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Title34 - Stationary Source Rules And Permitting Procedures

TITLE 34: Stationary Source Rules and Permitting Procedures
Section 34-001 General Policy and Rule Organization
In order to restore and maintain Lane County air quality in a condition as free from air pollution as is practicable, consistent with the overall public welfare of the county, it is the policy of the Lane Regional Air Protection Agency to require a permit to discharge air contaminants from certain sources.  As a result, LRAPA has set forth in this title the air pollution control rules and permitting procedures which apply to all stationary sources regulated by the Authority in Lane County.

This title is organized as follows:
  34-010 Rules applicable to all stationary sources, including:
    34-015 Request for Information
    34-020 Information Exempt from Disclosure
    34-025 Highest and Best Practicable Treatment and Control (HBPT)
    34-030 Source Registration
    34-035 Requirements for Construction
    34-040 Compliance Schedules
  34-050 Rules applicable to sources required to have Air Contaminant Discharge Permits (ACDP) or Title V Operating Permits, including:
    34-060 Plant Site Emission Limits (PSEL) Rules
    34-070 Sampling, Testing, Monitoring and Reporting
    34-080 Excess Emissions
  34-090 Rules applicable to sources required to have Air Contaminant Discharge Permits (ACDP), including:
    34-100 Permit Categories
    34-110 Requirements to Obtain Permit
    34-120 Synthetic Minor Permitting Procedures
    34-130 General Procedures for ACD Permits
    34-140 Permit Duration
    34-150 ACDP Fees
    34-160 New Source Review
  34-170 Rules applicable to sources required to have Title V Operating Permits, as specified by OAR 340 Divisions 218, 220 and 244 in their entirety, including:
    34-180 Authority to Implement
    34-190 Definitions
    34-200 Federal Operating Permitting Program Requirements and Procedures
  34-210 Rules Applicable to Sources Desiring Green Permits
    34-220 Authority to Implement
    34-230 Green Permits Permitting Program Requirements and Procedures

Section 34-005 Definitions
  All relevant definitions for this title can be found with the general definitions listed in Title 12, with the following exceptions:
    1. Plant Site Emission Limit (PSEL) definitions, which may be found in Section 34-060; and
    2. Definitions pertaining to Title V Operating Permits, which may be found in OAR 340-200-0020.
   

RULES APPLICABLE TO ALL STATIONARY SOURCES

Section 34-010 Applicability
  Unless specified elsewhere, 34-015 through 34-040 shall apply to all stationary sources in Lane County.

Section 34-015 Request for Information
  All sources subject to Title 34 shall provide in a reasonably timely manner any and all information that the Authority may reasonably require for the purpose of regulating stationary sources. Such information may be required on a one-time, periodic, or continuous basis and may include, but is not limited to, information necessary to:
    1. Issue a permit and ascertain compliance or noncompliance with the permit terms and conditions;
    2. ascertain applicability of any requirement;
    3. ascertain compliance or noncompliance with any applicable requirement; and
    4. incorporate monitoring, recordkeeping, reporting, and compliance certification requirements into a permit.
  Compliance with this section may require the installation and maintenance of continuous monitors and electronic data handling systems.

Section 34-020 Information Exempt from Disclosure
  (1) Pursuant to the provisions of ORS 192.410 to 192.505, all information submitted to the Authority under Title 34 shall be presumed to be subject to inspection upon request by any person unless such information is determined to be exempt from disclosure pursuant to subsections 2 or 3 of this section.
  (2) If an owner or operator claims that any writing, as that term is defined in ORS 192.410(5), is confidential or otherwise exempt from disclosure, in whole or in part, the owner or operator shall comply with the following procedures:
    A. The writing shall be clearly marked with a request for exemption from disclosure. For a multi-page writing, each page shall be so marked.
    B. The owner or operator shall state the specific statutory provision under which it claims exemption from disclosure and explain why the writing meets the requirements of that provision.
    C. For writings that contain both exempt and non-exempt material, the proposed exempt material shall be clearly distinguishable from the non-exempt material. If possible, the exempt material shall be arranged so that it is placed on separate pages from the non-exempt material.
  3. For a writing to be considered exempt from disclosure as a "trade secret," it shall meet all of the following criteria:
    A. the information shall not be patented;
    B. it shall be known only to a limited number of individuals within a commercial concern who have made efforts to maintain the secrecy of the information;
    C. it shall be information which derives actual or potential economic value from not being disclosed to other persons; and
    D. it shall give its users the chance to obtain a business advantage over competitors not having the information.

