Background

The Clean Air Act (CAA) requires the Environmental Protection Agency (EPA) to identify at least 30 hazardous air pollutants (HAP) which, as the result of emissions from non-major sources (Area Sources), pose the greatest threat to public health in urban areas. EPA identified these HAPs in 1999 and they can be found on EPA’s website (http://www.epa.gov/ttn/atw/area/list33.html). The CAA further requires EPA to regulate sufficient categories of Area Sources to ensure that 90% of the emissions of these 30 or more HAPs are subject to National Emission Standards for Hazardous Air Pollutants (NESHAP).

 

The CAA also requires EPA to establish New Source Performance Standards (NSPS) and Emission Guidelines for categories of sources which cause, or contribute significantly to, air pollution which may reasonably be anticipated to endanger public health or welfare.

 

Over the last few years EPA has adopted numerous Area Source NESHAP, NSPS, and Emission Guidelines.

 

What is the objective of this rulemaking?

The objective of this rulemaking is to ensure that air pollution reduction measures required under new and amended federal air quality regulations take place in Oregon; and in some cases require additional reduction measures to further protect public health. The objective of this rulemaking will be accomplished when the reduction measures required by the amended federal regulations are in place and are being complied with; Oregon’s gasoline dispensing facilities are complying with adopted stage 1 vapor control regulations and municipal waste combustor facilities are in compliance with the adopted emission standards.

 

What does this rulemaking propose?

If adopted, this proposal would:

 

•  Adopt by reference 17 federal Area Source NESHAP including: gasoline terminals, bulk plants, pipeline facilities, and dispensing facilities; hospital sterilizers; glass, clay ceramics, and lead battery manufacturing; metal processing and production; wood preserving; and flexible polyurethane foam fabrication and production.

•  Adopt NESHAP requirements applicable to gasoline dispensing facilities and add additional provisions for the state of Oregon. Require facilities with stage I vapor control capable tanks to use those vapor controls; all new tanks to be equipped with stage I vapor controls, and for high volume facilities to add stage I vapor controls.

•  Merge separate rules covering gasoline dispensing facilities (submerged fill and stage I vapor control requirements) into one set of rules.

•  Defer the requirement that gasoline dispensing facilities get an air quality permit until January 2010.

•  Adopt five New Source Performance Standards (NSPS) applicable to: synthetic organic chemical manufacturing, petroleum refineries, stationary internal combustion engines, and stationary combustion turbines.

•  Adopt Emission Guidelines for Municipal Waste Combustors (MWC) more stringent than federal requirements.

•  Adopt General Air Contaminant Discharge Permits (ACDP) for sources affected by the new federal NESHAPs applicable to non-major sources.

•  Adopt 2 new lower cost General ACDP categories.

•  Modify Oregon’s Utility Mercury Rule (UMR), by removing mercury credit trading provisions but retaining existing mercury control requirements and caps on mercury emissions from coal-fired power plants.

•  Update previously adopted NESHAP and NSPS rules to keep them consistent with the federal amendments.

•  Remove the Boiler and Process Heater NESHAP recently vacated by the courts.

•  Remove the Early Reduction provisions from Oregon’s federal Hazardous Air Pollutant Program and replace them with equivalent federal regulations adopted by reference.

 

The NSPS and NESHAP changes will be submitted to EPA for delegation approval. An amended State plan will be submitted for the MWC Emission Guidelines.

 

ORS 468.020, 468A.025, and 468A310 authorize the EQC to adopt the proposed rules.

 

Why are rule changes needed?

This rulemaking would ensure the maintenance of Oregon’s NESHAP and NSPS program delegations, and emission guideline plan approvals.

 

Adopting the new and amended NSPS and NESHAP standards will make Oregon’s rules consistent with EPA’s so that the Department can implement and keep its delegation of these regulations, which benefits industrial sources and the public. Benefits to sources include quicker approval of applicability determination requests and alternative testing, monitoring, recordkeeping and reporting requests. Benefits to the public include allowing the Department to ensure that the required emission reductions are achieved in Oregon.

 

Who may be affected?

Area Source NESHAPs

The following categories of sources will be affected by the new Area Source NESHAPs: Hospital Sterilizers, Steelmaking Facilities, Iron and Steel Foundries, Gasoline Bulk Plants, Terminals, Pipeline Facilities, and Dispensing Stations, Polyvinyl Chloride Production, Copper Smelting, Nonferrous Metal Production, Acrylic Fiber Production, Carbon Black Production, Chromium Compounds Manufacturing, Flexible Polyurethane Foam Production, Lead Acid Battery Manufacturing, Wood Preserving, Clay Ceramics Manufacturing, and Glass Manufacturing.

