State of Oregon
DEPARTMENT OF ENVIRONMENTAL QUALITY
Relationship to Federal Requirements
Adoption of Federal Air Quality Regulations
Answers to the following questions identify how the proposed rulemaking relates to federal requirements and potential justification for differing from, or adding to, federal requirements. This statement is required by OAR 340-011-0029(1).
1. Is the proposed rulemaking different from, or in addition to, applicable federal requirements? If so, what are the differences or additions?
Yes. This rulemaking involves the adoption of federal air quality regulations. For the most part, this rulemaking proposes to adopt these regulations by reference. However, this rulemaking also proposes to go beyond federal regulations for gasoline dispensing facilities, large municipal waste combustors, and coal-fired power plants, as follows:
• In December 2007, EPA promulgated regulations for gasoline dispensing facilities (GDF). These regulations, called the Gasoline Dispensing National Emission Standards for Hazardous Air Pollutants (NESHAP), only require emission controls at the largest facilities. To further reduce benzene exposures in Oregon, this rulemaking proposes to go beyond the Gasoline Dispensing NESHAP by requiring emission controls at moderate and high volume facilities. This would be accomplished by reducing the federal volume trigger for stage I vapor controls from 100,000 gallons per month to 20,000 gallons per month phased-in over a six year period. Stage I vapor controls capture gasoline vapors that are normally emitted during the filling of gasoline storage tanks.
• EPA adopted amendments to the Emission Guidelines for Municipal Waste Combustors. Municipal waste combustors generate energy by incinerating garbage. The proposed amendments tighten the emissions standards contained in the Emission Guidelines. Oregon has one municipal waste combustor, owned and operated by Covanta, and located in Brooks. Historically Covanta has been able to keep their emissions below the proposed new levels for dioxin/furan, cadmium, and lead.
• On December 15, 2006, the Environmental Quality Commission (EQC) adopted the Utility Mercury Rule (UMR). UMR implements the federal Clean Air Mercury Rule (CAMR), a mercury cap-and-trade program, applicable to coal-fired power plants. UMR goes beyond CAMR by requiring coal-fired power plants to control mercury emissions by 90% by 2012; ending the trading of mercury credits starting in 2018, and capping statewide mercury emissions from coal-fired power plants also starting in 2018. However, on February 8, 2008, the D.C. Circuit Court vacated CAMR. In response, this rulemaking proposes to remove the trading portions of the UMR. This is not different from or in addition to federal requirements, because the federal court vacated those federal requirements.
This rulemaking also proposes to add the following vacated federal requirements as state requirements:
• Monitoring provisions;
• Definitions related to monitoring provisions;
• Special provisions for measuring mercury mass emissions using the sorbent trap monitoring methodology;
• Procedures for mercury mass emissions;
• Quality assurance and quality control requirements;
• Specifications and test procedures for total vapor phase mercury CEMS;
• Quality assurance and operating procedures for sorbent trap monitoring systems,
• Standard missing data procedure for mercury CEMS; and
• Missing data procedures for sorbent trap monitoring systems.
These requirements are not different from the federal CAMR requirements before CAMR was vacated. But because the court vacated CAMR, the requirements are now in addition to federal requirements. Also, although the proposed rulemaking reorganizes other previously existing rules, the reorganization does not otherwise affect or change the substance of the previously adopted rules.
2. If the proposal differs from, or is in addition to, applicable federal requirements, explain the reasons for the difference or addition (including as appropriate, the public health, environmental, scientific, economic, technological, administrative or other reasons).
Gasoline Dispensing Facilities
The proposed rule requires additional emission reductions to protect public health and worker health, help prevent future violations of ambient air quality standards, and take advantage of existing emission control equipment.
Benzene, which naturally occurs in crude oil and is increased through refining to boost gasoline's octane rating, is a known carcinogen. Because benzene concentrations in many Oregon communities are many times above levels protective of human health, reducing benzene is a priority for DEQ. While several federal regulations and state initiatives promise to reduce benzene in our air over the next twenty years, DEQ is pursuing faster reductions.
