Rules And Regulations:

Title 46 - New Source Performance Standards

The existing Title 46 was rescinded in its entirety on November 10, 1994, and this new Title 46 was adopted in its place. Subsequent updates and modifications were adopted on October 14, 2008. These rules are the same as DEQ's Standards of Performance for New Stationary Sources contained in OAR 340-238.

Section 46-505 Statement of Purpose

The U. S. Environmental Protection Agency has adopted in Title 40, Code of Federal Regulations, Part 60, Standards of Performance for certain new stationary sources. It is the intent of LRAPA Title 46 to specify requirements and procedures necessary for LRAPA to implement and enforce the aforementioned Federal Regulations.

Section 46-510 Definitions

1. "Administrator" means the Administrator of the EPA or authorized representative.
2. "Alternative Method" means any method of sampling and analyzing for an air pollutant which is not a reference or equivalent method but which has been demonstrated to LRAPA’s satisfaction to, in specific cases, produce results adequate for determination of compliance.
3. "ASTM" means the American Society of Testing & Materials.
4. "Authority or Agency" means the Lane Regional Air Protection Agency.
5. "Board" means the Board of Directors of the Lane Regional Air Protection Agency.
6. "Capital Expenditure" means an expenditure for a physical or operational change to an existing facility which exceeds the product of the applicable "annual asset guideline repair allowance percentage" specified in the latest edition of Internal Revenue Service (IRS) Publication 534 and the existing facility's basis, as defined by section 1012 of the Internal Revenue Code. However, the total expenditure for a physical or operational change to an existing facility must not be reduced by any "excluded additions" as defined in IRS Publication 534, as would be done for tax purposes.
7. "CFR" means Code of Federal Regulations and, unless otherwise expressly identified, refers to the July 1, 2008 edition.
8. "Closed municipal solid waste landfill" (closed landfill) means a landfill in which solid waste is no longer being placed, and in which no additional solid wastes will be placed without first filing a notification of modification as prescribed under 40 CFR 60.7(a)(4). Once a notification of modification has been filed, and additional solid waste is placed in the landfill, the landfill is no longer closed. A landfill is considered closed after meeting the criteria of 40 CFR 258.60.
9. "Commenced" means, with respect to the definition of "new source" in section 111(a)(2) of the federal Clean Air Act, that an owner or operator has undertaken a continuous program of construction or modification or that an owner or operator has entered into a contractual obligation to undertake and complete, within a reasonable time, a continuous program of construction or modification.
10. "Commission" means the Oregon Environmental Quality Commission.
11. "Construction" means fabrication, erection, or installation of a facility.
12. "Department" means the Department of Environmental Quality.
13. "Environmental Protection Agency" or "EPA" means the United States Environmental Protection Agency.
14. "Existing municipal solid waste landfill" (existing landfill) means a municipal solid waste landfill that began construction, reconstruction or modification before 5/30/91 and has accepted waste at any time since 11/08/87 or has additional design capacity available for future waste deposition.
15. "Equivalent Method" means any method of sampling and analyzing for an air pollutant which has been demonstrated to LRAPA’s satisfaction to have a consistent and quantitatively known relationship to the reference method, under specified conditions.
