OAR 340-222-0055
Unassigned Emissions

(1)

Purpose. The purpose of unassigned emissions is to track and manage the difference in the quantity of emissions between the netting basis and what the source could emit based on the facility’s current physical and operational design.

(2)

Establishing unassigned emissions.

(a)

Unassigned emissions equal the netting basis minus the source’s current PTE, minus any banked emission reduction credits. Unassigned emissions are zero if this result is negative.

(b)

Unused capacity created after the effective date of this rule due to reduced potential to emit that is not banked or expired emission reduction credits (OAR 340-268-0030 (Emission Reduction Credits)), increase unassigned emissions on a ton for ton basis.

(3)

Maximum unassigned emissions.

(a)

Except as provided in paragraph (c), unassigned emissions will be reduced to not more than the SER (OAR 340-200-0020 (General Air Quality Definitions)) on July 1, 2007 and at each permit renewal following that date.

(b)

The netting basis is reduced by the amount that unassigned emissions are reduced.

(c)

In an AQMA where the EPA requires an attainment demonstration based on dispersion modeling, unassigned emissions are not subject to reduction under this rule.

(4)

Using unassigned emissions.

(a)

An existing source may use unassigned emissions for internal netting to allow an emission increase in accordance with the permit.

(b)

A source may not bank unassigned emissions or transfer them to another source.

(c)

A source may not use emissions that are removed from the netting basis, including emission reductions required by rule, order or permit condition under OAR 340-222-0046 (Netting Basis)(3)(a)(C), for netting in any future permit actions.

(5)

Upon renewal, modification or other reopening of a permit after July 1, 2002 the unassigned emissions will be established with an expiration date of July 1, 2007 for all unassigned emissions in excess of the SER. Each time the permit is renewed after July 1, 2007 the unassigned emissions will be established again and reduced upon the following permit renewal to no more than the SER for each regulated pollutant.
NOTE: This rule is included in the State of Oregon Clean Air Act Implementation Plan that EQC adopted under OAR 340-200-0040 (State of Oregon Clean Air Act Implementation Plan).

Source: Rule 340-222-0055 — Unassigned Emissions, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=340-222-0055.

Last Updated

Jun. 8, 2021

Rule 340-222-0055’s source at or​.us