1. (1) This rule does not apply to the following:

   1. (a) Fugitive emissions sources;
   2. (b) Fuel burning equipment;
   3. (c) Refuse burning equipment; or to
   4. (d) Solid fuel burning devices certified under OAR 340-262-0500.

2. (2) No person may cause, suffer, allow, or permit particulate matter emissions from any air contaminant source in excess of the following limits:

   1. (a) For sources installed, constructed, or modified before June 1, 1970:

      1. (A) 0.10 grains per dry standard cubic foot if all representative compliance source test results collected prior to April 16, 2015, demonstrate that emissions are no greater than 0.080 grains per dry standard cubic foot;
      2. (B) 0.15 grains per dry standard cubic foot if any representative compliance source test results collected prior to April 16, 2015 demonstrate that emissions are greater than 0.080 grains per dry standard cubic foot, or if there are no representative compliance source test results; and
      3. (C) In addition to the limits in paragraphs (A) and (B), for equipment or a mode of operation that is used less than 876 hours per calendar year, 0.20 grains per dry standard cubic foot.

   2. (b) For sources installed, constructed, or modified on or after June 1, 1970 but prior to April 16, 2015:

      1. (A) 0.10 grains per dry standard cubic foot if all representative compliance source test results prior to April 16, 2015 demonstrate that emissions are no greater than 0.080 grains per dry standard cubic foot; or
      2. (B) 0.14 grains per dry standard cubic foot if any representative compliance source test results prior to April 16, 2015 are greater than 0.080 grains per dry standard cubic foot, or if there are no representative compliance source test results; and.
   3. (c) For sources installed, constructed or modified on or after April 16, 2015, 0.10 grains per dry standard cubic foot.

3. (3) Compliance with the emissions standards in section (2) is determined using:

   1. (a) Oregon Method 5;
   2. (b) DEQ Method 8, as approved by DEQ for sources with exhaust gases at or near ambient conditions;
   3. (c) DEQ Method 7 for direct heat transfer sources [NOTE: DEQ Methods are described in the DEQ Source Sampling Manual published with OAR 340-200-0035]; or
   4. (d) An alternative method approved by DEQ.

   5. (e) For purposes of this rule, representative compliance source test results are data that was obtained:

      1. (A) No more than ten years before April 16, 2015; and

      2. (B) When a source is operating and maintaining air pollution control devices and emission reduction processes at the highest reasonable efficiency and effectiveness to minimize emissions based on the current configuration of the emissions unit and pollution control equipment.

         [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.070

Statutes/Other Implemented

ORS 468A.025 & 468A.070

History

DEQ 19-2022, amend filed 11/18/2022, effective 03/01/2023
DEQ 13-2019, amend filed 05/16/2019, effective 05/16/2019
DEQ 7-2015, f. & cert. ef. 4-16-15
DEQ 6-2001, f. 6-18-01, cert. ef. 7-1-01
DEQ 14-1999, f. & cert. ef. 10-14-99, Renumbered from 340-021-0030
DEQ 3-1996, f. & cert. ef. 1-29-96
DEQ 4-1993, f. & cert. ef. 3-10-93
DEQ 37, f. 2-15-72, ef. 3-1-72