Document Review Checklist

•  Every document that will be shared with anyone outside of DEQ staff must go through management review. This includes reports and PowerPoint presentations.

•  The Notice of Rulemaking and EQC Staff Report must also be reviewed and approved by the relevant Division Administrator.

•  Each required reviewer should add their name and the date when they complete their final review and approve the document for distribution.

Instructions for this form are in gold font.

Delete all gold text before publishing document.

Links: LINK go to SharePoint rulemaking resources and should be deleted before publishing.

Table of Contents

DEQ Recommendation to the EQC  1

Introduction  2

Optional Additional Topic  3

Statement of need  4

Rules affected, authorities, supporting documents  5

Fee Analysis  6

Statement of fiscal and economic impact  7

Federal relationship  8

Land use  9

EQC Prior Involvement  10

Advisory Committee  11

Public Engagement  12

Public Hearing  13

Summary of Public Comments and DEQ Responses  14

Implementation  17

Five Year Review  18

Accessibility Information  19

DEQ Recommendation to the EQC

DEQ recommends that the Environmental Quality Commission:

Adopt the proposed rules in Attachment A as part of chapter 340 of the Oregon Administrative Rules; and

Approve incorporating the amended OAR 340-236-0010 into the Oregon Clean Air Act State Implementation Plan under OAR 340-200-0040; and

Direct DEQ to submit the SIP revision to the U.S. Environmental Protection Agency for approval.

Introduction

REVIEWERS do not edit or modify this section

Management reviewed and edited this section. It was then published with the Public Notice. Do not modify it except to correct typographical errors.

Short summary

DEQ proposes rules to adopt new and amended federal air quality regulations. This includes:

•  Adopting new federal new source performance standards for municipal solid waste landfills

•  Adopting rules to implement new federal emission guidelines for municipal solid waste landfills

•  Adopting newly amended federal standards

•  Making typographical corrections to the list of federal regulations adopted by reference

In addition to the changes above, OAR 340-236-0010 is also part of Oregon’s EPA-approved State Implementation Plan. With EQC adoption of the revised rules, the amended OAR 340-236-0010 would be submitted to EPA to be incorporated into and made part of the Oregon SIP.

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 or source categories it may have missed.

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 regulates facilities subject to new and modified NESHAPs and New Source

Performance Standards outlined below.

Request for other options

During the public comment period, DEQ requests public comment on whether to consider other options for achieving the rules’ substantive goals while reducing the rules’ negative economic impact on business.

Statement of need

REVIEWERS do not edit or modify this section

Management reviewed and edited this section. It was then published with the Public Notice. Do not modify it except to correct typographical errors.

What need would the proposed rule address?

Oregon does not have rules to implement the following federal standards and emission guidelines:

a.  Sources that may endanger public health and welfare. EPA identified municipal solid waste landfills as potentially causing or significantly contributing to air pollution that may endanger public health or welfare. EPA adopted new source performance standards to regulate the amount of emissions municipal solid waste landfills can produce to better protect public health and welfare. Not adopting federal standards impacts the public and the environment, because DEQ cannot enforce federal standards not yet adopted by EQC.

b.  Federal emission guidelines. EPA adopted emission guidelines for municipal solid waste landfills. States are required to develop rules and state plans to implement federal emission guidelines. The new guidelines update the emission guidelines for municipal solid waste landfills established by EPA in 1996.

The updated emission guidelines retain the current design capacity thresholds of 2.5 million megagrams and 2.5 million cubic meters, but reduce the nonmethane organic compounds emission threshold for the installation and removal of a gas collection and control system from 50 megagrams per year to 34 megagrams per year. A municipal solid waste landfill that exceeds the design capacity thresholds must install and start up a gas collection and control system within 30 months after landfill gas emissions reach or exceed a nonmethane organic compounds emissions level of 34 megagrams per year. Currently there are no municipal solid waste landfills in Oregon that emit between 34 and 50 megagrams of nonmethane organic compounds per year. Therefore, the proposed rules to implement the updated federal emission guidelines would not require any uncontrolled landfills to install a gas collection and control system unless in the future a landfill were to exceed the 34 megagrams per year control threshold.

