State of Oregon
DEPARTMENT OF ENVIRONMENTAL QUALITY
Land Use Evaluation Statement
Rulemaking Proposal
For
New Source Review, Particulate Matter and Greenhouse Gas Permitting Requirements and Other Permitting Rule Updates
The Oregon Department of Environmental Quality (DEQ) is proposing rules that would update New Source Review/Prevention of Significant Deterioration (NSR/PSD) for fine particles and greenhouse gases, update standards for particulate matter, and make other permitting rule updates.
1. Explain the purpose of the proposed rules.
PM2.5 New Source Review/Prevention of Significant Deterioration: This proposed rulemaking would adopt NSR/PSD rules for fine particles (PM2.5 or particulate matter less than 2.5 microns in diameter) adopted by a temporary rule on August 19, 2010. The unexpired temporary rule will be replaced upon adoption of the final rule. The proposed rule amendments align Oregon’s rules with federal requirements to allow DEQ to continue to implement the NSR/PSD program in Oregon.
Greenhouse Gas (GHG) Prevention of Significant Deterioration: DEQ is proposing rules that would update the PSD program to include greenhouse gases in response to regulations promulgated by EPA. Additional proposed changes clarify existing requirements in Oregon’s NSR/PSD rules. Adoption of the rules will allow DEQ to continue implementing the federally approved Prevention of Significant Deterioration program in Oregon.
Small Scale Renewable Energy Sources: EPA requires states to have minor source construction approval programs, but gives states flexibility in how to do this. Oregon’s minor source construction approval program basically applies major source NSR/PSD requirements to any source with emissions over the significant emission rate (including some areas where the Oregon SER is lower than the federal SER). HB 2952 revised how the minor source construction approval program works for small scale local energy projects.
Permitting Rule Updates: DEQ is proposing to update the version of the federal acid rain program rules that DEQ adopted by reference.
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 proposed rules will affect the existing DEQ stationary source permitting programs that are considered land use programs (OAR Chapter 340, Divisions 216, and 218). The air quality permit programs require that a new source provide a Land Use Compatibility Statement (LUCS) from local government when applying for a permit. This assures that the source is an approved use for the property where it is located. Existing permittees have provided a LUCS, which are on file with DEQ. No change in the land use procedures in the air quality permitting program is proposed.
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):
Existing procedures already adequately cover the proposed rules. New regulated pollutants will be added to those that are required to be permitted but the requirements for the permitting of these activities and the review of their land use impacts remain unchanged.
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