RE: Rule Notice LRAPA open burning pg redline

DETP/19/15745

''Wednesday, July 17, 2019 at 4:07:04 PM (GMT+07:00) Goldstein, Meyer:'' Rule Caption: Incorporate Lane Regional Air Protection Agency Rules for permitting requirements into State Implementation Plan Adm. Order No.: DEQ 6-2014 Filed with Sec. of State: 3-31-2014 Certified to be Effective: 3-31-14 Notice Publication Date: 1-1-2014 Rules Amended: 340-200-0040 Subject: The Environmental Quality Commission adopted rule amendments to incorporate Lane Regional Air Protection Agency revised regulations for air quality permits into Oregon’s State Implementation Plan in Oregon Administrative Rule 340-200-0040. The LRAPA Board of Directors adopted the rules revisions in an effort to bring LRAPA in line with state rules and better coordinate with state and federal requirements. The LRAPA rules contain: - U.S. Environmental Protection Agency’s thresholds for New Source Review and Prevention of Significant Deterioration for fine particulate matter (PM2.5) and greenhouse gases - New and amended federal New Source Performance Standards and National Emission standards for Hazardous Air Pollutants applicable to non-major or area sources including aluminum, copper, and other nonferrous foundries; chemical manufacturing; ferroalloy production; metal fabrication and finishing; paint stripping and miscellaneous surface coating operations; and plating and polishing operations - Permitting requirements necessary to implement the federal standards - Registration options as an alternative to permitting - Exemptions to permitting for emergency-use and small electrical power generating units - Statutory requirements for small scale local energy projects - Corrections to rule citations and definitions of terms Brief history LRAPA, in consultation with DEQ and the U.S. Environmental Protection Agency, is responsible for ensuring that Lane County communities comply with federal air quality health standards, including enacting plans to restore healthy air quality in any area violating standards. LRAPA conducts air monitoring, permitting and compliance, inspection and enforcement, and regulates open burning and asbestos abatement throughout Lane County. It also has a woodstove advisory program, an open burning advisory program and conducts special projects focused on air quality. Funding sources for LRAPA include dues from Lane County and cities in Lane County and fees from industrial and other permitted sources. Additionally, LRAPA coordinates with DEQ to obtain EPA funding and state general funds. On April 25, 2011, the LRAPA Board of Directors adopted amendments to the permitting rules, and the rules have been in effect in Lane County since their adoption. The Environmental Quality Commission and DEQ have oversight authority to ensure LRAPA meets Clean Air Act requirements. The State Implementation Plan is the State of Oregon Clean Air Act Implementation Plan that EQC adopts under OAR 340-200-0040 and EPA approves. EQC reviews LRAPA rules to determine if they comply with state law and the Clean Air Act. If they comply, EQC approves the LRAPA rules and revisions to OAR 340-200-0040 and directs DEQ to submit the approved rules to EPA for federal approval as State Implementation Plan amendments. Typically, DEQ presents LRAPA rules to EQC for consideration immediately upon adoption by the LRAPA board. EPA’s public notice requirements are above and beyond Oregon’s requirements and several years ago, DEQ and LRAPA held a joint public notice that met Oregon requirements, but determined that process did not meet EPA’s requirements for State Implementation Plan rules. Performing rulemaking is resource intensive and DEQ was unable to perform the additional public notice requirements until now. Regulated parties The rule amendments do not change the regulated parties or requirements for regulated parties from the rules that LRAPA’s board adopted in 2011. The regulated parties are subject to LRAPA’s Air Contaminant Discharge Permit and Title V Operating Permit requirements. The 2011 LRAPA rules: - Affect facilities in Lane County. - Regulate emissions of PM2.5 and greenhouse gases at all stationary sources emitting more than the ‘de minimis’ level of these pollutants. - Regulate motor vehicle and mobile equipment surface coating and metal fabrication facilities subject to new and modified National Emission Standards for Hazardous Air Pollutants.