The updated federal emission guidelines also add new or updated monitoring and compliance demonstration provisions that need to be incorporated into DEQ’s existing rule that implements the federal emissions guidelines.

c.  Revised federal standards. EPA revised several standards since EQC’s previous adoption of federal standards. Not adopting the most recent version of federal standards impacts Oregon businesses, because they may be subject to two different standards, the revised federal standards and the outdated state standards. Not adopting the most recent version of the federal standards also impacts the public and the environment, because DEQ cannot enforce federal standards not yet adopted by EQC.

How would the proposed rule address the need?

The proposed rules would update Oregon rules to reflect new and amended federal standards and implement the federal emission guidelines for municipal solid waste landfills. This would advance DEQ’s work to protect Oregonians from toxic pollutants by updating state rules to be consistent with federal rules.

a.  Sources that may endanger public health and welfare. DEQ proposes adopting the new federal new source performance standards for municipal solid waste landfills.

b.  Federal emission guidelines. DEQ proposes to amend its rule that implements the emission guidelines for existing municipal solid waste landfills.

c.  Revised federal standards. DEQ proposes adopting revised federal standards by reference.

How will DEQ know the rule addressed the need?

Upon EQC adoption, DEQ would submit the rules to EPA to update Oregon’s New Source

Performance Standard and NESHAP delegation. DEQ would also submit a plan to EPA to implement the federal emission guidelines for municipal solid waste landfills.

DEQ will know the goals of this rulemaking have been addressed when EPA reviews and approves the delegation request and plan to implement the updated emission guidelines for municipal solid waste landfills.

Rules affected, authorities, supporting documents

REVIEWERS do not edit or modify this section

Management reviewed and edited this section. It was then published with the Public Notice. Do not modify it except to correct typographical errors.

Lead division

Air Quality

Program or activity

Air Operations

Chapter 340 action

Statutory authority - ORS

Statute implemented - ORS

Documents relied on for rulemaking

Fee Analysis

REVIEWERS do not edit or modify this section

Management reviewed and edited this section. It was then published with the Public Notice. Do not modify it except to correct typographical errors.

This rulemaking does not involve fees.

Statement of fiscal and economic impact

REVIEWERS do not edit or modify this section

Management reviewed and edited this section. It was then published with the Public Notice. Do not modify it except to correct typographical errors.

Fiscal and Economic Impact

EPA evaluates the impacts of new federal standards when promulgated and lists them in the regulation’s preamble. The fiscal and economic impacts of the new federal standards included in this rulemaking have already occurred.

The list of proposed new and amended National Emission Standards for Hazardous Air Pollutants and New Source Performance Standards includes links to the federal rules and EPA’s evaluation of fiscal and economic impacts in their preambles. The list is available at the end of this document.

Statement of Cost of Compliance  

•  State agencies  

•  

•  DEQ expects any fiscal and economic impacts on state agencies to be the same as those estimated for local governments as discussed below.

Local governments

Direct impact: DEQ expects direct fiscal and economic impacts on local governments that operate facilities subject to federal emission standards would be the same as those estimated for small businesses.

Indirect impact: The proposed rules could have an indirect impact on local governments if large and small businesses change the price of goods and services to offset any increased or decreased costs from obtaining a permit or paying permit fees.

There would be an indirect impact on Oregon cities and counties when affected businesses that are required to have a permit request a Land Use Compatibility Statement. Local governments process those Land Use Compatibility Statements. Some cities and counties charge a fee to complete the Land Use Compatibility Statement and may have sufficient revenue to cover the added workload. Cities that do not charge a fee, or do not charge sufficient fees to cover their costs, may have new workload without adequate revenue. DEQ does not have available information to estimate these fiscal impacts.

Public

Indirect impact: The proposed rules could affect the public indirectly if large and small businesses change the price of goods and services to offset any increased or decreased costs from obtaining a permit and paying permit fees.

Direct impact: The proposed rules would not affect the public directly.

Large businesses - businesses with more than 50 employees

DEQ expects any fiscal and economic impacts on large businesses to be the same as those estimated for small businesses as discussed below.

Small businesses – businesses with 50 or fewer employees

Indirect impact: The proposed rules could have an indirect impact on small businesses if other businesses change the price of goods and services to offset any increased or decreased costs from obtaining a permit or paying a permit fee.

