OAR 340-226-0400: Alternative Emission Controls (Bubble)

(1) DEQ may approve alternative emission controls for VOC and NOx emissions in a Standard ACDP or Oregon Title V Operating Permit for use within a single source such that a specific emission limit is exceeded, provided that: (a) Such alternatives are not specifically prohibited by a rule or permit condition. (b) Net total emissions for each regulated pollutant from all emissions units involved (i.e., “under the bubble”) are not increased above the PSEL. (c) The owner or operator of the source demonstrates the net air quality benefit under OAR 340-224-0520. (d) No other air contaminants including malodorous, toxic or hazardous pollutants are substituted. (e) BACT and LAER, where required by a previously issued permit pursuant to OAR 340 division 224 (NSR), OAR 340 division 238 (NSPS), and OAR 340 division 244 (NESHAP), where required, are not relaxed; (f) Specific emission limits are established for each emission unit involved (“under the bubble”) such that compliance with the PSEL can be readily determined; (g) The owner or operator of the source applies for a permit or permit modification and such application is approved by DEQ. (h) The emissions unit that reduces its emissions achieves the reductions by reducing its allowable emission rate, and not by reducing production, throughput, or hours of operation. (2) The permit will include a net emissions limit on total emissions from all devices or emissions units involved (“under the bubble”). (3) Alternative emission controls, in addition to those allowed in section (1), may be approved by DEQ and EPA as a source specific SIP amendment. NOTE: This rule is included in the State of Oregon Clean Air Act Implementation Plan that EQC adopted under OAR 340-200-0040.