Infrastructure SIP Submittal for Purposes of Clean Air Act (CAA) sections 110(a)(1) and (2) for the
2010 NO2 NAAQS
Submitted by: Oregon Department of Environmental Quality
Date Submitted: October 1, 2025
Subject: Clean Air Act sections 110(a)(2)(a)(2)(A)-(M) SIP Infrastructure Elements for the 2010 NO2 NAAQS
CAA section 110(a)(2)(A)-(M) Requirements Checklist
Section 110(a) Element | Summary of Element | How Addressed |
NO2 Definition | To view Oregon’s definition of Nitrogen Dioxide, see OAR 340-200-0020. |
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: OAR 340-200 General Air Pollution Procedures and Definitions, General -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.
(72) “Major Source” (b)(d)(i)
(77) “Nitrogen Oxides” or “NOx”
(86) “Ozone Precursors”
(96) " PM2.5 ": (b) as PM2.5 precursors
(106) “Regulated Pollutant”
(120) “Section 182(f)”
(121) “Section 182(f)(1)”
(132) “Significant Air Quality Impact”
OAR 340-200-0020 Significant Air Quality Impact TABLE 1
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).
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§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 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.625-.645 Chlorofluorocarbons and Halon Control
ORS 468A.650-.660 Aerosol Spray Control
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, General -0020 General Air Quality 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 468.020, 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. -0100 Nitrogen Dioxide ORS 468 & ORS 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 -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 340-216 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 ORS 468, 468.020 & 468A,
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. - 0210 Particulate Emission Limitations for Sources Other Than Fuel Burning and Refuse Burning Equipment ORS 468 & ORS 468A -0400 Alternative Emission Controls (Bubbles) 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 -0050 Definitions of Terms Used in These Rules ORS 468.020 - 0400-0440 Industrial Emission Management Program Applies to VOC and NOx sources and to new major sources & major modifications that emit CO in Portland Metro area. Includes Unused PSEL Donation Program and Industrial Growth Allowance (incentives) ORS 468.020 - 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 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 & ORS 468A.035 -0020 Applicability ORS 468.020 and 468A.035 -0030 Definitions 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 -0010 Definitions ORS 467.030, ORS 468A.360 -0350 Light Duty Motor Vehicle Emission Control Test Method for Enhanced Program ORS 468A.360, 468A.363 -0410 Light Duty Motor Vehicle Emission Control Standards for Enhanced Program ORS 468A.360, ORS 468A.363
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 340-266 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 468.020, ORS 468A
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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 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 (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.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
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 .
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§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;
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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 468.035 (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 ODEQ 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 468.869 ORS 468.870
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.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 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.070 Measurement and Testing of Contamination Sources; Rules
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.
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,
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, ORS 468A
NOTE: EPA most recently approved revisions to Oregon’s PSD program on December 27, 2011 (76 FR 80747).
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§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 BLANK< DELETE ROW OR???? (see Kristin’s comment)
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§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’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:
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 340-202 Ambient Air Quality and PSD Increments: Defines ambient air quality standards for all NAAQS. Specifies PSD increments & ceilings. ORS 468A -0100 Nitrogen Dioxide ORS 468 & ORS 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).
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 340-223 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.
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§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
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§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); |
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
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§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 | 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).
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
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§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 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 468.020 Rules and Standards Requires public hearing on any proposed rule or standard prior to adoption
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 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.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.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.040
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§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
ORS 468A.365 Certification of Motor Vehicle Pollution Control Systems and Inspection of Motor Vehicles; Rules Designate methods and standards for testing systems and inspecting motor vehicles
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,
OAR 340-222 Stationary Source Plant Site Emission Limits - 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) (NOTE:-0050 is not in SIP, = ORS 468.020)
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 - 0500-0530 Board Products Industries ORS 468 & 468A
OAR 340-236 Emission Standards for Specific Industries: Emissions Monitoring & Reporting - 0140-0150 Aluminum Plants ORS 468, ORS 468.020 & ORS 468A - 0230 Laterite Ore Production of Ferronickel ORS 468 & ORS 468A - 0320 Reduction of Animal Matter
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
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§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
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§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
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LEAVE BLANK, DELETE ROW 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 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
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§110(a)(2)(J) PSD | 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
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§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 ORS 468.020 -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 RS 468.020
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§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
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§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 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 (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.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.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 |
ccapp, 2013-04-18T14:43:00Z
No stand alone definition of “Nitrogen Dioxide”, but included in others, including “Notrogen Oxides”
ccapp, 2013-04-22T11:03:00Z
No stand alone definition of “Nitrogen Dioxide”, but included in others, including “Nitrogen Oxides”
ccapp, 2013-04-22T17:28:00Z
P. Allen – do NOT use recommended SILs – wait for finals
Kristin Hall, 2013-04-18T14:43:00Z
Appears to be pollutant-specific for PM2.5 and PM10…
ccapp, 2013-04-18T14:43:00Z
Leave b/c NO2 = PM precursor?
Kristin Hall, 2013-04-18T14:43:00Z
Appears to be pollutant-specific for PM2.5, PM10, SO2…
ccapp, 2013-04-22T17:28:00Z
Div 228 and 230 are NOT included b/c they do not have SIP notes, but house majority of NOx-related rules. Should these rules be included in our SIP?
ccapp, 2013-04-18T14:52:00Z
This Div refers to PM2.5 NAAs – leave b/c NO2 is a PM2.5 precursor?
