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Oregon Bulletin

September 1, 2011

 

Department of Environmental Quality
Chapter 340

Rule Caption: Greenhouse gas reporting requirements, fees and program updates.

Adm. Order No.: DEQ 11-2011

Filed with Sec. of State: 7-21-2011

Certified to be Effective: 7-21-11

Notice Publication Date: 7-1-2011

Rules Adopted: 340-215-0060

Rules Amended: 340-215-0010, 340-215-0020, 340-215-0030, 340-215-0040, 340-216-0020, 340-220-0050

Subject: These rules initially filed as part of administrative order DEQ 12-2010 are re-filed on request of legislative counsel.

      Global warming poses a serious threat to Oregon’s economy, environment and public health. Greenhouse gas reporting is crucial for Oregon to track and evaluate its greenhouse gas emissions. The Environmental Quality Commission adopted rules in 2008 that require certain air contaminant sources to report greenhouse gas emissions to the Oregon Department of Environmental Quality. The commission adopted rule amendments on October 22, 2010 that expand the reporting requirements to additional emission categories, establish fees and update the reporting program. The rules create reporting requirements for electricity suppliers and fuel distributors, which account for approximately two thirds of total greenhouse gas emissions for the state. The rules establish fees for reporting sources that hold air quality permits with DEQ to cover costs of developing and implementing the reporting program. The rules expand DEQ discretion on circumstances to defer or exempt facilities from reporting. The rules also avoid redundant reporting requirements and assure consistency in reporting by aligning Oregon’s requirements with federal greenhouse gas reporting rules.

Rules Coordinator: Maggie Vandehey—(503) 229-6878

340-215-0010

Purpose and Scope

(1) The purpose of this division is to establish requirements and procedures for the annual registration and reporting of greenhouse gas emissions to the Department using DEQ-approved reporting protocols.

(2) Subject to the requirements in this division and ORS 468A.100 through 468A.180, the Lane Regional Air Protection Agency is designated by the Environmental Quality Commission as the Agency to implement this division within its area of jurisdiction. The requirements and procedures contained in this division must be used by the Regional Agency to implement this division unless the Regional Agency adopts superseding rules that are at least as restrictive as this division.

Stat. Auth.: ORS 468A.050

Stats. Implemented: ORS 468 & 468A

Hist.: DEQ 13-2008, f. & cert. ef. 10-31-08; DEQ 12-2010, f. & cert. ef. 10-27-10; DEQ 11-2011, f. & cert. ef. 7-21-11

340-215-0020

Definitions

The definitions in OAR 340-200-0020 and this rule apply to this division. If the same term is defined in this rule and OAR 340-200-0020, the definition in this rule applies to this division.

(1) “Biomass” means non-fossilized and biodegradable organic material originating from plants, animals, and micro-organisms, including products, byproducts, residues and waste from agriculture, forestry, and related industries as well as the non-fossilized and biodegradable organic fractions of industrial and municipal wastes, including gases and liquids recovered from the decomposition of non-fossilized and biodegradable organic matter.

(2) “Carbon dioxide” (CO2) means the chemical compound containing one atom of carbon and two atoms of oxygen.

(3) “Carbon dioxide equivalent” (CO2e) means the quantity of a given greenhouse gas multiplied by a Global Warming Potential factor provided in DEQ-approved emissions reporting protocols.

(4) “Consumer-owned utility” means a people’s utility district organized under ORS chapter 261, a municipal utility organized under ORS chapter 225 or an electric cooperative organized under ORS chapter 62.

(5) “Direct emissions” means emissions from an air contamination source, including but not limited to fuel combustion activities, process related emissions, and fugitive emissions.

(6) “Electricity service supplier” has the meaning given that term in ORS 757.600.

(7) “Global Warming Potential factor” (GWP) means the radiative forcing impact of one mass-based unit of a given greenhouse gas relative to an equivalent unit of carbon dioxide over a given period of time.

(8) “Hydrofluorocarbons” (HFCs) means gaseous chemical compounds containing only hydrogen, carbon and fluorine atoms.

(9) To “Import” means to have ownership of electricity or fuel from locations outside of Oregon at the time electricity is brought into this state through transmission equipment or at the time fuel is brought into this state by any means of transport, other than fuel brought into this state in the fuel tank of a vehicle used for the propulsion of the vehicle.

(10) “Investor-owned utility” means a utility that sells electricity and that is operated by a corporation with shareholders.

(11) “Methane” (CH4) means the chemical compound containing one atom of carbon and four atoms of hydrogen.

(12) “Metric ton, tonne, or metric tonne” means one metric tonne (1000 kilograms) or 2204.62 pounds.

(13) “Nitrous oxide” (N2O) means the chemical compound containing two atoms of nitrogen and one atom of oxygen.

(14) “Perfluorocarbons” (PFCs) means gaseous chemical compounds containing only carbon and fluorine atoms.

(15) “Sulfur hexafluoride” (SF6) means the chemical compound containing one atom of sulfur and six atoms of fluorine.

(16) “Year” means calendar year.

Stat. Auth.: ORS 468A.050

Stats. Implemented: ORS 468 & 468A

Hist.: DEQ 13-2008, f. & cert. ef. 10-31-08; DEQ 12-2010, f. & cert. ef. 10-27-10; DEQ 11-2011, f. & cert. ef. 7-21-11

340-215-0030

Applicability

(1) The greenhouse gases subject to OAR 340-215-0030 through 340-215-0060 are carbon dioxide, methane, nitrous oxide, hydrofluorocarbons, perfluorocarbons, and sulfur hexafluoride.

(2) Air contamination sources.

