0 regon Theodore R. Kulongoski, Governor

Department of Environmental Quality

Headquarters

811 SW Sixth Avenue

Portland, OR 97204-1390

(503) 229-5696

FAX (503) 229-6124

TTY (503) 229-6993

Elfin D. Miller, Regional Administrator

U.S. Environmental Protection Agency, Region 10

1200 Sixth Avenue

Seattle, WA 98101

RE: Revision to the Oregon State Implementation Plan: Adoption of Federal Air Quality

Regulations

Dear Ms. Miller:

The Oregon Department of Environmental Quality (DEQ) requests approval of revisions to the

Oregon State Implementation Plan (SIP) from the Office of Air, Waste, and Toxics, State and

Tribal Air Programs Unit of the U.S. EPA, Region 10. Copies of the amendments are submitted

for your review.

The Environmental Quality Commission (EQC) adopted the revisions to the SIP under OAR

340-200-0040 on December 12, 2008. DEQ submits these revisions to EPA as part of the SIP

and pursuant to 40 CFR 51.104.

I certify that a public notice was published in newspapers of general circulation on July 14, 2008,

and in the Secretary of State's Oregon Bulletin on August 1, 2008. The notices included a

statement that adoption of the rules would revise the SIP. I further certify that public hearings

were held on August 18, 19 and 21, 2008, in Bend, Medford and Portland, Oregon, respectively.

The main objective of this SIP revision is to ensure that air pollution reductions required under

new and amended federal air quality regulations take place in Oregon; and in some cases require

additional reduction measures to further protect public health. The revision to the SIP allows the

EQC to consolidate the Gasoline Dispensing National Emission Standards for Hazardous Air

Pollutants and Oregon's stage I vapor balance requirements.

Thank you for your assistance with these revisions to Oregon's SIP. The staff contact for this

submittal is Jerry Ebersole, Air Quality Program Operations, at 503-229-6974, and Shelley

Matthews, SIP Coordinator, at (503) 229-6457.

JIanunond,

Dell ty Director

Oregon DEQ

February 02, 2009

FEB - 5 2009
4
Enclosures

cc w/attachments: Donna Deneen, EPA, Region 10 (3 complete sets plus 2 additional copies

of revised rules, Attachment 3)

cc w/o attachments: Shelley Matthews, DEQ AQ SIP Coordinator

Andrew Ginsburg, DEQ AQ Administrator

Paul Koprowski, EPA Oregon Operations office

ATTACHMENTS:

Attachment 1: Evidence the State has Adopted the Revision

1.1 Staff Report, Agenda Item L of the December 11-12, 2008 EQC Meeting.

Also see Certificate and Order for Filing Permanent Administrative Rules

in Attachment 4.2.

Attachment 2: Evidence that the State has the Necessary Legal Authority

See Attachment 1.1 "Commission Authority" (page #5 of Staff Report,

Agenda Item L)

Attachment 3: Provisions Submitted for Approval

3.1 Adopted and amended SIP rules submitted to SOS

General Air Pollution Procedures and Definitions: OAR 340-200:0040.

Effective December 31, 2008

Air Contaminant Discharge Permits: OAR 340-216-0020, 0060. Effective

December 31, 2008

Rules Applicable to the Portland Area: OAR 340-242:0520. Effective

December 31, 2008

Oregon Federal Hazardous Air Pollutant program: OAR 340-244: 0020,

0030, 0232, 0234, 0236, 0238, 0240, 0242, 0244, 0246, 0248,

0250, 0252. Effective December 31, 2008

3.2 Redline/strikeout version of adopted, amended and repealed SIP rules

General Air Pollution Procedures and Definitions: OAR 340-200:0040.

Effective December 31, 2008

Air Contaminant Discharge Permits: OAR 340-216-0020, 0060.

Effective December 31, 2008

Emission Standards for VOC Point sources: OAR 340-232-0070.

Effective December 31, 2008

Rules Applicable to the Portland Area: OAR 340-242:0520. Effective

December 31, 2008

Oregon Federal Hazardous Air Pollutant Program; OAR 340-244: 0020,

0030, 0232, 0234, 0236, 0238, 0240, 0242, 0244, 0246, 0248,

0250, 0252. Effective December 31, 2008

Attachment 4: Evidence that the State followed the Administrative Procedures Act

4.1 Public notice in the Secretary of State's Oregon Bulletin, August 1, 2008.

4.2 Certificate and Order for Filing Permanent Administrative Rules, filed and

effective December 31, 2008
.,
Attachment 5: Evidence of Adequate Public Notice

5.1 Affidavit of Publication: Daily Journal of Commerce, Notice of July 14,

2008 publication

5.2 Affidavit of Publication: The Oregonian, Notice of July 14, 2008

publication

Attachment 6: Certification of Public Hearing

See paragraph #3 of cover letter and Attachment 7.1

Attachment 7: Compilation of Public Comments and Department's Response

7.1 Presiding Officer's Reports for Rulernaking Hearings on August 18, 19,

and 21, 2008, dated August 25, 2008

7.2 Summary of Public Comment and Agency Response, dated August 25,

2008
}_
_SIP Submittal Checklist

included Attachment Title

X 1 Evidence the State has Adopted the Revision

X 1.1 Staff Report, Agenda Item L of the December 11-12, 2008 EQC Meeting

Also see Certificate and Order for Filing Permanent Administrative Rules in attachment 4.2

X 2 Evidence that the State has the Necessary Legal Authority

X 2.1 See Attachment 1.1 "Commission Authority" (page #5 of Staff Report, Agenda Item L)

X 3 Provisions Submitted for Approval

X

3 1'

Adopted and amended SIP rules submitted to SOS

X General Air Pollution Procedures and Definitions: OAR 340-200-0040. Effective December 31, 2008

X Air Contaminant Discharge Permits: OAR 340-216:0020, 0060. Effective December 31, 2008

X Rules Applicable to the Portland Area: OAR 340-242:0520. Effective December 31, 2008

X Oregon Federal Hazardous Air Pollutant Program: OAR 340-244: 0020, 0030, 0232, 0234, 0236, 0238, 0240, 0242, 0244, 0246,

0248, 0250, 0252. Effective December 31, 2008

X

3.2

Redlinelstrikeout version of adopted, amended and repealed SIP rules

X General Air Pollution Procedures and Definitions: OAR 340-200-0040. Effective December 31, 2008

X Air Contaminant Discharge Permits: OAR 340-216:0020, 0060. Effective December 31, 2008

Emission Standards for VOC Point Sources: OAR 340-232-0070. Effective December 31, 2008

X Rules Applicable to the Portland Area: OAR 340-242:0520. Effective December 31, 2008

X Oregon Federal Hazardous Air Pollutant Program: OAR 340-244: 0020, 0030, 0232, 0234, 0236, 0238, 0240, 0242, 0244, 0246,

0248, 0250, 0252. Effective December 31, 2008

X 4 Evidence that the State followed the Administrative Procedures Act

X 4.1 Public notice in the Secretary of State's Oregon Bulletin, August 1, 2008.

X 4.2 Certificate and Order for Filing Permanent Administrative Rules, filed and effective December 31, 2008

X 5 Evidence of Adequate Public Notice

X 5.1 Affidavit of Publication: Daily Journal of Commerce, Notice of July 14, 2008 publication

X 5.2 Affidavit of Publication: The Oregonian, Notice of July 14, 2008 publication

X 6 Certification of Public Hearing

X 6.1 See paragraph #3 of cover letter and Attachment 7.1

X 7 Compilation of Public Comments and Department's Response

X 7.1 Presiding Officer's Reports for Rulemaking Hearings on August 18, 19 and 21, 2008, dated August 25, 2008

X 7.2 Summary of Public Comment and Agenc Re•onse, dated August 25, 2008

Attachment 1

Evidence the State has Adopted the Revision

1.1 Staff Report, Agenda Item L of the December 11-12, 2008 EQC Meeting

Also see Certificate and Order for Filing Permanent Administrative Rules in Attachment 4.2

Attachment 1.1, pg. 1

State of Oregon

Department of Environmental Quality Memorandum

Date: November 24, 2008

To: Environmental Quality Comnsi^r

From: Dick Pedersen, Director

Subject: Agenda Item L Rule Adoption: Adoption of Federal Air Quality Regulations

December 11-12, 2008 EQC Meeting

Why this is These rules are important to protect human health, ensure that Oregon

Important maintains delegation of federal programs that regulate hazardous air pollutants

and new sources, fill gaps created by court decisions about some of the federal

rules and improve Oregon's implementation of these programs. A key provision

in these rules exceeds federal regulations for reducing benzene exposure from

gasoline dispensing facilities.

Department The Department of Environmental Quality recommends that the

Recommendation Environmental Quality Commission adopt the proposed rule amendments to

OAR chapter 340, divisions 200, 216, 228, 230, 232, 242, and 244 as set out

in attachment A of the staff report. The Department of Environmental Quality

also recommends that the EQC amend the State of Oregon Clean Air Act

implementation plan (OAR 340-200-0040) to include the amendments

to OAR 340-244-0232 through 0252 and the amendments made to OAR 340

Divisions 200, 232, and 242 and that the EQC authorize the Department of

Environmental Quality to submit these amendments to the state

implementation plan to the U.S. Environmental Protection Agency for

approval.

Background and Area Source National Emission Standards for Hazardous Air Pollutants

Need for (NESHAP)

Rulemaking The Clean Air Act requires the U.S. Environmental Protection Agency to

identify the 30 hazardous air pollutants emitted from area sources' posing the

greatest threat to public health in urban areas.

The Clean Air Act also directs the EPA to regulate categories of area sources

to ensure 90 percent of the emissions of these 30 hazardous air pollutants are

subject to NESHAP. EPA recently adopted 17 area source NESHAPs

affecting:

• Flexible polyurethane foam fabrication and production;

• Gasoline terminals, bulk plants, pipeline facilities, and dispensing

facilities;

Glass, clay ceramics, and lead battery manufacturing;

Area sources, also called non-major, are small and mid-sized commercial and industrial operations.

Item l_ 000001
_ Attachment 1.1, pg. 2

Agenda Item L, Rule Adoption: Adoption of Federal Air Quality Regulations

December 11-12, 2008 EQC Meeting

Page 2 of 9

• Hospital sterilizers;

• Metal processing and production; and

• Wood preserving.

Oregon sources are required to comply with the federal NESHAP

requirements whether or not the EQC adopts the federal standards,

General Permits

New general air contaminant discharge permits are needed to reduce

permitting costs for sources affected by the new area source NESHAPs, many

which are small businesses.

New general air contaminant discharge permit fee categories with lower fees

are needed for area source NESHAPs with limited requirements and where

existing DEQ resources can be leveraged to reduce the cost of implementing

the area source NESHAPs.

Gasoline Dispensing Facilities

Benzene is a known carcinogen and is present in high concentrations in many

Oregon communities. To reduce benzene exposure in Oregon, standards more

stringent than the new federal NESHAP for gasoline-dispensing facilities are

needed.

Municipal Waste Combustors

The EPA amended emission guidelines for large municipal waste combustors

by tightening them to reflect actual performance levels. To respond to public

concern and actual performance levels in Oregon, rule amendments are

needed to implement standards more stringent than the newly-tightened

federal emissions guidelines.

Utility Mercury Rule

The federal clean air mercury nile was vacated by a federal court on February

8, 2008. The clean air mercury rule provided a mercury cap-and-trade

program that applied to coal-fired power plants. Rule amendments are needed

to remove mercury trading provisions and add federal monitoring provisions

vacated by the federal court ruling.

Effect of Rule This proposed rule adoption will have the following effects:

New and Amended General Air Contaminant Discharge Permits

To implement the area source NESHAP, the proposed rules would create six

new general air contaminant discharge permits for several categories of

Item L 000002
Attachment 1.1, pg. 3

Agenda Item L, Rule Adoption: Adoption of Federal Air Quality Regulations

December 11-12, 2008 EQC Meeting

Page 3 of 9

sources. Without adopting the new general air contaminant discharge permits,

sources affected by the area source NESHAP must have a simple air

contaminant discharge permit or standard air contaminant discharge permit.

The annual cost for simple and standard air contaminant discharge permits

ranges from $1,920 to $7,680, and general air contaminant discharge permits

currently range from $720 to $1,872. [See Attachment A-l, OAR 340-216-

0060(5), page 2, and Table 1, pages 3-6]

New General Air Contaminant Discharge Permit Fee Categories

The proposed rules would add two new general air contaminant discharge

permit fee categories. The new fee categories would apply to area source

NESHAPs that have limited requirements, such as the hospital sterilizer

NESHAP. The new fee categories would also apply when existing DEQ

resources can be leveraged to minimize the cost of implementing an area

source NESHAP, such as using existing DEQ land quality inspectors to ensure

compliance with the gasoline dispensing NESHAP. The proposed fees for the

new fee categories are $120 and $360. [See Attachment A-1, Table 2, pages 7-

8]

Gasoline Dispensing Standards

The proposed rules would adopt standards to implement the new federal

gasoline dispensing NESHAP and more stringent standards to further reduce

benzene exposure in Oregon. The federal NESHAP requires emission controls

at high-volume facilities that dispense 100,000 gallons or more per month.

The proposed rules would require emission controls at moderate-volume

facilities that dispense an average of 40,000 gallons or more per month.

The required emission controls are stage I vapor controls used to capture

gasoline vapors emitted during filling of gasoline storage tanks. Regulations

currently require Stage I vapor controls in the Portland, Medford and Salem

areas to control ozone; they are voluntary in other parts of Oregon.

Additionally, the proposed rules would prohibit "topping off' motor vehicle

gasoline tanks during fueling, Topping offcauses spillage, gasoline

evaporation, high levels of benzene exposure and increased costs to

consumers. Topping off can also damage evaporative emissions controls

installed on newer vehicles.

Controlling gasoline vapors reduces benzene exposures at and near gasoline

dispensing facilities, contributes to continuing compliance with stricter ozone

standards and conserves gasoline. Table 1, below, illustrates achievable

statewide reductions achieved through this rule adoption.

!tern L 000003.
Attachment 1.1, pg..4

N.

Agenda Item L, Rule Adoption: Adoption of Federal Air Quality Regulations

December 11-12, 2008 EQC Meeting

Page 4 of 9

Table 1

Annual Statewide Reductions from the Filling of Gasoline

Storage Tanks (Does Not Include Vehicle Fueling Emissions

Benzene

Emissions

VOC

Emissions

Fuel Savings

Tons Percent Tons Percent Gallons Percent

Federal NESNAP 12 37 680 37 221,000 0.016

Proposed Rule 14 44 800 44 260,000 0.018

Combined 26 81 1,480 81 480,000 0.037

The proposed rules would also merge separate rules covering gasoline

dispensing facilities into one set of rules and defer the requirement that

gasoline dispensing facilities obtain an air quality permit until January 2010.

[See Attachment A-2, OAR 340-200-0040(2), page 1, OAR 340-232-0070,

pages 2-3, OAR 340-232-0520, pages 4-5, OAR 340-244-0232 through 0252,

pages 5-11; Attachment A-2a, Tables 4 and 5, pages 1-2; Attachment A-4,

OAR 340-244-0030, pages 7-11]

Municipal Waste Combustor Standards

The proposed rules would adopt standards more stringent than federal

emission guidelines for large municipal waste combustors in response to

public concern, and to reflect actual performance levels.

The EPA amended the emission guidelines for large municipal waste

combustors by tightening the emission guidelines to reflect municipal waste

combustors' actual performance levels. Covanta, located in Brooks, owns and

operates Oregon's only large municipal waste combustor. Covanta's

cadmium, lead and dioxin/fin-an emissions are lower than the new federal

guidelines and the proposed rules would lower Oregon's standards to a level

that limits how much Covanta's emissions of these pollutants can increase.

[See Attachment A-3, OAR 340-230-0300 through 0359, pages 1-38, Table 1,

pages 3-6]

Utility Mercury Rule

The proposed rules would amend Oregon's existing utility mercury rule by

removing mercury trading provisions vacated by a federal court. Oregon's

existing utility mercury rule requires continuous mercury emission monitoring

beginning on July 1, 2009 and this rulemaking would insert monitoring

requirements formerly referenced by the federal clean air mercury rule. The

removal of the federal clean air mercury rule does not reduce the stringency of

Oregon's utility mercury rule because the existing rule was already more

Item L 000004
Attachment 1.1, pg. 5

Agenda Item L, Rule Adoption: Adoption of Federal Air Quality Regulations

December 11-12, 2008 EQC Meeting

Page 5 of 9

stringent than the federal clean air mercury rule. In particular, retaining the

requirement that coal-fired power plants control 90 percent of the mercury

emissions by 2012 and retaining the 2018 statewide mercury emission cap for

coal-fired power plants, would indirectly limit the number of coal-fired power

plants that could operate in Oregon. [See Attachment A-5, OAR 340-228-

0600 through 0678, page 1-79; Attachment A-5a, Tables 1 and 2, pages 1-2;

Attachment A-5b, Equations 1-5, pages 1-2]

New Source Performance Standards (NSPS)

Adopt, by reference, new NSPS affecting petroleum refineries, chemical

manufacturers, stationary internal combustion engines and stationary

combustion turbines. [See Attachment A-4, OAR 340-238-0040, page 1, OAR

340-238-0060, pages 3-6]

NSPS

Adopt changes made to the federal NSPS through July 1, 2008. [See

Attachment A-4, OAR 340-238-0040 through 0060, pages 1-6]

Streamline Early Reduction Provisions

Remove the early reduction provisions from Oregon's federal hazardous air

pollutant program and replace them with equivalent federal regulations

adopted by reference. [See Attachment A-4, OAR 340-244-0030, pages 7-11,

OAR 340-244-0100 through 0180, pages 12-19]

New Area Source NESHAPs

Adopt by reference 17 new federal area source NESHAPs. [See Attachment

A-4, OAR 340-244-0030, pages 7-11, OAR 340-244-0220, pages 20-23]

NESHAPs

Adopt changes made to the federal NESHAP through July I, 2008, excluding

changes made to the perchloroethylene dry cleaning NESHAP since July 1,

2006. Adoption of changes made to the perchloroethylene dry cleaning

NESHAP will be proposed in a future rulemaking. [See Attachment A-4,

OAR 340-244-0030, pages 7-11, OAR 340-244-0220, pages 20-23]

Commission The commission has authority to take this action under ORS 468.020,

Authority 468A.025 and 468A.310.

Stakeholder DEQ met with environmental and business associations about proposing rules

Involvement more stringent than the federal gasoline dispensing NESHAP. DEQ also

convened a fiscal impact advisory committee to obtain advice on the effect of

the rule. The committee noted that the draft rules would impose a significant

Item h 000005
Attachment 1.1, pg. 6

Agenda Item L, Rule Adoption: Adoption of Federal Air Quality Regulations

December 11-12, 2008 EQC Meeting

Page 6 of 9

adverse impact on small businesses. The proposed rules were modified based

on committee concerns. Please see Attachments G and H for details.

Public Comment The public comment period extended from July 15, 2008,. to August 26, 2008,

and included public hearings in Bend, Medford and Portland. No one testified

at the first two hearings and one person testified at the third hearing.

Seventeen commenters submitted comments by standard mail, fax or e-mail.

Attachment B provides the summary of public comments and DEQ's responses.

Key Issues Gasoline Dispensing NESHAP Stage 1 Vapor Control Threshold

The rules as proposed in the public notice would have lowered the federal

threshold requiring stage I vapor controls from 100,000 gallons per month to

20,000 gallons per month. Industrial representatives expressed concern that

small rural stations would experience economic hardship if required to install

stage I vapor controls. Environmental groups support lowering the threshold

for stage I vapor controls to 20,000 gallons per month. Both groups requested

that DEQ provide funding assistance to pay for the controls.

Response: The proposed rules would change the threshold for installing stage

I vapor controls at gasoline dispensing facilities to an average of 40,000

gallons per. month. DEQ estimates demonstrate that changing to a threshold of

40,000 gallons per, month would be protective of public health. This will

ensure that most small rural facilities are exempted from the requirement to

install stage I vapor controls. This will also ensure facilities exceeding

protective public health levels are well controlled.

Approximately 60 percent of Oregon's gasoline dispensing facilities have

already installed Stage 1 vapor controls. To further reduce benzene exposures

--in-Oregon, the proposed rules would require the operation and maintenance of

all Stage 1 vapor controls, regardless of the throughput of the gasoline

dispensing facility.

DEQ does not have any funding available to help install stage I vapor

controls. Though raising the threshold requiring controls should reduce the

number of facilities that need funding assistance, DEQ will continue to

explore funding sources.

Municipal Waste Combustor standards

Covanta and industry groups disagree with Oregon adopting emission limits

more stringent than federal standards and stated there was no information to

support going beyond the federal standards.

. Item L 000006
Attachment 1.1, pg. 7

Agenda Item L, Rule Adoption: Adoption of Federal Air Quality Regulations

December 11-12, 2008 EQC Meeting

Page 7 of 9

Response: Covanta is Oregon's only large municipal waste combustor located

in Brooks. DEQ acknowledges industry concern when DEQ proposes

standards more stringent than federal requirements. However, it is important

to note that in this case EPA has not set emission standards for municipal

waste combustor facilities, but instead established emission guidelines. When

EPA adopts an emission standard, such as a NSPS or NESHAP, the standard

applies whether or not Oregon adopts the standard. Emission guidelines are

different in that they are intended as guidance to states based on EPA's review

of the best performing sources around the country. In practice, the guidelines

set presumptive minimum standards. States are required to set standards at

least as protective as the federal emission guidelines based on their own

review of technology.

DEQ is recommending the proposed standards based on a review of Covanta's

historical performance, which has consistently demonstrated that Covanta's

emissions are significantly lower than the federal emission guidelines for

cadmium, lead, and dioxins/furans. Moreover, the proposed standards are set

conservatively to provide Covanta with ample room for operational flexibility

without risk of violation. Because of this, Covanta would not need to install

any additional controls to comply with the proposed standards.

Utility Mercury Rule control plan deadline and compliance date

PGE requested revisions to the draft rules to change the following dates:

• Change the mercury control. plan submittal date to within 90 days of EPA

approval of the regional haze state implementation plan.

• Change the compliance date to the date specified in the EPA-approved

regional haze state implementation plan for installation and operation of

sulfur dioxide controls. PGE noted DEQ's repeated stated intent to link

the mercury rules with the regional haze state implementation plan, as the

mercury controls and the sulfur dioxide controls are inextricably linked.

Response: DEQ agrees mercury controls and the sulfur dioxide controls are

linked because they use the same baghouse system. The regional haze state

implementation plan proposal for the Boardman plant is still under

development and it is not yet known what the compliance date will be for the

installation of sulfur dioxide controls. Therefore, DEQ plans to propose any

adjustment to the mercury control system compliance date during the regional

haze rulemaking.

Utility Mercury Rule emission caps

Environmental groups requested a reduction in Oregon's mercury emission

cap if the Boardman plant closes.

Item L 000007
Attachment 1.1, pg. 8

Agenda Item L, Rule Adoption: Adoption of Federal Air Quality Regulations

December 11-12, 2008 EQC Meeting

Page 8 of 9

PGE requested that DEQ eliminate the mercury emissions cap because it was

part of the vacated federal cap-and-trade program.

Response: Though the federal requirement that Oregon have a cap on mercury

emissions was vacated in early. 2008, the proposed rules retain the 60 poundsper-year mercury cap starting in 2018. Without the mercury emission cap, the

utility mercury rule would still ensure that any new coal Tired power plants are

well controlled, but would not limit the total amount of mercury emissions

from all coal-fired power plants. Since the original utility mercury rule did not

allow trading after 2018, retaining the mercury emission cap maintains the

original level of stringency in the utility mercury rule before the clean air

mercury rule was vacated.

. Next Steps DEQ will continue to provide outreach and compliance assistance to

sources affected by the new area source NESHAP.

• In February 2009, DEQ will submit NSPS and NESHAP delegation

requests to EPA.

▪ Title V and air contaminant discharge permits will be updated with new

NSPSs and NESHAPs.

• DEQ will submit an update of its state implementation plan to implement

the federal emission guidelines for municipal waste combustors to EPA

for approval.

Attachments A. Proposed Rule Revisions

1. Air Contaminant Discharge Permits

2. Emission Standards for Gasoline Dispensing Facilities

3. Municipal Waste Combustors

- 4: - - New-Source-Performance Standards and National Emission

Standards for Hazardous Air Pollutants

5. Utility Mercury Rule

B. Summary of Public Comments and Agency Responses

C. Presiding Officer's Reports on Public Hearings

D. Statement of Need and Fiscal and Economic Impact

E. Relationship to Federal Requirements Questions

F. Land Use Evaluation Statement

G. General Permits

1. Batch Vapor/In-Line Degreasers

2. Batch Cold/Vapor/In-Line/Degreasers

3. Bulk Gasoline Plants

4. Clay Manufacturing

5. Hospital Sterilizers

Item L 000008
Attachment 1.1, pg. 9

Agenda Item L, Rule Adoption: Adoption of Federal Air Quality Regulations

December 11-12, 2008 EQC Meeting

Page 9 of 9

6. Secondary Nonferrous Metal

7. Gasoline Dispensing --- Stage I

8. Gasoline Dispensing - Stage II

9, Wood Preserving

H. Fiscal Rulemaking Advisory Committee Meeting Notes and

Committee Recommendations

I. Rule Changes Since Close of Public Comment Period

Available Upon 1. Legal Notice of Hearing

Request 2. Cover Memorandum from Public Notice

3. Written Comment Received

4. Rule Implementation Plan

5. Advisory Committee Membership and any written recommendation

6. List of new and amended NSPS and NESHAP proposed for EQC

adoption

Approved:

Section:

Division:

Report Prepared By: Jerry Ebersole

Phone: (503) 229-6974

Item L 000009

Attachment 2

Evidence that the State has the Necessary Legal Authority

See Attachment 1.1 "Commission Authority" (page #5 of Staff Report, Agenda Item L)

Attachment 3

Provisions Submitted for Approval

Redline/strikeout version of rules:

3.1 Adopted and amended SIP rules submitted to SOS

General Air Pollution Procedures and Definitions: OAR 340-200:0040. Effective

December 31, 2008

Air Contaminant Discharge Permits: OAR 340-216-0020, 0060. Effective

December 31, 2008

Rules Applicable to the Portland Area: OAR 340-242:0520. Effective December

31, 2008

Oregon Federal Hazardous Air Pollutant program: OAR 340-244: 0020, 0030,

0232, 0234, 0236, 0238, 0240, 0242, 0244, 0246, 0248, 0250, 0252.

Effective December 31, 2008

3.2 Redline/strikeout version of adopted, amended and repealed SIP rules

General Air Pollution Procedures and Definitions: OAR 340-200:0040. Effective

December 31, 2008

Air Contaminant Discharge Permits: OAR 340-216-0020, 0060. Effective

December 31, 2008

Emission Standards for VOC Point Sources: OAR 340-232-0070. Effective

December 31, 2008

Rules Applicable to the Portland Area: OAR 340-242:0520. Effective December

31, 2008

Oregon Federal Hazardous Air Pollutant program: OAR 340-244: 0020, 0030,

0232, 0234, 0236, 0238, 0240, 0242, 0244, 0246, 0248, 0250, 0252.

Effective December 31, 2008
.
Attachment 3.1, pg. 1

DEPARTMENT OF ENVIRONMENTAL QUALITY

DIVISION 200

GENERAL AIR POLLUTION

PROCEDURES AND DEFINITIONS

340-200-0040

State of Oregon Clean Air Act Implementation Plan

(1) This implementation plan, consisting of Volumes 2 and 3 of the State of Oregon Air Quality Control

Program, contains control strategies, rules and standards prepared by the Department of Environmental Quality

and is adopted as the state implementation plan (SIP) of the State of Oregon pursuant to the federal Clean Air

Act, 42 U.S.C.A 7401 to 7671q.

