1. RULE (citation and description): 340-226-0300 through 340-226-0320, particulate process weight emission standards.
2. PROBLEM(S):
a. The process weight emission limits are less stringent than other applicable standards in almost all cases, but it is difficult to use the streamlining provision is Title V due to process variability and lack of design parameters for converting the standards to a common basis.
b. Compliance monitoring is not specified in the rules.
3. AFFECTED PROGRAMS:
a. ACDP
b. Title V Permitting
4. REGULATORY STREAMLINING (Executive Order Number EO-03-01):
Permitting: Changes would make it easier to write permits because fewer standards would have to be included in the permits. In addition, multiple standards would not apply to a single piece of equipment or process.
Compliance: Making the requirements clearer, will make it easier to determine compliance for the both the source and the DEQ. Eliminating the process weight emission limit will provide equity for the sources and TACT can be used when a more stringent emission limit is necessary or warranted.
5. RULE FIX OPTIONS:
a. Delete the process weight emission limits in OAR 340-226-0300 through 340-226-0320.
b. If the rules are retained, limit the applicability to specific sources where it has been shown that the limit is more stringent than other standards (see below).
6. ISSUES:
Statutory authority: ORS 468.020 and 468A.025
Stringency:
Eliminating the process weight emission limit may be considered environmental backsliding on face value. Therefore, it will be necessary to determine how many sources will be affected and show that the standards are currently less stringent than other standards. If the standard is more stringent in some cases, show that other rules can be used to achieve the same level of control.
7. RECOMMENDATIONS:
Rule language: To be determined later
Degree of difficulty (1 to 10 with 10 the most difficult): Probably 10 because of the stringency issue.
Stake holder meetings/advisory group: To be determined, but probably need to involve regulated sources early in the rulemaking process.
HOT MIX ASPHALT PLANTS
1. RULE (citation and description):
OAR 340-236-0410, Specific Industry Standard for Hot-mix Asphalt Plants
2. PROBLEM(S):
The rule is outdated and unnecessary and can be replaced with other existing standards or rules.
3. AFFECTED PROGRAMS:
Air Quality
4. REGULATORY STREAMLINING (Executive Order Number EO-03-01):
Permitting: Elimination of the Process Weight rule will simplify permits.
Compliance: Deleting the Process Weight requirement will make compliance testing somewhat easier for affected sources.
5. RULE FIX OPTIONS:
Delete existing rule in its entirety. Other existing rules would apply to asphalt plants directly without need for a special rule.
Alternatively, delete existing language and replace with 2 provisions: (1) facilities that are subject to the NSPS must meet the NSPS requirements; and (2) facilities not subject to (1) must meet the statewide 0.1 (or 0.10) gr/dscf PM standard.
6. ISSUES:
Statutory authority -
Stringency (impact on regulated sources) - Little impact on regulated sources, somewhat simpler permit and testing requirements.
Environmental backsliding (impact on environment) - No impact on the environment is expected from this rule change. Hot-mix asphalt plants will continue to operate as they do currently, and emissions will not change.
SIP revision - Appendix 7 (protection of NAAQS and PSD increment)
7. RECOMMENDATIONS:
Rule language
Degree of difficulty (1 to 10 with 10 the most difficult)
Stake holder meetings/advisory group