(a) In 2010, any owner or operator of a source listed in paragraphs (A) through (C) below that directly emits 2,500 metric tons or more of carbon dioxide equivalent in 2009, must register and report greenhouse gas emissions regarding greenhouse gases emitted during 2009:

(A) Any source required to obtain a Title V Operating Permit, including those issued under OAR chapter 340, division 218;

(B) Any source required to obtain an Air Contaminant Discharge Permit, including those issued under OAR chapter 340, division 216 and that is referred to by one or more of the selected activities and source types listed in Table 1;

(C) Any source required to obtain an Air Contaminant Discharge Permit, including those issued under OAR chapter 340, division 216 that is referred to by the activities and source types listed in Table 1 Part B number 83 of OAR chapter 340, division 216, and by the Standard Industrial Classification (SIC) codes in Table 2.

(b) Beginning in 2011, any owner or operator of a source listed in paragraphs (A) through (C) below must register and report greenhouse gases directly emitted during the previous year, if the source’s direct emissions of carbon dioxide equivalent of greenhouse gases meet or exceed 2,500 metric tons during the previous year. Once a source’s direct emissions of carbon dioxide equivalent of greenhouse gases meet or exceed 2,500 metric tons during a year, the owner or operator must annually register and report in each subsequent year, regardless of the amount of the source’s direct emissions of greenhouse gases in future years, except as provided in sections (7) and (8).

(A) Any source required to obtain a Title V Operating Permit, including those issued under OAR chapter 340, division 218.

(B) Any source required to obtain an Air Contaminant Discharge Permit, including those issued under OAR chapter 340, division 216.

(C) The following sources not otherwise listed in paragraphs (A) or (B):

(i) Solid waste disposal facilities required to obtain a permit issued under OAR chapter 340, divisions 93 through 96, excluding facilities that did not accept waste during the previous year and which are not required to report greenhouse gas emissions to the United States Environmental Protection Agency pursuant to 40 CFR, Part 98.

(ii) Wastewater treatment facilities required to obtain an individual National Pollutant Discharge Elimination System permit issued under OAR chapter 340, division 45.

(iii) Electric generating units.

(3) Gasoline, diesel and aircraft fuel dealers. Beginning in 2011, any person listed in this section that imports, sells or distributes gasoline, diesel or aircraft fuel for use in this state must annually register and report greenhouse gas emissions that will result from the combustion of the gasoline, diesel and aircraft fuel imported, sold and distributed during the previous year:

(a) Any dealer, as that term is defined in ORS 319.010, that is subject to the Oregon Motor Vehicle and Aircraft Fuel Dealer License Tax under OAR chapter 735, division 170;

(b) Any seller, as that term is defined in ORS 319.520, that is subject to the Oregon Use Fuel Tax under OAR chapter 735, division 176; and

(c) Any person that imports, sells or distributes during a year at least 5,500 gallons of gasoline, diesel or aircraft fuel that is for use in this state and that is not subject to the Oregon Motor Vehicle and Aircraft Fuel Dealer License Tax or the Oregon Use Fuel Tax under OAR chapter 735, divisions 170 and 176.

(d) Persons listed in sections OAR 340-215-0030(3)(b) and (c) are not required to register and report greenhouse gas emissions that will result from the combustion of any gasoline, diesel or aircraft fuel reported under this division 215 by dealers described in OAR 340-215-0030(3)(a).

(4) Natural gas suppliers. Beginning in 2011, any person that sells or distributes natural gas to end users in this state must annually register and report greenhouse gas emissions that will result from the combustion of the natural gas sold and distributed during the previous year.

(5) Propane importers.

(a) Beginning in 2011, any person that imports propane for use in this state must annually register and report greenhouse gas emissions that will result from the combustion of the propane imported during the previous year.

(b) Persons that import propane for use in this state are not subject to subsection (5)(a) if:

(A) All imports are brought into this state by delivery trucks with a maximum capacity of 3,500 gallons of propane or less, or

(B) All imports consist of propane in canisters of 20 gallons or less.

(6) Electricity suppliers. Beginning in 2011, all investor-owned utilities, electricity service suppliers, consumer-owned utilities, and other persons that import, sell, allocate or distribute electricity to end users in this state must annually register and report greenhouse gas emissions from the generation of the electricity imported, sold, allocated and distributed during the previous year.

(7) General deferrals and exemptions. The Department may defer or exempt specific processes or categories of sources, or specific types of greenhouse gas emissions, from applicability under this division if the Department determines that adequate protocols are not available or that other extenuating circumstances make reporting unfeasible.

(8) Exemptions for air contamination sources.

(a) An owner or operator is no longer subject to section (2) for a source if the owner or operator submits a notification to the Department pursuant to subsection (8)(b), the owner or operator retains records pursuant to subsection (8)(c), and:

(A) The source’s direct emissions are less than 2,500 metric tons of carbon dioxide equivalent of greenhouse gases per year for three consecutive years; or

(B) The source ceases all operations that lead to direct emissions of greenhouse gases, such as if the source closes permanently. This paragraph (8)(a)(B) does not apply to seasonal or other temporary cessation of operations, and does not apply to solid waste disposal facilities that are required to report greenhouse gas emissions to the United States Environmental Protection Agency pursuant to 40 CFR, Part 98.

(b) The owner or operator must submit notification that the source is no longer subject to section (2) by March 31 of any year to avoid the requirement to register and report greenhouse gases directly emitted during the previous year. The notification must be submitted on paper or electronic forms issued by the Department.

(c) An owner or operator that, pursuant to paragraph (8)(a)(A), is no longer subject to section (2) for a source, must retain, for five years following notification, all production information, fuel use records, emission calculations and other records used to document the source’s greenhouse gas direct emissions for each of the three consecutive years that the source does not meet or exceed the emission threshold.

(d) Notwithstanding subsections (8)(a) through (8)(c), section (2) becomes applicable to the owner or operator again if the source’s annual direct emissions equal or exceed 2,500 metric tons of carbon dioxide equivalent of greenhouse gases in any future year.

[ED. NOTE: Tables referenced are available from the agency.]