(2) Except as provided in section (3), revisions to the SIP will be made pursuant to the Commission's

rulemaking procedures in division 11 of this chapter and any other requirements contained in the SIP and will

be submitted to the United States Environmental Protection Agency for approval. The State Implementation

Plan was last modified by the Commission on December 12, 2008.

(3) Notwithstanding any other requirement contained in the SIP, the Department may:

(a) Submit to the Environmental Protection Agency any permit condition implementing a rule that is part of the

federally-approved SIP as a source-specific SIP revision after the Department has complied with the public

hearings provisions of 40 CFR 51.102 (July 1, 2002); and

(b) Approve the standards submitted by a regional authority if the regional authority adopts verbatim any

standard that the Commission has adopted, and submit the standards to EPA for approval as a SIP revision.

NOTE: Revisions to the State of Oregon Clean Air Act Implementation Plan become federally enforceable

upon approval by the United States Environmental Protection Agency. If any provision of the federally

approved Implementation Plan conflicts with any provision adopted by the Commission, the Department shall

enforce the more stringent provision.

Slat. Auth.: ORS 468.020

Stats. Implemented: ORS 468A.035

Hist.: DEQ 35, f. 2-3-72, ef. 2-15-72; DEQ 54, f. 6-21-73, of 7-1-73; DEQ 19-1979, f. & ef. 6-25-79; DEQ 21-

1979, f. & of 7-2-79; DEQ 22-1980, f & ef. 9-26-80; DEQ 11-1981, f. & of 3-26-81; DEQ 14-1982, f. & ef. 7-

21-82; DEQ 21-1982, f. & of 10-27-82; DEQ 1-1983, f. & ef. 1-21-83; DEQ 6-1983, f. & ef. 4-18-83; DEQ 18-

1984, f. & ef. 10-16-84; DEQ 25-1984, f. & of 11-27-84; DEQ 3-1985, f & ef. 2-1-85; DEQ 12-1985, f. & ef.

9-30-85; DEQ 5-1986, f. & of 2-21-86; DEQ 10-1986, f & cf. 5-9-86; DEQ 20-1986, f & ef. 11-7-86; DEQ

21-1986, f. & ef. 11-7-86; DEQ 4-1987, f & ef. 3-2-87; DEQ 5-1987, f. & ef. 3-2-87; DEQ 8-1987, f. & of 4-

23-87; DEQ 21-1987, f. & ef. 12-16-87; DEQ 31-1988, f 12-20-88, cert. ef. 12-23-88; DEQ 2-1991, f. & cert.

ef. 2-14-91; DEQ 19-1991, f. & cert. ef. 11-13-91; DEQ 20-1991, f. & cert. ef. 11-13-91; DEQ 21-1991, f &

cert. ef. 11-13-91; DEQ 22-1991, f. & cert. ef. 11-13-91; DEQ 23-1991, f. & cert. of 11-13-91; DEQ 24-1991,

f. & cert. of 11-13-91; DEQ 25-1991, f. & cert. ef. 11-13-91; DEQ 1-1992, f. & cert. ef. 2-4-92; DEQ 3-1992, f.

& cert. ef. 2-4-92; DEQ 7-1992, f. & cert. ef. 3-30-92; DEQ 19-1992, f. & cert. ef. 8-11-92; DEQ 20-1992, f. &

cert. ef. 8-11-92; DEQ 25-1992, f. 10-30-92, cert. ef. 11-1-92; DEQ 26-1992, f & cert. ef. 11-2-92; DEQ 27-

1992, f. & cert. ef. 11-12-92; DEQ 4-1993, f. & cert. ef. 3-10-93; DEQ 8-1993, f. & cert. ef. 5-11-93; DEQ 12-

1993, f. & cert. ef. 9-24-93; DEQ 15-1993, f. & cert. of 11-4-93; DEQ 16-1993, f. & cert. ef. 11-4-93; DEQ 17-

1993, f. & cert. ef. 11-4-93; DEQ 19-1993, f. & cert. ef. I1-4-93; DEQ 1-1994, f & cert. ef. 1-3-94; DEQ 5-

1994, f. & cert. ef. 3-21-94; DEQ 14-1994, f. & cert. ef. 5-31-94; DEQ 15-1994, f. 6-8-94, cert. of 7-1-94; DEQ

25-1994, f. & cert. cf. 11-2-94; DEQ 9-1995, f. & cert. ef. 5-1-95; DEQ 10-1995, f. & cert. of 5-1-95; DEQ 14-

1995, f. & cert. ef. 5-25-95; DEQ 17-1995, f. & cert. ef. 7-12-95; DEQ 19-1995, f. & cert. ef. 9-1-95; DEQ 20-

1995 (Temp), f. & cert. ef. 9-14-95; DEQ 8-1996(Temp), f. & cert. of 6-3-96; DEQ 15-1996, f & cert. ef. 8-14-

96; DEQ 19-1996, f. & cert. ef. 9-24-96; DEQ 22-1996, f. & cert. ef. 10-22-96; DEQ 23-1996, f. & cert. of 11--

4-96; DEQ 24-1996, f. & cert. ef. 11-26-96; DEQ 10-1998, f. & cert. ef. 6-22-98; DEQ 15-1998, f. & cert. of 9-

23-98; DEQ 16-1998, f. & cert. ef. 9-23-98; DEQ 17-1998, f & cert. of 9-23-98; DEQ 20-1998, f. & cert. ef.
Attachment 3.1, pg. 2

10-12-98; DEQ 21-1998, f. & cert. ef. 10-12-98; DEQ 1-1999, f. & cert. ef. 1-25-99; DEQ 5-1999, f. & cert. ef.

3-25-99; DEQ 6-1999, f. & cert. of 5-21-99; DEQ 10-1999, f. & cert. ef. 7-1-99; DEQ 14-1999, f. & cert. of

10-14-99, Renumbered from 340-020-0047; DEQ 15-1999, f. & cert. of 10-22-99; DEQ 2-2000, f. 2-17-00,

cert. ef. 6-Al-01; DEQ 6-2000, f. & cert. of. 5-22-00; DEQ 8-2000, f. & cert. ef. 6-6-00; DEQ 13-2000, f. &

cert. ef. 7-28-00; DEQ 16-2000, f. & cert. of. 10-25-00; DEQ 17-2000, f. & cert. ef 10-25-00; DEQ 20-2000 f.

& cert. ef. 12-15-00; DEQ 21-2000, f. & cert. ef. 12-15-00; DEQ 2-2001, f. & cert. of 2-5-01; DEQ 4-2001, f.

& cert. ef. 3-27-01; DEQ 6-2001, f. 6-18-01, cert. ef. 7-1-01; DEQ 15-2001, f. & cert. ef. 12-26-01; DEQ 16-

2001, f. & cert. ef. 12-26-01; DEQ 17-2001, f. & cert. ef. 12-28-01; DEQ 4-2002, f. & cert. ef. 3-14-02; DEQ 5-

2002, f. & cert. of 5-3-02; DEQ 11-2002, f. & cert. ef. 10-8-02; DEQ 5-2003, f. & cert. ef. 2-6-03; DEQ 14-

2003, f. & cert. ef. 10-24-03; DEQ 19-2003, f. & cert. of. 12-12-03; DEQ 1-2004, f. & cert. of 4-14-04; DEQ

10-2004, f. & cert. ef. 12-15-04; DEQ 1-2005, f. & cert. ef. 1-4-05; DEQ 2-2005, f. & cert. ef. 2-10-05; DEQ 4-

2005, f. 5-13-05, cert. ef. 6-1-05; DEQ 7-2005, f. & cert. ef. 7-12-05; DEQ 9-2005, f. & cert. ef. 9-9-05; DEQ

2-2006, f. & cert. ef. 3-14-06; DEQ 4-2006, f. 3-29-06, cert. ef. 3-31-06; DEQ 3-2007, f. & cert. ef. 4-12-07;

DEQ 4-2007, f & cert. ef. 6-28-07; DEQ 8-2007, f & cert. ef. 11-8-07; DEQ 5-2008, f. & cert. of 3-20-08;

DEQ 11-2008, f. & cert. ef. 8-29-08
Attachment 3.1, pg. 3

DEPARTMENT OF ENVIRONMENTAL QUALITY

DIVISION 216

AIR CONTAMINANT DISCHARGE PERMITS

340-216-0020

Applicability

This division applies to all sources referred to in Table 1. This division also applies to Oregon Title V

Operating Permit program sources when an ACDP is required by OAR 340-218-0020 or 340-224-0010.

(1) No person may construct, install, establish, develop or operate any air contaminant source which is referred

to in Table 1 without first obtaining an Air Contaminant Discharge Permit (ACDP) from the Department or

Regional Authority. No person may continue to operate an air contaminant source if the ACDP expires, or is

terminated or revoked; except as provided in OAR 340-216-0082.

(a) For portable sources, a single permit may be issued for operating at any area of the state if the permit

includes the requirements from both the Department and Regional Authorities.

(b) The Department or Regional Authority where the portable source's Corporate offices are located will be

responsible for issuing the permit. If the corporate office of a portable source is located outside of the state, the

Department will be responsible for issuing the permit.

(2) No person may construct, install, establish, or develop any source that will be subject to the Oregon Title V

Operating Permit program without first obtaining an ACDP from the Department or Regional Authority.

(3) No person may modify any source that has been issued an ACDP without first complying with the

requirements of OAR 340-210-0205 through 340-210-0250.

(4) No person may modify any source required to have an ACDP such that the source becomes subject to the

Oregon Title V Operating Permit program without complying with the requirements of OAR 340-210-0205

through 340-210-0250.

(5) No person may increase emissions above the PSEL by more than the de minimis levels specified in OAR

340-200-0020 without first applying for and obtaining a modified ACDP.

NOTE: This rule is included in the State of Oregon Clean Air Act Implementation Plan as adopted by the EQC

under OAR 340-211-0040.

[ED. NOTE: Tables referenced are available from the agency.]

Stat. Auth.: ORS 468.020

Stats. Implemented: ORS 468A

Mist.: DEQ 47, f. 8-31-72, ef. 9-15-72; DEQ 63, f. 12-20-73, ef. 1-11-74; DEQ 107, f. & ef. 1-6-76;

Renumbered from 340-020-0033; DEQ 125, f. & ef. 12-16-76; DEQ 20-1979, f. & ef. 6-29-79; DEQ 23-1980,

f. & ef. 9-26-80; DEQ 13-1981, f 5-6-81, ef. 7-1-81; DEQ 11-1983, f & ef. 5-31-83; DEQ 3-1986, f. & ef. 2-

12-86; DEQ 12-1987, f & ef. 6-15-87; DEQ 27-1991, f. & cert. ef. 11-29-91; DEQ 4-1993, f. & cert. ef. 3-10-

93; DEQ 12-1993, f. & cert. ef. 9-24-93, Renumbered from 340-020-0155; DEQ 19-1993, f. & cert. ef. 11-4-93;

DEQ 22-1994, f & cert. of 10-4-94; DEQ 22-1995, f. & cert. ef. 10-6-95; DEQ 19-1996, f. & cert. ef. 9-24-96;

DEQ 22-1996, f& cert. ef. 10-22-96; DEQ 14-1999, f & cert. of 10-14-99, Renumbered from 340-028-1720;

DEQ 6-2001, f. 6-18-01, cert. ef. 7-1-01; DEQ 4-2002, f. & cert. ef. 3-14-02; DEQ 7-2007, f. & cert. ef. 10-18-

07; DEQ 8-2007, f. & cert. ef. 11-8-07

340-216-0060

General Air Contaminant Discharge Permits

(1) Applicability.

(a) The Commission may issue a General ACDP under the following circumstances:

(A) There are several sources that involve the same or substantially similar types of operations;

(B) All requirements applicable to the sources can be contained in a General ACDP;
Attachment 3.1, pg. 4

(C) The emission limitations, monitoring, recordkeeping, reporting and other enforceable conditions are the

same for all sources covered by the General ACDP; and

(D) The pollutants emitted are of the same type for all covered sources.

(b) Permit content. Each General ACDP must include the following:

(A) All relevant requirements;

(B) Generic PSELs for all pollutants emitted at more than the deminimis level in accordance with OAR 340,

division 222;

(C) Testing, monitoring, recordkeeping, and reporting requirements necessary to ensure compliance with the

PSEL and other applicable emissions limits and standards; and

(D) A permit duration not to exceed 10 years.

(c) Permit issuance procedures: A General ACDP requires public notice and opportunity for comment in

accordance with ORS 183.325 to 183.410. All General ACDPs are on file and available for review at the

Department's headquarters.

(2) Source assignment:

(a) Application requirements. Any person requesting that a source be assigned to a General ACDP must submit

a written application in accordance with OAR 340-216-0040 that includes the information in OAR 340-216-

0040(1), specifies the General ACDP source category, and shows that the source qualifies for the General

ACDP.

(b) Fees. Applicants must pay the fees set forth in Table 2 of OAR 340-216-0020.

(c) Source assignment procedures:

(A) Assignment of a source to a General ACDP is a Category I permit action and is subject to the Category I

public notice requirements in accordance with OAR 340, division 209.

(B) A person is not a permittee under the General ACDP until the Department assigns the General ACDP to the

person.

(C) Assignments to General ACDPs terminate when the General ACDP expires or is modified, terminated or

revoked.

(3) Commission Initiated Modification. If the Commission detennines that the conditions have changed such

that a General ACDP for a category needs to be modified, the Commission may issue a new General ACDP for

that category and the Department may assign all existing General ACDP permit holders to the new General

ACDP.

(4) Rescission. In addition to OAR 340-216-0082 (Termination or Revocation of an ACDP), the Department

may rescind an individual source's assignment to a General ACDP if the source no longer meets the

requirements of this rule or the conditions of the permit, including, but not limited to the source having an

ongoing, reoccurring or serious compliance problem. Upon rescinding a sources assignment to a eneral

ACDP the Department will place the source on a Simple or Standard ACDP. The Commission may also revoke

a General ACDP if conditions, standards or rules have changed so the permit no longer meets the requirements

of this rule.

(5) General ACDPs adopted by reference. The following General ACDPs are adopted by this reference and

incorporated herein:

(a) AQGP-001, Hard chrome platers (February 3, 2006) 3 ;

(b) AQGP-002, Decorative chrome platers (February 3, 2006) 2 ;

(c) AQGP-003, Halogenated solvent degreasers -- batch cold (August 10, 2001) 2 ;

(d) AQGP-004, Halogenated solvent degreasers -- batch vapor and in-line (December 12, 2008) 2 ;

(e) AQGP-005, Halogenated solvent degreasers -- batch cold, batch vapor, and in-line (December 12, 2008) 2 ;

(f) AQGP-006, Dry cleaners (August 10, 2001) 1 ;

(g) AQGP-007, Asphalt plants (October 17, 2007) 3 ;

(h) AQGP-008, Rock crushers (October 17, 2007)2;

(i) AQGP-009, Ready-mix concrete (October 17, 2007) 1 ;

(j) AQGP-010, Sawmills, planing mills, millwork, plywood manufacturing and veneer drying (October 17,

2007)3 ;
Attachment 3.1, pg. 5

(k) AQGP-011, Boilers (October 17, 2007) 2 ;

(1) AQGP-012, Crematories (October 17, 2007) 2 ;

(m) AQGP-013, Grain elevators (August 10, 2001) 1 ;

(n) AQGP-014, Prepared feeds, flour, and cereal (August 10, 2001) 1 ;

(o) AQGP-015, Seed cleaning (August 10, 2001) 1 ;

(p) AQGP-016, Coffee roasters (August 10, 2001) 1 ;

(q) AQGP-017, Bulk gasoline plants (December 12, 2008) 1 ;

(r) AQGP-018, Electric power generators (August 10, 2001)2 ;

(s) AQGP-019, Clay ceramics (December 12, 2008) 1 ;

(t) AQGP-020, Hospital sterilizers (December 12, 2008);

(u) AQGP-021, Secondary nonferrous metals (December 12, 2008) 1 ;

(v) AQGP-022, Gasoline dispensing facilities - stage I (December 12, 2008) 5 ;

(w) AQGP-023, Gasoline dispensing facilities - stage II (December 12, 2008);

(z) AQGP-024, Wood preserving -- (December 12, 2008).

NOTES: 1 The referenced General ACDPs specify that they are Fee Class One under OAR 340-216-0020,

Table 2. 2 The referenced General ACDPs specify that they are Fee Class Two under OAR 340-216-0020, Table

2. The referenced General ACDPs specify that they are Fee Class Three under OAR 340-216-0020, Table 2. 4

The referenced General ACDPs specify that they are Fee Class Four under OAR 340-216-0020, Table 2.5 The

referenced General ACDPs specify that they are Fee Class Five under OAR 340-216-0020, Table 2.

NOTE: Except for OAR 340-216-0060(5), this rule is included in the State of Oregon Clean Air Act

Implementation Plan as adopted by the EQC under OAR 340-200-0040.

[ED. NOTE: Tables referenced in this rule are available from the agency.]

Stat. Auth.: ORS 468 & 468A

Stats. Implemented: ORS 468.020 & 468A.025

I-list.: DEQ 14-1998, f. & cert. ef. 9-14-98; DEQ 14-1999, f. & cert. ef. 10-14-99, Renumbered from 340-028-

1725; DEQ 6-2001, f..6-18-01, cert. ef. 7-1-01; DEQ 10-2001, f. & cert. of 8-30-01; DEQ 4-2002, f. & cert. ef.

3-14-02; DEQ 2-2006, f & cert. ef. 3-14-06; DEQ 8-2007, f. & cert. ef. 11-8-07
Attachment 3.1, pg. 6
Attachment 3 .1, pg. 7

DIVISION 242

RULES APPLICABLE TO THE PORTLAND AREA

Gasoline Vapors from Gasoline Transfer and

Dispensing Operations

340-242-0520

General Provisions

(1) No owner and/or operator of a gasoline-dispensing facility shall transfer or allow the transfer of gasoline

into a motor vehicle fuel tank at gasoline-dispensing facilities located in Clackamas, Multnomah or Washington

Counties whose annual throughput exceeds 600,000 gallons, unless the gasoline-dispensing facility is equipped

with a stage II vapor collection system which must be approved by the Department before it is installed.

[NOTES:

-1- Underground piping requirements are described in OAR 340-150-0001 through 340-150-0003 and 40 CFR

280.20(d). Systems installed according to American Petroleum Institute Publication 1615, "Installation of

Underground Petroleum Storage System" or Petroleum Equipment Institute Publication RP 100, "Recommended

Practices for Installation of Underground Liquid Storage Systems" or American National Standards Institute

Standard B31.4 "Liquid Petroleum Transportation Piping System" are considered approved systems.

-2- Above-ground stage II equipment requirements are based on systems recently approved in other states with

established stage II program, See the Oregon Department of Environmental Quality, Air Quality Division, for

the list of approved equipment. Any other proposed equivalent systems must be submitted to the Department of

Environmental Quality, Air Quality Division, for approval before installation.]

(2) Owners and/or operators of gasoline-dispensing facilities subject to stage II vapor collection requirements

must:

(a) Install all necessary stage II vapor collection and control systems, and make any modifications necessary to

comply with the requirements;

(b) Provide adequate training and written instructions to the operator of the affected gasoline-dispensing facility

and the gasoline transport vehicle;

(c) Replace, repair or modify any worn or ineffective component or design element to ensure the vapor-tight

integrity and efficiency of the stage II vapor collection systems; and

(d) Connect and ensure proper operation of the stage II vapor collection systems whenever gasoline is being

loaded, unloaded or dispensed.

(3) Approval of a stage II vapor collection system by the Department does not relieve the owner and/or operator

of the responsibility to comply with other applicable codes and regulations pertaining to fire prevention, weights

and measures and safety matters.

(4) Regarding installation and testing of piping for stage II vapor collection systems:

(a) Piping shall be installed in accordance with standards in OAR 340 Division 150;

(b) Piping shall be installed by a licensed installation service provider pursuant to OAR 340 Division 160; and

(c) Piping shall be tested prior to being placed into operation by an installation or tank tightness testing service

provider licensed pursuant to OAR 340 Division 160.

[NOTE: Test methods are based on methods used in other states with established stage II programs. See the

Oregon Department of Environmental Quality, Air Quality Division, for copies of the approved test methods.]

[NOTE: This rule is included in the State of Oregon Clean Air Act Implementation Plan as adopted by the

Environmental Quality Commission under OAR 340-200-0040.]

[Publications: The publication(s) referred to or incorporated by reference in this rule are available from the

office of the Department of Environmental Quality.]

Stat. Auth.: ORS 468.020 & ORS 468A.025

S tats. Implemented: ORS 468A.025

Hist.: DEQ 7-1991, f. & cert. ef. 5-7-91 (and corrected 6-7-91); DEQ 4-1993, f. & cert. ef. 3-10-93; DEQ 25-
Attachment 3.1, pg. 8

1994, f. & cert. ef. 11-22-94; DEQ 16-1996, f. & cert. of 8-14-96; DEQ 20-1998, f. & cert. ef. 10-12-98; DEQ

14-1999, f. & cert. of 10-14-99, Renumbered from 340-022-0402
Attachment 3.1, pg. 9

DIVISION 244

OREGON FEDERAL HAZARDOUS AIR POLLUTANT PROGRAM

General Provisions for Stationary Sources

340-244-0020

Delegation of Authority

(1) The Lane Regional Air Protection Agency (LRAPA) is authorized to implement and enforce, within its

boundaries, this Division.

(2) The Commission may authorize LRAPA to implement and enforce its own provisions upon a finding that

such provisions are at least as stringent as a corresponding provision in this Division. LRAPA may implement

and enforce provisions authorized by the Commission in place of any or all of this Division upon receipt of

delegation from EPA or approval of such provisions under Section 112(1) of the Federal Clean Air Act.

Authorization provided under this section may be withdrawn for cause by the Commission.

Stat. Auth.: ORS 468 & ORS 468A

Stats. Implemented: ORS 468A.025

Hist.: DEQ 13-1993, f & cert. ef. 9-24-93; DEQ 18-1993, f. & cert. ef. 11-4-93; DEQ 14-1999, f. & cert. ef. 10-

14-99, Renumbered from 340-032-0110

340-244-0030

Definitions

The definitions in OAR 340-200-0020, 340-218-0030 and this rule apply to this division. If the same term is

defined in this rule and OAR 340-200-0020 or 340-218-0030, the definition in this rule applies to this division.

(1) "Accidental Release" means an unanticipated emission of a regulated substance or other extremely

hazardous substance into the ambient air from a stationary source.

(2) "Act" and "FCAA" mean the Federal Clean Air Act, Public Law 88-206 as last amended by Public Law

101-549.

(3) "Annual throughput" means the amount of gasoline transferred into a gasoline dispensing facility during 12

consecutive months.

(4) "Area Source" means any stationary source which has the potential to emit hazardous air pollutants but is

not a major source of hazardous air pollutants.

(5) "CFR" means Code of Federal Regulations and, unless otherwise expressly identified, refers to the July 1,

2008 edition.

(6) "Commission" means the Oregon Environmental Quality Commission.

(7) "Construct a major source" means to fabricate, erect, or install at any greenfield site a stationary source or

group of stationary sources which is located within a contiguous area and under common control and which

emits or has the potential to emit 10 tons per year oaf any HAPs or 25 tons per year of any combination of HAP,

or to fabricate, erect, or install at any developed site a new process or production unit which in and of itself

emits or has the potential to emit 10 tons per year of any HAP or 25 tons per year of any combination of HAP,

unless the process or production unit satisfies criteria in paragraphs (a) through (f) of this definition:

(a) All HAP emitted by the process or production unit that would otherwise be controlled under the

requirements of 40 CFR Part 63, Subpart B will be controlled by emission control equipment which was

previously installed at the same site as the process or production unit;

(b) The Department has determined within a period of 5 years prior to the fabrication, erection, or installation of

the process or production unit that the existing emission control equipment represented the best available

control technology (BACT), lowest achievable emission rate (LAER) under 40 CFR part 51 or 52, toxics-best

available control technology (T-BACT), or MACT based on State air toxic rules for the category of pollutants

which includes those HAP to be emitted by the process or production unit; or the Department determines that

the control of HAP emissions provided by the existing equipment will be equivalent to that level of control
Attachment 3.1, pg. 10

currently achieved by other well-controlled similar sources (i.e., equivalent to the level of control that would be

provided by a current BACT, LAER, T-BACT, or State air toxic rule MACT determination).

(c) The Department determines that the percent control efficiency for emission of HAP from all sources to be

controlled by the existing control equipment will be equivalent to the percent control efficiency provided by the

control equipment prior to the inclusion of the new process or production unit;

(d) The Department has provided notice and an opportunity for public comment concerning its determination

that criteria in paragraphs (a), (b), and (c) of this definition apply and concerning the continued adequacy of any

prior LAER, BACT, T-BACT, or State air toxic rule MACT determination;

(e) If any commenter has asserted that a prior LAER, BACT, T-BACT, or State air toxic rule MACT

determination is no longer adequate, the Department has determined that the level of control required by that

prior determination remains adequate; and

(f) Any emission limitations, work practice requirements, or other terms and conditions upon which the above

determinations by the Department are predicated will be construed by the Department as applicable

requirements under section 504(a) and either have been incorporated into any existing Title V permit for the

affected facility or will be incorporated into such permit upon issuance.

(8) "Department" means the Department of Environmental Quality.

(9) "Director" means the Director of the Department or Regional Agency, and authorized deputies or officers.

(10) "Dual-point vapor balance system" means a type of vapor balance system in which the storage tank is

equipped with an entry port for a gasoline fill pipe and a separate exit port for a vapor connection.

(11) "Emission" means a release into the atmosphere of any regulated pollutant or air contaminant.

(12) "Emissions Limitation" and "Emissions Standard" mean a requirement adopted by the Department or

Regional Agency, or proposed or promulgated by the Administrator of the EPA, which limits the quantity, rate,

or concentration of emissions of air pollutants on a continuous basis, including any requirements which limit the

level of opacity, prescribe equipment, set fuel specifications, or prescribe operation or maintenance procedures

for a source to assure continuous emission reduction.

(13) "Emissions Unit" means any part or activity of a stationary source that emits or has the potential to emit

any regulated air pollutant.

(a) A part of a stationary source is any machine, equipment, raw material, product, or by-product that produces

or emits air pollutants. An activity is any process, operation, action, or reaction (e.g., chemical) at a stationary

source that emits air pollutants. Except as described in paragraph (d) of this definition, parts and activities may

be grouped for purposes of defining an emissions unit provided the following conditions are met:

(A) The group used to define the emissions unit may not include discrete parts or activities to which a distinct

emissions standard applies or for which different compliance demonstration requirements apply; and

(B)-The emissions from the emissions unit are quantifiable.

(b) Emissions units may be defined on a pollutant by pollutant basis where applicable;

(c) The term "emissions unit" is not meant to alter or affect the definition of the term "unit" for purposes of Title

IV of the FCAA;

(d) Parts and activities cannot be grouped for determining emissions increases from an emissions unit under

OAR 340-224-0050 through 340-224-0070, or OAR 340 division 210, or for determining the applicability of a

New Source Performance Standard (NSPS).

(14) "EPA" means the Administrator of the United States Environmental Protection Agency or the

Administrator's designee,

(15) "Equipment leaks" means leaks from pumps, compressors, pressure relief devices, sampling connection

systems, open ended valves or lines, valves, connectors, agitators, accumulator vessels, and instrumentation

systems in hazardous air pollutant service.

(16) "Existing Source" means any source, the construction of which commenced prior to proposal of an

applicable standard under sections 112 or 129 of the FCAA.

(17) "Facility" means all or part of any public or private building, structure, installation, equipment, or vehicle

or vessel, including but not limited to ships.
Attachment 3.1, pg. 11

(18) "Fugitive Emissions" means emissions of any air contaminant that escape to the atmosphere from any point

or area that is not identifiable as a stack, vent, duct or equivalent opening.

