Rules		 LRAPA - click for home page

Title35 - Major Source Interim Emission Fee Rules

Section 35-001 General Discussion, Scope and Applicability
Title V of the Federal Clean Air Act Amendments of 1990 require LRAPA to submit to the federal Environmental Protection Agency by November 1993 a plan which will implement a new major source permit program. The Oregon State Legislature adopted House Bill 2175 in June 1991, authorizing interim emission fee programs for developing the federally required program. The purpose of these rules is to provide the criteria and procedures for calculating interim emissions and fees based upon calculated or permitted emissions for calendar years 1991 and 1992. The rules apply to major sources as defined in 35-005-13. The permittee may elect to pay interim emission fees on either calculated emissions or permitted emissions for each assessable emission. The interim emission fees are in addition to the fees required by other Titles in LRAPA's Rules and Regulations.


Section 35-005 Definitions
As used in this title, unless otherwise required by context:
  1. "Actual Emission" means all emissions including but not limited to routine process emissions; fugitive emissions; and excess emissions from maintenance, startups and shutdowns, equipment malfunctions, and other activities.
  2. "Assessable Emission" means a unit of emissions for which the major source will be assessed a fee. It includes an emission of a pollutant defined in LRAPA 35-010 from one emission point or from an area within a major source. For routine process emissions, emissions of each pollutant in LRAPA 35-010 from each emission point, included in an air contaminant discharge permit, shall be an assessable emission.
  3. "Authority" means the Lane Regional Air Protection Agency.
  4. "Calculated Emission" means actual emissions estimated using Authority-approved procedures.
  5. "Constant Process Rate" means the average variation in process rate for the calendar year is not greater than plus or minus ten percent of the average process rate.
  6. "Continuous Monitoring Systems" means sampling and analysis, in a timed sequence, using techniques which will adequately reflect calculated emissions and actual emission levels or concentrations on a continuing basis, in accordance with the Department's Continuous Monitoring Manual, and includes continuous emission and parameter monitoring systems.
  7. "Department" means Oregon Department of Environmental Quality.
  8. "Emission" means a release into the atmosphere of any regulated pollutant.
  9. "Emission Estimate Adjustment Factor (EEAF)" means an adjustment applied to an emission factor to account for the relative inaccuracy of the emission factor.
  10. "Emission Factor" means an average value which relates the quantity of a pollutant released to the atmosphere with the activity associated with the release of that pollutant.
  11. "Emission Reporting Form" means a paper or electronic form developed by the Authority that shall be completed by the permittee to report calculated emissions or permitted emissions for interim emission fee assessment purposes.
  12. "Fugitive Emission" means dusts, fumes, gases, mist, odorous matter, vapors or any combination thereof not easily given to measurement, collection, and treatment by conventional pollution control methods.
  13. "Interim Emission Fee" means $13 per ton for each assessable emission subject to emission fees under LRAPA 35-010 for calculated or permitted emissions released during calendar years 1991 and 1992.
  14. "Late Payment" means an interim emission fee which is postmarked after the due date.
  15. "Major Source" or "Source" means any permitted source or group of stationary sources located within a contiguous area and under common control, or any stationary facility or source of air pollutants which directly emits or is permitted to emit:
    A. 100 tons per year or more of any regulated pollutant; or
    B. 50 tons per year or more of a volatile organic compound and is located in a serious ozone non-attainment area.
  16. "Material Balance" means a procedure for calculating emissions based on the difference between the amount of material added to a process and the amount consumed and recovered from a process.
  17. "Particulate Matter" means all solid or liquid material, other than uncombined water, emitted to the ambient air as measured by an Authority-approved method.
  18. "Permit" or "Air Contaminant Discharge Permit" means a written permit issued by the Authority, pursuant to LRAPA Title 34 .
  19. "Permitted Emissions" means assessable emission portion of the Plant Site Emission Limit.
  20. "Person" means the United States government and agencies thereof, any state, individual, public or private corporation, political subdivision, governmental agency, municipality, industry, co-partnership, association, firm, trust, estate, or any other legal entity.
  21. "Plant Site Emission Limit (PSEL)" means the total mass emissions per unit time of an individual air pollutant specified in a permit for a major source. The PSEL may consist of more than one assessable emission.
  22. "PM10 Emissions" means emissions of finely divided solid or liquid material, other than uncombined water, with an aerodynamic diameter less than or equal to a nominal 10 micrometers, emitted to the ambient air as measured by applicable reference methods in accordance with the Department's Source Sampling Manual.
  23. "Regulated Pollutant" means PM10 Sulfur Dioxide (SO2), Oxides of Nitrogen (NOx), Lead (Pb), Volatile Organic Compounds (VOC), and Carbon Monoxide (CO); and any other pollutant subject to a New Source Performance Standard (NSPS) such as Total Reduced Sulfur (TRS) from kraft pulp mills and Fluoride (F) from aluminum mills.
  24. "Source Category" means a group of major sources determined by the Authority to be using similar raw materials and having equivalent process control and pollution control equipment.
  25. "Source Test" means the average of at least three test runs during operating conditions representative of the period for which emissions are to be calculated, conducted in accordance with the Department's Source Sampling Manual or other Authority-approved methods.
  26. "Substantial Underpayment" means the lesser of ten percent (10%) of the total interim emission fee for the major source or five hundred dollars ($500).
  27. "Total Reduced Sulfur (TRS)" means the sum of the sulfur compounds hydrogen sulfide, methyl mercaptan, dimethyl sulfide, and dimethyl disulfide, and any other organic sulfide present expressed as hydrogen sulfide (H2S).
  28. "Verified Emission Factor" means an emission factor approved by the Authority and developed for a specific major source or source category and approved for application to that major source by the Authority.
  29. "Volatile Organic Compound (VOC)" means any organic compound which would be emitted during use, application, curing or drying of a surface coating, solvent, or other material. Excluded from this definition are those compounds which EPA classifies as having negligible photochemical reactiv-ity, which include: methane, ethane, methylene chloride, 1,1,1--trichlor-ethane (methyl chloriform), trichlorofluoromethane (CFC-11), dichloro-fluoromethane (CFC-12), chlorodifluoromethane (CFC-22), trifluoromethane (FC-23), trichlorotetrafluoroethane (CFC-114), and chloropentafluoroethane (CFC 115).