Stat. Auth.: ORS 468A.050

Stats. Implemented: ORS 468 & 468A

Hist.: DEQ 13-2008, f. & cert. ef. 10-31-08; DEQ 12-2010, f. & cert. ef. 10-27-10; DEQ 11-2011, f. & cert. ef. 7-21-11

340-215-0040

Greenhouse Gas Registration and Reporting Requirements

(1) Air contamination sources. Any owner or operator required to register and report under OAR 340-215-0030(2) must:

(a) Report the source’s direct emissions of greenhouse gases during the previous year, excluding emissions from categorically insignificant activity as defined in OAR 340-200-0020, as follows:

(A) Sources not required to report greenhouse gas emissions to the United States Environmental Protection Agency pursuant to 40 CFR, Part 98 may exclude all emissions from categorically insignificant activity, regardless of whether DEQ-approved reporting protocols would otherwise include the reporting of those emissions;

(B) Sources required to report greenhouse gas emissions to the United States Environmental Protection Agency pursuant to 40 CFR, Part 98 must report emissions from categorically insignificant activity if DEQ-approved reporting protocols include the reporting of those emissions;

(b) Report emissions of CO2 that originate from biomass separately from the source’s other greenhouse gas emissions; and

(c) Submit an annual greenhouse gas emissions registration and report to the Department pursuant to section (7) by the due date for the annual report for non-greenhouse gas emissions specified in the source’s Title V Operating Permit or Air Contaminant Discharge Permit, or by March 31 of each year, whichever is later.

(2) Gasoline, diesel and aircraft fuel dealers. Any person required to register and report under OAR 340-215-0030(3) must:

(a) Report the type and quantity of the gasoline, diesel or aircraft fuel imported, sold and distributed for use in this state during the previous year, and the greenhouse gas emissions that will result from the combustion of the gasoline, diesel or aircraft fuel; and

(b) Submit annual reports to the Department by March 31 of each year, as follows:

(A) An annual greenhouse gas emissions registration and report pursuant to section (7); or

(B) Copies of the person’s fuel tax reports filed with the Oregon Department of Transportation pursuant to OAR chapter 735, divisions 170 and 176 for fuel imported, sold or distributed during the previous year, provided that the Department may require the submission of additional information if the copies of the reports submitted to the Oregon Department of Transportation are not sufficient to determine greenhouse gas emissions and related information that are otherwise required by this division.

(3) Natural gas suppliers. Any person required to register and report under OAR 340-215-0030(4) must:

(a) Report the type and quantity of the natural gas sold and distributed for use in this state during the previous year, and the greenhouse gas emissions that will result from the combustion of the natural gas; and

(b) Submit an annual greenhouse gas emissions registration and report to the Department pursuant to section (7) by March 31 of each year.

(4) Propane wholesalers. Any person required to register and report under OAR 340-215-0030(5) must:

(a) Report the type and quantity of propane imported for use in this state during the previous year, and the greenhouse gas emissions that will result from the combustion of the propane; and

(b) Submit an annual greenhouse gas emissions registration and report to the Department pursuant to section (7) by March 31 of each year.

(5) Investor-owned utilities, electricity service suppliers and other electricity suppliers (except consumer-owned utilities). All investor-owned utilities, electricity service suppliers and other persons (except consumer-owned utilities) required to register and report under OAR 340-215-0030(6) must:

(a) Report greenhouse gas emissions from the generation of the electricity that was imported, sold, allocated or distributed to end users in this state during the previous year, regardless of whether the electricity was generated in this state or imported, as follows:

(A) Greenhouse gas emissions from generating facilities owned or operated by the person reporting;

(B) Sulfur hexafluoride (SF6) emissions from transmission equipment owned or operated by the person reporting;

(C) The number of megawatt-hours of electricity purchased by the person reporting, including identifying information, if known, on the seller of the electricity to the person reporting and the original generating facility fuel type or types;

(D) An estimate of the amount of greenhouse gas emissions, using default greenhouse gas emissions factors in Table 1, attributable to electricity purchases made by a particular seller to the person reporting.

(E) An estimate of the amount of greenhouse gas emissions, using a default greenhouse gas emissions factor of 1,100 pounds of carbon dioxide equivalent of greenhouse gases per megawatt-hour, attributable to electricity purchases from an unknown origin or from a seller who is unable to identify the original generating facility fuel type or types.

(F) The number of megawatt-hours of electricity purchased for which a renewable energy certificate under ORS 469A.130 has been issued but subsequently transferred or sold to a person other than the person reporting; and

(G) A multijurisdictional entity reporting under this section (5) may rely upon a cost allocation methodology approved by the Public Utility Commission for reporting emissions allocated in this state; and

(b) Submit an annual greenhouse gas emissions registration and report to the Department pursuant to section (7) by June 1 of each year.

(6) Consumer-owned utilities. All consumer-owned utilities required to register and report under OAR 340-215-0030(6) must:

(a) Report greenhouse gas emissions from the generation of the electricity that was imported, sold, allocated or distributed to end users in this state during the previous year, regardless of whether the electricity was generated in this state or imported, as follows:

(A) For electricity purchased from the Bonneville Power Administration, report the number of megawatt-hours of electricity purchased by the utility from the Bonneville Power Administration, segregated by the types of contracts entered into by the utility with the Bonneville Power Administration, and if known the percentage of each fuel or energy type used to produce electricity purchased under each type of contract;

(B) For electricity that was not purchased from the Bonneville Power Administration, but was generated by the consumer-owned utility, report greenhouse gas emissions from the generation of the electricity; and

(C) For electricity that was not purchased from the Bonneville Power Administration, and was not generated by the consumer-owned utility, report the number of megawatt-hours of electricity purchased by the consumer-owned utility, including information, if known, on the seller of the electricity to the consumer-owned utility and the original generating facility fuel type or types; and

(b) Submit an annual greenhouse gas emissions registration and report to the Department pursuant to section (7) by June 1 of each year. A third party may submit the registration and report on behalf of a consumer-owned utility, and the report may include information for more than one consumer-owned utility, provided that the report contains all information required for each individual consumer-owned utility.