(19) "Gasoline cargo tank" means a delivery tank truck or railcar which is loading gasoline or which has loaded

gasoline on the immediately previous load.

(20) "Gasoline dispensing facility (GDF)" means any stationary facility which dispenses gasoline into the fuel

tank of a motor vehicle.

(21) "Hazardous Air Pollutant" (HAP) means an air pollutant listed by the EPA pursuant to section 112(b) of

the FCAA or determined by the Commission to cause, or reasonably be anticipated to cause, adverse effects to

human health or the environment.

(22) "Major Source" means any stationary source or group of stationary sources located within a contiguous

area and under common control that emits or has the potential to emit considering controls, in the aggregate, 10

tons per year or more of any hazardous air pollutant or 25 tons per year or more of any combination of

hazardous air pollutants. The EPA may establish a lesser quantity, or in the case of radionuclides different

criteria, for a major source on the basis of the potency of the air pollutant, persistence, potential for

bioaccumulation, other characteristics of the air pollutant, or other relevant factors.

(23) "Maximum Achievable Control Technology (MACT)" means an emission standard applicable to major

sources of hazardous air pollutants that requires the maximum degree of reduction in emissions deemed

achievable for either new or existing sources.

(24) "Monthly throughput" means the total volume of gasoline that is loaded into all gasoline storage tanks

during a month, as calculated on a rolling 30-day average.

(25) "New Source" means a stationary source, the construction of which is commenced after proposal of a

federal MACT or January 3, 1993 of this Division, whichever is earlier.

(26) "Person" means the United States Government and agencies thereof, any state, individual, public or private

corporation, political subdivision, governmental agency, municipality, industry, co-partnership, association,

firm, trust, estate, or any other legal entity whatsoever.

(27) "Potential to Emit" means the maximum capacity of a stationary source to emit any air pollutant under its

physical and operational design. Any physical or operational limitation on the capacity of a source to emit an air

pollutant, including air pollution control equipment and restrictions on hours of operation or on the type or

amount of material combusted, stored, or processed, shall be treated as part of its design if the limitation is

enforceable by the EPA. This section does not alter or affect the use of this section for any other purposes under

the Act, or the term "capacity factor" as used in Title IV of the Act or the regulations promulgated thereunder,

Secondary emissions shall not be considered in determining the potential to emit of a source.

(28) "Reconstruct a Major Source" means the replacement of components at an existing process or production

unit that in and of itself emits or has the potential to emit 10 tons per year of any HAP or 25 tons per year of any

combination of HAP, whenever: the fixed capital cost of the new components exceeds 50 percent of the fixed

capital cost that would be required to construct a comparable process or production unit; and; it is technically

and economically feasible for the reconstructed major source to meet the applicable maximum achievable

control technology emission limitation for new sources established under 40 CFR Part 63 Subpart B.

(29) "Regional Agency" means Lane Regional Air Protection Agency.

(30) "Regulated Air Pollutant" as used in this Division means:

(a) Any pollutant listed under OAR 340-200-0400 or 340-244-0230; or

(b) Any pollutant that is subject to a standard promulgated pursuant to Section 129 of the Act.

(31) "Secondary Emissions" means emissions from new or existing sources which occur as a result of the

construction and/or operation of a source or modification, but do not come from the source itself. Secondary

emissions shall be specific, well defined, and quantifiable, and impact the same general area as the source

associated with the secondary emissions. Secondary emissions may include but are not limited to:

(a) Emissions from ships and trains coming to or from a facility;

(b) Emissions from offsite support facilities which would be constructed or would otherwise increase emissions

as a result of the construction of a source or modification.
Attachment 3.1, pg. 12

(32) "Section 111" means that section of the FCAA that includes standards of performance for new stationary

sources.

(33) "Section 112(b)" means that subsection of the FCAA that includes the list of hazardous air pollutants to be

regulated.

(34) "Section 112(d)" means that subsection of the FCAA that directs the EPA to establish emission standards

for sources of hazardous air pollutants. This section also defines the criteria to be used by EPA when

establishing the emission standards.

(35) "Section 112(e) " means that subsection of the FCAA that directs the EPA to establish and promulgate

emissions standards for categories and subcategories of sources that emit hazardous air pollutants.

(36) "Section 112(n)" means that subsection of the FCAA that includes requirements for the EPA to conduct

studies on the hazards to public health prior to developing emissions standards for specified categories of

hazardous air pollutant emission sources.

(37) "Section 112(r)" means that subsection of the FCAA that includes requirements for the EPA promulgate

regulations for the prevention, detection and correction of accidental releases.

(38) "Section 129" means that section of the FCAA that requires EPA to promulgate regulations for solid waste

combustion.

(39) "Solid Waste Incineration Unit" as used in this Division shall have the same meaning as given in Section

129(g) of the FCAA.

(40) "Stationary Source":

(a) As used in OAR 340 division 244 means any building, structure, facility, or installation which emits or may

emit any regulated air pollutant;

(b) As used in OAR 340-244-0230 means any buildings, structures, equipment, installations, or substance

emitting stationary activities:

(A) That belong to the same industrial group;

(B) That are located on one or more contiguous properties;

(C) That are under the control of the same person (or persons under common control); and

(D) From which an accidental release may occur.

(41) "Submerged filling" means, for the purposes of this subpart, the filling of a gasoline storage tank through a

submerged fill pipe whose discharge is no more than the applicable distance specified in OAR 340-244-0242(2)

from the bottom of the tank. Bottom filling of gasoline storage tanks is included in this definition.

(42) "Vapor balance system" means a combination of pipes and hoses that create a closed system between the

vapor spaces of an unloading gasoline cargo tank and a receiving storage tank such that vapors displaced from

the storage tank are transferred to the gasoline cargo tank being unloaded.

(43) "Vapor-tight" means equipment that allows no loss of vapors. Compliance with vapor-tight requirements

can be determined by checking to ensure that the concentration at a potential leak source is not equal to or

greater than 100 percent of the Lower Explosive Limit when measured with a combustible gas detector,

calibrated with propane, at a distance of 1 inch from the source.

[Publications: Publications referenced are available from the agency.]

Stat. Auth.: ORS 468.020 & 468A.025

Stats. Implemented: ORS 468A.040

Hist.: DEQ 13-1993, f. & cert. of 9-24-93; DEQ 18-1993, f. & cert. ef. 11-4-93; DEQ 24-1994, f. & cert. ef. 10-

28-94; DEQ 22-1995, f. & cert. ef. 10-6-95; DEQ 26-1996, f. & cert. ef. 11-26-96; DEQ 20-1997, f & cert. ef.

9-25-97; DEQ 18-1998, f. & cert. ef. 10-5-98; DEQ 14-1999, f. & cert. ef. 10-14-99, Renumbered from 340-

032-0120; DEQ 2-2005, f. & cert. ef. 2-10-05; DEQ 2-2006, f. & cert. ef. 3-14-06; DEQ 13-2006, f. & cert. ef.

12-22-06
Attachment 3,1, pg. 13

Emission Standards for Gasoline Dispensing Facilities

340-244-0232

Purpose

This rule establishes emission limitations and management practices for hazardous air pollutants (HAP) and

volatile organic compounds (VOC) emitted from the loading of gasoline storage tanks and dispensing of fuel at

gasoline dispensing facilities (GDF). This rule also establishes requirements to demonstrate compliance with the

emission limitations and management practices.

[NOTE: This rule is included in the State of Oregon Clean Air Act Implementation Plan as adopted by the

Environmental Quality Commission under OAR 340-200-0040.]

Stat. Auth.: ORS 468.020 & ORS 468A.025

Stats. Implemented: ORS 468A.025

340-244-0234

Affected Sources

(1) The affected source to which the emission standards apply is each GDF. The affected source includes each

gasoline cargo tank during the delivery of product to a GDF and also includes each storage tank.(2) The

emissions standards in OAR 340-244-0236 through 0252 do not apply to agricultural operations as defined in

ORS 468A.020. Agricultural operations are however required to comply with the Gasoline Dispensing

NESHAP, if applicable (40 CFR part 63 subpart CCCCCC).

(3) All GDFs must comply with the requirements of OAR 340-244-0240.

(4) The owner or operator of a GDF must comply with the requirements of OAR 340-244-0242 for the

following gasoline storage tanks:

(a) All tanks with a capacity of 250 gallons or more located at GDFs:

(A) Whose annual throughput exceeds 480,000 gallons of gasoline or more;

(B) Whose average monthly throughput exceeds 100,000 gallons of gasoline or more; or

(C) In Clackamas, Multnomah, or Washington County whose annual throughput exceeds 120,000 gallons of

gasoline or more.

(b) All tanks with a capacity of 1,500 gallons or more located at GDFs in the Portland AQMA, Medford

AQMA, or Salem SATS.

(5) The owner or operator of a GDF must comply with the requirements of OAR 340-244-0242(4) for any

gasoline storage tank equipped with a vapor balance system.

(6) An affected source must, upon request by the Department, demonstrate their annual or average monthly

throughput.

(7) The owner or operator of an affected source, as defined in section (1) of this rule, is not required to obtain a

Title V Operating Permit. However, the owner or operator must still apply for and obtain a Title V Operating

Permit if meeting one or more of the applicability criteria found in OAR 340-218-0020.

(8) The loading of aviation gasoline storage tanks at airports is not subject to this rule and the aviation gasoline

is not included in the gasoline throughput specified in sections (2) through (5) of this rule.

[NOTE: This rule is included in the State of Oregon Clean Air Act Implementation Plan as adopted by the

Environmental Quality Commission under OAR 340-200-0040.]

Stat. Auth.: ORS 468.020 & ORS 468A.025

Stats. Implemented: ORS 468A.025

340-244-0236

Affected Equipment or Processes

(1) The emission sources to which this rule applies are gasoline storage tanks and associated equipment

components in vapor or liquid gasoline service at new, reconstructed, or existing GDF that meet the criteria
Attachment 3.1, pg. 14

specified in OAR 340-244-0234. Pressure/Vacuum vents on gasoline storage tanks and the equipment necessary

to unload product from cargo tanks into the storage tanks at GDF are covered emission sources. The equipment

used for the refueling of motor vehicles is not covered by this rule.

(2) An affected source is a new affected source if construction commenced on the affected source after

November 9, 2006, and the applicability criteria in OAR 340-244-0234 are met at the time operation

commenced.

(3) An affected source is reconstructed if meeting the criteria for reconstruction as defined in 40 CFR 63.2.

(4) An affected source is an existing affected source if it is not new or reconstructed.

[NOTE: This rule is included in the State of Oregon Clean Air Act Implementation Plan as adopted by the

Environmental Quality Commission under OAR 340-200-0040.]

Stat. Auth.: ORS 468.020 & ORS 468A.025

Stats. Implemented: ORS 468A.025

340-244-0238

Compliance Dates

(1) For a new or reconstructed affected source, the owner or operator must comply with the standards in OAR

340-244-0240 and 0242, as applicable, no later than January 10, 2008 or upon startup, whichever is later, except

as follows:

(a) The owner or operator of a new or reconstructed GDF must comply with OAR 340-244-0240(l)(b) and (c)

no later than July 1, 2009 or upon startup, whichever is later.

(b) For tanks located at a GDF with average monthly throughput less than 100,000 gallons of gasoline and not

listed in OAR 340-244-0234(4)(a)(C) or (4)(b) must comply with OAR 340-244-0242, as applicable, no later

than December 13, 2009 or upon startup, whichever is later.

(c) The owner or operator of a GDF subject to Table 4 of this division must comply no later than September 23,

2008 or upon startup, whichever is later.

(2) For an existing affected source, the owner or operator must comply with the standards in OAR 340-244-

0240 and 0242, as applicable, by no later than January 10, 2011, except as follows:

(a) For tanks with a capacity between 1,500 and 40,000 gallons and located in the Portland AQMA, Medford

AQMA, or Salem SATS, the owner or operator must comply with the standards in OAR 340-244-0240(2) and

0242 no later than December 13, 2008.

(b) For tanks located at an affected source located in Clackamas, Multnomah, or Washington County, whose

annual throughput exceeds 120,000 gallons, the owner or operator must comply with the standards in OAR 340-

244-0240(2) and 0242 no later than December 13, 2008.

(c) The owner or operator of an existing GDF must comply with OAR 340-244-0240(1)(b) and (c) no later than

July 1, 2009 or upon startup, whichever is later.

(3) For an existing affected source that becomes subject to the control requirements in this rule because of an

increase in the average monthly throughput, as specified in OAR 340-244-0234(4), the owner or operator must

comply with the standards in this rule no later than January 10, 2011 or within 2 years after the affected source

becomes subject to the control requirements in this rule, whichever is later.

[NOTE: This rule is included in the State of Oregon Clean Air Act Implementation Plan as adopted by the

Environmental Quality Commission under OAR 340-200-00401

Stat. Auth.: ORS 468.020 & ORS 468A.025

Stats. Implemented: ORS 468A.025

340-244-0240

Work Practice and Submerged Fill Requirements

(1) The owner or operator of a GDF must not allow gasoline to be handled in a manner that would result in

vapor releases to the atmosphere for extended periods of time. Measures to be taken include, but are not limited

to, the following:

(a) Minimize gasoline spills;
Attachment 3.1, pg. 15

(b) Do not top off or overfill vehicle tanks;

(c) Post a sign at the GDF instructing attendants not to top off vehicle tanks;

(d) Clean up spills as expeditiously as practicable;

(e) Cover all open gasoline containers and all gasoline storage tank fill-pipes with a gasketed seal when not in

use;

(f) Minimize gasoline sent to open waste collection systems that collect and transport gasoline to reclamation

and recycling devices, such as oil/water separators.

(g) Ensure that cargo tanks unloading at the GDF comply with subsections (1)(a) through (e) of this rule.

(2) Any cargo tank unloading at a GDF equipped with a functional vapor balance system must connect to the

vapor balance system whenever gasoline is being loaded.

(3) The owner or operator must only load gasoline into storage tanks at the facility by utilizing submerged

filling, as defined in OAR 340-244-0030, and as specified in subsection (2)(a) or (2)(b) of this rule.

(a) Submerged fill pipes installed on or before November 9, 2006, must be no more than 12 inches from the

bottom of the storage tank.

(b) Submerged fill pipes installed after November 9, 2006, must be no more than 6 inches from the bottom of

the storage tank.

(4) Gasoline storage tanks with a capacity of less than 250 gallons are not required to comply with the

submerged fill requirements in section (2) of this rule.

(5) The owner or operator must submit the applicable notifications as required under OAR 340-244-0246.

(6) The owner or operator must have records available within 24 hours of a request by the Department to

document gasoline throughput.

(7) The owner or operator must comply with the requirements of this rule by the applicable dates specified in

OAR 340-244-0238.

[NOTE: This rule is included in the State of Oregon Clean Air Act Implementation Plan as adopted by the

Environmental Quality Commission under OAR 340-200-0040.]

Slat. Auth.: ORS 468.020 & ORS 468A.025

Stats. Implemented: ORS 468A.025

340-244-0242

Vapor Balance Requirements

(1) Except as provided in section (2) of this rule, the owner or operator of gasoline storage tank listed in OAR

340-244-0234(4), must meet the requirements in either subsection (1)(a) or (1)(b) of this rule.

(a) Each management practice in Table 4 of this division that applies to the GDF.

(b) If, prior to January 10, 2008, the owner or operator operates a vapor balance system at the GDF that meets

the requirements of either paragraph (2)(b)(A) or (2)(b)(B) of this rule, the owner or operator will be deemed in

compliance with this section.

(A) Achieves emissions reduction of at least 90 percent.

(B) Operates using management practices at least as stringent as those in Table 4 of this division.

(2) Gasoline storage tanks equipped with floating roofs or the equivalent are not required to comply with the

control requirements in section (1) of this rule.

(3) Cargo tanks unloading at a GDF must comply with the requirements of OAR 340-244-0240(1) and

management practices in Table 5 of this division.

(4) The owner or operator of a GDF subject to section (1) of this rule or having a gasoline storage tank equipped

with a vapor balance system, must comply with the following requirements on and after the applicable

compliance date in OAR 340-244-0238:

(a) When loading a gasoline storage tank equipped with a vapor balance system, connect and ensure the proper

operation of the vapor balance system whenever gasoline is being loaded.

(b) Maintain all equipment associated with the vapor balance system to be vapor tight and in good working

order.
Attachment 3.1, pg. 16

(c) In order to ensure that the vapor balance equipment is maintained to be vapor tight and in good working

order, have the vapor balance equipment inspected on an annual basis to discover potential or actual equipment

failures.

(d) Replace, repair or modify any worn or ineffective component or design element within 24 hours to ensure

the vapor-tight integrity and efficiency of the vapor balance system. If repair parts must be ordered, either a

written or verbal order for those parts must be initiated within 2 working days of detecting such a leak. Such

repair parts must be installed within 5 working days after receipt.

(5) The owner or operator of a GDF subject to section (1) of this rule must also comply with the following

requirements:

(a) The applicable testing requirements contained in OAR 340-244-0244.

(b) The applicable notification requirements under OAR 340-244-0246.

(c) The applicable recordkeeping and reporting requirements as specified in OAR 340-244-0248 and 0250.

(d) The owner or operator must have records available within 24 hours of a request by the Department to

document gasoline throughput.

[NOTE: This rule is included in the State of Oregon Clean Air Act Implementation Plan as adopted by the

Environmental Quality Commission under OAR 340-200-0040.]

Stat. Auth.: ORS 468.020 & ORS 468A.025

Stats. Implemented: ORS 468A.025

Testing and Monitoring Requirements

340-244-0244

Testing and Monitoring Requirements

(1) If required to install a vapor balance system under OAR 340-244-0242, the owner or operator must comply

with the requirements in subsections (1)(a) and (b) of this rule at the time of installation of a vapor balance

system or a new gasoline storage tank. Each owner or operator of a GDF with monthly throughput of 100,000

gallons of gasoline or more must comply the requirements in subsections (1)(a) and (b) of this rule every 3

years following the time of installation of a vapor balance system or a new gasoline storage tank.

(a) The owner or operator must demonstrate compliance with the leak rate and cracking pressure requirements,

specified in item 1(g) of Table 4 of this division, for pressure-vacuum vent valves installed on gasoline storage

tanks using the test methods identified in paragraph (1)(a)(A) or (B) of this rule.

(A) California. Air Resources Board Vapor Recovery Test Procedure TP-201.1E,-Leak Rate and Cracking

Pressure of Pressure/Vacuum Vent Valves, adopted October 8, 2003 (incorporated by reference, see 40 CFR

63.14).

(B) Use alternative test methods and procedures in accordance with the alternative test method requirements in

40 CFR 63.7(0.

(b) The owner or operator must demonstrate compliance with the static pressure performance requirement,

specified in item 1(h) of Table 4 of this division, for the vapor balance system by conducting a static pressure

test on the gasoline storage tanks using the test methods identified in paragraph (1)(b)(A) or (B) of this rule.

(A) California Air Resources Board Vapor Recovery Test Procedure TP-201,3,-Determination of 2-Inch WC

Static Pressure Performance of Vapor Recovery Systems of Dispensing Facilities, adopted April 12, 1996; and

amended March 17, 1999 (incorporated by reference, see 40 CFR 63.14).

(B) Use alternative test methods and procedures in accordance with the alternative test method requirements in

40 CFR 63.7(1).

(2) Each owner or operator of a GDF, choosing, under the provisions of 40 CFR 63.6(g), to use a vapor balance

system other than that described in Table 4 of this division, must demonstrate to the Department the

equivalency of their vapor balance system to that described in Table 4 of this division using the procedures

specified in subsections (2)(a) through (c) of this rule.

(a) The owner or operator must demonstrate initial compliance by conducting an initial performance test on the

vapor balance system to demonstrate that the vapor balance system achieves 95 percent reduction using the
Attachment 3.1, pg. 17

California Air Resources Board Vapor Recovery Test Procedure TP-201.1,-Volumetric Efficiency for Phase I

Vapor Recovery Systems, adopted April 12, 1996, and amended February 1, 2001, and October 8, 2003,

(incorporated by reference, see 40 CFR 63.14).

(b) The owner or operator must, during the initial performance test required under subsection (2)(a) of this rule,

determine and document alternative acceptable values for the leak rate and cracking pressure requirements

specified in item 1(g) of Table 4 of this division and for the static pressure performance requirement in item

1(h) of Table 4 of this division.

(c) The owner or operator must comply with the testing requirements specified in section (1) of this rule.

[NOTE: This rule is included in the State of Oregon Clean Air Act Implementation Plan as adopted by the

Environmental Quality Commission under OAR 340-200-0040.]

Slat. Auth.: ORS 468.020 & ORS 468A.025

Stats. Implemented: ORS 468A.025

Notifications, Records, and Reports

340-244-0246

Notifications

(1) Each owner or operator subject to the control requirements in OAR 340-244-0240(2) must comply with

subsections (1)(a) through (c) of this rule.

(a) The owner or operator must submit an Initial Notification that the owner or operator is subject to the

Gasoline Dispensing Facilities NESHAP by May 9, 2008, or at the time the owner or operator becomes subject

to the control requirements in OAR 340-244-0240(2), unless the owner or operator meets the requirements in

subsection (1)(e) of this rule. The Initial Notification must contain the information specified in paragraphs

(1)(a)(A) through (C) of this rule. The notification must be submitted to EPA's Region 10 Office and the

Department as specified in 40 CFR 63.13.

(A) The name and address of the owner and the operator.

(B) The address (i.e., physical location) of the GDF.

(C) A statement that the notification is being submitted in response to the Gasoline Dispensing Facilities

NESHAP and identifying the requirements in OAR 340-244-0240(1) through (3) that apply to the owner or

operator.

(b) The owner or operator must submit a Notification of Compliance Status to EPA's Region 10 Office and the

Department, as specified in 40 CFR 63.13, by the compliance date specified in OAR 340-244-0238 unless the

owner or operator meets the requirements in subsection (1)(c) of this rule. The Notification of Compliance

Status must be signed by a responsible official who must certify its accuracy and must indicate whether the

source has complied with the requirements of OAR 340-244-0232 through 0252. If the facility is in compliance

with the requirements of OAR 340-244-0232 through 0252 at the time the Initial Notification required under

subsection (1)(a) of this rule is due, the Notification of Compliance Status may be submitted in lieu of the Initial

Notification provided it contains the information required under subsection (1)(a) of this rule.

(c) If, prior to January 10, 2008, the owner or operator is operating in compliance with an enforceable State rule

or permit that requires submerged fill as specified in OAR 340-244-0240(2), the owner or operator is not

required to submit an Initial Notification or aNotification of Compliance Status under subsection (1)(a) or (b)

of this rule.

(2) Each owner or operator subject to the control requirements in OAR 340-244-0242 must comply with

subsections (2)(a) through (e) of this rule.

(a) The owner or operator must submit an Initial Notification that the owner or operator is subject to the

Gasoline Dispensing Facilities NESHAP by May 9, 2008, or at the time the owner or operator becomes subject

to the control requirements in OAR 340-244-0242. The Initial Notification must contain the information

specified in paragraphs (2)(a)(A) through (C) of this rule. The notification must be submitted to EPA's Region

10 Office and the Department as specified in 40 CFR 63.13.

(A) The name and address of the owner and the operator.
Attachment 3.1, pg. 18

(B) The address (i.e., physical location) of the GDF.

(C) A statement that the notification is being submitted in response to the Gasoline Dispensing Facilities

NESHAP and identifying the requirements in OAR 340-244-0242 that apply to the owner or operator.

(b) The owner or operator must submit a Notification of Compliance Status to EPA's Regional 10 Office and

the Department, as specified in 40 CFR 63.13, by the compliance date specified in OAR 340-244-0238. The

Notification of Compliance Status must be signed by a responsible official who must certify its accuracy and

must indicate whether the source has complied with the requirements of OAR 340-244-0232 through 0252. If

the facility is in compliance with the requirements OAR 340-244-0232 through 0252 at the time the Initial

Notification required under subsection (2)(a) of this rule is due, the Notification of Compliance Status may be

submitted in lieu of the Initial Notification provided it contains the information required under subsection (2)(a)

of this rule.

(c) If, prior to January 10, 2008, the owner or operator satisfies the requirements in both paragraphs (2)(c)(A)

and (B) of this rule, the owner or operator is not required to submit an Initial Notification or a Notification of

Compliance Status if the owner or operator operates a vapor balance system at the gasoline dispensing facility

that meets the requirements of either paragraphs (2)(c)(A) or (B) of this rule.

(A) Achieves emissions reduction of at least 90 percent.

(B) Operates using management practices at least as stringent as those in Table 4 of this division.

(d) The owner or operator must submit a Notification of Performance Test, as specified in 40 CFR 63.9(e),

prior to initiating testing required by OAR 340-244-0244(1) and (2).

(e) The owner or operator must submit additional notifications specified in 40 CFR 63.9, as applicable.

[NOTE: This rule is included in the State of Oregon Clean Air Act Implementation Plan as adopted by the

Environmental Quality Commission under OAR 340-200-0040.]

Stat. Auth.: ORS 468.020 & ORS 468A.025

Stats. Implemented: ORS 468A.025

340-244-0248

Recordkeeping requirements

(1) Each owner or operator must keep the following records:

(a) Records of all tests performed under OAR 340-244-0244(1) and (2);

(b) Records related to the operation and maintenance of vapor balance equipment required under OAR 340-244-

0242. Any vapor balance component defect must be logged and tracked by station personnel using forms

provided by the Department or a reasonable facsimile.

(c) Records of total throughput volume of gasoline, in gallons, for each calendar month.

(d) Records of permanent changes made at the GDF and vapor balance equipment which May affect emissions.

(2) Records required under section (1) of this rule must be kept for a period of 5 years and must be made

available for inspection by the Department during the course of a site visit.

[NOTE: This rule is included in the State of Oregon Clean Air Act Implementation Plan as adopted by the

Environmental Quality Commission under OAR 340-200-0040.]

Stat. Auth.: ORS 468.020 & ORS 468A.025

Stats. Implemented: ORS 468A.025

340-244-0250,

Reporting requirements

(1) Each owner or operator subject to the management practices in OAR 340-244-0242 must report to the

Department the results of all volumetric efficiency tests required under OAR 340-244-0244(1) and (2). Reports

submitted under this rule must be submitted within 30 days of the completion of the performance testing.

[NOTE: This rule is included in the State of Oregon Clean Air Act Implementation Plan as adopted by the

Environmental Quality Commission under OAR 340-200-0040.]

Stat. Auth.: ORS 468.020 & ORS 468A.025

Stats. Implemented: ORS 468A.025
Attachment 3.1, pg. 19

340-244-0252

General Provision applicability

Table 3 to 40 CFR part 63 subpart CCCCCC shows which parts of the General Provisions apply to the owner

or operator.

Stat. Auth.: ORS 468.020 & ORS 468A.025

Stats. Implemented: ORS 468A.025
i
Attachment 3.2, pg. 1

DEPARTMENT OF ENVIRONMENTAL QUALITY

DIVISION 200

GENERAL AIR POLLUTION

PROCEDURES AND DEFINITIONS

340-200-0040

State of Oregon Clean Air Act Implementation Plan

(1) This implementation plan, consisting of Volumes 2 and 3 of the State of Oregon Air Quality Control

Program, contains control strategies, rules and standards prepared by the Department of Environmental

Quality and is adopted as the state implementation plan (SIP) of the State of Oregon pursuant to the

federal Clean Air Act, 42 U.S.C.A 7401 to 7671q.

(2) Except as provided in section (3), revisions to the SIP will be made pursuant to the Commission's

rulemaking procedures in division 11 of this chapter and any other requirements contained in the SIP

and will be submitted to the United States Environmental Protection Agency for approval. The State

Implementation Plan was last modified by the Commission on December 12, 2008August 21, 2008.