Section 34-025 Highest and Best Practicable Treatment and Control Requirements
See Title 32, Section 32-005-1 through 9 (11/10/94).
Section 34-025 Amended 09/09/97

Section 34-030 Source Registration
Any air contaminant source which is not subject to the ACDP rules (34-090 through 34-160) or the Title V Operating Permit program rules (34-170 through 34-200) shall register with the Authority upon request pursuant to 34-030-1 through 4. Mandatory registration is required for sources specified in 34-030-5.
  (1) Registration shall be completed within thirty (30) days following the mailing date of the request by the Authority.
  (2) Registration shall be made on forms furnished by the Authority and completed by the owner, lessee of the source, or agent.
  (3) The following information shall be reported by registrants:
    A. name, address, and nature of business;
    B. name of local person responsible for compliance with these rules;
    C. name of person authorized to receive requests for data and information;
    D. a description of the production processes and a related flow chart;
    E. a plot plan showing the location and height of all air contaminant sources (the plot plan shall also indicate the nearest residential or commercial property);
    F. type and quantity of fuels used;
    G. amount, nature, and duration of air contaminant emissions;
    H. estimated efficiency of air pollution control equipment under present or anticipated operating conditions; and
    I. any other information requested by the Authority.
  (4) Once a year, upon the annual date of registration, a person responsible for an air contaminant source shall reaffirm in writing the correctness and current status of the information furnished to the Authority. Any changes in any of the factual data reported under subsection 3 of this section shall be reported to the Authority, at which time re-registration may be required on forms furnished by the Authority.
Section 34-030 Amended 09/09/97

Section 34-035 Requirements for Construction (or Non-Major Modification) (Major Modification Requirements are Contained in Title 38)
  1. Notification: No person shall commence construction of a new source or modification of an existing air contaminant source without first notifying the Authority on a form supplied by the Authority, and obtaining an Authority to Construct if required under (2) below. Section 34-035 shall not apply to Oregon Title V Operating Permit Program sources.
  2. Authority to Construct: Any Person planning construction of a new source or a modification which would result in an increase of emissions above permit limits and/or which would trigger new applicable requirements shall submit to the Director a construction review fee and a Notice of Construction which includes all information necessary to perform any analysis or make any determination required by these rules. Such information shall include the following:
    A. name, address, and nature of business;
    B. name of local person responsible for compliance with these rules;
    C. name of person authorized to receive requests for data and information;
    D. a description of the production processes and a related flow chart;
    E. a plot plan showing the location and height of all air contaminant sources and indicating the nearest residential or commercial property;
    F. type and quantity of fuels used;
    G. Amount, nature and duration of air contaminant emissions;
    H. Plans and specifications for air pollution control equipment and facilities and their relationship to the production process;
    I. estimated efficiency of air pollution control equipment under present or anticipated operating conditions;
    J. any information on pollution prevention measures and cross-media impacts desired to be considered in determining applicable control requirements and evaluating compliance methods;
    K. where the operation or maintenance of air pollution control equipment and emission reduction processes can be adjusted or varied from the highest reasonable efficiency and effectiveness, information necessary for the Authority to establish operational and maintenance requirements under subsections 32-007-1 and 2 ;
    L. amount and method of refuse disposal; and
    M. corrections and revisions to the plans and specifications to ensure compliance with applicable rules, orders and statutes.
  3. Construction review by the Authority is subject to applicable fees listed in Table A Part I of this title. Construction review fees are assessed based on the review levels defined below:
    A. Level I review applies to construction projects which meet all of the following criteria:
   