16. "Existing Facility" means, with reference to a stationary source, any apparatus of the type for which a standard is promulgated in 40 CFR Part 60, and the construction or modification of which commenced before the date of proposal by EPA of that standard; or any apparatus which could be altered in such a way as to be of that type.
17. "Facility" means all or part of any public or private building, structure, installation, equipment,.
18. "Fixed Capital Cost" means the capital needed to provide all the depreciable components.
19. "Modification"
    1. Except as provided in subsection (B) of this section, means any physical change in, or change in the method of operation of, an existing facility that increases the amount of any air pollutant (to which a standard applies) emitted into the atmosphere by that facility or that results in the emission of any air pollutant (to which a standard applies) into the atmosphere not previously emitted;
    2. As used in Section 46-900 means an action that results in an increase in the design capacity of a landfill.
20. "Municipal solid waste landfill" (landfill) means an entire disposal facility in a contiguous geographical space where household waste is placed in or on land. A municipal solid waste landfill may also receive other types of RCRA Subtitle D wastes such as commercial solid waste, nonhazardous sludge, conditionally exempt small quantity generator waste, and industrial solid waste. Portions of a municipal solid waste landfill may be separated by access roads and may be publicly or privately owned. A municipal solid waste landfill may be a new municipal solid waste landfill, an existing municipal solid waste landfill, or a lateral expansion (modification).
21. "New municipal solid waste landfill" (new landfill) means a municipal solid waste landfill that began construction, reconstruction or modification or began accepting waste on or after 5/30/91.
22. Particulate Matter" means any finely divided solid or liquid material, other than uncombined water, as measured by an applicable reference method, or an equivalent or alternative method.
23. "Reconstruction" means the replacement of components of an existing facility to such an extent that:
    1. The fixed capital cost of the new components exceeds 50 percent of the fixed capital cost that would be required to construct a comparable entirely new facility; and
    2. It is technologically and economically feasible to meet the applicable standards set forth in 40 CFR Part 60.
24. "Reference Method" means any method of sampling and analyzing for an air pollutant as specified in the Department's Source Sampling Manual, January 1992, The Department's Continuous Monitoring Manual, January 1992, or an applicable subpart of 40 CFR Part 60 (July 1, 1993).
25. "Small municipal solid waste landfill" (small landfill) means a municipal solid waste landfill with a design capacity less than 2.5 million megagrams or 2.5 million cubic meters. "Standard" means a standard of performance proposed or promulgated under 40 CFR Part 60. "State Plan" means a plan developed for the control of a designated pollutant provided under 40 CFR Part 60.
26. "Stationary Source" means any building, structure, facility, or installation that emits or may emit any air pollutant subject to regulation under the federal Clean Air Act. "Volatile Organic Compounds" or "VOC" means any organic compounds that participate in atmospheric photochemical reactions; or that are measured by a reference method, an equivalent method, or an alternative method; or that are determined by procedures specified under any applicable rule.