(7) Except as provided in section (8), registration and reports must be submitted on paper or electronic forms (or both) issued by the Department, which will require the following information:

(a) Source information such as source name, address, contact person, phone number, and permit number, if applicable;

(b) Emissions of the applicable greenhouse gases, pursuant to DEQ-approved reporting protocols, including but not limited to information such as estimated annual emissions, activity data, emission factors, conversion factors, global warming potential factor, and the emissions calculation methods used to determine emissions; and

(c) A signed statement certifying that the report is accurate to the best of the certifying individual’s knowledge.

(8) Any person required to report greenhouse gases emitted during a year to the United States Environmental Protection Agency pursuant to 40 CFR, Part 98 may submit a copy of that report to the Department in lieu of the registration and report required by section (7) for greenhouse gases emitted during the same year, provided that the Department may require the submission of additional information if the copy of the report submitted to the United States Environmental Protection Agency is not sufficient to determine greenhouse gas emissions and related information that are otherwise required by this division. The purpose of this section is to eliminate duplicative reporting where possible, but to retain the Department’s authority to require reporting of information that is required by this division but not submitted in a report to the United States Environmental Protection Agency.

(9) The Department shall propose reporting protocols for use pursuant to this division and shall approve reporting protocols after holding a 30 day public comment period. The Department shall maintain a reference list of DEQ-approved reporting protocols to assist persons required to register and report under OAR 340-215-0030.

(10) Any person required to report under this division must retain all production information, fuel use records, and emission calculations used to prepare the greenhouse gas annual report. These records and greenhouse gas annual reports must be retained for a minimum of 5 years.

Stat. Auth.: ORS 468A.050

Stats. Implemented: ORS 468 & 468A

Hist.: DEQ 13-2008, f. & cert. ef. 10-31-08; DEQ 12-2010, f. & cert. ef. 10-27-10; DEQ 11-2011, f. & cert. ef. 7-21-11

340-215-0060

Greenhouse Gas Reporting Fees

(1) Any person required to register and report under OAR 340-215-0030(2)(a)(A) or 340-215-0030(2)(b)(A) must submit greenhouse gas reporting fees to the Department as specified in OAR 340-220-0050. The fees must be received by the Department within 30 days after the Department mails the fee invoice.

(2) Any person required to register and report under OAR 340-215-0030(2)(a)(B)-(C) or 340-215-0030(2)(b)(B) must submit greenhouse gas reporting fees to the Department as specified in OAR chapter 340, division 216, Table 2, Part 3. The fees must be received by the Department within 30 days after the Department mails the fee invoice.

Stat. Auth.: ORS 468.020 & 468A.050

Stats. Implemented: ORS 468 & 468A

Hist.: DEQ 12-2010, f. & cert. ef. 10-27-10; DEQ 5-2011, f. 4-29-11, cert. ef. 5-1-11; DEQ 11-2011, f. & cert. ef. 7-21-11

340-216-0020

Applicability

This division applies to all sources referred to in Table 1. This division also applies to Oregon Title V Operating Permit program sources when an ACDP is required by OAR 340-218-0020 or 340-224-0010. Sources referred to in Table 1 are subject to fees as set forth in Table 2.

(1) No person may construct, install, establish, develop or operate any air contaminant source which is referred to in Table 1 without first obtaining an Air Contaminant Discharge Permit (ACDP) from the Department or Regional Authority, unless otherwise deferred from the requirement to obtain an ACDP in subsection (1)(c) or (d) of this rule. No person may continue to operate an air contaminant source if the ACDP expires, or is terminated or revoked; except as provided in OAR 340-216-0082.

(a) For portable sources, a single permit may be issued for operating at any area of the state if the permit includes the requirements from both the Department and Regional Authorities.

(b) The Department or Regional Authority where the portable source’s Corporate offices are located will be responsible for issuing the permit. If the corporate office of a portable source is located outside of the state, the Department will be responsible for issuing the permit.

(c) An air contaminant source required to obtain an ACDP or ACDP Attachment pursuant to a NESHAP or NSPS adopted by the Commission by rule is not required to submit an application for an ACDP or ACDP Attachment until four months after the effective date of the Commission’s adoption of the NESHAP or NSPS, and is not required to obtain an ACDP or ACDP Attachment until six months after the Commission’s adoption of the NESHAP or NSPS. In addition, the Department may defer the requirement to submit an application for, or to obtain an ACDP or ACDP Attachment, or both, for up to an additional twelve months.

(d) Gasoline dispensing facilities are not required to submit an application for an ACDP or ACDP Attachment until May 1, 2010 or obtain an ACDP or ACDP attachment until June 1, 2010. The Department may defer the requirement to submit an application for, or to obtain an ACDP or ACDP Attachment, or both, for up to an additional six months.

(e) Deferrals of Oregon permitting requirements do not relieve an air contaminant source from the responsibility of complying with federal NESHAP or NSPS requirements.

(2) No person may construct, install, establish, or develop any source that will be subject to the Oregon Title V Operating Permit program without first obtaining an ACDP from the Department or Regional Authority.

(3) No person may modify any source that has been issued an ACDP without first complying with the requirements of OAR 340-210-0205 through 340-210-0250.

(4) No person may modify any source required to have an ACDP such that the source becomes subject to the Oregon Title V Operating Permit program without complying with the requirements of OAR 340-210-0205 through 340-210-0250.

(5) No person may increase emissions above the PSEL by more than the de minimis levels specified in OAR 340-200-0020 without first applying for and obtaining a modified ACDP.

NOTE: This rule is included in the State of Oregon Clean Air Act Implementation Plan as adopted by the EQC under OAR 340-211-0040.

[ED. NOTE: Tables referenced are available from the agency.]

