Oregon Department of Environmental Quality

April 15-16, 2015

Oregon Environmental Quality Commission Meeting

Rulemaking Action Item: J

Grants Pass Carbon Monoxide and Particulate Matter (PM10)

Limited Maintenance Plans

DEQ recommendation to the EQC

DEQ recommends that the Environmental Quality Commission: 

1. Approve the two limited maintenance plans for Grants Pass in Attachment A as part of 

chapter 340 of the Oregon Administrative Rules;

2. Adopt the proposed amendment to OAR 340-200-0040 in Attachment A to incorporate the 

proposed rules into the Oregon Clean Air Act State Implementation Plan; and

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

approval.

Overview

Short summary

DEQ proposes rules to update Oregon maintenance plans designed to protect air quality in Grants 

Pass for carbon monoxide (CO) and for particulate matter 10 microns and smaller (PM10) as 

required by federal law. Because CO and PM10 pollution levels have been very low and the area is 

unlikely to exceed health standards for these pollutants in the future, the area qualifies for and 

DEQ proposes limited maintenance plans that streamline requirements and eliminate costly 

computer modeling requirements for transportation conformity analysis. The new CO and PM10

Limited Maintenance Plans do not establish any new emission reduction strategies. Both plans 

ensure that Grants Pass will continue to comply with federal air quality health standards.

DEQ proposes the Oregon Environmental Quality Commission approve the proposed rules for 

incorporation into the Oregon Clean Air Act State Implementation Plan and submittal to the U. S. 

Environmental Protection Agency for its approval under the federal Clean Air Act.

Brief history

Under the Clean Air Act, EPA sets air quality standards to protect public health for six 

common air pollutants. EPA established the CO standard at 35 parts per million for a 1-hour 

average and at 9 parts per million for an 8-hour average. EPA established the PM10 standard at 

150 micrograms per cubic meter for a 24-hour average and at 50 micrograms per cubic meter 

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for an annual average. The Clean Air Act requires communities that exceed these health standards 

to adopt plans to achieve and maintain good air quality. 

In the mid to late 1980s, Grants Pass exceeded the 8-hour CO standard and the 24-hour PM10

standard. The area was designated as a nonattainment area for CO in 1985 and for PM10 in 1990. 

In response, EQC adopted attainment plans with CO and PM10 control measures to reduce 

pollution levels within the urban growth boundary to meet the federal standards. This resulted in 

significant improvement in air quality and Grants Pass was reclassified to attainment for CO in 

2000 and PM10 in 2002. EQC adopted the first maintenance plans for Grants Pass at that time. 

EPA requires Oregon to establish second maintenance plans for the Grants Pass area to ensure 

compliance with the standards through 2025. EPA provides an option for states to adopt 

simplified plans, called limited maintenance plans, for low-risk areas like Grants Pass. Over the 

last 25 years, Grants Pass’s CO and PM10 levels have steadily declined and the area is unlikely to 

exceed these standards again. In addition to the PM10 standard, EPA adopted the PM2.5 standard 

in 1997, for smaller or fine particulate matter 2.5 microns in size or less, since the smaller 

inhalable particles have been found to pose a greater health risk. Due to the successful PM10

pollution reduction strategies, Grants Pass has never violated the PM2.5 standard. 

Regulated parties

The proposed rules primarily affect the Middle Rogue Metropolitan Planning Organization. In the 

Grants Pass area, this organization is subject to federal transportation conformity rules. Each time a

new regional transportation plan or transportation improvement program is adopted, the conformity 

rules require a demonstration that emissions won’t exceed the transportation emissions budget in the 

maintenance plans. Under the proposed limited maintenance plans, the emissions budget is no longer 

needed. DEQ estimates this will save the organization approximately $30,000 for each new plan or 

improvement program, by not having to use computer modeling for the conformity analysis.

In addition, because the proposed rules would simplify transportation conformity requirements, this 

will benefit DEQ, ODOT, and the federal Highway Administration by greatly reducing staff time 

related to the transportation conformity review process.

