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DEPARTMENT OF ENVIRONMENTAL QUALITY

Chapter 340

Proposed Rulemaking

Additional Information on Proposed Rule Changes

Rule Caption

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Adoption of Federal Air Quality Regulations

The Oregon Department of Environmental Quality (DEQ) is proposing that the Environmental Quality Commission (EQC) adopt standards that implement and in some cases go beyond new and amended federal air quality regulations.

Gasoline Dispensing Facilities

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 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 exposure in Oregon, this rulemaking proposes to go beyond the Gasoline Dispensing NESHAP by phasing-in emission controls at smaller facilities. This would be accomplished by reducing the federal volume trigger for stage I vapor controls from 100,000 gallons per month to 10,000 gallons per month, requiring that new tanks be equipped with stage I vapor controls, and requiring that any station with stage I vapor controls use those vapor controls. Stage I vapor controls capture gasoline vapors that are normally emitted during the filling of gasoline storage tanks.

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 voluntarily by some facilities but not all. Controlling gasoline vapors reduces benzene exposures at and near gasoline dispensing facilities and also contributes to continuing compliance with stricter ozone standards.

This rulemaking would reduce benzene emissions in Oregon by an estimated 17 tons per year and VOC emissions by an estimated 989 tons per year. It would also save an estimated 320,000 gallons of gasoline per year statewide.

Municipal Waste Combustors

On May 10, 2006, EPA adopted amendments to the Emission Guidelines for Municipal Waste Combustors. The 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. Covanta is outperforming the newly tightened Emission Guidelines by a wide margin for dioxins/furans, cadmium, and lead. This rulemaking proposes to adopt standards that go beyond the federal Emission Guidelines for these pollutants.

General Permits

Sources affected by NESHAPs applicable to non-major sources are required to have a Simple ACDP unless a General ACDP has been issued for the source category. A Simple ACDP currently costs between $1,920 and $3,840 per year. A General ACDP currently costs between $720 and $1,872 per year. To minimize the fiscal impact on affected sources, many of which are small businesses, this rulemaking proposes the adoption of several new General ACDPs. To further minimize the fiscal impacts on affected sources, this rulemaking proposes to add 2 new lower cost General ACDP categories for sources with limited requirements and where existing Department resources can be leveraged to reduce the cost needed to implement the new standards. The proposed cost of these new General ACDPs is $120 and $360 per year.

Utility Mercury Rule

On December 15, 2006, the 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.

On February 8, 2008, the D.C. Circuit Court vacated CAMR. In response, this rulemaking proposes to remove the trading portions of the UMR but to retain the 90% control requirement and the State cap on mercury emissions. Retaining the State cap on mercury emissions will limit the number of coal-fired power plants that could be operated in Oregon.

2008-05-23T11:18:00
[SJ1]
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