Rule Number and Title

Amend:

OAR 340-200, General Air Pollution Procedures and Definitions

OAR 340-202  Ambient Air Quality Standards and PSD Increments

OAR 340-204  Designation of Air Quality Areas

OAR 340-206  Air Pollution Emergencies

OAR 340-208  Visible Emissions and Nuisance Requirements

OAR 340-209  Public Participation

OAR 340-210  Stationary Source Notification Requirements

OAR 340-212  Stationary Source Testing and Monitoring

OAR 340-214  Stationary Source Reporting Requirements

OAR 340-216  Air Contaminant Discharge Permits

OAR 340-218  Oregon Title V Operating Permits

OAR 340-222  Stationary Source Plant Site Emission Limits

OAR 340-224  Major New Source Review

OAR 340-225  Air Quality Analysis Requirements

OAR 340-226  General Emission Standards

OAR 340-228  Requirements For Fuel Burning Equipment and Fuel Sulfur Content

OAR 340-230  Incinerator Regulations

OAR 340-232  Emission Standards For VOC Point Sources

OAR 340-234  Emission Standards For Wood Products Industries

OAR 340-236  Emission Standards For Specific Industries

OAR 340-238  New Source Performance Standards

OAR 340-240  Rules For Areas With Unique Air Quality Needs

OAR 340-242  Rules Applicable to the Portland Area

Objective of rulemaking

The objective of this rulemaking is to

Changes Proposed

Need for this Rulemaking

What is the need for the proposed rules or amendments? Address each of the following that applies:

▪  Do the rule changes address a known environmental problem or a problem we speculate will occur? If the latter, how likely or serious is the problem? What are the consequences of not addressing it?

▪  Will the changes make it easier for the regulated community to do business? Have we consulted w/affected groups to confirm this?

▪  

▪  Will the changes make it easier for DEQ to do business? What resource savings will be achieved?

▪  Will the changes further one or more of our strategic directions?

The proposed rule changes further DEQ’s Strategic Direction of ensuring delivery of excellence through quality service and equitable compliance and enforcement. This will be done by allowing DEQ to issue timely and protective permits and not creating a large backlog of NSR/PDS permit modification applications.

▪  Do the rules achieve or maintain consistency with federal requirements or delegation of federal programs? If so, explain why that is necessary or important.

DEQ has been delegated authority to implement the NSR/PSD program. The proposed rules will maintain consistency with federal requirements and enable DEQ to retain program delegation.

Is there another compelling reason?

No

▪  Can the need be met through policy, guidance, or another alternative to rulemaking? If not, briefly explain.

The need cannot be met through policy, guidance, or another alternative to rulemaking because current rules require NSR/PSD analyses for increases in regulated pollutants above SERs. If there is no SER, analyses would be required for any increase of PM2.5 emissions.

Relevant History

Deadlines

Technical or Environmental Issues

See above in “Need for this Rulemaking”

Cross Media Issues

There are no cross media issues identified with this rulemaking.

Policy or Political Issues

There are no specific policy or potential political issues associated with this rulemaking.

Potential Impacts to MSD

There are no potential impacts to MSD related to this rulemaking.

Potential Impacts to OCE

Does this rulemaking develop new or expand existing compliance requirements?

Does this rulemaking subject previously unregulated persons to regulations?

Does this rulemaking develop a new or expand an existing permit/regulatory program?

This rulemaking does not:

•  develop new or expand existing compliance requirements (areas violating NAAQS, not quite expansion),

•  subject previously unregulated persons to regulations, or

•  develop a new or expand an existing permit/regulatory program.

Implementation Issues

Will we be able to implement the rules? Can we effectively enforce the rules? If not, have we considered another approach to compliance? If the rules will not be accompanied by new resources, what other work will not get done? Are we prepared to drop that work?

DEQ currently implements and effectively enforces the air quality permitting rules. The proposed rule changes will improve implementation by:

•  reorganizing procedural requirements in the appropriate division, instead of being scattered throughout the definitions

•  .

Have we communicated internally and externally with stakeholders? Is there an internal and external communication strategy to ensure that both DEQ staff and the regulated community are prepared for the effects of the rules? Is this strategy for both rulemaking and rule implementation?

Internal communication on the proposed rule changes has been through the lead permit writers subgroup. Stakeholders will be consulted on the proposed rule changes through the Air Quality Business and Environmental Roundtables. Ongoing communication with these groups will ensure preparedness for the effects of these rules.

5 year Review

ORS 183.405(5)(b) exempts rules that adopt federal laws or rules by reference from the 5 year review.

Stakeholders

The entities interested or potentially affected by these rules include proposed new and modified major stationary sources in all industry groups. The majority of sources potentially affected are expected to be in the following groups:

electronics; chemical manufacturing; miscellaneous chemical products; natural gas transport; power generation; pulp and paper mills; steel mills; wood products facilities.

Stakeholders will be consulted on these proposed rule changes through the Air Quality Business and Environmental Roundtables and should generally be in favor of the rule.

Effects on Small Business, Individuals

Do the rules affect individuals, small businesses or small communities? If so, what alternatives have been or will be explored to minimize costs, including different requirements for these entities? Have we evaluated the cumulative effect of DEQ requirements and considered existing requirements that could be repealed or modified as these new requirements are adopted?

The proposed rules will not affect individuals, small businesses or small communities.

Rulemaking Process

Rulemaking Team

Rulemaking Team

Member Name

Time estimate

Duration

Sponsoring DA

Andy Ginsburg

30 hours

4 months

Lead Manager

Tom Roick

50 hours

4 months

Rule writer

Jill Inahara

1000 hours

12 months

Regional Manager

Regional staff

Mark Fisher

300 hours

6 months

George Davis

200 hours

6 months

Gary Andes

100 hours

6 months

Other programs/divisions

Other agencies

Advisory Process

DEQ will meet with stakeholders through the Air Quality Business and Environmental Roundtables or may meet separately with stakeholders to describe the proposed action and discuss the effects of the rule changes. The proposal will be presented to stakeholders for comment during the public participation period of the rulemaking.

Public Involvement

Permitted sources and other interested parties will receive the permanent rulemaking proposal either in hard copy or via e-mail during the public notice process. The proposed rules will be available on the DEQ website during this period.

EQC Involvement

The EQC will be involved in tracking the progress of the Department’s proposals during the legislative session.

Rulemaking Target Dates

Milestone

Target Dates

Advisory Process (e.g., committees; workgroups)

March – June, 2012

Publication in SOS Bulletin

07/01/12

EQC rule adoption

December,, 2012