(3) Notwithstanding any other requirement contained in the SIP, the Department may:

(a) Submit to the Environmental Protection Agency any permit condition implementing a rule that is

part of the federally-approved SIP as a source-specific SIP revision after the Department has complied

with the public hearings provisions of 40 CFR 51.102 (July 1, 2002); and

(b) Approve the standards submitted by a regional authority if the regional authority adopts verbatim

any standard that the Commission has adopted, and submit the standards to EPA for approval as a SIP

revision.

NOTE: Revisions to the State of Oregon Clean Air Act Implementation Plan become federally

enforceable upon approval by the United States Environmental Protection Agency. If any provision of

the federally approved Implementation Plan conflicts with any provision adopted by the Commission,

the Department shall enforce the more stringent provision.

Stat. Auth.: ORS 468.020

Stats. Implemented: ORS 468A.035

Hist.: DEQ 35, f. 2-3-72, e£ 2-15-72; DEQ 54, f. 6-21-73, of 7-1-73; DEQ 19-1979, f. & ef. 6-25-79;

DEQ 21-1979, f. & ef. 7-2-79; DEQ 22-1980, f. & ef. 9-26-80; DEQ 11-1981, f. & of 3-26-81; DEQ

14-1982, f. & ef. 7-21-82; DEQ 21-1982, f. & ef. 10-27-82; DEQ 1-1983, f. & ef. 1-21-83; DEQ 6-1983,

f. & ef. 4-18-83; DEQ 18-1984, f. & ef. 10-16-84; DEQ 25-1984, f. & of 11-27-84; DEQ 3-1985, f. &

ef. 2-1-85; DEQ 12-1985, f. & ef. 9-30-85; DEQ 5-1986, f. & of. 2-21-86; DEQ 10-1986, f. & ef. 5-9-

86; DEQ 20. 1986, f & of 11-7-86; DEQ 21-1986, f. & ef. 11-7-86; DEQ 4-1987, f. & ef. 3-2-87; DEQ

5-1987, f. & of. 3-2-87; DEQ 8-1987, f. & ef. 4-23-87; DEQ 21-1987, f. & ef. 12-16-87; DEQ 31-1988,

f. 12-20-88, cert. e£ 12-23-88; DEQ 2-1991, f. & cert. of 2-14-91; DEQ 19-1991, f. & cert. ef. 11-13-

91; DEQ 20-1991, f. & cert. ef. 11-13-91; DEQ 21-1991, f. & cert. ef. 11-13-91; DEQ 22-1991, f. &

cert. of 11-13-91; DEQ 23-1991, f. & cert. ef. 11-13-91; DEQ 24-1991, f. & cert. ef. 11-13-91; DEQ

25-1991, f. & cert. e£ 11-13-91; DEQ 1-1992, f. & cert. ef. 2-4-92; DEQ 3-1992, f. & cert. ef. 2-4-92;

DEQ 7-1992, f & cert. ef. 3-30-92; DEQ 19-1992, f. & cert. ef. 8-11-92; DEQ 20-1992, f. & cert. ef. 8-

11-92; DEQ 25-1992, f. 10-30-92, cert. of 11-1-92; DEQ 26-1992, f. & cert. ef. 11-2-92; DEQ 27-1992,

f. & cert. of 11-12-92; DEQ 4-1993, f. & cert. ef. 3-10-93; DEQ 8-1993, f. & cert. ef. 5-11-93; DEQ 12-

1993, f. & cert. of 9-24-93; DEQ 15-1993, f. & cert. ef. 11-4-93; DEQ 16-1993, f. & cert. of 11-4-93;

DEQ 17-1993, f. & cert. ef. 11-4-93; DEQ 19-1993, f. & cert. ef. 11-4-93; DEQ 1-1994, f. & cert. of 1-

3-94; DEQ 5-1994, f. & cert. of 3-21-94; DEQ 14-1994, f. & cert. of 5-31-94; DEQ 15-1994, f. 6-8-94,
Attachment 3.2, pg. 2

cert. ef. 7-1-94; DEQ 25-1994, f. & cert. of 11-2-94; DEQ 9 . 1995,1: & cert. ef. 5-1-95; DEQ 10-1995,

f. & cert. cf. 5-1-95; DEQ 14-1995, f. & cert. ef. 5-25-95; DEQ 17-1995, f. & cert. ef. 7-12-95; DEQ 19-

1995, f. & cert. ef. 9-1-95; DEQ 20-1995 (Temp), f. & cert. ef. 9-14-95; DEQ 8-1996(Temp), f. & cert.

ef. 6-3-96; DEQ 15-1996, f. & cert. ef. 8-14--96; DEQ 19-1996, f. & cert. ef. 9-24-96; DEQ 22-1996, f.

& cert. ef. 10-22-96; DEQ 23-1996, f. & cert. ef. 11-4-96; DEQ 24-1996, f. & cert. ef. 11-26-96; DEQ

10-1998, f. & cert. ef. 6-22-98; DEQ 15-1998, f. & cert. ef. 9-23-98; DEQ 16-1998, f. & cert. of 9-23-

98; DEQ 17-1998, f. & cert. ef. 9-23-98; DEQ 20-1998, f. & cert. ef. 10-12-98; DEQ 21-1998, f & cert.

ef. 10-12-98; DEQ 1-1999, f. & cert. of 1-25-99; DEQ 5-1999, f & cert. ef. 3-25-99; DEQ 6-1999, f. &

cert. ef. 5-21-99; DEQ 10-1999, f & cert. of 7-1-99; DEQ 14-1999, f & cert. ef. 10-14-99, Renumbered

from 340-020-0047; DEQ 15-1999, f. & cert. of 10-22-99; DEQ 2-2000, f. 2-17-00, cert. ef. 6-Al-01;

DEQ 6-2000, f. & cert. ef. 5-22-00; DEQ 8-2000, f. & cert. ef. 6-6-00; DEQ 13-2000, f. & cert. ef. 7-28-

00; DEQ 16-2000, f. & cert. ef. 10-25-00; DEQ 17-2000, f. & cert. ef. 10-25-00; DEQ 20-2000 f. & cert.

ef. 12-15-00; DEQ 21-2000, f & cert. ef. 12-15-00; DEQ 2-2001, f. & cert. of 2 .5-01; DEQ 4-2001, f.

& cert. of 3-27-01; DEQ 6-2001, f. 6-18-01, cert. ef. 7-1-01; DEQ 15-2001, f. & cert. ef. 12-26-01;

DEQ 16-2001, f. & cert. of 12-26-01; DEQ 17-2001, f & cert. ef. 12-28-01; DEQ 4-2002, f. & cert. ef.

3-14-02; DEQ 5-2002, f. & cert. of 5-3-02; DEQ 11-2002, f. & cert. ef. 10-8-02; DEQ 5-2003, f & cert.

ef. 2-6-03; DEQ 14-2003, f. & cert. ef. 10-24-03; DEQ 19-2003, f. & cert. ef. 12-12-03; DEQ 1-2004, f.

& cert. ef. 4-14-04; DEQ 10-2004, f. & cert. ef. 12-15-04; DEQ 1-2005, f. & cert. of 1-4-05; DEQ 2-

2005, f. & cert. ef. 2-10-05; DEQ 4-2005, f. 5-13-05, cert. ef. 6-1-05; DEQ 7-2005, f. & cert. ef. 7-12-

05; DEQ 9-2005, f. & cert. of 9-9-05; DEQ 2-2006, f & cert. of 3-14-06; DEQ 4-2006, f. 3-29-06, cert.

ef. 3-3.1-06; DEQ 3-2007, f. & cert. ef. 4-12-07; DEQ 4-2007, f. & cert. ef. 6-28-07; DEQ 8-2007, f.

& cert. of 11-8-07; DEQ 5-2008, f. & cert. ef. 3-20-08; DEQ 11-2008, f. & cert. ef. 8-29-08
Attachment 3.2, pg. 3

DEPARTMENT OF ENVIRONMENTAL QUALITY

DIVISION 216

AIR CONTAMINANT DISCHARGE PERMITS

340-216-0060

General Air Contaminant Discharge Permits

(1) Applicability.

(a) The Commission may issue a General ACDP under the following circumstances:

(A) There are several sources that involve the same or substantially similar types of operations;

(B) All requirements applicable to the sources can be contained in a General ACDP;

(C) The emission limitations, monitoring, recordkeeping, reporting and other enforceable conditions are

the same for all sources covered by the General ACDP; and

(D) The pollutants emitted are of the same type for all covered sources.

(b) Permit content. Each General ACDP must include the following:

(A) All relevant requirements;

(B) Generic PSELs for all pollutants emitted at more than the deminimis level in accordance with OAR

340, division 222;

(C) Testing, monitoring, recordkeeping, and reporting requirements necessary to ensure compliance with

the PSEL and other applicable emissions limits and standards; and

(D) A permit duration not to exceed I 0 years.

(c) Permit issuance procedures: A General ACDP requires public notice and opportunity for comment in

accordance with ORS 183.325 to 183.410. All General ACDPs are on file and available for review at the

Department's headquarters.

(2) Source assignment:

(a) Application requirements. Any person requesting that a source be assigned to a General ACDP must

submit a written application in accordance with OAR 340-216-0040 that includes the information in

OAR 340-216-0040(1), specifies the General ACDP source category, and shows that the source

qualifies for the General ACDP.

(b) Fees. Applicants must pay the fees set forth in Table 2 of OAR 340-216-0020.

(c) Source assignment procedures:

(A) Assignment of a source to a General ACDP is a Category 1 permit action and is subject to the

Category 1 public notice requirements in accordance with OAR 340, division 209.

(B) A person is not a permittee under the General ACDP until the Department assigns the General

ACDP to the person.

(C) Assignments to General ACDPs terminate when the General ACDP expires or is modified,

terminated or revoked.

(3) Commission Initiated Modification. If the Commission determines that the conditions have changed

such that a General ACDP for a category needs to be modified, the Commission may issue a new

General ACDP for that category and the Department may assign all existing General ACDP permit

holders to the new General ACDP.

(4) Rescission. In addition to OAR 340-216-0082 (Termination or Revocation of an ACDP), the

Department may rescind an individual source's assignment to a General ACDP if the source no longer

meets the requirements of this rule or the conditions of the permit, including, but not limited to the

source having an ongoing, reoccurring or serious compliance problem. Upon rescinding a source's
Attachment 3.2, pg. 4

assignment to a General ACDP the Department will place the source on a Simple or Standard ACDP.

The Commission may also revoke a General ACDP if conditions, standards or rules have changed so the

permit no longer meets the requirements of this rule.

(5) General ACDPs adopted by reference. The following General ACDPs are adopted by this reference

and incorporated herein:

(a) AQGP-001, Hard chrome platers (February 3, 2006);

(b) AQGP-002, Decorative chrome platers (February 3, 2006) 2 ;

(c) AQGP-003, Halogenated solvent degreasers -- batch cold (August 10, 2001) 2 ;

(d) AQGP-004, Halogenated solvent degreasers -- batch vapor and in-line (December 12, 2008August

10, 2001)2 ;

(e) AQGP-005, Halogenated solvent degreasers -- batch cold, batch vapor, and in-line (December 12,

2008August 10, 2001)2;

(f) AQGP-006, Dry cleaners (August 10, 2001) 1 ;

(g) AQGP-007, Asphalt plants (October 17, 2007);

(h) AQGP-008, Rock crushers (October 17, 2007) 2;

(i) AQGP-009, Ready-mix concrete (October 17, 2007) 1 ;

(j) AQGP-010, Sawmills, planing mills, millwork, plywood manufacturing and veneer drying (October

17, 2007)3.;

(k) AQGP-011, Boilers (October 17, 2007) 2 ;

(1) AQGP-012, Crematories (October 17, 2007) 2;

(m) AQGP-013, Grain elevators (August 10, 2001) 1 ;

(n) AQGP-014, Prepared feeds, flour, and cereal (August 10, 2001) 1 ;

(o) AQGP-015, Seed cleaning (August 10, 2001) 1 ;

(p) AQGP-016, Coffee roasters (August 10, 2001) 1 ;

(q) .AQGP-017, Bulk gasoline plants (December 12, 2008August 10, 2001) 1 ;.

(r) AQGP-018, Electric power generators (August 10, 2001) 2;-.

(s) AQGP-019, Clay ceramics (December 12, 2008) 1 ;

(t) AQGP-020, Hospital sterilizers (December 12, 2008) 4 ;

(u) AQGP-021, Secondary nonferrous metals (December 12, 2008) 1 ;

(v) AQGP-022, Gasoline dispensing facilities -- stage I (December 12, 2008);

(w) AQGP-023, Gasoline dispensing facilities - stage II (December 12, 2008)4;

z A GP-024 Wood preserving -December 12 2008 4.

- -NOTES-: 1 The-referenced General-ACDPs specify that-they are Fee Class-One under OAR 340-216-

0020, Table 2. 2 The referenced General ACDPs specify that they are Fee Class Two under OAR 340-

216-0020, Table 2. The referenced General ACDPs specify that they are Fee Class Three under OAR

340-216-0020, Table 2.4 The referenced General ACDPs specify that they are Fee Class Four under

OAR 340-216-0020 Table 2.5The referenced General ACDPs specify that they are Fee Class Five

under OAR 340-216-0020. Table 2.

NOTE: Except for OAR 340-216-0060(5), this rule is included in the State of Oregon Clean Air Act

Implementation Plan as adopted by the EQC under OAR 340-200-0040.

[ED. NOTE: Tables referenced in this rule are available from the agency.]

Stat. Auth.: ORS 468 & 468A

Stats. Implemented: ORS 468.020 & 468A.025

Hist.: DEQ 14-1998, f. & cert. ef. 9-14-98; DEQ 14-1999, £ & cert. ef. 10-14-99, Renumbered from

340-028-1725; DEQ 6-2001, f. 6-18-01, cert. ef. 7-1-01; DEQ 10-2001, f. & cert. ef. 8-30-01; DEQ 4-

2002, f. & cert. ef. 3-14-02; DEQ 2-2006, f. & cert. ef. 3-14-06; DEQ 8-2007, f. & cert. ef. 11-8-07
Attachment 3.2, pg. 5

340-216-0020

Table 1

Part A: Activities and Sources

The following commercial and industrial sources must obtain a Basic ACDP under the

procedures set forth in 340-216-0056 unless the source is required to obtain a different

form of ACDP by Part B or C hereof: (Production and emission parameters are based on the

latest consecutive 12 month period, or future projected operation, whichever is higher.

Emission cutoffs are based on actual emissions.)

1. ** Autobody Repair or Painting Shops painting more than 25 automobiles in a year.

2.Natural Gas and Propane Fired Boilers (with or without #2 dicscl oil back up(a)) of 10

er-mere MMBTU but less than 30 MMBTU/h

1989.

•3:2. Concrete Manufacturing including Redimix and CTB more than 5,000 but less

than 25,000 cubic yards per year output.

4:3. Crematory and Pathological Waste Incinerators with less than 20 tons/yr.

material input.

4. Natural gas and propane fired boilers (with or without #2 diesel oil back-up(a)) of 10

or more MMBTU but less than 30 MMBTU hr heat in tut constructed after June 9

1989.

5. Prepared feeds for animals and fowl and associated grain elevators more than 1,000

tons/yr. but less than 10,000 tons per year throughput.

6. Rock, Concrete or Asphalt Crushing both portable and stationary more than 5,000

tons/yr. but less than 25,000 tons/yr. crushed.

7. Surface coating operations whose actual or expected usage of coating materials is

greater than 250 gallons per month, excluding sources that exclusively use non-VOC

and non-HAP containing coatings (e.g. powder coating operations).

Part B Activities and Sources

The following commercial and industrial sources must obtain either:

a General ACDP, if one is available for the source classification and the source

qualifies for a General ACDP under the procedures set forth in 340-216-0060;

a Simple ACDP under the procedures set forth in 340-216-0064; or

a Standard ACDP under the procedures set forth in 340-216-0066 if the source fits

one of the criteria of Part C hereof.

1. Aerospace or Aerospace Parts Manufacturing

2. Aluminum Production - Primary

3. Ammonia Manufacturing

4. Animal Rendering and Animal Reduction Facilities

5. Asphalt Blowing Plants

6. Asphalt Felts or Coating

7. Asphaltic Concrete Paving Plants both stationary and portable

8. Bakeries, Commercial over 10 tons of VOC emissions per year

9. Battery Separator Manufacturing

10. Battery Manufacturing and Re-manufacturing
Attachment 3.2, pg. 6

11. Beet Sugar Manufacturing

12. Boilers and other Fuel Burning Equipment over 10 MMBTU/hr. heat input, except

exclusively Natural Gas and Propane fired units (with or without #2 diesel backup)

under 30 MMBTU/hr. heat input

13. Building paper and Buildingboard Mills

14. Calcium Carbide Manufacturing

15. *** Can or Drum Coating

16. Cement Manufacturing

17. * Cereal Preparations and Associated Grain Elevators 10,000 or more tons/yr.

throughput

18. Charcoal Manufacturing

19. Chlorine and Alkalies Manufacturing

20. Chrome Plating

21. Clay Ceramics Manufacturin• subject to an Area Source NESHAP

21.22. Coffee Roasting (roasting 30 or more tons per year)

22,23. Concrete Manufacturing including Redimix and CTB 25,000 or more cubic

yards per year output

23.24. Crematory and Pathological Waste Incinerators 20 or more tons/yr. material

input

2-4:25. Degreasers (halogenated solvents subject to a NESHAP)

2E:26. Electrical Power Generation from combustion (excluding units used exclusively

as emergency generators)

26.27. ,Ethylene Oxide Sterilization

.28.*** Flatwood Coating regulated by Division 232

2-8729. *** Flexographic or Rotogravure Printing subject to RACT

29.30. * Flour, Blended and/or Prepared and Associated Grain Elevators 10,000 or

more tons/yr. throughput

30.31. Galvanizing and Pipe Coating (except galvanizing operations that use less

than 100 tons of zinc/yr.)

31.32. *** Gasoline Bulk Plants,-and--Bulk Terminals, and Pipeline Facilities eet

to-GAR---23-2

33. ****Gasoline dispensing facilities

32.Gasolinc Terminal)

33.•34. Glass and Glass Container Manufacturing

34:35. * Grain Elevators used for intermediate storage 10,000 or more tons/yr.

throughput

35.36. Grain terminal elevators

36.37. Gray iron and steel foundries, malleable iron foundries, steel investment

foundries, steel foundries 100 or more tons/yr. metal charged (not elsewhere

identified)

37.38. Gypsum Products Manufacturing

39. Hardboard Manufacturing (including fiberboard)

X40. *****Hospital sterilizers subject to an Area Source NESHAP.

39.41. Incinerators with two or more ton per day capacity

40:42. Lime Manufacturing

/11.43. *** Liquid Storage Tanks subject to OAR Division 232

444. ,Magnetic Tape Manufacturing

43:45. Manufactured and Mobile Home Manufacturing

44:46. Marine Vessel Petroleum Loading and Unloading

447. Millwork (including kitchen cabinets and structural wood members) 25,000 or

more bd. ft./maximum 8 hr. input

4648. Molded Container

449. _Motor Coach Manufacturing
Attachment 3.2, pg. 7

48:50. Natural Gas and Oil Production and Processing and associated fuel burning

equipment

49751. Nitric Acid Manufacturing

-59 52. Non-Ferrous Metal Foundries 100 or more tons/yr. of metal charged

51.53. Organic or Inorganic Chemical Manufacturing and Distribution with 1/2 or more

tons per year emissions of any one criteria pollutant (sources in this category with

less than 1/2 ton/yr. of each criteria pollutant are not required to have an ACDP)

-52754. *** Paper or other Substrate Coating

53:55. Particleboard Manufacturing (including strandboard, flakeboard, and

waferboard)

S4 56. Perchloroethylene dry cleaners that do not submit a complete Dry Cleaner

Annual Hazardous Waste and Air Compliance Report by June 1 of any given year

55:57. ,Pesticide Manufacturing 5,000 or more tons/yr. annual production

55,58. Petroleum Refining and Re-refining of Lubricating Oils and Greases including

Asphalt Production by Distillation and the reprocessing of oils and/or solvents for

fuels

57.59. Plywood Manufacturing and/or Veneer Drying

5-8760. Prepared feeds for animals and fowl and associated grain elevators 10,000 or

more tons per year throughput

59.61. Primary Smelting and/or Refining of Ferrous and Non-Ferrous Metals

6-9762. Pulp, Paper and Paperboard Mills

63. Rock, Concrete or Asphalt Crushing both portable and stationary 25,000 or

more tons/yr. crushed

62.64. Sawmills and/or Planing Mills 25,000 or more bd. ft./maximum 8 hr. finished

product

65.Secondar Nonferrous Metals Processin• subject to an Area Source NESHAP

63.66. Secondary Smelting and/or Refining of Ferrous and Non-Ferrous Metals

64:67. ,* Seed Cleaning and Associated Grain Elevators 5,000 or more tons/yr.

throughput

65.68. Sewage Treatment Facilities employing internal combustion for digester

gasses

66769. Soil Remediation Facilities stationary or portable

6-7770. Steel Works, Rolling and Finishing Mills

68771. *** Surface Coating in Manufacturing subject to RACT

69772. Surface Coating Operations with actual emissions of VOCs before add on

controls of 10 or more tons/yr.

70.73. Synthetic Resin Manufacturing

71.74. Tire Manufacturing

72.75. Wood Furniture and Fixtures 25,000 or more bd. ft./maximum 8 hr. input

73.76. Wood Preserving (excluding waterborne)

44777. All Other Sources not listed herein that the Department determines an air

quality concern exists or one which would emit significant malodorous emissions

75.78. All Other Sources not listed herein which would have actual emissions, if the

source were to operate uncontrolled, of 5 or more tons a year of PM10 if located in a

PM10 non-attainment or maintenance area, or 10 or more tons of any single criteria

pollutant in any part of the state

Part C: Activities and Sources

The following sources must obtain a Standard ACDP under the procedures set forth in 340-

216-0066:
Attachment 3.2, pg. 8

1. Incinerators for PCBs and / or other hazardous wastes

2. All Sources that the Department determines have emissions that constitute a

nuisance

3. All Sources electing to maintain the source's baseline emission rate, or netting basis

4. All Sources subject to a RACT, BACT, LAER, NESHAP=adopted in OAR 340-244-0220,

NSPS, State MACT, or other significant Air Quality regulation(s), except:

a. Source categories for which a General ACDP has been issued, and

b. Sources with less than 10 tons/yr. actual emissions that are subject to RACT,

NSPS or a NESHAP adopted in OAR 340-244-0220 which qualify for a Simple

ACDP

5. All Sources having the Potential to Emit more than 100 tons of any regulated air

contaminant in a year

6. All Sources having the Potential to Emit more than 10 tons of a single hazardous air

pollutant in a year

7. All Sources having the Potential to Emit more than 25 tons of all hazardous air

pollutants combined in a year

Notes:

* Applies only to Special Control Areas

** Portland AQMA only

*** Portland AQMA, Medford-Ashland AQMA or Salem SKATS only

  Gasoline dispensing facilities are not required to obtain an ACDP prior to January 1,.

2010. Gasoline dissensin• facilities with exclusively above ground tanks are required to

obtain an ACDP only if they have monthly throu g hput of 10,000 gallons of gasoline per

month or more or sell gasoline for use in motor vehicles.

** *** Hospital sterilizers are not required to obtain an ACDP prior to July 1, 2009 ,

(a) "back-up" means less than 10,000 gallons of fuel per year
Attachment 3.2, pg. 9

Table 2

Part 1. Initial Permitting Application Fees: (in addition to first annual fee)

a. Short Term Activity: ACDP

b. Basic ACDP

c. Assignment to General ACDP

d. Simple ACDP

e. Construction ACDP

f. Standard ACDP

g. Standard ACDP (PSD/NSR)

$3,000.00

$120.00

$1,200.00

$6,000.00

$9,600.00

$12,000.00

$42,000.00

Part 2. Annual Fees: (Due 1211 for Ill to 12131 of the following year)

Part 3. Specific Activity Fees:

a, Non-Technical Permit Modification (1)

b. Non-PSD/NSR Basic Technical Permit Modification (2)

c: Non-PSD/NSR Simple Technical Permit Modification(3)

d. Non-PSD/NSR Moderate Technical Permit Modification (4)

e. Non-PSD/NSR Complex Technical Permit Modification: (5)

f. PSD/NSR Modification

g. Modeling Review (outside PSD/NSR)

h. Public Hearing at Source's Request

i. State MACT Determination

j. Compliance Order Monitoring (6)

Part 4. Late Fees:

a. 8-30 days late 5% of annual fee

b. 31-60 days late 10% of annual fee

c. 61 or more days late 20% of annual fee

a. Short Term Activity ACDP.

b. Basic ACDP

c. General ACDP

d. Simple ACDP

e. Standard ACDP

$NA

$360.00

$720.00

$1,296.:00

_ $1,872..00

.$ 360.00;

$1.20, 00

$1,920.00

$3,840.00

.$7,680,00

(A)fee Class One

(B) Fee Class'Two

(C) Fee Class Three -

D)FeeClass:':Four._

SE) Fee'Class Five

(A) Low Fee

(B) High Fee

$360.00

$360.00

$1,200.00

$6,000.00

$12,000.00

$42,000.00

$6,000.00

$2,400.00

$6,000.00

$120.00/month

1. Non-Technical modifications include, but are not limited to name changes, change of
Attachment 3.2, pg. 10

ownership and similar administrative changes.

2. Basic Technical Modifications include, but are not limited to corrections of emission

factors in compliance methods, changing source test dates for extenuating

circumstances, and similar changes.

3. Simple Technical Modifications include, but are not limited to, incorporating a PSEL.

compliance method from a review report into an ACDP, modifying a compliance

method to use different emission factors or process parameter, changing source test

dates for extenuating circumstances, changing reporting frequency, incorporating

NSPS and NESHAP requirements that do not require judgment, and similar changes.

4. Moderate Technical Modifications include, but are not limited to incorporating a

relatively simple new compliance method into a permit, adding a relatively simple

compliance method or monitoring for an emission point or control device not

previously addressed in a permit, revising monitoring and reporting requirements

other than dates and frequency, adding a new applicable requirement into a permit

due to a change in process or change in rules and that does not require judgment by

the Department, incorporating NSPS and NESHAP requirements that do not require

judgment, and similar changes.

5. Complex Technical Modifications include, but are not limited to incorporating a

relatively complex new compliance method into a permit, adding a relatively complex

compliance method or monitoring for an emission point or control devise not

previously addressed in a permit, adding a relatively complex new applicable

requirement into a permit due to a change in process or change in rules and that

requires judgment by the Department, and similar changes.

6. This is a one time fee payable when a Compliance Order is established in a Permit or

a Department Order containing a compliance schedule becomes a Final Order of the

Department and is based on the number of months the Department will have to

oversee the Order.
Attachment 3.2, pg. 11

DIVISION 232

EMISSION STANDARDS FOR VOC POINT SOURCES

24x40-232-98;9

capacity unless:

(a) The tank is filled by submerged;

(b) A vapor balance system is used which consists of a certified gasoline storage tank device capable of

atmosphere. Al

is taking ply

(c) The vapors are processed by a system demonstrated to the satisfaction of the Department to be of

equal effectiveness; and

(d) All equipment asse ' . . . . or balance system shall be maintained to be vapor tight and in

geed working order. No gasoline delivery shall take place un1e; the vapor return hose is connected-by

the delivery truck operator, if required by subsection (b) of this section.

(2) Exemptions and Limit

rule;

aaperbal-ance system requirement in--subsection (1)(b) of this rule;

• ; . : ' • - :. - : city, installed after the effective date of this rule, shall

have a submerged-fill-tube ey to ;

(d) Transf

equivalent shall be exempt from subsections (1-(a) and (1)(b) of this rule.

balance permits for up to 10 years;

(e)-Persons applying for a new permit with an effective date beginning before December 31, 1999 or in

(d) Fees shall be paid at the time of application and by-December 1 in odd numbered years-for the next

biennial-pied:

ofbalance system requirements in section (` ofthis

(1) All persons subject to OAR 310 232 0010 and

balance system p - • .- - ! - : rtment:

(a) All persons ap

as described in section (4) of this rule-ab
Attachment 3.2, pg. 12

(6)-No-person shall cause or al-low the installation-of- sn-certified gasoline storage tank devise

expirati®nl-ate-ef-the-existingpermit. The biennial fee ,shall be ino ' P ri--the

22 91; DEQ 20 1998, f. & cert. ef. 10 12 98; DEQ 11 1999, f. & cert. ef.

