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DETP/19/35115

''Monday, July 29, 2019 at 12:17:23 PM (GMT+07:00) Goldstein, Meyer:'' Rule Caption: Update Oregon’s air quality rules to address federal regulations Adm. Order No.: DEQ 6-2017 Filed with Sec. of State: 7-13-2017 Certified to be Effective: 7-13-17 Notice Publication Date: 12-1-2016 Rules Amended: 340-230-0500, 340-238-0040, 340-238-0060, 340-244-0030, 340-244-0220 Subject: DEQ recommended and the Environmental Quality Commission adopted rule amendments as part of Chapter 340 of the Oregon Administrative Rules that include: - Incorporating new federal standards for crude oil and natural gas facilities; electric generating units; kraft pulp mills; and wool fiberglass manufacturing; - Incorporating newly amended federal standards; and - Amendments to the rule and state plan that implement the federal emission guidelines for commercial and industrial solid waste incineration units Brief history The federal Clean Air Act requires the U.S. Environmental Protection Agency to establish National Emission Standards for Hazardous Air Pollutants, known as NESHAPs, for both major and area sources of hazardous air pollutants. EPA finished establishing major source standards in 2004. EPA began establishing area source standards in 2006 and concluded in 2011. EPA may adopt additional NESHAPs in the future for new source categories. The Clean Air Act also requires EPA to develop New Source Performance Standards for categories of sources that cause, or significantly contribute to, air pollution that may endanger public health or welfare. Such regulations apply to each new source within a category without regard to source location or existing air quality. When EPA establishes New Source Performance Standards for a category of sources, it may also establish emission guidelines for existing sources in the same category. States must develop rules and a state plan to implement Emission Guidelines or request delegation of the federal plan. State plans, called Section 111(d) plans, are subject to EPA review and approval. EPA performs a residual risk analysis for major source NESHAPs and periodic technology reviews for New Source Performance Standards and NESHAPs. These reviews are ongoing and in some cases result in EPA updating the standards. EPA also revises NESHAPs to address errors, implementation issues and lawsuits. Regulated parties This rulemaking affects facilities subject to new and modified NESHAPs, New Source Performance Standards, and Emission Guidelines outlined below. Outline The Environmental Quality Commission: 1. Adopted new rules to incorporate by reference the new federal New Source Performance Standards for: a. Kraft pulp mills for which construction, reconstruction, or modification commences after May 23, 2013, b. Crude oil and natural gas facilities for which construction, modification, or reconstruction commenced after Sep. 18, 2015, and c. Greenhouse gas emissions for electric generating units. 2. Adopted new rules to incorporate by reference the new federal area source NESHAPs for wool fiberglass manufacturing. 3. Updated existing rules to incorporate the following federal changes by reference. These updates are incorporated into the rules by updating the version of the Code of Federal Regulations in the definitions in OAR Chapter 340 divisions 238 and 244, as described below: a. Amended federal area source NESHAPs for: - Electric arc furnaces steelmaking facilities (residual risk and technology review) - Polyvinyl chloride and copolymers production b. Amended federal major source NESHAPs for: - Aerospace manufacturing and rework (residual risk and technology review) - Amino and phenolic resin manufacturing (residual risk and technology review) - Brick and structural clay products manufacturing - Clay ceramics manufacturing - Electric utility steam generating units - Ferroalloys production: ferromanganese and silicomanganese - Flexible polyurethane foam production (residual risk and technology review) - Generic maximum achievable control technology (residual risk and technology review) - Industrial, commercial, and industrial boilers and process heaters - Marine tank loading operations - Mineral wool production - Offsite waste and recovery (residual risk and technology review) - Pesticide active ingredient production (residual risk and technology review) - Petroleum refineries - Petroleum refineries - catalytic cracking, catalytic reforming and sulfur recovery - Phosphate fertilizer production (residual risk and technology review) - Phosphoric acid manufacturing (residual risk and technology review) - Polyether polyols production (residual risk and technology review) - Polymer and resin production (residual risk and technology review) - Portland cement manufacturing - Primary aluminum reduction (residual risk and technology review) - Secondary lead smelting c. Amended federal major and area source NESHAPs for: - Chromium electroplating and anodizing - Secondary aluminum production (residual risk and technology review) d. Amended federal New Source Performance Standards for: - Commercial and industrial solid waste incineration units - Crude oil and natural gas production, transmission and distribution - Electric utility steam generating units - Nitric acid plants - Onshore natural gas processing - Petroleum refineries - Phosphate fertilizer plants - Polymer manufacturing - Portland cement plants - Rubber tire manufacturing - Stationary gas turbines - Synthetic organic chemical manufacturing 4. Updated an existing rule and the state plan to implement federal changes to the emission guidelines for commercial and industrial solid waste incineration units