# 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 20094

### 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 4.2Attachment 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 000002Attachment 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 

### off causes 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 Stora g e 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 000004Attachment 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 000005Attachment 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 000006Attachment 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 000007Attachment 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 mercuryemissions 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 000008Attachment 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.025i

### 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. 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 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. 11-8-07Attachment 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-manufacturingAttachment 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 ManufacturingAttachment 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 yearAttachment 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) 

### Fee Class:':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 ofAttachment 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

2 4x40-232-98;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: 

## of balance system requirements in sect ion (` of t hi s

(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 in o 

### ' P r 

### i--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 gasoline into 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 40 CFR 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.

„^ y rl

. . `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 

## 1 18 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) "



### (22 7 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 Enforce 

## a 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, publicor 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. (353 s 9) "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 es and hoses that create a closed s stem .ie a 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) 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 throu • h out exceeds 120 000 allons the owner or o . erator must corn l 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 becornes 

### subject 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 

### ilo more 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, see 40 CFR 63.14). B Use alternative test methods and..rocedures in accordance with the alternative test method requirements in 40 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 in 40 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, see 40 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. The owner or operator must com.l with the test in_ re uirements s.ecified in section 1 of this rule. c 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 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 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 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. 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 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 340-244-0242 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+rsrst ceri 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 t P 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 to 40 CFR part 63 subpart CCCCCC shows which parts of the General Provisions apply to the owner or o pe rator.Attachment 3.2, pg. 27

TABLE 4f OAR 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_o w 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 P V 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

, of water_ (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_pro c.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 comply with 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 connection w. 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

## 1Attachment 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.025Attachment 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) 229-6412Secretary 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 ACTIONThe expected result of this rule is the maintenance of Oregon's delegation of the faders .: t g ekise of low mercury coal andlor mercury controls in Oregon, and the reduction of benzene emissions in Oregon.



### 1 .L1 Authorized Signer 

### L- 

### P.tzv WA 1 ! 

## IsletPrinted name 

### e bear 

## 2q1 2008
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 publicationAFFIDAVIT 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 AMENDMENTSThe Oregon Department of Environmental Quality is proposing that the Environmental Quality Commission adopt standards that Implement new NationalEmission 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 dept

lions, and In some cases is more stringent than federal requirements-to protect public health. These amendments; II adopted, will besubmitted 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

. onthe 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 811 SW SIXTH AVE. PORTLAND, OR 97204

# DJC P.O. Box 10127 Portland, Oregon 97296-0127 (603).226-1311
FAX (503) 226-1315
Public Nolice FAX (503) 222.5358

See Remittance Address Below 1 11 41 1! INVOICE NO,
10695458

TERMS. OF PAYMENT
10

SALES REPRESENTATIVE

OREGON DEQ Attn: DEE DAVID, BUS. OFFICE 811 SW SIXTH AVE. PORTLAND OR 97204 

# Received

JUL 24 2008

DE0-Accounting LEGALS

BILLED ACCOUNT NO.
50006957

INVOICE DATE

. 07/15/08 Page 1 of 1

ORDER NUMBER START

DATE END

DATE - DAY^

RUN DESCRIPTION GROSS: AMOUNT SALES DISC. NET AMOUNT

DUE 10133089 07/14108 07/14/08 1 NOTICE OF PUBLIC HEARING ON PROPOSED AIR QUALITY RULE AMENDMENTS - OREGON DEQ 109.25 0.00 109.25

BILL DATE
07/15/08 ACCOUNT NO.

50006957 INVOICE NO.

10695458

AMEX Acct. Name: OREGON DEQ

M M Y Y D REMITTANCE DETACH & RETURN THIS PORTION WITH YOUR PAYMENT



# n n q U q En

EXP. DATE 

# DJC

CARD NUMBER SOS 12-2012, PO Box BB, Minneapolis, MN 5548&2612 (603) 226-1311, FAX (603) 220-1315 Public NeOce FAX (503) 222-5350

BILL MY ACCOUNT $ CUSTOMER SIGNATURE AMOUNT ENCLOSED $

# Pe Oregonian

EST. sso i Practically Indispensable.

1320 

### SW Broadtvay, Portland, OR 97201-3499

Affidavit of Publication

I, 

# / d

e//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:

7/^ 5' ,+F "I OFFICIAL SEAL f J ALAN COLLI

UBLIC ld5 NOTARY P 4J ^ (j OREGON ( 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

D EQ-Accounting 

### Received
Jul 17 21U

DEQ-Accountin gRr

## 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, 2008I

### 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 000203Attachment 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 000185Attachment 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 "of this rule" are equally accurate. For this rulemaking, a stylistic choice was made to use "of this 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 000186Attachment 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 of 0.020 mg/dscm.

• During permit renewal concerns were raised by the public that the levels established by the permit were significantly higher than necessary. However, DEQ sets permit levels

Item L 000187Attachment 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 of startup, 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 0.60 pounds 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 000188Attachment 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 000189Attachment 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 000190Attachment 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 000191Attachment 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 000192Attachment 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 000193Attachment 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 000194Attachment 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 000195Attachment 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 of 20,000 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 000196Attachment 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

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+
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 after full 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 off ban 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 000197Attachment 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

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•

• 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 000198Attachment 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

Item L 000199