Direct impact: Small businesses might see increased or decreased costs due to the following proposed rules:

1.  Adopt by reference federal new source performance standards for municipal solid waste landfills.

DEQ anticipates no additional fiscal and economic impacts from adopting the federal new source performance standards for municipal solid waste landfills. The fiscal and economic impacts occurred when EPA adopted the new source performance standards. EPA provides its evaluation of the fiscal and economic effects of the new source performance standards in the preamble to the regulation.

2.  Adopt rules to implement updated federal emission guidelines for municipal solid waste landfills.

DEQ anticipates no additional fiscal and economic impacts from adopting standards equivalent to the federal emission guidelines for municipal solid waste landfills. The fiscal and economic impacts occurred when EPA adopted the federal emission guidelines. EPA provides its evaluation of the fiscal and economic effects of their guidelines in the preambles to their regulations.

3.  Update the adoption by reference of previously adopted NESHAPs and NSPSs.

DEQ anticipates no fiscal and economic impacts from updating previously adopted federal standards because the fiscal and economic impacts occurred when EPA adopted the rule amendments. EPA evaluated the fiscal and economic effects of their rules and lists those effects in the preambles to their regulations.

a. Estimated number of small businesses and types of businesses and industries with small businesses subject to proposed rule.

Estimated number of businesses subject to the federal new source performance standards and emission guidelines: municipal solid waste landfills (8).

Estimated number of businesses subject to the amended federal standards: area source industrial, commercial, and institutional boilers (26); coal and oil-fired electric utility steam generating units (1); manufacturing nutritional yeast (0); ferroalloy production (0); publicly owned treatment works (0); petroleum refineries-catalytic cracking, catalytic reforming & sulfur recovery (0); wool fiberglass manufacturing (0); petroleum refineries (0); Portland cement manufacturing (1); aerospace manufacturing and rework (0); chemical recovery combustion sources at kraft, soda, sulfite, and stand-alone semichemical pulp mills (4); phosphoric acid manufacturing (0); petroleum refineries (0); crude oil and natural gas production, transmission and distribution (0); and stationary internal combustion engines (66).

b. Projected reporting, recordkeeping and other administrative activities, including costs of professional services, required for small businesses to comply with the proposed rule.

Adoption of new and amended federal standards and rules to implement emission guidelines do not add any new reporting, recordkeeping and other administrative activities other than those already required by the federal standards and emission guidelines.

The requirement that businesses affected by the new federal standards obtain a permit may increase the administrative activities or costs of professional services on small businesses. These activities include permit application preparation and any additional recordkeeping and reporting required in the permit to comply with other Oregon rules and regulations.

c. Projected equipment, supplies, labor and increased administration required for small businesses to comply with the proposed rule.

Adoption of new and amended federal standards and rules to implement emission guidelines would not require small businesses to add any equipment, supplies, labor or administration because Oregon rules would adopt the federal standards by reference. Rules to implement emissions guidelines would be identical to implementing federal emission guidelines.

The requirement that businesses affected by the adoption of updated federal new source performance standards and rules to implement the updated federal emission guidelines for municipal solid waste landfills obtain a permit may require small businesses to add equipment, supplies, labor or administration to comply with other Oregon related rules and regulations. These rules and regulations include requirements to minimize visible emissions, fugitive emissions, particulate matter fallout, nuisances, and odors. To comply with these requirements, affected businesses may be required to install equipment and receive training to control and monitor emissions.

d. Describe how DEQ involved small businesses in developing this proposed rule.

DEQ did not appoint an advisory committee for this rulemaking because the rulemaking would primarily adopt federal regulations by reference and rules identical to the federal emission guidelines.

Documents relied on for fiscal and economic impact

Advisory committee

DEQ did not appoint an advisory committee for this rulemaking because the rulemaking would primarily adopt federal regulations by reference and rules that are identical to the federal emission guidelines for municipal solid waste landfills.

Housing cost

To comply with ORS 183.534, DEQ determined the proposed rules could have a negative impact on the cost of development of a 6,000 square-foot parcel and the construction of a 1,200 square-foot detached single-family dwelling on that parcel. This impact could occur if permit holders affected by new federal standards obtain a permit and pass the permitting fees for such development and construction through to the consumer. DEQ does not have available information to quantify how many permit holders would pass the permitting fees through to the consumer and any such estimate would be speculative.

