OAR 340-222-0020: Applicability and Jurisdiction

(1) Plant Site Emission Limits (PSELs) will be included in all Air Contaminant Discharge Permits (ACDP) and Oregon Title V Operating Permits, except as provided in section (3), as a means of managing airshed capacity by regulating increases and decreases in air emissions. Except as provided in OAR 340-222-0035(5) and 340-222-0060, all ACDP and Oregon Title V Operating Permit sources are subject to PSELs for all regulated pollutants listed in the definition of SER in 340-200-0020. DEQ will incorporate PSELs into permits when issuing a new permit or renewing or modifying an existing permit. (2) The emissions limits established by PSELs provide the basis for: (a) Assuring reasonable further progress toward attaining compliance with ambient air quality standards; (b) Assuring compliance with ambient air quality standards and PSD increments; (c) Administering offset and banking programs; and (d) Establishing the baseline for tracking the consumption of PSD increments. (3) PSELs are not required for: (a) Regulated pollutants that will be emitted at less than the de minimis emission level listed in OAR 340-200-0020 from the entire source; (b) Short Term Activity and Basic ACDPs; (c) Hazardous air pollutants as listed in OAR 340-244-0040 Table 1; high-risk pollutants listed in 40 CFR 63.74; accidental release substances listed in 40 CFR 68.130; toxic air contaminants listed in OAR chapter 340, division 246; or toxic air contaminants listed in OAR chapter 340, division 247; except that PSELs are required for pollutants identified in this subsection that are also listed in the definition of SER, 340-200-0020; or (d) General ACDPs or General Oregon Title V Operating Permits where federally enforceable limits on potential to emit, such as a physical or operational limit, are used rather than a PSEL. (4) Subject to the requirements in this division and OAR 340-200-0010(3), LRAPA is designated by the EQC to implement the rules in this division within its area of jurisdiction. [NOTE: This rule is included in the State of Oregon Clean Air Act Implementation Plan that EQC adopted under OAR 340-200-0040.] [ED. NOTE: Tables referenced are available from the agency.]