310 02' 0110
Attachment 3.2, pg. 13

DIVISION 242

RULES APPLICABLE TO THE PORTLAND AREA

Gasoline Vapors from Gasoline Transfer and

Dispensing Operations

.. . r A . , 1 AA I

transfer of gasolineinto storage tanks, at gasoline dispensing facilities located in Clackamas,

sterag tank is equipped-with:

(a) A stage I vapor collection-system consisting of-aper

vent, to the gasoline transport vehicle;

(c) An equivalent control system.

(2) A stage II vapor collection system is not required at gasoline dispensing facilities that areY et-sub-jeet

to the-stage I requirements of this section.

(13-) No owner and/or operator of a gasoline-dispensing facilityies shall transfer or allow the transfer of

gasoline into a motor vehicle fuel tank at gasoline-dispensing facilities located in Clackamas,

Multnomah or Washington Counties whose annual throughput exceeds 600,000 gallons, unless the

gasoline-dispensing facility is equipped with a stage II vapor collection system which must be approved

by the Department before it is installed.

[NOTES:

-1- Underground piping requirements are described in OAR 340-150-0001 through 340-150-0003 and

40 CFR 280.20(d). Systems installed according to American Petroleum Institute Publication 1615,

"Installation of Underground Petroleum Storage System" or Petroleum Equipment Institute Publication

RP 100, "Recommended Practices for Installation of Underground Liquid Storage Systems" or American

National Standards Institute Standard B31.4 "Liquid Petroleum Transportation Piping System" are

considered approved systems.

-2- Above-ground stage II equipment requirements are based on systems recently approved in other

states with established stage II program. See the Oregon Department of Environmental Quality, Air

Quality Division, for the list of approved equipment. Any other proposed equivalent systems must be

submitted to the Department of Environmental Quality, Air Quality Division, for approval before

installation.]

(24) Owners and/or operators of transport vehicles and gasolinedispensing facilities subject to stage I or stage II vapor collection requirements must:

(a) Install all necessary stage I and stage II vapor collection and control systems, and make any

modifications necessary to comply with the requirements;

(b) Provide adequate training and written instructions to the operator of the affected gasoline-dispensing

facility and the gasoline transport vehicle;

(c) Replace, repair or modify any worn or ineffective component or design element to ensure the vaportight integrity and efficiency of the stage 1-stage II vapor collection systems; and

(d) Connect and ensure proper operation of the stage I and-stage II vapor collection systems whenever

gasoline is being loaded, unloaded or dispensed.

340-242-0520

General Provisions
Attachment 3.2, pg. 14

Q) Approval of a stage 1 or stage II vapor collection system by the Department does not relieve the

owner and/or operator of the responsibility to comply with other applicable codes and regulations

pertaining to fire prevention, weights and measures and safety matters.

(46) Regarding installation and testing of piping for stage I and stage II vapor collection systems:

(a) Piping shall be installed in accordance with standards in OAR 340 Division 150;

(b) Piping shall be installed by a licensed installation service provider pursuant to OAR 340 Division

160; and

(c) Piping shall be tested prior to being placed into operation by an installation or tank tightness testing

service provider licensed pursuant to OAR 340 Division 160.

(7) Owner

This p

(a) Persons applying for this permit for any ti

sj-ect to a biennial fee of $200;

(-b)-T4- p to 10 years;

(c) Persons applying for a new permit with an effective date beginning before Decc

next biennial-period;

• . 1 • Y D W d-years for the next

biennial period..

application for renewal.

[NOTE: Test methods are based on methods used in other states with established stage II programs. See

the Oregon Department of Environmental Quality, Air Quality Division, for copies of the approved test

methods.]

[NOTE: This rule is included in the State of Oregon Clean Air Act Implementation Plan as adopted by

the Environmental Quality Commission under OAR 340-2000040.]

[Publications: The publication(s) referred to or incorporated by reference in this rule are available from

the office of the Department of Environmental Quality.]

Stat. Auth:: ORS 468.020 & ORS 468A:025

Stats. Implemented: ORS 468A.025

Hist.: DEQ 7-1991, f. & cert. ef. 5-7-91 (and corrected 6-7-91); DEQ 4-1993, f. & cert. ef. 3-10-93;

DEQ 25-1994, f. & cert. of 11-22-94; DEQ 16-1996, f. & cert. ef. 8-14-96; DEQ 20-1998, f. & cert. ef.

10-12-98; DEQ 14-1999, f. & cert. of 10-14-99, Renumbered from 340-022-0402
Attachment 3.2, pg. 15

DIVISION 244

OREGON FEDERAL HAZARDOUS AIR POLLUTANT PROGRAM

General Provisions for Stationary Sources

340-244-0020

Delegation of Authority

(1) The Lane Regional Air Protection AgencyPollution Authority (LRAPA) is authorized to implement

and enforce, within its boundaries, this Division.

(2) The Commission may authorize LRAPA to implement and enforce its own provisions upon a finding

that such provisions are at least as stringent as a corresponding provision in this Division. LRAPA may

implement and enforce provisions authorized by the Commission in place of any or all of this Division

upon receipt of delegation from EPA or approval of such provisions under Section 112(1) of the Federal

Clean Air Act. Authorization provided under this section may be withdrawn for cause by the

Commission.

Stat. Auth.: ORS 468 & ORS 468A

Stats. Implemented: ORS 468A.025

Hist.: DEQ 13-1993, f. & cert. ef. 9-24-93; DEQ 18-1993, f. & cert. ef. 11-4-93; DEQ 14-1999, f. &

cert. ef. 10-14-99, Renumbered from 340-032-0110

340-244-0030

Definitions

The definitions in OAR 340-200-0020, 340-218-0030 and this rule apply to this division. If the same

term is defined in this rule and OAR 340-200-0020 or 340-218-0030, the definition in this rule applies to

this division.

(1) "Accidental Release" means an unanticipated emission of a regulated substance or other extremely

hazardous substance into the ambient air from a stationary source.

(2) "Act" and "FCAA" mean the Federal Clean Air Act, Public Law 88-206 as last amended by Public

Law 101-549.

on

continuous monitoring system or calculated using a material balance or verified emission factor in

ng hours, production rates and types of materials processed,

e-period;

criod, actual

emissions shall c

(c) For purposes of OAR 310 211 0100 through 310 911 0180 actual-emissions shall eq

pollutant, but-de-es not include-ex-c

a ff i iei

(3) "Annual throughput" means the amount of gasoline transferred into a gasoline dispensing facility

during 12 consecutive months.

(4) "Area Source" means any stationary source which has the potential to emit hazardous air pollutants

but is not a major source of hazardous air pollutants.
Attachment 3.2, pg. 16

(7) "CFR" means Code of Federal Regulations and, unless otherwise expressly identified, refers to the

July 1, 20086 edition.

(,G) "Commission" means the Oregon Environmental Quality Commission.

(79) "Construct a major Ssource" means to fabricate, erect, or install at any greenfield site a stationary

source or group of stationary sources which is located within a contiguous area and under common

control and which emits or has the potential to emit 10 tons per year oaf any HAPs or 25 tons per year of

any combination of HAP, or to fabricate, erect, or install at any developed site a new process or

production unit which in and of itself emits or has the potential to emit 10 tons per year of any HAP or

25 tons per year of any combination of HAP, unless the process or production unit satisfies criteria in

paragraphs (a) through (f) of this definitionparagaph:

(a) All HAP emitted by the process or production unit that would otherwise be controlled under the

requirements of this 40CFR Part 63, sSubpart B will be controlled by emission control equipment

which was previously installed at the same site as the process or production unit;

(b)(A) The Department. ' has determined within a period of 5 years prior to the

fabrication, erection, or installation of the process or production unit that the existing emission control

equipment represented the best available control technology (BACT), lowest achievable emission rate

(LAER) under 40 CFR part 51 or 52, toxics-best available control technology (T-BACT), or MACT

abased on State air toxic rules for the category of pollutants which includes those HAP to be emitted by

the process or production unit; or

(B) Tthe Department: - - : . .• : ' determines that the control of HAP emissions provided by the

existing equipment will be equivalent to that level of control currently achieved by other well-controlled

similar sources (i.e., equivalent to the level of control that would be provided by a current BACT,

LAER, T-B.ACT, or State air toxic rule MACT determination).

(c) The Departrnen _ . , . ' determines that the percent control efficiency for emission of

HAP from all sources to be controlled by the existing control equipment will be equivalent to the

percent control efficiency provided by the control equipment prior to the inclusion of the new process or

production unit;

(d) The Departmentpermitting authority has provided notice and an opportunity for public comment

concerning its determination that criteria in paragraphs (a), (b), and (c) of this definition apply and

concerning the continued adequacy of any prior LAER, BACT, T-BACT, or State air toxic rule MACT

determination;

(e) If any commenter has asserted that a prior LAER, BACT, T-BACT, or State air toxic rule MACT

determination is no longer adequate, the Die artmentpermitting authority has determined that the level of

control required by that prior determination remains adequate; and

(f) Any emission limitations, work practice requirements, or other terms and conditions upon which the

above determinations by the Department: ' are predicated will be construed by the

Departmentpermitting authority as applicable requirements under section 504(a) and either have been

incorporated into any existing tTitle V permit for the affected facility or will be incorporated into such

permit upon issuance.

(4-Q) "Department " means the Department of Environmental Quality.

me-1 -' } such as-could-be

-operating rates compared to

(5) "Artificially or Subst-ant': _ • i-ssi

eausal-layqi : - -,.• ions, accide;

ircumstances.

(6) "Base Year Pmissiens" f rr ur
Attachment 3.2, pg. 17

(914) "Director" means the Director of the Department or Regional Agencyauthority, and authorized

deputies or officers.

rl „^ y

. . `r '. • ' 0 : . `w it • • . • C it chat-s- as

u^: o -

•• . ° d under OA

0180.

(10) "Dual-point vapor balance system" means a type of vapor balance system in which the storage tank

is equipped with an entry port for a gasoline fill pipe and a separate exit port for a vapor connection..

(11) "Emission" means a release into the atmosphere of any regulated pollutant or air contaminant.

(124-4) "Emissions Limitation" and "Emissions Standard" mean a requirement adopted by the

Department or rRegional Agencyauthority, or proposed or promulgated by the Administrator of the

EPA, which limits the quantity, rate, or concentration of emissions of air pollutants on a continuous

basis, including any requirements which limit the level of opacity, prescribe equipment, set fuel

specifications, or prescribe operation or maintenance procedures for a source to assure continuous

emission reduction.

(1315) "Emissions Unit" means any part or activity of a stationary source that emits or has the potential

to emit any regulated air pollutant.

(a) A part of a stationary source is any machine, equipment, raw material, product, or by-product that

produces or emits air pollutants. An activity is any process, operation, action, or reaction (e.g., chemical)

at a stationary source that emits air pollutants. Except as described in subsectionparagraph (d) of this

definitionsection, parts and activities may be grouped for purposes of defining an emissions unit

provided the following conditions are met:

(A) The group used to define the emissions unit may not include discrete parts or activities to which a

distinct emissions standard applies or for which different compliance demonstration requirements apply;

and

(B) The emissions from the emissions unit are quantifiable.

(b) Emissions units may be defined on a pollutant by pollutant basis where applicable;

(c) The term "emissions unit" is not meant to alter or affect the definition of the term "unit" for purposes

of Title IV of the FCAA;

(d) Parts and activities shall cannot be grouped for purposes-of-determining emissions increases from an

emissions unit under OAR 340-2244-0050; through 340-2244-0070, or OAR 340 division 210340 118

0190, or for purposes-efdetermining the applicability of a New Source Performance Standard (NSPS).

(144-6) "EPA" means the Administrator of the United States Environmental Protection Agency or the

Administrator's designee.

onditiona :: " .. ... .. .. ' : oll ants which

eescribed in 40 CFR Part 60, 61, or 63.

(1549) "Equipment leaks" means leaks from pumps, compressors, pressure relief devices, sampling

connection systems, open ended valves or lines, valves, connectors, agitators, accumulator vessels, and

instrumentation systems in hazardous air pollutant service.

(1620) "Existing Source" means any source, the construction of which commenced prior to proposal of

an applicable standard under sections 112 or 129 of the FCAA.

(1721) "Facility" means all or part of any public or private building, structure, installation, equipment, or

vehicle or vessel, including but not limited to ships.

(1822) "Fugitive Emissions" means emissions of any air contaminant that escape to the atmosphere from

any point or area that is not identifiable a a stack, vent, duct or equivalent opening.

10 211
Attachment 3.2, pg. 18

(23) "Gene

promulgated by EPA f

eel - . ; ! r

_ _ - .. .. .^ ..le.

(19) "Gasoline cargo tank" means a delivery tank truck or railcar which is loading gasoline or which has

loaded gasoline on the immediately previous load.

(20) "Gasoline dispensing facility (GDF)" means any stationary facility which dispenses gasoline into

the fuel tank of a motor vehicle.

(2124) "Hazardous Air Pollutant" (HAP) means an air pollutant listed by the EPA pursuant to section

112(b) of the FCAA or determined by the Commission to cause, or reasonably be anticipated to cause,

adverse effects to human health or the environment.

(25) "

(227 6) "Major Source" means any stationary source or group of stationary sources located within a

contiguous area and under common control that emits or has the potential to emit considering controls,

in the aggregate, 10 tons per year or more of any hazardous air pollutant or 25 tons per year or more of

any combination of hazardous air pollutants. The EPA may establish a lesser quantity, or in the case of

radionuclides different criteria, for a major source on the basis of the potency of the air pollutant,

persistence, potential for bioaccumulation, other characteristics of the air pollutant, or other relevant

factors.

2327) "Maximum Achievable Control Technology (MACT)" means an emission standard applicable to

major sources of hazardous air pollutants that requires the maximum degree of reduction in emissions

deemed achievable for either new or existing sources.

(24) "Monthly throughput" means the total volume of gasoline that is loaded into all gasoline storage

tanks during a month, as calculated on a rolling 30-day average.

(28) "New Source" means a stationary source, the construction of which is commenced after proposal

of a federal MACT or January 3, 1993 of this Division, whichever is earlier.

(29) "Not Feasible to Prescribe or Enforcea Numerical Emission Limit" mans a situation in which the

teeielel e

(263-0) "Person" means the United States Government and agencies thereof, any state, individual, public

or private corporation, political subdivision, governmental agency, municipality, industry, copartnership, association, firm, trust, estate, or any other legal entity whatsoever.

(2731) "Potential to Emit" means the maximum capacity of a stationary source to emit any air pollutant

under its physical and operational design. Any physical or operational limitation on the capacity of a

source to emit an air pollutant, including air pollution control equipment and restrictions on hours of

operation or on the type or amount of material combusted, stored, or processed, shall be treated as part

of its design if the limitation is enforceable by the EPA. This section does not alter or affect the use of

this section for any other purposes under the Act, or the term "capacity factor" as used in Title IV of the

Act or the regulations promulgated thereunder. Secondary emissions shall not be considered in

determining the potential to emit of a source.

(2832) "Reconstruct a Major Source" means the replacement of components at an existing process or

production unit that in and of itself emits or has the potential to emit 10 tons per year of any HAP or 25

tons per year of any combination of HAP, whenever: the fixed capital cost of the new components
Attachment 3.2, pg. 19

exceeds 50 percent of the fixed capital cost that would be required to construct a comparable process or

production unit; and; it is technically and economically feasible for the reconstructed major source to

meet the applicable maximum achievable control technology emission limitation for new sources

established under 40 CFR Part 63 Subpart B.

(2933) "Regional AgencyAuthority" means Lane Regional Air Protection AgencyPollution Authority.

(3034) "Regulated Air Pollutant" as used in this Division means:

(a) Any pollutant listed under OAR 340-200-0400 or 340-244-0230; or

(b) Any pollutant that is subject to a standard promulgated pursuant to Section 129 of the Act.

(3135) "Secondary Emissions" means emissions from new or existing sources which occur as a result of

the construction and/or operation of a source or modification, but do not come from the source itself.

Secondary emissions shall be specific, well defined, and quantifiable, and impact the same general area

as the source associated with the secondary emissions. Secondary emissions may include but are not

limited to:

(a) Emissions from ships and trains coming to or from a facility;

(b) Emissions from offsite support facilities which would be constructed or would otherwise increase

emissions as a result of the construction of a source or modification.

(3236) "Section 111" means that section of the FCAA that includes standards of performance for new

stationary sources.

(3337) "Section 112(b)" means that subsection of the FCAA that includes the list of hazardous air

pollutants to be regulated.

(3438) "Section 112(d)" means that subsection of the FCAA that directs the EPA to establish emission

standards for sources of hazardous air pollutants. This section also defines the criteria to be used by EPA

when establishing the emission standards.

(353s9) "Section 112(e)" means that subsection of the FCAA that directs the EPA to establish and

promulgate emissions standards for categories and subcategories of sources that emit hazardous air

pollutants.

(3640) "Section 112(n)" means that subsection of the FCAA that includes requirements for the EPA to

conduct studies on the hazards to public health prior to developing emissions standards for specified

categories of hazardous air pollutant emission sources.

(3744) "Section 112(r)" means that subsection of the FCAA that includes requirements for the EPA

promulgate regulations for the prevention, detection and correction of accidental releases.

(3842) "Section 129" means that section of the FCAA that requires EPA to promulgate regulations for

solid waste combustion.

(3913) "Solid Waste Incineration Unit" as used in this Division shall have the same meaning as given in

Section 129(g) of the FCAA.

(4044) "Stationary Source":

(a) As used in OAR 340 division 244 means any building, structure, facility, or installation which emits

or may emit any regulated air pollutant;

(b) As used in OAR 340-244-0230 means any buildings, structures, equipment, installations, or

substance emitting stationary activities:

(A) That belong to the same industrial group;

(B) That are located on one or more contiguous properties;

(C) That are under the control of the same person (or persons under common control); and

(D) From which an accidental release may occur.

(41) "Submerged filling" means, for the purposes of this subpart, the filling of a gasoline storage tank

through a submerged fill pipe whose discharge is no more than the applicable distance specified in OAR
Attachment 3.2, pg. 20

340-244-0242(2) from the bottom of the tank. Bottom filling of gasoline storage tanks is included in this

definition.

42 "Vas or balance s stem" means combination of a .iees and hoses that create a closed s stem

between the va . or s aces of an unloadin asoline car o tank and a receivin stora e tank such that

vapors displaced from the storage tank are transferred to the gasoline cargo tank being unloaded. , 43 "Va or-ti. t" means e • ui ment that allows no loss of va p ors. Corn liance with valor-ti • ht

requirements can be determined by checking to ensure that the concentration at a potential leak source is

not equal to or greater than 100 percent of the Lower Explosive Limit when measured with a

combustible gas detector, calibrated with propane, at a distance of 1 inch from the source.

[Publications: Publications referenced are available from the agency.]

Stat. Auth.: ORS 468.020 & 468A.025

Stats. Implemented: ORS 468A.040

Hist.: DEQ 13-1993, f. & cert. ef. 9-24-93; DEQ 18-1993, f. & cert. ef. 11-4-93; DEQ 24-1994, f. &

cert. ef. 10-28-94; DEQ 22-1995, f. & cert. ef. 10-6-95; DEQ 26-1996, f. & cert. ef. 11-26-96; DEQ 20-

1997, f. & cert. ef. 9-25-97; DEQ 18-1998, f. & cert. ef. 10-5-98; DEQ 14-1999, f. & cert. ef. 10-14-99,

Renumbered from 340-032-0120; DEQ 2-2005, f. & cert. ef. 2-10-05; DEQ 2-2006, f. & cert. cf. 3-14-

06; DEQ 13-2006, f. & cert. ef. 12-22-06

Emission Standards for Gasoline Dispensing Facilities

340-244-0232

Purpose

This rule establishes emission limitations and management practices for hazardous air pollutants (H.AP)

and volatile organic compounds (VOC) emitted from the loading of gasoline storage tanks and

dispensing of fuel at gasoline dispensing facilities (GDF). This rule also establishes requirements to

demonstrate compliance with the emission limitations and management practices.

[NOTE:This rule is included in the State of Oregon Clean Air Act Implementation Plan as adopted by,

the Environmental Quality Commission under OAR 340-200-0040.1

340-244-0234

Affected Sources

(1) The affected source to which the emission standards apply is each GDF. The affected source

includes each gasoline cargo tank during the delivery of product to a GDF and also includes each

storage tank.

(2) The emissions standards in OAR 340-244-0236 through 0252 do not apply to agricultural operations

as defined in ORS 468A.020. Agricultural operations are however required to comply with the Gasoline

Dis.ensin NESHAP if a licable 40 CFR art 63 sub art CCCCCC ..

3 All GDFs must coin.1 with the re uirements of OAR 340-244-0240.

4 The owner or o. erator of a GDF must corn sly with the requirements of OAR 340-244-0242 for the

following gasoline storage tanks:

(a) All tanks with a capacity of 250 gallons or more located at GDFs:

A Whose annual throu=h.ut exceeds 480 000 _allows of asoline or more .

(B) Whose average monthly throughput exceeds 100,000 gallons of gasoline or more: or

(C) In Clackamas, Multnomah, or Washington County whose annual throughput exceeds 120,000

gallons of gasoline or more.
Attachment 3.2, pg. 21

(b) All tanks with a capacity of 1,500 gallons or more located at GDFs in the Portland AQMA, Medford

AQMA, or Salem SATS.

(5) The owner or operator of a GDF must comply with the requirements of OAR 340-244-0242(4) for

any gasoline storage tank equipped with a vapor balance system.

(6) An affected source must, upon request by the Department demonstrate their annual or average

monthly throughput,

f7) The owner or operator of an affected source, as defined in section (1) of this rule, is not required to

obtain a Title V Operating Permit. However, the owner or operator must still apply for and obtain a Title

V Operating Permit if meeting one or more of the applicability criteria found in OAR 340-218-0020.

(8) The loading of aviation gasoline storage tanks at airports is not subject to this rule and the aviation

gasoline is not included in the gasoline throe h ut s ecified in sections 2 throe h 5 of this rule.

NNOTE:This rule is included in the State of Oregon Clean Air Act Implementation Plan as adopted by

the Environmental Quality Commission under OAR 340-200-0040.]

340-244-0236

Affected Equipment or Processes

(1) The emission sources to which this rule applies are gasoline storage tanks and associated equipment

components in vapor or liquid gasoline service at new, reconstructed, or existing GDF that meet the

criteria specified in OAR 340-244-0234, Pressure/Vacuum vents on gasoline storage tanks and the

equipment necessary to unload product from cargo tanks into the storage tanks at GDF are covered

emission sources. The equipment used for the refueling of motor vehicles is not covered by this rule.

(2) An affected source is a new affected source if construction commenced on the affected source after

November 9, 2006, and the applicability criteria in OAR 340-244-0234 are met at the time operation

commenced.

(3) An affected source is reconstructed if meeting the criteria for reconstruction as defined in 40 CFR

63.2.

(4) An affected source is an existing affected source if it is not new or reconstructed.

(NOTE:This rule is included in the State of Oregon Clean Air Act Implementation Plan as adopted by

the Environmental Quality Commission under OAR 340-200-0040.1

340-244-0238

Compliance Dates

(1) For a new or reconstructed affected source, the owner or operator must comply with the standards in

OAR 340-244-0240 and 0242 as a p plicable, no later than January 10, 2008 or upon startup, whichever

is later, except as follows:

(a) The owner or operator of a new or reconstructed GDF must comply with OAR 340-244-02400

and (c) no later than July 1, 2009 or upon startup, whichever is later.

(b) For tanks located at a GDF with average monthly throughput less than 100,000 gallons of gasoline

and not listed in OAR 340-244-0234(4)(a)(C) or (4)(b) must comply with OAR 340-244-0242, as

applicable, no later than December 13, 2009 or upon startup, whichever is later.

fc) The owner or operator of a GDF subject to Table 4 of this division must comply no later than

September 23, 2008 or upon startup, whichever is later.

(2) For an existing affected source, the owner or operator must comply with the standards in OAR 340-

244-0240 and 0242, as applicable, by no later than Jan Lary 10, 2011, except as follows:
Attachment 3.2, pg. 22

(a) For tanks with a capacity between 1,500 and 40,000 gallons and located in the Portland AQMA,

Medford AQMA, or Salem SATS, the owner or operator must comply with the standards in OAR 340-

244-0240(2) and0242no later than December 13,2008.

(b) For tanks located at an affected source located in Clackamas, Multnomah, or Washington County,

whose annual throu • h out exceeds 120 000 allons the owner or o . erator must corn l with the

standards in OAR340-244-0240(2)and 0242 no later than December 13, 2008.

(c) The owner or operator of an existing GDF must comply with OAR 340-244-0240(1)(b) and (c) no

later than July 1, 2009 or upon startup, whichever is later.

(3) For an existing affected source that becornessubject to the control requirements in this rule because

of an increase in the averae monthl throughput, as specified in OAR 340-244-0234(4), the owner or

operator must comply with the standards in this rule no later than January 10, 2011 or within 2 years

after the affected source becomes subject to the control requirements in this rule, whichever is later.

[NOTE: This rule is included in the State of Oregon Clean Air Act Implementation Plan as adopted by

the Environmental Quality Commission under OAR 340-200-0040,1

340.244-0240

Work Practice and Submerged Fill Requirements

(1) The owner or operator of a GDF must not allow gasoline to be handled in a manner that would result

in vapor releases to the atmosphere for extended periods of time. Measures to be taken include, but are

not limited to, the following:

(a) Minimize gasoline spills;

(b) Do not top off or overfill vehicle tanks;

(c) Post a sign. at the GDF instructing attendants not to top off vehicle tanks;

(dj Clean up spills as expeditiously. as practicable;

(e) Cover all open gasoline containers and all gasoline storage tank fill-pipes with a gasketed seal when

not in use;

(t) Minimize gasoline sent to open waste collection systems that collect and transport gasoline to

reclamation and recycling devices, such as oil/water separators.

(g) Ensure that cargo tanks unloading at the GDF comply with subsections 1 a throuh e of this rule.

2 An car o tank unloadin at a GDF e ui ed with a functional va or balance s stem must connect

to the vapor balance system whenever gasoline is being loaded.

(3) The owner or operator must only load gasoline into storage tanks at the facility by utilizing

- submerged filling, as defined in OAR 340-244-0030, and as specified in subsection (2)(a) or (2) of

this rule.

(a) Submerged fill pi„pes installed on or before November 2 ,2906,must be no more than 12 ilches_from

the bottom of the storage tank.. -

___.____.____ ..

(b) Submerged fill pipes installed after November 9, 2006, niisthp ilomore than 6 inches from the

bottom of the storae tank.

(4) Gasoline storage tanks with a capacity of less than 250 gallons are not required to comply with the

submerged fill requirements in section (2) of this rule.

(5) The owner or operator must submit the applicable notifications as required under OAR 340-244-

0246.

(6) The owner or operator must have records available within 24 hours of a request by the Department to

document gasoline throughput.

(7) The owner or operator must comply with the requirements of this rule by the applicable dates

specified in OAR 340-244-0238.
Attachment 3.2, pg. 23

NOTE: This rule is included in the State of Ore on Clean Air Act Imelementation Plan as ado+ted b

the Environmental Quality Commission under OAR 340-200-0040.j

340-244-0242

Vapor Balance Requirements

(1) Except as provided in section 2 of this rule the owner or operator of gasoline storage tank listed in

OAR 340-244-0234(4), must meet the requirements in either subsection (1)(a) or (1)(b) of this rule.

a Each mana_ement rractice in Table 4 of this division that a.plies to the GDF.