The proposed amendment of OAR 340-200-0040 to incorporate the limited maintenance plans into 

State of Oregon Clean Air Act Implementation Plan does not change the regulated parties.

Request for other options

During the public comment period, DEQ requested public comment on whether to consider other 

options for achieving the rules’ substantive goals while reducing the rules’ negative economic impact 

on business. DEQ received no comments on this rulemaking.

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Statement of need

What need would the proposed rule address?

The current CO and PM10 maintenance plans for Grants Pass expire in 2015. EPA requires Oregon to 

establish a second set of maintenance plans to ensure Grants Pass continues to comply with the CO 

and PM10 federal health standards through 2025. 

Grants Pass’s CO and PM10 levels have steadily declined and the area is unlikely to exceed these 

standards again. EPA guidance allows states the option to adopt a simplified or “limited” 

maintenance plan if air quality levels are below a certain threshold and there is little risk of a future 

health standard violation. Grants Pass’s CO and PM10 levels are well below this threshold. Under 

the limited maintenance plan option, neither new control measures nor costly computer modeling for 

transportation conformity analysis is required.

How would the proposed rule address the need? 

The proposed rules update the existing maintenance plans for Grants Pass to maintain good air 

quality for the next 10 years. If adopted, this second set of maintenance plans would be the final 

maintenance plans required for Grants Pass under the Clean Air Act. 

Under the limited maintenance plan option, the second maintenance plan must continue existing 

control measures from the first maintenance plan. The exception to this is the transportation 

conformity requirements, which apply to new transportation projects. On-road motor vehicles are a 

major source of CO emissions in Grants Pass and a smaller but significant source of PM10. However, 

there have been few new transportation projects in Grants Pass and DEQ expects limited growth in 

these emissions. Under the limited maintenance plan option, Grants Pass can meet the transportation 

conformity requirements without the need for a motor vehicle emissions budget (or cap) on emissions

and without the need to conduct a regional emissions analysis, which avoids the cost of conducting 

computer modeling. 

The CO limited maintenance plan would continue CO control strategies including federal emission 

standards for new motor vehicles; Best Available Control Technology requirements for large, new or 

expanding industrial CO sources; and the residential woodstove curtailment program, which also 

reduces CO in addition to PM10. Since the majority of CO emissions in Grants Pass are from motor 

vehicles, federal standards for new motor vehicles have been the most effective measure in reducing 

CO levels. 

The PM10 limited maintenance plan would continue PM10 control strategies, including a residential 

woodstove curtailment program; a ban on use of uncertified woodstoves; Best Available Control 

Technology requirements for large new or expanding industrial sources; outdoor open burning 

restrictions; and prescribed forestry burning smoke management protection. 

Both plans would continue to comply with federal health standards. With EPA’s approval, DEQ 

discontinued direct monitoring of CO and PM10 in Grants Pass in 2008 and 2005 respectively, due to 

very low pollution levels and budget considerations. Under the proposed PM10 limited maintenance 

plan, DEQ could use an existing PM2.5 monitor in Grants Pass to calculate PM10 levels and verify 

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continued attainment with the standard. For CO, no other direct monitoring exists in Grants Pass, so 

DEQ would determine continued attainment by tracking CO emission trends (mostly from on-road 

mobile sources) and confirming that these emissions are continuing to decline.

Both plans must have contingency measures that DEQ would implement in the unlikely event that 

current trends do not continue to show improved air quality. The first part of the contingency plans 

addresses the need to prevent a violation of the health standard. To prevent a violation, both plans 

identify a process by which direct CO and PM10 monitoring would be re-established. The second part 

addresses action needed if a violation occurs. Should a violation of the federal health standard occur 

while conducting monitoring, both plans identify a range of corrective actions DEQ would take. 

How will DEQ know the rule addressed the need?

