Section 110(a) Element

Summary of Element

How Addressed

SO₂ Definition

Oregon Revised Statutes:

ORS 468.020 Rules and Standards Requires public hearing on any proposed rule or standard prior to adoption

ORS 468A.025 Air Purity Standards; Air Quality Standards; Treatment and Control of Emissions; Rules Requires controls necessary to achieve ambient air quality standards and prevent significant impairment of visibility.

ORS 468A.035 General Comprehensive Plan: Requires DEQ to develop a general comprehensive plan for the control or abatement of air pollution.

ORS 468A.055 Notice Prior to Construction of New Sources; Order Authorizing or Prohibiting Construction; Effect of No Order; Appeal

ORS 468A.070 Measurement and Testing of Contamination Sources; Rules

Oregon Administrative Rules:

NEED STAND_ALONE DEFINITION OF SO2?

OAR 340-200 General Air Pollution Procedures and Definitions

-0020 General Air Quality Definitions ORS 468.020, ORS 468A.025, ORS 468A.035, ORS 468A.055 & ORS 468A.070

(31) "Criteria Pollutant" means nitrogen oxides, volatile organic compounds, particulate matter, PM10, PM2.5, sulfur dioxide, carbon monoxide, or lead.

(44)(b) As used in OAR 340-212-0200 through 340-212-0280, "Emission limitation or standard" means any applicable requirement that constitutes an emission limitation, emission standard, standard of performance or means of emission limitation as defined under the Act. An emission limitation or standard may be expressed in terms of the pollutant, expressed either as a specific quantity, rate or concentration of emissions (e.g., pounds of SO2 per hour, pounds of SO2 per million British thermal units of fuel input, kilograms of VOC per liter of applied coating solids, or parts per million by volume of SO2) or as the relationship of uncontrolled to controlled emissions (e.g., percentage capture and destruction efficiency of VOC or percentage reduction of SO2). An emission limitation or standard may also be expressed either as a work practice, process or control device parameter, or other form of specific design, equipment, operational, or operation and maintenance requirement. For purposes of 340-212-0200 through 340-212-0280, an emission limitation or standard does not include general operation requirements that an owner or operator may be required to meet, such as requirements to obtain a permit, to operate and maintain sources in accordance with good air pollution control practices, to develop and maintain a malfunction abatement plan, to keep records, submit reports, or conduct monitoring.

(97) “PM2.5”

(b) When used in the context of PM2.5 precursor emissions, means sulfur dioxide (SO2) and nitrogen oxides (NOx) emitted to the ambient air as measured by EPA reference methods in 40 CFR Part 60, appendix A.

(106) "Regulated air pollutant" or "Regulated Pollutant":

(b) As used in OAR 340 division 220, regulated pollutant means particulates, volatile organic compounds, oxides of nitrogen and sulfur dioxide.

NOTE: Abbreviation “SO2” (in 200—0025) is NOT part of the SIP

OAR 340-204 Designation of Air Quality Areas

-0010 Definitions ORS 468.020

-(5) “Criteria Pollutant” (means any of the six pollutants set out by the Clean Air Act (sulfur oxides, particulate matter, ozone, carbon monoxide, nitrogen dioxide, and lead) for which the EPA has promulgated standards in 40 CFR 50.4 through 50.12 (July, 1993).

OAR 340-250 General Conformity

-0030 General Conformity Definitions ORS 468.020 & ORS 468A.035

(22) "National ambient air quality standards" or "NAAQS" means those standards established pursuant to Section 109 of the Act and include standards for carbon monoxide (CO), lead (Pb), nitrogen dioxide (NO2), ozone, particulate matter (PM10), and sulfur dioxide (SO2).

§110(a)(2)(A)

Emission limits & other control measures

include enforceable emission limitations and other control measures, means, or techniques (including economic incentives such as fees, marketable permits, and auctions of emissions rights), as well as schedules and timetables for compliance as may be necessary or appropriate to meet the applicable requirements of this Act.

Oregon Revised Statutes:

ORS 477 Fire Protection of Forests and Vegetation

ORS 468 Environmental Quality Generally; Public Health and Safety; General Administration

ORS 468.020 Rules and Standards Requires public hearing on any proposed rule or standard prior to adoption.

ORS 468A Air Quality, Public Health and Safety, Air Pollution Control

ORS 468A.010 Policy: Calls for joint responsibility for “a coordinated statewide program of air quality control and to allocate [responsibility] between the state and the units of local government . . . .”

ORS 468A.015 Purpose of air pollution laws

ORS 468A.020 Rules and Standards: Gives Environmental Quality Commission (EQC) authority to adopt rules and standards to perform function vested by law.

ORS 468A.025 Air Purity Standards; Air Quality Standards; Treatment and Control of Emissions; Rules: EQC may establish…

-(1) areas of state & prescribe air pollution & contamination levels

-(3) air quality standards including emission standards

-(4) emission treatment and control provisions

ORS 468A.035 General Comprehensive Plan: Oregon Department of Environmental Quality (DEQ) shall develop a general comprehensive plan for the control or abatement of air pollution

ORS 468A.040 Permits; Rules: Provides that the EQC may require permits for air contamination sources, type of air contaminant, or specific areas of the State.

ORS 468A.045 Activities Prohibited Without Permit; Limit on Activities with Permit

ORS 468A.050 Classification of Air Contamination Sources; Registration and Reporting; Registration and Reporting of Sources; Rules; Fees

ORS 468A.055 Notice Prior to Construction of New Sources; Order Authorizing or Prohibiting Construction; Effect of No Order; Appeal

ORS 468A.070 Measurement and Testing of Contamination Sources; Rules

ORS 468A.085 Residential Open Burning of Vegetative Debris: Provides authority to regulate open burning of vegetative debris from residential yard cleanup based on air quality and meteorological conditions as determined by DEQ.

ORS 468A.310 Federal operating permit program approval; rules; content of plan

ORS 468A.315 Emission Fees for Major Sources; Base Fees; Basis of Fees; Rules

ORS 468A.350 -.455 Motor Vehicle Pollution Control: Provides authority to implement emissions reductions programs related to motor vehicles.

