Department of Environmental Quality regon 811 SW Sixth Avenue 

Portland, OR 97204-1390 Theodore R. Kulongoski, Governor 

503-229-5696 Received TTY: 503-229-6993

May 14, 2007 

Office OfAir, Waste 

And Toxics 

Elin 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: Portland-Salem Ozone Maintenance 

Plan Submittal. 

Dear Ms. Miller: 

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

Oregon's 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. Three copies of the Portland-Vancouver 

and Salem-Keizer Ozone Maintenance Plan and supporting rule amendments are submitted for 

your review. This plan demonstrates that the Portland-Vancouver AQMA and Salem-Keizer 

SKATS will maintain compliance with the eight-hour ozone standard through 2015. Oregon 

requests that EPA remove the previous obligation to prepare a second Portland-Vancouver onehour ozone maintenance plan. Oregon also requests that EPA replace the Portland-Vancouver 

AQMA one-hour contingency plan with the submitted Portland-Vancouver AQMA eight-hour 

contingency plan. 

The Environmental Quality Commission adopted the revisions to the SIP under OAR 340-200­

0040 on February 22, 2007. DEQ submits these revisions to EPA as part of the SIP and 

pursuant to 40 CFR 51.104. 

I certify that public notices were published in newspapers of general circulation on June 1, 2006 

and in the Secretary of State's Oregon Bulletin on June 1, 2006. I further certify that a public 

hearing was held on July 11, 2006 in Portland, Oregon and on July 11, 2006 in Salem, Oregon. 

The notices included a statement that adoption of the rules would revise the SIP. 

Thank you for your assistance with these revisions to Oregon's SIP. Staff contacts for this 

submittal are Marianne Fitzgerald, Office of Air Quality Planning, at 503-229-5946, and Gary 

Beyer, SIP Coordinator, at 503-229-6457. 

Sincerely, 

/fc/,,-----c 

Dick Pedersen 

Deputy Director 

cc w/attachments: Dana Warn, EPA, Region 10 (3 complete sets plus 2 additional copies of 

revised rules, attachment 3) 

cc wlo attachments: Gary Beyer, DEQ AQ SIP Coordinator 

Andrew Ginsburg, DEQ AQ Administrator 

Marianne Fitzgerald, DEQ AQ Planning 

Paul Koprowski, EPA Oregon Operations office 
Attachments: 

Attachment 1: Evidence that the state has adopted the revision. 

1.1 	 Staff Report, Agenda Item D of the February 22-23. 2007 EQC Meeting. 

See also 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 8 of Staff Report, Agenda 

Item D). 

Attachment 3: Provisions Submitted for Approval. 

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

Effective April 12, 2007. 

3.2 	 Ambient Air Quality Standards and PSD Increments: OAR 340-202. 

Effective April 12, 2007. 

3.3 	 Designation of Air Quality Areas: OAR 340-204. Effective April 12, 2007. 

3.4 	 Major New Source Review: OAR 340-224. Effective April 12, 2007. 

3.5 	 Air Quality Analysis Requirements: OAR 340-225. Effective April 12, 

2007. 

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

April 12, 2007. 

3.7 	 Rules Applicable to the Portland Area: OAR 340-242. Effective April 12, 

2007. 

3.8 	 SIP Volume 2 Section 4.50 Portland & Salem Ozone Maintenance Plan 

with Appendices Effective April 12. 2007. 

3.9 	 SIP Volume 3 Section 4.50 SIP Emission Inventory for Ozone. 

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

4.1 	 Public notice in the Secretary of State's Oregon Bulletin, June 1, 2006. 

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

12,2007. 

Attachment 5: Evidence of adequate public notice. 

5.1 	 Affidavit of Publication: The Oregonian, Notice of June 1, 2006 

publication. 

5.2 	 Affidavit of Publication: The Salem Statesman Journal, Notice of June 1. 

2006 publication. 

Attachment 6: Certification of public hearing. 

See paragraph three 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 dated July 20, 2006. 

7.2 	 Compilation of Public Comment. 
Attachment 1 

Evidence the State has 


Adopted the Revision 


1.1 	 Staff Report, Agenda Item D of the February 22-23,2007 EQC 

Meeting. 

See also Certificate and Order for Filing Permanent Administrative Rules in 

Attachment 4.2. 
Attachment 1.1. pg, 1 

State ofOregon 

Department ofEnvironmental Quality Memorandum 

Date: 

To: 

From: 

Subject: 

Wbytbisis 

Important 

Department 

Recommendation 

Background 

and Need for 

Rulemaking 

February 5, 2007 

Environmental Quality Commissio~ I. J'f~ 

.stephanie Halloc'14 Director 

f . ~ 

Agenda Item D, Rule Adoption: Portland-Vancouver and Salem Ozone 

Maintenance Plan and Supporting Rule Revisions 

February 22-23, 2007 EQC Meeting 

The federal Clean Air Act requires that each state adopt and submit to the U.s. 


Environmental Protection Agency (EPA) a plan which provides for 


implementation, maintenance and enforcement of any new air quality standard 


within three years ofthe date EPA designates an area in attainment or 


nonattainment with the standard. In 1997, EPA revised the ozone air quality 


standard, changing from a standard based on peak I-hour average values to a 


standard based on peak 8-hour average values. On June 15, 2004, EPA 


designated new 8-hour ozone attainment and nonattainment areas. The Portland 


and Salem areas were historically nonattainment under the I-hour standard. Both 


areas are designated as attainment areas under the new 8-hour standard, but 


require maintenance plans that ensure on-going compliance with the new ozone 


standard. 


To address the new 8-hour ozone standard, the Department has drafted an update 


to the existing Portland-Vancouver Ozone Maintenance Plan, and has developed 


an ozone maintenance plan for the Salem-Keizer area These plans, together with 


their supporting rule revisions, ensure that ozone levels in the Portland and Salem 


areas will remain in compliance with federal health standards. 


The Department ofEnvironmental Quality (DEQ) recommends that the EQC 

adopt the Portland-Vancouver Air Quality Maintenance Area (Oregon portion) 

and Salem-Keizer Area Ozone Maintenance Plan, and amend and repeal rules 

that implement control strategies described in the plan, as presented in 

Attachment A, as an amendment to the State Clean Air Act Implementation 

Plan (SIP). 

Some ofthe information in this staffreport was contained in the Informational 


Item on the Portland-Vancouver and Salem Ozone Maintenance Plan, Agenda 


Item D, December 14-15,2006 EQC meeting. 


What is Ozone 

GOl 
Attachment '1.1, pg. 2 • 

Agenda Item D, Rule Adoption: Portland-Vancouver and Salem Ozone Maintenance Plan and 

Supporting Rule Revisions 

February 22-23, 2007 EQC Meeting 

Page 2 ofl5 

Ozone forms naturally in the upper atmosphere surrounding the Earth and 

protects life from the damaging ultraviolet light emitted by the sun. At ground 

level, the same ozone is harmful to living things; it is an air pollutant that 

damages human health, vegetation, and many man-made materials. Groundlevel ozone is the key ingredient ofurban smog. 

Ozone affects your health when it is inhaled. Even at low concentrations, 

ozone can cause respiratory problems and aggravated asthma in children, 

people with respiratory diseases, and even otherwise healthy adults who are 

working or exercising outside on smoggy days. Children are most at risk from 

exposure to ozone because they are often active outside during the summer and 

their lungs are not fully developed. Long-term exposure to ozone may lead to 

premature aging ofthe lungs and chronic respiratory illnesses. 

Ozone is not emitted directly into the air. Instead it is created when gases called 

oxides of nitrogen (NOx) and volatile organic compounds (VOCs) react in 

sunlight and heat. Emissions ofNOx are produced when fossil fuels are burned 

in motor vehicle engines, power plants, and industrial boilers. Emissions of 

VOC are produced by thousands ofsources including automobile emissions, 

gasoline vapors, chemical solvents, and C<?nsumer products like paint. 

( Ozone is mainly a daytime problem during the summer months because more 

sunlight and higher temperatures enhance ozone formation. Ozone levels in the 

air vary depending on weather and the amount of ozone forming emissions 

present. In mornings, ozone levels are generally low, so the air is healthy. As 

each hour ofthe day passes, pollution from human activities, such as industry, 

cars and trucks, and natural sources like trees and plants, are injected into the 

atmosphere. These emissions are then subjected to movement and mixing, 

which are influenced by weather characteristics such as wind speed, sunlight 

and temperature. During periods of high temperatures and low wind speeds, 

pollution can build up to unhealthy levels. This buildup ofunhealthy ozone 

levels can persist over a several day period ofpoor ventilation and hot 

temperatures. 

Federal Air Quality Health Standard for Ozone 

Ozone is one ofseveral pollutants regulated under the Clean Air Act for which 

the Environmental Protection Agency sets national health-based air quality 

standards. Other pollutants regulated under the Act include carbon monoxide, 

nitrogen dioxide, sulfer dioxide, lead, and particulate matter (PM1 0 and 

PM2.5). 

From 1979 through 1997, the federal standard for ozone was 0.12 parts per 

million (ppm), based on maximum i-hour average ozone values. In 1997, after 
Attachment 1.1, pg. 3 

Agenda Item D, Ru1e Adoption: Portland-Vancouver and Salem Ozone Maintenance Plan and 

Supporting Ru1e Revisions 

February 22-23,2007 EQC Meeting 

Page 3 of 15 

reviewing the latest medical research on ozone health effects, EP A changed the 

federal ozone standard to 0.08 ppm, based on maximum 8-hour average values. 

EP A also changed the formula for determining a violation, which is now based 

on a three-year average ofthe annual fourth highest daily maximum 8-hour 

average concentration. 

Three areas in Oregon (portland, Salem and Medford) formerly violated the old 

I-hour standard. DEQ developed "control strategies" (administrative rule 

requirements that reduce emissions from new or existing pollution sources, or 

programs that encourage people to reduce pollution) to achieve compliance 

with standard and the on-going maintenance ofhealthy air quality. Medford 

achieved compliance with the standard prior to the Clean Air Act Amendments 

of 1990, but Portland and Salem did not. Now, all communities in Oregon are 

in compliance with the new 8-hour ozone standard, as well as the former I-hour 

ozone standard. 

Portland and Salem Air Quality Plans and Strategies for Ozone 

Portland was formally designated as a nonattainment area for ozone on March 

3, 1978. The first Portland-Vancouver Ozone Attainment Plan was adopted by 

the Environmental Quality Commission on Ju1y 16, 1982 and subsequently 

approved by EPA. Important control strategies in the 1982 plan included: 

• 	 A motor vehicle inspection and maintenance program for the Portland 


area (1975); 


• 	 Motor vehicle trip reduction and traffic flow improvements and 


measures; and 


• 	 VOC controls for existing major industrial sources (1978). 

Area source controls on gasoline stations were adopted in 1991 to capture the 

vapors (VOC's) expelled from underground storage tanks when being refilled 

by tank trucks. 

Under the 1990 Clean Air Act Amendments, the Portland-Vancouver Air 

Quality Maintenance Area was designated a "marginal" nonattainment area. 

Ozone Maintenance Plans for Portland and Vancouver were adopted by the 

Commission on Ju1y 12, 1996 and the Board ofDirectors ofthe Southwest Air 

Pollution Control Authority of Southwest Washington on March 19, 1996, 

respectively. Both plans relied on existing strategies and several new 

strategies. The 1996 Portland Ozone Maintenance Plan added the following 

new strategies: 

• 	 An enhanced vehicle inspection testing method; 

• 	 Emission standards (Reasonably Available Control Technology) for 

existing major VOC point sources (individual industrial facilities having 

an air quality permit); 

003 
Attachment -1.1, pg. 4­

- ! 

Agenda Item D, Rule Adoption: Portland-Vancouver and Salem Ozone Maintenance Plan and 

Supporting Rule Revisions 

February 22-23, 2007 EQC Meeting 

Page 4 of 15 ( 

• 	 Employee Commute Option Program Rules and Voluntary Parking 

Ratio Rules to reduce motor vehicle trips; 

• 	 Barge Loading Rules that control VOCs when gasoline from refineries 

that is barged to Portland is unloaded at the bulk terminal; 

• 	 Stage II vapor recovery systems that capture gasoline vapors that would 

otherwise be vented during individual vehicle refueling; 

• 	 Aerosol Paint Rules that lower VOC content from spray paints sold in 

the Portland area; 

• 	 Motor Vehicle Refinishing Rules that require low-emitting painting 

methods at autobody shops; and 

• 	 Public education and outreach that encourages people to voluntarily 

reduce emissions, such as not mowing lawns and driving less on Clean 

Air Action Days (now called Air Pollution Advisories). 

DEQ and the Southwest Clean Air Agency are now updating the 1996 

Portland-Vancouver Ozone Maintenance Plans. DEQ and SWCAA 

coordinated closely on the data collection, modeling, maintenance analysis and 

strategies that support the maintenance plans. The SWCAA Board adopted the 

Vancouver Ozone Maintenance Plan on November 2, 2006. 

DEQ is proposing to update the following strategies in the Portland-Vancouver 

Ozone Maintenance Plan (see Key Issues #2 and 3, pages 11-12): 

• 	 Employee Commute Option Program, and 

• 	 Industrial Emission Management Program rules. 

DEQ is also developing the first Ozone Maintenance Plan for the Salem-Keizer 

area. The Salem-Keizer area was formally designated as nonattainment for 

ozone on March 3, 1978, and designated "nonattainmentlinsufficient data" in 

1991. Because Salem is downwind from Portland, strategies that reduce 

emissions in Portland also benefit Salem's air quality. Salem's strategies to 

reduce VOC emissions in the Salem-Keizer air quality area include: 

• 	 Emission standards for existing industrial sources ofVOC; 

• 	 New Source Review Program for new and expanding major industrial 

facilities; and 

• 	 An approved maintenance plan for Portland. 

DEQ is proposing to amend the technology requirements for new and 

expanding major industrial sources in Salem (see Key Issue #1, page 9) to be 

consistent with the proposed maintenance designation and the requirements in 

Portland. 

The attached plan and proposed rule revisions demonstrate that existing rules 

and strategies will maintain compliance with the 8-hour ozone standard in ( 

004 
Attachment 1.1. pg. 5 

Agenda Item D, Rule Adoption: Portland-Vancouver and Salem Ozone Maintenance Plan and 

Supporting Rule Revisions 

February 22-23, 2007 EQC Meeting 

Page 5 of 15 

Portland and Salem through at least 2015. The 2006 plans are designed to 

address the new 8-hour ozone standard rather than the previous standard based 

on I-hour averages. 

Air Quality 	 As the first step in the maintenance planning process, DEQ developed an 

Analysis 	 "emissions inventory" ofthe total releases of all pollutants that affect the air 

pollution problem that the plan addresses. The main pollutants that contribute 

to ozone formation are volatile organic compounds and oxides of nitrogen. 

Total airshed emissions are estimated by adding up individual emission 

estimates for a wide variety ofdifferent pollution source types like cars, 

commercial and industrial activity, construction, and personal activities like 

lawn mowing or painting. 

The emission sources for Portland and Salem are summarized in Tables I and 2 

below, and described in more detail in the Maintenance Plan (Attachment A-I) 

and in the December2006 EQC Informational Item D. "On-road'mobile 

sources include emissions from cars, trucks, motorcycles and buses. "Nonroat!' mobile sources include emissions from airplanes, locomotives, farm and 

construction equipment, lawn and garden equipment, power boats and outboard 

motors. "Poinf' sources are facilities that have an air quality permit, including 

manufacturing facilities, power plants and industrial or commercial buildings 

with large boilers. "Area" sources include a wide array ofbusiness and citizen 

activities, such as print shops and gas stations, household products such as 

house paints and consumer solvents, and open burning. Pollution from 

individual activities may be small but the collective impact in a community can 

be substantial. "Biogenic" sources are those found in nature, including trees 

that produce naturally occurring hydrocarbons (terpenes) that contribute to 

ozone formation. 

Table 1 

Portland Area 2002 VOC and NOx Attainment Inventory 

Portland Area 


2002 VOC Attainment Inventory 


NON-ROAD 

11% 

46% 

Portland Area 


2002 NO. Attainment Inventory 


POINT AREA BIOGENIC 

4% 1%/ 1% 

NON-ROAD 

35% 

ON-ROA 

56% 

[OAREA .BIOGENICCiNC~ROAD DON-ROAD .~ ~~~-'=:===---~=:.=:::===:::::=;::::::::::::;;;;;=--::::....--===-~-~.

Table 2 

005 

Attachment :L1, pg. 6, I 

Agenda Item D, Rule Adoption: Portland-Vancouver and Salem Ozone Maintenance Plan and 

Supporting Rule Revisions 

February 22-23, 2007 EQC Meeting 

Page 6 of15 ( 

Salem Area 2002 VOC and NOx Attainment Inventory 

Salem Area 

2002 voe Attainment Inventory 

CN-ROAO FONT AREA 

13% 0% 15% 

NONROAO 

5% 

Salem Area 


2002 NO. Attainment Inventory 


~rA:BO~ 

IO<ROAO 

ON-ROA ~== 
 27% 

61% 

I§• 810GB'«: ONONROAO 0 CN-ROAO • FONT I 

DEQ then analyzed population projections, expected increases in motor vehicle 

travel, and economic trends to project emissions for 2015, following EPA 

guidance for developing maintenance plans. 

In order to evaluate future compliance with the ozone standard, DEQ used a 

sophisticated computer model to estimate future ozone concentrations in the 

Portland and Salem areas. The model combines the forecast offuture 

emissions, worse-case summertime meteorology and atmospheric chemistry to 

estimate peak ozone levels in 2015. 

The future forecast, described in more detail in the maintenance demonstration 

section ofthe Maintenance Plan (Attachment A-I) and the figure below, shows 

that ozone levels will remain well below health standards, with a significant 

margin ofsafety through at least 2015. 

The Carus monitoring site is located near Canby, Oregon and is located in an 

area downwind of Portland that has traditionally recorded the highest ozone 

concentrations in the region. The model predicts that all pollution monitoring 

sites in the area will remain below the standard. 

006 

Attachment 1.1, pg. 7 

Agenda Item D, Rule Adoption: Portland-Vancouver and Salem Ozone Maintenance Plan and 

Supporting Rule Revisions 

February 22-23,2007 EQC Meeting 

Page 70fl5 

Portland-Vancouver and Salem 8-hour Ozone Trend 


(1997-2005) and 2015 projection 


3 year averages of the 4th highest dally ozone value 


0.100 ..---~--------------~---, 

.11c0zm0 !ppm) 3 _"'___oIf4lll1ll..­

0.080 ._"' 

Ozone MonitOring Sites .... 	 ,·-x. ". 

0.070 

0.000 

0.D50 

1997 1998 1999 2000 2001 2002 2003 2004 2005 2015 

v.... 

Effect ofthe The following is a summary ofthe proposed rule revisions within Oregon 

Plan and Rule Administrative Rules, Chapter 340: 

Revisions 

• 	 Division 200: Adopt the maintenance plan and rules as a revision ofthe 

State ofOregon Clean Air Act Implementation Plan. 

• 	 Division 242: Revise rules for Employee Commute Options to reduce 

administrative burdens while maintaining alternative commute 

programs at larger employers. Changes include focusing the program 

on employers with 100 or more employees, reducing the survey 

requirements from annual to every two years, and other changes that 

modify program requirements; 

• 	 Division 242: Retain existing rules for New Source Review in the 

Portland area, and update the Industrial Emission Management Program 

to manage growth of new and expanding major industrial sources and 

ensure that the ozone standard will not be violated; 

• 	 Division 204: Designate the Salem-Keizer Area Transportation Study 

air quality area an ozone maintenance area under state rules; 

• 	 Division 224 and 225: Revise rules for New Source Review in the 

Salem area, to replace the emission control technology requirements for 

new and expanding major industrial sources in nonattainment areas with 

007 
1 

Attachment 1,1, pg, 8 ' 

Agenda Item D, Rule Adoption: Portland-Vancouver and Salem Ozone Maintenance Plan and 

Supporting Rule Revisions 

February 22-23, 2007 EQC Meeting 

Page 8 of 15 

- , 


Commission 

emission control technology requirements for maintenance areas; 

• 	 Division 202: Amend DEQ rules to reflect the new federal ozone air 


quality standard, from the old I-hour standard (which EPA has revoked) 


to the current federal 8-hour standard of 0.08 ppm, three year average; 


and 


• 	 Make housekeeping changes to correct the spelling ofthe Salem-Keizer 


Area Transportation Study air quality area 


The proposed plan and rule revisions will have the following effects on public 

health and economic development: 

Public Health: The Maintenance Plan ensures continued compliance with the 

federal air quality health standard for ozone for at least the next ten years. 

Though not directly addressed in this proposal, many ofthe strategies in the 

plan also reduce emissions ofair toxics and greenhouse gases. 

New and Expanding Industry in Portland: Proposed revisions to the PortlandArea Industrial Emission Management Program continue the use of an emission 

growth allowance in lieu ofoffsets as part of a program to manage growth of 

new and expanding major industrial sources and ensure that the ozone standard 

will not be violated. See Key Issue #1 (page 9) for further discussion. 

New and Expanding Industry in Salem: The proposed rule revisions would 

change the emission control technology requirements for new and expanding 

major industrial sources in Salem from Lowest Available Control Technology 

to Best Available Control Technology. This change would benefit new or 

expanding major industries seeking to locate in the Salem area while at the 

same time ensuring a very high level of emission control and protection of 

public health. The revised requirements are consistent with what is required in 

the Portland-Vancouver area See Key Issue #3 (page 12) for further 

discussion. 

Large Businesses in Portland: Proposed revisions to the Portland-area 

Employee Commute Options (ECO) rule would reduce the number of 

employers affected by the ECO program and focus efforts on the larger 

employers that achieve most ofthe emission reductions through the ECO 

program. Employers with 50-99 employees would no longer be covered by the 

rule. The rule change would also streamline reporting requirements for the 

remaining ECO-affected employers (employers with 100 or more employees). 

See Key Issue #4 (page 13) for further discussion. 

i 

The Commission has authority to take this action under ORS Chapter 468, \ 

008 
Attachment 1.1, P9. 9 

Agenda Item D, Rule Adoption: Portland-Vancouver and Salem Ozone Maintenance Plan and 

Supporting Rule Revisions 

February 22-23, 2007 EQC Meeting 

Page 9 of15 

Authority 

Stakeholder 

Involvement 

Public 

Comment 

Key Issues 

Chapter 468A, 468.020 and 468A.025. 