Kristin Hall, 2013-04-18T14:43:00Z
Pollutant-specific for PM2.5 and PM10.
ccapp, 2013-04-18T14:43:00Z
LEAVE b/c section on prohibited materials for burning produce NO2 emissions?
Kristin Hall, 2013-04-18T14:43:00Z
Pollutant-specific for PM2.5, PM10. NO2?
ccapp, 2013-04-18T14:43:00Z
LEAVE b/c combustion produces NOx?
Kristin Hall, 2013-04-18T14:43:00Z
Definitions that apply to all criteria pollutants, in addition to pollutant-specific definitions…
Kristin Hall, 2013-04-18T14:43:00Z
Update these dates for the most recent.
Kristin Hall, 2013-04-18T14:43:00Z
Pollutant-specific
Kristin Hall, 2013-04-18T14:43:00Z
Pollutant-specific for ozone, PM2.5, PM10, and CO
ccapp, 2013-04-18T14:43:00Z
LEAVE b/c NO2 a precursor to PM?
ccapp, 2013-04-18T14:43:00Z
Per Kristin’s comment: what needs to remain, and what should be deleted?
Kristin Hall, 2013-04-18T14:43:00Z
There are three parts to this element: enforcement, PSD program, and minor NSR program. You do not need to address the nonattainment NSR portion of this element. It is not in the scope of infrastructure SIPs.
ccapp, 2013-04-18T14:43:00Z
This ORS doesn’t exist – but referenced in DIV 12
ccapp, 2013-04-18T14:43:00Z
This ORS doesn’t exist – but referenced in DIV 12
ccapp, 2013-04-22T17:29:00Z
OAR 340-12 cites .996 only, but template had .996-.997 – which one should be used here?
ccapp, 2013-04-18T14:43:00Z
Struck ORS references do not apply to AQ
ccapp, 2013-04-22T11:10:00Z
NEED to edit pursuant to Kristin’s Comment below -
Kristin Hall, 2013-04-18T14:43:00Z
Should only reference PSD – not nonattainment NSR.
ccapp, 2013-04-18T14:43:00Z
Verify note
Kristin Hall, 2013-04-18T14:43:00Z
Until EPA quantifies Oregon’s obligation, you are not required to submit anything for 110(a)(2)(D)(i)(I) at this time. So – do not include this sub-element in your infrastructure SIP draft at this time. The finding of failure to submit for 2008 Pb NAAQS for Oregon did not include 110(a)(2)(D)(i)(I). You also don’t need to submit for 110(a)(2)(D)(i)(I) for NO2 or SO2 at this time – because EPA has not yet quantified any state’s obligation, per the court decision.
See U.S. Court of Appeals for the D.C. Circuit opinion - See EME Homer City generation, L.P. v. EPA, 696 F .3d 7 Unless the EME Homer City decision is reversed or otherwise modified by the Supreme Court, states are not required to submit 110(a)(2)(D)(i)(I) SIPs until the EPA has quantified their obligations under that section. The portions of the SIP submission relating to 110(a)(2)(D)(i)(II) and 110(a)(2)(D)(ii), in contrast, are required.
Kristin Hall, 2013-04-18T14:43:00Z
This section is not affected by the Homer City decision. So you should submit for this section.
ccapp, 2013-04-18T14:43:00Z
P. Allen – do NOT use recommended SILs – wait for finals
ccapp, 2013-04-18T14:43:00Z
Table does not contain values for lead
Kristin Hall, 2013-04-18T14:43:00Z
This section is not affected by the Homer City decision.
ccapp, 2013-04-18T14:43:00Z
How to note in references that some sections of a rule are not in SIP?
Kristin Hall, 2013-04-18T14:43:00Z
Pollutant-specific PM and SO2
Kristin Hall, 2013-04-18T14:43:00Z
Pollutant-specific PM
Kristin Hall, 2013-04-18T14:43:00Z
Pollutant-specific PM.
ccapp, 2013-04-18T14:43:00Z
KEEP b/c NOx a precursor to PM?
ccapp, 2013-04-18T14:43:00Z
LEAVE in b/c NO2 is a criteria pollutant
ccapp, 2013-04-18T14:43:00Z
Should -0020 also be included? It has a SIP note and relates to -0010 and -0030, but does not specifically mention a pollutant
Kristin Hall, 2013-04-18T14:43:00Z
Remove all of element 110(a)(2)(I) – You do not need to submit anything for this element – it relates to nonattainment requirements which are on a difference schedule from infrastructure SIPs.
ccapp, 2013-04-18T14:43:00Z
Is this rule in the right section of the crosswalk?
Kristin Hall, 2013-04-18T14:43:00Z
Remove – not part of an infrastructure SIP. You do not need to address the visibility portion of this element in your submittal. (But you do need to address the interstate transport visibility sub-element at 110(a)(2)(D)(i)(II).)
ccapp, 2013-04-18T14:43:00Z
Should this be struck from the template, per Kristin’s comment?
ccapp, 2013-04-18T14:43:00Z
0050 & -0060 do NOT have a SIP NOTE – need to add to SIP?