Stat. Auth.: ORS 468.020

Stats. Implemented: ORS 468A

Hist.: DEQ 47, f. 8-31-72, ef. 9-15-72; DEQ 63, f. 12-20-73, ef. 1-11-74; DEQ 107, f. & ef. 1-6-76; Renumbered from 340-020-0033; DEQ 125, f. & ef. 12-16-76; DEQ 20-1979, f. & ef. 6-29-79; DEQ 23-1980, f. & ef. 9-26-80; DEQ 13-1981, f. 5-6-81, ef. 7-1-81; DEQ 11-1983, f. & ef. 5-31-83; DEQ 3-1986, f. & ef. 2-12-86; DEQ 12-1987, f. & ef. 6-15-87; DEQ 27-1991, f. & cert. ef. 11-29-91; DEQ 4-1993, f. & cert. ef. 3-10-93; DEQ 12-1993, f. & cert. ef. 9-24-93, Renumbered from 340-020-0155; DEQ 19-1993, f. & cert. ef. 11-4-93; DEQ 22-1994, f. & cert. ef. 10-4-94; DEQ 22-1995, f. & cert. ef. 10-6-95; DEQ 19-1996, f. & cert. ef. 9-24-96; DEQ 22-1996, f. & cert. ef. 10-22-96; DEQ 14-1999, f. & cert. ef. 10-14-99, Renumbered from 340-028-1720; DEQ 6-2001, f. 6-18-01, cert. ef. 7-1-01; DEQ 4-2002, f. & cert. ef. 3-14-02; DEQ 7-2007, f. & cert. ef. 10-18-07; DEQ 8-2007, f. & cert. ef. 11-8-07; DEQ 15-2008, f. & cert. ef 12-31-08; DEQ 8-2009, f. & cert. ef. 12-16-09; DEQ 9-2009(Temp), f. 12-24-09, cert. ef. 1-1-10 thru 6-30-10; Administrative correction 7-27-10; DEQ 10-2010(Temp), f. 8-31-10, cert. ef. 9-1-10 thru 2-28-11; DEQ 12-2010, f. & cert. ef. 10-27-10; DEQ 1-2011, f. & cert. ef. 2-24-11; DEQ 5-2011, f. 4-29-11, cert. ef. 5-1-11; DEQ 11-2011, f. & cert. ef. 7-21-11

340-220-0050

Specific Activity Fees

(1) The Department will assess specific activity fees for an Oregon Title V Operating Permit program source for the period of August 21, 2007 to June 30, 2008 as follows:

(a) Existing Source Permit Revisions:

(A) Administrative* — $ 406;

(B) Simple — $ 1,626;

(C) Moderate — $ 12,194;

(D) Complex — $ 24,387.

(b) Ambient Air Monitoring Review — $ 3,252.

(2) The Department will assess specific activity fees for an Oregon Title V Operating Permit program source as of July 1, 2008 as follows:

(a) Existing Source Permit Revisions:

(A) Administrative* — $ 418;

(B) Simple — $ 1,672;

(C) Moderate — $ 12,540;

(D) Complex — $ 25,081.

(b) Ambient Air Monitoring Review — $ 3,344.

(3) The Department will assess the following specific activity fee for an Oregon Title V Operating Permit program source for annual greenhouse gas reporting, as required by OAR 340-215-0060(1) — Fifteen percent of the following, not to exceed $4,500:

(a) The applicable annual base fee (for the period of November 15 of the current year to November 14 of the following year); and

(b) The applicable annual emission fee (for emissions during the previous calendar year).

*Includes revisions specified in OAR 340-218-0150(1)(a) through (g). Other revisions specified in 340-218-0150 are subject to simple, moderate or complex revision fees.

Stat. Auth.: ORS 468 & 468A

Stats. Implemented: ORS 468 & 468A

Hist.: DEQ 20-1993(Temp), f. & cert. ef. 11-4-93; DEQ 13-1994, f. & cert. ef. 5-19-94; DEQ 12-1998, f. & cert. ef. 6-30-98; DEQ 10-1999, f. & cert. ef. 7-1-99; DEQ 14-1999, f. & cert. ef. 10-14-99, Renumbered from 340-028-2600; DEQ 8-2000, f. & cert. ef. 6-6-00; DEQ 6-2001, f. 6-18-01, cert. ef. 7-1-01; DEQ 7-2001, f. 6-28-01, cert. ef. 7-1-01; DEQ 11-2003, f. & cert. ef. 7-23-03; DEQ 6-2004, f. & cert. ef. 7-29-04; DEQ 6-2005, f. & cert. ef. 7-11-05; DEQ 7-2006, f. & cert. ef. 6-30-06; DEQ 6-2007(Temp), f. & cert. ef. 8-17-07 thru 2-12-08; Administrative correction 2-22-08; DEQ 10-2008, f. & cert. ef. 8-25-08; DEQ 4-2009(Temp), f. & cert. ef. 8-27-09 thru 2-20-10; DEQ 9-2009(Temp), f. 12-24-09, cert. ef. 1-1-10 thru 6-30-10; Administrative correction 7-27-10; DEQ 12-2010, f. & cert. ef. 10-27-10; DEQ 16-2010, f. & cert. ef. 12-20-10; DEQ 11-2011, f. & cert. ef. 7-21-11

 

Rule Caption: Title V operating permit fee increases authorized in statute.

Adm. Order No.: DEQ 12-2011

Filed with Sec. of State: 7-21-2011

Certified to be Effective: 7-21-11

Notice Publication Date: 10-1-2010

Rules Amended: 340-220-0050

Subject: These rules initially filed as a part of administrative order DEQ 16-2010 are re-filed on request of legislative counsel.

      The rules:

      • Increase Title V fees for 2010 and 2011 and do not require retroactive fee collection;

      • Adopt a fee increase for 2009 identical to the August 2009 Environmental Quality Commission temporary rule amendments that allowed the Department of Environmental Quality to invoice Title V permittees on the normal 2009 billing schedule; and

      • The fees in the rules reflect a technical correction required by statute.

      Federal and state laws require permit fees fund Oregon’s entire Title V program. The statute increases the annual base fee beginning in 2010 and gives the Commission authority to adjust all of the fee categories by the annual change in the consumer price index.