DEQ discussed the proposed changes to the Portland-Vancouver Ozone 

Maintenance Plan and Employee Commute Option Program rules with the three 

transportation committees ofMetro, the formal metropolitan planning 

organization for the Portland area. On May 25, 2006, Metro adopted Resolution 

06-3695 in support ofthe plan and rules as proposed. The resolution was 

endorsed by the Joint Policy Advisory Committee on Transportation. JPACT is 

comprised of elected public officials from the greater metropolitan area of 

Portland including SW Washington. DEQ, TriMet, the Port ofPortland, and the 

Oregon Dept. ofTransportation are also on the committee. 

On March 14,2006, DEQ discussed elements ofthe proposed Salem-Keizer 

maintenance plan with the Salem-Keizer Area Transportation Study Area 

Technical Committee, the metropolitan planning organization for the SalemKeizer area. Most ofthe discussion focused on the proposed changes for new and 

expanding major industrial sources. 

Two informational meetings were held in Portland on April 21 and May 4, 2006. 

DEQ notified interested citizens and the media, and nine people attended the 

meetings. Two news stories appeared in the Statesman-Journal and one news 

story appeared in a suburban section ofthe Oregonian. 

A public comment period extended from June 1 to July 14, 2006 and included 

public hearings in Portland and Salem on July 11,2006. A summary of 

comments received and DEQ response, including proposed changes, are 

described in Key Issues (below); Attachment B, Summary of Public Comment 

and Agency Response; and Attachment C, Presiding Officer's Report on Public 

Hearings. A detailed summary ofplan and rule changes that were made to the 

drafts that were available for public comment is available upon request (items 

#4 and #5). 

Key Issue 1. Planning for Major Industrial Growth 

There are two ways DEQ could choose to plan for the possibility of future 


emission increases from new major industrial sources in the Portland area. One 


way (Option 1) would be to wait until a business proposes to construct a new 


major facility, like a new factory or power plant, and at that time attempt to 


evaluate the effect ofthe proposed facility on future ozone levels and 


compliance with ozone standards. That analysis would be done under the New 


Source Review (NSR) process. For ozone however, this NSR analysis presents 


unique difficulties. The atmospheric chemistry that drives ozone formation is 


extremely complex. It is technically very difficult, labor intensive, and 


expensive to try to model the effect on ozone compliance from a single new 


00$ 
i 

Attachment 1:1, pg.10 

Agenda Item D, Rule Adoption: Portland-Vancouver and Salem Ozone Maintenance Plan and 

Supporting Rule Revisions 

February 22-23, 2007 EQC Meeting 

Page 10 of 15 

\ 

source. This complexity would make the air quality permitting process longer, 

less certain, more expensive, and more cumbersome for both the facility owner 

and the Department. 

A second approach (Option 2) is to anticipate the possibility offuture emissions 

growth from new industry during the maintenance planning process, and build 

into the plan "up-front" a pre-analyzed growth allowance dedicated for future 

industrial growth. This allowance serves as a limit on industrial emissions at a 

level that will not cause ozone violations. Since this growth allowance may 

never be fully used. the result is a very conservative and protective ozone 

analysis for the airshed. Evaluating this growth potential up-front, rather that 

waiting until new facilities are proposed, provides a more comprehensive 

evaluation offuture ozone concentrations, and pre-analyzing these emissions in 

the maintenance plan helps streamline the industrial permitting process and 

lessens future workload on Department staff. 

For the past ten years the Portland Ozone Maintenance Plan has managed 

industrial growth by using Option 2 described above. In 1996, the Portland 

Ozone Maintenance Plan established a growth allowance of 1056 tons of 

volatile organic compounds (VOC) and 438 tons of nitrogen oxides (NOx) that 

could be used by new and expanding major industry. This growth allowance 

was built into the ozone compliance analysis and maintenance demonstration 

from the start as a conservative planning assumption. Over the last ten years, 

new and modified major sources have used only about 30% ofthe existing 

growth allowance. 

As part ofthe 2006 Portland Ozone Maintenance Plan update, DEQ proposes to 

continue the use ofthe growth allowance approach as a way to plan for, 

manage, and limit future emission increases from new major industry. In 

response to Comment #4 and Comment #6 (Attachment B, Summary ofPublic 

Comments and Agency Response), DEQ is proposing to add additional 

safeguards and restrict even further the allocation ofthe growth allowance. The 

growth allowance management process proposed by the Department is 

described in the Maintenance Plan (Attachment A-I) and summarized as 

follows: 

• 	 The plan would establish, and EPA would authorize, a maximum 

growth limit of5,000 tons ofVOC and 5,000 tons ofNOx• 

• 	 DEQ would only authorize the use ofthe first 1,000 tons of each 

pollutant for new and expanding major industrial sources, and hold 

4,000 tons in reserve. 

• 	 Ifthe first 1,000 ton increment is consumed, DEQ would conduct an 

analysis to determine whether a second 1,000 ton increment could be 

released. Further allocation ofgrowth increments would be subject to 

an air quality analysis and public comment period. DEQ would not ( 

010 

Attachment 1.1, pg. 11 

Agenda Item D, Rule Adoption: Portland-Vancouver and Salem Ozone Maintenance Plan and 

Supporting Rule Revisions 

February 22-23, 2007 EQC Meeting 

Page 11 of15 

release an additional increment ifits analysis showed conditions had 

changed since adoption ofthe maintenance plan and that such an action 

would jeopardize compliance with ozone standards. 

• 	 Any source that requests more than 1,000 tons of either VOC or NOx 

would need to apply to the EQC for approval. If a source requests 1,000 

or more tons of either VOC or NOx, DEQ will evaluate ozone levels and 

expected trends to determine whether the proposed facility poses any 

risk to maintaining compliance with the ozone standard prior to making 

a recommendation to the EQC regarding the source application. 

This careful management ofthe growth allowance will accommodate economic 

development and growth in the Portland area while still protecting air qUality. 

Actual point source emissions represent only 2% ofthe 2002 VOC emissions 

inventory and 4% ofthe 2002 NOx emissions inventory. To be conservative, 

the maintenance demonstration includes maximum permitted levels for existing 

industry and the proposed new growth allowance. Even under this scenario, 

future ozone levels are expected to remain well below standards. 

Key Issue 2. Stringency of Portland and Salem New Source Review 

Program 

To understand the full context ofmanaging emissions growth from new major 

sources it is important to understand that the state New Source Review 

requirements used in the Portland Ozone Maintenance Area are significantly 

more protective than what EPA would require for Portland under the federal 

New Source Review Program. DEQ'sNSR program for ozone differs from the 

federal program in several important ways. 

• 	 The federal NSR program only applies to major sources with emissions 

of250 tons or more VOC or NOx (or select sources with 100 tons or 

more). DEQ's NSR program for ozone applies to all major sources with 

emissions of40 tons or more. DEQ's NSR program captures, tracks, 

and manages emission increases from a much wider universe of sources 

. than the federal program, providing closer scrutiny of airshed impacts. 

• 	 Under the federal NSR program, there is no explicit limit on industrial 

emissions growth and emission offsets are not required. Under the 

Portland NSR program, the growth allowance establishes explicit 

growth limits, a strict process for allocation, and requires the use of 

emission offsets ifthe growth allowance cannot be used. 

• 	 Under the federal NSR program for the new 8-hour ozone standard, 

there is no requirement for new emission sources outside ofthe Portland 

area to assess their impacts on the Portland area. Under the Portland 

011 
Attachment 1:1, pg.12' 

Agenda Item D, Rule Adoption: Portland-Vancouver and Salem Ozone Maintenance Plan and 

Supporting Rule Revisions 

February 22-23, 2007 EQC Meeting 

Page 12 of 15 ( 

'., 

NSR program, new and modified major sources within 100 km ofthe 

maintenance area boundary must obtain an allocation ofthe growth 

allowance or obtain an offset. 

Both the federal and state NSR programs require the installation ofBest 

Available Control Technology (BACT). The use ofBACT in Salem's NSR 

program is discussed below in Key Issue #3. 

During the public comment period, Comment #8 (Attachment B, Summary of 

Public Comments and Agency Response) recommended that DEQ defer to the 

minimum federal NSR programfor attainment areas. DEQ recommends 

keeping Portland and Salem's more protective maintenance area NSR 

requirements in place. 

Key Issue 3. Requirements For New And Expanding Major Industrial 

Sources In Salem 

Because Salem is still designated a "nonattainment area" for ozone under state 

rules, it is subject to the most strict regulatory requirements for new and 

expanding major industrial sources. The proposed rule would change Salem's 

state designation from a "nonattainment" to a "maintenance" area, and bring 

requirements for new and expanding major sources in line with requirements ( 

for Portland and other parts ofthe state. 

The effect ofthis proposed change in Salem's designation is reflected in the 

control technology required of new or expanding major facilities in the Salem 

area (it does not affect requirements for existing facilities). New or expanding 

major sources would no longer be required to install "Lowest Achievable 

Emission Rate" (LAER) technology, but would instead be required to install 

"Best Available Control Technology" (BACT). LAER is typically required in 

areas violating air quality standards and BACT is typically used in maintenance 

and attainment areas where air quality is in compliance with standards. 

The main distinction between LAER and BACT is the consideration of cost and 

other factors in determining the level ofcontroL A LAER determination does 

not consider cost, even if a technology would be uniquely expensive to apply 

because it was developed for another process or would require special 

modifications to work at a specific location. A LAER determination also does 

not consider increases in energy use or other emissions (such as greenhouse 

gases) caused by the control equipment. A BACT detemrination begins with 

LAER technology, but may be less stringent ifthe applicant demonstrates that 

there are unique costs or ifthere are significant energy or environmental 

impacts from LAER in a given case. BACT is still a very high level of control 

and in some cases may be as stringent as LAER. , :: 

012 
Attachment 1.1, pg. 13 

Agenda Item D, Rule Adoption: Portland-Vancouver and Salem Ozone Maintenance Plan and 

Supporting Rule Revisions 

February 22-23, 2007 EQC Meeting 

Page 13 of15 

Several citizens commented that they did not want DEQ to relax industrial 

standards from LAER to BACT in Salem (see Comment #1, Attachment B, 

Summary ofPublic Comments and Agency Response). The Salem Chamber of 

Commerce and others (Comment #7) commented that BACT is a very 

conservative requirement and Salem's new source review requirements should 

be the same as required in Portland. DEQ considered all ofthese comments 

along with historical air quality data and trends. The Salem area has never 

violated the 8-hour ozone standard, has not violated the I-hour standard in over 

ten years, and is not at risk of violating the 8-hour ozone standard. Salem's 

transition from "nonattainment" to "maintenance" status and the transition from 

LAER to BACT is consistent with transitions made by other cities in Oregon 

and across the nation. Therefore, DEQ recommends BACT as an appropriate 

level of emission control for new and expanding major industry in Salem. 

Key Issue 4. Employee Commute Options Program Rules 

The 1996 Portland Ozone Maintenance Plan includes the Employee Commute 

Option (ECO) Program rules that require Portland-area employers with more 

than 50 employees to implement programs that would reduce single occupancy 

commute travel by 10%. Affected employers must provide incentives for 

employee use of alternative commute options, and employers must survey 

employees annually to measure progress toward meeting the goal. DEQ 

analyzed survey data and proposed to modify the program to more effectively 

focus on larger employers that produce the most significant amount of emission 

reduction benefit, and to streamline reporting requirements. Requirements 

would continue to apply to employers with more than 100 employees. Local 

governments in the Portland area were concerned that the proposed changes 

could have impacts on their efforts to reduce single occupancy vehicle travel 

among smaller businesses within their communities. These concerns were 

discussed with the three transportation committees ofMetro, the metropolitan 

planning organization for the Portland Metro area All ofthe issues were 

resolved before the beginning ofthe public comment period. DEQ received 

only one comment on the proposed changes to the ECO rules, and that 

comment was in support ofthe proposal (see Comment #9, Attachment B, 

Summary ofPublic Comments and Agency Response). 

The Department ofLand Conservation and Development (DLCD) commented 

that DEQ should not remove the ECO program from the list of programs 

affecting land use in OAR Chapter 340, Division 18, as was proposed in the 

rulemaking notice (see Comment #5, Attachment B, Summary of Public 

Comments and Agency Response). DEQ's Land Use Evaluation Statement 

focused on ECO's classification as a transportation control measure under 

federal rules, and did not mention that local governments rely on the ECO 

013 

Attachment 1:1, pg. 14 

Agenda Item D, Rule Adoption: Portland-Vancouver and Salem Ozone Maintenance Plan and 

Supporting Rule Revisions 

February 22-23, 2007 EQC Meeting 

Page 140f15 

Next Steps 

program to meet their requirements under state rules (Goal 12 and the 

Transportation Planning Rule). DEQ revised the proposal and no longer 

recommends a revision to Division 18, and will continue to recognize ECO as a 

program affecting state land use and transportation planning goals. 

Key Issue 5. Contingency Plan 

The maintenance plans include a contingency process to respond to any 

unforeseen changes in ozone levels not anticipated by the maintenance analysis. 

DEQ will track ozone levels in the Portland and Salem areas over the long term. 

Ifpeak ozone levels exceed early warning action levels established in the plans, 

DEQ will reevaluate growth and other assumptions in the plan, identify any 

need for further emission reduction strategies, and modify the plan as needed to 

protect public health. During this time DEQ can suspend use ofthe industrial 

growth allowance and impose the emission offset requirement for new major 

industrial sources. 

Should the EQC elect to adopt the maintenance plan and rules, DEQ will 

submit them to EPA for approval as an amendment ofthe Oregon State Clean 

Air Act Implementation Plan. The maintenance plan is required to be 

submitted to EPA by June 15,2007. ( 

The rule revisions which have the most direct impact on affected employers are 

changes to the Employee Commute Option Rules. DEQ intends to notify 

employers ofthe adopted rule revisions and provide any necessary technical 

assistance to help employers understand the rule revisions. DEQ will use 

existing stafffor this effort. The Rule Implementation Plan is available upon 

request (item #6). 

DEQ is tracking legal issues which may result in a need to amend the 

maintenance plan in the future. This maintenance plan was prepared under the 

guidance ofEPA's 2004 Final Rule to Implement the 8-Hour Ozone NAAQSPhase 1 (69 FR 23951. 40 CFR 51.900). On December 22, 2006 the U.S. Court 

ofAppeals released a decision to "vacate the 2004 rule and remand the matter 

to EPA" (South Coast Air Quality Management District v. EPA). In particular, 

the court ruled that certain requirements adopted for the I-hour ozone standard, 

such as conformity and contingency plans, must be retained to prevent 

backsliding. Depending on how EPA interprets the court's decision in new 

guidance and rules, this maintenance plan may need to be amended. In the 

inte~, the existing I-hour ozone maintenance plan requirements will remain 

federally enforceable until EPA approves the new 8-hour ozone maintenance 

plan. 

014 

Attachment 1.1. pg. 15 

Agenda Item D, Rule Adoption: Portland-Vancouver and Salem Ozone Maintenance Plan and 

Supporting Rule Revisions 

February 22-23, 2007 EQC Meeting 

Page 15 of 15 

Attachments 

Available Upon 

Request 

Approved: 

A. Proposed Revisions to the State Implementation Plan 

1. 	 Portland-Vancouver AQMA and Salem-Keizer Area Ozone 

Maintenance Plan 

2. 	 Supporting Rule Revisions {redlined version} 

B. Summary of Public Comments and Agency Responses 

C. Presiding Officer's Report on Public Hearings 

D. Relationship to Federal Requirements Questions 

E. Statement ofNeed and Fiscal and Economic Impact 

F. Land Use Evaluation Statement 

1. 	 Legal Notice of Hearing 

2. 	 Cover Memorandum from Public Notice 

3. 	 Written Comments Received 

4. 	 Portland-Vancouver AQMA and Salem-Keizer Area Ozone 

Maintenance Plan (redlined version) 

5. 	 Summ.ary of Plan and Rule Changes 

6. 	 Rule Implementation Plan 

7. 	 Appendices to the Ozone Maintenance Plan 

Section: 

Division: risl:v j 

Report Prepared By: 	 Marianne Fitzgerald 

David Collier 

Phone: (503) 229-5946 

Email: fitzgerald.marianne(a),deq ,sjate.oLus 

DIS 


Attachment 2 

Evidence that the State 

has the Necessary Legal Authority 

See Attachment 1.1 "Commission Authority" (page 8 of Staff Report, 

Agenda Item D). 

Attachment 3 


Provisions Submitted for Approval 


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

Effective April 12, 2007. 

3.2 	 Ambient Air Quality Standards and PSD Increments: OAR 340-202. 

Effective April 12, 2007. 

3.3 	 Designation of Air Quality Areas: OAR 340-204. Effective April 12, 

2007. 

3.4 	 Major New Source Review: OAR 340-224. Effective April 12, 2007. 

3.5 	 Air Quality Analysis Requirements: OAR 340-225. Effective April 

12,2007. 

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

Effective April 12, 2007. 

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

April 12, 2007. 

3.8 	 SIP Volume 3 Section 4.50 Portland & Salem Ozone Maintenance 

Plan with Appendices Effective April 12,2007. 

Attachment 3.1, pg. 1 

OREGON ADMINISTRATIVE RULES 

Chapter 340, Division 200 - Department of Environmental Quality 

DEPARTMENT OF ENVIRONMENTAL QUALITY 


DIVISION 200 


GENERAL AIR POLLUTION 


PROCEDURES AND DEFINITIONS 

340-200-0025 

Abbreviations and Acronyms 

(1) "ACDP" means Air Contaminant Discharge Pennit. 

(2) "ACT" means Federal Clean Air Act. 

(3) "AE" means Actual Emissions. 

(4) "AICPA" means Association ofIndependent Certified Public Accountants. 

(5) "AQCR" means Air Quality Control Region. 

(6) "AQMA" means Air Quality Maintenance Area. 

(7) "ASME" means American Society ofMechanical Engineers. 

(8) "ASTM" means American Society for Testing & Materials. 

(9) "ATETP" means Automotive Technician Emission Training Program. 

(10) "A WD" means all wheel drive. 

(11) "BACT" means Best Available Control Technology. 

(12) "BLS" means black liquor solids. 

(13) "CAA" means Clean Air Act. 

(14) "CARli means control area responsible party. 

(15) "CBD" means central business district. 

(16) IICCTMP" means Central City Transportation Management Plan. 

(17) "CEM" means continuous emissions monitoring. 

(18) "CEMS" means continuous emission monitoring system. 

Rules oftrus Division as last Posted by the SOS 05/0112007 
Attachment 3.1, pg. 2 

OREGON ADMINISTRATIVE RULES 

Chapter 340, Division 200 - Department ofEnvironmental Quality 

(19) "CERCLA" means Comprehensive Environmental Response Compensation and Liability Act. 

(20) "CFRMS" means continuous flow rate monitoring system. 

(21) "CFR" means Code of Federal Regulations. 

(22) "CMS" means continuous monitoring system. 

(23) "CO" means carbon monoxide. 

(24) "COMS" means continuous opacity monitoring system. 

(25) "CPMS" means continuous parameter monitoring system. 

(26) "DEQ" means Department ofEnvironmental Quality. 

(27) "DOD" means Department of Defense. 

(28) "EA" means environmental assessment. 

(29) "ECO" means employee commute options. 

(30) "EEAF" means emissions estimate adjustment factor. 

(31) "EF" means emission factor. 

(32) "EOR" means exhaust gas re-circulation. 

(33) "EIS" means Environmental Impact Statement 

(34) "EPA" means Environmental Protection Agency. 

(35) "EQC" means Environmental Quality Commission. 

(36) "ESP" means electrostatic precipitator. 

(37) "FCAA" means Federal Clean Air Act. 

(38) "FHWA" means Federal Highway Administration. 

(39) "FONSI" means finding of no significant impact. 

(40) "FTA" means Federal Transit Administration. 

(41) "OFA" means gross floor area. 

Rules oftms Division as last Posted by the SOS 0510112007 
Attachment 3.1, pg. 3 

OREGON ADMINISTRATIVE RULES 

Chapter 340, Division 200 - Department of Environmental Quality 

(42) "GLA" means gross leasable area. 

(43) "GPM" means grams per mile. 

(44) "GRlDSCF" means grains per dry standard cubit foot 

(45) "GTBA" means grade tertiary butyl alcohoL 

(46) "GVWR" means gross vehicle weight rating. 

(47) "HAP" means hazardous air pollutant. 

(48) "HEPA" means high efficiency particulate air. 

(49) "HMIWI" means hospital medical infectious waste incinerator. 

(50) "11M" means inspection and maintenance program. 

(51) "IG" means inspection grade. 

(52) "IRS" means Internal Revenue Service. 

(53) "ISECP" means indirect source emission control program. 

(54) "ISTEA" means Intermodal Surface Transportation Efficiency Act. 

(55) "LAER" means Lowest Achievable Emission Rate. 

(56) "LDT2" means light duty truck 2. 

(57) "LIDAR" means laser radar; light detection and ranging. 

(58) "LPG" means liquefied petroleum gas. 

(59) "LRAPA" means Lane Regional Air Pollution Authority. 

(60) "LUCS" means Land Use Compatibility Statement. 

(61) "MACT" means Maximum Achievable Control Technology. 

(62) "MPO" means Metropolitan Planning Organization. 

(63) "MTBE" means methyl tertiary butyl ether. 

(64) "MWC" means municipal waste combustor. 

Rules ofthis Division as last Posted by the SOS 05/01/2007 
Attachment 3.1, pg.4 

OREGON ADMINI8TRATIVE RULES 

Chapter 340, Division 200 - Department ofEnvironmental Quality 

(65) "NAAQS" means National Ambient Air Quality Standards. 

(66) "NEPA" means National Environmental Policy Act. 

(67) "NESHAP" means National Emissions Standard for Hazardous Air Pollutants. 

(68) "NIOSH" means National Institute of Occupational Safety & Health. 

(69) "NOx" means nitrogen oxides. 

(70) IINSPS" means New Source Performance Standards. 

(71) "NSR" means New Source Review. 

(72) "NSSC" means neutral sulfite semi-chemical. 

(73) "03" means ozone. 

(74) "OAR" means Oregon Administrative Rules. 

(75) "ODOr' means Oregon Department of Transportation. 