(b) If, prior to January 10, 2008, the owner or operator operates a vapor balance system at the GDF that

meets the requirements of either paragraph (2)(b)(A) or (2)(b)(B) of this rule, the owner or operator will

be deemed in compliance with this section.

(A) Achieves emissions reduction of at least 90 percent.

(B) Operates using management practices at least as stringent as those in Table 4 of this division.

12) Gasoline storage tanks equipped with floating roofs or the equivalent are not required to comply with

the control requirements in section (1) of this rule.

f3) Cargo tanks unloading at a GDF must comma with the requirements of OAR 340 .244-0240(1) and

management practices in Table 5 of this division.

(4)_The over or operator of a GDF subject to section U of this rule or having a gasoline stora e tank

equipped with a vapor balance system, must comply with the following requirements on and after the

applicable compliance date in OAR 340-244-0238:

fa) When loading a gasoline storage tank equipped with a vapor balance system, connect and ensure the

per o.eration of the vapor balance s stem whenever gasoline is being loaded.

(b) Maintain all equipment associated with the vapor balance system to be vapor tight and in good

working order.

(c) In order to ensure that the vapor balance equipment is maintained to be vapor tight and in good

working order, have the vapor balance equipment inspected on an annual basis to discover potential or

actual equipment failures.

(d) Replace, repair or modify any worn or ineffective component or design element within 24 hours to

ensure the vapor-tight integrity and efficiency of the vapor balance system. If repair parts must be

ordered either a written or verbal order for those arts must be initiated within 2 worlcin• da s of

ro

detecting such a leak. Such repair parts must be installed within 5 working days after receipt.

(5) The owner or operator of a GDF subject to section (1) of this rule must also comply with the

following requirements:

(a) The applicable testing requirements contained in OAR.340-244-0244.

Sb) The applicable notification requirements under OAR 340-244-0246.

c The a licable recordkee in and re ortin re uirements as s ecified in OAR 340-244-0248 and

0250.

(d) The owner or operator must have records available within 24 hours of a request by the Department to

document gasoline throu lput.

NOTE: This rule is included in the State of Ore on Clean Air Act Imslementation Plan as ado.ted b

the Environmental Quality Commission under OAR 340-200-0040.]

Testing and Monitoring Requirements

340-244-0244

Testing and Monitoring Requirements
Attachment 3.2, pg. 24

(1) If required to install a vapor balance system under OAR 340-244-0242, the owner or operator must

comply with the requirements in subsections (1)(a) and (b) of this rule at the time of installation of a

va. or balance s stem or a new asoline stora e tank. Each owner or o erator of a GDF with monthl

throu h . ut of 100 000 allons of asoline or more must corn 1 the re . uirements in subsections 1 a

and (b) of this rule every 3 years following the time of installation of a vapor balance system or a new

gasoline storage tank.

(a) The owner or operator must demonstrate compliance with the leak rate and cracking pressure

requirements, specified in item 1(g) of Table 4 of this division, for pressure-vacuum vent valves

installed on gasoline storage tanks using the test methods identified in paragraph (1)(a)(A) or (B) of this

rule.

(A) California Air Resources Board Vapor Recovery Test Procedure TP-201.1E,-Leak Rate and

Cracking Pressure of Pressure/Vacuum Vent Valves, adopted October 8, 2003 (incorporated by

reference, see40 CFR 63.14).

B Use alternative test methods and..rocedures in accordance with the alternative test method

requirements in40 CFR 63.7(f).

(b) The owner or operator must demonstrate compliance with the static pressure performance

requirement, specified in item 1(h) of Table 4 of this division, for the vapor balance system by

conducting a static pressure test on the gasoline storage tanks using the test methods identified in

paragraph (1)(b)(A) or (B) of this rule.

(A) California Air Resources Board Vapor Recovery Test Procedure TP-201.3,---Determination of 2-

Inch WC Static Pressure Performance of Vapor Recovery Systems of Dispensing Facilities, adopted

April 12, 1996, and amended March 17, 1999 (incorporated by reference, see 40 CFR 63.14).

(B) Use alternative test methods and procedures in accordance with the alternative test method

requirements in40 CFR 63.7(f).

(2) Each owner or operator of a GDF, choosing, under the provisions of 40 CFR 63.6(g),to use a vapor

balance system other than that described in Table 4 of this division, must demonstrate to the Department

the equivalency of their vapor balance system to that described in Table 4 of this division using the

procedures specified in subsections (2)(a) through (c) of this rule.

(a) The owner or operator must demonstrate initial compliance by conducting an initial performance test

on the vapor balance s stem to demonstrate that the va p or balance s stem achieves 95 •ercent reduction

using the California Air Resources Board Vapor Recovery Test Procedure TP-201.1,-Volumetric

Efficient for Phase I Vapor Recover S stems ado p ted Aril 12 1996 and amended Februar 1

2001, and_October_8, 2003, (incorporated by reference, see40 CFR 63.14).

b The owner or operator must during the initial erformance test re q uired under subsection 2 a of

this rule, determine and document alternative acceptable values for the leak rate and cracking pressure

re. uirements s ecified in item 1 : of Table 4 of this division and for the static ressure . erformance

requirement in item 1(h) of Table 4 of this division.

c The owner or operator must com.l with the test in_ re uirements s.ecified in section 1 of this rule.

jNOTE: This rule is included in the State of Oregon Clean Air Act Implementation Plan as adopted by

the Environmental Quality Commission under OAR 340-200-0040.1

Notifications, Records, and Reports

340-244-0246

Notifications
Attachment 3.2, pg. 25

(1) Each owner or operator subject to the control requirements in OAR 340-244-0240(2) must comply

with subsections (1)(a) through (c) of this rule.

(a) The owner or operator must submit an Initial Notification that the owner or operator is subject to the

Gasoline Dispensing Facilities NESHAP by May 9, 2008, or at the time the owner or operator becomes

subject to the control requirements in OAR 340-244-0240(2), unless the owner or operator meets the

requirements in subsection (j)(c) of this rule. The Initial Notification must contain the information

specified inparagraphs (1)(a)(A) through (C) of this rule. The notification must be submitted to EPA's

Region 10 Office and the Department as specified in40 CFR 63.13.

(A) The name and address of the owner and the operator.

(B) The address (i,e., physical location) of the ,GDF.

(C) A statement that the notification is being submitted in response to the Gasoline Dispensing Facilities

NESHAP and identifying the re ui q rements in OAR 340-244-0240(4through (3) that apply to the owner

or operator.

(b) The owner or operator must submit a Notification of Compliance Status to EPA's Region 10 Office

and the Department, as specified in40 CFR 63.13,by the compliance date specified in OAR 340-244-

0238 unless the owner or operator meets the requirements in subsection (1)(c) of this rule. The

Notification of Compliance Status must be signed by a responsible official who must certify its accuracy

and must indicate whether the source has complied with the requirements of OAR 340-244-0232

through 0252. lithe facility is in compliance with the requirements of OAR 340-244-0232 through 0252

at the time the Initial Notification required under subsection (1)(a) of this rule is due, the Notification of

Compliance Status may be submitted in lieu of the Initial Notification provided it contains the

information re uired under subsection 1 a of this rule.

(c) If, prior to January 10, 2008, the owner or operator is operating in compliance with an enforceable

State rule or permit that requires submerged fill as specified in OAR 340-244-0240(2), the owner or

operator is not required to submit an Initial Notification or a Notification of Compliance Status under

subsection (1)(a) or (b) of this rule.

2 Each owner or a +erator subject to the control re uirements in OAR 340-244-0242 must com.l with

subsections (2)(a) through (e) of this rule.

a The owner or a +erator must submit an Initial Notification that the owner or o +erator is sub ' ect to the

Gasoline Dispensing Facilities NESHAP by May 9, 2008, or at the time the owner or operator becomes

subject to the control requirements in OAR 340-244-0242. The Initial Notification must contain the

information specified in paragraphs ()(a)(A) through (C) of this rule. The notification must be

submitted to EPA's Region 10 Office and the Department as specified in40 CFR63.13.

(A) The name and address of the owner and the operator.

(B) The address (i.e., physical location) of the GDF.

.(C) A statement that the notification is being submitted in response to the Gasoline Dispensing Facilities

NESHAP and identifying the requirements in OAR 340-244-0242 that apply to the owner or operator.

fib) The owner or operator must submit a Notification of Compliance Status to EPA's Regional 10 Office

and the Department as s+ecified in 40 CFR 63.13 b the com+liance date s ecified in OAR 340-244-

0238. The Notification of Compliance Status must be signed by a resu + ►.►^ii+rsrstceri r y

its accurac and must indicate whether the source has com+lied with the re uirements of OAR 340-244-

0232 through 0252. If the facility is in compliance with the requirements OAR 340-244-0232 through

0252 at the time the Initial Notification required under subsection (2)(a) of this rule is due, the

Notification of Compliance Status may be submitted in lieu of the Initial Notification provided it

contains the information required under subsection (2 (a) of this rule.
Attachment 3.2, pg. 26

(c) If, prior to January 10, 2008, the owner or operator satisfies the requirements in both paragraphs

2 c A and B of this rule the owner or operator is not required to submit an Initial Notification or a

Notification of Compliance Status if the owner or operator operates a vapor balance system at the

asoline dis.ensin;. facilit that meets the re uirements of either .ara^ra.hs 2 c A or B of this rule.

(A) Achieves emissions reduction of at least 90 percent.

03) Operates using management practices at least as stringent as those in Table 4 of this division ;

(d) The owner or operator must submit a Notification of Performance Test as specified in 40 CFR

63.9(e),prior to initiating testing required by OAR 340-244-0244(1) and (2).

(e) The owner or operator must submit additional notifications specified in 40 CFR 63.9,as applicable.

[NOTE: This rule is included in the State of Oregon Clean Air Act Implementation Plan as adopted by

the Environmental Quality Commission under OAR 340-200-0040.1

340-244-0248

Recordkeeping requirements

(1) Each owner or operator must keep the following records:

(a) Records of all tests performed under OAR 340-244-0244(1) and (2)

(b) Records related to the operation and maintenance of vapor balance e ui ment re wired under OAR

340-244-0242. Any vapor balance component defect must be logged and tracked by station personnel

using forms provided by the Department or a reasonable facsimile.

(c) Records of total throughput volume of gasoline, in gallons, for each calendar month.

(d) Records of permanent changes made at the GDF and vapor balance equipment which may affect

emissions.

f2) Records required under section (1) of this rule must be kept for a period of 5 years and must be made

available for inspection by the Department during the course of a site visit.

[NOTE: This rule is included in the State of Oregon Clean Air Act Implementation Plan as ado tP ed

the Environmental Quality Commission under OAR 340-200-0040.1

340-244-0250

Reporting requirements

(1) Each owner or operator subject to the management practices in OAR 340-244-0242 must report to

the Department the results of all volumetric efficiency tests required under OAR 340-244-0244(1) and

(2). Reports submitted under this rule must be submitted within 30 days of the completion of the

performance testing.

NOTE: This rule is included in the State of Ore on Clean Air Act Implementation Plan as ado p ted b

the Environmental Quality Commission under OAR 340-200-0040.1

340-244-0252

General Provision applicability

Table 3 to40 CFR part 63 subpart CCCCCCshows which parts of the General Provisions apply to

the owner or o pe rator.
Attachment 3.2, pg. 27

TABLE 4fOAR 340-244-0242)

MANAGEMENT PRACTICES FOR GASOLINE DISPENSING FACILITIES SUBJECT TO

STAGE I VAPOR CONTROLS

'Lawn ing or apes atina The owner or operator must

1. An existing GDF Tl^e„permit... must install and operate a vapor

balance system on gasoline storage tanks that meets

the desinl_ criteria_i11.-t?aragraplia.ia)_througlt,_ 11^.

(a) All vapor connections and lines on the storage

tank must be equipped with closures that seal upon

disconnect.

fb The. vapor line from the gasoline storage tank .to

tl^e_gasoline cargotan....st_be vapor-tight

defined in OAR 340-244-0030.

{c) The vapor balance system_inust be destgned . such

that the pressure il ,,the taniC tfTuck does not.exceed

18 inches water pressure or 5.9 inches water

vacuum during product transfer..

(d Tlie-_vapor_recovery andaduct adaptors, and

the method of connection with the,_del,i..yery-el_i_ow

must Ue designed so as to prevent the overtightening or loosening of fittings during normal

delivery operations.

(e) If a gauge well sepal_ate_fi om tl e fill tube is

used, it must be provided with a submerged drop

tube that extends the same distance from the bottom

of the storage tank as specified in OAR 340-244-

az_o_2}.

(f) Liquid fill connections for_all s_ystezans must be

equipped with vapor-tigj t caps.

tg) Pressure/vacutitnn . PV . vent_yEyes Lnust,_be

installed on .the storage tank _v_ent-.pi es Tl e

pressure., speci__cations fotWPV veElt valves 3nitst be:.

a positive pressure setting of 2.5 to 6.0 inches of

water and ... a, pegatiyepsessure setting_of 6..0_to._ 10,0

inches of water. The total leak rate of all PV vent

vales at an affected facility, including connections,

must not exceed _0. J 7 cuE?ic .foot,.per,.lour_at a

pressure of 2.0 incl^es_of water and_0.63 cubic foot

per hour _at_a vacuum of 4 inches, ofwater_

(h) The vapor balance system must,_be,_capal7lc of

p.eetiug_the.,static n•essure .erformance requirement

of tj f0_owing- equation.

pf ° 2e'oo.ssarV

Where:

Pf_Minimuan allowable final_pressure, inches

of water.

v = Total ullage affected by the test, gallons,

e = Dimensionless-constant equa l _to

ap_proc.i note 2.718.

2 = The initial pressure, .aches wate ..

2,,. T.or a, new or reconstructed GDF with nnonth The per3iittee ,znrust install azzd_operate_a daat-,poiint

tinoughplit of 1 00,00k_gallons of_gasoline or more, vapor halance_system, as defined in OAR 340-244-
Attachment 3.2, pg. 28

or apew storage tank(s) at an existing GDF with

monthly throughput of 100,000 gallons ofgasolipe

ormore

0030, on each affecte.gasolilre_stntWa etarlk and

complywith the _dealgn criteria ln_ito . 1_of'this

Table..

! 340-244-0242

MANAGEMENT PRACTICES FOR GASOLINE CARGO TANKS UNLOADING AT GASOLINE

DISPENSING FACILITIES MX PPED WITH STAGE t VAPOR CONTRO S

If owning or operating The owner or operator must

Al gasoline _ cargo-tank - , Not unload gasoline into a storage tank at a GDF

with stage I vapor controls unless the following

conditions are met:

(i) All hoses in the_vapor_balance -systema1e

EQPcrly.,cannectecl.

(i . The_adaptersor couplersthatattach ta_the vapor

line on the storage tank haveclosu_res that sealapon

disconnect,

ji_ii2_All_v_apor, 'eturiz bases, cotlpl.et_s x. and adapters

used in the gasoline delivery are vapor-tight,

(iv) All tank truckyapor return_ecluipzncnt t s

conpat^ble d forms a vapor_tight

connectionw.th_the vapor balance equipment on-tlle

GDF storage tank, and

(v) All hatches on thetank truck are-closed.pd,

securely -fastened.

(vi) The filling of_storage _tanks a..Pjilx u^stbe

limited to unloading by vapor-tight gasoline cargo

tanks. Documentation that the cargo tank has net

thest?ecificatons of EP_A Method27 tnu_stbe

carried on the cargo ,tank,
Attachment 4

Evidence that the State followed the Administrative Procedures Act

4.1 Public notice in the Secretary of State's Oregon Bulletin August 1, 2008

4.2 Certificate and Order for Filing Permanent Administrative Rules, filed and

effective December 31, 2008
1
Attachment 4.1, pg. 1

Oregon Bulletin

August 1, 2008

NOTICES OF PROPOSED RULEMAKING AND PROPOSED

RULEMAKING HEARINGS

The following agencies provide Notice of Proposed Rulemaking to offer interested parties reasonable opportunity to submit data

or views on proposed rulemaking activity. To expedite the rulemaking process, many agencies have set the time and place for a

hearing in the notice. Copies of rulemaking materials may be obtained from the Rules Coordinator at the address and telephone

number indicated.

Public comment may be submitted in writing directly to an agency or presented orally or in writing at the rulemaking hearing.

Written comment must be submitted to an agency by 5:00 p.m. on the Last Day for Comment listed, unless a different time of

day is specified. Written and oral comments may be submitted at the appropriate time during a rulemaking hearing as outlined in

OAR 137-001-0030.

Agencies providing notice request public comment on whether other options should be considered for achieving a proposed

administrative rule's substantive goals while reducing negative economic impact of the rule on business.

In Notices of Proposed Rulemaking where no hearing has been set, a hearing may be requested by 10 or more people or by an

association with 10 or more members. Agencies must receive requests for a public rulemaking hearing in writing within 21 days

following notice publication in the Oregon Bulletin or 28 days from the date notice was sent to people on the agency mailing list,

whichever is later. If sufficient hearing requests are received by an agency, notice of the date and time of the rulemaking hearing

must be published in the Oregon Bulletin at least 14 days before the hearing.

*Auxiliary aids for persons with disabilities are available upon advance request. Contact the agency Rules Coordinator listed in

the notice information.

Department of Environmental Quality

Chapter 340

Rule Caption: Adoption of Federal Air Quality Regulations.

Date: Time: Location:

8-18-08 6 p.m. DEQ - Bend Regional Office

Conference Rm.

300 SE Reed Market Rd.

Bend, OR 97702

8-19-08 6 p.m. Community Justice Center

First Fir. Conference Rm.,

1101 W Main, Suite 101

Medford, OR 97501

8-21-08 6 p.m. DEQ Headquarters

811 SW 6th Ave, , Rm. EQC-A

Portland, OR 97204

Hearing Officer: Mark Fisher, Byron Peterson, William Knight

Stat. Auth.: ORS 468.020 & 468A.310

Stats. Implemented: ORS 468A.025
Attachment 4.1, pg. 2

Proposed Adoptions: 340-228-0601, 340-228-0609, 340-228-0611, 340-228-0613, 340-228-0615, 340-228-061.7,

340-228-0619, 340-228-0621, 340-228-0623, 340-228-0625, 340-228-0627, 340-228-0629, 340-228-0631, 340-

228-0633, 340-228-0635, 340-228-0637, 340-230-0335, 340-230-0359, 340-244-0232, 340-244-0234, 340-244-

0236, 340-244-0238, 340-244-0240, 340-244-0242, 340-244-0244, 340-244-0246, 340-244-0248, 340-244-0250,

340-244-0252

Proposed Amendments: 340-200-0040, 340-216-0020, 340-216-0060, 340-228-0600, 340-228-0602, 340-228-

0603, 340-228-0606, 340-230-0300, 340-230-0310, 340-230-0320, 340-230-0330, 340-230-0340, 340-230-0350,

340-238-0040, 340-238-0060, 340-238-0090, 340-242-0520, 340-244-0020, 340-244-0030, 340-244-0100, 340-

244-0210, 340-244-0220

Proposed Repeals: 340-228-0604, 340-228-0605, 340-228-0608, 340-228-0610, 340-228-0612, 340-228-0614,

340-228-0616, 340-228-0618, 340-228-0620, 340-228-0622, 340-228-0624, 340-228-0626, 340-228-0628, 340-

228-0630, 340-228-0632, 340-228-0634, 340-228-0636, 340-228-0638, 340-228-0640, 340-228-0642, 340-228-

0644., 340-228-0646, 340-228-0648, 340-228-0650, 340-228-0652, 340-228-0654, 340-228-0656, 340-228-0658,

340-228-0660, 340-228-0662, 340-228-0664, 340-228-0666, 340-228-0668, 340-228-0670, 340-228-0671, 340-

228-0672, 340-228-0673, 340-228-0674, 340-228-0676, 340-228-0678, 340-232-0070, 340-238-0050, 340-244-

0110, 340-244-0120, 340-244-0130, 340-244-0140, 340-244-0150, 340-244-0160, 340-244-0170, 340-244-0180

Last Date for Comment: 8-26-08, 5 p.m.

Summary: The Oregon Department of Environmental Quality (DEQ) is proposing that the Environmental Quality

Commission (EQC) adopt standards that implement and in some cases go beyond new and amended federal air

quality regulations. The objective of this rulemaking is to ensure that the emissions reductions required under the

new and amended federal air quality regulations are made in Oregon, and to go beyond the federal regulations where

further reductions are needed to protect Oregonians, The expected result of this rule is the maintenance of Oregon's

delegation of the federal standards, the use of low mercury coal and/or mercury controls in Oregon, and the

reduction of benzene emissions in Oregon.

To submit comments or request additional information, please contact Jerry Ebersole at the Department of

Environmental Quality (DEQ), 811 SW 6th Ave, Portland, OR 97204, toll free in Oregon at 800-452-4011 or 503-

229-6974, or at federalrule@deq.state.or.us, or by fax 503-229-5675, or visit DEQ's website http:l/www.deq.

state. or.uslnews/publicnotice s/PN. asp.

Rules Coordinator: Larry McAllister

Address: Department of Environmental Quality, 811 SW Sixth Ave., Portland, OR 97204

Telephone: (503) 229-6412
Secretary of State

Certificate and Order for Filing

PERMANENT ADMINISTRATIVE RULES

I certify that the attached copies* are true, full and correct copies of the PERMANENT Rule(s) adopted on December 12, 2008 by the

Date prior to or same as filing date.

Environmental Quality Commission to be administered by DEQ OAR Chapter 340

Agency and Division Administrative Rules Chapter Number

Larry McAllister 503-229-6412

Agency Rules Coordinator Telephone

811 SW Sixth Avenue, Portland, OR 97204 mcallister.larry@degstate.or.us

Address/email

to become effective up filing. Rulemaking Notice was published in the August 1, 2008 Oregon Bulletin.**

FILED

DEC 3 1 Z008

ARCHIVES DIVISION

' SECRETARY OF STATE

ADOPT:

340-228-0601, 340-228-0609, 340-228-0611, 340-228-0613, 34 0-228-06 1 5, 340-228-0617, 340-228-0619, 340-228-0621,

340-228-0623, 340-228-0625, 340-228-0627, 340-228-0629, 340-228-0631, 340-228-0633, 340-228-0635, 340-228-0637,

340-230-0335, 340-230-0359, 340-244-0232, 340-244-0234, 340-244-0236, 340-244-0238, 340-244-0240, 340-244-0242,

340-244-0244, 340-244-0246, 340-244-0248, 340-244-0250, 340-244-0252

AMEND:

340-200-0040, 340-216-0020 (tables only), 340-216-0060, 340-228-0600, 340-228-0602, 340-228-0603, 340-228-0606,

340-230-0300, 340-230-0310, 340-230-0320, 340-230-0330, 340-230-0340, 340-230-0350, 340-238-0040, 340-238-0060,

340-238-0090, 340-242-0520, 340-244-0020, 340-244-0030, 340-244-0100, 340-244-0210, 340-244-0220

REPEAL:

340-228-0604, 340-228-0605, 340-228-0608, 340-228-0610, 340-228-0612, 340-228-0614, 340-228-0616, 340-228-0618,

340-228-0620, 340-228-0622, 340-228-0624, 340-228-0626, 340-228-0628, 340-228-0630, 340-228-0632, 340-228-0634,

340-228-0636, 340-228-0638, 340-228-0640, 340-228-0642, 340-228-0644, 340-228-0646, 340-228-0648, 340-228-0650,

340-228-0652, 340-228-0654, 340-228-0656, 340-228-0658, 340-228-0660, 340-228-0662, 340-228-0664, 340-228-0666,

340-228-0668, 340-228-0670, 340-228-0671, 340-228-0672, 340-228-0673, 340-228-0674, 340-228-0676, 340-228-0678,

340-232-0070, 340-238-0050, 340-244-0110, 340-244-0120, 340-244-0130, 340-244-0140, 340-244-0150, 340-244-0160,

340-244-0170, 340-244-0180

RENUMBER:

None

AMEND AND RENUMBER:

None

ORS 468.020 & 468A.310

Stat. Auth.: ORS

Not Applicable

Other Authority

ORS 468A.025

Stats. Implemented: ORS

RULE SUMMARY

The Oregon Environmental Quality Commission (EQC) adopted standards that implement and in some cases

go beyond new and amended federal air quality regulations. The objective of this rulemaking was to ensure

that the emissions reductions required under the new and amended federal air quality regulations are made in

Oregon, and to go beyond the federal regulations where further reductions are needed to protect Oregonians.

12-27-05 1

Attachment 4.2, pg. 1

RULE CAPTION

Adoption of Federal Air Quality Regulations

RULEMAKING ACTION
The expected result of this rule is the maintenance of Oregon's delegation of the faders.: tgekise of

low mercury coal andlor mercury controls in Oregon, and the reduction of benzene emissions in Oregon.

1 .L1

Authorized Signer

L- P.tzvWA1 !IsletPrinted name

e bear2q12008

Date

''Copies include a photocopy of this certificate with paper and electronic copies of each rule listed in the Rulemaking Action.

"''The Oregon Bulletin is published on the 1st of each month and updates the mle text found in the Oregon Administrative Rules Compilation, Notice forms must be submitted to the

Administrative Rules Unit, Oregon State Archives, 800 Summer Street NE, Salem, Oregon 97310 by 5:00 pm on the 15th day of the preceding month unless this deadline falls on•a Saturday,

Sunday or legal holiday when Notice forms are accepted until 5:00 pm on the preceding workday
Attachment 5

Evidence of Adequate Public Notice

5.1 Affidavit of Publication: Daily Journal of Commerce, Notice of July 14, 2008

publication

Affidavit of Publication: The Oregonian, Notice of July 14, 2008 publication

AFFIDAVIT OF PUBLICATION

DJC

Attachment5.1, pg. 1

P.O. Box 101271 Portland, Oregon 97296-01271(503)226-1311 FAX {503) 222-5358

STATE OF OREGON, COUNTY OF MULTNOMAH, --ss

I, MARC CAPLAN, being first duly sworn, depose and say that I am a Manager of the DAILY JOURNAL OF COMMERCE, a

newspaper of general circulation in the counties of CLACKAMAS, MULTNOMAH and WASHINGTON as defined by ORS

193.010 and 193.020; published at Portland in the aforesaid County and State; that I know from my personal knowledge that

the

NOTICE OF PUBLIC HEARING

ON PROPOSED AIR QUALITY RULE AMENDMENTS - OREGON DEQ

a printed copy of which is attached, was published in the entire issue of this newspaper for 1 time(s) in the following issues:

NOTICE OF PUBLIC HEARING

ON -PROPOSED AIR QUALITY'

RULE AMENDMENTS

The Oregon Department of Environmental Quality is proposing that the Environmental Quality Commission adopt standards that Implement new National

Emission Standards for Hazardous Air Pollutants (NESHAP) for area sources. The

Department Is also proposing to amend Its

rules to adopt . recent revisions to the

NESHAP and New Source Performance

Standards, to respond torecent court deptlions, and In some cases is more stringent

than federal requirements-to protect public

health.

These amendments; II adopted, will be

submitted to the US Environmental Protection Agency (EPA) for approval' and as a

revision to the State Implementation Plan,

which •1s a requirement of the Clean Air

Act.

The Department will hold public hearings

on the proposed rule change on August

18, 2068 at 6:00 p.m. in the conference

room, located at 300 SE Read Market

Road, Bend, Oregon; August 19, 2008 at

6:00 p.m. in the first floor conference room

at the Community Justice Center, 1101 W

Main, Suite 101, Medford, Oregon; and

August 21, 2008 at 6:00 p.m: in EQC-A. on

the tenth floor at DEQ's Headquarters-Office, 811 SW 6th Avenue. Portland,

Oregon. Oral and written comments will be

accepted at the hearing. - Copies of the proposed rule package

.may be obtained from the Air Quality Division in Portland, 811 SW 6th Avenue; Portland, OR 97204, or by contacting Jerry

Ebersole at (503) 229-6974. Written comments may be submitted anytime to the

above address, but must be received no

later than 5:00 p.m. on August 26, 2008.