(1) do not result in an increase in emissions or production over permitted limits;
   

(2) do not require ACDP modification prior to the ACDP renewal date;
   

(3) add a single piece of air pollution control equipment or replace an existing emission or process unit with a device of equivalent capacity; and
   

(4) require minimal review by the Authority.
    B. Level II review applies to construction projects which:
   

(1) trigger an applicable requirement but do not result in an increase in emissions over permitted limits; or

   

(2) result in changes in emissions or throughputs to multiple emission points from those identified in the ACDP permit application; and
   

(3) require a moderate amount of review by the Authority.
    C. Level III review applies to construction projects which:
   

(1) result in net emission increases which are less than the Significant Emission Rate (SER) as defined in LRAPA Title 38 (New Source Review), subsection 005-12; and

   

(2) require a substantial amount of review and analysis by the Authority.
    D. Level IV review applies to construction projects which:
   

(1) result in a net emission increase which is greater than or equal to the SER and are therefore subject to New Source Review/Prevention of Significant Deterioration review; or

   

(2) require extensive review and analysis by the Authority.
    E. For construction projects which do not clearly fit any of the levels described in subsections A through D of this section, the Authority shall assign a review level based on an estimate of the review time required and the level which most closely fits the construction project. The Authority may waive construction fees for sources with minimal or letter permits as defined in 34-100-5 and 6.
  4. Within sixty (60) days of receipt of all required information, the Authority shall make a determination as to whether the proposed construction or non-major modification is in accordance with the provisions of these rules. In accordance with 34-060-4.C, modifications which increase emissions above baseline emission rates shall require a 30-day public notice period.
    A. If the proposed construction is found to be in accordance with the provisions of these rules, the Authority shall issue a "Notice of Authority to Construct." This issuance shall not relieve the owner or operator of the obligation of complying with all other titles of these rules.
    B. If the proposed construction is found not to be in accordance with the provisions of these rules, the Director may issue an order prohibiting construction. Failure to issue the order within the sixty (60) day period shall be considered a determination that the construction may proceed in accordance with the information provided in the application.
    C. Any person against whom an order prohibiting construction is issued may, within twenty (20) days from the date of mailing of the order, demand a hearing. The demand shall be in writing, shall state the grounds for a hearing, and shall be submitted to the Director. Any hearing shall be conducted as a contested case pursuant to Title 14.
    D. Deviation from approved plans or specifications, without the written permission of the Director, shall constitute a violation of these rules.
    E. The Authority may require any order or other notice to be displayed on the premises designated. No person shall mutilate, alter, or remove such order or notice unless authorized to do so by the Authority.
  5. Notice shall be provided in writing to the Authority of the completion of construction and the date when operation will commence. Such notice will be provided within thirty (30) days of completion of the construction project on forms provided by the Authority. The Authority, following receipt of the notice of completion, shall inspect the premises.
Section 34-035 Amended 09/09/97

Section 34-040 Compliance Schedules for Existing Sources Affected by New Rules
  1. No existing source of air contaminant emissions will be allowed to operate out of compliance with the provisions of new rules, unless the owner or operator of that source first obtains a Board-approved compliance schedule which lists the steps being taken to achieve compliance and the final date when compliance will be achieved. Approval of a reasonable time to achieve compliance shall be at the discretion of the Board.
  2. The owner or operator of any existing air contaminant source found by the Director to be in non-compliance with the provisions of new rules shall submit to the Board for approval a proposed schedule of compliance to meet those provisions. This schedule shall be in accordance with timetables contained in the new rules or in accordance with an administrative order by the Director. This schedule shall contain, as necessary, reasonable time milestones for engineering, procurement, fabrication, equipment installation and process refinement. This request shall also contain documentation of the need for the time extension to achieve compliance and the justification for each of the milestones indicated in the schedule.
  3. Within one hundred and twenty (120) days of the submittal date of the request, the Board shall act to either approve or disapprove the request. A schedule for compliance becomes effective upon the date of the written order of the Board.
  4. Compliance schedules of longer than eighteen (18) months' duration shall contain requirements for periodic reporting of progress toward compliance.
  5. An owner or operator of an air contaminant source operating in non-compliance with these rules, but under an approved compliance schedule, who fails to meet that schedule or make reasonable progress toward completion of that schedule, shall be subject to enforcement procedures in accordance with these rules.

