State of Oregon

Department of Environmental Quality  Memorandum

 

Date:  Feb. 16, 2018

 

To:    Environmental Quality Commission

 

From:    Merlyn Hough, Director of LRAPA

 

Subject:  Agenda item #, Action item: Update LRAPA’s air quality rules to address regulatory updates for industrial and commercial activities for Commission approval

   March 21-22, 2018, EQC meeting

 

Why this is important

ORS 468A.135(3) and OAR 340-200-0010(3) require that the commission reviews and approve all air quality standards adopted by regional authorities before any such standards are enforced.

  

Background

 

LRAPA proposes to streamline, reorganize and update Lane County’s air quality permit rules. LRAPA also proposes changes to particulate matter emission standards and the preconstruction permitting program to make rules at least as stringent as the state’s. In addition, LRAPA proposes rules to:

 Remove certain greenhouse gas permitting requirements to align with the June 23, 2014 Supreme Court decision,

 Expand preconstruction permitting flexibility for small facilities,

 Specify small source permitting exemptions, and

 Increase Air Contaminant Discharge Permit (ACDP) Fees.

 

The Staff Report describes the proposed rules under the following eight categories:

 

1.  Clarify and update air quality rules

2.  Update particulate matter emission standards

3.  Change permitting requirements for emergency generators and small natural gas or oil-fired equipment

4.  Establish two new state air quality area designations, “sustainment” and “reattainment,” to help areas avoid and more quickly end a federal nonattainment designation

5.  Designate Oakridge as a state reattainment area while retaining its federal nonattainment designation

6.  Change the New Source Review preconstruction permitting program

7.  Adjust industrial and commercial activity levels below which some categories of sources are exempt from permitting

8.  Increase Air Contaminant Discharge Permit (ACDP) fees by 10% and change the annual increase from the Consumer Price Index (CPI) to 4%.

 

LRAPA recommendation

LRAPA recommends that the Oregon Environmental Quality Commission review and approve the proposed LRAPA air quality changes as seen in Attachment B.

 

Attachments

A. Staff Report – Notice of rulemaking including Statement of Need, etc.

B. Proposed rules – redline/strikethrough

C. Board Roadmap

D. Oakridge Reattainment Area Supplemental Information

E. Crosswalk of proposed revisions

  

 

 

Report prepared by Max Hueftle

LRAPA Permit Section Manager