Section 110(a) Element

Summary of Element

How Addressed

P_b Definition

NO DEFINITION OF LEAD IN OUR RULES

The Oregon Environmental Quality Commission adopted the revised National Ambient Air Quality Standard for lead in May of 2010. On May 21, 2010, the revision was submitted as part of Oregon’s SIP revision, but has not yet been approved by EPA. See 340-202-0130.

OAR 340-200-0020 General Air Pollution Procedures and Definitions

NO DEFINITION OF LEAD IN OUR RULES

(7) Aggregate insignificant emissions....

(b) 120 pounds for lead;

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

(96) " PM_2.5 ":

(b) When used in the context of PM_2.5 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.

OAR 340-250 -0030 General Conformity Definitions

(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 468A.035 General Comprehensive Plan DEQ shall develop a general comprehensive plan for the control or abatement of air pollution

ORS 468A.020 Rules and Standards Gives 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

Oregon Administrative Rules:

OAR 340-202 Ambient air Quality Standards and PSD Increments: Defines ambient AQ standards and sets concentration levels. Specifies PSD increments & ceilings

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

--0010 Definitions

(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).

-0130 Ambient Air Quality Standard for Lead

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

OAR 340-225 Air Quality Analysis Requirements EXPLANATION HERE

-0090 Requirements for Demonstrating a Net Air Quality Benefit

-TABLES

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

-0430 WEB Trading Program Applicability

OAR 340-250 General Conformity

-0030 Definitions

OAR 340-256 Air pollution control for mobile sources

including motor vehicle inspection & maintenance program and fee schedule (fees: 340-256-0320)

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.

OAR 340-262 Residential Woodheating

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

OAR 340-268 Emission Reduction Credits (ERC) Addresses creation and banking of ERCs

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 monitor, compile, and analyze data on ambient air quality, and upon request, make such data available to the Administrator;

Oregon Revised Statutes:

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

§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;

Oregon Revised Statutes:

ORS 468.090-.140 Enforcement

ORS 468.035 (j, k) Functions of the Department

-j Shall seek enforcement of state AQ pollution laws

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

ORS 468.920-.963 Environmental Crimes

ORS 468.996-.997 Civil Penalties

ORS 468.065 Issuance of Permits; Consent; Fees; Use

ORS 468.070 Denial, Modification, Suspension or Revocation of Permits

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

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

ORS 468A.990 Penalties for air pollution offenses

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

OAR 340-202 Ambient Air Quality Standards and PSD Increments

-  0060 Suspended Particle Matter

-  0210 Ambient Air Increments

OAR 340-210 Stationary Source Notification Requirements Establishes registration requirements for stationary air contaminant sources not subject to ADCP or TV permits and regulates construction & modification of these sources and air pollution control equipment.

OAR 340-214 Stationary Source Reporting Requirements

-  0120 Enforcement of Reporting requirements

-  0350 Enforcement action criteria for excess emissions

OAR 340-215 Greenhouse Gas Reporting Requirements

-  0060 Greenhouse Gas Reporting Fees

OAR 340-216 Air Contaminant Discharge Permits (ACDP): Requirements & procedures for obtaining ACDP permits (stationary sources, permits)

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.

§110(a)(2)(D)

Interstate transport and interstate & international pollution abatement

contain adequate provisions

(i) prohibiting, consistent with the provisions of this title, 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

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

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

Oregon Revised Statues:

A supplement titled “Oregon SIP Infrastructure for Addressing the Interstate Transport of Ozone and Fine Particulate Matter, Clean Air Act Section 110(a)(2)(D)”, was inadvertently left out of the original June 23, 2010 Oregon’s Infrastructure and Interstate Transport Plan SIP submittal. On December 22, 2010, the supplement was submitted to support the original SIP submission and to fulfill the requirements of 110(a)(2)(D)(i).

The state of Oregon developed this report in response to revised particulate matter (PM_2.5) standards promulgated by EPA on December 18, 2006, and to meet requirements of the Clean Air Act for certifying Oregon’s effect on interstate transport of PM_2.5.

