Rulemaking Announcement
Updating Oregon’s air quality rules to address federal regulations
DEQ invites your input on proposed permanent rule amendments and adoptions to chapter 340 of the Oregon Administrative Rules.
DEQ proposal
DEQ proposes the following rule amendments and adoptions to implement federal air quality regulations. The proposal would affect OAR 340-230, 238 and 244. The rulemaking proposal would adopt new and amended federal air quality regulations.
Specifically, the amendments would align Oregon’s rules with the following recent changes to federal emission standards:
• Adopt by reference new federal area source NESHAP for commercial, industrial, and institutional boilers, for permitted sources only; new federal major and area source NESHAP for stationary reciprocating internal combustion engines, for permitted sources only; new federal major source NESHAP for commercial, industrial, and institutional boilers and process heaters; new federal NSPSs for stationary reciprocating internal combustion engines, for permitted sources only, and excluding the requirements for engine manufacturers; new federal NSPS for commercial and industrial solid waste incineration units; new federal NSPS for nitric acid plants; and new federal NSPS for crude oil and natural gas production, transmission and distribution.
• Adopt rules to implement the federal Emission Guidelines for commercial and industrial solid waste incineration units.
• Adopt by reference the federal plan for hospital, medical, and infectious waste incinerators.
• Update the adoption of previously adopted NESHAPs and NSPSs.
Our objective
The need to maintain Oregon rules is ongoing because federal requirements change regularly. This rulemaking will update DEQ rules to ensure Oregon regulations are up to date with respect to federal air quality regulations. Doing so will ensure compliance with our obligation to EPA under the Performance Partnership Agreement and delegation approval.
This rulemaking also seeks to protect public health, implement federally-delegated programs that regulate hazardous air pollutants and other air pollutants, and improve Oregon’s implementation of these programs.
You can participate!
Sign up for notices
Get email updates about the proposed rules by signing up at LINK.
Attend a hearing
DEQ invites you to attend one of the public hearings listed below. The presiding officer will provide a brief overview of the proposal before inviting your spoken or written comment.
Portland, 5 p.m., Oct. 28, 2013, DEQ Headquarters Building, Room EQCA on the 10th Floor, 811 SW 6th Ave, Portland, OR, 97204. Presiding Officer: Gregg Dahmen
If unable to attend the hearing in person, you can also participate by conference line at the following locations:
DEQ - Bend Regional Office
Conference Room
475 NE Bellevue Dr., Suite 110
Bend, OR 97701
DEQ - Medford Regional Office
Conference Room
221 Stewart Ave, Suite 201
Medford, OR 97501
Submit written comments
DEQ invites you to submit written comments by:
Comment-NESHAP-NSPS@deq.state.or.us
Oregon DEQ, Air Quality Division
Attn: Jerry Ebersole
811 SW 6th Ave
Portland, OR 97204
FAX
Attn: Jerry Ebersole
(503) 229-5675
Comment deadline
To consider comments on the proposed rule, DEQ must receive the comment by
5 p.m. on Friday, Oct. 31, 2013.
Who does this affect?
This rulemaking regulates:
• Facilities subject to newly promulgated NESHAPs and NSPSs;
• Facilities subject to the proposed rules to implement the federal Emission Guidelines for commercial and industrial solid waste incineration units;
• Facilities subject to the federal plan for hospital, medical, and infectious waste incinerators; and
• Facilities and equipment subject to recently amended NESHAPs.
What has happened so far?
Documents used to develop proposal
DEQ relied on the following documents when considering the need for the proposed rule and to prepare the rulemaking documents.
What’s going to happen next?
We will review all comments
DEQ will review all spoken and written comments. We may modify the rule proposal based on the comments.
Next, we’ll prepare a written response to all comments received by the comment deadline. The comments and DEQ’s response will become part of the staff report that will go to the Environmental Quality Commission for final decision.
Present proposal to the EQC
The Governor selected the 5 members of the EQC to review all proposed changes to division 340 of the Oregon Administrative Rules. It is up to the EQC whether to approve the proposed changes or not.
DEQ plans to take this proposal to the EQC for final decision at their meeting on Mar. 19 and 20, 2014.
Accessibility information
Please notify DEQ of any special physical or language accommodations or if you need information in large print, Braille or another format. To make these arrangements, contact DEQ Communications and Outreach at 503-229-5696 or call toll-free in Oregon at 1-800-452-4011; fax to 503-229-6762; or email to
Glossary
ACDP – Air Contaminant Discharge Permit
DEQ – Department of Environmental Quality
EPA – U.S. Environmental Protection Agency
EQC – Environmental Quality Commission, a five-member panel of Oregonians appointed by the governor for four-year terms to serve as DEQ’s policy and rulemaking board
NESHAP – National Emission Standards for Hazardous Air Pollutants
NSPS – New Source Performance Standards