RULES APPLICABLE TO SOURCES REQUIRED TO HAVE
ACDP OR TITLE V OPERATING PERMITS

Section 34-050 Applicability
Sections 34-060 through 34-080 shall apply to all stationary sources required to obtain ACDP's under 34-090 through 34-160 or Title V Operating Permits under 34-170 through 34-200.

Section 34-060 Plant Site Emission Limit Rules
  1. Policy. The Authority recognizes the need to establish a more definitive method for regulating increases and decreases in air emissions of permit holders as contained in Section 34-060. However, by the adoption of these rules, the Authority does not intend to:
    A. Limit the use of existing production capacity of any air quality permittee (except for synthetic minor source permittees);
    B. Cause any undue hardship or expense to any permittee due to the utilization of existing unused productive capacity; or,
    C. Create inequity within any class of permittees subject to specific industrial standards which are based on emissions related to production.
  2. Plant Site Emission Limits (PSEL) may be established at levels higher than baseline if a demonstrated need exists to emit at a higher level, PSD increments and air quality standards would not be violated, and reasonable further progress in implementing control strategies would not be impeded.
  3. Definitions
    "Actual Emissions" means the mass rate of emissions of a pollutant from an emissions source during a specified time period. Actual emissions shall be directly measured with a continuous monitoring system or calculated using a material balance or verified emission factor in combination with the source's actual operating hours, production rates, or types of materials processed, stored, or combusted during the specified time period.
    A. For purposes of determining actual emissions as of the baseline period:
   

(1) Except as provided in paragraph (2) of this subsection, actual emissions shall equal the average rate at which the source actually emitted the pollutant during a baseline period and which is representative of normal source operation;
   

(2) The Authority may assume the source-specific mass emissions limit included in the permit for a source that was effective on September 8, 1981 is equivalent to the actual emissions of the source during the baseline period if it is within 10 percent of the actual emissions calculated under paragraph (1) of this subsection.