(76) "ORS" means Oregon Revised Statutes. 

(77) "OSAC" means orifice spark advance control. 

(78) "OSHA" means Occupational Safety & Health Administration. 

(79) "PCDE" means pollution control device collection efficiency. 

(80) "PEMS" means predictive emission monitoring system. 

(81) "PM" means particulate matter. 

(82) "PM10" means particulate matter less than 10 microns. 

(83) "POTW" means Publicly Owned Treatment Works. 

(84) "POV" means privately owned vehicle. 

(85) "PSD" means Prevention of Significant Deterioration. 

(86) "PSEL" means Plant Site Emission Limit. 

(87) "QIP" means quality improvement plan. 

Rules of this Division as last Posted by the 80S 05/0112007 
Attachment 3.1, pg.5 

OREGON ADMINISTRATIVE RULES 

Chapter 340, Division 200 - Department of Environmental Quality 

(88) "RACT" means Reasonably Available Control Technology. 

(89) "RVCOG" means Rogue Valley Council of Governments. 

(90) "R WOC" means running weighted oxygen content. 

(91) "SKATS" means Salem-Keizer Area Transportation Study. 

(92) IISCF" means standard cubic feet. 

(93) IISCS" means speed control switch. 

(94) "SD" means standard deviation. 

(95) "SIP" means State Implementation Plan. 

(96) "S02" means sulfur dioxide. 

(97) "SOCMI" means synthetic organic chemical manufacturing industry. 

(98) "sos" means Secretary of State. 

(99) IITAC" means thermostatic air cleaner. 

(100) "TACT" means Typically Achievable Control Technology. 

(101) "TCM" means transportation control measures. 

(102) "TCS" means throttle control solenoid. 

(103) "TIP" means Transportation Improvement Program. 

(104) "TRS" means total reduced sulfur. 

(105) "TSP" means total suspended particulate matter. 

(106) "UGA" means urban growth area. 

(107) "UGB" means urban growth boundary. 

(108) "US DOT" means United States Department ofTransportation. 

(109) "UST" means underground storage tanks. 

(110) "UTM" means universal transverse mercator. 

Rules ofthis Division as last Posted by the SOS 05/0112007 
Attachment 3.1, pg. 6 

OREGON ADMINISTRATIVE RULES 

Chapter 340, Division 200 - Department ofEnvironmental Quality 

(111) "VIN" means vehicle identification number. 

(112) "VMT" means vehicle miles traveled. 

(113) "VOC" means volatile organic compounds. 

Stat. Auth.: ORS 468.020 

Stats. Implemented: ORS 468A 

Hist.: DEQ 6-2001, f. 6-18-01, cert. ef. 7-1-01; DEQ 3-2007, f. & cert. ef. 4-12-07 

340-200-0040 

State of Oregon Clean Air Act Implementation Plan 

(1) This implementation plan, consisting of Volumes 2 and 3 ofthe 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) ofthe 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 ofthis 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 February 22, 2007. 

(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 ofthe federally-approved SIP as a source-specific SIP revision after the Department has 

complied with the public hearings provisions of40 CFR 51.102 (July 1,2002); and 

(b) Approve the standards submitted by a regional authority ifthe 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, ef. 2-15-72; DEQ 54, f. 6-21-73, ef. 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. & ef. 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. & ef. 11-27-84; DEQ 3-1985, f. & 

ef. 2-1-85; DEQ 12-1985, f. & ef. 9-30-85; DEQ 5-1986, f. & ef. 2-21-86; DEQ 10-1986, f. & ef. 5-9­

Rules ofthis Division as last Posted by the SOS 05/0112007 
Attachment 3.1, pg. 7 

OREGON ADMINISTRATIVE RULES 

Chapter 340, Division 200 - Department of Environmental Quality 

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. & ef. 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. ef. 11-13-91; DEQ 24-1991, f. & cert. ef. 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. ef. 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. 11-4-93; 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. ef. 7-1-94; DEQ 25-1994, f. & cert. ef. 11-2-94; DEQ 9-1995, f. & cert. ef. 5-1-95; DEQ 10-1995, 

f. & cert. ef. 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. ef. 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. ef. 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. ef. 7-1-99; DEQ 14-1999, f. & cert. ef. 10-14-99, Renumbered 

from 340-020-0047; DEQ 15-1999, f. & cert. ef. 10-22-99; DEQ 2-2000, f. 2-17-00, cert. ef. 6-/1-01; 

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. ef. 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. ef. 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. l2-l2-03; DEQ 1-2004, f. 

& cert. ef. 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 

Rules of this Division as last Posted by the SOS 05/0 I12007 

340-202-0090 

Attachment 3.2. pg. 1 

OREGON ADMINISTRATIVE RULES 

Chapter 340, Division 202 - Department ofEnvironmental Quality 

DEPARTMENT OF ENVIRONMENTAL QUALITY 

DIVISION 202 


AMBIENT AIR QUALITY STANDARDS AND PSD 


INCREMENTS 


Ozone 

Concentrations ofozone in ambient air as measured by an approved method must not exceed 0.08 ppm 

as a daily maximum eight-hour average concentration. This standard is attained when, at any site the 

average ofthe annual fourth-highest daily maximum eight-hour average ozone concentration is equal to 

or less than 0.08 as determined by the method ofAppendix I, 40 CFR 50. 

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

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

Stat. Auth.: ORS 468 & 468A 

Stats. Implemented: ORS 468A.025 

Hist.: DEQ 37, f. 2-15-72, ef. 3-1-72; DEQ 15-1979, f. & ef. 6-22-79; DEQ 7-1980, f. & ef. 3-5-80; 

DEQ 4-1982, f. & ef. 1-29-82; DEQ 8-1988, f. & cert. ef. 5-19-88 (corrected 9-30-88); DEQ 24-1991, f. 

& cert. ef. 11-13-91; DEQ 4-1993, f. & cert. ef. 3-10-93; DEQ 14-1999, f. & cert. ef. lO-14-99, 

Renumbered from 340-031-0030; DEQ 6-2001, f. 6-18-01, cert. ef. 7-1-01; DEQ 3-2007, f. & cert. ef. 4­

12-07 

Rules ofthis Division as last Posted by the SOS 0510112007 

Attachment 3.3, pg. 1 

OREGON ADMINISTRATIVE RULES 

Chapter 340, Division 204 - Department ofEnvironmental Quality 

DEPARTMENT OF ENVIRONMENTAL QUALITY 

DIVISION 204 

DESIGNATION OF AIR QUALITY AREAS 

340-204-0010 

Defmitions 

The definitions in OAR 340-200-0020 and this rule apply to this division. Ifthe same term is defined in 

this rule and OAR 340-200-0020, the definition in this rule applies to this division. Definitions of 

boundaries in this rule also apply to OAR 340 Division 200 through 268 and throughout the State of 

Oregon Clean Air Act Implementation Plan adopted under OAR 340-200-0040. 

(1) "AQCR" means Air Quality Control Region. 

(2) "AQMA" means Air Quality Maintenance Area. 

(3) "CO" means Carbon Monoxide. 

(4) "CBD" means Central Business District. 

(5) "Criteria Pollutant" means any ofthe six pollutants set out by the Clean Air Act (sulfur oxides, 

particulate matter, ozone, carbon monoxide, nitrogen dioxide, and lead) for which the EPA has 

promulgated standards in 40 CFR 50.4 through 50.12 (July, 1993). 

(6) "Eugene-Springfield UOA" means the area within the bounds beginning at the Willamette River at a 

point due east from the intersection ofEast Beacon Road and River Loop No.1; thence southerly 

along the Willamette River to the intersection with Belt Line Road; thence easterly along Belt Line 

Road approximately one-half mile to the intersection with Delta Highway; thence northwesterly and 

then northerly along Delta Highway and on a line north from the Delta Highway to the intersection 

with the McKenzie River; thence generally southerly and easterly along the McKenzie River 

approximately eleven miles to the intersection with Marcola Road; thence southwesterly along 

Marcola Road to the intersection with 42nd Street; thence southerly along 42nd Street to the 

intersection with the northern branch ofUS Highway 126; thence easterly along US Highway 126 to 

the intersection with 52nd Street; thence north along 52nd Street to the intersection with High Banks 

Road; thence easterly along High Banks Road to the intersection with 58th Street; thence south 

along 58th Street to the intersection with Thurston Road; thence easterly along Thurston Road to the 

intersection with the western boundary of Section 36, T17S, R2W; thence south to the southwest 

comer ofSection 36, T17S, R2W; thence west to the Springfield City Limits; thence following the 

Springfield City Limits southwesterly to the intersection with the western boundary ofSection 2, 

T18S, R2W; thence on a line southwest to the Private Logging Road approximately one-half mile 

away; thence southeasterly along the Private Logging Road to the intersection with Wallace Creek; 

thence southwesterly along Wallace Creek to the confluence with the Middle Fork ofthe Willamette 

River; thence generally northwesterly along the Middle Fork ofthe Willamette River approximately 

Rules ofthis Division as last Posted by the SOS 05/0112007 
Attachment 3.3, pg.2 

OREGON ADMINISTRATIVE RULES 

Chapter 340, Division 204 - Department of Environmental Quality 

seven and one-half miles to the intersection with the northern boundary ofSection 11, TI8S, R3W; 

thence west to the northwest comer of Section 10, TI8S, R3W; thence south to the intersection with 

30th A venue; thence westerly along 30th A venue to the intersection with the Eugene City Limits; 

thence following the Eugene City Limits first southerly then westerly then northerly and finally 

westerly to the intersection with the northern boundary ofSection 5, TI8S, R4W; thence west to the 

intersection with Greenhill Road; thence north along Greenhill Road to the intersection with Barger 

Drive; thence east along Barger Drive to the intersection with the Eugene City Limits (Ohio Street); 

thence following the Eugene City Limits first north then east then north then east then south then 

east to the intersection with Jansen Drive; thence east along Jansen Drive to the intersection with 

Belt Line Road; thence northeasterly along Belt Line Road to the intersection with Highway 99; 

thence northwesterly along Highway 99 to the intersection with Clear Lake Road; thence west along 

Clear Lake Road to the intersection with the western boundary of Section 9, TI7S, R4W; thence 

north to the intersection with Airport Road; thence east along Airport Road to the intersection with 

Highway 99; thence northwesterly along Highway 99 to the intersection East Enid Road; thence east 

along East Enid Road to the intersection with Prairie Road; thence southerly along Prairie Road to 

the intersection with Irvington Road; thence east along Irvington Road to the intersection with the 

Southern Pacific Railroad Line; thence southeasterly along the Southern Pacific Railroad Line to the 

intersection with Irving Road; thence east along Irving Road to the intersection with Kalmia Road; 

thence northerly along Kalmia Road to the intersection with Hyacinth Road; thence northerly along 

Hyancinth Road to the intersection with Irvington Road; thence east along Irvington Road to the 

intersection with Spring Creek; thence northerly along Spring Creek to the intersection with River 

Road; thence northerly along River Road to the intersection with East Beacon Drive; thence 

following East Beacon Drive first east then south then east to the intersection with River Loop No.1; 

thence on a line due east to the Willamette River and the point ofbeginning. 

(7) "Grants Pass CBD" means the area within the City of Grants Pass enclosed by liB" Street on the 

north, 8th Street to the east, "M" Street on the south, and 5th Street to the west. 

(8) Grants Pass Control Area means the area ofthe state beginning at the northeast comer of Section 35, 

T35S, R5W; thence south to the southeast comer ofSection 11, T37S, R5W; thence west to the 

southwest comer of Section 9, T37S, R6W; thence north to the northwest comer of Section 33, 

T35S, R6W; thence east to the point of beginning. 

(9) "Grants Pass UGB" as shown on the Plan and Zoning maps for the City of Grants Pass as ofFeb. 1, 

1988 is the area within the bounds beginning at the NW comer of Sec. 7, T36S, R5W; thence south 

to the SW comer of Sec. 7; thence west along the southern boundary of Sec. 12, T36S, R5W approx. 

2000 feet; thence south approx. 100 feet to the northern right ofway ofthe Southern Pacific Railroad 

Line (SPRR Line); thence southeasterly along said right ofway approx. 800 feet; thence south 

approx. 400 feet; thence west approx. 1100 feet; thence south approx. 700 feet to the intersection 

with the Hillside Canal; thence west approx. 100 feet; thence south approx. 550 feet to the 

intersection with Upper River Road; thence southeasterly along Upper River Road and continuing 

east along Old Upper River Road approx. 700 feet; thence south approx. 1550 feet; thence west 

approx. 350 feet; thence south approx. 250 feet; thence west approx. 1000 feet; thence south approx. 

600 feet to the north end of Roguela Lane; thence east approx. 400 feet; thence south approx. 1400 

feet to the intersection with Lower River Road; thence west along Lower River Road approx. 1400 

feet; thence south approx. 1350 feet; thence west approx. 25 feet; thence south approx. 1200 feet to 

Rules of this Division as last Posted by the SOS 05/0112007 
Attachment 3.3, pg.3 

OREGON ADMINISTRATIVE RULES 

Chapter 340, Division 204 - Department of Environmental Quality 

the south bank ofthe Rogue River; thence northwesterly along said bank approx. 2800 feet; thence 

on a line southwesterly and parallel to Parkhill Place approx. 600 feet; thence northwesterly at a 90 

degree angle approximately 300 feet to the intersection with Parkhill Place; thence southwesterly 

along Parkhill Place approx. 250 feet; thence on a line southeasterly forming a 90 degree angle 

approximately 300 feet to a point even with Leonard Road; thence west approx. 1500 feet along 

Leonard Road; thence north approx. 200 feet; thence west to the west side of Schroeder Lane; thence 

north approx. 150 feet; thence west approx. 200 feet; thence south to the intersection with Leonard 

Road; thence west along Leonard Road approx. 450 feet; thence north approx. 300 feet; thence east 

approx. 150 feet; thence north approx. 400 feet; thence west approx. 500 feet; thence south approx. 

300 feet; thence west to the intersection with Coutant Lane; thence south along Coutant Lane to the 

intersection with Leonard Road; thence west along Leonard Road to the intersection with Buena 

Vista Lane; thence north along the west side ofBuena Vista Lane approx. 200 feet; thence west 

approx. 150 feet; thence north approx. 150 feet; thence west approx. 200 feet; thence north approx. 

400 feet; thence west approx. 600 feet to the intersection with the western boundary of Sec. 23, 

T36S, R6W; thence south to the intersection with Leonard Road; thence west along Leonard Road 

approx. 300 feet; thence north approx. 600 feet to the intersection with Dameille Lane; thence 

northwesterly along Dameille Lane approx. 200 feet; thence west approx. 300 feet; thence south 

approx. 600 feet to the intersection with Leonard Road; thence west along Leonard Road approx. 

700 feet; thence south approx. 1350 feet; thence east approx. 1400 feet to the intersection with 

Dameille Lane; thence south along Dameille Lane approx. 600 feet; thence west approx. 300 feet; 

thence south to the intersection with Redwood A venue; thence east along Redwood Avenue to the 

intersection with Hubbard Lane and the western boundary of Sec. 23, T36S, R6W; thence south 

along Hubbard Lane approx. 1850 feet; thence west approx. 1350 feet; thence south to the south 

side of U.S. Highway 199; thence westerly along U.S. 199 approx. 1600 feet to the intersection with 

the north-south midpoint of Sec. 27, T36S, R6W; thence south approx. 2200 feet; thence east 

approx. 1400 feet; thence north approx. 1000 feet; thence east approx. 300 feet; thence north approx. 

250 feet to the intersection with the Highline Canal; thence northerly along the Highline Canal 

approx. 900 feet; thence east to the intersection with Hubbard Lane; thence north along Hubbard 

Lane approximately 600 feet; thence east approx. 200 feet; thence north approx. 400 feet to a point 

even with Canal Avenue; thence east approx. 550 feet; thence north to the south side ofU.S. 199; 

thence easterly along the southern edge of U.S. 199 to the intersection with Willow Lane; thence 

south along Willow Lane to the intersection with Demaray Drive; thence easterly along Demaray 

Drive and continuing along the southern edge of U.S. 199 to the intersection with Dowell Road; 

thence south along Dowell Road approx. 550 feet; thence easterly approx. 750 feet; thence north to 

the intersection with the South Canal; thence easterly along the South Canal to the intersection with 

Schutzwohl Lane; thence south approx. 1300 feet to a point even with West Harbeck Road; thence 

east approx. 2000 feet to the intersection with Allen Creek; thence southerly along Allen Creek 

approx. 1400 feet to a point even with Denton Trail to the west; thence west to the intersection with 

Highline Canal; thence southerly along Highline Canal to the intersection with the southern 

boundary of Sec. 25, T36S, R6W; thence east to the intersection with Allen Creek; thence southerly 

along Allen Creek to the intersection with the western boundary of Sec. 31, T36S, R5W; thence 

south to the SW comer of Sec. 31; thence east to the intersection with Williams Highway; thence 

southeasterly along Williams Highway approx. 1300 feet; thence east approx. 200 feet; thence north 

approx. 400 feet; thence east approx. 700 feet; thence north to the intersection with Espey Road; 

thence west along Espey Road approx. 150 feet; thence north approx. 600 feet; thence east approx. 

300 feet; thence north approx. 2000 feet; thence west approx. 2100 feet; thence north approx. 1350 

Rules of this Division as last Posted by the SOS 05/01/2007 
Attachment 3.3, pg. 4 

OREGON ADMINISTRATIVE RULES 

Chapter 340, Division 204 - Department of Environmental Quality 

feet; thence east approx. 800 feet; thence north approx. 2800 feet to the east-west midline of Sec. 30, 

T36S, RSW; thence on a line due NE approx. 600 feet; thence north approx. 100 feet; thence east 

approx. 600 feet; thence north approx. 100 feet to the intersection with Highline Canal; thence 

easterly along Highline Canal approx. 1300 feet; thence south approx. 100 feet; thence east to the 

intersection with Harbeck Road; thence north along Harbeck Road to the intersection with Highline 

Canal; thence easterly along Highline Canal to a point approx. 250 feet beyond Skyway Road; 

thence south to the intersection with Skyway Road; thence east to the intersection with Highline 

Canal; thence southeasterly along Highline Canal approx. 1200 feet; thence on a line due SW to the 

intersection with Bluebell Lane; thence southerly along Bluebell Lane approx. 150 feet; thence east 

to the intersection with Sky Crest Drive; thence southerly along Sky Crest Drive to the intersection 

with Harper Loop; thence southeasterly along Harper Loop to the intersection with the east-west 

midline of Sec. 29, T36S, R5W; thence east approx. 400 feet; thence south approx. 1300 feet to a 

point even with Troll View Road to the east; thence east to the intersection with Hamilton Lane; 

thence north along Hamilton Lane to the intersection with the Highline Canal; thence northeasterly 

along the Highline Canal to the northern boundary of Sec. 28, T36S, R5W; thence east approx. 1350 

feet to the transmission line; thence north to the intersection with Fruitdale Drive; thence 

southwesterly along Fruitdale Drive approx. 700 feet; thence north to the northern edge of U.S. 199; 

thence easterly along the northern edge of U.S. 199 approx. 50 feet; thence north to the north bank of 

the Rogue River; thence northeasterly along the north bank ofthe Rogue River approx. 2100 feet to 

a point even with Ament Road; thence north to Ament Road and following Ament Road to U.S. 

Interstate Highway 5 (U.S. 1-5); thence continuing north to the 1200 foot contour line; thence 

following the 1200 foot contour line northwesterly approx. 7100 feet to the city limits and a point 

even with Savage Street to the west; thence north following the city limits approx. 400 feet; thence 

west to the intersection with Beacon Street; thence north along Beacon Street and the city limits 

approx. 250 feet; thence east along the city limits approx. 700 feet; thence north along the city limits 

approx. 2200 feet; thence southwesterly along the city limits approximately 800 feet to the 

intersection with the 1400 foot contour line; thence northerly and northwesterly along the 1400 foot 

contour line approx. 900 feet to the intersection with the northern boundary of Sec. 9, T36S, R5W; 

thence west along said boundary approx. 100 feet to the NW comer of Sec. 9; thence south along the 

western boundary of Sec. 9 approx. 700 feet; thence west approx. 1400 feet; thence north approx. 

2400 feet; thence west approx. 1350 feet; thence north approx. 1100 feet to the city limits; thence 

following the city limits first west approx. 1550 feet, then south approx. 800 feet, then west approx. 

200 feet, then south approx. 200 feet, then east approx. 200 feet, then south approx. 300 feet, and 

finally westerly approx. 1200 feet to the intersection with the western boundary of Sec. 5, T36S, 

R5W; thence south along said boundary to the northern side ofVine Avenue; thence northwesterly 

along the northern side ofVine A venue approx. 3150 feet to the intersection with the west fork of 

Gilbert Creek; thence north to the intersection with the southern right of way of U.S. 1-5; thence 

northwesterly along said right ofway approx. 1600 feet; thence south to the intersection with Old 

Highland Avenue; thence northwesterly along Highland Avenue approx. 650 feet; thence west 

approx. 350 feet; thence south approx. 1400 feet; thence east approx. 700 feet; thence south approx. 

1000 feet; thence on a line SW approx. 800 feet; thence south approx. 1400 feet to the intersection 

with the northern boundary of Sec. 7, T36S, R5W; thence west to the NW comer ofSec. 7, the point 

of beginning. 

(10) Klamath Falls Control Area means the area ofthe state beginning at the northeast comer of Section 

8, T38S, RIOE, thence south to the southeast comer of Section 5, T40S, RI0E; thence west to the 

Rules ofthis Division as last Posted by the SOS 05/0112007 
Attachment 3.3, pg. 5 

OREGON ADMINISTRATIVE RULES 

Chapter 340, Division 204 - Department of Environmental Quality 

southwest comer of Section 3, T40S, R8E; thence north to the northwest comer of Section 10, T38S, 

R8E; thence east to the point of beginning. 