If EQC approves the proposed rules, DEQ would submit the rules including the maintenance plans to 

EPA to be incorporated into the State Implementation Plan required under the Clean Air Act. DEQ 

would know the need was addressed if EPA approves the rules and if CO and PM10 levels in Grants 

Pass continue to meet federal health standards.

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Rules affected, authorities, supporting documents

Lead division Program or activity

Environmental Solutions Air Quality Planning

Chapter 340 action

Amend OAR 340-200-0040

Statutory authority 

ORS 468.020 and 468A.025 

Statute implemented

ORS 468A.025 and 468A.035

Documents relied on for rulemaking ORS 183.335(2)(b)(C)

Document title Document location

EPA guidance document: 2001 Wegman 

Memo: Limited Maintenance Plan Option for 

Moderate PM10 Nonattainment Areas

www.epa.gov/ttn/caaa/t1/memoranda/lmp_

final.pdf

EPA guidance document: 1995 Paisie Memo: 

Limited Maintenance Plan Option for 

Nonclassifiable CO Nonattainment Areas

http://www.epa.gov/ttn/naaqs/aqmguide/co

llection/cp2/bakup/19951006_paisie_lmp_

nonclassifiable_co_naa.pdf

Grants Pass PM10 Maintenance Plan, October 

4, 2002

Available by contacting DEQ 

Headquarters, 811 SW 6th Ave., Portland, 

OR 97204

Grants Pass CO Maintenance Plan, September 

13, 1999

Available by contacting DEQ 

Headquarters, 811 SW 6th Ave., Portland, 

OR 97204

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Fee Analysis 

This rulemaking does not involve fees.

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Statement of fiscal and economic impact ORS 183.335 (2)(b)(E)

Fiscal and Economic Impact

The proposed rules, including the proposed limited maintenance plans, have slight positive fiscal and 

economic impacts. The limited maintenance plans would streamline existing requirements, require no 

new control measures and eliminate the need for costly computer modeling for the transportation 

conformity analysis. For Grants Pass to qualify for these limited plans, DEQ’s proposal would carryover control measures from existing plans that expire in 2015 to the proposed plans.

Statement of Cost of Compliance

1. State and federal agencies

The proposed rules would not affect state or federal agencies directly. Because the proposed rules 

would greatly simplify transportation conformity requirements, the rules would have a slight positive 

fiscal and economic effect on DEQ indirectly in the form of reduced staff time spent evaluating 

Grants Pass’s compliance with the limited maintenance plans. 

2. Local governments

The proposed rules would have some positive effect on local government in the form of cost savings. 

Under the federal Clean Air Act and federal transportation act, metropolitan planning organizations 

in maintenance areas are subject to transportation conformity rules. The organization for the Grants 

Pass area is the Middle Rogue Metropolitan Planning Organization. 

Each time a new Regional Transportation Plan or Transportation Improvement Program is adopted, 

the conformity rules require the organization to demonstrate that emissions won’t exceed the 

transportation emissions budgets in the maintenance plans. The organization demonstrates this by 

preparing a regional emissions analysis which combines computer modeling of the highway system 

and computer modeling of emission characteristics of the area’s cars and trucks. One benefit of the 

proposed limited maintenance plans is that an emissions budget is no longer needed and the 

organization can demonstrate conformity without a regional analysis. DEQ estimates that not having 

to conduct this analysis would save the organization approximately $30,000. 

3. Public

The proposed rules would not affect the public directly. Air pollution creates public health problems

that can have negative economic impacts. The proposed rules could create positive economic 

benefits and improvements in public health and welfare by ensuring Grants Pass continues to comply 

with the CO and PM10 federal health standards.

4. Large businesses - businesses with more than 50 employees

The proposed rules would not affect large businesses directly because the rules would not create new 

requirements for businesses.

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DEQ anticipates CO or PM10 pollution levels would continue to decline under the proposed limited 

maintenance plans. However, the proposed rules could have some negative fiscal or economic effect 

on large businesses indirectly if CO or PM10 pollution levels were to increase and the Grants Pass 

area were to violate the federal health standards. 

