1. (1) This rule applies to fuel burning equipment, except solid fuel burning devices that have been certified under OAR 340-262-0500.

2. (2) No person may cause, suffer, allow, or permit particulate matter emissions from any fuel burning equipment 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 emissions 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 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 (e.g., backup fuel) 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 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;
   3. (c) For sources installed, constructed or modified on or after April 16, 2015, 0.10 grains per dry standard cubic foot.
   4. (d) For sources installed, constructed or modified before June 1, 1970, 0.17 grains per dry standard cubic foot if the owner or operator requested this alternative limit by no later than Oct. 1, 2019 and demonstrated, based on a signed report prepared by a registered professional engineer that specializes in boiler/multiclone operation, that the fuel burning equipment was unable to comply with the standard in subparagraph (a)(B).

3. (3) Compliance with the emissions standards in section (2) is determined using Oregon Method 5, or an alternative method approved by DEQ. [NOTE: Sampling methods are found in the DEQ Source Sampling Manual published with OAR 340-200-0035.]

   1. (a) For fuel burning equipment that burns wood fuel by itself or in combination with any other fuel, the emission results are corrected to 12% CO2.
   2. (b) For fuel burning equipment that burns fuels other than wood, the emission results are corrected to 50% excess air.

   3. (c) 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 fuel burning equipment 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 1-2012, f. & cert. ef. 5-17-12
Reverted to DEQ 8-2007, f. & cert. ef. 11-8-07
DEQ 7-2011(Temp), f. & cert. ef. 6-24-11 thru 12-19-11
DEQ 8-2007, f. & cert. ef. 11-8-07
DEQ 14-1999, f. & cert. ef. 10-14-99, Renumbered from 340-021-0020
DEQ 3-1996, f. & cert. ef. 1-29-96
DEQ 4-1993, f. & cert. ef. 3-10-93
DEQ 18-1982, f. & ef. 9-1-82
DEQ 6-1981, f. & ef. 2-17-81
DEQ 12-1979, f. & ef. 6-8-79
DEQ 16, f. 6-12-70, ef. 7-11-70