ORS 468A.460 -.520 Woodstove Emissions Control: Provides authority to control, reduce and prevent air pollution caused by solid fuel burning devices.

ORS 468A.550 -.620 Field Burning and Propane Flaming: Provides authority to regulate field burning and propane flaming including permits, inspections and penalties.

ORS 468A.990 Penalties

ORS 815 Vehicle Equipment Generally; Oregon Vehicle Code; General Provisions

Oregon Administrative Rules:

OAR 340-200 General Air Pollution Procedures and Definitions: Defines significant emissions rates, de minimis emission levels, and plant site emission rates for specific air pollutants and precursors. ORS 468.020, ORS 468A.025, ORS 468A.035, ORS 468A.055 & ORS 468A.070

-0020 TABLE 1: SIGNIFICANT AIR QUALITY IMPACT

OAR 340-202 Ambient Air Quality Standards and PSD Increments: Defines ambient air quality standards for all NAAQS. Specifies PSD increments & ceilings. ORS 468,468A, ORS 468.020

-0010 Definitions ORS 468A

-0070 Sulfur Dioxide ORS 468 & 468A

-0210 Ambient Air Increments , Table 1: Maximum Allowable Increase ORS 468 & 468A

-0220 Ambient Air Ceilings ORS 468 & 468A

OAR 340-204 Designation of Air Quality Areas: Designates air quality areas in Oregon: Air Quality Control Regions and nonattainment, maintenance, PSD, special control, motor vehicle inspection boundary and oxygenated gas control areas. ORS 468,468A, ORS 468.020

OAR 340-212 Stationary Source Testing and Monitoring

-0130 Stack Heights and Dispersion Techniques ORS 468, ORS 468.020 & ORS 468A

OAR 340-214 Stationary Source Reporting Requirements

-0400 Sulfur Dioxide Emission Inventory ORS 468.020

-0410 Applicability ORS 468.020

OAR340-216 Air Contaminant Discharge Permits: Federally-enforceable state operation permit program. This rule also serves as the administrative permit mechanism used to implement the major and minor new source review programs. The SIP-approved minor NSR program applies major source NSR-PSD requirements to any source with emissions over the significant emission rate. ORS 468, ORS 468.020, ORS 468A, ORS 468A.040

OAR 340-222 Stationary Source Plant Site Emission Limits: Establishes criteria and method for regulating plant site emission limits of permit holders, to protect ambient air quality standards, PSD increments & visibility ORS 468, ORS 468.020, ORS 468A, ORS 468A.040, ORS 468A.310,

OAR340-224 Major New Source Review: Establishes permit program for major new and modified sources. ORS 468, 468.020 & 468A,

-0050 Requirements for Sources in Nonattainment Areas ORS 468.020

-0060 Requirements for Sources in Maintenance Areas ORS 468.020

OAR 340-225 Requirements for Demonstrating a Net Air Quality Benefit: Establishes criteria to demonstrate net air quality benefits for offsets

-0090 Requirements for Demonstrating a Net Air Quality Benefit ORS 468.020 ****

****NOTE:-0090 is the only section in SIP

OAR 340-226 General Emission Standards: Requires highest and best practicable treatment and control, consideration of impact of selected control methods, typically achievable control technology. Includes operating & maintenance and grain loading requirements, and additional control requirements for stationary sources of air contaminants.

-0100 Highest and Best Practicable Treatment and Control, Policy and Application ORS 468 & ORS 468A

-0110 Pollution Prevention ORS 468 & ORS 468A

-0120 Operating and Maintenance Requirements ORS 468 & ORS 468A

-0140 Additional Control Requirements for Stationary Sources of Air Contaminants ORS 468 & ORS 468A

OAR 340-228 Requirements for Fuel Burning Equipment and Fuel Sulfur Content

-0130 Exemptions ORS 468 & ORS 468A

General Emission Standards for Fuel Burning Equipment:

-0200 Sulfur Dioxide Standards ORS 468 & 468A

Federal Acid Rain Program:

-0400-0530 Web Trading Program ORS 468.020

OAR 340-228 APPENDIX A: WEB MODEL RULE MONITORING PROTOCOLS:

-Protocol WEB-1: SO2 Monitoring of Fuel Gas Combustion Devices ORS 468.020

OAR 340-234 Emission Standards for Wood Products Industries: Emission limitations

0210-0220 Kraft Pulp Mills ORS 468 & 468A

- 0310-0320 Neutral Sulfite Semi-Chemical Pulp Mills ORS 468 & 468A

- 0410 Sulfite Pulp Mills ORS 468 & 468A

ORS 468 & 468A

OAR 340-236 Emission Standards for Specific Industries: Emission Limits

- 0120-0130 Aluminum Plants ORS 468, ORS468.020, ORS 468A

- 0220 Laterite Ore Production of Ferronickel ORS 468 & 468A

- 0410-0440 Hot Mix Asphalt Plants ORS 468 & 468A

OAR 340-240 Rules For Areas With Unique Air Quality Needs This division limits visible and particulate matter emissions and sets requirements for operation & maintenance plans for the Medford-Ashland, Grants Pass, La Grande & Lakeview areas. ORS 468.020, ORS 468 & 468A, (NOTE, -0630 is NOT in the SIP

OAR 340-242 Rules Applicable to the Portland Area

- 0500-0520 Gasoline Vapors from Gasoline Transfer and Dispensing Operations ORS 468.020 & 468A.025,

- 0600-0630 Motor Vehicle Refinishing ORS 468.020 & 468A.035

- 0700-0750 Spray Paint ORS 468.020, ORS 468A & ORS 468A.035,

OAR 340-250 General Conformity Implements requirements under Section 176(c) of the Clean Air Act with respect to the conformity of general federal actions to the applicable implementation plan ORS 468.020 & 468A.035

-0020 Applicability ORS 468.020 and 468A.035

-0030 Definitions ORS 468.020 and 468A.035

-0080 Criteria for Determining Conformity of General Federal Actions ORS 468.020 and 468A.035

OAR 340-252 Transportation Conformity Establishes policy, criteria, and procedures for demonstrating and assuring conformity of planning activities to an applicable implementation plan developed pursuant to section 110 and Part D of the CAA.