(11) "Klamath Falls UGB" means the area within the bounds beginning at the southeast comer of 

Section 36, Township 38 South, Range 9 East; thence northerly approximately 4500 feet; thence 

westerly approximately 114 mile; thence northerly approximately 3/4 mile into Section 25, T38S, 

R9E; thence westerly approximately 114 mile; thence northerly approximately 112 mile to the 

southern boundary of Section 24, T38S, R9E; thence westerly approximately 1/2 mile to the 

southeast comer of Section 23, T38S, R9E; thence northerly approximately 112 mile; thence westerly 

approximately 1/4 mile; thence northerly approximately 112 mile to the southern boundary of 

Section 14, T38S, R9E; thence generally northwesterly along the 5000 foot elevation contour line 

approximately 3/4 mile; thence westerly 1 mile; thence north to the intersection with the northern 

boundary of Section 15, T38S, R9E; thence west 1/4 mile along the northern boundary of Section 

15, T38S, R9E; thence generally southeasterly following the 4800 foot elevation contour line around 

the old Oregon Institute ofTechnology Campus to meet with the westerly line ofOld Fort Road in 

Section 22, T38S, R9E; thence southwesterly along the westerly line of Old Fort Road 

approximately 1 and 114 miles to Section 27, T38S, R9E; thence west approximately 1/4 mile; 

thence southwesterly approximately 112 mile to the intersection with Section 27, T38S, R9E; thence 

westerly approximately 1/2 mile to intersect with the Klamath Falls City Limits at the northerly line 

ofLoma Linda Drive in Section 28, T38S, R9E; thence northwesterly along Loma Linda Drive 

approximately 1/4 mile; thence southwesterly approximately 118 mile to the Klamath Falls City 

Limits; thence northerly along the Klamath Falls City Limits approximately 1 mile into Section 21, 

T38S, R9E; thence westerly approximately 114 mile; thence northerly approximately 1 mile into 

Section 17, T38S, R9E; thence westerly approximately 3/4 mile into Section 17, T38S, R9E; thence 

northerly approximately 114 mile; thence westerly approximately 1 mile to the west boundary of 

Highway 97 in Section 18, T38S, R9E; thence southeasterly along the western boundary of Highway 

97 approximately 112 mile; thence southwesterly away from Highway 97; thence southeasterly to the 

intersection with Klamath Falls City Limits at Front Street; thence westerly approximately 1/4 mile 

to the western boundary of Section 19, T38S, R9E; thence southerly approximately 1 and 1/4 miles 

along the western boundary of Section 19, T38S, R9E and the Klamath Falls City Limits to the south 

shore line of Klamath Lake; thence northwesterly along the south shore line ofKlamath Lake 

approximately 1 and 1/4 miles across Section 25, T38S, R9E and Section 26, T38S, R9E; thence 

westerly approximately 112 mile along Section 26, T38S, R9E; thence southerly approximately 1/2 

mile to Section 27, T38S, R9E to the intersection with eastern boundary of Orindale Draw, thence 

southerly along the eastern boundary of OriQ.dale Draw approximately 1 and 114 miles into Section 

35, T38S, R9E; thence southerly approximately 1/2 mile into Section 2, T39S, R8E; thence easterly 

approximately 1/4 mile; thence northerly approximately 114 mile to the southeast comer of Section 

35, T38S, R8E and the Klamath Falls City Limits; thence easterly approximately 1/2 mile to the 

northern boundary of Section 1, T38S, R8E; thence southeasterly approximately 112 mile to Orindale 

Road; thence north 500 feet along the west side of an easement; thence easterly approximately 1 and 

114 miles through Section 1, T38S, R8E to the western boundary of Section 6, T39S, R9E; thence 

southerly approximately 3/4 mile to the southwest comer of Section 6, T39S, R9E; thence easterly 

approximately 118 mile to the western boundary ofHighway 97; thence southwesterly along the 

Highway 97 right-of-way approximately 1/4 mile; thence westerly approximately 112 mile to Agate 

Street in Section 7, T39S, R8E; thence northerly approximately 114 mile; thence westerly 

approximately 3/4 mile to Orindale Road in Section 12, T39S, R8E; thence northerly approximately 

Rules ofthis Division as last Posted by the SOS 05/0112007 
Attachment 3.3, pg.6 

OREGON ADMINISTRATIVE RULES 

Chapter 340, Division 204 ~ Department ofEnvironmental Quality 

1/4 mile into Section 1, T39S, R8E; thence westerly approximately 3/4 mile to the Section 2, T39S, 

R8E boundary line; thence southerly approximately 3/4 mile along the Section 2, T39S, R8E 

boundary line to the northwest comer of Section 12, T39S, R8E; thence westerly approximately 118 

mile into Section 11, T39S, R8E; thence southerly approximately 1/8 mile; thence northeasterly 

approximately 3/4 mile to the southern boundary of Section 12, T39S, R8E at Balsam Drive; thence 

southerly approximately 114 mile into Section 12, T39S, R8E; thence easterly approximately 1/4 

mile to Orindale Road; thence southeasterly approximately 500 feet to Highway 66; thence 

southwesterly approximately 1/2 mile along the boundary of Highway 66 to Holiday Road; thence 

southerly approximately 112 mile into Section 13, T39S, R8E; thence northeasterly approximately 

114 mile to the eastern boundary of Section 13, T39S, R8E; thence northerly approximately 114 mile 

along the eastern boundary of Section 13, T39S, R8E; thence westerly approximately 114 mile to 

Weyerhaeuser Road; thence northerly approximately 118 mile; thence easterly approximately 118 

mile; thence northerly approximately 118 mile; thence westerly approximately 118 mile to Farrier 

Avenue; thence northerly approximately 114 mile; thence easterly approximately 1/4 mile to the 

eastern boundary of Section 13, T39S, R8E; thence northerly approximately 118 mile along the 

eastern boundary of Section 13, T39S, R8E; thence easterly approximately 1/4 mile along the 

northern section line of Section 18, T39S, R8E; thence southerly approximately 1/4 mile; thence 

easterly approximately 112 mile to the boundary ofHighway 97; thence southerly approximately 113 

mile to the Burlington Northern Right~of~Way; thence northeasterly approximately 1 and 113 miles 

along the high water line of the Klamath River to the Southside Bypass in Section 8, T39S, R9E; 

thence southeasterly along the Southside Bypass to the Southern Pacific Right-of-Way in Section 9, 

T39S, R9E; thence southerly approximately 112 mile along the Southern Pacific Right~of-Way; 

thence southwesterly approximately 1/4 mile along the Midland Highway; thence southeasterly 

approximately 114 mile to the old railroad spur; thence easterly 114 mile along the old railroad spur; 

thence southerly approximately 114 mile in Section 16, T39S, R9E; thence westerly approximately 

113 mile; thence southerly approximately 114 mile; thence easterly approximately 1116 mile in 

Section 21, T39S, R9E; thence southerly approximately 1/8 mile to the Lost River Diversion 

Channel; thence southeasterly approximately 114 mile along the northern boundary of the Lost River 

Diversion Channel; thence easterly approximately 3/4 mile along Joe Wright Road into Section 22, 

T39S, R9E; thence southeasterly approximately 1/8 mile on the eastern boundary of the Southern 

Pacific Right-of-Way; thence southeasterly approximately 1 mile along the western boundary ofthe 

Southern Pacific Right-of~Way across Section 22, T39S, R9E and Section 27, T39S, R9E to a point 

440 yards south of the northern boundary of Section 27, T39S, R9E; thence easterly to Kingsley 

Field; thence southeasterly approximately 3/4 mile to the southern boundary of Section 26, T39S, 

R9E; thence east approximately 1/2 mile along the southern boundary of Section 26, T39S, R9E to a 

pond; thence north-northwesterly for 112 mile following the Klamath Falls City Limits; thence north 

840 feet; thence east 1155 feet to Homedale Road; thence north along Homedale Road to a point 114 

mile north ofthe southern boundary of Section 23, T39S, R9E; thence west 114 mile; thence north 1 

mile to the Southside Bypass in Section 14, T39S, R9E; thence east 112 mile along the Southside 

Bypass to the eastern boundary of Section 14, T39S, R9E; thence north 112 mile; thence east 900 

feet into Section 13, T39S, R9E; thence north 1320 feet along the USBR l-C I-A to the southern 

boundary of Section 12, T39S, R9E; thence north 500 feet to the USBR A Canal; thence 

southeasterly 700 feet along the southern border ofthe USBR A Canal back into Section 13, T39S, 

R9E; thence southeast 1600 feet to the northwest parcel comer of an easement for the Enterprise 

Irrigation District; thence east~northeast 2200 feet to the eastern boundary of Section 13, T39S, R9E; 

thence north to the southeast comer of Section 12, T39S, R9E; thence along the Enterprise Irrigation 

Rules ofthis Division as last Posted by the SOS 05/0112007 
Attachment 3.3, pg.7 

OREGON ADMINISTRATIVE RULES 

Chapter 340, Division 204 - Department ofEnvironmental Quality 

Canal approximately 112 mile to Booth Road; thence east 112 mile to Vale Road; thence north 1 mile 

to a point in Section 6, T39S, R10E that is approximately 1700 feet north of the southern boundary 

of Section 6, T39S, RI0E; thence west approximately 500 feet; thence south approximately 850 feet; 

thence west approximately 200 feet; thence north approximately 900 feet; thence west 

approximately1600 feet to the western boundary of Section 6, T39S, RI0E; thence north 

approximately 112 mile to the southeast comer of Section 36, T38S, R9E, the point of beginning. 

(12) "LaGrande UGB" means the area within the bounds beginning at the point where U.S. Interstate 84 

(1-84) intersects Section 31, Township 2 South, Range 38 East; thence east along 1-84 to the Union 

County Fairgrounds; thence north and then east on a line encompassing the Union County 

Fairgrounds to the intersection with Cedar Street; thence further east approximately 500 feet, 

encompassing two (2) residential properties; thence on a line south to the intersection with the 

northern bank of the Grande Ronde River; thence westerly along the northern bank of the Grande 

Ronde River to the intersection with the western edge ofMount Glenn Road and Riverside Park; 

thence north along the western edge of Mount Glenn Road and Riverside Park to the intersection 

with Fruitdale Road; thence east along Fruitdale Road and the northern boundary ofRiverside Park 

to the eastern boundary of Riverside Park; thence south along the eastern boundary of Riverside Park 

to the north bank of the Grande Ronde River; thence on a line southeast to the intersection with the 

northern edge of 1-84; thence easterly along the northern edge ofI-84 to May Street; thence easterly 

along May Street to the intersection with State Highway 82; thence northeasterly along State 

Highway 82 to the a point approximately 114 mile from the eastern edge of Section 4, T3S, R38E; 

thence south to the intersection with Section 9, T3S, R38E, and the southern edge of Buchanan 

Avenue; thence west along the southern edge ofBuchanan Avenue to the intersection with the 

northern edge of 1-84; thence on a line south to the southern edge of 1-84; thence southeasterly along 

the southern edge of 1-84 approximately 2500 feet; thence on a line due west approximately 1400 

feet; thence on a line due south to the intersection with the Union Pacific Railroad Line; thence 

southeasterly along the Union Pacific Railroad Line to the intersection with Gekeler Lane; thence 

west along Gekeler Lane to the intersection with U.S. Highway 30; thence southeast along U.S. 

Highway 30 to the intersection with the western boundary of Section 15, T3S, R38E; thence on a 

line west following existing property boundaries approximately 2900 feet; thence on a line north 

following existing property boundaries approximately 250 feet; thence on a line east following 

existing property boundaries approximately 650 feet; thence north on a line to the intersection with 

Gekeler Lane; thence west along Gekeler Lane to the intersection with 20th Avenue; thence south 

along 20th Avenue to the intersection with Foothill Road; thence southeasterly along Foothill Road 

approximately 2900 feet; thence on a line west following existing property boundaries 

approximately 1250 feet; thence on a line south following existing property boundaries 

approximately 1250 feet; thence on a line west following existing property boundaries 

approximately 1250 feet; thence on a line north following existing property boundaries 

approximately 450 feet to the intersection with the southernmost part ofthe La Grande City Limits; 

thence westerly and northwesterly along the southernmost part ofthe La Grande City Limits 

approximately 1100 feet to the intersection with the 3000 foot elevation contour line; thence 

westerly following the 3000 foot elevation contour line and existing property boundaries 

approximately 2200 feet; thence on a line north following existing property boundaries 

approximately 1900 feet; thence on a line west following existing property boundaries 

approximately 500 feet; thence on a line north to the La Grande City Limits; thence west along the 

La Grande City Limits and following existing property boundaries approximately 650 feet; thence 

Rules ofthis Division as last Posted by the SOS 05/01/2007 
Attachment 3.3, pg. 8 

OREGON ADMINISlRATIVE RULES 

Chapter 340, Division 204 - Department of Environmental Quality 

on a line south following existing property boundaries approximately 900 feet; thence on a line west 

following existing property boundaries approximately 1250 feet; thence on a line north to the 

intersection with the La Grande City Limits; thence west along the southern boundary ofthe La 

Grande City Limits to the intersection with the western boundary ofthe La Grande City Limits; 

thence north along the western boundary ofthe La Grande City Limits and following existing 

property lines approximately 500 feet; thence on a line west following existing property boundaries 

approximately 200 feet; thence on a line north following existing property boundaries approximately 

700 feet; thence east to the first 3000 foot elevation contour line west ofthe La Grande City Limits; 

thence northerly following that 3000 foot elevation contour line to the intersection with Deal Canyon 

Road; thence easterly along Deal Canyon Road to the intersection with the western boundary of the 

La Grande City Limits; thence northerly along the western boundary of the La Grande City Limits to 

the intersection with US. Highway 30; thence northwesterly along U.S. Highway 30 and following 

existing property boundaries approximately 1400 feet; thence on a line west to the intersection with 

the western boundary of Section 6, T3S, R38E; thence north along the western boundaries of Section 

6, T3S, R38E and Section 31, T2S, R38E to the point of beginning. 

(13) "Lakeview UGB" means the area beginning at the comer common to sections 21, 22,27, and 28, 

T39S, R20E; thence north on the section line between section 21 and 22 to the section comer 

common to section 15, 16, 21, and 22; thence west along the section line between section 21 and 16 

to the section comer common to sections 16, 17, 20, and 21; thence north along the section line 

between section 16 and 17 approximately 3550 feet to the east branch of Thomas Creek; thence 

northwesterly along the east branch ofThomas Creek to the center line of Highway 140; thence east 

along the center line of Highway 140 to the section comer common to sections 8, 9, 16, and 17, 

T39S, R20E; thence north along the section line between sections 8 and 9 to the section comer 

common to sections 4, 5, 8, and 9, T39S, R20E; thence north along the section line between section 

4 and 5 to the section comer common to section 4 and 5, T39S, R20E and sections 32 and 33, T38S, 

R20E; thence east along the section line between sections 4 and 33 to the section comer common to 

sections 3 and 4, T39S, R20E and sections 33 and 34, T38S, R20E; thence south along the eastern 

boundary of section 4 approximately 4,1318.6 feet; thence S 89 degrees, 11 minutes W 288.28 feet 

to the east right of way line ofthe old Paisley/Lakeview Highway; thence S 21 degrees, 53 minutes 

E along the eastern right of way ofthe old PaisleylLakeview Highway 288.4 feet; thence S 78 

degrees, 45 minutes W 1375 feet; thence S 3 degrees, 6 minutes, and 30 seconds W 200 feet; thence 

S 77 degrees, 45 minutes W 136 feet to the east right of way line ofU.S. Highway 395; thence 

southeasterly along the east right of way line of U.S. Highway 39553.5 feet; thence N 77 degrees, 

45 minutes E 195.6 feet; thence S 38 degrees, 45 minutes E 56.8 feet; thence S 51 degrees, 15 

minutes W 186.1 feet to the east right of way of U.S. Highway 395; thence southeast along the 

eastern right of way line ofU.S. Highway 3952310 feet; thence N 76 degrees, 19 minutes 544.7 

feet; thence S 13 degrees, 23 minutes, 21 seconds E 400 feet; thence N 63 degrees, 13 minutes E 

243.6 feet to the western line ofthe old American Forest Products Logging Road; thence southeast 

along the old American Forest Products Logging Road to the western line ofthe northeast quadrant 

ofthe northwest quadrant of section 10, T39S, R20E; thence southeast to a point on the south line of 

the northeast quadrant of the northwest quadrant of Section 10, T39S, R20E (this point also bears N 

89 degrees, 33 minutes E 230 feet from the center line ofU.S. Highway 395); thence south on a line 

parallel to the east right of way line ofU.S. Highway 395 to the south line ofthe northwest quadrant 

of section 10, T39S, R20E; thence south 491 feet to the east right of way of U.S. Highway 395; 

thence southeasterly following the east right of way ofU.S. Highway 395255 feet to the south line 

Rules of this Division as last Posted by the SOS 05/0112007 
Attachment 3.3, pg. 9 

OREGON ADMINISTRATIVE RULES 

Chapter 340, Division 204 - Department ofEnvironmental Quality 

ofthe northeast quadrant ofthe northeast quadrant ofthe southwest quadrant of section 10, T39S, 

R20E; thence east along that south line to the center line of section 10, T39S, R20E; thence 

continuing east along the same south line to the eastern boundary of section 10, T39S, R20E; thence 

south along the eastern boundary ofsection 10 to the section corner common to sections 10, 11, 14, 

and 15, T39S, R20E; thence south along the section line between section 14 and 15 to the section 

corner common to sections 14, 15,22, and 23, T39S, R20E; thence west along the section line 

between sections 15 and 22 to the northwest corner ofthe northeast quadrant ofthe northeast 

quadrant of section 22, T39S, R20E; thence south along the eastern line ofthe western halfofthe 

eastern half ofsection 22 to the southern boundary ofsection 22, T39S, R20E; thence west along the 

southern boundary ofsection 22 to the point of beginning. 

(14) "Maintenance Area" means any area that was formerly nonattainment for a criteria pollutant but has 

since met EPA promulgated standards and has had a maintenance plan to stay within the standards 

approved by the EPA pursuant to 40 CFR 51.110 (July, 1993). 

(15) "Medford-Ashland Air Quality Maintenance Area" (AQMA) means the area defined as beginning 

at a point approximately two and quarter miles northeast ofthe town ofEagle Point, Jackson County, 

Oregon at the northeast corner of Section 36, Township 35 South, Range 1 West (T35S, RI W); 

thence South along the Willamette Meridian to the southeast corner of Section 25, T37S, RlW; 

thence southeast along a line to the southeast corner ofSection 9, T39S, R2E; thence south-southeast 

along line to the southeast corner of Section 22, T39S, R2E; thence South to the southeast corner of 

Section 27, T39S, R2E; thence southwest along a line to the southeast corner of Section 33, T39S, 

R2E; thence West to the southwest corner of Section 31, T39S, R2E; thence northwest along a line 

to the northwest corner ofSection 36, T39S, RIE; thence West to the southwest corner of Section 

26, T39S, RIE; thence northwest along a line to the southeast corner of Section 7, T39S, RIE; 

thence West to the southwest corner of Section 12, T39S, RIW, T39S, RIW; thence northwest along 

a line to southwest corner of Section 20, T38S, Rl W; thence West to the southwest corner of Section 

24, T38S, R2W; thence northwest along a line to the southwest corner of Section 4, T38S, R2W; 

thence West to the southwest corner ofSection 6, T38S, R2W; thence northwest along a line to the 

southwest corner of Section 31, T37S, R2W; thence North and East along the Rogue River to the 

north boundary of Section 32, T35S, Rl W; thence East along a line to the point of beginning. 

(16) "Medford-Ashland CBD" means the area beginning at the intersection ofCrater Lake Highway 

(Highway 62) south on Biddle Road to the intersection ofFourth Street, west on Fourth Street to the 

intersection with Riverside Avenue (Highway 99), south on Riverside Avenue to the intersection 

with Tenth Street, west on Tenth Street to the intersection with Oakdale Avenue, north on Oakdale 

A venue to the intersection with Fourth Street, east on Fourth Street to the intersection with Central 

A venue, north on Central A venue to the intersection with Court Street, north on Court Street to the 

intersection with Crater Lake Highway (Highway 62) and east on Crater Lake Highway to the point 

of beginning, with extensions along McAndrews Road east from Biddle Road to Crater Lake 

Avenue, and along Jackson Street east from Biddle Road to Crater Lake Avenue. 

NOTE: This definition also marks the area where indirect sources are required to have indirect source 

construction permits in the Medford area. See OAR 340-254-0040. 