Federal relationship

REVIEWERS do not edit or modify this section

Management reviewed and edited this section. It was then published with the Public Notice. Do not modify it except to correct typographical errors.

Relationship to federal requirements

The proposed rules would adopt federal new source performance standards and NESHAPs by reference, and adopt standards that are equivalent to the federal emission guidelines for municipal solid waste landfills. The proposed rules are not different from or in addition to federal requirements.

What alternatives did DEQ consider if any?

DEQ considered:

  Not taking delegation of the updated federal new source performance standards for municipal solid waste landfills. DEQ rejected this alternative because all of the affected sources are currently on DEQ permits and it is important to have all requirements applying to a source in the permit to ensure that the source is in compliance with all applicable air quality regulations.

  Not adopting standards to implement the updated federal emission guidelines for municipal solid waste landfills. DEQ rejected this alternative because it would reduce DEQ’s ability to ensure compliance and provide assistance to Oregon sources.

  Making state specific changes to some federal standards. DEQ rejected this alternative because the federal rules address Oregon’s immediate concerns and consistency with the federal rules reduces cost and complexity for affected sources.

Land use

REVIEWERS do not edit or modify this section

Management reviewed and edited this section. It was then published with the Public Notice. Do not modify it except to correct typographical errors.

Land-use considerations

In adopting new or amended rules, ORS 197.180 and OAR 340-018-0070 require DEQ to determine whether the proposed rules significantly affect land use. If so, DEQ must explain how the proposed rules comply with state wide land-use planning goals and local acknowledged comprehensive plans.

Under OAR 660-030-0005 and OAR 340 Division 18, DEQ considers that rules affect land use if:

•  The statewide land use planning goals specifically refer to the rule or program, or

•  The rule or program is reasonably expected to have significant effects on:

◦  Resources, objectives or areas identified in the statewide planning goals, or

◦  Present or future land uses identified in acknowledged comprehensive plans

To determine whether the proposed rules involve programs or actions that affect land use, DEQ reviewed its Statewide Agency Coordination plan, which describes the DEQ programs that have been determined to significantly affect land use. DEQ considers that its programs specifically relate to the following statewide goals:

•  

•  Statewide goals also specifically reference the following DEQ programs:

•  

•  Nonpoint source discharge water quality program – Goal 16

•  Water quality and sewage disposal systems – Goal 16

•  Water quality permits and oil spill regulations – Goal 19

•  

Determination

DEQ determined that the proposed rules will be implemented for major source categories through DEQ’s Title V Operating Permit program and the standards for non-major source categories through DEQ’s Air Contaminant Discharge Program. These are existing programs that the DEQ State Agency Coordination Program considers a land-use program.

EQC Prior Involvement

REVIEWERS do not edit or modify this section

Management reviewed and edited this section. It was then published with the Public Notice. Do not modify it except to correct typographical errors.

DEQ shares general rulemaking information with EQC through the monthly Director’s Report. DEQ did not present additional information specific to this proposed rule revision.

Advisory Committee

REVIEWERS do not edit or modify this section

Management reviewed and edited this section. It was then published with the Public Notice. Do not modify it except to correct typographical errors.

DEQ did not convene an advisory committee for this rulemaking because the rulemaking would primarily adopt federal regulations by reference and rules that are identical to the federal emission guidelines for municipal solid waste landfills.

Public Engagement

Copy and paste from Notice of Rulemaking.

REVIEWERS do not edit or modify this section

Management reviewed and edited this section. It was then published with the Public Notice. Do not modify it except to correct typographical errors.

Public notice

DEQ provided notice of the proposed rulemaking and rulemaking hearing on April 1, 2019 by:

•  

•  On March 29, 2019 Filing notice with the Oregon Secretary of State for publication in the April 2019 Oregon Bulletin;

•  Notifying the EPA by mail;

•  Posting the Notice, Invitation to Comment and Draft Rules on the web page for this rulemaking, located at: Federal Landfill Emissions Guidelines 2019;

•  Emailing approximately 10,281 interested parties on the following DEQ lists through GovDelivery:

•  Agency Rulemaking

•  DEQ Public Notices

•  NSPS/NESHAP

•  Emailing eight stakeholders potentially affected by the new federal landfill standards

•  Emailing the following key legislators required under ORS 183.335:

•  

•  Senator Michael Dembrow, Chair, Environment and Natural Resources Committee

•  State Representative Ken Helm, Chair, House Committee on Energy and Environment

•  Senate President Peter Courtney

•  House Speaker Tina Kotek

•  

•  Emailing advisory committee members,

•  Postings on Twitter and Facebook

•  Posting on the DEQ event calendar: DEQ Calendar

Public hearings

DEQ held one public hearing. The details are listed below. Anyone could attend the hearing in person, or by webinar or teleconference.