Section 46-515 Statement of Policy

It is the policy of the Board to consider the performance standards for new stationary sources contained in Title 46 to be minimum standards; and as technology advances, conditions warrant, and LRAPA rules require or permit, additional rules may be adopted.

Section 46-520 Delegation

1. The Commission authorizes LRAPA to implement and enforce, within its boundaries, the provisions of OAR 340-238.
2. The Commission authorizes LRAPA to implement and enforce its own provisions upon a finding that such provisions are at least as stringent as a corresponding provision in OAR 340238. LRAPA may implement and enforce provisions authorized by the Commission in place of any or all of OAR 340238 upon receipt of delegation from EPA. Delegation may be withdrawn for cause by the Commission.

Section 46-525 Applicability

LRAPA Title 46 shall be applicable to stationary sources identified in Title 46 for which construction, reconstruction, or modification has commenced.

Section 46-530 General Provisions

1. Except as provided in subsection 2 of this section, 40 CFR, Part 60, Subpart A is by this reference adopted and incorporated herein.
2. Where "Administrator" or "EPA" appears in 40 CFR Part 60, Subpart A, "LRAPA" shall be substituted, except in any section of 40 CFR Part 60 for which a federal rule or delegation specifically indicates that authority will not be delegated to the state or regional authority.

Section 46-535 Federal Regulations Adopted by Reference

1. Except as provided in subsection 2 of this section, 40 CFR Part 60, Subparts D through XX, BBB through NNN, PPP through WWW, and AAAA and CCCC are by this reference adopted and incorporated herein. 40 CFR Part 60, Subpart OOO is by this reference adopted and incorporated herein for major sources only.
2. Where "Administrator" or "EPA" appears in 40 CFR Part 60, "LRAPA" shall be substituted, except in any section of 40 CFR Part 60 for which a federal rule or delegation specifically indicates that authority will not be delegated to the state or regional authority.
3. 40 CFR Part 60 Subparts adopted by this rule are titled as follows:
   A.  Subpart D -- Fossil-fuel-fired steam generators for which construction is commenced after August 17, 1971;
   B.  Subpart Da -- Electric utility steam generating units for which construction is commenced after September 18, 1978;
   C.  Subpart Db -- Industrial-commercial-institutional steam generating units;
   D.  Subpart Dc -- Small industrial-commercial-institutional steam generating units;
   E.  Subpart E -- Incinerators;
   F.  Subpart Ea -- Municipal waste combustors for which construction is commenced after December 20, 1989 and on or before September 20, 1994;
   G.  Subpart Eb -- Municipal waste combustors for which construction is commenced after September 20, 1994;
   H.  Subpart Ec -- Hospital/Medical/Infectious waste incinerators that commenced construction after June 20, 1996, or for which modification is commenced after March 16, 1998;
   I.  Subpart F -- Portland cement plants;
   J.  Subpart G -- Nitric acid plants;
   K.  Subpart H -- Sulfuric acid plants;
   L.  Subpart I -- Hot mix asphalt facilities;
   M.  Subpart J -- Petroleum refineries;
   N.  Subpart K -- Storage vessels for petroleum liquids for which construction, reconstruction, or modification commenced after June 11, 1973, and before May 19, 1978;
   O.  Subpart Ka -- Storage vessels for petroleum liquids for which construction, reconstruction, or modification commenced after May 18, 1978, and before July 23, 1984;
   P.  Subpart Kb -- Volatile organic liquid storage vessels (including petroleum liquid storage vessels) for which construction, reconstruction, or modification commenced after July 23, 1984;
   Q.  Subpart L -- Secondary lead smelters;
   R.  Subpart M -- Secondary brass and bronze production plants;
   S.  Subpart N -- Primary emissions from basic oxygen process furnaces for which construction is commenced after June 11, 1973;
   T.  Subpart Na -- Secondary emissions from basic oxygen process steelmaking facilities for which construction is commenced after January 20, 1983;
   U.  Subpart O -- Sewage treatment plants;
   V.  Subpart P -- Primary copper smelters;
   W.  Subpart Q -- Primary Zinc smelters;
   X.  Subpart R -- Primary lead smelters;
   Y.  Subpart S -- Primary aluminum reduction plants;
   Z.  Subpart T -- Phosphate fertilizer industry: wet-process phosphoric acid plants;
   AA.  Subpart U -- Phosphate fertilizer industry: superphosphoric acid plants;
