Air Quality Rule Changes and Updates - Stakeholder Meetings – Advance Notice

Greetings,

You are invited to participate in a stakeholder meeting hosted by Oregon DEQ to discuss potential air quality rule revisions prior to releasing proposed rules for public comment. We’d like to share conceptual information about the rule changes being considered and hear from you. Potential revisions include:

•  Changes to the particulate matter and opacity standards

•  Changes to the New Source Review program:

◦  Align DEQ’s definition of major source with EPA’s definition

◦  Add provisions to help communities improve and maintain air quality

◦  Change the criteria businesses located in sensitive areas must meet to demonstrate that they will provide a net air quality benefit

◦  Add provisions for construction extensions

◦  Clarify rules governing splitting businesses

•  Changes to make air quality rules clearer:

◦  Remove redundant definitions

◦  Move definitions that contained procedures to divisions where they apply

◦  Remove obsolete rules that have been replaced by more stringent federal requirements

•  Changes to the definition of categorically insignificant activities for fuel burning equipment and emergency generators

Stakeholder Meetings

DEQ is hosting stakeholder meetings where we will provide information about the rule changes being considered and welcome your feedback.

Meeting Dates and Information

Public Participation

DEQ is planning to release proposed rules for public comment in October 2013 and recommend adoption at the March 2014 meeting of the Environmental Quality Commission. DEQ would like to discuss potential rule changes before the public comment period. Citizens who wish to discuss the concepts are encouraged to communicate directly with DEQ staff or attend stakeholder meetings.

Contact Information

For more information about DEQ’s upcoming rulemaking or to be added to the interested parties list if you did not receive this notice directly, contact Jill Inahara at 503-229-5001 or inahara.jill@deq.state.or.us.

Rule changes being considered include the following:

Updates to particulate matter standards

Changing the particulate emissions concentration standards in divisions 226 and 228 that apply to pre-1970 units from 0.2 grains/dry standard cubic foot (gr/dscf) and 0.1 gr/dscf to 0.10 gr/dscf with a phased in schedule.

Lowering the 40 percent opacity standard in division 208 that applies to pre-1970 units to 20 percent, except the 40 percent limit would continue to apply during grate cleaning and soot blowing operations.

Basing opacity standards on a 6-minute average, consistent with the compliance test method (EPA Method 9), instead of the current 3 minute aggregate period. The new particulate matter standards would help to maintain and protect the PM_2.5 ambient air quality standards.

New Source Review program

Changing the New Source Review program to better address ambient air quality problems in an area.

Net Air Quality Benefit

Changing the criteria for demonstrating that emissions offsets required for new or modified businesses in nonattainment and sensitive areas would provide a net air quality benefit to the area. Current rules are overly focused on the impacts from individual businesses and do not adequately consider the overall benefits of a project, including emission offsets obtained from other businesses in the area.

Extensions for New Source Review permits

Clarifying the requirements for granting an extension to construct for businesses that obtained approval to construct under the New Source Review program if construction is delayed.

Splitting businesses

Clarifying that when one source splits up into 2 or more businesses, permitted emissions transfer to the new businesses with the same primary 2-digit SIC as the original source with the exception that emissions could transfer to a combined heat and power facility (aka co-gen) that supported the primary SIC.

Making rules clearer

•  Reorganizing rules that are currently placed in the “definitions” section when they should be listed in the procedures

•  Providing clarification where needed

•  Deleting unused or redundant definitions

•  Basic editing: Correcting spelling errors, citing correct rule references, etc.

•  Updating the Continuous Monitoring and Source Sampling Manual

Small sources previously categorized as “insignificant”

There are new national emission standards for hazardous pollutants from emergency generators, which are currently included in the list of categorically insignificant sources. There are also some businesses that have multiple emergency generators and fuel burning equipment that in aggregate could potentially have significant emissions. DEQ is considering regulating these types of sources that were previously thought to be insignificant.