Section 35-010 Pollutants Subject to Interim Emission Fees
  1. The Authority shall assess interim emission fees on assessable emissions up to and including 4,000 tons per year of each of the following pollutants from each major source:
    A. PM10 or TSP, as specified in paragraph 2 of this section;
    B. SO2;
    C. NOx;
    D. VOC;
    E. Lead;
    F. Fluoride;
    G. TRS; and
    H. Any other pollutant subject to New Source Performance Standards.
  2. If the interim emission fee on PM10 emissions is based on the Plant Site Emission Limit for a source that does not have a Plant Site Emission Limit for PM10, the Authority shall assess the interim emission fee on the Plant Site Emission Limit for Total Suspended Particulates.
  3. The permittee shall calculate each assessable emission separately.
  4. The permittee shall pay interim emission fees on all assessable emissions.
  5. If a PSEL does not exist for an assessable emission, the permittee shall pay fees on calculated emissions using the permitted operating schedule.


Section 35-015 Exclusions
The Authority shall not assess interim emission fees on:
  1. Pollutants regulated solely as hazardous air pollutants as defined in Section 112 of the federal Clean Air Act;
  2. Newly permitted major sources that have not begun initial operation;
  3. A former permittee who has permanently ceased operation, as indicated by cancellation of the air contaminant discharge permit prior to the time of interim emission fee assessment by the Authority; or
  4. Carbon monoxide emissions (however, sources that emit or are permitted to emit 100 tons per year or more of carbon monoxide are subject to interim emission fees on all other regulated pollutants).


Section 35-020 References
Reference documents used in this title include the Department of Environmental Quality Source Sampling Manual and the Department of Environmental Quality Continuous Monitoring Manual.


Section 35-025 Single Election for Each Emission for 1991 and 1992
  1. The permittee shall make an election to pay interim emission fees on either permitted or calculated emissions for each year for each assessable emission and notify the Authority in accordance with 35-035.
  2. For assessable emissions which do not have a PSEL, 35-010-5 shall apply.
  3. If the permittee fails to notify LRAPA of the election for an assessable emission, the permittee shall pay on the permitted emissions.


Section 35-030 Emission Reporting
  1. For the purpose of assessing interim emission fees, the permittee shall submit the following information on an Emission Reporting Form(s) developed by the Authority for each assessable emission in tons per year, reported as follows:
    A. PM10 as PM10;
    B. Sulfur Dioxide as SO2;
    C. Oxides of Nitrogen (NOx) as Nitrogen Dioxide (NO2);
    D. Total Reduced Sulfur (TRS) as H2S;
    E. Volatile Organic Compounds (VOC) as
         (1) VOC for material balance emission reporting, or
         (2) Propane (C3H8), unless otherwise specified by permit, or Oregon Administrative Rules, or a method approved by the Authority, for emissions verified by source testing;
    F. Fluoride as F; and
    G. Lead as Pb.
  2. The permittee electing to pay interim emission fees on calculated emissions shall report emissions as follows:
    A. Submit complete information on the Emission Reporting Forms including all assessable emissions, emission points and sources;
    B. Submit documentation necessary to support emission calculations;
    C. Round up to the nearest whole ton for emission values 0.5 and greater;
    D. Round down to the nearest whole ton for emission values less than 0.5; and
    E. Report total emissions including those emissions in excess of 4,000 tons for each assessable emission.
  3. Permittees electing to pay on permitted emissions for an assessable emission shall submit a statement to the Authority that they shall pay on the Plant Site Emission Limit in effect for the calendar year in which they are paying.
  4. If more than one permit is in effect for a calendar year for a major source, the permittee electing to pay on permitted emissions shall pay on a prorated rate based upon the Plant Site Emission Limit(s) in effect for each day of that calendar year