DEQ considered all written comments received at the hearing listed below before completing the draft rules. DEQ summarized all comments and responded to comments in the summary of comments section below.

Public Hearing

New section – not copied from Notice of Rulemaking

DEQ held one public hearing. DEQ received no comments at the hearing. Later sections of this document include a summary of the 20 comments received during the open public comment period, DEQ’s responses, and a list of the commenters. Original comments are on file with DEQ.

Presiding Officers’ Record

Hearing 1: Federal Landfill Emission Guidelines 2019

Presiding Officer:

The presiding officer convened the hearing, summarized procedures for the hearing, and explained that DEQ was recording the hearing. The presiding officer asked people who wanted to present verbal comments to sign the registration list, or if attending by phone, to indicate their intent to present comments. The presiding officer advised all attending parties interested in receiving future information about the rulemaking to sign up for GovDelivery email notices.

As Oregon Administrative Rule 137-001-0030 requires, the presiding officer summarized the content of the rulemaking notice.

No person presented any oral testimony or written comments.

Presiding Officers’ Record

Hearing 2: Amended State Plan to Implement the Emission Guidelines for Municipal Solid Waste Landfills

Presiding Officer:

The presiding officer convened the hearing, summarized procedures for the hearing, and explained that DEQ was recording the hearing. The presiding officer asked people who wanted to present verbal comments to sign the registration list, or if attending by phone, to indicate their intent to present comments. The presiding officer advised all attending parties interested in receiving future information about the option to sign up for GovDelivery email notices.

As Oregon Administrative Rule 137-001-0030 requires, the presiding officer summarized the content of the proposed state plan.

No person presented any oral testimony or written comments.

Summary of Public Comments and DEQ Responses

Public comment period for Federal Landfill Emission Guidelines

DEQ accepted public comment on the proposed rulemaking from April 1, 2019 until 4 p.m. on May 10, 2019.

For public comments received by the close of the public comment period, the following organizes comments into 20 categories with cross references to the commenter number. DEQ’s response follows the comment summary. Original comments are on file with DEQ.

Select one of the following two statements:

DEQ changed the proposed rules in response to comments described in the response sections below.

Comment 1

We support the Oregon State plan to implement emission guidelines for municipal solid waste landfills in Oregon.

Response

DEQ appreciates your support.

Comment 2

We support Oregon DEQ’s adoption of NESHAPs and NSPS.

Response

DEQ appreciates your support.  

Comment 3

Title of rulemaking notice is unclear and confusing; it does not state that the proposal includes adopting NSPS and NESHAP standards.

Response

DEQ acknowledges that the title of the rulemaking does not clearly capture all the rule changes included in the rulemaking proposal. The rulemaking page, the public notice document, and the gov.delivery notice provided bullet points to summarize the proposed rule changes which include adoption of NSPS and NESHAP standards. As the most significant changes impact municipal solid waste landfills, DEQ deemed it appropriate to title the proposed rulemaking as such.    

Comment 4

The “DEQ Proposal” section of the rulemaking notice does not reference the nature nor number of federal NSPSs and NESHAPs being adopted by the rulemaking.

Response

The NSPSs and NESHAPs proposed for adoption by the EQC are included in a table located at the end of the rulemaking proposal package. The column titled: “Subsequent EPA Revisions Proposed for EQC Adoption” lists the changes to the federal standards that are proposed for EQC adoption. They include changes to six Part 60 NSPS Subparts: A, Ja, XXX, IIII, JJJJ, and OOOOa and thirteen Part 63 NESHAP Subparts A, AA, CC, GG, MM, LLL, NNN, UUU, VVV, XXX, CCCC, UUUUU, and JJJJJJ. All proposed NSPS and NESHAP standards listed in the table for EQC adoption include a hyperlink to the Federal Register notice describing the changes in detail.