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. EPA has approved DEQ’s rules cited below but has not yet approved DEQ’s haze plan, but is currently under review.

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

-  0050(3) Purpose and Scope of Ambient Air Quality Standards

-  0210 Ambient Air Increments, Table 1

-  0220(1)-(3) Ambient Air Ceilings

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.

§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

§110(a)(2)(E)(ii)

Comply with state boards

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

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

§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; oversee local and regional gov/agencies

Oregon Revised Statutes:

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

OAR 340-200 General Air Pollution Procedures and Definitions

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

-0020 defines a “Regional Agency”.

-0040 describes inclusion of the regional agency’s actions into the SIP

OAR 340-204 Designation of Air Quality Areas Includes Designation of Control Areas within Lane County.

OAR 340-216 Air Contaminant Discharge Permits Relating to ACDP includes authorities for LRAPA and inclusion in the SIP.

§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 468.035 (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.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.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.

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.

OAR 340-222

- 0080 Stationary Source Plant site Emission Limits - Plant Site Emission Limit Compliance: Specifies permittee must monitor and maintain records to demonstrate compliance. Specifies frequency and method of monitoring for PSELs.

OAR 340-225 Air Quality Analysis Requirements

(stationary source: mostly about modeling, but one section about monitoring)

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

- 0240-0250 Kraft Pulp Mills

- 0340-0350 Neutral Sulfite Semi-Chemical Pulp Mills

- 0420 Sulfite Pulp Mills

- 0500-0530 Board Products Industries

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

- 0140-0150 Aluminum Plants

- 0230 Laterite Ore Production of Ferronickel

- 0320 Reduction of Animal Matter

OAR 340-240 Rules For Areas With Unique Air Quality Needs:

- 0210-0220 Continuous Monitoring & Source Testing: Medford-Ashland & Grants Pass area

- 0430 Source Testing: Lakeview area

§110(a)(2)(G)

Authority to declare air pollution emergency and notify public

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

On June 23, 2010, Oregon submitted a revised SIP indicating significant harm levels for PM_2.5.

Oregon Revised Statues:

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

-  0030 Episode Stage Criteria for Air Pollution Emergencies

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).

§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 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.

§110(a)(2)(I)

Nonattainment areas (interstate transport)

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);

Oregon Revised Statues:

ORS 468A.025 Air purity standards; air quality standards; treatment and control of emissions; rules. EQC may establish…

(1) areas of the state & prescribe the degree of air pollution or air contamination that may be permitted

(4) (c) require controls necessary to achieve air quality standards

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

Oregon Administrative Rules:

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.

§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 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

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

§110(a)(2)(J)

(Section 127 public notification)

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

Oregon Revised Statutes:

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

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

Oregon Administrative Rules:

OAR 340-206 Air Pollution Emergencies Provides for public notification for both emergency and non-emergency AQ conditions.

§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);

Oregon Revised Statutes:

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.

OAR 340-204 Designation of Air Quality Areas

- 0050 - 0060 Designation & re-designation of PSD areas

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.

OAR 340-225 Air Quality Analysis Requirements

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

§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 468.035 (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.

-0045 Requirements for Analysis in Maintenance Areas

-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

-0070 Requirements for Demonstrating Compliance with AQRV Protection

§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 468.065 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.

Oregon Administrative Rules:

OAR 340-216 Air contaminant Discharge Permits:

Requires payment of permit fees.

- 0020 (Table 2) ACDP Fee Schedule

- 0090 (Table 1) Sources Subject to ADCP and Fees

§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 Statues:

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.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.

-0020 defines a “Regional Agency”.

-0040 describes inclusion of the regional agency’s actions into the SIP.

OAR 340-204 Designation of Air Quality Areas Includes Designation of Control Areas within Lane County.

OAR 340-216 Air Contaminant Discharge Permits Relating to ACDP includes authorities for LRAPA and inclusion in the SIP.