Rules ofthis Division as last Posted by the SOS 05/0112007 
Attachment 3.3, pg. 10 

OREGON ADMINISTRATIVE RULES 

Chapter 340, Division 204 - Department of Environmental Quality 

(17) "Medford UGB" means the area beginning at the line separating Range 1 West and Range 2 West at 

a point approximately 114 mile south ofthe northwest comer of Section 31, T36S, R1 W; thence west 

approximately 112 mile; thence south to the north bank ofBear Creek; thence west to the south bank 

of Bear Creek; thence south to the intersection with the Medford Corporate Boundary; thence 

following the Medford Corporate Boundary west and southwesterly to the intersection with 

Merriman Road; thence northwesterly along Merriman Road to the intersection with the eastern 

boundary of Section 10, T36S, R2W; thence south along said boundary line approximately 3/4 mile; 

thence west approximately 113 mile; thence south to the intersection with the Hopkins Canal; thence 

east along the Hopkins Canal approximately 200 feet; thence south to Rossanely Drive; thence east 

along Rossanley Drive approximately 200 feet; thence south approximately 1200 feet; thence west 

approximately 700 feet; thence south approximately 1400 feet; thence east approximately 1400 feet; 

thence north approximately 100 feet; thence east approximately 700 feet; thence south to Finley 

Lane; thence west to the end of Finley Lane; thence approximately 1200 feet; thence west 

approximately 1300 feet; thence north approximately 150 feet; thence west approximately 500 feet; 

thence south to Highway 238; thence west along Highway 238 approximately 250 feet; thence south 

approximately 1250 feet to a point even with the end of Renault Avenue to the east; thence east 

approximately 2200 feet; thence south approximately 1100 feet to a point even with Sunset Court to 

the east; thence east to and along Sunset Court to the first (nameless) road to the south; thence 

approximately 850 feet; thence west approximately 600 feet; thence south to Stewart A venue; thence 

west along Stewart Avenue approximately 750 feet; thence south approximately 1100 feet; thence 

west approximately 100 feet; thence south approximately 800 feet; thence east approximately 800 

feet; thence south approximately 1000 feet; thence west approximately 350 feet to a point even with 

the north-south connector street between Sunset Drive and South Stage Road; thence south to and 

along said connecting road and continuing along South Stage Road to Fairlane Road; thence south to 

the end of Fairlane Road and extending beyond it approximately 250 feet; thence east approximately 

250 feet; thence south approximately 250 feet to the intersection with Judy Way; thence east on Judy 

Way to Griffin Creek Road; thence north on Griffin Creek Road to South Stage Road; thence east on 

South Stage Road to Orchard Home Drive; thence north on Orchard Home Drive approximately 800 

feet; thence east to Columbus A venue; thence south along Columbus A venue to South Stage Road; 

thence east along South Stage Road to the first road to the north after Sunnyview Lane; thence north 

approximately 300 feet; thence east approximately 300 feet; thence north approximately 700 feet; 

thence east to King's Highway; thence north along King's Highway to Experiment Station Road; 

thence east along Experiment Station Road to Marsh Lane; thence east along Marsh Lane to the 

northern boundary of Section 6, T38S, R1 W; thence east along said boundary approximately 1100 

feet; thence north approximately 1200 feet; thence east approximately 113 mile; thence north 

approximately 400 feet; thence east approximately 1000 feet to a drainage ditch; thence following 

the drainage ditch southeasterly approximately 500 feet; thence east to the eastern boundary of 

Section 31, T37S, R1 W; thence south along said boundary approximately 1900 feet; thence east to 

and along the loop off ofRogue Valley Boulevard, following that loop to the Southern Pacific 

Railroad Line (SPRR); thence following SPRR approximately 500 feet; thence south to South Stage 

Road; thence east along South Stage Road to SPRR; thence southeasterly along SPRR to the 

intersection with the west fork of Bear Creek; thence northeasterly along the west fork ofBear Creek 

to the intersection with U.S. Highway 99; thence southeasterly along U.S. Highway 99 

approximately 250 feet; thence east approximately 1600 feet; thence south to East Glenwood Road; 

thence east along East Glenwood Road approximately 1250 feet; thence north approximately 1/2 

mile; thence west approximately 250 feet; thence north approximately 112 mile to the Medford City 

Rules of this Division as last Posted by the SOS 05/0112007 
Attachment 3.3, pg. 11 

OREGON ADMINISTRATIVE RULES 

Chapter 340, Division 204 - Department of Environmental Quality 

Limits; thence east along the city limits to Phoenix Road; thence south along Phoenix Road to Coal 

Mine Road; thence east along Coal Mine Road approximately 911 0 mile to the western boundary of 

Section 35, T37S, Rl W; thence north to the midpoint ofthe western boundary of Section 35, T37S, 

RlW; thence west approximately 800 feet; thence north approximately 1700 feet to the intersection 

with Barnett Road; thence easterly along Barnett Road to the southeast comer of Section 27, T37S, 

Rl W; thence north along the eastern boundary line of said section approximately 112 mile to the 

intersection with the 1800 foot contour line; thence east to the intersection with Cherry Lane; thence 

following Cherry Lane southeasterly and then northerly to the intersection with Hillcrest Road; 

thence east along Hillcrest Road to the southeast comer of Section 23, T37S, Rl W; thence north to 

the northeast corner of Section 23, T37S, R 1 W; thence west to the midpoint of the northern 

boundary of Section 22; T37S, RIW; thence north to the midpoint of Section 15, T37S, RIW; 

thence west to the midpoint of the western boundary of Section 15, T37S, Rl W; thence south along 

said boundary approximately 600 feet; thence west approximately 1200 feet; thence north 

approximately 600 feet; thence west to Foothill Road; thence north along Foothill Road to a point 

approximately 500 feet north of Butte Road; thence west approximately 300 feet; thence south 

approximately 250 feet; thence west on a line parallel to and approximately 250 feet north of Butte 

Road to the eastern boundary ofSection 8, T37S, Rl W; thence north approximately 2200 feet; 

thence west approximately 1800 feet; thence north approximately 2000 feet; thence west 

approximately 500 feet; thence north to Coker Butte Road; thence east along Coker Butte Road 

approximately 550 feet; thence north approximately 1250 feet; thence west to U.S. Highway 62; 

thence north approximately 3000 feet; thence east approximately 400 feet to the 1340 foot contour 

line; thence north approximately 800 feet; thence west approximately 200 feet; thence north 

approximately 250 feet to East Vilas Road; thence east along East Vilas Road approximately 450 

feet; thence north approximately 2000 feet to a point approximately 150 feet north of Swanson 

Creek; thence east approximately 600 feet; thence north approximately 850 feet; thence west 

approximately 750 feet; thence north approximately 650 feet; thence west approximately 2100 feet; 

thence on a line southeast approximately 600 feet; thence east approximately 450 feet; thence south 

approximately 1600 feet; thence west approximately 2000 feet to the continuance of the private 

logging road north ofEast Vilas Road; thence south along said logging road approximately 850 feet; 

thence west approximately 750 feet; thence south approximately 150 feet; thence west 

approximately 550 feet to Peace Lane; thence north along Peace Lane approximately 100 feet; 

thence west approximately 350 feet; thence north approximately 950 feet; thence west approximately 

1000 feet to the western boundary ofSection 31, T36S, Rl W; thence north approximately 1300 feet 

along said boundary to the point of beginning. 

(18) "Nonattainment Area" means any area that has been designated as not meeting the standards 

established by the U.S. Environmental Protection Agency (EPA) pursuant to 40 CFR 51.52 (July, 

1993) for any criteria pollutant. 

(19) "03" means Ozone. 

(20) "Oakridge UGB" means the area enclosed by the following: Beginning at the northwest comer of 

Section 17, T21 S, R3E and the city limits; thence south along the western boundary of Section 17, 

T21S, R3E along the city limits approximately 800 feet; thence southwesterly following the city 

limits approximately 750 feet; thence west along the city limits approximately 450 feet; thence 

northwesterly along the city limits approximately 450 feet; thence on a line south along the city 

Rules ofthis Division as last Posted by the SOS 05/0112007 
Attachment 3.3, pg.12 

OREGON ADMINISTRATIVE RULES 

Chapter 340, Division 204 - Department ofEnvironmental Quality 

limits approximately 250 feet; thence on a line east along the city limits approximately 100 feet; 

thence southwesterly along the city limits approximately 200 feet; thence on a line east along the city 

limits approximately 400 feet; thence on a line south along the city limits to the channel of the 

Willamette River Middle Fork; thence south-easterly up the Willamette River Middle Fork along the 

city limits approximately 7200 feet; thence exiting the Willamette River Middle Fork with the city 

limits in a northerly manner and forming a rough semicircle with a diameter of approximately onehalf mile before rejoining the Willamette River Middle Fork; thence diverging from the city limits 

upon rejoining the Willamette River Middle Fork and moving southeasterly approximately 5600 feet 

up the Willamette River Middle Fork to a point on the river even with the point where Salmon Creek 

Road intersects with U.S. Highway 58; thence on a line east from the channel ofthe Willamette 

River Middle Fork across the intersection of Salmon Creek Road and U.S. Highway 58 to the 

intersection with the Southern Pacific Railroad Line; thence northerly along the Southern Pacific 

Railroad Line to the intersection with the northern boundary of Section 22, T21S, R3E; thence west 

along the northern boundary of Section 22, T21S, R3E to the intersection with Salmon Creek Road; 

thence on a line north to the intersection with the Southern Pacific Railroad Line; thence east along 

the Southern Pacific Railroad Line approximately 600 feet; thence on a line north to the intersection 

with High Prairie Road; thence on a line west approximately 400 feet; thence on a line north to the 

intersection with the northern boundary of Section 15, T21 S, R3E; thence west along the northern 

boundary of Section 15, T21 S, R3E to the intersection with the southeastern comer of Section 9, 

T21S, R3E; thence north along the eastern boundary of Section 9, T21S, R3E approximately 1300 

feet; thence on a line west approximately 1100 feet; thence on a line south to the intersection with 

West Oak Road; thence northwesterly along West Oak Road approximately 2000 feet; thence on a 

line south to the intersection with the northern boundary line ofthe city limits; thence westerly and 

northwesterly approximately 8000 feet along the city limits to the point of beginning. 

(21) "Particulate Matter" means all finely divided solid or liquid material, other than uncombined water, 

emitted to the ambient air as measured by an applicable reference method with the Department's 

Source Sampling Manual, (January, 1992). 

(22) PMI0: 

(a) When used in the context of emissions, means finely divided solid or liquid material, including 

condensible water, other than combined water, with an aerodynamic diameter less than or equal 

to a nominal 10 microns, emitted to the ambient air as measured by as applicable reference 

method in accordance with the Department's Source Sampling Manual (January, 1992); 

(b) When used in the context of ambient concentration, means airborne finely divided solid or liquid 

material with an aerodynamic diameter less than or equal to a nominal 10 microns as measured 

in accordance with 40 CFR Part 50, Appendix J (July, 1993). 

(23) "Portland AQMA" means the area within the bounds beginning at the point starting on the OregonWashington state line in the Columbia River at the confluence with the Willamette River, thence east 

up the Columbia River to the confluence with the Sandy River, thence southerly and easterly up the 

Sandy River to the point where the Sandy River intersects the Clackamas County-Multnomah 

County line, thence west along the Clackamas County-Multnomah County line to the point where 

the Clackamas County-Multnomah County line is intersected by H. Johnson Road (242nd), thence 

Rules ofthis Division as last Posted by the SOS 05/0112007 
Attachment 3.3, pg. 13 

OREGON ADMINISTRATIVE RULES 

Chapter 340, Division 204 - Department ofEnvironmental Quality 

south along H. Johnson Road to the intersection with Kelso Road (Boring Highway), thence west 

along Kelso Road to the intersection with Deep Creek Road (232nd), thence south along Deep Creek 

Road to the point of intersection with Deep Creek, thence southeasterly along Deep Creek to the 

confluence with Clackamas River, thence easterly along the Clackamas River to the confluence with 

Clear Creek, thence southerly along Clear Creek to the point where Clear Creek intersects 

Springwater Road then to Forsythe Road, thence easterly along Forsythe Road to the intersection 

with Bradley Road, thence south along Bradley Road to the intersection with Redland Road, thence 

west along Redland Road to the intersection with Ferguson Road, thence south along Ferguson Road 

to the intersection with Thayler Road, thence west along Thayler Road to the intersection with 

Beaver Creek Road, thence southeast along Beaver Creek Road to the intersection with Henrici 

Road, thence west along Henrici Road to the intersection with State Highway 213 (Mollala Avenue), 

thence southeast along State Highway 213 to the point of intersection with Beaver Creek, thence 

westerly down Beaver Creek to the confluence with the Willamette River, thence southerly and 

westerly up the Willamette River to the point where the Willamette River intersects the Clackamas 

County-Yamhill County line, thence north along the Clackamas County-Yamhill County line to the 

point where it intersects the Washington County-Yamhill County line, thence west and north along 

the Washington County-Yamhill County line to the point where it is intersected by Mount Richmond 

Road, thence northeast along Mount Richmond Road to the intersection with Patton Valley Road, 

thence easterly and northerly along Patton Valley Road to the intersection with Tualatin Valley State 

Highway, thence northerly along Tualatin Valley State Highway to the intersection with State 

Highway 47, thence northerly along State Highway 47 to the intersection with Dilley Road, thence 

northwesterly and northerly along Dilley Road to the intersection with Stringtown Road, thence 

westerly and northwesterly along Stringtown Road to the intersection with Gales Creek Road, thence 

northwesterly along Gales Creek Road to the intersection with Tinmmerman Road, thence northerly 

along Tinmmerman Road to the intersection with Wilson River Highway, thence west and 

southwesterly along Wilson River Highway to the intersection with Narup Road, thence north along 

Narup Road to the intersection with Cedar Canyon Road, thence westerly and northerly along Cedar 

Canyon Road to the intersection with Banks Road, thence west along Banks Road to the intersection 

with Hahn Road, thence northerly and westerly along Hahn Road to the intersection with 

Mountaindale Road, thence southeasterly along Mountaindale Road to the intersection with Glencoe 

Road, thence east-southeasterly along Glencoe Road to the intersection with Jackson Quarry Road, 

thence north-northeasterly along Jackson Quarry Road to the intersection with Helvetia Road, thence 

easterly and southerly along Helvetia Road to the intersection with Bishop Road, thence southerly 

along Bishop Road to the intersection with Phillips Road, thence easterly along Phillips Road to the 

intersection with the Burlington Northern Railroad Track, thence northeasterly along the Burlington 

Northern Railroad Line to the intersection with Rock Creek Road, thence east-southeasterly along 

Rock Creek Road to the intersection with Old Cornelius Pass Road, thence northeasterly along Old 

Cornelius Pass Road to the intersection with Skyline Boulevard, thence easterly and southerly along 

Skyline Boulevard to the intersection with Newberry Road, thence northeasterly along Newberry 

Road to the intersection with State Highway 30 (St. Helens Road), thence northeast on a line over 

land across State Highway 30 to the Multnomah Channel, thence east-southeasterly up the 

Multnomah Channel to the diffluence with the Willamette River, thence north-northeasterly down 

the Willamette River to the confluence with the Columbia River and the Oregon-Washington state 

line (the point of beginning). 

Rules ofthis Division as last Posted by the SOS 05/0112007 
Attachment 3.3, pg. 14 

OREGON ADMINISTRATIVE RULES 

Chapter 340, Division 204 - Department ofEnvironmental Quality 

(24) "Portland Metropolitan Service District Boundary" or "Portland Metro" means the boundary 

surrounding the urban growth boundaries ofthe cities within the Greater Portland Metropolitan 

Area. It is defined in the Oregon Revised Statutes (ORS) 268.125 (1989). 

(25) "Portland Vehicle Inspection Area" means the area ofthe state included within the following census 

tracts, block groups, and blocks as used in the 1990 Federal Census. In Multnomah County, the 

following tracts, block groups, and blocks are included: Tracts 1,2,3.01,3.02,4.01,4.02,5.01,5.02, 

6.01,6.02, 7.01, 7.02, 8.01, 8.02, 9.01, 9.02, 10, 11.01, 11.02, 12.01, 12.02, 13.01, 13.02, 14, 15, 

16.01, 16.02,17.01, 17.02, 18.01, 18.02, 19,20,21,22.01,22.02,23.01,23.02,24.01,24.02,25.01, 

25.02,26,27.01,27.02,28.01,28.02,29.01,29.02, 29.03, 30,31,32,33.01,33.02,34.01,34.02, 

35.01,35.02,36.01,36.02,36.03,37.01,37.02, 38.01, 38.02, 38.03, 39.01, 39.02,40.01,40.02, 

41.01,41.02,42,43,44,45,46.01,46.02,47,48,49,50,51, 52, 53, 54, 55, 56 57,58,59,60.01. 

60.02,61,62,63,64.01,64.02,65.01,65.02,66.01, 66.02, 67.01, 67.02, 68.01, 68.02, 69, 70, 71, 

72.01, 72.02, 73, 74, 75, 76, 77, 78, 79, 80.01, 80.02, 81, 82.01, 82.02, 83.01, 83.02, 84, 85, 86, 87, 

88,89,90,91,92.01,92.02,93,94,95,96.01,96.02, 97.01, 97.02,98.01,98.02,99.01,99.02,99.03, 

100,101, 102, 103.01, 103.02, 104.02, 104.04, 104.05, 104.06, 104.07; Block Groups 1,2 of Tract 

105; Blocks 360,361,362 of Tract 105; that portion of Blocks 357,399 of Tract 105 beginning at 

the intersection ofthe Oregon-Washington State Line (,'State Line") and the northeast comer of 

Block Group 1 of Tract 105, thence east along the State Line to the intersection of the State Line and 

the eastern edge of Section 26, Township 1 North, Range 4 East, thence south along the section line 

to the centerline of State Highway 100 to the intersection of State Highway 100 and the western 

edge of Block Group 2 ofTract 105. In Clackamas County, the following tracts, block groups, and 

blocks are included: Tracts 201,202,203.01,203.02,204.01,204.02,205.01,205.02, 206, 207, 208, 

209,210,211,212,213,214,215,216.01,216.02,217,218, 219, 220, 221.01, 221.02, 222.02, 223, 

224,225,226,227.01,227.02,228,229,230,231,232, 233, 234.01, 234.02,,235,236,237; Block 

Groups 1,2 of Tract 241; Block Groups 1,2,3,4 of Tract 242; Block Groups 1,2 of Tract 243.02. 

In Yamhill County, the following tract is included: Tract 301, except those areas in Tract 301 that lie 

within the Newberg City Limits defined as of July 12, 1996, and the following blocks within Tract 

301: 102B, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121D, 122B, 122C, 

123, 126, and 1278. In Washington County the following tracts, block groups, and blocks are 

included: Tracts 301, 302, 303, 304.01, 304.02, 305.01, 305.02,306,307,308.01,308.02,309, 

310.03,310.04, 310.05, 310.06, 311, 312, 313, 314.01, 314.02, 315.01,315.04, 315.05, 315.06, 

315.07,315.08,316.03,316.04, 316.05,316.06, 316.07, 317.02, 317.03,317.04,318.01, 318.02, 

318.03,319.01,319.03,319.04,320,321.01,321.02,322, 323, 324.02, 324.03, 324.04, 325, 326.01, 

326.02,328,329,330,331,332,333; Block Groups 1,2 ofTract 327; Block Group 1 of Tract 334; 

Block Group 2 ofTract 335; Block Group 1 of Tract 336. In Columbia County the following tracts, 

block groups, and blocks are included: Tract 9710.98; Block Groups 2,3 of Tract 9709.98; Blocks 

146B, 148, 152 ofTract 9709.98. 

(26) "Rogue Basin" means the area bounded by the following line: Beginning at the NE comer ofT32S, 

R2E, W.M., thence south along range line 2E to the SE comer ofT39S; thence west along township 

line 39S to the NE comer ofT40S, R7W; thence south to the SE comer ofT40S, R7W; thence west 

to the SE comer ofT40S, R9W; thence north on range line 9W to the NE comer ofT39S, R9W; 

thence east to the NE comer ofT39S, R8W; thence north on range line 8W to the SE comer of 

Section 1, T33S, R8W on the Josephine-Douglas County line; thence east on the Josephine-Douglas 

Rules of this Division as last Posted by the SOS 05/0112007 
Attachment 3.3, pg. 15 

OREGON ADMINISTRATIVE RULES 

Chapter 340, Division 204 - Department of Environmental Quality 

and Jackson-Douglas County lines to the NE comer ofT32S, R1 W; thence east along township line 

32S to the NE comer ofT32S, R2E to the point of beginning. 

(27) "Salem-Keizer Area Transportation Study" or "SKA TS" means the area within the boUnds 

beginning at the intersection ofU.S. Interstate Highway 5 (I-5) with Battle Creek Road SE and 

Wiltsey Road, south along I-5 to the intersection with the western boundary of Section 24, T8S, 

R3W; thence due south on a line to the intersection with Delaney Road; thence easterly along 

Delaney Road to the intersection with Sunnyside Road; thence north along Sunnyside Road to the 

intersection with Hylo Road SE; thence west along Hylo Road SE to the intersection with Liberty 

Road; thence north along Liberty Road to the intersection with Cole Road; thence west along Cole 

Road to the intersection with Bates Road; thence northerly and easterly along Bates Road to the 

intersection with Jory Hill Road; thence west along Jory Hill Road to the intersection with Stone Hill 

A venue; thence north along Stone Hill A venue to the intersection with Vita Springs Road; thence 

westerly along Vita Springs Road to the Willamette River; thence northeasterly downstream the 

Willamette River to a point adjacent to where the western boundary of Section 30, T7S, R3W 

intersects the Southern Pacific Railroad Line; thence westerly along the Southern Pacific Railroad 

Line to the intersection with State Highway 51; thence northeasterly along State Highway 51 to the 

intersection with Oak Grove Road; thence northerly along Oak Grove Road to the intersection with 

State Highway 22; thence west on State Highway 22 to the intersection with Oak Grove Road; 

thence north along Oak Grove Road to the intersection with Orchard Heights Road; thence east and 

north along Orchard Heights Road to the intersection with Eagle Crest Drive; thence northerly along 

Eagle Crest Drive to the intersection with Hunt Road; thence north along Hunt Road to the 

intersection with Fourth Road; thence east along Fourth Road to the intersection with Spring Valley 

Road; thence north along Spring Valley to the intersection with Oak Knoll Road; thence east along 

Oak Knoll Road to the intersection with Wallace Road; thence south along Wallace Road to the 

intersection with Lincoln Road; thence east along Lincoln Road on a line to the intersection with the 

Willamette River; thence northeasterly downstream the Willamette River to a point adjacent to 

where Simon Street starts on the East Bank; thence east and south along Simon Street to the 

intersection with Salmon; thence east along Salmon to the intersection with Ravena Drive; thence 

southerly and easterly along Ravena Drive to the intersection with Wheatland Road; thence northerly 

along Wheatland Road to the intersection with Brooklake Road; thence southeast along Brooklake 

Road to the intersection with 65th A venue; thence south along 65th A venue to the intersection with 

Labish Road; thence east along Labish Road to the intersection with the West Branch of the Little 

Pudding River; thence southerly along the West Branch ofthe Little Pudding River to the 

intersection with Sunnyview Road; thence east along Sunnyview Road to the intersection with 63rd 

Avenue; thence south along 63rd Avenue to the intersection with State Street; thence east along 

State Street to the intersection with 62nd A venue; thence south along 62nd A venue to the 

intersection with Deer Park Drive; thence southwest along Deer Park Drive to the intersection with 

Santiam Highway 22; thence southeast along Santiam Highway 22 to the point where it intersects 

the Salem Urban Growth Boundary (SUGB); thence following the southeast boundary ofthe SUGB 

generally southerly and westerly to the intersection with Wiltsey Road; thence west along Wiltsey 

Road to the intersection with 1-5 (the point of beginning). 

(28) "UGA" means Urban Growth Area. 

(29) "UGB" means Urban Growth Boundary. 

Rules of this Division as last Posted by the SOS 05/0112007 
Attachment 3.3, pg. 16 

OREGON ADMINISTRATIVE RULES 

Chapter 340, Division 204 - Department ofEnvironmental Quality 

(30) "Umpqua Basin" means the area bounded by the following line: Beginning at the SW comer of 

Section 2, T19S, R9W, on the Douglas-Lane County lines and extending due south to the SW comer 

of Section 14, T32S, R9W, on the Douglas-Curry County lines, thence easterly on the DouglasCurry and Douglas-Josephine County lines to the intersection ofthe Douglas, Josephine, and 

Jackson County lines; thence easterly on the Douglas-Jackson County line to the intersection of the 

Umpqua National Forest boundary on the NW comer ofSection 32, T32S, R3W; thence northerly 

on the Umpqua National Forest boundary to the NE comer ofSection 36, T25S, R2W; thence west 

to the NW comer of Section 36, T25S, R4W; thence north to the Douglas-Lane County line; thence 

westerly on the Douglas-Lane County line to the starting point. 

