1.  RULE (citation and description): 340-208-0210, Fugitive emission requirements

2.  PROBLEM(S):

a.  The requirements only apply in special control areas creating an inequity for sources.

b.  The requirements for controlling fugitive emissions are too vague.

c.  It is difficult to monitor compliance with the requirements.

3.  AFFECTED PROGRAMS:

a.  ACDP

b.  Title V Permitting

c.  Complaints related to non-permitted sources

4.  REGULATORY STREAMLINING (Executive Order Number EO-03-01):

Permitting:  If the fugitive emission requirements are applicable state wide, the visible emissions (opacity) standard for fugitive emission sources can be eliminated. In other words, the two changes will go hand-in-hand.

Once the fugitive emissions standards apply state-wide, standardized permit conditions can be included in the permits, simplifying permit writing.

Compliance:  Making the requirements clearer, will make it easier to determine compliance for the both the source and the DEQ.

5.  RULE FIX OPTIONS:

a.  Delete the applicability rule (OAR 340-208-0200) or modify so that the rules apply to all sources in the state unless there is a source specific standard (e.g., NSPS).

b.  Make it clear when fugitive emissions have to be controlled. Perhaps this could be based on visible emissions for a certain amount of time observed more than x number of times during a month or year and/or visible emissions leaving the plant site.

c.  Develop compliance monitoring for the requirements.

6.  ISSUES:

Statutory authority:  ORS 468.020 and 468A.025

Stringency:  

Fugitive emissions are difficult to regulate and enforcement is hampered by the current rules. However, beefing up the fugitive emissions requirements may be considered an increase in stringency so they have to be coordinated with the changes to the visible emission standards.

7.  RECOMMENDATIONS:

Rule language:  To be determined later

Degree of difficulty (1 to 10 with 10 the most difficult):  Probably 10 because of the numerous changes.

Stake holder meetings/advisory group:  To be determined, but probably need to involve regulated sources early in the rulemaking process.