ORS 468.020

OAR 340-256 Motor Vehicles Air pollution control for mobile sources including motor vehicle inspection & maintenance program and fee schedule (fees: 340-256-0320) ORS 467.030, ORS 468, ORS 468A, ORS 468A.010, ORS468A.015, ORS 468.020, ORS 468A.025, ORS 468A.350 - 468A.400, ORS 815

OAR 340-258 Motor Vehicle Fuel Specifications Regulates motor vehicle fuel content standards, operating permits, recordkeeping & reporting persons or facilities who sells or otherwise markets gasoline for use in motor vehicles. ORS 468 , ORS 468A, ORS 468.020 & ORS 468A.025

OAR 340-262 Residential Woodheating: Regulates woodstove sales, certification, and removal. Establishes a program for curtailing wood burning to be implemented as a control strategy. (Note: All particulate matter references are to PM10). ORS 468 & 468A

OAR 340-264 Rules for Open Burning

Mandates prohibition of open burning when adverse air quality conditions exist. ORS 468, ORS 468A, ORS 468.020 & ORS 477,

-0070 Open Burning Conditions Establishes conditions related to sulfur dioxide emissions under which open burning is prohibited. ORS 468, ORS 468A & ORS 477

OAR 340-266 Field Burning Rules (Willamette Valley) Applies to the open field burning, propane flaming, and stack and pile burning of all perennial and annual grass seed and cereal grain crops, and associated residue within the Willamette Valley ORS 468 & 468A

OAR 340-268 Emission Reduction Credits (ERC) Addresses creation and banking of ERCs ORS 468 & ORS 468A ORS 468A, ORS 468.020

a§110(a)(2)(B)

Ambient air quality monitoring & data analysis system

provide for establishment and operation of appropriate devices, methods, systems, and procedures necessary to (i) monitor, compile, and analyze data on ambient air quality, and (ii) upon request, make such data available to the Administrator;

Oregon Revised Statutes:

ORS 468 Environmental Quality Generally; Public Health and Safety; General Administration

ORS 468.020 Rules and Standards Requires public hearing on any proposed rule or standard prior to adoption

ORS 468.035 (a-e, m) Functions of the Department: Authority to conduct & supervise inquiries and programs to assess and communicate air conditions and to obtain necessary resources (assistance, materials, supplies, etc.) to meet these responsibilities

ORS 468A Air Quality, Public Health and Safety, Air Pollution Control

ORS 468A.025 Air Purity Standards; Air Quality Standards; Treatment and Control of Emissions; Rules Requires controls necessary to achieve ambient air quality standards and prevent significant impairment of visibility.

ORS 468A.055 Notice Prior to Construction of New Sources; Order Authorizing or Prohibiting Construction; Effect of No Order; Appeal

ORS 468A.070 Measurement and Testing of Contamination Sources; Rules: Authority to establish a measurement and testing program pursuant to rules adopted by the EQC.

Oregon Administrative Rules:

OAR 340-200 General Air Pollution Procedures and Definitions: Defines “Criteria Pollutant” at (31) as nitrogen oxides, volatile organic compounds, particulate matter, PM10, PM2.5, sulfur dioxide, carbon monoxide, or lead. Also specifically defines NOx and SO2 as precursors to PM2.5 at (71), and NOx and VOCs as precursors to ozone at (71). Defines significant emissions rates, de minimis emission levels, and plant site emission rates for specific air pollutants and precursors. ORS 468, ORS 468.020, 468A, 468A.025, 468A.035, 468A.055 & 468A.070

OAR 340-228 Requirements for Fuel Burning Equipment and Fuel Sulfur Content

-0480 Monitoring, Recordkeeping and Reporting:

Federal Acid Rain Program ORS 468.020

OAR 340-228 APPENDIX A: WEB MODEL RULE MONITORING PROTOCOLS:

-Protocol WEB-1: SO2 Monitoring of Fuel Gas Combustion Devices: ORS 468.020

A comprehensive air quality monitoring plan, intended to meet the requirements of 40 CFR part 58, was submitted by DEQ on December 27, 1979 (40 CFR 52.1970) and was approved by the EPA on March 4, 1981 (46 FR 15136). This air quality monitoring plan has been subsequently updated, with the most recent submittal dated July 1, 2012 and approved by the EPA on October 25. 2012. This plan includes, among other things, the locations for the {insert pollutant} monitoring network. Oregon provides an annual air quality data report to the public on the DEQ website at http://www.deq.state.or.us/aq/forms/annrpt.htm . Oregon sends real time air monitoring information for ozone, particulate matter, and carbon monoxide to EPA’s AIRNow web page at http://www.airnow.gov and also provides the information on the ODEQ Air Quality Index (AQI) website at http://www.deq.state.or.us/aqi .

§110(a)(2)(C)

Program to enforce control measures, regulate modification & construction of stationary sources and a permit program

include a program to provide for the enforcement of the measures described in subparagraph (A) and regulation of the modification and construction of any stationary source within the areas covered by the plan as necessary to assure that national ambient air quality standards are achieved, including a permit program as required in parts C and D of this subchapter;

Two elements identified in section 110(a)(2) include requirements that are not governed

by the 3-year submission deadline of section 110(a)(1). The requirements pertain to part D, of

title I of the CAA, which addresses plan requirements for nonattainment areas. Therefore, the

following section 110(a)(2) elements are considered by EPA to be outside the scope of

infrastructure SIP actions: (1) section 110(a)(2)(C) to the extent it refers to permit programs

(known as "nonattainment new source review") required under part D; and

(2) section 110(a)(2)(I) in its entirety. EPA does not expect infrastructure SIP submittals to

include regulations or emission limits developed specifically for attaining the relevant standard.

Those submittals are due at the time the nonattainment area planning requirements are due

(18 months following designation).