UR. PAPSH -

Program Development Manager

Date 717108

SHELLEY,MATTHEWS

Air Quality Division Rule Coordinator

Date 717108

Published July 14, 2008. PF10133089-it,

Order No.: 10133089

Client's Reference No.:

0711412008.

OFFICIAL AL

S PE RY

NOTARY PUBLIC-OREGON

COMMISSION NO. 412267

MYCOIvMSSIONEXPIRES t OV27,2010

OREGON DEQ

Aftn: DEE DAVID, BUS. OFFICE

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DJC P.O. Box 10127

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DATE

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ON PROPOSED AIR QUALITY RULE

AMENDMENTS - OREGON DEQ

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BILL MY ACCOUNT $ CUSTOMER SIGNATURE AMOUNT ENCLOSED $
Pe OregonianEST. i sso

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Affidavit of Publication

I, /de//e.-/,4o-,S , duly sworn depose and say that I am the Principal Clerk Of The Publisher of The

Oregonian, a newspaper of general circulation, as defined by ORS 193.010 and 193.020, published in the city of Portland, in

Multnomah County, Oregon; that the advertisement, (the printed text of which is shown below or shown in the attached tear

sheet) was published without interruption in the entire and regular issue The Oregonian or the issue on the following dates:

7/14/2008

Attachment 5.1, pg. 3

Principal Clerk of he P blisher:

,+F 7/^5' "I OFFICIAL SEAL f

J ALAN COLLI

UBLICld5

4J ^ NOTARY P OREGON (j

(

4

COMMISSION NO. 386700

MY COMMISSION EXPIRES DEC. 26, 2008 i)

Subscribed, " It to fore me this date:

Notary:

Ad Order Number: 0002594909

NOTICE OF PUBLIC HEARING ON PROPOSED AIR QUALITY RULE AMENDMENTSThe Oregon Department of

Environmental Quality is proposing that the Environmental Quality Commission adopt standards that implement new National

Emission Standards for Hazardous Air Pollutants (NESHAP) for area sources. The Department is also proposing to amend

its rules to adopt recent revisions to the NESHAP and New Source Performance Standards, to respond to recent court

decisions, and in some cases is more stringent than federal requirements to protect public health.These amendments, if

adopted, will be submitted to the US Environmental Protection Agency (EPA) for approval and as a revision to the State

Implementation Plan, which is a requirement of the Clean Air Act.The Department will hold public hearings on the proposed

rule change on August 18, 2008 at 6:00 p.m. in the conference room, located at 300 SE Reed Market Road, Bend, Oregon;

August 19, 2008 at 6:00 p.m. in the first floor conference room at the Community Justice Center, 1101 W Main, Suite 101,

Medford, Oregon; and August 21, 2008 at 6:00 p.m. in EQC-A on the tenth floor at DEQ 's Headquarters Office, 811 SW 6th

Avenue, Portland, Oregon. Oral and written comments will be accepted at the hearing.Copies of the proposed rule package

may be obtained from the Air Quality Division in Portland, 811 SW 6th Avenue, Portland, OR 97204, or by contacting Jerry

Ebersole at (503) 229-6974. Written comments may be submitted anytime to the above address, but must be received no

later than 5:00 p.m. on August 26, 2008.

Received

JUL 21 ''ma

DEQ-Accounting

Received

Jul 17 21U

DEQ-Accounting
Rr
Attachment 6

Certification of Public Hearing

See paragraph #3 of cover letter and Attachment 7.1

Attachment 7

Compilation of Public Comments and Department's Response

7.1 Presiding Officer's Report for Rulemaking Hearings on August 18, 19 and 21, 2008,

dated August 25, 2008

7.2 Summary of Public Comment and Agency Response, dated August 25, 2008
I
Attachment 7.1, pg. 1

Agenda Item L, Rule Adoption: Adoption of Federal Air Quality Regulations

December 11-12, 2008 EQC Meeting

Attachment Cl

State of Oregon

Department of Environmental Quality

Memorandum

Date: August 25, 2008

To: Environmental Quality Commission

From: Mark Fisher, Eastern Region, Bend Office

Subject: Presiding Officer's Report for Rulemaking Hearing

Hearing Date and Time: August 18, 2008, beginning at 6:00 p.m.

Hearing Location: DEQ - Bend Regional Office

Conference Room

300 SE Reed Market Road

Bend, OR 97702

Title of Proposal: Adoption of Federal Air Quality Regulations

DEQ convened the rulemaking hearing at 6:00 pm and closed it at 6:30 pm. Jerry

Ebersole was prepared to briefly explain the rulemaking proposal.

No one attended the hearing; no one testified.

No written or oral comments were received at the hearing.

Item L 000200
Attachment 7.1, pg, 2

Agenda Item L, Rule Adoption: Adoption of Federal Air Quality Regulations

December 11-12, 2008 EQC Meeting

Attachment C2

State of Oregon

Department of Environmental Quality

Memorandum

Date: August 25, 2008

To: Environmental Quality Commission

From: Byron Peterson, Western Region, Medford Office

Subject: Presiding Officer's Report for Rulemaking Hearing

Hearing Date and Time: August 19, 2008, beginning at 6:00 p.m.

Hearing Location: Community Justice Center

First Floor Conference Room

1101 W Main, Suite 101

Medford, OR 97501

Title of Proposal: Adoption of Federal Air Quality Regulations

DEQ convened the rulemaking hearing at 6:00 pm and closed it at 6:30 pm. Jerry

Ebersole was prepared to briefly explain the rulemaking proposal.

No one attended the hearing; no one testified.

No written or oral comments were received at the hearing.

Item L 000201
Attachment 7.1, pg. 3

Agenda Item L, Rule Adoption: Adoption of Federal Air Quality Regulations

December 11--12, 2008 EQC Meeting

Attachment C3

State of Oregon

Department of Environmental Quality

Memorandum

Date: August 25, 2008

To: Environmental Quality Commission

From: William Knight, Office of Communications and Outreach

Subject: Presiding Officer's Report for Rueemaking Hearing

Hearing Date and Time: August 21, 2008, beginning at 6:00 p.m.

Hearing Location: DEQ Headquarters, EQCA

811 S.W. Sixth Avenue

Portland

Title of Proposal: Adoption of Federal Air Quality Regulations

At 6:00 pm, with two people in attendance, we began the hearing after a brief

presentation by Jerry Ebersole, lead rule writer, followed by an informal question and

answer session.

I convened the hearing at 6:15 p.m. I informed people that my role was to take oral

comments on behalf of the Environmental Quality Commission and noted that comments

made during the information session would not be part of the record unless also made at

this time.

I informed the audience that DEQ would evaluate all comments received, both oral and

written, and that DEQ would provide responses to the comments in the formal

rulemaking package. I reminded attendees that the formal public comment period would

end at 5:00 pm on August 26, 2008, and that written comments must be received by DEQ

prior to that time on that date.

Summary of Oral Testimony

One individual provided oral comments; the other said that she intended to submit written

comments.

Paul Romaine, Oregon Petroleum Association

Romaine is concerned about DEQ's proposed extension of the stage 1 vapor control

requirement to stations with monthly throughput of less than 100,000 gallons. He is not

concerned about larger stations because most of them already have stage 1 vapor

controls.

Item L 000202
Attachment 7.1, pg. 4

Agenda Item L, Rule Adoption: Adoption of Federal Air Quality Regulations

December 11-12, 2008 EQC Meeting

Attachment C3

Page 2 of 2

Romaine argued that extending the stage 1 vapor control requirement to small stations is

not supported by the cost-benefit analysis Romaine agrees that Oregon gasoline has a

high level of benzene when compared to the rest of the country. He stated that a new

federal requirement will bring the benzene content in Oregon gasoline to a level similar

to the rest of the country, and argued that there is really no difference between Oregon

and the rest of the country. He stated that only Minneapolis and Florida are proposing to

extend the stage 1 vapor control requirement to stations with monthly throughput of less

than 100,000 gallons and that Minneapolis is actually paying for those retrofits.

Romaine provided a quote for stage 1 vapor control retrofits on 2 gasoline tanks and 1

diesel tank at a station in Pendleton. He stated that stage 1 vapor controls would cost the

station $3,890 not including labor costs, and stated that with labor, the retrofits would

cost the station between $5,000 and $6,000.

Romaine also argued that the economics don't add up. He stated that oil companies are

getting out of the retail business because there is no money in retail Romaine stated that a

station with a monthly throughput of 20,000 gallons has a gross annual profit of $36,000

and a net annual profit of between $0 and $3,600. He also stated that a station with a

monthly throughput of 50,000 gallons has a gross annual profit of $90,000 and a net

annual profit of around $9,000, and said that many of these small stations are in rural

Oregon and that most rural stations will go out of business if required to install stage 1

vapor controls. Romaine argued that people will be required to drive further to fill up,

which will have negative environmental impacts. For this reason, he asked that the DEQ

not go beyond the federal threshold.

Romaine noted that any gasoline savings will go to the terminals, not the individual

station owners, and that most bulk terminals don't have systems to recover the gasoline

and instead will flare off the gasoline vapors. He suggested that the state could pay for

retrofits for smaller stations and receive a bulk discount from the equipment suppliers.

Romaine added that the federal standards for bulk plants place an extreme burden on

affected bulk plants. He spoke of one bulk plant owner whot will be required to spend

$20,000 to $30,000 to retrofit his tanks, and as a result may go out of business. He

acknowledged that the DEQ would not be able to adopt standards less stringent than the

federal standards.

There was no further testimony. The hearing closed at 6:30 p.m.

Item L 000203
Attachment 7.2, pg. 1

Agenda Item L: Rule Adoption: Adoption of Federal Air Quality Regulations

December 11-12, 2008 EQC Meeting

Attachment B

Summary of Public Comment and Agency Response

Title of Rulemaking: Adoption of Federal Air Quality Regulations

Prepared by: Jerry Ebersole Date: August 25, 2008

Comment The public comment period opened on July 15, 2008, and closed at 5:00 p.m. on August 26, 2008. DEQ

period held the following public hearings:

• August 18, 2008, 6:00 pm

DEQ - Bend Regional Office

300 SE Reed Market Road, Bend

0 attended and 0 testified.

• August 19, 2008, 6:00 pm

Community Justice Center, 1st Floor Conference Room

1101 W Main, Suite 101, Medford

0 attended and 0 testified.

• August 21, 2008, 6:00 pm

DEQ Headquarters, Room EQCA

811 S.W. Sixth Avenue, Portland

2 attended and 1 testified.

Seventeen comments were submitted by standard mail, fax, or e-mail and one verbal testimony was

given at public hearings.

Organization of Summaries of individual comments and the.DEQ's responses are provided below. Comments are

comments and j summarized in categories. The persons who provided each comment are referenced by number. A list of

responses commenters and their reference numbers follows the summary of comments and responses.

Explanation of AQ = Air Quality

acronyms used BART = Best Achievable Retrofit Technology

in this BTU = British Thermal Unit

document CAMR = Clean Air Mercury Rule

CFR = Code of Federal Regulations

CMI = Covanta Marion Inc,

DEQ = Department of Environmental Quality

EIS = Environmental Impact Statement

EPA = Environmental Protection Agency

EQC = Environmental Quality Commission

FGD = Flue Gas Desulfurization

GDF = gasoline dispensing Facility

HAP = Hazardous Air Pollutant

Hg = Mercury

km = kilometer

MALT = Maximum Achievable Control Technology

MWC = Municipal Waste Combustor

NESHAP = Nation Emission Standards for Hazardous Air Pollutants

NSPS = New Source Performance Standards

OPA = Oregon Petroleum Association

SIP = State Implementation Plan

S02 - Sulfur dioxide

USDA = United States Depax [Anent of Agriculture

Item L 000185
Attachment 7.2, pg. 2

Agenda Item L: Rule Adoption: Adoption of Federal Air Quality Regulations

December 11-12, 2008 EQC Meeting

Attachment B

Page 2 of 15

Summary of Comments/Responses

General Comments

1. General Air ! •

Quality •

Air quality continues to get worse and breathing issues are on the rise because of it. (1)

Please do all that you can to protect citizens and clean up our air. (1)

Response • The proposed rules would reduce emissions of a number of hazardous air pollutants

(HAP) in Oregon.

2. Mercury •

Rules

What would it take to get rules for airborne Hg broadened to include potential sources

in Ore;.on other than coal? 2

Response • State and/or federal AQ regulations currently regulate Hg emissions from numerous

sources, including but not limited to coal-fired power plants, municipal waste

combustors, hazardous waste combustors, medical waste combustors, and steel mills.

Also, DEQ and Ash Grove Cement recently signed a Mutual Agreement and Order that

will require Ash Grove Cement to reduce their mercury emissions by 75-85 percent.

3. Specific •

Sources

Will these new regulations have any effect on permits issued to South Coast Lumber

Corn 'an or Pacific Wood Laminates in Brookins? 9

Response • No they will not. These sources do not have equipment subject to the new regulations,

but may have equipment subject to future regulations.

Municipal Waste Combustors

4. General •

•

•

"Of this section" is more accurate than "of this rule." (17)

Change "facility" to "unit," "plant" to "facility," and "facilities" to "units." This will

reduce confusion between requirements for individual MWC units and the entire

facility. (17)

In OAR 340-230-0340(9)(b) change "(9)(a)(A)" to "(9)(b)(A)" to correct a

t .o:rashical error. 17

Response •

•

•

Under Oregon 's codification structure, DEQ uses "section... of this rule ",

"subsection... of this section ", "paragraph... of this subsection ", "subparagraph... of

this paragraph ", "sub-subparagraph... of this subparagraph ", or simply "of this rule, "

"Of this section" and "ofthis rule" are equally accurate. For this rulemaking, a

stylistic choice was made to use "ofthis rule."

To ensure consistency with the federal rule, DEQ is maintaining the facility/plant

terminology used in the federal rule.

Corrected OAR 340-230-0340(9)(b).

5. Emission •

Standards

More •

Stringent

Than Federal

•

•

•

We are concerned about the unsupported tightening of emission limits beyond what

EPA deemed necessary for existing MWCs. (18)

DEQ should not exceed federal requirements that demand large expenditures for small

emission reduction unless the agency has a documented and verifiable reason. (18)

We are concerned not only regarding Covanta specifically, but as a broader policy to be

applied to other Oregon facilities. (18)

DEQ's process for this rulemaking fails to meet the requirements set forth in legislation

passed in 2007. (17)

DEQ should furnish the scientific, economic, technical, administrative, and/or other

reason for exceeding the applicable federal requirements. (17, 18)

DE • should furnish an alternatives considered and the reasons that the alternatives

Item L 000186
Attachment 7.2, pg. 3

Agenda Item L: Rule Adoption: Adoption of Federal Air Quality Regulations

December 11-12, 2008 EQC Meeting

Attachment B

Page 3 of 15

were not pursued, or point out where this information is included in the notice, (17, 18)

• CMI has little or no control of the materials that the general public disposes of. (17)

• CMI has routinely operated below emission limits, but there is no guarantee that we

could meet the new limits on a routine basis given the variability of the fuel stream. (17)

• This decrease in emission limits at or near those EPA promulgated for new MWCs puts

CMI at an increased risk of non-compliance. (17)

• Change the proposed limits to be consistent with and no more stringent than 40 CFR

part 60 subpart Cb. (17)

• DEQ's proposed cadmium limit is more stringent than EPA's limit for units built

between 09/20/94 and 12/19105. CMI began construction in 1984. (17)

• DEQ is proposing to limit CMI's operational flexibility without any corresponding

protection of human health and the environment. (17)

• Why wasn't concern about Covanta's limits raised by DEQ during the Title V permit

renewal process? (17)

Response • Covanta is Oregon 's only large municipal waste combustor and is located in Brooks.

DEQ is recommending that EQC tighten requirements for this facility beyond the

recently established EPA emission guidelines.

▪ DEQ acknowledges industry concern when DEQ proposes standards more stringent

than federal requirements. However, it is important to note that in this case EPA has not

set emission standards for municipal waste combustor facilities, but instead established

emission guidelines. When EPA adopts an emission standard, such as a NSPS or

NESHAP, the standard applies whether or not Oregon adopts the standard. Emission

guidelines are different in that they are intended as guidance to states based on EPA's

review of the best performing sources around the country. In practice, the guidelines set

presumptive minimum standards. States are required to set standards at least as

protective as the federal emission guidelines based on their own review of technology.

• DEQ is recommending the proposed standards based on review of Covanta's historical

performance, which has consistently demonstrated Covanta's emissions are

significantly lower than the federal emission guidelines for cadmium, lead, and

dioxins/furans. Moreover, the proposed standards are set conservatively to provide

Covanta with ample room for operational flexibility without risk of violation. Because of

this Covanta would not need to install any additional controls to comply with the

proposed standards.

• This proposal does not impact broader policy affecting other facilities that are subject

to federal standards. Also, it only applies to three pollutants regulated under sections

111 and 129 of the CAA, and does not impact broader policy about how DEQ would

address pollutants regulated under section 112 of the CAA or under the SIP.

+ DEQ complied with the 2007 legislation by completing the "Relationship to Federal

Requirements " document found in attachment E which states reasons for exceeding

applicable federal requirements and alternatives considered. The primary reason for

the tighter standards is to ensure that Covanta continues to operate close to its current

level of efficiency and so that emissions of three toxic air pollutants do no increase

significantly.

• DEQ agrees that the emission limit for cadmium should not be more stringent that

EPA s limit for newer units. DEQ is therefore proposing a cadmium limit of0.020

mg/dscm.

• During permit renewal concerns were raised by the public that the levels established by

the permit weresignificantlyhigher than necessary. However, DEQ sets permit levels

Item L 000187
Attachment 7.2, pg. 4

Agenda Item L: Rule Adoption: Adoption of Federal Air Quality Regulations

December 11-12, 2008 EQC Meeting

Attachment 13

Pane 4 of 15

consist ant with applicable rules and therefore did not propose modifying the permit.

6. Monitoring •

and Testing

•

•

•

•

+

•

Add OAR 340-230-0320 and 0340(12) to standards that apply at all times except during

periods of startup, shutdown, and malfunction. (17)

In OAR 340-230-0340, remove references to the Administrator since DEQ is fully

delegated these standards. (17)

Change "days" to "hours" in OAR 340-230-0340(5)(g) to be consistent with data

availability requirements for other pollutants. (17)

In OAR 340-230-0340(7)(d)(B)(ii) add "where such units use. carbon to meet the

applicable dioxin/furan emission limit," CMI does not use carbon to comply with their

dioxin/furan emission limits and suggests the new language to reflect the intent of the

regulatory language. (17)

In OAR 340-230-0340(11)(c) change "on an annual basis (no more than 12 months

following previous performance tests)" to "on a calendar year basis (no less than 9

calendar months following the previous performance tests; and must complete five tests

in each 5-year calendar period)" to be consistent with the performance testing language

for the other pollutants. Discussions with EPA confirmed that this is a typographical

error that will be corrected. (17)

In OAR 340-230-0340(12), change "and/or" to "or" to add clarity. CMI does not use

carbon to comply with either referenced dioxin/furan limit. (17)

In OAR 340-230-0340(12)(a)(13), add "if applicable" to "during each performance test

for dioxin/furan emissions," (17)

Response •

•

+

The rule has been revised to clarify that OAR 340-230-0300 through 0359 apply at all

times except during periods ofstartup, shutdown, and malfunction.

During program audits, EPA expressed concern about DEQ replacing Administrator

authority with DEQ authority for monitoring and testing requirements. As a result, the

proposed rules retain references to Administrator for monitoring and testing

requirements.

Changed OAR 340-230--0340(5) (g), (7) (d) (B) (ii), (11) (c), (12), and (12) (a) (B) as

requested.

• Utility Mercury Rule

7. Health • Special education programs have grown by leaps and bounds. (5)

The neurological severity of children is so much more than it was a decade ago. (5)

Medical journal articles associate Hg with developmental delays in children. (5, 15)

The Boardman plant presents significant risks to human health and the environment.

(15)

Fish species in Oregon already have high fish tissue concentrations of Hg. (15)

Subsistence fishers in the Columbia Basin face unacceptably high health risks as a result

of exposure to Hg and other contaminants. (15)

Small amounts of Hg deposition contribute to massive problems for the species exposed

to the Hg contamination. (15)

There is, quite simply, no safe level of Hg exposure. (15)

In 2006, the EQC adopted the Utility Mercury Rule (UMR) that will require the

Boardman coal-fired power plant to capture 90% of its Hg emissions or reduce its Hg

emissions to 0.60pounds per trillion Btus by as early as 2012. DEQ is not

recommending any changes to these emissions standards.

DEQ shares the commenter 's concern about the health effects of mercury and has acted

Effects of .

Mercury

•

•

+

•

•

Response •

•

Item L 000188
Attachment 7.2, pg. 5

Agenda Item L: Rule Adoption: Adoption of Federal Air Quality Regulations

December 11-12, 2008 EQC Meeting

Attachment B

Page 5 of 15

+

to reduce mercury emissions.

In addition to the UMR, DEQ entered into a Mutual Agreement and Order with Ash

Grove Cement that will require the facility to capture 75 to 85% of its mercury

emissions.

• These requirements will reduce mercury emissions in Oregon by 2,000 to 2,300 pounds

per year.

8. Impact •

Assessment

•

•

•

DEQ has consistently ignored or downplayed the risks of Hg contamination. (15)

DEQ has never investigated the extent of Hg contamination in Oregon or the Boardman

area. (15)

DEQ did not do any independent research regarding the likely fate and transport of Hg

emissions from the PGE Boardman facility. (15)

DEQ's estimates of localized Hg deposition are not correct. (15)

Even if one assumes that DEQ's estimates of localized mercury deposition are correct,

the annualized deposition of 8.5 pounds of mercury per year within 100 km of the

Boardman facility nonetheless presents significant risks. (15)

Response •

•

•

DEQ agrees that mercury contamination in Oregon is a serious concern and is

committed to addressing Oregon sources of mercury and reducing their emissions to the

fullest extent practicable. Solving this problem will continue to be challenging because

soils in Oregon naturally contain high levels of mercury and a high percentage of

mercury that deposits in Oregon comes from sources outside of the US. and Canada.

DEQ estimated Hg deposition near the Boardman plant as part of the original UMR

adoption in 2006, including additional analyses conducted in response to public

comments.

The EQC already considered public comments regarding mercury fate and transport

when it adopted the UMR and required 90% mercury control, which is the highest level

achievable at this time. The current proposal does not relax the existing requirements,

but eliminates trading provisions that were vacated by the courts.

9. Change ! •

Compliance

Dates

•

•

•

•

DEQ has repeatedly stated its intent to link the Hg rules with the Regional Haze SIP as

the Hg controls and the S02 controls are inextricably linked. (16)

Revise the date the mercury control plan must be submitted to within 90 days of EPA

approval of the Regional Haze SIP. (16)

Link the rule implementation schedule with the Regional Ilaze SIP deadlines. (16)

The baghouse that is the heart of the S02 control system is also the heart of the Hg

control system and so the two control systems need to move together. (16)

DEQ announced on August 14th that the deadline for implementation of the S02

control system is 2014, two years after the Hg rule deadline. (16)

Revise the mercury control deadline to the date specified in the EPA approved Regional

Haze SIP for installation and operation of S02 controls. (16)

Response •

•

The existing UMR requires compliance in 2012, with a possible one year extension to

2013 if compliance could not be achieved by 2012 for reasons outside of PGE's

control. DEQ is not recommending that the EQC change the compliance schedule at

this time.

DEQ agrees that it is practical to align the installation of Hg controls and the S02

controls because they use the same baghouse system. The Regional Haze SIP proposal

for the Boardman plant is still under development and it is not yet known what the

compliance date will be for the S02 controls. Therefore, it is more appropriate to make

any adjustment to the Hg compliance deadlines during the Regional Haze SIP

rulemaking.

Item L 000189
Attachment 7.2, pg. 6

Agenda Item L: Rule Adoption: Adoption of Federal Air Quality Regulations

December 11-12, 2008 EQC Meeting

Attachment B

Page 6 of 15

10. Don't • An extension based on "supply limitations" should not be included in the rule because

Change - PGE has been aware of the need to order Hg and S02 controls concurrently. (15)

Compliance • The people and environment of Oregon should not be subjected to continued

Date uncontrolled mercury emissions because PGE did not take DEQ seriously. (15)

• If DEQ includes a provision for flexibility on the basis of supply limitations, PGE

should be given a hard deadline by which to order the control equipment. (15)

• DEQ's BART proposal also cannot be considered an "extenuating circumstance"

triggering the one year extension for installation of controls. (15)

• Oregon's people and environment are suffering the ill effects of the delayed

implementation of the BART controls. (15)

• Delaying Hg control installation to coincide with the already late BART deadlines

compounds those injuries. (15)

• If the two rules are to be integrated, the S02 timeline must be accelerated to match the

July 1, 2012 deadline for installation of mercury controls. (15)

+ PGE may claim the expense of Hg controls is too much, but until they install the

controls, Oregonians continue to bear the cost of health and environmental harm. (15)

• DEQ should not allow PGE to shift its burden to Oregonians and their environment.

(15) __ ___ _ _ _ _w_ __._._._.___.._-.._ . _ _ - _.___.____..__ __...

Response • The existing UMR requires compliance in 2012, with a possible one year extension to

2013 if compliance could not be achieved by 2012 for reasons outside ofPGE 's

control. DEQ is not recommending that the EQC change the compliance schedule at

this time.

• DEQ acknowledges the commenter 's request that Hg controls be required on the

Boardman plant as soon as possible, but notes that the most cost effective method of

controlling Hg emissions at the Boardman plant would be to utilize the baghouse that is

part of the S02 control system.

• Potential reasons for granting an extension include: Hg control system engineering

delays caused by delays in the Regional Haze SIP rulemaking, because the Hg and S02

control systems use the same baghouse system; and delays caused by multiple states

requiring similar controls, which could delay construction. Until the Regional Haze SIP is

adopted, it is unclear if the mercury compliance date will need to be adjusted.

Therefore, any adjustment to the Hg control system compliance date will be made

during the Regional Haze SIP rulemaking.

• Mercury contamination in Oregon is a serious concern and DEQ is committed to

addressing Oregon sources of mercury and reducing their emissions to the fullest extent

and as early as practicable.

• The Oregon program should be viewed as an interim program until a NESHAP can be

developed for coal fired electric generating units. (16)

• When a NESHAP is promulgated, the state standard should sunset so as to avoid

conflicting standards. (16) -_-

• Sunsetting the Utility Mercury Rule has the potential to have a negative impact. The

NESHAP could be far less stringent than Oregon's Utility Mercury Rule and allow PGE

to remove or scale back its mercury control system. The NESHAP proposed by EPA in

2004 contained mercury limits of 2.0 lbs/TBtu for bituminous coal and 5.8 lbs/TBtu for

subbituminous coal, which are far less stringent than the Utility Mercury Rule which

contains a mercury limit of 0.6 lbs/TBtu.

12. Mercury • Reduce Hg emissions to the absolute minimum. (7)

Standards DEQ's proposal fails to require the PGE Boardman facility to achieve an emission

11. Rule Sunset

Response

Item L 000190
Attachment 7.2, pg. 7

Agenda Item L: Rule Adoption: Adoption of Federal Air Quality Regulations

December 11-12, 2008 EQC Meeting

Attachment B

Page 7 of 15

limitation that is already technologically achievable. (15)

• Technology exists to control Hg emissions beyond the proposed 90% reduction. (15)

F • The EQC should adopt an emission limit of 0.2 lbs/TBtu which is feasible, tested, and

legally required. (15)

• The Boardman plant should be subject to both a control efficiency requirement and a

corresponding emission limit. (7, 15)

• Societal costs are too high to take partial measures. (7)

• It is imperative that Boardman coal plant reduce its Hg emissions. (5)

• DES has abro ated its res.onsibili to rotect ublic health and the environment. 15

Response • The UMR was adopted in 2006. At the time, the EQC evaluated available information

and adopted a 90% control level. The current proposal does not change the 90%

control requirement, but merely removes the provisions referring to the vacated CAMR

rule.