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

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

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

Stat. Auth.: ORS 468.020 

Stats. Implemented: ORS 468A.025 

Hist.: DEQ 14-1995, f. & cert. ef. 5-25-95; DEQ 18-1996, f. & cert. ef. 8-19-96; DEQ 1-1999, f. & cert. 

ef. 1-25-99; DEQ 14-1999, f. & cert. ef. 10-14-99, Renumbered from 340-031-0500; DEQ 1-2005, f. & 

cert. ef. 1-4-05; DEQ 3-2007, f. & cert. ef. 4-12-07 

340-204-0030 

Designation of Nonattainment Areas 

The following areas are designated as Nonattainment Areas: 

(I) Carbon Monoxide Nonattainment Areas: The Salem Nonattainment Area for Carbon Monoxide is 

the Salem-Keizer Area Transportation Study as defined in OAR 340-204-0010. 

(2) PMI0 Nonattainment Areas: 

(a) The Eugene Nonattainment Area for PMlO is the Eugene-Springfield UGB as defined in OAR 

340-204-0010. 

(b) The Oakridge Nonattainment Area for PMl0 is the Oakridge UGB as defined in OAR 340-204­

0010. 

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 

Stats. Implemented: ORS 468A.025 

Hist.: DEQ 14-1995, f. & cert. ef. 5-25-95; DEQ 18-1996, f. & cert. ef. 8-19-96; DEQ 15-1998, f. & 

cert. ef. 9-23-98; DEQ 1-1999, f. & cert. ef. 1-25-99; DEQ 14-1999, f. & cert. ef. 10-14-99, Renumbered 

from 340-031-0520; DEQ 15-1999, f. & cert. ef. 10-22-99; DEQ 16-2000, f. & cert. ef. 10-25-00; DEQ 

Rules ofthis Division as last Posted by the SOS 05/0112007 
Attachment 3.3, pg. 17 

OREGON ADMINISTRATIVE RULES 

Chapter 340, Division 204 - Department of Environmental Quality 

6-2001, f. 6-18-01, cert. ef. 7-1-01; DEQ 11-2002, f. & cert. ef. 10-8-02; DEQ 1-2005, f. & cert. ef. 1-4­

05; DEQ 9-2005, f. & cert. ef. 9-9-05; DEQ 3-2007, f. & cert. ef. 4-12-07 

340-204-0040 

Designation of Maintenance Areas 

The following areas are designated as Maintenance Areas: 

(1) Carbon Monoxide Maintenance Areas: 

(a) The Eugene Maintenance Area for Carbon Monoxide is the Eugene-Springfield AQMA as 

defined in OAR 340-204-0010. 

(b) The Portland Maintenance Area for Carbon Monoxide is the Portland Metropolitan Service 

District as referenced in OAR 340-204-0010. 

(c) The Medford Carbon Monoxide Maintenance Area is the Medford UGB as defined in OAR 340­

204-0010. 

NOTE: EPA maintenance plan approval and redesignation pending. 

(d) The Grants Pass Carbon Monoxide Maintenance Area is the Grants Pass CBD as defined in OAR 

340-204-0010. 

(e) The Klamath Falls Carbon Monoxide Maintenance Area is the Klamath Falls UGB as defined in 

OAR 340-204-0010. 

(2) Ozone Maintenance Areas: 

(a) The Medford Maintenance Area for Ozone is the Medford-Ashland AQMA as defined in OAR 

340-204-0010. 

(b) The Oregon portion ofthe Portland-Vancouver Interstate Maintenance Area for Ozone is the 

Portland AQMA, as defined in OAR 340-204-0010. 

(c) The Salem Maintenance Area for Ozone is the Salem-Keizer Area Transportation Study as 

defined in OAR 340-204-0010. 

(3) PM! 0 Maintenance Areas: 

(a) The Grants Pass PMIO Maintenance Area is the Grants Pass UGB as defined in OAR 340-204­

0010. 

(b) The Klamath Falls PMI0 Maintenance Area is the Klamath Falls UGB as defined in OAR 340­

204-0010. 

Rules ofthis Division as last Posted by the SOS 05/0112007 
Attachment 3.3, pg. 18 

OREGON ADMINISTRATIVE RULES 

Chapter 340, Division 204 - Department ofEnvironmental Quality 

(c) The Medford-Ashland PM1 0 Maintenance Area is the Medford-Ashland AQMA as defined in 

OAR 340-204-0010. 

NOTE: EPA maintenance plan approval and redesignation pending. 

(d) The La Grande PMlO Maintenance Area is the La Grande UGB as defined in OAR 340-204­

0010. 

NOTE: EPA maintenance plan approval and redesignation pending. 

(e) The Lakeview PM10 Maintenance Area is the Lakeview UGB as defined in OAR 340-204-0010. 

NOTE: EPA maintenance plan approval and redesignation pending. 

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 

Stats. Implemented: ORS 468A.025 

Hist.: DEQ 14-1995, f. & cert. ef. 5-25-95; DEQ 18-1996, f. & cert. ef. 8-19-96; DEQ 15-1998, f. & 

cert. ef. 9-23-98; DEQ 1-1999, f. & cert. ef. 1-25-99; DEQ 14-1999, f. & cert. ef. 10-14-99, Renumbered 

from 340-031-0530; DEQ 15-1999, f. & cert. ef. 10-22-99; DEQ 16-2000, f. & cert. ef. 10-25-00; DEQ 

11-2002, f. & cert. ef. 10-8-02; DEQ 1-2005, f. & cert. ef. 1-4-05; DEQ 9-2005, f. & cert. ef. 9-9-05; 

DEQ 3-2007, f. & cert. ef. 4-12-07 

Rules of this Division as last Posted by the SOS 05/0112007 
Attachment 3.4. pg. 1 

OREGON ADMINISTRATIVE RULES 

Chapter 340, Division 224 - Department ofEnvironmental Quality 

DEPARTMENT OF ENVIRONMENTAL QUALITY 


DIVISION 224 


MAJOR NEW SOURCE REVIEW 


340-224-0050 

Requirements for Sources in Nonattainment Areas 

Proposed major sources and major modifications that would emit a nonattainment pollutant within a 

designated nonattainment area, including VOC or NOx in a designated Ozone Nonattainment Area must 

meet the requirements listed below: 

(1) Lowest Achievable Emission Rate (LAER). The owner or operator must demonstrate that the source 

or modification will comply with the LAER for each nonattainment pollutant emitted at or above the 

significant emission rate (SER). 

(a) For a major modification, the requirement for LAER applies only to each emissions unit that 

emits the pollutant in question and was installed since the baseline period or the most recent New 

Source Review construction approval for that pollutant, and to each modified emission unit that 

increases actual emissions ofthe pollutant in question above the netting basis. 

(b) For phased construction projects, the LAER determination must be reviewed at the latest 


reasonable time before commencing construction of each independent phase. 


(c) When determining LAER for a change that was made at a source before the current NSR 

application, the Department will consider technical feasibility ofretrofitting required controls 

provided: 

(A) The change was made in compliance with NSR requirements in effect when the change was 

made, and 

(B) No limit will be relaxed that was previously relied on to avoid NSR. 

(d) Individual modifications with potential to emit less than 10 percent ofthe SER are exempt from 

this section unless: 

(A) They are not constructed yet; 

(B) They are part of a discrete, identifiable, larger project that was constructed within the 

previous 5 years and is equal to or greater than 10 percent ofthe SER; or 

(C) they were constructed without, or in violation of, the Department's approval. 

Rules of this Division as last Posted by the SOS 05/0112007 
Attachment 3.4, pg. 2 

OREGON ADMINISTRATIVE RULES 

Chapter 340, Division 224 - Department ofEnvironmental Quality 

(2) Offsets and Net Air Quality Benefit. The owner or operator must obtain offsets and demonstrate that 

a net air quality benefit will be achieved as specified in OAR 340-225-0090. 

(3) Additional Requirements for Federal Major Sources: 

(a) The owner or operator of a source that emits or has the potential to emit 100 tons per year of any 

regulated NSR pollutant must evaluate alternative sites, sizes, production processes, and 

environmental control techniques for the proposed source or modification and demonstrate that 

benefits ofthe proposed source or modification will significantly outweigh the environmental 

and social costs imposed as a result ofits location, construction or modification. 

(b) The owner or operator of a source that emits or has the potential to emit 100 tons per year of any 

regulated NSR pollutant must demonstrate that all major sources owned or operated by such 

person (or by an entity controlling, controlled by, or under common control with such person) in 

the state are in compliance, or are on a schedule for compliance, with all applicable emission 

limitations and standards under the Act. 

(c) The owner or operator of a federal major source must meet the visibility impact requirements in 

OAR 340-225-0070. 

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

the EQC under OAR 340-200-0040. 

Stat. Auth.: ORS 468.020 

Stats. Implemented: ORS 468A.025 

Hist.: DEQ 25-1981, f. & ef. 9-8-81; DEQ 5-1983, f. & ef. 4-18-83; DEQ 27-1992, f. & cert. ef. 11-12­

92; DEQ 4-1993, f. & cert. ef. 3-10-93; DEQ 12-1993, f. & cert. ef. 9-24-93, Renumbered from 340­

020-0240; DEQ 19-1993, f. & cert. ef. 11-4-93; DEQ 10-1995, f. & cert. ef. 5-1-95; DEQ 22-1995, f. & 

cert. ef. 10-6-95; DEQ 26-1996, f. & cert. ef. 11-26-96; DEQ 16-1998, f. & cert. ef. 9-23-98; DEQ 1­

1999, f. & cert. ef.l-25-99; DEQ 14-1999, f. & cert. ef. 10-14-99, Renumbered from 340-028-1930; 

DEQ 6-2001, f. 6-18-01, cert. ef. 7-1-01; DEQ 1-2004, f. & cert. ef. 4-14-04; DEQ 3-2007, f. & cert. ef. 

4-12-07 

340-224-0060 

Requirements for Sources in Maintenance Areas 

Proposed major sources and major modifications that would emit a maintenance pollutant within a 

designated maintenance area, including VOC or NOx in a designated ozone maintenance area, must 

meet the requirements listed below: 

(1) Best Available Control Technology (BACT). Except as provided in section (5) and (6) ofthis rule, 

the owner or operator must apply BACT for each maintenance pollutant emitted at a SER. 

(a) For a major modification, the requirement for BACT applies only to: 

Rules ofthis Division as last Posted by the SOS 05/01/2007 
Attachment 3.4, pg. 3 

OREGON ADMINISTRATIVE RULES 

Chapter 340, Division 224 - Department ofEnvironmental Quality 

(A) Each new emissions unit that emits the pollutant in question and was installed since the 

baseline period or the most recent New Source Review construction approval for that 

pollutant; and 

(B) Each modified emissions unit that increases the actual emissions ofthe pollutant in question 

above the netting basis. 

(b) For phased construction projects, the BACT determination must be reviewed at the latest 


reasonable time before commencement of construction of each independent phase. 


(c) When determining BACT for a change that was made at a source before the current NSR 

application, the technical and economic feasibility ofretrofitting required controls may be 

considered, provided: 

(A) The change was made in compliance with NSR requirements in effect when the change was 

made; and 

(B) No limit is being relaxed that was previously relied on to avoid NSR. 

(d) Individual modifications with potential to emit less than 10 percent ofthe significant emission 

rate are exempt from this section unless: 

(A) They are not constructed yet; 

(B) They are part of a discrete, identifiable larger project that was constructed within the 

previous 5 years and that is equal to or greater than 10 percent of the significant emission 

rate; or 

(C) They were constructed without, or in violation of, the Department's approval. 

(2) Air Quality Protection: 

(a) Offsets and Net Air Quality Benefit. Except as provided in subsections (b), (c), (d) and (e) ofthis 

section, the owner or operator must obtain offsets and demonstrate that a net air quality benefit 

will be achieved in the area as specified in OAR 340-225-0090. 

(b) Growth Allowance. The requirements ofthis section may be met in whole or in part in an ozone 

or carbon monoxide maintenance area with an allocation by the Department from a growth 

allowance, if available, in accordance with the applicable maintenance plan in the SIP adopted 

by the Commission and approved by EPA. An allocation from a growth allowance used to meet 

the requirements ofthis section is not subject to OAR 340-225-0090. Procedures for allocating 

the growth allowances for the Oregon portion ofthe Portland-Vancouver Interstate Maintenance 

Area for Ozone and the Portland Maintenance Area for Carbon Monoxide are contained in OAR 

340-242-0430 and 340-242-0440. 

Rules ofthis Division as last Posted by the SOS 05/0112007 
Attachment 3.4. pg.4 

OREGON ADMINISTRATIVE RULES 

Chapter 340, Division 224 - Department of Environmental Quality 

(c) In a carbon monoxide maintenance area, a proposed carbon monoxide major source or major 

modification is exempt from subsections (a) and (b) ofthis section ifthe owner or operator can 

demonstrate that the source or modification will not cause or contribute to an air quality impact 

equal to or greater than 0.5 mg/m3 (8 hour average) and 2 mg/m3 (I-hour average). The 

demonstration must comply with the requirements ofOAR 340-225-0045. 

(d) In a PM10 maintenance area, a proposed PM10 major source or major modification is exempt 

from subsection (a) ofthis section ifthe owner or operator can demonstrate, pursuant to the 

requirements ofOAR 340-225-0045, that the source or modification will not cause or contribute 

to an air quality impact in excess of: . 

(A) 120 ug/m3 (24-hour average) or 40 ug/m3 (annual average) in the Grants Pass PM10 

maintenance area; 

(B) 140 ug/m3 (24-hour average) or 47 ug/m3 (annual average) in the Klamath Falls PMlO 

maintenance area; or 

(C) 140 ug/m3 (24-hour average) or 45 ug/m3 (annual average) in the Lakeview PM10 

maintenance area. In addition, a single source impact is limited to an increase of 5 ug/m3 

(24-hour average) in the Lakeview PM10 maintenance area. 

(e) Proposed major sources and major modifications located in or that impact the Salem Ozone 

Maintenance Area are exempt from OAR 340-225-0090 and section (2)(a) ofthis rule for VOC 

and NOx emissions with respect to ozone formation in the Salem Ozone Maintenance Area. 

(3) The owner or operator of a source subject to this rule must provide an air quality analysis in 

accordance with OAR 340-225-0050(1) and (2), and 340-225-0060. 

(4) Additional Requirements for Federal Major Sources: The owner or operator of a federal major 

source subject to this rule must provide an analysis ofthe air quality impacts for the proposed source 

or modification in accordance with OAR 340-225-0050(3) and 340-225-0070. In addition to the 

provisions ofthis section, provisions of section 340-224-0070 also apply to federal major sources. 

(5) Contingency Plan Requirements. Ifthe contingency plan in an applicable maintenance plan is 

implemented due to a violation of an ambient air quality standard, this section applies in addition to 

other requirements ofthis rule until the Commission adopts a revised maintenance plan and EPA 

approves it as a SIP revision. 

(a) The requirement for BACT in section (1) of this rule is replaced by the requirement for LAER 

contained in OAR 340-224-0050(1). 

(b) An allocation from a growth allowance may not be used to meet the requirement for offsets in 

section (2) of this rule. 

(c) The exemption provided in subsection (2)(c) and (2)(d) ofthis rule for major sources or major 

modifications within a carbon monoxide or PM1 0 maintenance area no longer applies. 

Rules ofthis Division as last Posted by the SOS 05/0112007 
Attachment 3.4, pg. 5 

OREGON ADMINISTRATIVE RULES 

Chapter 340, Division 224 - Department of Environmental Quality 

(6) Medford-Ashland AQMA: Proposed major sources and major modifications that would emit PMIO 

within the Medford-Ashland AQMA must meet the LAER emission control technology 

requirements in OAR 340-224-0050. 

(7) Pending Redesignation Requests. This rule does not apply to a proposed major source or major 

modification for which a complete application to construct was submitted to the Department before 

the maintenance area was redesignated from nonattainment to attainment by EPA. Such a source is 

subject to OAR 340-224-0050. 

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


the EQC under OAR 340-200-0040. 


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


Stat. Auth.: ORS 468.020 


Stats. Implemented: ORS 468A.025 


Hist.: DEQ 26-1996, f. & cert. ef. 11-26-96; DEQ 15-1998, f. & cert. ef. 9-23-98; DEQ 1-1999, f. & 


cert. ef. 1-25-99; DEQ 14-1999, f. & cert. ef. 10-14-99, Renumbered from 340-028-1935; DEQ 6-2001, 


f. 6-18-01, cert' ef. 7-1-01; DEQ 11-2002, f. & cert' ef. 10-8-02; DEQ 1-2005, f. & cert' ef. 1-4-05; DEQ 

9-2005, f. & cert' ef. 9-9-05; DEQ 3-2007, f. & cert' ef. 4-12-07 

Rules ofthis Division as last Posted by the SOS 05/01/2007 

Attachment 3.5, pg. 1 

OREGON ADMINISTRATIVE RULES 

Chapter 340, Division 225 - Depar1ment ofEnvironmental Quality 

DEPARTMENT OF ENVIRONMENTAL QUALITY 

DIVISION 225 

AIR QUALITY ANALYSIS REQUIREMENTS 

340-225-0090 

Requirements for Demonstrating a Net Air Quality Benefit 

Demonstrations ofnet air quality benefit for offsets must include the following: 

(1) Ozone areas (VOe and NOx emissions). For sources capable ofimpacting a designated ozone 

non attainment or maintenance area; 

(a) Offsets for voe and NOx are required ifthe source will be located within the designated area or 

within the Ozone Precursor Distance. 

(b) The amount and location ofoffsets must be detennined in accordance with this subsection: 

(i) For new or modified sources locating within a designated nonattainment area, the offset ratio is 

1.1:1. These offsets must come from within either the same designated non attainment area as the 

new or modified source or another ozone nonattainment area (with equal or higher non attainment 

classification) that contributes to a violation ofthe NAAQS in the same designated 

nonattainment area as the new or modified source. 

(ii) For new or modified sources locating within a designated maintenance area, the offset ratio is 

1.1 :1. These offsets may come from within either the designated area or the ozone precursor 

distance. 

(iii) For new or modified sources locating outside the designated area, but within the ozone precursor 

distance, the offset ratio is 1: 1. These offsets may come from within either the designated area or 

the ozone precursor distance. 

(iv) Offsets from outside the designated area but within the Ozone Precursor Distance must be from 

sources affecting the designated area in a comparable manner to the proposed emissions increase. 

Methods for detennining offsets are described in the Ozone Precursor Offsets definition (OAR 

340-225-0020(11)). 

(c) In lieu ofobtaining offsets, the owner or operator may obtain an allocation at the rate of 1:1 from 

a growth allowance, if available, in an applicable maintenance plan. 

(d) Sources within or affecting the Medford Ozone Maintenance Area are exempt from the 


requirement for NOx offsets relating to ozone formation. 


Rules ofthis Division as last Posted by the SOS 05/0112007 
Attachment 3.5, pg. 2 

OREGON ADMINISTRATIVE RULES 

Chapter 340, Division 225 - Department of Environmental Quality 

(e) Sources within or affecting the Salem Ozone Maintenance Area are exempt from the requirement 

for VOC and NOx offsets relating to ozone formation. 

(2) Non-Ozone areas (PMIO, S02, CO, NOx, and Lead emissions) 

(a) For a source locating within a designated nonattainment area, the owner or operator must: 

(A) Obtain offsets from within the same designated nonattainment area; 

(B) Provide a minimum of I:} offsets for emission increases over the Netting Basis; 

(C) Provide a net air quality benefit within the designated nonattainment area. "Net Air Quality 

Benefit" means a reduction in concentration at a majority ofthe modeled receptors and less 

than a significant impact level increase at all modeled receptors; 

(D) Provide offsets sufficient to demonstrate reasonable further progress toward achieving the 

NAAQS. 

(b) For a source locating outside a designated nonattainment area but causing a significant air quality 

impact on the area, the owner or operator must provide offsets sufficient to reduce the modeled 

impacts below the significant air quality impact level (OAR 340-200-0020) at all receptors 

within the designated nonattainment area. These offsets may come from within or outside the 

designated nonattainment area. 

(c) For a source locating inside or causing a significant air quality impact on a designated 

maintenance area, the owner or operator must either provide offsets sufficient to reduce modeled 

impacts below the significant air quality impact level (OAR 240-200-0020) at all receptors 

within the designated maintenance area or obtain an allocation from an available growth 

allowance as allowed by an applicable maintenance plan. These offsets may come from within or 

outside the designated maintenance area. 

(A) Medford-Ashland AQMA: Proposed new major PMl 0 sources or major PMl 0 modifications 

locating within the AQMA that are required to provide emission offsets under OAR 340-224­

0060(2)( a) must provide reductions in PMI0 emissions equal to 1.2 times the emissions 

increase over the netting basis from the new or modified source, and must provide a net air 

quality benefit within the AQMA. "Net Air Quality Benefit" means a reduction in 

concentration at a majority ofthe modeled receptors and less than a significant impact level 

increase at all modeled receptors. 

(B) Medford-Ashland AQMA: Proposed new major PMl0 sources or major PM} 0 modifications 

located outside the Medford-Ashland AQMA that cause a significant air quality impact on 

the AQMA must provide reductions in PMl 0 emissions sufficient to reduce modeled impacts 

below the significant air quality impact level (OAR 240-200-0020) at all receptors within the 

AQMA. 

Rules ofthis Division as last Posted by the SOS OSlO 112007 
Attachment 3.5, pg. 3 

OREGON ADMINISTRA TlVE RULES 

Chapter 340, Division 225 - Department ofEnvironmental Quality 

(3) The emission reductions used as offsets must be ofthe same type of pollutant as the emissions from 

the new source or modification. Sources ofPMI0 must be offset with particulate in the same size 

range. 