(KH Wed 5/29/2013 11:55 AM)

Oregon Revised Statutes:

ORS 183.415 Notice of right to hearing

ORS 183.745 Civil penalty procedures; notice; hearing; judicial review; exemptions; recording; enforcement

ORS 468 Environmental Quality Generally; Public Health and Safety; General Administration

ORS 468.020 Rules and Standards Requires public hearing on any proposed rule or standard prior to adoption

ORS 468.065 Issuance of Permits; Consent; Fees; Use: Provides authority and requirements to ODEQ for issuing permits, the content of those permits, fee schedules, and reporting.

 -OR- Commission may establish a schedule of fees for permits based upon cost of filing & investigating application, issuing or denying permit, carrying out Title V requirements and determining compliance.

ORS 468.090 - 468.140 Enforcement: Provides DEQ with authority to investigate complaints, investigate and inspect sources for compliance, access records, commence enforcement procedures, and impose civil penalties.

ORS 468.869

ORS 468.870

ORS 468.996-.997 Civil Penalties: Provides additional penalties for persons who intentionally or recklessly violate provisions of specific chapters of ORS, including 468 and 468A or any rule, standard, or order pursuant to ORS 468 and 468A “which results in or creates the imminent likelihood for an extreme hazard to the public health or which causes extensive damage to the environment.”

ORS 468.035 (j, k) Functions of the Department

-j Shall seek enforcement of state air quality pollution laws

-k Shall compel compliance with any rule, standard, order, permit or condition

ORS 468.065 Issuance of Permits; Consent; Fees; Use: Provides authority and requirements to ODEQ for issuing permits, the content of those permits, fee schedules, and reporting.

ORS 468.070 Denial, Modification, Suspension or Revocation of Permits: Provides authority to deny, modify, suspend or revoke a permit if it finds a material misrepresentation or false statement in the application; failure to comply with the permit; or violation of an applicable law, rule, standard or order. ODEQ may also modify a permit if it is necessary for the proper administration, implementation or enforcement of the provisions in applicable laws.

ORS 468.090-.140 Enforcement: Provides DEQ with authority to investigate complaints, investigate and inspect sources for compliance, access records, commence enforcement procedures, and impose civil penalties. ORS 468.920-.963 Environmental Crimes: Authorizes and provides categories related to criminal enforcement and associated fines.

ORS 468.996-.997 Civil Penalties: Provides additional penalties for persons who intentionally or recklessly violate provisions of specific chapters of ORS, including 468 and 468A or any rule, standard, or order pursuant to ORS 468 and 468A “which results in or creates the imminent likelihood for an extreme hazard to the public health or which causes extensive damage to the environment.”

ORS 468A Air Quality, Public Health and Safety, Air Pollution Control

ORS 468A.025 Air Purity Standards; Air Quality Standards; Treatment and Control of Emissions; Rules Requires controls necessary to achieve ambient air quality standards and prevent significant impairment of visibility.

ORS 468A.040 Permits; Rules EQC may require permits for air contamination sources, etc.

ORS 468A.045 Activities Prohibited Without Permit; Limit on Activities With Permit: Prohibits any person from discharging, emitting or allowing to be discharged or emitted any air contaminant for which a permit is required. Prohibits construction, installation, modification, operation, increase in emissions, etc. of any air contamination source for which a permit is required.

ORS 468A.050 Classification of Air Contamination Sources; Registration and Reporting; Registration and Reporting of Sources; Rules; Fees

ORS 468A.055 Notice Prior to Construction of New Sources; Order Authorizing or Prohibiting Construction; Effect of No Order; Appeal: Provides authority to EQC (or DEQ) to establish notice requirements prior to construction of new sources, issue orders to prohibit the construction of a new source, and lays out an appeal process.

ORS 468A.310 Federal operating permit program approval; rules; content of plan

ORS 468A.990 Penalties for air pollution offenses: Establishes that violations of any rule or standard or order issued by a regional authority relating to air pollution is a Class A misdemeanor and that each day of violation of constitutes a separate offense.

Oregon Administrative Rules:

OAR 340-012 Enforcement Procedure and Civil Penalties: Establishes enforcement actions to encourage compliance with environmental regulations and to protect public health & the environment. ORS 183.415, ORS 183.745, ORS 454, ORS 454.050, ORS 454.625, ORS 459, ORS 459.045, ORS 459.376, ORS 459.785, ORS 459.995, ORS 465, ORS 465.280, ORS 465.400 - 465.410, ORS 465.435, ORS 466, ORS 466.070 - 466.080, ORS 466.625, ORS 466.720, ORS 466.746, ORS 466.882, ORS 466.858 - 466.994, ORS 467, ORS 467.030, ORS 468.020, ORS 468.065, ORS 468.090 - 468.140, ORS 468.869, ORS 468.870, ORS 468.996, ORS 468A, ORS 468A.025, ORS 468A.045, ORS 468B, ORS 468B.015, ORS 468B.035, ORS 468B.350, ORS 783.600 - 783.992,

OAR 340-202 Ambient Air Quality Standards and PSD Increments: Defines ambient air quality standards for all NAAQS. Specifies PSD increments & ceilings. ORS 468 & 468A

OAR 340-210 Stationary Source Notification Requirements: Establishes registration requirements for stationary air contaminant sources not subject to ADCP or title V permits and regulates construction & modification of these sources and air pollution control equipment. . ORS 468, ORS 468.020, ORS 468A, ORS 468A.025, ORS 468A.035, ORS 468A.050, ORS 468A.055 , ORS 468A.070 & ORS 468A.310

OAR 340-214 Stationary Source Reporting Requirements: Establishes reporting requirements for stationary sources, and requires recordkeeping on the nature, type and amount of emissions.

•  0120 Enforcement of Reporting requirements ORS 468.035

•  0350 Enforcement action criteria for excess emissions ORS 468 & 468A

OAR 340-216 Air Contaminant Discharge Permits (ACDP): Federally-enforceable state operation permit program. This rule also serves as the administrative permit mechanism used to implement the major and minor new source review programs. The SIP-approved minor NSR program applies major source NSR-PSD requirements to any source with emissions over the significant emission rate. ORS 468, ORS 468.020, ORS 468A, ORS 468A.040

OAR 340-224 Major New Source Review Regulates construction & modification of proposed major sources within nonattainment & maintenance areas and federal major sources & modifications within attainment & unclassified areas. ORS 468, ORS 468.020, ORS468A,

EPA most recently approved revisions to Oregon’s PSD program on December 27, 2011 (76 FR 80747).