      Title V permitting helps ensure that permit holders comply with state and federal emissions standards. Revenue from the fees will fund the program through 2012.

Rules Coordinator: Maggie Vandehey—(503) 229-6878

340-220-0050

Specific Activity Fees

(1) The Department will assess specific activity fees for an Oregon Title V Operating Permit program source for the period of August 26, 2009 to December 31, 2010 as follows:

(a) Existing source permit revisions:

(A) Administrative* — $ 437;

(B) Simple — $ 1,748;

(C) Moderate — $ 13,115;

(D) Complex — $ 26,231.

(b) Ambient air monitoring review — $ 3,497.

(2) The Department will assess specific activity fees for an Oregon Title V Operating Permit program source for the period of January 1, 2011 to December 31, 2011 as follows:

(a) Existing source permit revisions:

(A) Administrative* — $ 437;

(B) Simple — $ 1,751;

(C) Moderate — $ 13,139;

(D) Complex — $ 26,279.

(b) Ambient Air Monitoring Review — $ 3,503.

(3) The Department will assess specific activity fees for an Oregon Title V Operating Permit program source as of January 1, 2012 as follows:

(a) Existing source permit revisions:

(A) Administrative* — $ 444;

(B) Simple — $ 1,777;

(C) Moderate — $ 13,333;

(D) Complex — $ 26,667.

(b) Ambient Air Monitoring Review — $ 3,555.

*includes revisions specified in OAR 340-218-0150(1) (a) through (g). Other revisions specified in OAR 340-218-0150 are subject to simple, moderate or complex revision fees.

Stat. Auth.: ORS 468 & 468A

Stats. Implemented: ORS 468 & 468A

(3) The Department will assess the following specific activity fee for an Oregon Title V Operating Permit program source for annual greenhouse gas reporting, as required by OAR 340-215-0060(1) — Fifteen percent of the following, not to exceed $4,500:

(a) The applicable annual base fee (for the period of November 15 of the current year to November 14 of the following year); and

(b) The applicable annual emission fee (for emissions during the previous calendar year).

*Includes revisions specified in OAR 340-218-0150(1)(a) through (g). Other revisions specified in 340-218-0150 are subject to simple, moderate or complex revision fees.

Stat. Auth.: ORS 468 & 468A

Stats. Implemented: ORS 468 & 468A

Hist.: DEQ 20-1993(Temp), f. & cert. ef. 11-4-93; DEQ 13-1994, f. & cert. ef. 5-19-94; DEQ 12-1998, f. & cert. ef. 6-30-98; DEQ 10-1999, f. & cert. ef. 7-1-99; DEQ 14-1999, f. & cert. ef. 10-14-99, Renumbered from 340-028-2600; DEQ 8-2000, f. & cert. ef. 6-6-00; DEQ 6-2001, f. 6-18-01, cert. ef. 7-1-01; DEQ 7-2001, f. 6-28-01, cert. ef. 7-1-01; DEQ 11-2003, f. & cert. ef. 7-23-03; DEQ 6-2004, f. & cert. ef. 7-29-04; DEQ 6-2005, f. & cert. ef. 7-11-05; DEQ 7-2006, f. & cert. ef. 6-30-06; DEQ 6-2007(Temp), f. & cert. ef. 8-17-07 thru 2-12-08; Administrative correction 2-22-08; DEQ 10-2008, f. & cert. ef. 8-25-08; DEQ 4-2009(Temp), f. & cert. ef. 8-27-09 thru 2-20-10; DEQ 9-2009(Temp), f. 12-24-09, cert. ef. 1-1-10 thru 6-30-10; Administrative correction 7-27-10; DEQ 12-2010, f. & cert. ef. 10-27-10; DEQ 16-2010, f. & cert. ef. 12-20-10; DEQ 11-2011, f. & cert. ef. 7-21-11; DEQ 12-2011, f. & cert. ef. 7-21-11

 

Rule Caption: Adoption of Federal Air Quality Regulations and Related Permit Rules.

Adm. Order No.: DEQ 13-2011

Filed with Sec. of State: 7-21-2011

Certified to be Effective: 7-21-11

Notice Publication Date: 10-1-2010

Rules Amended: 340-216-0020

Subject: These rules initially filed as part of administrative order DEQ 1-2011 are re-filed on request of legislative counsel.

      The proposed rules would adopt standards to implement new and amended federal air quality regulations. The objectives of this rulemaking are to:

      • Protect public health;

      • Implement federally-delegated programs that regulate hazardous air pollutants and other air pollutants; and

      • Improve Oregon’s implementation of these programs.

      • Allow DEQ to defer the requirement to submit an application for, or to obtain an ACDP for up to twelve months;

      These amendments, if adopted, will be submitted to the U.S. Environmental Protection Agency (EPA) as a revision to the State Implementation Plan, which is a requirement of the Clean Air Act.

Rules Coordinator: Maggie Vandehey—(503) 229-6878

340-216-0020

Applicability

This division applies to all sources referred to in Table 1. This division also applies to Oregon Title V Operating Permit program sources when an ACDP is required by OAR 340-218-0020 or 340-224-0010. Sources referred to in Table 1 are subject to fees as set forth in Table 2.

(1) No person may construct, install, establish, develop or operate any air contaminant source which is referred to in Table 1 without first obtaining an Air Contaminant Discharge Permit (ACDP) from the Department or Regional Authority, unless otherwise deferred from the requirement to obtain an ACDP in subsection (1)(c) or (d) of this rule. No person may continue to operate an air contaminant source if the ACDP expires, or is terminated or revoked; except as provided in OAR 340-216-0082.

(a) For portable sources, a single permit may be issued for operating at any area of the state if the permit includes the requirements from both the Department and Regional Authorities.

(b) The Department or Regional Authority where the portable source’s Corporate offices are located will be responsible for issuing the permit. If the corporate office of a portable source is located outside of the state, the Department will be responsible for issuing the permit.