(4) The emission reductions used as offsets must be contemporaneous, that is, the reductions must take 

effect before the time of startup but not more than two years before the submittal of a complete 

permit application for the new source or modification. This time limitation may be extended through 

banking, as provided for in OAR 340 division 268, Emission Reduction Credit Banking. In the case 

of replacement facilities, the Department may allow simultaneous operation ofthe old and new 

facilities during the startup period ofthe new facility, if net emissions are not increased during that 

time period. Any emission reductions must be federally enforceable at the time ofthe issuance ofthe 

permit. 

(5) Offsets required under this rule must meet the requirements ofEmissions Reduction Credits in OAR 

340 division 268. 

(6) Emission reductions used as offsets must be equivalent in terms of short term, seasonal, and yearly 

time periods to mitigate the effects ofthe proposed emissions. 

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

the EQC under OAR 340-200-0040. 

Stat. Auth.: ORS 468.020 

Stats. Implemented: ORS 468A.025 

Hist.: DEQ 25-1981, f. & ef. 9-8-81; DEQ 5-1983, f. & ef. 4-18-83; DEQ 8-1988, f. & cert. ef. 5-19-88 

(and corrected 5-31-88); DEQ 22-1989, f. & cert. ef. 9-26-89; DEQ 27-1992, f. & cert. ef. 11-12-92; 

DEQ 4-1993, f. & cert. ef. 3-10-93; DEQ 12-1993, f. & cert. ef. 9-24-93, Renumbered from 340-020­

0260; DEQ 19-1993, f. & cert. ef. 11-4-93; DEQ 4-1995, f. & cert. ef. 2-17-95; DEQ 26-1996, f. & cert. 

ef. 11-26-96; DEQ 14-1999, f. & cert. ef. 10-14-99, Renumbered from 340-028-1970; DEQ 14-1999, f. 

& cert. ef. 10-14-99, Renumbered from 340-030-0111; DEQ 6-2001, f. 6-18-01, cert. ef. 7-1-01, 

Renumbered from 340-224-0090 & 340-240-0260; DEQ 11-2002, f. & cert. ef. 10-8-02; DEQ 12­

2002(Temp), f. & cert. ef. 10-8-02 thru 4-6-03; Administrative correction 11-10-03; DEQ 1-2004, f. & 

cert. ef. 4-14-04; DEQ 1-2005, f. & cert. ef. 1-4-05; DEQ 3-2007, f. & cert. ef. 4-12-07 

Rules ofthis Division as last Posted by the SOS 0510112007 

Attachment 3.6, pg. 1 

OREGON ADMINISTRATIVE RULES 

Chapter 340, Division 232 Department ofEnvironmental Quality 

DEPARTMENT OF ENVIRONMENTAL QUALITY 


DIVISION 232 


EMISSION STANDARDS FOR VOC POINT SOURCES 

340-232-0010 

Introduction 

(1) This division regulates sources of VOC which contribute to the fOmlation of photochemical oxidant, 

mainly ozone. 

(2) Since ozone standards are not violated in Oregon from October through April (because of 

insufficient solar energy), natural gas-fired afterburners may be pemlitted, on a case-by-case basis, 

to lay idle during the winter months. 

(3) Sources regulated by this division are new and existing sources in the Portland and Medford 

AQMA's and in the Salem SKA TS listed in subsections (a) through (n) of this section, including: 

(a) Gasoline dispensing facilities, storage tank filling; 

(b) Bulk gasoline plants and delivery vessels; 

(c) Bulk gasoline temlinalloading; 

(d) Cutback asphalt; 

(e) Petroleum refineries, petroleum refinery leaks; 

(f) VOC liquid storage, secondary seals; 

(g) Coating including paper coating and miscellaneous painting; 

(h) Aerospace component coating; 

(i) Degreasers; 

(j) Asphaltic and coal tar pitch in roofing; 

(k) Flat wood coating; 

(1) Rotogravure and Flexographic printing; 

(m) Automotive Gasoline. 

Rules ofthis Division as last Posted by the SOS 05/0112007 
Attachment 3.6, pg. 2 

OREGON ADMINISTRATIVE RULES 

Chapter 340, Division 232 - Department ofEnvironmental Quality 

(4) Emissions units not covered by the source categories listed in section (3) ofthis rule which emit or 

have the potential to emit over 100 tons ofVOC per year are subject to OAR 340-232-0040(5). 

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 & 468A.025 

Stats. Implemented: ORS 468A.025 

Hist.: DEQ 21-1978, f. & ef. 12-28-78; DEQ 17-1979, f. & ef. 6-22-79; DEQ 23-1980, f. & e£ 9-26-80; 

DEQ 3-1986, f. & ef. 2-12-86; DEQ 8-1991, f. & cert. ef. 5-16-91; DEQ 4-1993, f. & cert. ef. 3-10-93; 

DEQ 20-1998, f. & cert. ef. 10-12-98; DEQ 14-1999, f. & cert. ef. 10-14-99, Renumbered from 340­

022-0100; DEQ 15-2001, f. & cert. ef. 12-26-01; DEQ 3-2007, f. & cert. ef.4-12-07 

340-232-0020 

Applicability 

(1) Notwithstanding the emission limitations in OAR 340 this division, all new major sources or major 

modifications at existing sources, located within the areas cited in section (2) ofthis rule, shall 

comply with OAR 340 division 224 (New Source Review). 

(2) All new and existing sources inside the following areas shall comply with the General Emission 

Standards for Volatile Organic Compounds: 

(a) Portland-Vancouver Air Quality Maintenance Area; 

(b) Medford-Ashland Air Quality Maintenance Area; 

(c) Salem-Keizer Area Transportation Study (SKATS) Area. 

(3) VOC sources located outside the areas cited in section (2) ofthis rule are exempt from the General 

Emission standards for Volatile Organic Compounds. 

(4) All new and existing sources in the areas identified in section (2) ofthis rule shall apply Reasonably 

Available Control Technology (RACT) subject to the categorical RACT requirements set forth in 

this division. Compliance with the requirements in this division shall be presumed to satisfy the 

RACT requirement. 

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 & 468A.025 

Stats. Implemented: ORS 468A.025 

Rules ofthis Division as last Posted by the SOS 05/0112007 
Attachment 3.6, pg.3 

OREGON ADMINISTRATIVE RULES 

Chapter 340, Division 232 - Department of Environmental Quality 

Hist.: DEQ 21-1978, f. & ef. 12-28-78; DEQ 17-1979, f. & ef. 6-22-79; DEQ 23-1980, f. & ef. 9-26-80; 

DEQ 3-1986, f. & ef. 2-12-86; DEQ 8-1991, f. & cert. ef. 5-16-91; DEQ 4-1993, f. & cert. ef. 3-10-93; 

DEQ 13-1995, f. & cert. ef. 5-25-95; DEQ 7-1997(Temp), f. & cert. ef. 4-28-97; DEQ 20-1998, f. & 

cert. ef. 10-12-98; DEQ 14-1999, f. & cert. ef. 10-14-99, Renumbered from 340-022-0104; DEQ 3­

2007, f. & cert. ef. 4-12-07 

Rules ofthis Division as last Posted by the SOS 05/0112007 

Attachment 3.7, pg. 1 

OREGON ADMlNISTRA TIVE RULES 

Chapter 340, Division 242 - Department of Environmental Quality 

DEPARTMENT OF ENVIRONMENTAL QUALITY 

DIVISION 242 

RULES APPLICABLE TO THE PORTLAND AREA 

Employee Commute Options Program 

340-242-0010 

What is the Employee Commute Options Program? 

(1) The Employee Commute Options or nECO" Program requires larger employers to provide commute 

options to encourage employees to reduce auto trips to the work site. 

(2) ECO is one of several strategies included in the Ozone Maintenance Plan for the Portland Air 

Quality Maintenance Area. The Ozone Maintenance Plan will keep the area in compliance with the 

federal ozone standard. 

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

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

Stat. Auth.: ORS 468.020 

Stats. Implemented: ORS 468A.363 

Hist.: DEQ 17-1996, f. & cert. ef. 8-14-96; DEQ 14-1999, f. & cert. ef. 10-14-99, Renumbered from 

340-030-0800; DEQ 3-2007, f. & cert. ef. 4-12-07 

340-242-0020 

Who is Subject to ECO? 

ECO applies to employers within the Portland Air Quality Maintenance Area (AQMA) with more than 

100 employees at a work site. The Portland Air Quality Maintenance Area is defined in Oregon 

Administrative Rules (OAR) 340-204-0010 and is illustrated in Figure 1. 

NOTE: The term nemployer," and several other terms, are used throughout these rules as defined in 

Definitions of Terms, OAR 340-242-0050. 

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. 

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

Stat. Auth.: ORS 468.020 

Stats. Implemented: ORS 468A.363 

Rules ofthis Division as last Posted by the SOS 05/0112007 
Attachment 3.7, pg.2 

OREGON ADMINISTRATIVE RULES 

Chapter 340, Division 242 - Department ofEnvironmental Quality 

Hist.: DEQ 17-1996, f. & cert. ef. 8-14-96; DEQ 14-1999, f. & cert. ef. 10-14-99, Renumbered from 

340-030-0810; DEQ 3-2007, f. & cert. ef. 4-12-07 

340-242-0030 

What Does ECO Require? 

Employers must provide commute options that have the potential to reduce employee commute auto 

trips by ten percent within three years of its baseline survey. Employers must continue to provide 

commute options that have the potential to achieve and maintain the reduced auto trip rate. Options are 

available for alternative emission reduction measures, credits for past actions, and exemptions. 

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

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

Stat. Auth.: ORS 468.020 

Stats. Implemented: ORS 468A.363 

Hist.: DEQ 17-1996, f. & cert. ef. 8-14-96; DEQ 14-1999, £ & cert. ef. 10-14-99, Renumbered from 

340-030-0820; DEQ 3-2007, f. & cert. ef. 4-12-07 

340-242-0040 

How Does the Department Enforce ECO? 

Enforcement procedures and civil penalties in OAR, chapter 340, division 12 apply. Under OAR 340­

012-0053(2) and 340-012-0054(2)(g), violations ofthe ECO rules are Class Two violations. Failure to 

achieve a ten percent trip reduction is not a violation; failure to make a good faith effort toward, or 

prepare and implement a plan designed to achieve, a ten percent trip reduction is a violation. Civil 

penalties are determined under OAR 340-012-0045 

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

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

Stat. Auth.: ORS 468.020 

Stats. Implemented: ORS 468A.363 

Hist.: DEQ 17-1996, £ & cert. ef. 8-14-96; DEQ 14-1999, f. & cert. e£ 10-14-99, Renumbered from 

340-030-0830; DEQ 3-2007, f. & cert. ef. 4-12-07 

340-242-0050 

Definitions of Terms Used in These Rules 

The definitions in OAR 340-200-0020,340-204-0010 and this rule apply to OAR 340-242-0010 through 

340-242-0290. Ifthe same term is defined in this rule and OAR 340-200-0020 or 340-204-0010, the 

definition in this rule applies to OAR 340-242-0010 through 340-242-0290. 

Rules ofthis Division as last Posted by the SOS 0510112007 
Attachment 3.7, pg.3 

OREGON ADMINISTRATIVE RULES 

Chapter 340, Division 242 - Department of Environmental Quality 

(1) "AQMA" means the Portland Air Quality Maintenance Area. 

(2) "Auto Trip" means a commute trip taken by vehicle to a work site. 

(3) "Auto Trip Rate" means the number of commute vehicles arriving at a work site divided by the 

number of employees that report to the work site. 

(4) "Baseline Auto Trip Rate" means the daily average auto trip rate established by the baseline survey. 

(5) "Baseline Survey" means the employee survey administered at the beginning ofthe ECO program, or 

when a new or expanding employer becomes subject to the ECO rules, or when an employer 

relocates. 

(6) "CarNanpool" means a motor vehicle occupied by two or more people traveling together for their 

commute trip that results in the reduction of a minimum of one auto trip. 

(7) "Compressed Work Week" means a schedule in which employees work their regularly-scheduled 

number of hours in fewer days per week or over a number ofweeks (for example, a 40-hour, 8 hours 

per day, Monday through Friday work week is compressed into a 40-hour, 10 hours a day, Monday 

through Thursday work week.). 

(8) "Department" means the Oregon Department ofEnvironmental Quality. 

(9) "ECO Program" or "ECO Rules" means OAR 340-242-0010 through 340-242-0290. 

(10) "Employee" means any person on the employer's payroll, full or part-time (part time is 80 or more 

hours per 28-day period), for at least six consecutive months at the same work site, including 

business owners, associates, partners, and partners classified as professional corporations. 

(11) "Employer" means any person, business, educational institution, non-profit agency or corporation, 

government department or agency or other entity that employs more than 100 employees at a single 

work site. 

(12) "Equivalent Emission Reduction" means a reduction of vehicle emissions, or other sources of 

volatile organic compounds (VOC) and nitrogen oxides (NUx) emissions, that results in a reduction 

ofVOC and NOx emissions equal to the emission reduction resulting from one eliminated auto trip. 

(13) "Metro" means the regional government agency that serves the Portland metropolitan area. 

(14) "New Employer" means any employer establishing a work site within the Portland AQMA, or any 

employer within the Portland AQMA that expands employment at a single work site to more than 

100 employees, after the effective date ofthe ECO rules. 

(15) "Non-Scheduled Work Week" means a work week with no regular daily scheduled starting or 

ending time, no scheduled work days, or employees are on-call. This does not include employees 

working a traditional "8 to 5" job who may work on a flexible schedule. 

Rules ofthis Division as last Posted by the SOS 05/0112007 
Attachment 3.7, pg.4 

OREGON ADMINISTRATIVE RULES 

Chapter 340, Division 242 - Department of Environmental Quality 

(16) "Target Auto Trip Rate" means a rate ten percent less than the baseline auto trip rate. 

(17) "Target Compliance Deadline" means the date by which employers must demonstrate progress 

toward achieving and maintaining their target auto trip rate. The initial target compliance deadline is 

three years following registration. 

(18) "Telecommuting" means the employees perfonn regular work duties at home, or at a work center 

closer to home than to work, rather than commuting to work. The employees may telecommute full 

time, or commute to work on some days and telecommute on others. 

(19) "Vehiclelt or "Auto" means a highway vehicle powered by a gasoline or diesel internal combustion 

engine with fewer than sixteen adult passenger seating positions. 

(20) "Work site" means a property that is owned or leased by an employer or employers under common 

control, including a temporary or pennanent building, or grouping of buildings that are in actual 

physical contact or separated only by a private or public roadway or other right-of-way. 

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. 

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

Stat. Auth.: ORS 468.020 

Stats. Implemented: ORS 468A.363 

Hist.: DEQ 17-1996, f. & cert. ef. 8-14-96; DEQ 14-1999, f. & cert. ef. 10-14-99, Renumbered from 

340-030-0840; DEQ 3-2007, f. & cert. ef. 4-12-07 

340-242-0070 

What are the Major Requirements of ECO? 

To comply with ECO, employers must: 

(1) Conduct a baseline survey of employees to establish a baseline auto trip rate (or provide 

documentation ofthe current auto trip rate that is at least as accurate as a survey would provide); 

(2) Calculate a target auto trip rate by reducing the baseline auto trip rate by 10 percent; 

(3) Submit a registration fonn as supplied by the Department; 

(4) Design and implement a trip reduction strategy that has the potential to achieve the target auto trip 

rate by the target compliance deadline and the potential to maintain the target auto trip rate; 

(5) Either: 

Rules of this Division as last Posted by the SOS 0510112007 
Attachment 3.7, pg.5 

OREGON ADMINISTRATIVE RULES 

Chapter 340, Division 242 - Department of Environrnental Quality 

(a) Prepare and implement an auto trip reduction plan for each work site and submit the plan to the 

Department for approval; or 

NOTE: Enforcement will be based upon implementing the approved plan, see OAR 340-242-0110. 

(b) Provide written notice to the Department of participation in an equivalent commute trip reduction 

program. 

NOTE: Enforcement will be based on good faith effort, see OAR 340-242-0180 and special 

requirements in OAR 340-242-0110. 

(6) Survey employees every two years, report survey findings to the Department; and 

(7) Continue to implement strategies to achieve or maintain the target auto trip rate. 

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 

Stats. Implemented: ORS 468A.363 

Hist.: DEQ 17-1996, f. & cert. ef. 8-14-96; DEQ 14-1999, f. & cert. ef. 10-14-99, Renumbered from 

340-030-0860; DEQ 3-2007, f. & cert. ef. 4-12-07 

340-242-0080 


What are the Registration Requirements? 


(1) Employers must submit a registration form to the Department on forms provided by the Department. 

(2) Employers with multiple work sites may submit one application for all work sites. 

(3) Baseline survey findings must be submitted with the registration form in the format described on the 

registration form. 

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. 

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

Stat. Auth.: ORS 468.020 

Stats. Implemented: ORS 468A.363 

Hist.: DEQ 17-1996, f. & cert. ef. 8-14-96; DEQ 14-1999, f. & cert. ef. 10-14-99, Renumbered from 

340-030-0870; DEQ 3-2007, f. & cert. ef. 4-12-07 

340-242-0090 

Rules ofthis Division as last Posted by the SOS 05/0112007 
Attachment 3.7, pg.6 

OREGON ADMINISTRATIVE RULES 

Chapter 340, Division 242 - Department of Environmental Quality 

What are the Requirements for an Employee Survey? 

(1) Employers may use the survey form provided by the Department or an alternate instrument. Any 

alternate survey instrument must be approved by the Department before use and must provide an 

opportunity for employees to indicate an interest in a carpool matching program; 

(2) The employer must distribute the survey form to all employees and achieve a minimum response rate 

of75 percent; Ifthe employer cannot achieve the minimum response rate for follow-up surveys 

within a reasonable amount oftime, the Department will assign a single occupant vehicle mode to 

the percentage of employees who did not respond up to the 75% rate; 

(3) Employers with more than 400 employees at a work site may survey a statistically valid random 

sample of employees and must follow the Department's guidelines for random sampling; 

(4) Survey forms must be distributed during the week following a typical work week for the employer 

and not bordering a holiday; 

(5) The baseline survey must not be distributed to employees earlier than one year before reporting the 

results to the Department (older baseline surveys can be used to apply for credit, see OAR 340-242­

0250); 

(6) Follow-up surveys must not be distributed to employees earlier than 90 days before reporting the 

results to the Department; 

(7) Employers must report survey findings to the Department every two years, and; 

(8) An alternative method may be substituted for the survey. Alternative methods must be at least as 

accurate as survey findings and must be approved by the Department (such methods might include 

counting cars in an employee parking lot or conducting work site entrance verbal surveys). 

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

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

[ED. NOTE: Table referenced is available from the agency.] 

Stat. Auth.: ORS 468.020 

Stats. Implemented: ORS 468A.363 

Hist.: DEQ 17-1996, f. & cert. ef. 8-14-96; DEQ 14-1999, f. & cert. ef. 10-14-99, Renumbered from 

340-030-0880; DEQ 3-2007, f. & cert. ef. 4-12-07 

340-242-0110 

What If an Employer Does Not Meet the Target Auto Trip Rate? 

(1) An employer with an approved plan who has fully implemented its plan yet has not achieved its 

target auto trip rate by the target compliance date, or does not maintain its target rate on biennial 

Rules ofthis Division as last Posted by the SOS 0510112007 
Attachment 3.7, pg.7 

OREGON ADMINISTRATIVE RULES 

Chapter 340, Division 242 - Department ofEnvironmental Quality 

basis, must submit a revised plan within 60 days following the target compliance date in any given 

year. If an employer has not fully implemented its plan, the employer is subject to an enforcement 

action by the Department. 

(2) An employer participating in an equivalent commute trip reduction program who does not achieve its 

target auto trip rate by the target compliance date must demonstrate that a good faith effort was made 

to achieve the target rate. Requirements for documenting good faith effort are described in 340-242­

0180. The employer must also submit a trip reduction plan within 60 days following the target 

compliance date. If an employer cannot demonstrate that a good faith effort was made, the employer 

is subject to an enforcement action by the Department. 

(3) An employer will not be required to submit further plan revisions to its initial plan if, after fully 

implementing two revisions, the target auto trip rate is not reached. The employer must maintain 

strategies identified in its plan, or revisions to that plan, that resulted in improvements to the auto 

trip rate. 

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

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

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

Stat. Auth.: ORS 468.020 

Stats. Implemented: ORS 468A.363 

Hist.: DEQ 17-1996, f. & cert. ef. 8-14-96; DEQ 14-1999, f. & cert. ef. 10-14-99, Renumbered from 

340-030-0900; DEQ 3-2007, f. & cert. ef. 4-12-07 

340-242-0120 

How Will Employers Demonstrate Progress Toward the Target Auto Trip Rate? 

Employers must submit employee survey findings, including a calculated auto trip rate, to the 

Department. The Department will compare the reported auto trip rate with the employer's target auto trip 

rate. 

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

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

Stat. Auth.: ORS 468.020 

Stats. Implemented: ORS 468A.363 

Hist.: DEQ 17-1996, f. & cert. ef. 8-14-96; DEQ 14-1999, f. & cert. ef. 10-14-99, Renumbered from 

340-030-0910; DEQ 3-2007, f. & cert. ef. 4-12-07 

340-242-0160 

What Should Be Included in an Auto Trip Reduction Plan? 

Rules ofthis Division as last Posted by the SOS 05/0112007 
Attachment 3.7, pg.8 

OREGON ADMINISTRATIVE RULES 

Chapter 340, Division 242 - Department ofEnvironmental Qual~ 

An auto trip reduction plan must include: 

(1) The results ofthe baseline survey (or comparable documentation); 

(2) Calculation of baseline and target auto trip rates; 

(3) Any employee commute option programs currently in use at the work site; 

(4) New commute options to be implemented at the work site that have the potential to achieve and 


maintain the target auto trip rate; 


(5) Empirical evidence that the commute option(s) to be offered or supported by the employer have the 

potential to achieve and maintain the target auto trip rate (employers may reference the Department's 

report Alternatives to Single Occupant Vehicle Trips or provide equivalent documentation); 

(6) Any unique aspects ofthe business or work site influencing the trip reduction strategies selected; 

(7) A schedule for implementing each ofthe selected commute option measures; 

(8) Any alternative emission reduction proposals prepared by the employer according to OAR 340-242­

0240; 

(9) The name, title, telephone number, and business mailing address ofthe person designated by the 

employer as the contact for the work site (contact person does not have to be located at the work 

site); and a signed statement certifying that the documents and information submitted in the plan are 

true and correct to the best ofthat person's knowledge. 