§110(a)(2)(D)(i)(I)

Interstate transport as it relates to significant contribution to nonattainment and interference with maintenance

contain adequate provisions

(i) prohibiting, consistent with the provisions of this subchapter, any source or other type of emissions activity within the state from emitting any air pollutant in amounts which will

(I) contribute significantly to nonattainment in, or interfere with maintenance by, any other state with respect to any such national primary or secondary ambient air quality standard, or

CAA section 110(a)(2)(D)(i)(I) Interstate Transport as it relates to significant contribution to nonattainment and interference with maintenance:

LEAVE BLANCK, REMOVE ROW OR????

§110(a)(2)(D)(i)(II)

Interstate transport as it relates to PSD and visibility

(II) interfere with measures required to be included in the applicable implementation plan for any other State under part C of this subchapter to prevent significant deterioration of air quality or to protect visibility,

CAA section 110(a)(2)(D)(i)(II) Interstate transport as it relates to PSD:

EPA most recently approved revisions to Oregon’s PSD program on December 27, 2011 (76 FR 80747).

Oregon Revised Statutes:

ORS 468 Environmental Quality Generally; Public Health and Safety; General Administration

ORS 468A Air Quality, Public Health and Safety, Air Pollution Control

Oregon Administrative Rules:

Oregon’s Administrative Rules are consistent with federal requirements per Appendix N of 40 CFR 50 pertaining to the notification of interstate pollution abatement. Oregon Administrative Rules that specifically address the federal requirements are:

OAR 340-202 Ambient Air Quality and PSD Increments: Defines ambient air quality standards for all NAAQS. Specifies PSD increments & ceilings. ORS 468A

-0070 Sulfur Dioxide ORS 468 & ORS 468A

-0210 Ambient Air Increments, Table 1 ORS 468 & 468A

-0220 Ambient Air Ceilings ORS 468 & ORS 468A

CAA section 110(a)(2)(D)(i)(II) Interstate transport as it relates to visibility:

On December 9, 2011, the Oregon Environmental Commission adopted revisions to regional haze. These amendments were submitted as a SIP revision to the EPA on December 14, 2010. On July 5, 2011, the EPA approved portions of the Oregon Regional Haze SIP including the requirements for best available retrofit technology (BART) (76 FR 38997). The EPA approved the remaining elements of the Oregon Regional Haze SIP on August 22, 2012 (77 FR 50611).

OAR 340-223 Regional Haze Rules: Establishes requirements for certain industrial sources that contribute to regional haze in Class I areas, for the purpose of implementing Best Available Retrofit Technology requirements. ORS 468 & 468A

§110(a)(2)(D)(ii)

Interstate and international pollution

(ii) insuring compliance with the applicable requirements of sections 126 and 115 (relating to interstate and international pollution abatement);

State regulations are consistent with Federal requirements in Appendix N of 40 CFR part 50 pertaining to the notification of interstate pollution abatement.

Oregon Revised Statutes:

ORS 468.020 Rules and Standards Requires public hearing on any proposed rule or standard prior to adoption.

Oregon Administrative Rules that specifically address the federal requirements are:

Oregon Administrative Rules:

OAR 340-209 Public Participation: specifies the requirements for notifying the public of certain permit actions and providing an opportunity for the public to participate in those permit actions.

-0060 Persons Required to be Notified: includes state notification ORS 468.020

§110(a)(2)(E)(i)

Adequate personnel, funding and authority to carry out plan

provide (i) necessary assurances that the state (or, except where the Administrator deems inappropriate, the general purpose local government or governments, or a regional agency designated by the state or general purpose local governments for such purpose) will have adequate personnel, funding, and authority under state (and, as appropriate, local) law to carry out such implementation plan (and is not prohibited by any provision of federal or state law from carrying out such implementation plan or portion thereof);

DEQ received CAA section 105 grants from EPA and DEQ matches through the state’s General Fund. In addition, for near roadway NO2 monitoring site establishment, DEQ received a one-time CAA section 103 grant from EPA for (Grant number 00J58401). DEQ’s Performance and Partnership Agreement with EPA contains more information.

Intergovernmental Agreement between DEQ and LRAPA (DEQ Agreement # 003-12)

Intergovernmental Agreement between DEQ and LRAPA (DEQ Agreement # 003-12)

Oregon Revised Statues:

ORS 468.035 Functions of Department (d, h) Authority to employ personnel, purchase supplies, enter into contracts, and to receive, appropriate and expend federal and other funds for purposes of air pollution research and control

ORS 468A.045 Functions of Director; Delegation Power to hire, assign, reassign, and coordinate personnel of the department

OARs?????

§110(a)(2)(E)(ii)

Comply with state boards

(ii) requirements that the state comply with the requirements respecting state boards under section 128 of this title, and

Oregon Revised Statutes:

ORS 468 Environmental Quality Generally; Public Health and Safety; General Administration

ORS 468A Air Quality, Public Health and Safety, Air Pollution Control

Oregon Administrative Rules:

OAR 340-200-0100: Purpose ORS 468 & ORS 468A

OAR 340-200-0110: Public Interest Representation ORS 468 & ORS 468A

OAR 340-200-0120: Disclosure of Potential Conflicts of Interest ORS 468 & ORS 468A

EPA approved OAR 340-200-0100 through OAR 340-200-0120 as meeting the requirements of CAA section 128 on January 22, 2003 (68 FR 2891).

§110(a)(2)(E)(iii)

oversee local & regional gov/agencies

(iii) necessary assurances that, where the state has relied on a local or regional government, agency, or instrumentality for the implementation of any plan provision, the state has responsibility for ensuring adequate implementation of such plan provision;

Oregon Revised Statutes:

ORS 468 Environmental Quality Generally; Public Health and Safety; General Administration

ORS 468.020 Rules and Standards Requires public hearing on any proposed rule or standard prior to adoption

ORS 468A Air Quality, Public Health and Safety, Air Pollution Control

ORS 468A.025 Air Purity Standards; Air Quality Standards; Treatment and Control of Emissions; Rules Requires controls necessary to achieve ambient air quality standards and prevent significant impairment of visibility

ORS 468.035 (c) Functions of Department: Authority to advise, consult, and cooperate with other states, state and federal agencies, or political subdivisions on all air quality control matters.