Both limited maintenance plans contain contingency plans in the unlikely event of a violation, which 

would trigger more stringent requirements for new and expanding industry. A violation would 

trigger DEQ having to reinstate the New Source Review requirement for Lowest Achievable 

Emission Rate and emission offsets for new and expanding industrial sources pursuant to Oregon 

Administrative Rule Chapter 340 Division 224. Based on recent trends, DEQ anticipates very little 

industrial growth in the Grants Pass area, and any new or expanding emission sources that are large 

businesses may not be large enough trigger the New Source Review requirements. At this time, DEQ 

cannot accurately estimate the possible fiscal and economic impacts should the contingency plan be 

triggered, because such impacts are inherently case-specific and DEQ lacks the necessary data to 

provide an estimate that would not be speculative.

5. Small businesses – businesses with 50 or fewer employees ORS 183.336

The proposed rules would not affect small businesses directly because the rules would not create 

new requirements for small businesses. The proposed rules would likely have no effect on small 

business indirectly. As noted for large businesses, both limited maintenance plans contain 

contingency plans in the unlikely event that the Grants Pass area violates the CO or PM10 standards. 

A violation would trigger more stringent New Source Review requirements for new and expanding 

industry. However, small businesses are unlikely to have large enough emission quantities to trigger 

the requirements.

a. Estimated number of small 

businesses and types of 

businesses and industries 

with small businesses subject 

to proposed rule.

None

b. Projected reporting, 

recordkeeping and other 

administrative activities, 

including costs of 

professional services, 

required for small businesses 

to comply with the proposed 

rule.

None

c. Projected equipment, supplies, 

labor and increased 

administration required for 

small businesses to comply 

with the proposed rule.

None

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d. Describe how DEQ involved 

small businesses in 

developing this proposed 

rule.

DEQ did not involve small businesses in 

developing the proposed rules because the 

rules would likely not affect small 

businesses.

Documents relied on for fiscal and economic impact

Document title Document location

EPA guidance document: 2001 Wegman 

Memo: Limited Maintenance Plan Option for 

Moderate PM10 Nonattainment Areas

www.epa.gov/ttn/caaa/t1/memoranda/lmp_

final.pdf

EPA guidance document: 1995 Paisie Memo: 

Limited Maintenance Plan Option for 

Nonclassifiable CO Nonattainment Areas

http://www.epa.gov/ttn/naaqs/aqmguide/co

llection/cp2/bakup/19951006_paisie_lmp_

nonclassifiable_co_naa.pdf

Grants Pass PM10 Maintenance Plan, October 

4, 2002

Available by contacting DEQ 

Headquarters, 811 SW 6th Ave., Portland, 

OR 97204

Grants Pass CO Maintenance Plan, September 

13, 1999

Available by contacting DEQ 

Headquarters, 811 SW 6th Ave., Portland, 

OR 97204

Advisory committee

DEQ did not convene an advisory committee because the proposed rules would not create new 

control measures, they will only extend the applicability of current control measures for another ten 

years as required under the federal Clean Air Act. 

DEQ consulted with the Middle Rogue Metropolitan Planning Organization Technical Advisory 

Committee during development of the limited maintenance plans to confirm that regional emissions 

analyses and modeling would no longer be needed to demonstrate conformity and to discuss the 

schedule for this rulemaking.

Housing cost 

To comply with ORS 183.534, DEQ determined the proposed rules would have no effect on the 

development cost of a 6,000-square-foot parcel and construction of a 1,200-square-foot detached, 

single-family dwelling on that parcel. The proposed rules affect the Middle Rogue Metropolitan 

Planning Organization and are not related to housing costs.