(c) An air contaminant source required to obtain an ACDP or ACDP Attachment pursuant to a NESHAP or NSPS adopted by the Commission by rule is not required to submit an application for an ACDP or ACDP Attachment until four months after the effective date of the Commission’s adoption of the NESHAP or NSPS, and is not required to obtain an ACDP or ACDP Attachment until six months after the Commission’s adoption of the NESHAP or NSPS. In addition, the Department may defer the requirement to submit an application for, or to obtain an ACDP or ACDP Attachment, or both, for up to an additional twelve months.

(d) Gasoline dispensing facilities are not required to submit an application for an ACDP or ACDP Attachment until May 1, 2010 or obtain an ACDP or ACDP attachment until June 1, 2010. The Department may defer the requirement to submit an application for, or to obtain an ACDP or ACDP Attachment, or both, for up to an additional six months.

(e) Deferrals of Oregon permitting requirements do not relieve an air contaminant source from the responsibility of complying with federal NESHAP or NSPS requirements.

(2) No person may construct, install, establish, or develop any source that will be subject to the Oregon Title V Operating Permit program without first obtaining an ACDP from the Department or Regional Authority.

(3) No person may modify any source that has been issued an ACDP without first complying with the requirements of OAR 340-210-0205 through 340-210-0250.

(4) No person may modify any source required to have an ACDP such that the source becomes subject to the Oregon Title V Operating Permit program without complying with the requirements of OAR 340-210-0205 through 340-210-0250.

(5) No person may increase emissions above the PSEL by more than the de minimis levels specified in OAR 340-200-0020 without first applying for and obtaining a modified ACDP.

NOTE: This rule is included in the State of Oregon Clean Air Act Implementation Plan as adopted by the EQC under OAR 340-211-0040.

[ED. NOTE: Tables referenced are available from the agency.]

Stat. Auth.: ORS 468.020

Stats. Implemented: ORS 468A

Hist.: DEQ 47, f. 8-31-72, ef. 9-15-72; DEQ 63, f. 12-20-73, ef. 1-11-74; DEQ 107, f. & ef. 1-6-76; Renumbered from 340-020-0033; DEQ 125, f. & ef. 12-16-76; DEQ 20-1979, f. & ef. 6-29-79; DEQ 23-1980, f. & ef. 9-26-80; DEQ 13-1981, f. 5-6-81, ef. 7-1-81; DEQ 11-1983, f. & ef. 5-31-83; DEQ 3-1986, f. & ef. 2-12-86; DEQ 12-1987, f. & ef. 6-15-87; DEQ 27-1991, f. & cert. ef. 11-29-91; DEQ 4-1993, f. & cert. ef. 3-10-93; DEQ 12-1993, f. & cert. ef. 9-24-93, Renumbered from 340-020-0155; DEQ 19-1993, f. & cert. ef. 11-4-93; DEQ 22-1994, f. & cert. ef. 10-4-94; DEQ 22-1995, f. & cert. ef. 10-6-95; DEQ 19-1996, f. & cert. ef. 9-24-96; DEQ 22-1996, f. & cert. ef. 10-22-96; DEQ 14-1999, f. & cert. ef. 10-14-99, Renumbered from 340-028-1720; DEQ 6-2001, f. 6-18-01, cert. ef. 7-1-01; DEQ 4-2002, f. & cert. ef. 3-14-02; DEQ 7-2007, f. & cert. ef. 10-18-07; DEQ 8-2007, f. & cert. ef. 11-8-07; DEQ 15-2008, f. & cert. ef 12-31-08; DEQ 8-2009, f. & cert. ef. 12-16-09; DEQ 9-2009(Temp), f. 12-24-09, cert. ef. 1-1-10 thru 6-30-10; Administrative correction 7-27-10; DEQ 10-2010(Temp), f. 8-31-10, cert. ef. 9-1-10 thru 2-28-11; DEQ 12-2010, f. & cert. ef. 10-27-10; DEQ 1-2011, f. & cert. ef. 2-24-11; DEQ 5-2011, f. 4-29-11, cert. ef. 5-1-11; DEQ 11-2011, f. & cert. ef. 7-21-11; DEQ 13-2011, f. & cert. ef. 7-21-11

 

Rule Caption: Adoption of Air Quality Permit Program Streamlining and Updates.

Adm. Order No.: DEQ 14-2011

Filed with Sec. of State: 7-21-2011

Certified to be Effective: 7-21-11

Notice Publication Date: 11-1-2010

Rules Amended: 340-215-0060, 340-216-0020

Subject: These rules initially filed as part of administrative order DEQ 5-2011 are re-filed on request of legislative counsel.

      The rules:

      • Adopt greenhouse gas reporting fees identical to the August 2010 Environmental Quality Commission temporary rule amendments that allowed the Department of Environmental Quality to invoice ACDP permit holders on the normal 2010 billing schedule; and

      • Allow the Lane Regional Air Protection Agency to implement the Air Contaminant Discharge Permit program within its area of jurisdiction as a permitting agency designated by the Commission subject to Department oversight.

      These amendments, if adopted, will be submitted to the U.S. Environmental Protection Agency (EPA) as a revision to the State Implementation Plan, which is a requirement of the Clean Air Act.

Rules Coordinator: Maggie Vandehey—(503) 229-6878

340-215-0060

Greenhouse Gas Reporting Fees

(1) Any person required to register and report under OAR 340-215-0030(1)(a) must submit greenhouse gas reporting fees to the Department as specified in OAR 340-220-0050(4). The fees must be received by the Department within 30 days after the Department mails the fee invoice.

(2) Any person required to register and report under OAR 340-215-0030(1)(b)–(c) must submit greenhouse gas reporting fees to the Department as specified in OAR chapter 340, division 216, Table 2, Part 3. The fees must be received by the Department within 30 days after the Department mails the fee invoice.