ORS 468A.010 Policy: Calls for joint responsibility for “a coordinated statewide program of air quality control and to allocate [responsibility] between the state and the units of local government . . . .”

ORS 468A.040 Permits; Rules: Provides that the EQC may require permits for air contamination sources, type of air contaminant, or specific areas of the State.

ORS 468A.050 Classification of Air Contamination Sources; Registration and Reporting; Registration and Reporting of Sources; Rules; Fees

ORS 468A.070 Measurement and Testing of Contamination Sources; Rules

ORS 468A.100-180 Regional Air Quality Control Authorities: Describes the establishment, role, and function of Regional Authorities.

Oregon Administrative Rules

OAR 340-200 General Air Pollution Procedures and Definitions

-0010 Specifies that Lane Regional Air Protection Agency (LRAPA) has authority in Lane County. . ORS 468.020 

-0020 defines a “Regional Agency”. ORS 468.020, ORS 468A.025, ORS 468A.035, ORS 468A.05, ORS 468A.070

-0040 describes inclusion of the regional agency’s actions into the SIP ORS 468.020, ORS 468A.035 & ORS 468A.070

OAR 340-204 Designation of Air Quality Areas Includes Designation of Control Areas within Lane County. ORS 468, ORS 468.020 & ORS 468A

OAR 340-216 Air Contaminant Discharge Permits Relating to ACDP includes authorities for LRAPA and inclusion in the SIP. . ORS 468, ORS 468.020, 468A, ORS 468A.040e

OAR 340-228 Requirements for Fuel Burning Equipment and Fuel Sulfur Content

-0480 Monitoring, Recordkeeping and Reporting ORS 468.020

APPENDIX A: WEB MODEL RULE MONITORING PROTOCOLS:

-Protocol WEB-1: SO2 Monitoring of Fuel Gas Combustion Devices ORS 468.020

OAR 340-264 Rules for Open Burning

-0160 Lane County ORS 468 & ORS 468A

§110(a)(2)(F)

Stationary source emissions monitoring and reporting system

require, as may be prescribed by the Administrator

(i) the installation, maintenance, and replacement of equipment, and the implementation of other necessary steps by owners or operators of stationary sources to monitor emissions from such sources,

(ii) periodic reports on the nature and amounts of emissions and emissions-related data from such sources, and

(iii) correlation of such reports by the state agency with any emission limitations or standards established pursuant to this Act, which reports shall be available at reasonable times for public inspection;

Oregon Revised Statues:

ORS 468 Environmental Quality Generally; Public Health and Safety; General Administration

ORS 468.020 Rules and Standards Requires public hearing on any proposed rule or standard prior to adoption

ORS 468.035 (b, d) Functions of Department Authority to conduct & supervise inquiries and programs to assess and communicate air conditions and to obtain necessary resources (assistance, materials, supplies, etc.) to meet these responsibilities

ORS 468A Air Quality, Public Health and Safety, Air Pollution Control

ORS 468A.025 (4) Air Purity Standards; Air Quality Standards; Treatment and Control of Emissions; Rules Commission shall adopt rules, require permit conditions for operation and maintenance of pollution control equipment, and require typically achievable control technology for new, modified and existing sources of air contaminants or precursors for stationary sources

ORS 468A.070 Measurement and Testing of Contamination Sources; Rules

ORS 468A.310 Federal operating permit program approval; rules; content of plan

Oregon Administrative Rules:

OAR 340-212 Stationary Source Testing and Monitoring Requires facilities to monitor & report emissions, including requirements for monitoring methods & design, and Monitoring & Quality Improvement plans, etc. ORS 468, ORS 468.020, ORS 468A & ORS 468A.310

OAR 340-214 Stationary Source Reporting Requirements Requires stationary sources to maintain written records to determine compliance with emission rules, limitations or control measures for any regulated air pollutant and provides requirements for reporting and recordkeeping. ORS 468, ORS 468.020, ORS 468.035, ORS 468A, 468A.310,

-0400 Sulfur Dioxide Emission Inventory ORS 468.020

-0410 Applicability ORS 468.020

-0420 Annual Sulfur Dioxide Emission Report ORS 468.020

-0430 Changes in Emission Measurement Techniques ORS 468.020

OAR 340-222 Stationary Source Plant Site Emission Limits . ORS 468 & ORS 468A

- 0080 Plant Site Emission Limit Compliance: Specifies permittee must monitor and maintain records to demonstrate compliance. Specifies frequency and method of monitoring for PSELs. ORS 468 & ORS 468A

OAR 340-225 Air Quality Analysis Requirements

(stationary source: mostly about modeling, but one section about monitoring) ORS 468.020 (NOTE:-0050 is not in SIP

OAR 340-234 Emission Standards for Wood Products Industries: Monitoring & Reporting

- 0240-0250 Kraft Pulp Mills ORS 468 & 468A

- 0340-0350 Neutral Sulfite Semi-Chemical Pulp Mills ORS 468 & 468A

- 0420 Sulfite Pulp Mills ORS 468 & 468A

OAR 340-236 Emission Standards for Specific Industries: Emissions Monitoring & Reporting

- 0140-0150 Aluminum Plants ORS 468, ORS468.020, ORS 468A

- 0230 Laterite Ore Production of Ferronickel ORS 468 & 468A

OAR 340-250 General Conformity Implements requirements under Section 176(c) of the Clean Air Act with respect to the conformity of general federal actions to the applicable implementation plan ORS 468.020 & 468A.035

§110(a)(2)(G)

Authority to declare air pollution emergency and notify public

provide for authority comparable to that in section 303 of this title and adequate contingency plans to implement such authority;

Oregon Revised Statues:

ORS 468 Environmental Quality Generally; Public Health and Safety; General Administration

ORS 468.020 Rules and Standards Requires public hearing on any proposed rule or standard prior to adoption

ORS 468A Air Quality, Public Health and Safety, Air Pollution Control

ORS 468A.310 Federal operating permit program approval; rules; content of plan

ORS 468.115 Enforcement in Cases of Emergency Authorizes the DEQ Director, at the direction of the Governor, to enter a cease & desist order for polluting activities that present an imminent and substantial danger to public health

Oregon Administrative Rules:

OAR 340-206 Air Pollution Emergencies Air pollution emergency episode procedures. Authorizes the DEQ Director to declare an air pollution alert or warning, or to issue an advisory to notify the public. The Department shall notify the Governor when declaring an emergency. This section describes the existing emergency episode procedures in place.