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Federal relationship

"It is the policy of this state that agencies shall seek to retain and promote the unique identity of 

Oregon by considering local conditions when an agency adopts policies and rules. However, since 

there are many federal laws and regulations that apply to activities that are also regulated by the 

state, it is also the policy of this state that agencies attempt to adopt rules that correspond with 

equivalent federal laws and rules..." ORS 183.332

Relationship to federal requirements 

This section complies with OAR 340-011-0029 and ORS 468A.327 to clearly identify the relationship 

between the proposed rules and applicable federal requirements. 

The proposed rules are not “different from or in addition to federal requirements” and impose 

stringency equivalent to federal requirements.

The proposed rules would ensure that DEQ continues to comply with federal requirements in the 

Clean Air Act. The proposed limited maintenance plans must demonstrate that the Grants Pass area 

will continue to meet federal CO and PM10 standards for the next 10 years. EPA policy allows areas 

that are at low risk of exceeding these standards the option of submitting a simplified limited 

maintenance plan. The limited maintenance plans provide streamlined requirements, no new control 

measures and eliminate the need for costly computer modeling for the transportation conformity 

analysis. 

What alternatives did DEQ consider if any? 

Since this action is necessary to comply with the requirements of the Clean Air Act, DEQ has not 

considered other options for this proposal. 

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Land use 

“It is the (Environmental Quality) Commission's policy to coordinate the Department's (DEQ’s) 

programs, rules and actions that affect land use with local acknowledged plans to the fullest degree 

possible.” OAR 340-018-0010

Land-use considerations

To determine whether the proposed rules involve programs or actions that are considered a land-use 

action, DEQ considered:

• Statewide planning goals for specific references. Section III, subsection 2 of the DEQ State 

Agency Coordination Program document identifies the following statewide goal relating to 

DEQ's authority:

Goal Title

5 Open Spaces, Scenic and Historic Areas, and Natural Resources

6 Air, Water and Land Resources Quality

11 Public Facilities and Services

16 Estuarial Resources

9 Ocean Resources

• OAR 340-018-0030 for EQC rules on land-use coordination. Division 18 requires DEQ to 

determine whether proposed rules will significantly affect land use. If yes, how DEQ will:

o Comply with statewide land-use goals, and 

o Ensure compatibility with acknowledged comprehensive plans, which DEQ most 

commonly achieves by requiring a Land Use Compatibility Statement.

• DEQ’s mandate to protect public health and safety and the environment.

• Whether DEQ is the primary authority responsible for land-use programs or actions in the 

proposed rules.

• Present or future land uses identified in acknowledged comprehensive plans.

Determination

DEQ determined that the proposed rules do not affect existing rules, programs or activities 

considered land-use programs and actions in OAR 340-018-0030 or in the DEQ State Agency 

Coordination Program.

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Stakeholder and public involvement

 

Advisory committee

DEQ did not convene an advisory committee because the proposed rules would not create new 

control measures, they will only extend the applicability of current control measures for another ten 

years as required under the federal Clean Air Act. 

DEQ consulted with the Middle Rogue Metropolitan Planning Organization Technical Advisory 

Committee during development of the limited maintenance plans to confirm that regional emissions 

analyses and modeling would no longer be needed to demonstrate conformity and to discuss the 

schedule for this rulemaking.

EQC prior involvement

DEQ shares general rulemaking information with EQC through the monthly Director’s Report. DEQ 

did not present additional information specific to this proposed rule revision. 

Public notice

DEQ provided notice of the Notice of Proposed Rulemaking with Hearing for this rulemaking as 

follows: 

DEQ submitted notice to Secretary of State for publication in the January 2015 Oregon Bulletin

On Dec. 16, 2014, DEQ provided notice to: 

• EPA

• The public through its Rulemaking Web 

page http://www.oregon.gov/deq/RulesandRegulations/Pages/2014/RGPLMP.aspx

• Approximately 7,848 interested parties on the agency’s Rulemaking list and 

Medford-Ashland Air Quality list through GovDelivery.