   BB.  Subpart V -- Phosphate fertilizer industry: diammonium phosphate plants;
   CC.  Subpart W -- Phosphate fertilizer industry: triple superphosphate plants;
   DD.  Subpart X -- Phosphate fertilizer industry: granular triple superphosphate storage facilities;
   EE.  Subpart Y -- Coal preparation plants;
   FF.  Subpart Z -- Ferroalloy production facilities;
   GG.  Subpart AA -- Steel plants: electric arc furnaces constructed after October 21, 1974 and on or before August 17, 1983;
   HH.  Subpart AAa -- Steel plants: electric arc furnaces and argon-oxygen decarburization vessels constructed after August 7, 1983;
   II.  Subpart BB -- Kraft pulp mills;
   JJ.  Subpart CC -- Glass manufacturing plants;
   KK.  Subpart DD -- Grain elevators;
   LL.  Subpart EE -- Surface coating of metal furniture;
   MM.  Subpart GG -- Stationary gas turbines;
   NN.  Subpart HH -- Lime manufacturing plants;
   OO.  Subpart KK -- Lead-acid battery manufacturing plants;
   PP.  Subpart LL -- Metallic mineral processing plants;
   QQ.  Subpart MM -- Automobile and light-duty truck surface coating operations;
   RR.  Subpart NN -- Phosphate rock plants;
   SS.  Subpart PP -- Ammonium sulfate manufacture;
   TT.  Subpart QQ -- Graphic arts industry: publication rotogravure printing;
   UU.  Subpart RR -- pressure sensitive tape and label surface coating operations;
   VV.  Subpart SS -- Industrial surface coating: large appliances;
   WW.  Subpart TT -- Metal coil surface coating;
   XX.  Subpart UU -- Asphalt processing and asphalt roofing manufacture;
   YY.  Subpart VV -- Equipment leaks of VOC in the synthetic organic chemicals manufacturing industry;
   ZZ.  Subpart WW -- Beverage can surface coating industry;
   AAA.  Subpart XX -- Bulk gasoline terminals;
   BBB.  Subpart AAA – New Residential Wood Heaters
   CCC.  Subpart BBB -- Rubber tire manufacturing indus
   ry; DDD.  Subpart DDD -- Volatile organic compound (VOC) emissions for the polymer manufacture industry;
   EEE.  Subpart FFF -- Flexible vinyl and urethane coating and printing;
   FFF.  Subpart GGG -- equipment leaks of VOC in petroleum refineries;
   GGG.  Subpart HHH -- Synthetic fiber production facilities;
   HHH.  Subpart III -- Volatile organic compound (VOC) emissions from the synthetic organic chemical manufacturing industry (SOCMI) air oxidation unit processes;
   III.  Subpart JJJ -- Petroleum dry cleaners;
   JJJ.  Subpart KKK -- Equipment leaks of VOC from onshore natural gas processing plants;
   KKK.  Subpart LLL -- Onshore natural gas processing; SO2 emissions;
   LLL.  Subpart NNN -- Volatile organic compound (VOC) emissions from synthetic organic chemical manufacturing industry (SOCMI) distillation operations;
   MMM.  Subpart OOO -- Nonmetallic mineral processing plants (adopted by reference for major sources only);
   NNN.  Subpart PPP -- Wool fiberglass insulation manufacturing plants;
   OOO.  Subpart QQQ -- VOC emissions from petroleum refinery wastewater systems;
   PPP.  Subpart RRR -- Volatile organic compound emissions from synthetic organic chemical manufacturing industry (SOCMI) reactor processes;
   QQQ.  Subpart SSS -- Magnetic tape coating facilities;
   RRR.  Subpart TTT -- Industrial surface coating: surface coating of plastic parts for business machines;
   SSS.  Subpart UUU -- Calciners and dryers in mineral industries;
   TTT.  Subpart VVV -- Polymeric coating of supporting substrates facilities;
   UUU.  Subpart WWW -- Municipal solid waste landfills, as clarified by OAR 340-238- 0100;
   VVV.  Subpart AAAA -- Small municipal waste combustion units;
   WWW.  Subpart BBBB – Emission Guidelines and Compliance Times for Small Municipal Waste Combustion Units Constructed on or Before August 30, 1999
   XXX.  Subpart CCCC -- Commercial and industrial solid waste incineration units
   YYY.  Subpart DDDD— Emissions Guidelines and Compliance Times for Commercialand Industrial Solid Waste Incineration Units that Commenced Construction On or Before November 30, 1999
   ZZZ.  Subpart EEEE— Other Solid Waste Incineration Units for Which Construction is Commenced After December 9, 2004, or for Which Modification or Reconstruction is Commenced on or After June 16, 2006
   AAAA.  Subpart FFFF – Other Solid Waste Incineration Units That Commenced Construction On or Before December 9, 2004
   BBBB.  Subpart HHHH -- Coal-Fired Electric Steam Generating Units
   CCCC.  Subpart IIII -- Stationary Compression Ignition Internal Combustion Engines
   DDDD.  Subpart KKKK Stationary Combustion Turbines.
   EEEE.  Subpart JJJJ Stationary Spark Ignition Internal Combustion Engines.
   

