DIRECTOR.REPORT.TO.EQC

DETP/19/16287

''Wednesday, July 17, 2019 at 4:48:27 PM (GMT+07:00) Goldstein, Meyer:'' Rule Caption: Increase Air Contaminant Discharge Permit Fees Adm. Order No.: DEQ 9-2014 Filed with Sec. of State: 6-26-2014 Certified to be Effective: 6-26-14 Notice Publication Date: 4-1-2014 Rules Adopted: 340-216-8010, 340-216-8020 Rules Amended: 340-210-0100, 340-216-0020, 340-216-0025, 340-216-0040, 340-216-0052, 340-216-0054, 340-216-0056, 340-216-0060, 340-216-0062, 340-216-0064, 340-216-0066, 340-216-0070, 340-216-0090 Subject: The Oregon Environmental Quality Commission adopted rules revisions to: - Increase air contaminant discharge permit fees. The 2013 Oregon Legislature authorized a 20 percent fee increase to restore services for operating Oregon’s air contaminant discharge permit program. The fee increase prevents DEQ from losing 3.67 full-time equivalent positions authorized in DEQ’s 2013 legislatively approved budget. - Establish a lower application fee for greenhouse gas permits. The lower application fee applies to facilities that require a New Source Review or Prevention of Significant Deterioration permit for greenhouse gases when obtaining an air contaminant discharge permit or modifying their existing permit. - Adjust the calculation for greenhouse gas reporting fees. The rules adjust the percentage of the air contaminant discharge permit fee used to calculate greenhouse gas reporting fees from 15 percent to 12.5 percent. This technical correction prevents the 20-percent air contaminant discharge fee increase from also increasing the current greenhouse gas reporting fees. - Amend the low fee eligibility criteria. The rules make it easier for permitted facilities and DEQ to determine low fee eligibility for simple air contaminant discharge permits. The amendment changes the period used to capture eligibility data from rolling 12 months to a calendar year. Background The air contaminant discharge permit program is part of Oregon’s federally-approved State Implementation Plan required to meet national air quality standards. Oregon’s air contaminant discharge permit program: - Administers federal health standards, air toxic requirements and other regulations. - Reduces the number of unhealthy air days and health risks from air toxics. - Issues, renews or modifies permits to prevent or reduce air pollution through permit requirements. - Ensures that existing pollution sources comply with state and federal air emissions standards. - Ensures that new sources of air pollution install controls such as filtration equipment, combustion controls and vapor controls needed to protect air quality. - Provides other essential services such as State Implementation Plan development, emission inventories, technical assistance, inspections, enforcement, rule and policy development, data management and reporting to EPA. The permit fees also help support a portion of air quality monitoring, planning, and agency central services such as accounting and human resources. Ninety-two percent of the revenue that Oregon needs to provide the requisite air quality program services comes from permit fees. State General Fund and federal funds provide the balance. In 2013, the Environmental Quality Commission temporarily amended air contaminant discharge permit rules to allow DEQ to issue the 2014 annual fee invoices on schedule. The temporary rules adopted in October 2013 included the legislatively-approved fee increase and the technical correction to the greenhouse gas reporting fee. Regulated parties The amendments affect: - Facilities that currently have an air contaminant discharge permit and any facility that applies for this type of permit in the future. - Small facilities that do not have a permit, but are registered with the permit program and under OAR Chapter 340 Division 210 in lieu of holding a permit, such as dry cleaners and auto body shops. - New facilities that are categorized as major sources of greenhouse gases and those that make major modifications to existing greenhouse gas existing facilities.