    B. For any source which had not yet begun normal operation in the specified time period, actual emissions shall equal the potential to emit of the source.
    C. For purposes of determining actual emissions for emission statements for Major Source Interim Emission Fees under LRAPA Title 35 and for Title V Operating Permit Fees under OAR 340 Division 220, actual emissions include, but are not limited to, routine process emissions, fugitive emissions, excess emissions from maintenance, startups and shutd class="textBody"owns, equipment malfunction, and other activities.
    "Aggregate Insignificant Emissions" means the annual actual emissions of any regulated air pollutant as defined in OAR 340 200-0020, for any Title V Operating Permit major source, including the usage of exempt mixtures, up to the lowest of the following applicable level:
    A. one ton for each criteria pollutant;
    B. 500 pounds for PM10 in a PM 10 nonattainment area;
    C. 120 pounds for lead;
    D. the lesser of the amount established in OAR 340 244-0230, Table 3, or 1,000 pounds for each Hazardous Air Pollutant;
    E. an aggregate of 5,000 pounds for all Hazardous Air Pollutants.
    "Baseline Emission Rate" means the average actual emission rate during the baseline period. Baseline emission rate shall not include increases due to voluntary fuel switches or increased hours of operation that have occurred after the baseline period.
    "Baseline Period" means either calendar years 1977 or 1978. The Authority shall allow the use of a prior time period upon a determination that it is more representative of normal source operation.
    "Categorically Insignificant Activity" means any of the following listed pollutant emitting activities principally supporting the source or the major industrial group. Categorically insignificant activities must comply with all applicable requirements.
    A. constituents of a chemical mixture present at less than 1% by weight of any chemical or compound regulated under OAR Chapter 340, Divisions 200 through 268, or less than 0.1% by weight of any carcinogen listed in the U. S. Department of Health and Human Service's Annual Report on Carcinogens when usage of the chemical mixture is less than 100,000 pounds/year.
    B. evaporative and tail pipe emissions from on-site motor vehicle operation;
    C. distillate oil, kerosene, and gasoline fuel burning equipment rated at less than or equal to 0.4 million Btu/hr;
    D. natural gas and propane burning equipment rated at less than or equal to 2.0 million Btu/hr;
    E. office activities;
    F. food service activities;
    G. janitorial activities;
    H. personal care activities;
    I. groundskeeping activities including, but not limited to building painting and road and parking lot maintenance;
    J. on-site laundry activities;
    K. on-site recreation facilities;
    L. instrument calibration;
    M. maintenance and repair shop;
    N. automotive repair shops or storage garages;
    O. air cooling or ventilating equipment not designed to remove air contaminants generated by or released from associated equipment;
    P. refrigeration systems with less than 50 pounds of charge of ozone depleting substances regulated under Title VI, including pressure tanks used in refrigeration systems but excluding any combustion equipment associated with such systems;
    Q. bench scale laboratory equipment and laboratory equipment used exclusively for chemical and physical analysis, including associated vacuum producing devices but excluding research and development facilities;
    R. temporary construction activities;
    S. warehouse activities;
    T. accidental fires;
    U. air vents from air compressors;
    V. air purification systems;
    W. continuous emissions monitoring vent lines;
    X. demineralized water tanks;
    Y. pre-treatment of municipal water, including use of deionzed water purification systems;
    Z. electrical charging stations;
    AA. fire brigade training;
    BB. instrument air dryers and distribution;
    CC. process raw water filtration systems;
    DD. pharmaceutical packaging;
    EE. fire suppression;
    FF. blueprint making;
    GG. routine maintenance, repair, and replacement such as anticipated activities most often associated with and performed during regularly scheduled equipment outages to maintain a plant and its equipment in good operating condition, including but not limited to steam cleaning, abrasive use, and woodworking;
    HH. electric motors;
    II. storage tanks, reservoirs, transfer and lubricating equipment used for ASTM grade distillate or residual fuels, lubricants, and hydraulic fluids;
    JJ. on-site storage tanks not subject to any New Source Performance Standards (NSPS), including underground storage tanks (UST), storing gasoline or diesel used exclusively for fueling of the facility's fleet of vehicles;
    KK. natural gas, propane, and liquefied petroleum gas (LPG) storage tanks and transfer equipment;
    LL. pressurized tanks containing gaseous compounds;
    MM. vacuum sheet stacker vents;
    NN. emissions from wastewater discharges to publicly owned treatment works (POTW) provided the source is authorized to discharge to the POTW, not including on-site wastewater treatment and/or holding facilities;
    OO. log ponds;
    PP. storm water settling basins;
    QQ. fire suppression and training;
    RR. paved roads and paved parking lots within an urban growth boundary;
    SS. hazardous air pollutant emissions of fugitive dust from paved and unpaved roads except for those sources that have processes or activities that contribute to the deposition and entrainment of hazardous air pollutants from surface soils;
    TT. health, safety, and emergency response activities;
    UU. emergency generators and pumps used only during loss of primary equipment or utility service;
    VV. non-contact steam vents and leaks and safety and relief valves for boiler steam distribution systems;
    WW. non-contact steam condensate flash tanks;
    XX. non-contact steam vents on condensate receivers, deaerators and similar equipment;
    YY. boiler blowdown tanks;
    ZZ. industrial cooling towers that do not use chromium-based water treatment chemicals;
    AAA. ash piles maintained in a wetted condition and associated handling systems and activities;
    BBB. oil/water separators in effluent treatment systems;
    CCC. combustion source flame safety purging on startup;
    DDD. broke beaters, pulp and repulping tanks, stock chests and pulp handling equipment, excluding thickening equipment and repulpers;
    EEE. stock cleaning and pressurized pulp washing, excluding open stock washing systems; and
    FFF. white water storage tanks.
    "Normal Source Operation" means operations which do not include such conditions as forced fuel substitution, equipment malfunction, or highly abnormal market conditions.
    "Plant Site Emission Limit (PSEL)" means the total mass emissions per unit time of an individual air pollutant specified in a permit for a source. The PSEL may consist of more than one assessable emission.
    "Significant Emission Rate (SER)" means:
    A. Emission rates equal to or greater than the following for air pollutants regulated under the Clean Air Act:
   
