OAR 340-245-0220: TBACT and TLAER Procedures

(1) If required to meet TBACT or TLAER on any significant TEU, the owner or operator of a source must perform a TBACT or TLAER analysis. (a) The owner or operator of an existing source must conduct a case-by-case TBACT analysis under section (3), except as provided in section (2); (b) The owner or operator of a new or reconstructed source must conduct a case-by-case TLAER analysis under section (4); (c) The owner or operator must submit the TBACT or TLAER analysis to DEQ for approval, and the owner or operator must pay the case-by-case TBACT or TLAER fee, as applicable, specified in OAR 340-216-8030 Table 3 and OAR 340-245-0400; (d) A TEU is determined to meet TBACT if DEQ approves the TBACT analysis for the TEU and the owner or operator has implemented all operational or source modifications required to meet TBACT, or will implement them on an enforceable compliance schedule included in its Toxic Air Contaminant Permit Addendum or operating permit; and (e) A TEU is determined to meet TLAER if DEQ approves the TLAER analysis for the TEU and the owner or operator has implemented all operational or source modifications required to meet TLAER upon beginning operation of the new or reconstructed source. (2) Presumptive TBACT. For an existing TEU, compliance with emission control requirements, work practices or limitations established by a major source NESHAP adopted by the EPA after 1993 and before April 10, 2018 is deemed to be TBACT, provided that: (a) The emission control requirements, work practices or limitations result in an actual reduction to the emissions of the hazardous air pollutants regulated under the NESHAP; and (b) There are no other toxic air contaminants emitted by the source that: (A) Are not controlled by the emission control requirements, work practices or limitations established by a major source NESHAP; and (B) Materially contribute to public health risks; (c) TEUs that are subject to and comply with OAR 340-244-9000 through 340-244-9090, Colored Art Glass Manufacturing rules, or OAR 340-245-9000 through 340-245-9080, Colored Art Glass Manufacturing rules, meet TBACT and a case-by-case determination is not required for such TEUs. (3) Case-by-Case TBACT determination. The owner or operator of the TEU must submit a proposed case-by-case TBACT analysis to DEQ for review and approval. (a) TBACT must be a toxic air contaminant emissions limitation or emissions control measure based on the maximum degree of reduction of toxic air contaminants that is feasible considering: (A) What has been achieved in practice for: (i) Sources in the same class as the source to which the toxic air contaminant emissions limitation or control measure will apply, as classified under ORS 468A.050; or (ii) Processes or emissions similar to the processes or emissions of the source; (B) Energy, health, and environmental impacts not related to air quality; and (C) Economic impacts and cost-effectiveness, including the costs of changing existing processes or equipment or adding equipment or controls to existing processes and equipment; (b) TBACT may be based on a design standard, equipment standard, work practice standard or other operational standard, or a combination thereof; and (c) In assessing the cost-effectiveness of any measure for purposes of determining TBACT for a source, DEQ will assess only the economic impacts and benefits associated with controlling toxic air contaminants. (4) Case-by-Case TLAER determination. The owner or operator of the TEU must submit a proposed case- by-case TLAER analysis to DEQ for review and approval. (a) DEQ will review a case-by-case TLAER analysis and ensure that it is a toxic air contaminant emissions limitation or emissions control measure that is the maximum degree of reduction technically feasible without regard to energy impacts, health and environmental impacts, or economic impacts; and (b) TLAER is not considered achievable if the cost of control is so great that a new source could not be built or operated because it was rendered economically infeasible. If some other facility in the same or a comparable industry uses that control technology, then such use constitutes evidence that the cost to the industry of that control is not prohibitive. (5) Periodic TBACT or TLAER Reviews. If the owner or operator is required to meet TBACT or TLAER, the owner or operator must perform and submit periodic TBACT or TLAER reviews in a TBACT or TLAER update report as follows: (a) For all significant TEUs for which the most recent TBACT or TLAER determination concluded that no toxic air contaminant emission limits or additional control measure was required, submit a TBACT or TLAER review to DEQ with each permit renewal; (b) For all significant TEUs that currently meet TBACT or TLAER through toxic air contaminant emission limits or control measures, submit a TBACT or TLAER review when notified by DEQ. If DEQ learns of new technologies, devices or practices that could reduce toxic air contaminant emissions or improve on control measures, DEQ will notify the owner or operator in writing that a TBACT or TLAER review is required and may specify a submittal deadline in the notification; (c) The TBACT or TLAER update reports must include the following: (A) A review identifying all new or improved emissions control measures, if any, that can apply to any of the significant TEUs at the source, whether they are currently controlled or not; and (B) For each new or improved emissions control measure identified, a statement whether or not the owner or operator intends to apply the control measure; (i) If the owner or operator intends to apply the control measure, then the owner or operator must provide an estimated date by which the control measure will be applied; or (ii) If the owner or operator does not intend to apply the control method, then the owner or operator must provide justification for not applying it, including at a minimum, a review following the procedures of OAR 340-245-0220(3) or (4); (d) When a new or improved emissions control measure is identified under subsection (c), DEQ must review the control measure and any justification provided by the owner or operator for not applying the control measure, and will make a preliminary determination with regard to whether or not the owner or operator must apply the control measure (A) If DEQ’s preliminary determination is that the owner or operator must apply the control measure, DEQ shall provide the owner or operator with notice and opportunity to provide input on a final determination. In making the final determination, DEQ shall take into consideration the following: (i) The remaining service life of any existing emission control system that would be replaced; (ii) The relative effectiveness of the new or improved control measure to reduce the source risk as compared to the risk using the existing control measure; (iii) The cost of installation and operation of the new or improved control measure, including the cost of removing any existing control measure; and (iv) Any other factors that DEQ finds are relevant; (B) If DEQ’s final determination is that the owner or operator must apply the control measure, then DEQ may: (i) After consultation with the owner or operator, determine the date by which the owner or operator must apply the control measure; and (ii) Determine a new Source Risk Limit based on information on the amount of toxic air contaminants removed by the control measure and issue a modified Toxic Air Contaminant Permit Addendum or operating permit.