0510 and 340-224-0530(2) and (4);
      3. (C) For sources located in non-ozone nonattainment areas, that will emit less than 100 tons per year of the nonattainment pollutant, OAR 340-224-0510 and 340-224-0530(3) and (4).

3. (3) Sources Impacting Other Designated Areas: The owner or operator of any source that will have a significant impact on air quality in a designated area other than the one the source is locating in must also meet the following requirements, as applicable:

   1. (a) The owner or operator of any source that emits an ozone precursor (VOC or NOx) at or above the SER over the netting basis is considered to have a significant impact if located within 100 kilometers of a designated ozone area, and must also meet the requirements for demonstrating net air quality benefit under OAR 340-224-0510 and 340-224-0520 for ozone designated areas.

   2. (b) The owner or operator of any source that emits any criteria pollutant, other than NOx as an ozone precursor, at or above the SER over the netting basis and has an impact equal to or greater than the Class II SIL on another designated area must also meet the requirements for demonstrating net air quality benefit under OAR 340-224-0510 and 340-224-0540 for designated areas other than ozone designated areas.

      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.035, 468A.040, 468A.050, 468A.055 & 468A.070

Statutes/Other Implemented

ORS 468A

History

DEQ 7-2015, f. & cert. ef. 4-16-15