 

NSPSs

The NSPSs are applicable to new sources, or processes, in the following source categories: Chemical Manufacturing, Petroleum Refining, Stationary Combustion Engines, and Stationary Combustion Turbines.

 

MWC Emission Guidelines

Oregon currently has one large municipal waste combustor located in Brooks.

 

Utility Mercury Rule

Oregon currently has one coal-fired power plant located in Boardman.

 

NESHAP/NSPS Amendments

31 NESHAPs and 7 NSPSs have been amended since July 1, 2006. Approximately 51 sources are affected by these amendments.

 

Boiler and Process Heater NESHAP

As many as 30 sources were affected by the vacated Boiler and Process Heater NESHAP.

 

How was this proposal developed?

The Department relied primarily on the Federal Register, the Code of Federal Regulations, and the Oregon Revised Statues in developing this rulemaking proposal.

 

Copies of the documents relied upon in the development of this rulemaking proposal can be reviewed at the Department of Environmental Quality’s office at 811 S.W. 6th Avenue, Portland, Oregon. Please contact Jerry Ebersole for times when the documents are available for review.

 

 

 

Additional materials available

•  Proposed Rule changes

•  Statement of Need and Fiscal Impact

•  Land Use Evaluation Statement

•  Relationship to Federal Requirements

 

These documents provide additional information related to this proposed rulemaking and can be viewed at “Proposed Rule Revisions” www.deq.state.or.us/regulations/rulesandlaws.htm

 

How to Comment

Comments on the proposed rulemaking may be submitted in writing via mail, fax or e-mail at anytime prior to the comment deadline of August 26, 2008. Written and oral comments may be submitted during the public hearings specified below. It is not necessary to attend a hearing in order to comment. Written comments received prior to the deadline are treated equally with oral comments.

 

Written comments may be mailed to Jerry Ebersole, Oregon DEQ, Air Quality Division, 811 SW Sixth Avenue, Portland, Oregon 97204, (503) 229-6974, or toll-free in Oregon at 1-800-452-4011.

 

Comments may be faxed to Jerry Ebersole at (503) 229-5675, or emailed to: EBERSOLE.Gerald@deq.state.or.us.

(E-mail comments will be acknowledged immediately. If there is a delay between servers, e-mails may not be received before the deadline.)

 

Public hearings

Public hearings will be held in Bend, Medford, Eugene, and Portland in August. The hearing will begin with a brief overview of the proposed rule changes, followed by the opportunity for members of the public to provide oral and written comment. All comments will be recorded and reviewed by DEQ.

 

August 18, 2008

Bend, (address) OR

6:00 p.m.

 

August 19, 2008

Medford, OR

6:00 p.m.

 

August 20, 2008

Eugene, OR

6:00 p.m.

 

August 21, 2008

DEQ Headquarters Room EQC-A

811 SW 6th Avenue

Portland, OR

6:00 p.m.

 

Comment deadline is August 26, 2008

All comments are due to DEQ by 5 p.m., August 26, 2008. DEQ cannot consider comments from any party received after the deadline for public comment.

 

How will rules be adopted?

DEQ will prepare a response to all comments received during the public hearing and comment period and may modify the proposed rules. DEQ plans to recommend that the Oregon Environmental Quality Commission (EQC) adopt the rules at the December 11-12, 2008 EQC meeting. DEQ will notify persons of the time and place for final EQC action if they submit comments during the hearing or comment period or request to be placed on DEQ’s mailing list for this rulemaking.

 

Alternative formats/accommodations

Please notify DEQ of any special physical or language accommodations needed for the hearings as far in advance as possible. Alternative formats of this document can be made available by contacting DEQ’s Office of Communications & Outreach, Portland, at (503) 229-5317

2008-05-21T16:10:00
[SJ1]
STOCUM Jeffrey
might it be benefical to give the court that actually vacated or held up the vacating (9th circuit or whatever?)

2008-05-21T16:14:00
[SJ2]
STOCUM Jeffrey
This sentance makes it seem like there is no thought by the EQC. Is that so or is it "with careful consideration the EQC can adopt...?"

2008-05-21T16:50:00
[SJ3]
STOCUM Jeffrey
so does this mean they are at +20 in a million risk? If so I see only 1 county with Benzene risk that high. Please confirm