Secretary of State
STATEMENT OF NEED AND FISCAL IMPACT
A Notice of Proposed Rulemaking Hearing or a Notice of Proposed Rulemaking accompanies this form.
Department of Environmental Quality OAR Chapter 340
Agency and Division Administrative Rules Chapter Number
Industrial streamlining rule corrections
Rule Caption (Not more than 15 words that reasonably identifies the subject matter of the agency’s intended action.)
In the Matter of: Industrial streamlining rule corrections
Statutory Authority: ORS 468A.135
Other Authority: LRAPA Titles 13 and 14
Stats. Implemented: ORS 468A.025
Need for the Rule(s): These are corrections to the Industrial Streamlining Rule Changes that the LRAPA Board of Directors
voted to adopt at their October 14, 2008 meeting. Eleven of the 18 changes are to make typographical corrections in rule citations and references to other rules citations. Two changes involve adding the definitions of "Unassigned Emissions" and "Title I modification" to Title 12 that were intended to be included in the original streamlining. One correction aligns the opacity limitation language for crematory units in the general permit with the rules. The rest of the changes allow LRAPA to keep small
sources on the lowest cost permits by removing de minimis production/throughput thresholds for several source categories and allowing more expanded criteria for sources to obtain a Simple permit under the low fee category.
If the EQC adopts the rule, the amendments will be submitted by DEQ to the U. S. Environmental Protection Agency as a revision to the State of Oregon Clean Air Act State Implementation Plan.
Documents Relied Upon, and where they are available: LRAPA's Rules and Regulations permit program streamlining and updates as adopted by the Board on October 14, 2008 available at www.lrapa.org.
Fiscal and Economic Impact: Most of these changes will correct typographical errors and will have no economic impact.
However there are changes that would expand LRAPA's ability to permit coffee roasters with less than 30 tons/year of throughput on Basic ACDPs. The rules also expand the criteria for Simple ACDPs under the "low" fee category.
Statement of Cost of Compliance:
Overview: Most of these changes will correct typographical errors and will have no economic impact. However there are changes that would expand LRAPA's ability to permit coffee roasters with less than 30 tons/year of throughput on Basic ACDPs. The rules also expand the criteria for Simple ACDPs under the "low" fee category.
1. Impact on state agencies, units of local government and the public (ORS 183.335(2)(b)(E)): LRAPA does not expect any impacts on local government. LRAPA does not expect any impacts on any state governmental agencies. These rulemaking corrections would allow LRAPA to maintain some smaller existing and new sources on the lowest cost permits. The economic impacts assume LRAPA continues to permit the same sources in a similar manner as the Agency has done for many years.
2. Cost of compliance effect on small business (ORS 183.336): LRAPA does not expect any significant impact to small businesses. The rules would maintain the way sources of these types were permitted prior to the industrial streamlining rule changes and as intended upon original adoption of the rules.
a. Estimate the number of small businesses and types of business and industries with small businesses subject to the rule: Ten to 15 small businesses will be affected by the rulemaking including coffee roasters, unlisted sources with less than five tons/year of PM10 and less than 10 tons/year of any other criteria pollutant.
b. Projected reporting, recordkeeping and other administrative activities required for compliance, including costs of professional services: None. These changes would maintain the status quo.
c. Equipment, supplies, labor and increased administration required for compliance: None.
How were small businesses involved in the development of this rule? They were involved during the original rulemaking in 2008 and feedback from small businesses helped shape the corrections at this time.
Administrative Rule Advisory Committee consulted?: No
If not, why?: LRAPA's Advisory Committee was not used in this proposed rulemaking since these were
determined to be relatively straightforward corrections to the Industrial Streamlining Rules.
Signature Printed name Date
Administrative Rules Unit, Archives Division, Secretary of State, 800 Summer Street NE, Salem, Oregon 97310. ARC 925-2007