Significant Emission Rates for Pollutants
Regulated Under the Clean Air Act
   
Significant Pollutant
Emission Rate
(1) Carbon Monoxide 100.00 tons/year
(2) Particulate Matter 40.00 tons/year
(3) Nitrogen Oxides 25.00 tons/year
(4) Pm10 15.00 tons/year
(5) Sulfur Dioxide 40.00 tons/year
(6) VOCs 40.00 tons/year
(7) Lead 0.60 tons/year
(8) Mercury 0.10 tons/year
(9) Berylium 0.0004 tons/year
(10) Asbestos 0.007 tons/year
(11) Vinyl Chloride 1.00 tons/year
(12) Fluorides 3.00 tons/year
(13) Sulfuric acid Mist 7.00 tons/year
(14) Hydrogen Sulfide 10.00 tons/year
(15) Total Reduced Sulfur
(including hydrogen sulfide) 		10.00 tons/year
(16) Reduced Sulfur Compounds
(including hydrogen sulfide)		 10.00 tons/year
    B. For pollutants not listed above, the Authority shall determine the rate that constitutes a significant emission rate.
    C. Any emissions increase less than these rates associated with a new source or modification which would construct within 10 kilometers of a Class I area, and would have an impact on such area equal to or greater than 1 g/m3 (24-hour average) shall be deemed to be emitting at a significant emission rate.
  4. Requirements for Plant Site Emission Limits
    A. Plant Site Emission Limits (PSEL) shall be incorporated in all Air Contaminant Discharge Permits (ACDPs) and Title V Operating Permits, except minimal source permits and special letter permits, as a means of managing airshed capacity. Except as provided for in 34-060-6 and 7, all sources subject to regular permit requirements shall be subject to PSELs for all regulated pollutants. PSELs will be incorporated in permits when permits are renewed, modified, or newly issued.
    B. The emissions limits established by PSELs shall provide the basis for:
   

(1) assuring reasonable further progress toward attaining compliance with ambient air standards;
   

(2) assuring that compliance with ambient air standards and Prevention of Significant Deterioration increments are being maintained;
   

(3) administering offset, banking and bubble programs; and
   

(4) establishing the baseline for tracking consumption of Prevention of Significant Deterioration increments
  5. Criteria for Establishing Plant Site Emission Limits
    A. For existing sources, PSELs shall be based on the baseline emission rate for a particular pollutant at a source and shall be adjusted upward or downward pursuant to Authority rules.
    B. If an applicant requests that the PSEL be established at a rate higher than the baseline emission rate, the applicant shall:
   

(1) demonstrate that the requested increase is less than the significant emission rate increase defined in Section 34-060-3; or
   