Stat. Auth.: ORS 468.020 & 468A.050

Stats. Implemented: ORS 468 & 468A

Hist.: DEQ 12-2010, f. & cert. ef. 10-27-10; DEQ 5-2011, f. 4-29-11, cert. ef. 5-1-11; DEQ 11-2011, f. & cert. ef. 7-21-11; DEQ 14-2011, f, & cert. ef. 7-21-11

340-216-0020

Applicability

This division applies to all sources referred to in Table 1. This division also applies to Oregon Title V Operating Permit program sources when an ACDP is required by OAR 340-218-0020 or 340-224-0010. Sources referred to in Table 1 are subject to fees as set forth in Table 2.

(1) No person may construct, install, establish, develop or operate any air contaminant source which is referred to in Table 1 without first obtaining an Air Contaminant Discharge Permit (ACDP) from the Department or Regional Authority, unless otherwise deferred from the requirement to obtain an ACDP in subsection (1)(c) or (d) of this rule. No person may continue to operate an air contaminant source if the ACDP expires, or is terminated or revoked; except as provided in OAR 340-216-0082.

(a) For portable sources, a single permit may be issued for operating at any area of the state if the permit includes the requirements from both the Department and Regional Authorities.

(b) The Department or Regional Authority where the portable source’s Corporate offices are located will be responsible for issuing the permit. If the corporate office of a portable source is located outside of the state, the Department will be responsible for issuing the permit.

(c) An air contaminant source required to obtain an ACDP or ACDP Attachment pursuant to a NESHAP or NSPS adopted by the Commission by rule is not required to submit an application for an ACDP or ACDP Attachment until four months after the effective date of the Commission’s adoption of the NESHAP or NSPS, and is not required to obtain an ACDP or ACDP Attachment until six months after the Commission’s adoption of the NESHAP or NSPS. In addition, the Department may defer the requirement to submit an application for, or to obtain an ACDP or ACDP Attachment, or both, for up to an additional twelve months.

(d) Gasoline dispensing facilities are not required to submit an application for an ACDP or ACDP Attachment until May 1, 2010 or obtain an ACDP or ACDP attachment until June 1, 2010. The Department may defer the requirement to submit an application for, or to obtain an ACDP or ACDP Attachment, or both, for up to an additional six months.

(e) Deferrals of Oregon permitting requirements do not relieve an air contaminant source from the responsibility of complying with federal NESHAP or NSPS requirements.

(2) No person may construct, install, establish, or develop any source that will be subject to the Oregon Title V Operating Permit program without first obtaining an ACDP from the Department or Regional Authority.

(3) No person may modify any source that has been issued an ACDP without first complying with the requirements of OAR 340-210-0205 through 340-210-0250.

(4) No person may modify any source required to have an ACDP such that the source becomes subject to the Oregon Title V Operating Permit program without complying with the requirements of OAR 340-210-0205 through 340-210-0250.

(5) No person may increase emissions above the PSEL by more than the de minimis levels specified in OAR 340-200-0020 without first applying for and obtaining a modified ACDP.

(6) Subject to the requirements in this Division, the Lane Regional Air Protection Agency is designated by the Commission as the permitting agency to implement the Air Contaminant Discharge Permit program within its area of jurisdiction. The Regional Agency’s program is subject to Department oversight. The requirements and procedures contained in this Division pertaining to the Air Contaminant Discharge Permit program shall be used by the Regional Agency to implement its permitting program until the Regional Agency adopts superseding rules which are at least as restrictive as state rules.

NOTE: This rule is included in the State of Oregon Clean Air Act Implementation Plan as adopted by the EQC under OAR 340-211-0040.

[ED. NOTE: Tables referenced are available from the agency.]

Stat. Auth.: ORS 468.020

Stats. Implemented: ORS 468A

Hist.: DEQ 47, f. 8-31-72, ef. 9-15-72; DEQ 63, f. 12-20-73, ef. 1-11-74; DEQ 107, f. & ef. 1-6-76; Renumbered from 340-020-0033; DEQ 125, f. & ef. 12-16-76; DEQ 20-1979, f. & ef. 6-29-79; DEQ 23-1980, f. & ef. 9-26-80; DEQ 13-1981, f. 5-6-81, ef. 7-1-81; DEQ 11-1983, f. & ef. 5-31-83; DEQ 3-1986, f. & ef. 2-12-86; DEQ 12-1987, f. & ef. 6-15-87; DEQ 27-1991, f. & cert. ef. 11-29-91; DEQ 4-1993, f. & cert. ef. 3-10-93; DEQ 12-1993, f. & cert. ef. 9-24-93, Renumbered from 340-020-0155; DEQ 19-1993, f. & cert. ef. 11-4-93; DEQ 22-1994, f. & cert. ef. 10-4-94; DEQ 22-1995, f. & cert. ef. 10-6-95; DEQ 19-1996, f. & cert. ef. 9-24-96; DEQ 22-1996, f. & cert. ef. 10-22-96; DEQ 14-1999, f. & cert. ef. 10-14-99, Renumbered from 340-028-1720; DEQ 6-2001, f. 6-18-01, cert. ef. 7-1-01; DEQ 4-2002, f. & cert. ef. 3-14-02; DEQ 7-2007, f. & cert. ef. 10-18-07; DEQ 8-2007, f. & cert. ef. 11-8-07; DEQ 15-2008, f. & cert. ef 12-31-08; DEQ 8-2009, f. & cert. ef. 12-16-09; DEQ 9-2009(Temp), f. 12-24-09, cert. ef. 1-1-10 thru 6-30-10; Administrative correction 7-27-10; DEQ 10-2010(Temp), f. 8-31-10, cert. ef. 9-1-10 thru 2-28-11; DEQ 12-2010, f. & cert. ef. 10-27-10; DEQ 1-2011, f. & cert. ef. 2-24-11; DEQ 5-2011, f. 4-29-11, cert. ef. 5-1-11; DEQ 11-2011, f. & cert. ef. 7-21-11; DEQ 13-2011, f. & cert. ef. 7-21-11; DEQ 14-2011, f, & cert. ef. 7-21-11

Notes
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