Topics for Senior Permit Writer February 2015 Training

DEQ roadmap of significant/substantial proposed rule changes

for the Environmental Quality Commission

DEQ division/ rule (OAR)	Description	Significant/Substantial Proposed Rule Changes	Purpose
340-200-0020	Definitions	Definition of “categorically insignificant activity” • Fuel and gas burning equipment should include the aggregate of all devices for determination of emissions. • Emergency generators and pumps should include the aggregate of all devices for determination of the horsepower rating threshold(s). • Oil/water separator equipment should include the throughput for determination of emissions.	Some equipment on the categorically insignificant activity list have significant emissions and some must comply with new EPA standards.
		Definition of “greenhouse gases” Include carbon dioxide emissions from the combustion or decomposition of biomass	EPA’s biomass deferral of CO₂ emissions from bioenergy and other biogenic sources ended on July 20, 2014. DEQ’s permitting program must be as stringent as EPA’s.
		Definition of “federal major source” and “major source” Revise/eliminate greenhouse gas thresholds	DEQ proposes rules to align with the Supreme Court decision not to require Prevention of Significant Deterioration or Title V permitting for greenhouse gas emissions alone.
340-204-0300 340-204-0310 340-204-0320	Designation of Sustainment Areas Designation of Reattainment Areas Priority Sources	DEQ proposes establishing two new designations for the air quality in a localized area - “Sustainment” and “Reattainment” areas. DEQ proposes that Lakeview be designated as a sustainment area.	Defining two new areas are part of the larger changes to the New Source Review pre-construction permitting program. These new areas will provide options for sources when constructing or modifying in these areas. Lakeview currently exceeds the ambient air quality standard for PM_2.5 but is not designated as a nonattainment area. The sustainment designation for Lakeview should help reduce emissions and allow facilities to construct or modify if air quality is protected.
340-208-0110	Visible Air Contaminant Limitations	DEQ is proposing lower opacity limits for non-wood-fired and wood-fired boilers that existed prior to June 1, 1970.	Emissions from older facilities subject to the particulate matter standards do not adequately protect air quality and can create barriers to economic development.
		DEQ is proposing to change the averaging time of the standard from an aggregation of three minutes in any one hour to a 6-minute block average.	A reference compliance method has not been developed for the 3 minute standard.
340-208-0210	Requirements for Fugitive Emissions	The proposed rule defines fugitive emissions and includes additional requirements for visible emission monitoring.	It is very difficult to read opacity from fugitive emission sources. Instead DEQ will require facilities to abate fugitive escaping from a source.
340-208-0450	Particle Fallout Limitation	Delete the phrase “when notified by the department that the deposition exists and must be controlled” that was added in 2001.	This phrase results in an unusual rule that is interpreted as follows: a source can only be in violation of this rule after DEQ staff inform the source that the deposition exists and must be controlled. Normally, a rule itself serves as the notification that a certain activity or emission is not allowed and a second notification is not required before citing a violation.
340-214-0114(5)	Records; Maintaining and Reporting	The proposed rule adds a requirement to existing recordkeeping rules specifying that records must be kept for at least five years.	Some permits require a two year recordkeeping period. DEQ will change recordkeeping requirements for all facilities to 5 years for consistency and to avoid confusion.
340-216-0040	Application Requirements	The proposed rules specify dates when permit applications for new and renewed permits are due.	In order to improve permit issuance timeliness, DEQ is requiring businesses to submit renewal applications before the expiration date, giving DEQ enough time to issue the renewal.
340-216-8010	Table 1 Activities and Sources	The proposed Table 1 specifies permitting requirements for stationary internal combustion engines, recreational vehicle manufacturing, and portable sources and separates pathological waste incinerators from crematories.	DEQ has clarified some categories that require air permits and moved definitions out of the tables to the rules.
340-222-0041	Source Specific Annual PSEL	The proposed rules direct facilities to division 224 for increases in PSELs greater than the significant emission rate for Major and State New Source Review.	DEQ proposes to separate the minor New Source Review program (some of which is contained in division 222) from the major New Source Review program because of extensive changes to the New Source Review program,
340-222-0046 340-222-0048 340-222-0051	Netting Basis Baseline Period and Baseline Emission Rate Actual Emissions	The proposed rules have been moved from the definitions in OAR 340-200-0020 and clarified.	DEQ wants a clean of set definitions that do not contain permitting procedural requirements.
340-222-0090	Combining and Splitting Sources and Changing Primary SIC Code	The proposed rule limits the scope of changes to a facility where the netting basis is allotted between two combining and/or splitting sources by the inclusion of a primary SIC code criteria.	DEQ proposes to prevent unrelated facilities from combining and avoiding New Source Review by requiring that the combining sources have activities (2-digit SIC codes) in common, and that the resulting facility has the same primary 2-digit SIC as one of the facilities that are combining.
Division 224	New Source Review	The New Source Review program consists of two distinct components, Major New Source Review (major sources) and State New Source Review (minor sources). DEQ is redefining Net Air Quality Benefit for all sources in all areas.	The proposed rule changes were made to increase permitting flexibility, remove roadblocks and improve air quality. DEQ’s rules currently have two criteria for determining whether emission offsets from a new or modified facility provide a net air quality benefit that are virtually impossible to meet.
340-225-0070(4)(b) and (7)	Requirements for Demonstrating Compliance with Air Quality Related Values Protection	DEQ is making a visibility and deposition analyses on the Columbia River Gorge National Scenic Area mandatory if affected by the source.	The Columbia River Gorge Air Study and Strategy uses the requirements of the federal Regional Haze Program to improve visibility in the Gorge. Therefore, the mandatory visibility and deposition analyses on the Columbia River Gorge are an important part of that strategy.
340-226-0210	Particulate Emission Limitations for Sources Other Than Fuel Burning, and Refuse Burning Equipment and Fugitive Emissions	DEQ is proposing lower grain loading limits for non-wood-fired and wood-fired boilers that existed prior to June 1, 1970.	Emissions from older facilities subject to the particulate matter standards do not adequately protect air quality and can create barriers to economic development.
340-228-0210	Grain loading standards (for fuel burning equipment)	DEQ is proposing lower grain loading limits for wood-fired boilers that existed prior to June 1, 1970.	See above
340-232-0110	Loading Gasoline or Volatile Organic Compound Liquids onto Marine Tank Vessels	George?
340-240-0550	Requirements for New Sources When Using Residential Wood Fuel-Fired Device Offsets	Allow facilities in all areas of the state to use woodstove offsets	Other areas besides Klamath Falls have marginal to poor air quality because of woodstove emissions.