State of Oregon

 DEPARTMENT OF ENVIRONMENTAL QUALITY

Land Use Evaluation Statement

Rulemaking Proposal

 for

 Adoption of Federal Air Quality Regulations

1.  Explain the purpose of the proposed rules.

The Environmental Protection Agency (EPA) has adopted several new National Emission Standards for Hazardous Air Pollutants (NESHAP) applicable to non-major or area sources, New Source Performance Standards (NSPS), and changes to the Emission Guidelines, NSPS, and NESHAP standards.

Adopting these changes will make Oregon’s rules consistent with EPA’s so that the Department can implement and RETAIN its delegation of these regulations, which benefits industrial sources. These benefits include quicker approval of applicability determination requests and alternative testing, monitoring, recordkeeping, and reporting requests. In addition, adopting these standards benefits the public by allowing the Department to ensure that the required emission reductions are achieved in Oregon.

This rulemaking also proposes to go beyond the federal regulations applicable to gasoline dispensing facilities and large municipal waste combustors. The purpose of going beyond the federal regulations is to further reduce the exposure of Oregonians to hazardous air pollutants.

2.  Do the proposed rules affect existing rules, programs or activities that are considered land use programs in the DEQ State Agency Coordination (SAC) Program?

 Yes X    No  

 a.  If yes, identify existing program/rule/activity:

The Department’s issuance of air permits is an action determined to have effects on land use. The Department will implement the proposed standards for major source categories through the Department’s Title V Operating Permit Program and the standards for non-major source categories through the Department’s Air Contaminant Discharge Permit (ACDP) Program.

 b.  If yes, do the existing statewide goal compliance and local plan compatibility procedures adequately cover the proposed rules?

 Yes X    No   (if no, explain):

The Department will implement these rules through the ACDP and Title V permitting programs. Currently, cities and counties must provide a Land Use Compatibility Statement approval before the Department issues these permits or approves a Notice of Construction.

 c.  If no, apply the following criteria to the proposed rules.

     Not applicable.

   In the space below, state if the proposed rules are considered programs affecting land use. State the criteria and reasons for the determination.

     Not applicable.

3.  If the proposed rules have been determined a land use program under 2. above, but are not subject to existing land use compliance and compatibility procedures, explain the new procedures the Department will use to ensure compliance and compatibility.

     Not applicable.

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[Info1]
Lisa L. Jones
This format presents questions to be answered regarding land use.

Instructions for this form are available by selecting "Instructions" from the EQC Formats menu. Also, it would be a good idea to refer to OAR 340, Division 18 and the DEQ "State Agency Coordination Program" Document prior to completing this form.

Use the <Alt><Z> macro to search to the location for entry of the title of the item. Beyond that point, use the arrow keys to move to the questions and enter reponses as appropriate.

(updated 5/23/94)

1900-00-00T00:00:00
[Info2]
Lisa L. Jones
Enter the title of the rulemaking proposal.

1900-00-00T00:00:00
[Info3]
Lisa L. Jones
Staff should refer to Section III, subsection 2 of the SAC document in completing the evaluation form. Statewide Goal 6 - Air, Water and Land Resources is the primary goal that relates to DEQ authorities. However, other goals may apply such as Goal 5 - Open Spaces, Scenic and Historic Areas, and Natural Resources; Goal 11 - Public Facilities and Services; Goal 16 - Estuarine Resources; and Goal 19 - Ocean Resources. DEQ programs or rules that relate to statewide land use goals are considered land use programs if they are:

     1.  Specifically referenced in the statewide planning goals; or

     2.  Reasonably expected to have significant effects on

       a.  resources, objectives or areas identified in the statewide planning goals, or

       b.  present or future land uses identified in acknowledged comprehensive plans.

     In applying criterion 2. above, two guidelines should be applied to assess land use significance:

      -  The land use responsibilities of a program/rule/action that involves more than one agency, are considered the responsibilities of the agency with primary authority.

      -  A determination of land use significance must consider the Department's mandate to protect public health and safety and the environment.