(2) provide an assessment of the air quality impact pursuant to procedures specified in Section 38-015 to Section 38-020. A demonstration that no air quality standards of PSD increment will be violated in an attainment area or that a growth increment oroffset is available in a non-attainment area shall be sufficient to allow an increase inthe PSEL to an amount not greater than the plant's demonstrated need to emit as long as no physical modification of an emissions unit is involved.
    C. Increases above baseline emission rates shall be subject to public notice and opportunity for public hearing pursuant to applicable permit requirements.
    D. PSELs shall be established on at least an annual emission basis and a short- term period emission basis that is compatible with source operation and air quality standards.
    E. Mass emission limits may be established separately within a particular source for process emissions, combustion emissions, and fugitive emissions.
    F. Documentation of PSEL calculations shall be available to the permittee.
    G. For new sources, PSELs shall be based on application of applicable control equipment requirements and projected operating conditions.
    H. PSELs shall not be established which allow emissions in excess of those allowed by any applicable federal or state regulation or by any specific permit condition unless specific provisions of Section 34-060-8 are met.
    I. PSELs may be changed pursuant to Authority rules when:
   

(1) Errors are found or better data is available for calculating PSELs.
   

(2) More stringent control is required by a rule adopted by the Environmental Quality Commission or the Authority.

   
(3) An application is made for a permit modification pursuant to the Air Contaminant Discharge Permit requirements (34-090 through 34-160) and the New Source Review requirements (Title 38), or Rules Applicable to Sources Required to Have Title V Operating Permits (34-170 through 34-200). Approval may be granted based on growth increments, offsets, or available Prevention of Significant Deterioration increments.
   
(4) The Authority finds it necessary to initiate modifications of a permit pursuant to Section 34-130-15 or OAR 340-218-0200, Reopenings
  6. Plant Site Emission Limits for Sources of Hazardous Air Pollutants
    A. For purposes of establishing PSELs, hazardous air pollutants listed under OAR 340-244-0040 or OAR 340244-0230 shall not be considered regulated pollutants under Section 34-060-4.A until such time as the Authority determines otherwise.
    B. The Authority may establish PSELs for hazardous air pollutants for the following causes:
   
(1) An owner or operator elects to establish a PSEL for any hazardous air pollutant emitted for purposes of determining emission fees as prescribed in Title 35; or
   
(2) The source is subject to a hazardous air pollutant emission standard, limitation, or control requirement other than Plant Site Emission Limits.
    C. Procedures for establishing and modifying PSELs for hazardous air pollutant emissions shall be consistent with Section 34-060-5, except for the following:
   
(1) a baseline emission rate shall not apply; and
   
(2) the provisions of Section 34-060-8 shall not apply.
    D. PSELs established for hazardous air pollutants shall not be used for any provisions other than those prescribed in subsection B of this section.
  7. Plant Site Emission Limits for Insignificant Activities
    A. For purposes of establishing PSELs, emissions from categorically insignificant activities listed in Subsection 34-060-3 shall not be considered regulated air pollutants under Section 34-060-4 until such time as the Authority determines otherwise, except as provided in subsection C of this section.
    B. For purposes of establishing PSELs, emissions from non-exempt insignificant mixture usage and aggregate insignificant emissions listed in Subsection 34-060-3 shall be considered regulated air pollutants under Section 34-060-4.
    C. For purposes of determining New Source Review or Prevention of Significant Deterioration applicability, Title 38, emissions from insignificant activities shall be considered.
  8. Alternative Emission Controls (Bubble)
    A. Alternative emission controls may be approved for use within a plant site such that specific mass emission limit rules are exceeded if:
   
(1) such alternatives are not specifically prohibited by a permit condition;
   
(2) net emissions for each pollutant are not increased above the PSEL;
   
(3) The net air quality impact is not increased as demonstrated by procedures required by Section38-035 (Requirements for Net Air Quality Benefit);
   
(4) No other pollutants including malodorous, toxic or hazardous pollutants are substituted;
   
(5) Best Available Control Technology (BACT) and Lowest Achievable Emission Rate (LAER), where required by a previously issued permit, and New Source Performance Standards (NSPS) and National Emission Standards for Hazardous Air Pollutants (NESHAP), where required, are not relaxed;
   
(6) specific mass emission limits are established for each emission unit involved such that compliance with the PSEL can be readily determined; or
   

(7) application is made for a permit modification and such modification is approved by the Authority.

