OAR 340-212-0130: Sampling, Testing and Measurement: Stack Heights and Dispersion Techniques

(1) 40 CFR parts 51.100(ff) through 51.100(kk), and 51.118, 51.160 through 51.166, concerning stack heights and dispersion techniques, are adopted and incorporated herein. The federal rule generally prohibits the use of excessive stack height and certain dispersion techniques when calculating compliance with ambient air quality standards. The rule forbids neither the construction and actual use of excessively tall stacks, nor the use of dispersion techniques. It only forbids their use in noted calculations. The rule generally applies as follows. Stacks 65 meters high or greater that were constructed after December 31, 1970, and major modifications made after December 31, 1970 to existing plants with stacks 65 meters high or greater which were constructed before that date are subject to this rule. Certain stacks at federally owned, coal-fired steam electric generating units constructed under a contract awarded before February 8, 1974 are exempt. Any dispersion technique implemented after December 31, 1970 at any plant is subject to this rule. 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 may be used when calculating compliance with ambient air quality standards for sulfur dioxide. (2) Where found in the federal rule, the following terms apply: (a) "Reviewing agency" means DEQ, LRAPA, or the EPA, as applicable; (b) "Authority administering the State Implementation Plan" means DEQ, LRAPA, or EPA; (c) The "procedures" referred to in 40 CFR 51.164 are the DEQ Major NSR procedures (OAR 340-224-0010 through 340-224-0070 and OAR 340-224-0500 through 340-224-0540 or Title 38 of LRAPA rules), and the review procedures for new, or modifications to, minor sources, at the DEQ review procedures for new or modified minor sources (OAR 340-210-0205 to 340-210-0250, OAR 340 division 216, OAR 340-224-0010 through 340-224-0038, OAR 340-224-0200 through 340-224-0270 and OAR 340-224-0500 through 340-224-0540, or LRAPA Title 34). (d) "The state" or "state, or local control agency" as referred to in 40 CFR 51.118, means DEQ or LRAPA; (e) "Applicable state implementation plan" and "plan" refer to the DEQ or LRAPA programs and rules, as approved by the EPA, or any regulations promulgated by EPA (see 40 CFR part 52, subpart MM). NOTE: This rule is included in the State of Oregon Clean Air Act Implementation Plan that EQC adopted under OAR 340-200-0040.