Federally Enforceable Permit Limits
(1)A BART-eligible source that would be subject to BART may accept a federally enforceable permit limit or limits that reduces the source’s emissions and prevents the source from being subject to BART.
(2)Any BART-eligible source that accepts a federally enforceable permit limit or limits as described in section (1) to prevent the source from being subject to BART, and that subsequently proposes to terminate its federally enforceable permit limit or limits, and that as a result will increase its emissions and become subject to BART, must submit a BART analysis to the Department and install BART as determined by the Department prior to terminating the federally enforceable permit limit or limits.
(3)The Foster-Wheeler boiler at The Amalgamated Sugar Company plant in Nyssa, Oregon (Title V permit number 23-0002) is a BART-eligible source, and air quality dispersion modeling demonstrates that it would be subject to BART while operating. However, it is not operating as of December 9, 2010, and therefore is not subject to BART. Prior to resuming operation, the owner or operator of the source must either:
(a)Submit a BART analysis and install BART as determined by the Department by no later than five years from the date that the United States Environmental Protection Agency approves a revision to the State of Oregon Clean Air Act Implementation Plan that incorporates OAR chapter 340, division 223, or before resuming operation, whichever is later; or
(b)Obtain and comply with a federally enforceable permit limit or limits assuring that the source’s emissions will not cause the source to be subject to BART.
Rule 340-223-0040 — Federally Enforceable Permit Limits,