• DEQ acknowledges the commenter 's request that Hg emissions from the Boardman

plant be reduced by greater than 90% and to 0.2 pounds per trill, but such high levels of

mercury control have not yet been demonstrated.

+ The mercury content of the coal used at the Boardman plant has varied from 5.0

lbs/TBtu in 2002 and 9.9 lbs/TBtu in 2005. To account for variability in the mercury

content in the coal used at the Boardman plant, DEQ proposed and the EQC adopted

standards that will require the Boardman plant to achieve 90% mercury control or 0.6

lbs/TBtu. In years in which the mercury content of the coal is high and 0.6 lbs/TBtu may

or may not be achievable, the Boardman plant would be required to control mercury

emissions by 90%. In years in which the mercury content of the coal is low and 90%

mercury control may or may not be achievable, the Boardman plant would be required

to reduce mercury emissions to 0.6 lbs/TBtu. Even if it is assumed that the Boardman

plant will comply with the less stringent standard each year, the emissions would

average 27 pounds per year. If it is assumed that the Boardman plant could achieve

90% mercury control and 0.6 lbs/TBtu, the emissions would average 22 pounds per

year.

• To achieve 0.2 lbs/TBtu, the Boardman plant would be required to meet a mercury

control level of 98%, a level that has not been demonstrated on a long term basis.

• The EQC adopted mercury control standards for the Boardman that are some of the

most stringent in the country. DEQ has also entered into a Mutual Agreement and

Order with Ash Grove Cement that will require them to capture 75 to 85% of its

mercury emissions. These requirements will reduce mercury emissions in Oregon by

2,000 to 2,300 pounds per year.

• The proposed rule actually invites new coal-fired power plants to Oregon. (15)

• Oregon should ensure no new coal-fired power plants are constructed in the State. (15)

• The rule should reduce the Hg emissions cap by at least 35 pounds per year when the

Boardman plant closes. (15)

• Eliminate the Hg emissions cap as it was part of the vacated federal requirements. (16)

• The Hg emissions cap could have unanticipated consequences in the future. (16)

• The Boardman plant has never operated a Hg CEMs. (16)

• The exact emission level of the plant is unclear. (16)

• Eliminating the emission cap will not affect the Boardman plant's obligation to comply

with the Hg limits, but will eliminate the possibility of the plant having to curtail

operations to stay in compliance with the emissions cap. (16)

13. Mercury

Emission

Caps

item L 000191
Attachment 7.2, pg. 8

Agenda Item L: Rule Adoption: Adoption of Federal Air Quality Regulations

December 11 .12, 200S EQC Meeting

Attachment S

Page 8of1S

Response • The purpose of the Utility Mercury Rule is to reduce mercury emissions, not to invite or

ban new coal-fired power plants in Oregon.

• Though the federal requirement that Oregon have a cap on Hg emissions was vacated

in early 2008, the proposed rules retain the 60 pounds-per-year Hg cap starting in

2018. Without the Hg emission cap, the UMR would still ensure that any new coal-fired

power plants are well controlled, but would not limit the total amount of Hg emissions

from all coal-fired power plants. Retaining the Hg emission cap maintains the original

level of stringency in the UMR before CAMR was vacated.

• It is true that the Boardman plant has not operated a Hg GEMS and that the exact plant

emissions are unclear. However, based on extensive coal sampling and analysis done by

EPA and data provided by the Boardman plant, DEQ is confident that the Boardman

plant can meet a rolling 12-month Hg emission cap of 35 pounds per year and would

not need to curtail operations.

• Previously, the Boardman plant had the ability to offset a portion of the cost of

complying with the more stringent State standard by selling mercury allowances. (16)

• The ability to offset cost was a key basis for requiring a higher standard. (16)

• Now that the possibility of selling allowances has been eliminated, DEQ needs to assess

the increased economic impact. (16)

Response • Under the original UMR, PGE could only sell credits from the date controls are

installed (2012 or 2013) until 2017. Beginning in 2018, the rule prohibited trading. This

means credits could only be sold for 4 or 5 years, and possibly less if the mercury

provisions are delayed due to a delay in the S02 requirements under the Regional Haze

SIP. In addition, the rulemaking analysis identified the value of selling credits as a

possible benefit to PGE; it was not a determining factor in setting the stringency of the

rule.

• The economic impact analysis assumed that the Boardman plant would be required to

install a wet FGD for S02 control, in which case a separate baghouse would need to be

installed for mercury control. It appears now that a semi-dry scrubber will be installed

for S02 control, meaning that the baghouse that is part of the semi-dry scrubber will

also be used for mercury control. This will result in substantial cost savings that will

more than compensate for the lost ability to offset costs by selling mercury credits.

Hg CEMS are in a state of evolution as the technology evolves. (16)

• Now that the federal rule has been vacated, the evolution of the performance

specification is likely to stall at the federal level. (16)

• The refinement of the performance specification will have to occur as plants learn how

to work with the new technology. (16)

• DEQ should incorporate the performance specification for Hg CEMS into the DEQ ' s

continuous monitoring manual and not into the rule. (16)

• This will provide more flexibility as DEQ and PGE operate on the forefront of this

developing technology. (16)

• OAR 340-228-0637(4)(b)(B)(ii) is not relevant to the Hg control rules. (16)

• The references to S02 CEMS in the same section of the rules. should be deleted. (16)

Item L 000192
Attachment 7.2, pg. 9

Agenda Item L: Rule Adoption: Adoption of Federal Air Quality Regulations

December 11-12, 2008 EQC Meeting

Attachment B

Page 9 of 15

Response •

•

The federal CAMR included mercury emission monitoring requirements that were

vacated when the courts vacated CAMR. DEQ is recommending that the EQC

incorporate the vacated monitoring requirements into the UMR.

For other types of continuous monitoring, the continuous monitoring manual refers to

EPA rules. Since there is no federal rule to refer to for mercury monitoring, the

monitoring provisions need to be included in Oregon 's rules.

References to S02 CEMS relate to wet FGD systems that achieve high levels of mercury

control. Wet FGD systems do not typically achieve high levels of mercury control for

subbituminous coal. Therefore reference to S02 CEMS and wet FGD systems will be

removed from the rules, including from OAR 340-228-0637(4) (b) (B) (ii).

Area Source NESHAPs/General Permits

16. Gasoline •

Distribution

NESHAP •

•

To adapt my trucks and bulk plant to bottom loading capabilities would be financially

impossible. A conservative cost estimate would be $500,000. (4)

The federal standards for bulk plants place an extreme burden on bulk plants. (4)

One bulk plant may go out of business as a result of the new federal standards. (10)

Response • The Gasoline Distribution NESHAP is already required by federal law. DEQ has

proposed to adopt this rule by reference so that Oregon can obtain delegation to

implement the program.

17. Area Source •

NESHAPs •

+

•

I oppose the adoption of the Area Source NESHAPs. (8)

Industry is already complying with the area source NESHAPs. (8)

DEQ's adoption of the rules is redundant, not an efficient use of DEQ's authority, and

is a distraction from the important work that DEQ needs to focus on. (8)

Refrain from extending these federal regulations beyond their original intent. (8)

Response •

*

•

DEQ acknowledges that some sources are already complying with the area source

NESHAPS, but based on DEQ's initial outreach, most sources however do not even

know about the area source NESHAPs.

It is more efficient for DEQ to implement the area source NESHAPs in Oregon as part

of DEQ's overall air taxies program than for EPA to set up a separate and duplicative

state system to implement some of the NESHAPs. In addition, most sources inform

DEQ that they prefer to work with DEQ than directly with EPA because DEQ is able to

provide more technical assistance and is more familiar with local conditions.

Adjustments to federal standards are necessary from time to time to address conditions

and concerns specific to Oregon.

18. Wood •

Preserving

NESHAP =

Response •

EPA estimated it would cost affected facilities $200 to comply. DEQ expects affected

facilities to have a permit, submit an annual report, and pay fees. This adds to the

burden of complying with the NESHAP 8

To receive the authority to implement the area source NESHAPs from EPA, DEQ is

required to have the authority, the resources, and an implementation mechanism. If

EPA were to directly implement the NESHAP, they would need resources and a

corn .arable im.lementin • mechanism.

19. Wood •

Preserving

General Permit

The reporting requirements in the general permit for wood preserving sources do not

have anything to do with the NESHAP. (8)

Item L 000193
Attachment 7.2, pg. 10

Agenda Item L: Rule Adoption: Adoption of Federal Air Quality Regulations

December 11-12, 2008 EQC Meeting

Attachment B

Page 10 of 15

Response •

•

The Wood Preserving NESHAP, unlike other NESHAPs, does not require annual

reporting.

DEQ typically only inspects general permit sources once every five years. Annual

reporting of emissions is needed to ensure that sources do not trigger a requirement

and remain out of compliance with that requirement for an extended period of time.

• Gasoline Dispensing

20. Aviation •

Fueling

•

•

Keep in mind the special characteristics of aviation fueling versus automotive fueling.

(3)

Aviation refueling is subject to the equipment needs of small and large aircraft. (3)

We cannot unilaterally change the way aircraft are fueled. (3)

Response .

•

The Gasoline Dispensing NESHAP exempts aviation fueling.

The Gasoline Dispensing NESHAP contains the following exemption: "The loading of

aviation gasoline storage tanks at airports is not subject to this rule and aviation

gasoline is not included in the gasoline throughput."

21. Agricultural •

Exemption •

•

•

We disagree with the agricultural exemption from the Stage I requirement. (14)

Agricultural operations with higher throughputs are likely to be large operations and,

therefore, quite capable of the economic outlay required to install the equipment. (14)

Agricultural workers are even more likely to be impacted by benzene exposure because

pesticides are another significant source of benzene exposure. (14)

Large agricultural operations are not exempted from the requirements of the Clean Air

Act, nor should they be exempted from the more stringent Oregon requirements. (14)

Response •

•

DEQ does not have the authority to regulate agricultural operations except to carry

out the Clean Air Act.

The proposed standards would require agricultural operations to comply with the

Gasoline Dispensing NESHAP, if applicable. Agricultural operations however would

be exempt from the requirements that go beyond the Gasoline Dispensing NESHAP.

These additional requirements are not necessary to carry out the Clean Air Act.

22. Timing of •

Topping Off •

Ban

•

•

•

•

•

•

•

•

•

•

4

•

There is no reason to wait until 2011 for a top off ban. (11)

Delaying action unnecessarily increases benzene exposure for GDF employees,

customers, and those living near a GDF. (11, 14)

Exposure is exacerbated by topping off. (11, 14)

The exposure level when filling a vehicle is 1 ppm, twice the OSHA action level. (14)

Increased benzene levels in breath have been observed 24 hours after fueling. (11, 14)

EPA says that no level of benzene exposure is safe. (11)

Ban topping off ban starting in 2009 or as soon as possible. (II, 14)

Compliance requires no economic expense and minimal effort; there is therefore no

reason to delay its implementation by 2 years. (14)

GDF owners have already been alerted to the hazards of topping off and advised not to

do so by DEQ. (14)

Multnomah and Lane counties have already implemented top off policies, showing that

it can be done in short order. (14)

Many gas stations already only top off when a customer demands it. (14)

Topping off will likely increase the chance of dripping; each ounce of spilled gasoline

emits the equivalent air pollution to a car being driven 56 miles. (14)

Topp pg off can overfill the tank resultin Jn evaporation of the fumes and increased mm

Item L 000194
Attachment 7.2, pg. 11

Agenda Item L: Rule Adoption: Adoption of Federal Air Quality Regulations

December 11-12, 2008 EQC Meeting

Attachment B

Pate 11 of 15

•

•

•

ambient benzene levels near the gas station. (14)

Topping off can damage a vehicle 's onboard vapor recovery system causing it not to

work properly and causing the vehicle to run poorly and have higher emissions. (14)

Topping off can also damage the GDF's stage 2 vapor recovery system. (14)

As a result of topping off, some fuel remains inside the hose and spills out when the

next customer fills u+. The first customer +a s for fuel that was not received. 14

Response

•

The Gasoline Dispensing NESHAP requires that all GDFs minimize gasoline spills.

DEQ is recommending that the EQC extend this requirement to include a ban on

topping off of motor vehicle tanks.

DEQ agrees that a top off ban could and should happen sooner. However, DEQ

believes a minimum six months of time is necessary to allow gasoline dispensing

stations to comply with the ban. DEQ is changing the proposed date of the top off ban

from January 10, 2011 to July 1, 2009.

23. Case Against .

towering Stage

1 Vapor Control .

Threshold +

Below 100,000

Gallons

•

•

•

•

•

•

•

+

+

•

+

n

+

•

•

A new federal requirement will bring the benzene content in Oregon gas to a level

similar to the rest of the country. (10)

Most other states do not see a need to go beyond the federal requirements. (10)

Only Minneapolis and Florida are proposing to extend the stage 1 vapor control

requirement to stations with monthly throughputs of less than 100,000 gallons. (10)

A number of other states already require Stage 1 vapor controls including Washington,

Vermont, and Florida. (14)

Stage 1 vapor controls would cost the typical station $3,890 not including labor costs.

With labor, the retrofits would cost the typical station between $5,000 and $6,000. (10)

This proposal is expensive and unnecessary. (10)

The economics don't add up. (10)

Smaller stations do not have the resources to install the equipment. (10)

A station with a monthly throughput of 20,000 gallons has a gross annual profit of

$36,000 and a net annual profit of between $0 and $3,600. (10)

A station with a monthly throughput of 50,000 gallons has a gross annual profit of

$90,000 and a net annual profit of around $9,000. (10)

Any gasoline savings will go to the terminals, not the individual station owners. (10)

In today's economy, adding another regulatory burden is unreasonable. (12, 13)

Over regulation and high fuel prices are removing incentives to stay in business. (4, 13)

Passing additional costs on to customers will simply reduce our overall sales. (4)

Regulation has driven equipment prices up. (13)

Oil companies are getting out of retail because there is no money in retail. (10, 13)

There is a huge difference between metro and rural Oregon. (4)

Rural stations will go out of business if required to install stage 1 vapor controls. (10)

• For rural stations, this will be the difference between customers filling their tanks and

just purchasing enough fuel to get to a bigger market where the price is lower. (13)

•

•

People will have to drive further to fill up, negatively impacting the environment. (10)

Rural customers are under tremendous pressure from high unemployment, increasing

cost of groceries and consumer goods, and the high cost of gasoline. (4)

High oil and fuel product prices have brought the Oregon economy in rural areas to a

screeching halt. Traffic is almost non-existent. Business is so slow that fuel stations are

already closing due to low retail sales. (13)

Response . The NESHAP requires GDFs whose monthly throughput is 100,000 gallons or more to

install stage 1 vapor controls. DEQ originally proposed that GDFs whose monthly

Item L 000195
Attachment 7.2, pg. 12

Agenda Item L: Rule Adoption: Adoption of Federal Air Quality Regulations

December 11-12, 2008 EQC Meeting

Attachment B

Page 12 of 15

throughput is greater than 20,000 gallons per month also install stage 1 vapor

controls.

• DEQ recognizes that the proposed rule will add costs for stations with throughput

below the federal threshold, but is also concerned about health risks from exposure to

benzene that will occur even after refiners are required to lower the benzene content of

gasoline. Based on the comments, DEQ reviewed its analysis of costs and benefits and

is now proposing to increase the threshold for vapor controls from the original

proposal of20,000 gallons per month to 480,000 gallons per year (equal to 40,000

gallons per month on average).This will ensure that GDFs with lower annual

throughputs and revenue are exempted from the requirement to install stage 1 vapor

controls. This will still ensure that GDFs with the greatest offsite impacts install stage

1 vapor controls.

• The new federal requirement will require refiners to meet an average benzene content

of 0.62% starting in 2011 and a maximum benzene content of 1.3% starting in 2012.

EPA estimates that benzene levels in Oregon gasoline will drop from 1.75% to 0.85%

in 2011 and from 0.85% to 0.65% in 2012. New federal requirements have and will

continue to reduce benzene exposure in Oregon, but many areas of the state will still

have benzene levels above a level deemed to be protective ofpublic health. DEQ

estimates show that GDFs with annual throughputs of greater than 480,000 gallons of

gasoline will continue to pose offsite impacts that exceed a level that is protective of

public health, even after full implementation of the new federal requirements.

+ The Gasoline Dispensing NESHAP was promulgated on January 10, 2008. States are

in varying stages of implementing the NESHAP. It is still too early to determine which

states and locals will go beyond the federal requirements.

• The provided quote submitted by commenter (10) is not representative because it is for

enhanced vapor recovery (EVR) equipment which would not be required under the

proposed rules. DEQ has quotes from an equipment supplier for non-EVR that

demonstrates that non EVR equipment cost significantly less than EVR equipment.

+ According to DEQ 's Underground Storage Tanks Program, approximately 60% of

GDFs in Oregon already have stage 1 vapor controls. To further reduce benzene

exposures in Oregon, DEQ is adding a requirement that any installed stage 1 vapor

controls be operated and maintained, regardless of the throughput of the GDF.

• To ensure that the rule remains at least as stringent as the federal NESHAP, DEQ is

adding a stage 1 threshold of 100,000 per month to go along with the 480,000 gallon

annual threshold.

• Significant numbers of Oregonians have a higher than average cancer risk from

benzene exposure. (14)

• Oregonians are also impacted by other pollutants contained in gasoline fumes. (14)

• Cancer and non-cancer risks to Oregonians should be regarded as a grave threat. (14)

• Oregon's children are at even greater risk, exemplified by higher rates of leukemia in

children who live in close proximity to gas stations. (14)

• Based on DEQ estimates, a person currently living 100 meters from a relatively small

GDF without vapor control is exposed to levels above DEQ's health benchmark. (14)

• DEQ estimates that, even if GDFs pass the cost of stage 1 vapor control equipment on

to consumers, the burden would amount to a mere 0.3 cents per gallon. (14)

• DEQ estimates the cost to retrofit 3 tanks is between $1350 and $4450 while OPA

estimates it would cost $6000. (14)

• The corresponding monthly payments, amortized over the 15-year expected life of the

24, Case For

Lowering Stage

1 Vapor Control

Threshold

Below 100,000

Gallons

item L 000196
Attachment 7.2, pg. 13

Agenda Item L: Rule Adoption: Adoption of Federal Air Quality Regulations

December 11-12, 2008 EQC Meeting

Attachment B

Pane 13 of 15

•

•

+

j

tank at 1% interest, would be $26.05 to $66.57. (14)

This is a small price to pay for reduced benzene health risk. (14)

Payments would be even lower if no-interest loans are made available. (14)

We accept the decision to set the threshold at 20,000 gallons, as this will still bring the

vast majority of GDFs _within Oregon's benchmark for benzene. (_14)

Response e

•

•

The NESHAP requires GDFs whose monthly throughput is 100,000 gallons or more to

install stage 1 vapor controls. DEQ originally proposed that GDFs whose monthly

throughput is greater than 20,000 gallons per month also install stage 1 vapor

controls.

DEQ acknowledges that Oregonians in many parts of the state are exposed to benzene

and other pollutants above levels deemed to be protective ofpublic health, but is also

concerned about the economic hardship that the proposed rules would impose on small

rural stations.

New DEQ estimates show that GDFs with monthly throughputs of greater than 40,000

gallons of gasoline will pose offsite impacts that exceed a level protective ofpublic

health, even afterfull implementation of the new federal requirements. Therefore, DEQ

is revising its proposed stage 1 threshold from 20,000 gallons per month to an average

monthly throughput of 40, 000 gallons (480, 000 gallons per year). DEQ has also made

the proposed rules more stringent by starting the top offban on July 1, 2009 and

requiring any installed stage 1 vapor controls be operated and maintained.

25. Timing of Stage . Giving stations dispensing 20,000-40,000 gallons per month five years to install stage

I Vapor 1 vapor controls is far too long. (11, 14)

Controls . Require all gasoline stations to comply within 2 years, regardless of size. (11, 14)

• Oregonians are unnecessarily exposed to a higher cancer risk because of Oregon's

reluctance to take a leadership role. (11)

• Why should Oregonians wait for relief when the solution is simple and the economic

hardship to businesses and consumers so minimal? (14)

• The potential health risks to workers and nearby neighbors are significant. (14)

• By implementing the rules sooner, benzene risk will be minimized. (11)

The timetable leaves Oregonians with unnecessary, drawn-out exposures to high levels

of benzene and other hazardous pollutants. (14)

• The need to reduce benzene levels in Oregon is far too great to delay action. (14)

• Florida gave GDFs 2 112 years to install the equipment. (14)

• The timelines adopted by other states show that DEQ's lengthy implementation

schedule lacks a sound technical or economic basis. (14)

Response j .

__.

DEQ originally proposed that GDFs whose monthly throughput is 40,000 gallons per

month or more install stage 1 vapor controls by no later than January 10, 2011; and

GDFs whose monthly throughput is between 20,000 gallons and 40,000 gallons install

stage 1 vapor controls by no later than January 10, 2014.

• DEQ agrees that stage 1 vapor controls should happen sooner than January 10, 2014.

DEQ however is revising the applicability threshold for stage 1 vapor controls from

20,000 gallons per month to an average of 40,000 gallons per month (480, 000 gallons

per year). The new proposal would require all GDFs with annual throughputs of

480,000 gallons of gasoline or more to install stage 1 vapor controls by January 10,

2011. The new proposal would also require the operation and maintenance of any

installed stage 1 vapor controls.

26. Effectiveness • Stage 1 controls are not meant to control specific substances. 13

Item L 000197
Attachment 7.2, pg. 14

Agenda Item L: Rule Adoption: Adoption of Federal Air Quality Regulations

December 11-12, 2008 EQC Meeting

Attachment B

Page 14 of 15

of Stage 1 •

Vapor Controls

•

•

•

Stating that stage 1 controls control specific substances when they don't, will increase

the possibility of law suits against station operators. (13)

Effective. benzene reduction must happen at the refinery level to be effective. (13)

California was forced to reformulate its gasoline after passage of the Clean Air Act.

Benzene levels in the air dropped dramatically as a result. (13)

The only way to detect benzene in the air in Sprague River is to place the probe

directly into the tanks of cars and trucks. (13)

Response •

•

DEQ recognizes that stage 1 vapor controls provide varying levels of control for

specific substances and that effective benzene reduction can happen at the refinery

level, but is also concerned about health risks from exposure. to benzene that will occur

even after refiners are required to lower the benzene content of gasoline

Stage I vapor controls are meant to capture gasoline vapors that are displaced during

the filling of storage tanks and return those vapors to the tanker truck. The vapors are

then either burned or condensed at a bulk plant or bulk terminal. Gasoline vapors

contain many volatile compounds including benzene.

Benzene reductions will be made at the refinery level and will have a major impact on

the ambient benzene levels in Oregon. Ambient levels of benzene in Oregon will

however still exceed Oregon 's ambient benchmark for benzene. Additional reductions

are needed to reduce levels of benzene in Oregon.

27. Funding of •

Stage 1 Vapor .

Controls +

•

•

•

•

+

•

•

ExxonMobil will not pay for any of my equipment replacements. (13)

Why doesn't the state pay for retrofits for smaller stations? (10)

The state may be able to receive a bulk discount from the equipment suppliers. (10)

Minneapolis is paying for retrofits. (10)

The cost for stage I vapor controls could be obtained from the state in the form of nointerest loans. (11, 14)

Impose a small tax to the very profitable bulk terminals to fund vapor controls. (11, 14)

DEQ should rewrite the bulk plant permit to reflect that these plants are receiving

vapor captured from stage 1 equipment and the corresponding savings. (14)

The amount of fuel recovered by condensing the vapor should be reported to DEQ and

an appropriate fee added per gallon retrieved. (14)

The money could go to DEQ or the state's general fund, and then dispersed in the form

of no-interest loans to small GDFs to offset compliance costs. (14)

There could be an extension of the deadline only if additional time is needed to

implement the fees and no-interest loan program. (14)

Response •

•

DEQ is looking for but has not yet identified any public funding sources to assist in the

installation of stage I vapor controls. Though raising the threshold requiring controls

would reduce the number of facilities that would need funding assistance, DEQ will

continue to explore funding sources.

DEQ does not have the authority to charge a fee or a tax on recovered product. There

also does not appear to be any funding available to pay for retrofits at smaller stations.

28. Testing of 1 •

Stage 1 Vapor

Controls •

•

We have some concerns about waiving the testing requirements for GDFs with average

monthly throughput of 20,000-100,000 gallons. (14)

The lower throughput GDFs may still need to be tested periodically over the life of the

equipment if there is a significant likelihood of equipment malfunction. (14)

Perhaps the time between testing could be proportionally based on the total throughput

of the GDF. (14)

Response • The NESHAP requires GDFs whose monthly throughput is 100,000 gallons or more to

Item L 000198
Attachment 7.2, pg. 15

Agenda Item L: Rule Adoption: Adoption of Federal Air Quality Regulations

December 11 . 12, 2008 EQC Meeting

Attachment B

Fare 15 of 15

test their stage 1 vapor controls when the controls are installed and every three years

thereafter. DEQ is proposing that GDFs whose monthly throughput is between 40,000

gallons (480, 000 gallons per year) and 100,000 gallons to test stage 1 vapor controls

only when the controls are installed.

• With the current financial pressures affecting smaller GDFs, it would be a significant

burden to require them to retest the tank every three years. Instead, smaller GDFs

would be required to have stage 1 vapor controls inspected on an annual basis to

discover potential or actual equipment failures.

29. Moderate vs.

High Volume

. I would like to know what is considered a "moderate or high volume" gasoline

dispensing facility. (6)

Response . DEQ uses "high volume" to mean 100,000 gallons per month, which is the federal

threshold for stage 1 vapor controls, and moderate volume facilities to mean 20,000 to

100,000 gallons per month.

30. Stage 2 Vapor

Recovery

. I purchased used fuel dispensers in California with stage 2 controls at reasonable

prices. Not everyone did or was able to. (13)

Response . This rulemaking does not propose any new stage 2 control requirements. Stage 2

controls are currently required in Clackamas, Multnomah, and Washington Counties .

at GDFs whose annual throughput exceed 600,000 gallons. At some point in the future,

onboard vapor recovery will make stage 2 controls obsolete.

List of People Submitting Comments (by Commenter Number}

Number Name Organization Submit date

1 Jeanne Henderson 0711612008

2 Lisanne Pearcy, PhD 07/28/2008

3 Brent DeHart Salem Aviation Fueling 0711712008

4 Greg Jackson Jackson Oil 07/24/2008

5 Mitch Gilbert 0811212008

6 Bill Dean River Point Farms 08/1512008

7 Maye Thompson, RN, PhD Oregon Physicians for Social Responsibility 08/18/2008

8 David Qualman Conrad Forest Products 08/19/2008

9 Bob Edwards I 08/21/2008

10 Paul Romaine 1 Oregon Petroleum Association 08/21/2008

11 !John Tarantino 08/24/2008

12 I Sandra Gaylord Carson Oil 08/25/2008

13 i Thomas A Darling 08/26/2008

14 Lisa Arkin/Dona Hippert I Oregon Toxics Alliance 08/2612008

15 Aubrey Baldwin Pacific Environmental Advocacy Center 0812612008

16 Arya Behbehani-Divers Portland General Electric 0812612008

17 Russel B Johnson Covanta Marion 08/26/2008

118 , John Ledger/Kristan Associated Oregon Industries/Oregon

Mitchell I Refuse & Recycling Association

08/26/2008

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