Section 46-800 Compliance

Compliance with standards set forth in LRAPA Section 46-535 shall be determined by performance tests and monitoring methods as set forth in the Federal Regulation adopted by reference in Section 46-530.

Section 46-805 More Restrictive Regulations

If at any time there is a conflict between LRAPA or Department rules and the Federal Regulations (40 CFR part 60), both shall apply.

1. Applicability. The following small and large municipal solid waste landfills must comply with 40 CFR Part 60, Subpart WWW:
   1. Landfills constructed after 5/30/91;
   2. Existing landfills with modifications after 5/30/91;
   3. Landfills that closed after 11/08/87 with modifications after 5/30/91.
2. Permitting requirements. Landfills subject to 40 CFR Part 60, Subpart WWW must comply with Oregon Title V Operating Permit Requirements as specified in OAR 340 Divisions 218 and 220:
   1. Existing large landfills with modifications after 5/30/91 must submit a complete Federal Operating Permit application by 3/12/97;
   2. Existing large landfills with modifications after 3/12/97 must submit a complete Federal Operating Permit application the earliest of one year from the date EPA approves the 111(d) State Plan for this rule, or within one year of the modification;
   3. New large landfills, which includes newly constructed large landfills after 3/12/96 and existing small landfills that become large landfills after 3/12/96 must submit a complete Federal Operating Permit application within one year of becoming subject to this requirement;
   4. New and modified existing small landfills that are major sources as defined in LRAPA Title 12 must submit a complete Federal Operating Permit application within one year of becoming a major source.
3. Reporting requirements. Landfills subject to 40 CFR Part 60, Subpart WWW must comply with the following:
   1. Large landfills listed in subsection (1)(a) through (c) of this rule must:
      1. Submit an Initial Design Capacity Report and an Initial Nonmethane Organic Compound Report within 30 days of the effective date of this rule; and
      2. Submit an annual Nonmethane Organic Compound Report until nonmethane emissions are 50 mg/yr.
   2. Small landfills listed in subsection (1)(a) through (c) of this rule must submit an Initial Design Capacity Report and an Initial Nonmethane Organic Compound Report within 30 days of the effective date of this rule;
   3. Landfills subject to this rule after the effective date of this rule must submit an Initial Design Capacity Report and an Initial Nonmethane Organic Compound Report within 30 days of becoming subject to this rule.

Section 46-900 Municipal Solid Waste Landfills

1. Applicability. The following small and large municipal solid waste landfills must comply with 40 CFR Part 60, Subpart WWW:
   1. Landfills constructed after 5/30/91;
   2. Existing landfills with modifications after 5/30/91;
   3. Landfills that closed after 11/08/87 with modifications after 5/30/91.
2. Permitting requirements. Landfills subject to 40 CFR Part 60, Subpart WWW must comply with Oregon Title V Operating Permit Requirements as specified in OAR 340 Divisions 218 and 220:
   1. Existing large landfills with modifications after 5/30/91 must submit a complete Federal Operating Permit application by 3/12/97;
   2. Existing large landfills with modifications after 3/12/97 must submit a complete Federal Operating Permit application the earliest of one year from the date EPA approves the 111(d) State Plan for this rule, or within one year of the modification;
   3. New large landfills, which includes newly constructed large landfills after 3/12/96 and existing small landfills that become large landfills after 3/12/96 must submit a complete Federal Operating Permit application within one year of becoming subject to this requirement;
   4. New and modified existing small landfills that are major sources as defined in LRAPA Title 12 must submit a complete Federal Operating Permit application within one year of becoming a major source.
3. Reporting requirements. Landfills subject to 40 CFR Part 60, Subpart WWW must comply with the following:
   1. Large landfills listed in subsection (1)(a) through (c) of this rule must:
      1. Submit an Initial Design Capacity Report and an Initial Nonmethane Organic Compound Report within 30 days of the effective date of this rule; and
      2. Submit an annual Nonmethane Organic Compound Report until nonmethane emissions are 50 mg/yr.
   2. Small landfills listed in subsection (1)(a) through (c) of this rule must submit an Initial Design Capacity Report and an Initial Nonmethane Organic Compound Report within 30 days of the effective date of this rule;
   3. Landfills subject to this rule after the effective date of this rule must submit an Initial Design Capacity Report and an Initial Nonmethane Organic Compound Report within 30 days of becoming subject to this rule.