•  0010 Air Pollution Emergencies ORS 468.020

•  0030 Episode Stage Criteria for Air Pollution Emergencies ORS 468 & 468A

OAR 340-214 Stationary Source Reporting Requirements

- 0300-0360 Requires reporting of emergencies and excess emissions and reporting requirements (adequate contingency plans to implement such authority). ). ORS 468, ORS 468.020, 468A, & 468A.310

§110(a)(2)(H)

Future SIP revisions

provide for revision of such plan

(i) from time to time as may be necessary to take account of revisions of such national primary or secondary ambient air quality standard or the availability of improved or more expeditious methods of attaining such standard, and

(ii) except as provided in paragraph (3)(C), whenever the Administrator finds on the basis of information available to the Administrator that the plan is substantially inadequate to attain the national ambient air quality standard which it implements, or to otherwise comply with any additional requirements established under this Act;

Oregon Revised Statues:

ORS 468.020 Rules and Standards Requires public hearing on any proposed rule or standard prior to adoption

ORS 468A.035 General Comprehensive Plan: Requires DEQ to develop a general comprehensive plan for the control or abatement of air pollution.

ORS 468A.070 Measurement and Testing of Contamination Sources; Rules

Oregon Administrative Rules:

OAR 340-200 General Air Pollution Procedures and Definitions

-0040 State of Oregon Clean Air Act Implementation Plan Provides for revisions to Oregon’s SIP and submittal of revisions to the EPA - this includes standards submitted by a regional authority and adopted verbatim to DEQ rules. . ORS 468.020, 468A.035 & 468A.070

§110(a)(2)(I)

Nonattainment requirements

in the case of a plan or plan revision for an area designated as a nonattainment area, meet the applicable requirements of part D (relating to nonattainment areas);

Two elements identified in section 110(a)(2) include requirements that are not governed

by the 3-year submission deadline of section 110(a)(1). The requirements pertain to part D, of

title I of the CAA, which addresses plan requirements for nonattainment areas. Therefore, the

following section 110(a)(2) elements are considered by EPA to be outside the scope of

infrastructure SIP actions: (1) section 110(a)(2)(C) to the extent it refers to permit programs

(known as "nonattainment new source review") required under part D; and

(2) section 110(a)(2)(I) in its entirety. EPA does not expect infrastructure SIP submittals to

include regulations or emission limits developed specifically for attaining the relevant standard.

Those submittals are due at the time the nonattainment area planning requirements are due

(18 months following designation).

(KH Wed 5/29/2013 11:55 AM)

LEAVE BLANK, DELETE SECTION OR????

§110(a)(2)(J)

(§ 121 consultation)

meet the applicable requirements of section 121 (relating to consultation), …

On April 22, 2011, the Oregon Environmental Quality Commission adopted revisions updating the PSD program in Oregon. On May 5, 2011, these PSD updates were submitted as part of Oregon’s SIP revision. EPA has not yet approved the SIP revision.

Oregon Revised Statues:

ORS 183.335 Filing and taking effect of rules; filing of executive orders; copies; fees

ORS 468.020 Rules and Standards Requires public hearing on any proposed rule or standard prior to adoption

ORS 468.035 (a, c, f-g) Functions of department

-a. encourages voluntary cooperation with local govt. and others in restoring & preserving air quality

-c. Shall advise, consult, and cooperate with state & federal agencies and political subdivisions in air quality control matters

-f. Shall provide advisory technical consultation and services to local & state agencies

ORS 468A.010 (1) b & c Policy Facilitates cooperation between state and local government in air quality control

ORS 468.020 Rules and Standards Requires public hearing on any proposed rule or standard prior to adoption

Oregon Administrative Rules:

OAR 340-209 Public Participation Provides for notification to, and participation by, the public in certain permit actions. ORS 183.335 , ORS 468.020

§110(a)(2)(J)

(Section 127 public notification)

meet the applicable requirements of… section 127 (relating to public notification)

Oregon Revised Statutes:

ORS 468 Environmental Quality Generally; Public Health and Safety; General Administration

ORS 468.020 Rules and Standards Requires public hearing on any proposed rule or standard prior to adoption

ORS 468.035 (a, c, f-g) Functions of department

-a. encourages voluntary cooperation with local govt. and others in restoring & preserving air quality

-e. shall conduct and supervise air pollution control education programs

ORS 468A Air Quality, Public Health and Safety, Air Pollution Control

Oregon Administrative Rules:

OAR 340-206 Air Pollution Emergencies Provides for public notification for both emergency and non-emergency air quality conditions. ORS 468, ORS 468.020 & ORS 468A

OAR 340-209 Public Participation: specifies the requirements for notifying the public of certain permit actions and providing an opportunity for the public to participate in those permit actions.

-0060 Persons Required to be Notified: includes state notification ORS 468.020

§110(a)(2)(J)

PSD & visibility protection

meet the applicable requirements of … part C (relating to prevention of significant deterioration of air quality and visibility protection);

EPA most recently approved revisions to Oregon’s PSD program on December 27, 2011 (76 FR 80747).

Oregon Revised Statutes:

ORS 468 Environmental Quality Generally; Public Health and Safety; General Administration

ORS 468.020 Rules and Standards Requires public hearing on any proposed rule or standard prior to adoption

ORS 468A Air Quality, Public Health and Safety, Air Pollution Control

ORS 468A.025 Air Purity Standards; Air Quality Standards; Treatment and Control of Emissions; Rules Requires controls necessary to achieve ambient air quality standards and prevent significant impairment of visibility.