Comment 5

On page 37, there is a typographical error regarding the color coding of the proposed rule. Please provide clarification in the response to comments.

Response

Page 37 of the rulemaking, showing a redline strikeout version of the rules to clearly show the proposed changes, includes Oregon Administrative Rule 340-238-0060: Federal Regulations Adopted by Reference.

Part 3(ll) of this section of rule indicates a change has occurred but there is no redline item or other change apparent. This is a typographical error. The existing rule language under 3(ll) of this section did not end with a semicolon before proceeding to 3(mm). The only change to the rule language under 340-238-0060(3)(ll) is the addition of a semicolon after “2013”. No other changes are proposed for Part 60 NSPS Subpart BBa for Kraft pulp mills.

Comment 6

The color coding/description on the chart of proposed federal rules for adoption by

reference attached beyond page 85 of the rule is confusing and needs clarification. Please provide clarification in the response to comments.

Response

Please see response to comments #5. The table has been used in NSPS and NESHAP-related rulemakings for several years. DEQ will review the table and layout in response to this comment and consider making changes and modifications deemed appropriate.

Comment 7

Please do not let the landfills poison us. If, despite your best efforts, you think they are going to poison us anyway, please tell us and name names.

Response

This rulemaking will not allow any landfill to emit landfill gases above an applicable threshold without capturing and controlling those gases. Landfills likely to be subject to the proposed rules can be found in section 1.3 of the State Plan.

Comment 8

Waste Management’s Riverbend Landfill is incorrectly listed in Section 1.3 (of the State Plan).

Response

DEQ is reviewing documents demonstrating that the Riverbend Landfill is subject to the Landfill NSPS, not the Landfill Emission Guidelines. If it is determined that the Riverbend Landfill is subject to the Landfill NSPS, DEQ will remove it from the list of designated facilities in the State Plan.

Comment 9

The new state regulations take effect when EPA has approved the state plan; include a regulatory provision explaining that the existing rules remain in effect until EPA approves the state plan.

Response

The new regulations take effect once they’re approved by the EQC and filed with the Oregon Secretary of State. Noted, however, is the potential discrepancy in compliance dates for landfills subject to the previous landfill emission guidelines and the new emission guidelines. DEQ is reviewing existing and proposed requirements and will consider adding clarifying language pertaining to compliance dates to ensure an orderly transition to new requirements for affected sources and to eliminate the potential for a landfill to backslide while waiting for the proposed requirements to become applicable.

Comment 10

The State Plan should specify an approval process for design plans. For example, if DEQ does not review a design plan within a prescribed period, defer approval to a Professional Engineer’s certification.

Response

DEQ is reviewing design plan approval criteria and options. DEQ will add clarifying language to address the design plan approval process.

Comment 11

Oregon’s land-use goals are at risk relating to landfills. Determine whether emission guidelines ‘replace Oregon’s land-use statutes.’

Response

The proposed rules do not alter, change, or override any existing local land use decisions or Oregon’s land use laws.

Comment 12

Address how adopting federal regulations will not significantly affect land-use.

Response

The proposed rules do not impact a local jurisdiction’s land use decision-making authority. The proposed rules limit the level of emissions a landfill may emit before being required to install a gas collection and control system.

Comment 13

An ongoing nuisance study would no longer be in play if DEQ adopts federal emissions criteria.

Response

The proposed rules would not affect any ongoing nuisance investigations and do not affect or override Oregon’s nuisance rules in OAR 340 Division 208.

Comment 14

Can the landfill, after you adopt the emission guidelines, legally claim it is not a nuisance if the emissions are below the thresholds?

Response

The proposed landfill gas rules do not include any provisions that would allow a suspected source of nuisance odors to claim they are not a nuisance by demonstrating compliance with or exemption from the proposed rules.

Comment 15

If DEQ adopts rules not more stringent than existing EPA emission guidelines, will Riverbend get a pass with regard to its excessive emissions (excessive nuisance creation) in the name of gas extraction?

Response

The proposed rules not only require landfill gas to be captured from affected landfills, they also require extracted landfill gas to be controlled by routing the gas to a suitable energy recovery system or combustion device. Capture and control systems help to reduce odors and other hazards associated with landfill gas emissions and reduce the amount of methane, volatile organic compounds and hazardous air pollutants from migrating into the atmosphere and contributing to local smog and global climate change.