In December 2007, EPA promulgated regulations for gasoline dispensing facilities. These regulations, called the Gasoline Dispensing NESHAP, only require emission controls at the largest facilities. To further reduce benzene exposures in Oregon, this rulemaking proposes to go beyond the Gasoline Dispensing NESHAP by requiring emission controls at moderate and high volume facilities.
Stage I vapor controls are currently required in Portland, Medford and Salem to control ozone. Outside of these areas stage I vapor controls are employed by some but not all gasoline dispensing facilities. Controlling gasoline vapors reduces benzene exposures at and near gasoline dispensing facilities, contributes to continuing compliance with stricter ozone standards, and also conserves gasoline.
The federal NESHAP will reduce benzene emissions caused by the filling of gasoline storage and dispensing tanks in Oregon by an estimated 12 tons per year (32%) and VOC emissions by an estimated 680 tons per year (32%), as well as save an estimated 221,000 gallons of gasoline per year (0.016%) statewide. By going beyond the NESHAP, this rulemaking would additionally reduce stage I benzene emissions in Oregon by an estimated 16 tons per year (44%) and VOC emissions by an estimated 930 tons per year (44%), and save an estimated 303,000 gallons of gasoline per year (0.021%) statewide. Combined, the federal NESHAP and the proposed statewide stage I vapor control requirement would reduce stage I benzene emissions in Oregon by an estimated 28 tons per year (76%) and VOC emissions by an estimated 1,610 tons per year (76%), and save an estimated 524,000 gallons of gasoline per year (0.037%) statewide.
Municipal Waste Combustors
The proposed rule requires lower emission levels to ensure Covanta’s permit limits are consistent with the facility’s actual performance.
On May 10, 2006, EPA adopted amendments to the Emission Guidelines for Municipal Waste Combustors. The proposed amendments tightened the emissions standards contained in the Emission Guidelines to reflect the actual performance levels being achieved by existing municipal waste combustors. Oregon has one municipal waste combustor, owned and operated by Covanta, and located in Brooks. This rulemaking proposes to adopt standards that go beyond the federal Emission Guidelines for these pollutants. DEQ does not anticipate that Covanta will need to install new controls to meet the proposed new limits.
Utility Mercury Rule
The proposed rule changes remove provisions vacated by a federal court ruling. The proposal retains existing provisions that exceed federal requirements to protect public health from exposure to mercury.
Several water bodies in Oregon currently have fish consumption advisories issued by Oregon Department of Health Services (DHS) warning anglers to limit their intake of native fish species because of increased mercury concentrations in fish tissue. To ensure that mercury reductions are made in Oregon and to minimize the impacts of individual coal-fired power plants, this rulemaking proposes to remove the federal trading program provisions, that were recently vacated by the courts, but to maintain the mandatory control requirement and cap on mercury emissions from coal-fired power plants.
3. If the proposal differs from, or is in addition to, applicable federal requirements, did the Department consider alternatives to the difference or addition? If so, describe the alternatives and the reason(s) they were not pursued.
Yes. For gasoline dispensing facilities, the Department considered requiring stage I vapor controls for all facilities statewide within three years. However, this alternative would have an adverse impact on smaller facility owners, which are mostly small businesses. The Department also considered requiring stage I vapor controls starting with facilities with throughput of greater than 10,000 gallons of gasoline per month phased-in over a three year period. The Department convened a Fiscal Advisory Committee to review the draft proposed rules. Some members of the Fiscal Impact Advisory Committee believe that setting the stage I vapor control threshold at 10,000 gallons would impose a significant adverse impact on small businesses. Based on recommendations from the Committee, the Department proposes to require stage I vapor controls starting with facilities with throughput of greater than 20,000 gallons of gasoline per month phased-in over a six year period. Refer to the Statement of Need and Fiscal and Economic Impact for more information on the Fiscal Advisory Committee.
The Covanta facility is already well controlled, exceeding the performance levels required by the newly tightened federal emission guidelines for several pollutants. The Department considered whether to adopt the newly tightened federal emission guidelines for municipal waste combustors or go beyond them. To limit backsliding and protect public health, the Department proposes to adopt limits for dioxins/furans, cadmium, and lead that are half the newly tightened federal emission guidelines. DEQ does not anticipate that Covanta will need to install new controls to meet the proposed new limits.