State of Oregon

 DEPARTMENT OF ENVIRONMENTAL QUALITY

Land Use Evaluation Statement

Rulemaking Proposal

 For

 Air Quality Rule Overhaul

The Oregon Department of Environmental Quality (DEQ) is proposing rules that would reorganize and rectify procedural permitting requirements, add requirements for areas violating standards, and repeal outdated rules.

1.  Explain the purpose of the proposed rules.

Reorganize and Rectify Procedural Permitting Requirements: The proposed rules would move all the procedural requirements from the definitions to the appropriate rule division. They would also rectify requirements for new and modified sources that trigger the most extensive permitting requirements, making them congruent to the potential impact on the environment.

Particulate Matter Permitting Requirements: DEQ is proposing rules to tighten grain loading and opacity standards based on EPA guidance and recently adopted fine particle national ambient air quality standards (NAAQS). As a result of the new EPA standards, there are areas in Oregon where the air quality does not meet these human health based standards. Adoption of the rules will reduce emissions in all areas and will help prevent future problems, especially in light of EPA’s plan to reduce the PM_2.5 NAAQS even further.

Housekeeping Rule Changes: In 2007, DEQ did the second phase of streamlining the Air Quality Program’s permitting process. This rulemaking proposes to further streamline and update the permitting process by clarifying requirements, eliminating duplicative and conflicting standards, keeping rules in line with federal requirements and correcting errors while maintaining equivalent environmental protection and stringency. It also repeals rules for which there are no longer such sources in the state, e.g., aluminum plants, ferronickel processing plants, and sulfite pulp mills. This third phase of streamlining would not reduce DEQ staffing but would make the permitting process more efficient.

2.  Do the proposed rules affect existing rules, programs or activities that are considered land use programs in the DEQ State Agency Coordination (SAC) Program?

 Yes X  No  

 a.  If yes, identify existing program/rule/activity:

The proposed rules will affect the existing DEQ stationary source permitting programs that are considered land use programs (OAR Chapter 340, Divisions 216, and 218). The air quality permit programs require that a new source provide a Land Use Compatibility Statement (LUCS) from local government when applying for a permit. This assures that the source is an approved use for the property where it is located. Existing permittees have provided a LUCS, which are on file with DEQ. No change in the land use procedures in the air quality permitting program is proposed.

 b.  If yes, do the existing statewide goal compliance and local plan compatibility procedures adequately cover the proposed rules?

   Yes X  No   (if no, explain):

Existing procedures already adequately cover the proposed rules. Standards for particulate matter will be tightened, but the requirements for the permitting of these activities and the review of their land use impacts remain unchanged.

 c.  If no, apply the following criteria to the proposed rules.

   Not applicable

   In the space below, state if the proposed rules are considered programs affecting land use. State the criteria and reasons for the determination.

Not applicable

3.  If the proposed rules have been determined a land use program under 2. above, but are not subject to existing land use compliance and compatibility procedures, explain the new procedures the Department will use to ensure compliance and compatibility.

Not applicable