Comment 16

Is DEQ granting large, corporate out-of-state landfill companies the ability to make a legal argument to ignore Oregon land-use in lieu of these new federal standards? I ask that the State step back from accepting the Federal Standards for Landfill Guidelines and convene an Advisory Committee to specifically address how adopting these landfill emission standards might affect Oregon’s land-use.

Response

The proposed rules to implement the new federal emission guidelines do not affect Oregon’s land-use laws, rather they lower the threshold at which affected landfills in Oregon must capture and control their landfill gas emissions.

Oregon law (ORS 183.33) allows a group of individuals or an association to request an advisory committee, but only if they object to a State agency’s statement of fiscal impact, request an advisory committee for consideration of a permanent rule, and the request is made not later than 14 days after the notice of rulemaking is given. A request to convene an advisory committee to specifically review land-use is not allowed under the Oregon law.

Comment 17

340-236-0500(6) Removal criteria could be made more explicit- it is unclear whether a landfill must meet one or all of the listed criteria.

Response

All listed removal criteria in the proposed rules OAR 340-236-0500 (6)(a) through (d) must be met for a collection and control system to be capped, removed, or decommissioned. This is demonstrated by explicit ‘or’ language located in other sections of the federal register notice (Cf) that is not present in the removal criteria section of rule.

Comment 18

DEQ should take the lead in establishing a process that requires all involved agencies to ensure that both land use and environmental goals are met by any industry expansion, modification, or other significant change.

Response

DEQ’s process for permitting remains unchanged by this proposal. Establishing a process of this nature is not within the scope of this rulemaking. Affected sources and DEQ are required to follow the permitting requirements outlined in Oregon Administrative Rules, Chapter 340, Divisions 216 and 218, as applicable. An expansion or modification of a landfill may require compliance with other regulations or requirements.

Comment 19

There is no explanation of the changes that are being made in Oregon rules applicable to emissions from landfills.

Response

Beginning on page 21 of the public notice package is a redline strikeout version of proposed changes, titled ‘Draft Rules – With Edits Highlighted’. See specifically page 25-26 for the previous rules specific to landfills and pages 26-32 for the new proposed rules. The public notice package section, ‘Statement of Need’ provides additional details in part b on page 7 and the current rules posted with the Secretary of State and available from DEQ’s website show the existing rules. The proposed rules address emissions levels at which gas collection and control systems are required.

Comment 20

The rulemaking documents do not mention the amended state plan to implement the new emission guidelines.

Response

Page 5 of the public notice package, the ‘overview’ clarifies that in regards to emission guidelines, states must submit a state plan or request delegation of a federal plan. Page 8 of the public notice package includes a brief description of how DEQ will know the rule addressed the need; in this section DEQ states that these rules and a plan will be submitted to EPA for review and approval. The plan is separately noticed and open for comment through 5:00pm on May 31st, 2019; the State Plan for implementing these emission guidelines is designed in accordance with 40 C.F.R. Part 60 Subpart B, ‘Adoption and Submittal of State Plans for Designated Facilities’.

Public comment period for Oregon Amended State Plan to Implement the Emission Guidelines for Municipal Solid Waste Landfills

DEQ accepted public comment on the proposed State Plan from April 29, 2019 until 5 p.m. on May 31, 2019.

For public comments received by the close of the public comment period, the following organizes comments into 2 categories with cross references to the commenter number. DEQ’s response follows the comment summary. Original comments are on file with DEQ.

Select one of the following two statements:

DEQ did not change the proposed rules in response to comments.

DEQ changed the proposed rules in response to comments described in the response sections below.

Comment 1

Measuring the size of landfills subject to the state plan in megagrams is unclear; measurement in tons would be preferred.

Response

A megagram is also known as a metric ton, which is equal to 1.1 U.S. short tons or about 2,205 pounds. EPA has established requirements in the emission guidelines based on megagrams, for consistency Oregon’s rules will use the same measurement.

Comment 2

The plan does not meet the requirements of 40 C.F.R. part 60 subpart 60.25(a).

Response

Draft.

Comment 3

The chart showing NMOC emissions in ppmv should be rewritten in megagrams.

Response

A megagram is also known as a metric ton, which is equal to 1.1 U.S. short tons or about 2,205 pounds.