• The following key legislators required under ORS 183.335:

o Paul Holvey, Chair, House Energy and Environment Committee

o Michael Dembrow, Chair, Senate Environment and Natural Resources 

Committee

o Representative Wally Hicks

o Senator Herman Baertschiger Jr.

• Two principle contributors to the limited maintenance plans from the Middle Rogue 

Metropolitan Planning Organization

Staff Report page | 12
DEQ published legal notices in the following newspapers:

 Grants Pass Daily Courier - Dec. 16, 2014

 The Oregonian - Dec. 17, 2014

 The Mail Tribune (Medford) - Dec. 16, 2014

Close of public comment period

The comment period closed Monday, Jan. 26, 2015 at 5 p.m.

Public hearings and comment

DEQ held one public hearing. There were three attendees, but no testimony was provided. 

DEQ received no comments on this rulemaking. 

Presiding Officers’ Record

Hearing 1

Date January 22, 2015

Time Convened 6 p.m. 

Time adjourned 6:32 p.m.

Address Grants Pass City Council Chambers

101 NW 'A' Street

City Grants Pass, OR 97526

Presiding officer Brian Finneran

Staff presenter Brian Finneran

The presiding officer convened the hearing and summarized procedures for the hearing 

including notification that DEQ was recording the hearing. The presiding officer asked people 

who wanted to present verbal comments to complete, sign and submit a registration form or, if 

attending by Web conference to use the “chat” feature to indicate their intent to present 

comments.

According to Oregon Administrative Rule 137-001-0030, the presiding officer summarized the 

content of the notice given under Oregon Revised Statute 183.335. 

DEQ added all names, addresses and affiliations provided on the registration form and attendee 

list to DEQ interested parties list for this rule. 

Staff Report page | 13
 

Summary of comments and DEQ responses

 

DEQ did not change the proposed rules in response to comments because no comments were 

received.

Staff Report page | 14
Implementation 

 

Notification

If approved, the proposed rules would become effective upon filing with Secretary of 

State, approximately April 16, 2015.

DEQ will submit the rules to the U.S. Environmental Protection Agency as a revision to the 

Oregon State Implementation Plan.

The Middle Rogue Metropolitan Planning Organization is the primary affected party, and

is currently updating its regional transportation plan. If the limited maintenance plans are

approved, DEQ will notify the Middle Rogue Metropolitan Planning Organization of this 

action, and provide periodic updates on the EPA submittal and approval process. Final 

EPA approval of the plans will mean the organization no longer needs to conduct 

computer modeling for the update to the regional transportation plan, which is a 

considerable cost savings. 

DEQ will also notify ODOT, Federal Highways, and other DEQ staff in the region around 

Grants Pass on the adoption and general provisions in these new maintenance plans and 

the new transportation conformity requirements. 

Compliance and enforcement

These maintenance plans contain provisions for verifying how compliance with air quality standards 

will be maintained. Additionally, both plans contain a contingency plan with additional measures 

that will apply if air quality worsens and standards are violated in the future. This is a continuation 

from the prior maintenance plans, and as such do not represent any changes in implementation. 

Measuring, sampling, monitoring and reporting

These maintenance plans contain provisions for measuring, monitoring, and reporting air quality in 

Grants Pass to be carried out by DEQ. This is a continuation from the prior maintenance plans, and 

as such do not require any changes in implementation. 

Systems

These maintenance plans do not require changes to any DEQ system.

Training 

These maintenance plans do not require changes or any additional training for DEQ staff.

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Five-year review ORS 183.405

Requirement ORS 183.405

Oregon law requires DEQ to review new rules within five years after EQC adopts them. 

The law also exempts some rules from review. DEQ reviewed the rules this report 

describes and determined whether they are subject to the five-year review. DEQ based its 

analysis on the law in effect when EQC adopted these rules. 

Exemption

The Administrative Procedures Act exempts all of the proposed rules from the five-year

review because the proposed rules would amend or repeal an existing rule. ORS 

183.405(4). 

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