July 14, 2014
Oregon Department of Environmental Quality
811 SW 6th Avenue
Portland, Oregon 97204
Lake County
513 Center Street
Lakeview, Oregon 97630
Town of Lakeview
525 North First Street
Lakeview, Oregon 97630
Dear Parties:
Thank you for the opportunity to provide comment to the final Lakeview Area – Particulate Matter (PM2.5) Advance Action Plan.
First, I would like to again thank Oregon DEQ personnel involved in the development of this plan. As I have stated publicly, DEQs involvement in the PM Advance program was unforeseen and unbudgeted, resulting in great expenditures in both staff time and monetary resources.
Additionally, DEQ decided to develop public processes and meetings – something that was not required as part of the questionable U.S. EPA Advance Program. Even this Action Plan was not a requirement of the Advance Program, and DEQ has gone to great lengths to not only address public concerns but also respond to and reflect change as a result of them in the final document. Thank you.
However, while many of the concerns I raised in my comments to the draft Action Plan have been addressed other concerns remain outstanding.
1. Emissions Inventory
Thank you for addressing my concerns regarding an incomplete emissions inventory. Your variables and models have changed radically from the draft to the final. This is reflected very well in Figure 6 (p18 draft/p11 final).
Particularly note that permitted point source 2019 forecast increased 350% from the draft, where the draft originally forecasted a 30% decrease, while residential wood combustion decreased 27% for the same timeframe.
2. Industrial Point Source Polluters
My original concern remains: There are no action items that relate to the reduction or control of permitted point source pollution sources – even during times of worst case scenario inversion. In fact, emissions for permitted point source polluters are now projected to almost double (Fig. 6) during the length of the plan.
Furthermore, the Town and County annexed 90 acres for a proposed biofuel facility on the same day that DEQ was proposing this final Action Plan. This annexation is on the south end and up wind of Town. Not only is this annexation absent from the Action Plan but so, too, are its potential affects on air quality. This is a significant omission that must be addressed before this plan if adopted by the parties.
Lastly, the Action Plan does not address future permitting of point source emissions. Applications will continue to be treated as though Lakeview were in attainment even though the Town may continue to violate the NAAQS. This means that New Source Review, Prevention of Significant Deterioration, BACT and LAER will not be applicable.
Again to my draft comments, this places the entire burden of solving the air quality problems in the Town of Lakeview upon the shoulders of residential landowners. This is a social justice issue, whereby taxpayers are subsidizing the pollution of corporations who should pay to control their garbage.
3. Legality of Advance
There is nothing that the participants can do regarding this concern, as this is under the direction of the U.S. EPA. After speaking with environmental attorneys interested in the Clean Air Act, the Advance program has not been tested in court. The Advance program is designed to encompass all regulated pollutants – PM 2.5 just one. EPA intends to expand this program in the future, using the crucible of Towns like Lakeview. No doubt from this expansion will come more opportunity to test the legality of the program.
As such, I continue to say that Lakeview is not a good fit for this program. It already far exceeds the NAAQS for PM2.5. As the final Action Plan air quality monitoring data that now includes 2013 illustrates, it is not a borderline violator of the Clean Air Act. I believe it defers nonattainment designation and, because of a lack of controls identified in the Action Plan, will result in a rush of point source polluters before the 2019 deadline.
That said, all the more reason for the Town, County and State to do their best to illustrate they are moving in the right direction and taking necessary steps by immediately implementing action items.
The Action Plan as a date of September 2014 and must be submitted to the U.S. EPA by the end of the month. Before now and then, I understand that both the Town and County must adopt codes and/or ordinances identified as action items within the plan before submission. I have been told by Mr. Caulkins that adoption of these action items is critical both Lakeview’s success in meeting the action plan objectives and to remain a PM Advance participant. I look forward to those upcoming community discussions.
Thanks once again for the opportunity to provide comments to the Action Plan.
Sincerely,
Chris Zinda
11839 Highway 395
Lakeview, Oregon 97630
541/947-2284
cc: U.S. EPA, Region 10