Comment 4 (RULE COMMENT)

DEQ should be more stringent than the emission guidelines, requiring gas collection and control systems based on megagrams of NMOC emissions; the plan should not allow sources to demonstrate NMOC levels by surface monitoring and escape the requirements for a control system.

Response

Currently there are no municipal solid waste landfills in Oregon that emit between 34 and 50 megagrams of nonmethane organic compounds per year.

Comment 5

DEQ should identify which landfills will be required to take action based on the rules, and identify what those actions will be.

Response

Currently there are no municipal solid waste landfills in Oregon that emit between 34 and 50 megagrams of nonmethane organic compounds per year. Therefore, the rules and plan would not likely require any uncontrolled landfills to install a gas collection and control system unless in the future a landfill were to exceed an applicable threshold.

Comment 6

Why didn’t DEQ expend additional effort to address odor problems instead of just methane?

Response

The State Plan is to demonstrate to EPA that Oregon has the ability to fully implement rules at least as stringent as the Emission Guidelines. DEQ has existing nuisance odor rules in Oregon Administrative Rules chapter 340 division 208 that are unaffected by this plan.

Comment 7

The emission standards in 1.6.2 list identical numbers for four landfills.

Response

The ‘emission standards’ column in 1.6.2 list identical numbers because each of these four landfills are subject to the same federal and state requirements to demonstrate compliance with 20 ppmv or 98% weight reduction of NMOC.

Comment 8

There is reference to an appendix D but there is no appendix A, B, C, or D.

Response

The appendices referenced in federal language refer to appendices associated with the federal register notice, not an appendix of DEQ’s State Plan.

Comment 9

Which designated facilities are in or out of compliance?

Response

The state plan establishes requirements for affected facilities. The plan does not attempt to discern which facilities are in compliance, rather it is explaining how DEQ’s proposed and existing rules will allow Oregon to be as stringent as the federal requirements.

Implementation

Do not copy from Notice of Rulemaking.

Notification

The proposed rules would become effective upon filing on approximately July 18, 2019. DEQ would notify affected parties by:

•  Emailing affected DEQ permit holders; and

•  Emailing interested parties on the NSPS/NESHAP GovDelivery list; and

•  Emailing regional air quality managers and staff

•  Describe Notification (PARTIES AND METHOD USED TO PROVIDE NOTICE)

Compliance and enforcement

Affected parties -Text

DEQ staff - Text

Measuring, sampling, monitoring and reporting

Affected parties - Text

DEQ staff - Text

Systems

Website - Text

Database - Text

Invoicing - Text

Training

Affected parties - Text

DEQ staff - Text

Five Year Review

Requirement  

Oregon law requires DEQ to review new rules within five years after EQC adopts them. The law also exempts some rules from review. DEQ determined whether the rules described in this report are subject to the five-year review. DEQ based its analysis on the law in effect when EQC adopted these rules.

Exemption from five-year rule review

The Administrative Procedures Act exempts all of the proposed rules from the five-year review because the proposed rules would:

Amend or repeal an existing rule. ORS 183.405(4).

Adopt a federal law or rule by reference. ORS 183.405((5)(b).

Accessibility Information

You may review copies of all documents referenced in this announcement at:

Oregon Department of Environmental Quality

700 NE Multnomah St., Ste. 600

Portland, OR, 97232

To schedule a review of all websites and documents referenced in this announcement, call Dan DeFehr, Portland, 503-229-6442 (800-452-4011, ext. 5622 toll-free in Oregon).

DEQ can provide documents in an alternate format or in a language other than English upon request. Call DEQ at 800-452-4011 or email deqinfo@deq.state.or.us.

DEFEHR DANIEL, 2019-05-30T10:54:00Z
Remove. Was not completed.

DEFEHR DANIEL, 2019-05-30T10:54:00Z
Permittees? Interested parties located in proximity?

DEFEHR DANIEL, 2019-05-30T10:55:00Z
Held two.

DEFEHR DANIEL, 2019-05-30T10:59:00Z
Two total.

DEFEHR DANIEL, 2019-05-30T10:57:00Z
Add once done

DEFEHR DANIEL, 2019-05-30T11:00:00Z
update

DEFEHR DANIEL, 2019-05-28T11:24:00Z
Discuss with RMT. Draft email and send to permit writers of landfills?