Section 35-035 Emission Reporting and Interim Fee Procedures
  1. The permittee shall submit the original Emission Reporting Form(s), including the permittee's election for each assessable emission, to the Authority by May 1, 1992 for calendar year 1991 emissions and by April 1, 1993 for calendar year 1992 emissions.
  2. The permittee may request that information, other than emission information, be treated as confidential by the Authority in accordance with Oregon Revised Statutes 192.410 through 192.505.
  3. The permittee shall allow Authority representatives access to the plant site and pertinent records at all reasonable times for the purposes of making inspections and surveys, collecting samples, obtaining data, reviewing and copying air contaminant emission discharge records and otherwise conducting all necessary functions related to the interim emission fees. The permittee shall maintain all records on site for two years after the fee assessment date.
  4. The Authority may accept the information submitted or request additional information from the permittee. The permittee shall submit additional calculated or actual emission information requested by the Authority within 30 (thirty) days of receiving a request from the Authority. (Upon approval by LRAPA, this may be extended an additional 30 days.)
  5. If the Authority determines that the calculated emission information submitted for any assessable emission does not meet the criteria in this Title, the Authority shall assess the interim emission fee on the permitted emission for that assessable emission.
  6. The permittee shall submit interim emission fees payable to the Authority thirty (30) days after the Authority mails the interim emission fee invoice.
  7. Authority acceptance of interim emission fees shall not indicate approval of data collection methods, calculation methods, or information reported on Emission Reporting Forms. The Authority may assess or refund interim emission fees up to two years after the interim emission fee assessment date, if the Authority determines initial interim emission fee assessments were inaccurate or inconsistent with these rules.
  8. The Authority shall not revise a Plant Site Emission Limit solely due to an interim emission fee payment.


Section 35-040 Calculated Emissions for 1991
To calculate emissions, the permittee shall use one of the following methods.
  1. 35-065 and
    A. The emission factor(s) and other criteria used by the Authority to establish Plant Site Emission Limits to calculate assessable emission(s), or
    B. Emission factors developed from at least one Authority-approved source test conducted since 1985. Material balance data.
  3. Emission data from a continuous monitoring system if:
    A. The system was installed and maintained in accordance with 35-045 and is capable of continuously monitoring pollutant emissions;
    B. Emissions data were recorded at a minimum of once per hour; and
    C. Data completeness was at least ninety percent (90%) of the scheduled operating time based on hourly data. Otherwise the formula presented in 35-045 shall be used to determine emissions.
  4. Alternative emission factors approved by the Authority as more representative of actual source configuration and operation which are at least as accurate as methods used for compliance determination.


Section 35-042 Calculated Emissions for 1992
(Note: For the purpose of implementing this section in Lane County, where the OAR chapter referenced in this section refers to the "Department," the "Authority" should be substituted.)
To calculate emissions for 1992, permittees shall use one of the following methods:
  1. Continuous monitoring systems used in accordance with LRAPA 35-045.
  2. Verified emission factors developed for that particular source in accordance with OAR 340-20-575 for:
    A. each assessable emission; or
    B. a combination of assessable emissions, if there are multiple sources venting to the atmosphere through a common emission point.
    C. The permittee shall have a verified emission factor plan approved by the Authority prior to conducting the source testing in accordance with OAR 340-20-575.
  3. Material balance in accordance with 35-050, together with either 35-055 or 35-060.
  4. Verified emission factors for source categories developed in accordance with OAR 340-20-575(11).


Section 35-045 Calculating Emissions from Continuous Monitoring Systems
  1. If the permittee elects to report emission data using monitoring systems, the permittee shall use a monitor installed and operated in accordance with the Department's Continuous Monitoring Manual or other Authority-approved method.
  2. If the permittee has continuous monitoring data that comprises less than ninety percent (90%) of the plant operating time, the actual emissions shall be determined from the following equation, unless otherwise approved by the Authority:
 
  Where:
AE=Actual Emissions, tons.
CMSDT=Amount of time that the CMS was not operating or produced invalid data, hours.
TOT=Total process operating time, hours.
CMSdata=Cumulative emissions from valid continuous monitoring system (CMS) data, tons.
PSELdaily=Air Contaminant Discharge Permit (ACDP) Plant Site Emission Limit (PSEL), tons expressed in a daily limit. (The actual emissions from the Continuous Monitoring System, added to the Plant Site Emission Limit, divided by 365, multiplied by the number of days that the continuous monitoring system was not operating or the data were unacceptable.)