    B. Operators of existing sources requesting alternative emission controls shall, at the time of application, pay the following fees:
   
(1) a filing fee as listed in Table A, Part I, item J of this rule; and
   
(2) an application processing fee as listed in Table A, Part I, item D of this rule.
  9. Temporary PSD Increment Allocation
    A. On demonstration to the Authority, PSELs may include a temporary or time-limited allocation against an otherwise unused PSD increment in order to accommodate voluntary fuel switching or other cost or energy saving proposals if:
   
(1) no ambient air quality standard is exceeded;
   
(2) no applicable PSD increment is exceeded;
   
(3) no nuisance condition is created; and
   
(4) the applicant's proposed and approved objective continues to be realized.
   

B. When such demonstration is being made for changes to the PSEL, it shall be presumed that ambient air quality monitoring shall not be required of the applicant for changes in hours of operation, changes in production levels, voluntary fuel switching or for cogeneration projects unless, in the opinion of the Authority, extraordinary circumstances exist.
    C. Such temporary allocation of a PSD increment shall be set forth in a specific permit condition issued pursuant to the Authority's notice and permit issuance or modification procedures.
    D. Such temporary allocations are for a specific time period and may be recalled with proper notice.

Section 34-070 Sampling, Testing and Monitoring of Air Contaminant Emissions
  1. Program
    A. As part of its coordinated program of air quality control and preventing and abating air pollution, the Authority may:
   

(1) require any person responsible for emissions of air contaminants to make or have made tests to determine the type, quantity, quality, and duration of the emissions from any air contamination source;
   

(2) require full reporting of all test procedures and results furnished to the Authority in writing and signed by the person or persons responsible for conducting the tests; and
   
(3) require continuous monitoring of specified air contaminant emissions and periodic regular reporting of the results of such monitoring.
    B. At the request of the Authority, an owner or operator of a source required to conduct emissions tests may be required to provide emission testing facilities as follows:
   

(1) sampling ports, safe sampling platforms, and access to sampling platforms adequate for test methods applicable to such source; and
   
(2) utilities for sampling and testing equipment.
    C. Testing shall be conducted in accordance with the Department's Source Sampling Manual (January, 1992), the Department's Continuous Monitoring Manual (January, 1992), or an applicable EPA Reference Method unless the Authority, where allowed under applicable federal requirements:
   

(1) specifies or approves, in specific cases, minor changes in methodology;
   
(2) approves the use of an equivalent method or alternative method which will provide adequate results;
   
(3) waives the requirement for tests because the owner or operator of a source has demonstrated by other means to the Authority's satisfaction that the affected facility is in compliance with applicable requirements; or
   
(4) approves shorter sampling times and smaller sample volumes when necessitated by process variables or other factors.
  2. Stack Heights and Dispersion Techniques
    A. 40 CFR, Parts 51.100 (ff) through 51.100(kk), 51.118, 51.160 through 51.166 (July 1, 1993) are by this reference adopted and incorporated herein, concerning stack heights and dispersion techniques.
    B. In general, the rule prohibits the use of excessive stack height and certain dispersion techniques when calculating compliance with ambient air quality standards. The rule does not forbid the construction and actual use of excessively tall stacks, nor use of dispersion techniques; it only forbids their use in calculations as noted above.
    C. This section has the following general applicability:
   

(1) With respect to the use of excessive stack height, stacks 65 meters high or greater, constructed after December 31, 1970, and major modifications to existing plants after December 31, 1970 with stacks 65 meters high or greater which were constructed before that date, are subject to this section, with the exception that certain stacks at federally owned, coal-fired steam electric generating units constructed under a contract awarded before February 8, 1974, are exempt.
   

(2) With respect to the use of dispersion techniques, any technique implemented after December 31, 1970, at any plant, is subject to this section. However, if the plant's total allowable emissions of sulfur dioxide are less than 5,000 tons per year, then certain dispersion techniques to increase final exhaust gas plume rise are permitted to be used when calculating compliance with ambient air quality standards for sulfur dioxide.