Oregon Administrative Rules:

OAR 340-202 Ambient Air Quality Standards and PSD Increments

- 0200-0220 PSD Increments Specifies ambient air increments & ceilings. ORS 468 & ORS 468A

OAR 340-204 Designation of Air Quality Areas

- 0050 - 0060 Designation & re-designation of PSD areas ORS 468 & ORS 468A

OAR 340-224 Major New Source Review

- 0070 Prevention of Significant Deterioration (PSD) requirements for proposed new federal major sources or modifications in attainment or unclassified areas. ORS 468.020

OAR 340-225 Air Quality Analysis Requirements

- 0050 - 0060 In PSD areas: Requirements for analysis and demonstrating compliance with standards & increments. ORS 468.020

-0090 Requirements for Demonstrating a Net Air Quality Benefit ORS 468.020

§110(a)(2)(K)

Air quality modeling/data

provide for:

(i) the performance of such air quality modeling as the Administrator may prescribe for the purpose of predicting the effect on ambient air quality of any emissions of any air pollutant for which the Administrator has established a national ambient air quality standard, and

(ii) the submission, upon request, of data related to such air quality modeling to the Administrator;

Oregon Revised Statues:

ORS 468.020 Rules and Standards Requires public hearing on any proposed rule or standard prior to adoption

ORS 468.035 (b) Functions of department

-b May conduct studies, investigations, etc. to determine air quality.

Oregon Administrative Rules:

OAR 340-225 Air Quality Analysis Requirements (includes modeling)

-0040 Air Quality Models Refers to modeled estimates of ambient concentrations. ORS 468.020-0045 Requirements for Analysis in Maintenance Areas ORS 468.020-0050 Requirements for Analysis in PSD Class II and Class III Areas

-0060 Requirements for Demonstrating Compliance with Standards and Increments in PSD Class I Areas ORS 468.020

-0070 Requirements for Demonstrating Compliance with AQRV Protection ORS 468.020

§110(a)(2)(L)

Major Stationary source permitting fees

require the owner or operator of each major stationary source to pay to the permitting authority, as a condition of any permit required under this Act, a fee sufficient to cover

(i) the reasonable costs of reviewing and acting upon any application for such a permit, and

(ii) if the owner or operator receives a permit for such source, the reasonable costs of implementing and enforcing the terms and conditions of any such permit (not including any court costs or other costs associated with any enforcement action),

until such fee requirement is superseded with respect to such sources by the Administrator's approval of a fee program under title V;

Oregon Revised Statutes:

ORS 468 Environmental Quality Generally; Public Health and Safety; General Administration

ORS 468.020 Rules and Standards Requires public hearing on any proposed rule or standard prior to adoption.

ORS 468.065 Issuance of Permits: Content; Fees; use Commission may establish a schedule of fees for permits based upon cost of filing & investigating application, issuing or denying permit, carrying out Title V requirements and determining compliance.

ORS 468A Air Quality, Public Health and Safety, Air Pollution Control

ORS 468A.040 Permits; Rules: Provides that the EQC may require permits for air contamination sources, type of air contaminant, or specific areas of the State.

Oregon Administrative Rules:

OAR 340-216 Air contaminant Discharge Permits:

Requires payment of permit fees.

- 0020 (Table 2) ACDP Fee Schedule ORS 468 & 468A

- 0090 (Table 1) Sources Subject to ADCP and Fees ORS 468.020 & 468A.040

§110(a)(2)(M)

Consultation/Participation by affected local entities

provide for consultation and participation by local political subdivisions affected by the plan.

Oregon Revised Statutes:

ORS 468 Environmental Quality Generally; Public Health and Safety; General Administration

ORS 468.020 Rules and Standards Requires public hearing on any proposed rule or standard prior to adoption.

ORS 468.035 (a, c, f-g) Functions of Department

-a. encourages voluntary cooperation with local govt. and others in restoring & preserving AQ

-c. Shall advise, consult, and cooperate with state & federal agencies and political subdivisions in AQ control matters

-f. Shall provide advisory technical consultation and services to local & state agencies

-g. Shall develop & conduct demonstration programs with local govt.

ORS 468A Air Quality, Public Health and Safety, Air Pollution Control

ORS 468A.010 (1) b & c Policy Calls for joint responsibility for “a coordinated statewide program of air quality control and to allocate [responsibility] between the state and the units of local government.”

ORS 468A.025 Air Purity Standards; Air Quality Standards; Treatment and Control of Emissions; Rules Requires controls necessary to achieve ambient air quality standards and prevent significant impairment of visibility.

ORS 468A.035 General Comprehensive Plan: Requires DEQ to develop a general comprehensive plan for the control or abatement of air pollution.

ORS 468A.040 Permits; Rules: Provides that the EQC may require permits for air contamination sources, type of air contaminant, or specific areas of the State.

ORS 468A.055 Notice Prior to Construction of New Sources; Order Authorizing or Prohibiting Construction; Effect of No Order; Appeal

ORS 468A.070 Measurement and Testing of Contamination Sources; Rules

ORS 468A.100-180 Regional Air Quality Control Authorities Describes the establishment, role, and function of Regional Authorities.

Oregon Administrative Rules:

OAR 340-200 General Air Pollution Procedures and Definitions

-0010 Specifies that Lane Regional Air Protection Agency (LRAPA) has authority in Lane County. ORS 468.020  -0020 defines a “Regional Agency”. ORS 468.020, 468A.025, 468A.035, 468A.055 & 468A.070-0040 describes inclusion of the regional agency’s actions into the SIP. ORS 468.020, 468A.035 & 468A.070

OAR 340-204 Designation of Air Quality Areas Includes Designation of Control Areas within Lane County. ORS 468, ORS 468.020, ORS 468A

OAR 340-216 Air Contaminant Discharge Permits Relating to ACDP includes authorities for LRAPA and inclusion in the SIP. ORS 468, ORS 468.020, ORS 468A, ORS 468A.040