Section 35-050 Calculating Emissions Using Material Balance
  1. The permittee may elect to calculate emissions if the amount of material added to a process, less the amount consumed and recovered from a process, can be documented in accordance with Authority-approved procedures and in accordance with these rules.
  2. The permittee shall only apply material balance calculations to VOC or sulfur dioxide emissions in accordance with 35-055 and 35-060, respectively.


Section 35-055 Calculating Volatile Organic Compound Emissions Using Material Balance
The permittee may determine the amount of VOC emissions for the assessable emissions by using material balance. The permittee using material balance to calculate VOC emissions shall determine the amount of VOC added to the process, the amount of VOC consumed in the process and the amount of VOC recovered in the process by testing in accordance with 40 CFR Part 60 EPA Method 18, 24, 25, a material balance method, or an equivalent plant-specific method specified in the Air Contaminant Discharge Permit using the following equation:
Where:
VOCtot=Total VOC emissions
VOCadd=VOC added to the process
VOCcons=VOC consumed and recovered from the process


Section 35-060 Calculating Sulfur Dioxide Emissions Using Material Balance
  1. Sulfur dioxide emissions for some major sources may be determined by measuring the sulfur content of fuels and assuming that all of the sulfur in the fuel is oxidized to sulfur dioxide.
  2. The permittee shall use ASTM methods to measure the sulfur content in fuel for each quantity of fuel burned.
  3. The permittee shall determine sulfur dioxide emissions for each quantity of fuel burned, determining quantity by a method that is reliable for that source, by performing the following calculation:
 
  Where:
SO2=Sulfur dioxide emissions for each quantity of fuel, tons
%S=Percent Sulfur in the fuel being burned, % (w/w).
F=Amount of fuel burned, based on a quantity measurement, tons
2=Pounds of sulfur dioxide per pound of sulfur.
  4. For coal-fired steam generating units the following equation shall be used by permittees to account for sulfur retention:
 
  Where:
SO2adj=Sulfur dioxide adjusted for sulfur retention (40 CFR Part 60, Appendix A, Method 19, Section 5.2)
SO2=Sulfur dioxide emissions from each quantity burned (35-060)
  5. The permittee shall keep records of the fuel received and consumed and the quantity and sulfur content for two (2) years after the fee assessment date.
  6. The permittee shall keep records of the fuel received and consumed and the quantity and sulfur content.


Section 35-065 Calculating Emissions During Startup and Shutdown, and for Emissions Greater than Normal
  1. The permittee shall calculate emissions during startup and shutdown, and for emissions greater than normal, during conditions that are not accounted for in the procedure(s) otherwise used to document actual emissions.
  2. All emissions during startup and shutdown, and emissions greater than normal shall be assumed equivalent to operation without an air pollution control device, unless accurately demonstrated by the permittee and approved by the Authority. The emission factor shall be adjusted by the air pollution control device collection efficiency as follows:
 
  Where:
EF=Emission Factor
PCDE=Pollution Control Device Collection Efficiency
  Unless otherwise approved by the Authority, the pollution control device collection efficiencies used in this calculation shall be:  
  A. Particulate Matter  
       (1) ESP or baghouse 0.90
       (2) High energy wet scrubber 0.80
       (3) Low energy wet scrubber 0.70
       (4) Cyclonic seperator 0.50
       (5) No controls 0.50
  B. Acid Gases  
       (1) Wet or dry scrubber 0.90
  C. Volitile Organic Compounds and TRS  
       (1) Incinerator 0.98
       (2) Carbon absorber 0.95


Section 35-070 Late and Underpayment Interim Emission Fees
  1. Notwithstanding any enforcement action, the permittee shall be subject to a late payment fee of:
    A. Two hundred dollars ($200) for payments postmarked more than seven (7) or less than thirty (30) days late; and
    B. Four hundred dollars ($400) for payments postmarked on or over thirty (30) days late.
  2. Notwithstanding any enforcement action, the Authority may assess an additional fee of the greater of four hundred dollars ($400) or twenty percent (20%) of the amount underpaid for substantial underpayment.
  LRAPA HOME|AIR QUALITY|PUBLIC EDUCATION|PERMITTING/ENFORCEMENT|PROJECTS/PROGRAMS|CONTACTS
 
© 2009 LRAPA      
_bottom.php"); ?>