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


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


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

Stat. Auth.: ORS 468.020 

Stats. Implemented: ORS 468A.363 

, Hist.: DEQ 17-1996, f. & cert. ef. 8-14-96; DEQ 14-1999, f. &·cert. ef. 10-14-99, Renumbered from 

340-030-0950; DEQ 3-2007, f. & cert. ef. 4-12-07 

340-242-0180 

What is a Good Faith Effort? 

Employers who participate in an equivalent commute trip reduction program and then fail to meet their 

target auto trip rates must demonstrate that a good faith effort was made to meet the target trip reduction. 

An employer must demonstrate good faith effort by submitting written documentation ofthe following: 

Rules ofthis Division as last Posted by the SOS 05/01/2007 
Attachment 3.7, pg.9 

OREGON ADMINISTRATIVE RULES 

Chapter 340, Division 242 - Department ofEnvironmental Quality 

(1) Employer established a baseline auto trip rate and corresponding target auto trip rate and conducted 

follow-up surveys to determine employee commute patterns and progress toward achieving the 

target trip reduction; 

(2) Employer selected trip reduction strategies that had a reasonable likelihood of success based on 

documentation in the Department's report Alternatives to Single Occupant Vehicle Trips or 

equivalent documentation (for example, auto trip reduction experience by employers in a 

comparable region); and 

(3) Employer fully implemented all selected strategies, or their equivalent, on a schedule that would 

have reasonably allowed the employer to achieve the target auto trip rate by the target compliance 

deadline. 

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

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

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

Stat. Auth.: ORS 468.020 

Stats. Implemented: ORS 468A.363 

Hist.: DEQ 17-1996, f. & cert. ef. 8-14-96; DEQ 14-1999, f. & cert. ef. 10-14-99, Renumbered from 

340-030-0970; DEQ 3-2007, f. & cert. ef. 4-12-07 

340-242-0190 

How Does the ECO Program Affect New Employers, Expanding Employers and Employers 

Relocating within the Portland AQMA? 

(1) An expanding employer who increases the number of employees at any single work site within the 

Portland AQMA to more than 100 after the effective date ofthe ECO rules must comply with the 

ECO rules. An employer relocating a work site within the Portland AQMA is considered a new 

employer upon relocation and must set a new baseline and target auto trip rate and comply with the 

ECO rules. Relocating employers may apply for credit for existing trip reductions that carry over to 

the new work site. Expanding employers and new employers must meet the requirements ofthis rule 

within the following number of days after they become I;lffected employers: 

(a) Survey employees and submit survey findings and a registration form within 90 days; 

(b) Select strategies that have the potential to meet the target trip reduction and submit a trip 

reduction plan or notice of intent to reduce trips without an approved plan within 180 days; and 

(c) Conduct follow-up surveys every two years and report findings to the Department within 90 days 

of surveying. 

(2) An employer affected by this rule may choose to demonstrate compliance through 340-242-0260(5) 

(use ofarea average rate). 

Rules ofthis Division as last Posted by the SOS OS/0I/200? 
Attachment 3,7, pg,10 

OREGON ADMINISTRATIVE RULES 

Chapter 340, Division 242 - Department ofEnvrronmental Quality 

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

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

Stat. Auth.: ORS 468.020 

Stats. Implemented: ORS 468A.363 

Hist.: DEQ 17-1996, f. & cert. ef. 8-14-96; DEQ 14-1999, f. & cert. ef. 10-14-99, Renumbered from 

340-030-0980; DEQ 3-2007, f. & cert. ef. 4-12-07 

340-242-0200 

Can a New or Relocating Employer Comply with ECO Through Restricted Parking Ratios? 

An employer locating at a work site within the AQMA after the effective date ofthe ECO rules will be 

exempt from the ECO rules for that work site if: 

(1) The new work site meets the requirements ofthe Department's Voluntary Parking Ratio rules (OAR 

340-242-0300 through 340-242-0390); or 

(2) Ifthe employer provides free or subsidized parking, including leased parking, above the 

Department's maximum parking ratio to any employees at the work site (except to employees 

required to have a vehicle at the work site as a condition of employment), then either: 

(a) A transportation allowance is offered to those employees provided free or subsidized parking that 

exceeds the Department's maximum parking ratio. The transportation allowance must be offered 

in lieu ofthe free or subsidized parking in an amount equal to or greater than the amount ofthe 

subsidy, but not to exceed the maximum allowed for transit by the Internal Revenue Service for 

the Qualified Transportation Fringe Benefits included under Section 132(F), Notice 94-3 ofthe 

tax code; or 

(b) All employees at the work site are offered a transit subsidy or its equivalent at least equal to 50 

percent ofthe value of a Tri-Met all-zone transit pass. 

(3) An employer must submit this documentation with an exemption application to the Department by 

the deadline for plan or notice submittal and certify that they continue to meet these requirements 

every two years. Employers meeting the requirements of this rule do not need to conduct a baseline 

survey of employees. However, employers whose applications are denied must then conduct a 

baseline survey and submit the findings to the Department within 90 days of notice by the 

Department. 

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 

Stats. Implemented: ORS 468A.363 

Hist.: DEQ 17-1996, f. & cert. ef. 8-14-96; DEQ 14-1999, f. & cert. ef. 10-14-99, Renumbered from 

340-030-0990; DEQ 3-2007, f. & cert. ef. 4-12-07 

Rules of this Division as last Posted by the SOS 05/0I/2007 
Attachment 3.7, pg. 11 

OREGON ADMINISTRATIVE RULES 

Chapter 340, Division 242 • Department of Environmental Quality 

340-242-0210 

Can an Existing Employer Comply with ECO Through Restricted Parking Ratios? 

An employer will be considered to have met the target trip reduction and is exempt from the ECO rules 

ifthe employer provides documentation ofthe following. An employer must submit this documentation 

with an exemption application to the Department by the deadline for plan or notice submittal and certify 

that they continue to meet these requirements every two years. Employers meeting the requirements of 

this rule do not need to conduct a baseline survey of employees. However, employers whose 

applications are denied must then conduct a baseline survey and submit the findings to the Department 

within 90 days of notice by the Department. 

(1) Work site is located in an area with maximum parking ratio requirements at least as stringent as the 

Department's maximum parking ratios (see OAR 340-242-0300 through 340-242-0390); 

(2) Free or subsidized all-day parking is generally unavailable within a one-half mile radius ofthe work 

site; and 

(3) If the employer provides free or subsidized parking, including leased parking, above the 

Department's maximum parking ratio to any employees at the work site (except to employees 

required to have a vehicle at the work site as a condition of employment), then either: 

(a) A transportation allowance is offered to those employees provided free or subsidized parking that 

exceeds the Department's maximum parking ratio. The transportation allowance must be offered 

in lieu ofthe free or subsidized parking in an amount equal to or greater than the amount ofthe 

subsidy, but not to exceed the maximum allowed for transit by the Internal Revenue Service for 

the Qualified Transportation Fringe Benefits included under Section 132(F), Notice 94-3 of the 

tax code; or 

(b) All employees at the work site are offered a transit subsidy or its equivalent at least equal to 50 

percent of the value ofa Tri-Met all-zone transit pass. 

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

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

Stat. Auth.: ORS 468.020 

Stats. Implemented: ORS 468A.363 

Hist.: DEQ 17-1996, f. & cert. ef. 8-14-96; DEQ 14-1999, f. & cert. ef. 10-14-99, Renumbered from 

340-030-1000; DEQ 3-2007, f. & cert. ef. 4-12-07 

340-242-0220 

What if an Employer Has More Than One Work Site Within the Portland AQMA? 

Rules ofthis Division as last Posted by the SOS 05/01/2007 
Attachment 3.7, pg. 12 

OREGON ADMINISTRATIVE RULES 

Chapter 340, Division 242 - Department of Environmental Quality 

(1) An employer with more than one work site in the Portland AQMA may average its target trip 

reduction among those work sites in the AQMA. An employer must survey all included work sites 

every two years. Survey findings may be reported in aggregate or separately. 

(2) One trip reduction plan may be developed for all work sites of an individual employer, but strategies 

must be selected based on the specific transportation characteristics of each work site. 

(3) Work sites with 100 or fewer employees may be included in the interest of averaging trip reductions 

among all work sites. Those work sites must then survey and fmdings must be included in the 

employer's report to the Department. 

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

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

Stat. Auth.: ORS 468.020 

Stats. Implemented: ORS 468A.363 

Hist.: DEQ 17-1996, f. & cert. ef. 8-14-96; DEQ 14-1999, f. & cert. ef. 10-14-99, Renumbered from 

340-030-1010; DEQ 3-2007, f. & cert. ef. 4-12-07 

340-242-0240 

Are There Alternatives to Trip Reduction? 

Alternatives to trip reduction include: 

(l) Employers may purchase surplus trip reductions from other employers required to comply with ECO 

to meet part or all of the target trip reduction. Surplus trips must be documented by survey before 

sale and must be maintained. The Department must approve proposed transactions prior to 

finalizing. The Department will confirm surplus trip transactions by letter to both employers. 

(2) Employers may substitute equivalent emission reductions to meet their target trip reduction. 

Equivalent emission reduction proposals must be included in the employer's trip reduction plan or 

submitted with the notice ofintent to comply without an approved plan. In order to receive credit as 

an equivalent emission reduction, the Department must review and approve proposals before an 

employer implements the strategy. Employers selecting equivalent emission reduction strategies ' 

must meet the following requirements: 

(a) Employer sufficiently documented emission calculations so that the Department can quantify and 

verify the reduction; 

(b) Employer calculated equivalent emissions according to guidelines issued by the Department. The 

Department must approve any alternate or modified calculation methods; 

(c) Employer submits, on the same schedule as the biennial survey findings, documentation of actual 

equivalent emissions achieved; 

Rules ofthis Division as last Posted by the SOS 05/0112007 
Attachment 3.7, pg.13 

OREGON ADMlNISTRATIVE RULES 

Chapter 340, Division 242 - Department of Environmental Quality 

(d) Equivalent emission reductions may not be bought or sold between employers for the purpose of 

meeting the target trip reduction. 

(3) Employers may contribute to an emission reduction fund at an annual rate of $1 00 per employee at 

the work site (see OAR 340-242-0060 to determine count of employees). An employer making 

partial progress toward the target trip reduction may choose to contribute proportionate to the 

percentage ofthe target trip reduction yet to be achieved. The emission reduction fund will be 

administered through Metro for new transit service, local jurisdiction alternative mode projects, and 

business-based Transportation Management Association (TMA) programs that result in trip 

reductions. Employers must make annual payments over the compliance period. The amount will be 

adjusted annually according to the Consumer Price Index. 

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 

Stats. Implemented: ORS 468A.363 

Hist.: DEQ 17-1996, f. & cert. ef. 8-14-96; DEQ 14-1999, f. & cert. ef. 10-14-99, Renumbered from 

340-030-1030; DEQ 3-2007, f. & cert. ef. 4-12-07 

340-242-0260 

Can Employers Get Credit for Existing Trip Reduction Programs? 

The Department may grant credits for documented trip reductions that occurred at an employer's work 

site any time before establishing a baseline auto trip rate. Credits will be granted upon approval by the 

Department. The Department will approve or deny the employer's request for credit by letter to the 

employer. If the employer objects to any condition or limitation in that letter, the employer may request 

a contested case hearing as described in OAR 340-242-0170. 

(1) Employers must demonstrate that pre-existing trip reduction programs resulted in actual trip 

reductions by providing: 

(a) A description ofthe trip reduction programs and how they were implemented; 

(b) The period of time that the programs have been in place; 

(c) Survey findings or comparable documentation that demonstrates a ten percent reduction in the 

auto trip rate for the work site; and 

(d) Current survey findings or comparable documentation verifying the employer has maintained the 

reduced auto trip rate. 

(2) Applications for credits must be submitted to the Department with the trip reduction plan or notice of 

intent to reduce trips through participation in an equivalent commute trip reduction program. 

Rules ofthis Division as last Posted by the SOS 05/01/2007 
Attachment 3.7, pg. 14 

OREGON ADMINISTRATIVE RULES 

Chapter 340, Division 242 - Department ofEnvironmental Quality 

(3) Credits will not be discounted and will be granted on a one-for-one basis. 

(4) Trips documented for the purpose ofreceiving credits may not be bought or sold to other employers 

for the purpose ofmeeting the target trip reduction. 

(5) Alternately, an employer may choose to provide documentation that its single occupant vehicle 

commute rate, at the time ofregistration, is equal to or less than two standard deviations below the 

mean rate for the Metro transportation zone which includes the employer's work site. Commute data 

for Metro's transportation zones is available from the Department. 

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

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

Stat. Auth.: ORS 468.020 

Stats. Implemented: ORS 468A.363 

Hist.: DEQ 17-1996, f. & cert. ef. 8-14-96; DEQ 14-1999, f. & cert. ef. 10-14-99, Renumbered from 

340-030-1050; DEQ 3-2007, f. & cert. ef. 4-12-07 

340-242-0270 

Are Exemptions Allowed if an Employer is Unable to Reduce Trips or Take Advantage of 

Alternate Compliance Options? 

(1) An employer is fully exempt from OAR 340-242-0010 through 340-242-0290 ifthe employer 

submits reasonable documentation for each ofthe following: 

(a) Work site is located in an area for which: 

(A) Public transit service during work shift changes is less frequent than thirty minute intervals; 

or 

(B) The public transit service point is further than one-half mile from employee's usual parking 

area; or 

(C) Work shift changes occur between 8:30 p.m. and 5:30 a.m .. 

(b) Upon completing the employee survey and providing reasonable promotion for a carpool 

matching program, employees indicating a willingness to car/vanpool cannot be matched within 

the work site or through Tri-Met's carpool matching database or employee turnover rate is 

greater than 50 percent per year; 

(c) The nature of employees' work requires them to perform their work at the work site or during 

specific hours and days, eliminating the possibility oftelecommuting or compressed work 

weekslhours; and 

Rules ofthis Division as last Posted by the SOS 05/0112007 
Attachment 3.7, pg. 15 

OREGON ADMINISTRATIVE RULES 

Chapter 340, Division 242 - Department of Environmental Quality 

(d) No options exist for the employer to achieve equivalent emission reductions at no net annualized 

cost to the employer (including both capital and operating costs). 

(2) Partial exemptions. 

(a) The Department will grant a partial exemption for that portion of an employer's work force for 

which sections (l)(a) through (c) ofthis rule apply; 

(b) The Department will grant a partial exemption for section (1)( d) ofthis rule in direct proportion 

to the remaining work trips to be reduced after quantifying all available equivalent emission 

reductions. 

(3) Employers must submit requests for partial or total exemptions to the Department, on application 

forms provided by the Department, by the deadline for plan or notice submittal. The Department will 

approve or deny the employer's request for exemption by letter to the employer. Ifthe employer 

objects to any condition or limitation in that letter, the employer may request a contested case 

hearing as described in OAR 340-242-0170. 

(4) Employers must renew requests for exemptions every three years. 

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 

Stats. Implemented: ORS 468A.363 

Hist.: DEQ 17-1996, f. & cert. ef. 8-14-96; DEQ 14-1999, f. & cert. ef. 10-14-99, Renumbered from 

340-030-1060; DEQ 3-2007, f. & cert. ef. 4-12-07 

340-242-0280 

Participation in the Industrial Emission Management Program 

Employers that donate unused Plant Site Emission Limit (PSEL) to the Department's Industrial Emission 

Management program (see OAR 340-242-0400 through 340-242-0440) are exempt from the ECO rules. 

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

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

Stat. Auth.: ORS 468.020 

Stats. Implemented: ORS 468A.363 

His!.: DEQ 17-1996, f. & cert. e£ 8-14-96; DEQ 14-1999, f. & cert. ef. 10-14-99, Renumbered from 

340-030-1070; DEQ 3-2007, £ & cert. ef. 4-12-07 

340-242-0290 

What Kind of Records Must Be Kept and for How Long? 

Rules of this Division as last Posted by the SOS 05/0112007 
Attachment 3.7, pg. 16 

OREGON ADMINISTRATIVE RULES 

Chapter 340, Division 242 - Department of Environmental Quality 

Employers must maintain records at the work site or other central location within the Air Quality 

Maintenance Area for at least three years, and must make those records available to the Department 

upon request. Records must include: 

(1) The contents and results of employee surveys or other information gathering efforts; 

(2) A full description of all measures and incentives offered to employees and the associated employee 

responses; 

(3) Other information associated with the development, implementation, evaluation, or modification of 

the trip reduction program. 

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 

Stats. Implemented: ORS 468A.363 

Hist.: DEQ 17-1996, f. & cert. ef. 8-14-96; DEQ 14-1999, f. & cert. ef. 10-14-99, Renumbered from 

340-030-1080; DEQ 3-2007, f. & cert. ef. 4-12-07 

Industrial Emission Management Program 

340-242-0400 

Applicability 

(1) OAR 340-242-0430 through 340-242-0440 apply to all sources ofVOC or NOx that are required to 

provide a net air quality benefit under the provisions of OAR 340-225-0090 for the Portland Air 

Quality Maintenance Area (AQMA). 

(2) OAR 340-242-0430 and 340-242-0440 apply to new major sources and major modifications that 

emit CO within the Portland Metro Area, including new major sources and major modifications 

outside the Portland Metro Area that have a significant air quality impact within this area. 

NOTE: These rules are 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 

Stats. Implemented: ORS 468A.025 

Hist.: DEQ 17-1996, f. & cert. ef. 8-14-96; DEQ 14-1999, f. & cert. ef. 10-14-99, Renumbered from 

340-030-0700; DEQ 3-2007, f. & cert. ef. 4-12-07 

340-242-0410 

Definition of Terms 

Rules ofthis Division as last Posted by the SOS 05/0112007 
Attachment 3.7, pg. 17 

OREGON ADMINISTRATIVE RULES 

Chapter 340, Division 242 - Department of Environmental Quality 

The definitions in OAR 340-200-0020,340-204-0010 and this rule apply in OAR 340-242-0400 through 

340-242-0440. Ifthe same term is defined in this rule and OAR 340-200-0020 or 340-204-0010, the 

definition in this rule applies in OAR 340-242-0400 through 340-242-0440. 

(1) "PSEL" means the Plant Site Emission Limit of an individual air pollutant specified in an Air 

Contaminant Discharge Permit or Title V permit issued to a source by the Department, pursuant to 

OAR 340 division 216 or 218. 

(2) "Unused PSEL" means the difference between a source's actual emissions and its permitted level or 

PSEL in 1990 or 1992, whichever is lower, as determined through the Department's emission 

inventory data. 

(3) "Unused PSEL Donation Source" means any source that voluntarily returned to the Department 

unused PSEL, as part ofthe Unused PSEL Donation Program in OAR 340-242-0420. 

NOTE: These rules are included in the State ofOregon Clean Air Act Implementation Plan as adopted 

by the Environmental Quality Commission under OAR 340-200-0040. 

Stat. Auth.: ORS 468.020 

Stats. Implemented: ORS 468A.025 

Hist.: DEQ 17-1996, f. & cert. ef. 8-14-96; DEQ 14-1999, f. & cert. ef. 10-14-99, Renumbered from 

340-030-0710; DEQ 3-2007, f. & cert. ef. 4-12-07 

340-242-0420 

Unused PSEL Donation Program 

(1) This program encourages owners or operators ofVOC and NOx sources identified in OAR 340-242­

0400(1) to donate unused PSEL to the Department. Under this program, donations can be either 

permanent or temporary. For a source to participate in this program it must have entered into an 

agreement with the Department prior to January 1,2006. 

(2) VOC sources donating at least 35 percent oftheir unused PSEL and NOx sources donating at least 

50 percent oftheir unused PSEL will receive the following incentives and considerations from the 

Department for participating in this program: 

(a) Exemption from the Employee Commute Options (ECO) Program in OAR 340-242-0010 

through 340-242-0290 for the duration ofthe Portland Ozone Maintenance plan; 

(b) Priority permit processing for any required air quality permit; 

(c) In accordance with OAR 340-242-0430 and 340-242-0440(1), priority use of up to 50 percent of 

any remaining growth allowance. This applies only to sources making permanent donations, 

pursuant to section (3) of this rule; and 

Rules ofthis Division as last Posted by the SOS 05/0112007 
Attachment 3.7, pg.18 

OREGON ADMlNISTRA TIVE RULES 

Chapter 340, Division 242 - Department ofEnvironmental Quality 

(d) Other considerations may be added to the donation agreement on a case-by-case basis, consistent 

with the Department's rules and statutes. 

(3) The Department will adjust the PSEL ofsources providing permanent donations to reflect the 

emissions donated. Permanent donations will result in adjustment to the source's baseline emission 

rate and PSEL, consistent with the definition of "major modification" under OAR 340-200-0020 and 

changes to PSELs required by rule under OAR 340-222-0040. 

(4) Sources participating in this program must enter into a donation agreement with the Department that 

identifies the commitments of both parties. Any such agreement is legally binding and enforceable. 

NOTE: These rules ~e included in the State ofOregon Clean Air Act Implementation Plan as adopted 

by the Environmental Quality Commission under OAR 340-200-0040. 

Stat. Auth.: ORS 468.020 

Stats. Implemented: ORS 468A.025 

Hist.: DEQ 17-1996, f. & cert. ef. 8-14-96; DEQ 14-1999, f. & cert. ef. 10-14-99, Renumbered from 

340-030-0720; DEQ 3-2007, f. & cert. ef. 4-12-07 

340-242-0430 

Industrial Growth Allowances 

(1) This rule establishes industrial growth allowances for sources identified in OAR 340-242-0400. The 

amount of each growth allowance is defined in the State Implementation Plan and is on file with the 

Department. 

(2) The owner or operator of a proposed new major source or major modification emitting VOCs, NOx, 

or CO may obtain a portion of the respective growth allowance pursuant to OAR 340-242-0440. 

(3) Ifno emissions remain in the respective growth allowance, the owner or operator ofthe proposed 

major source or major modification shall provide offsets for CO emissions at a 1 to 1 ratio, and for 

VOC and NOx emissions at a 1.1 to 1 ratio (i.e., demonstrate a 10% new reduction). 

NOTE: These rules are included in the State of Oregon Clean Air Act Implementation Plan as adopted 

by the Environmental Quality Commission under OAR 340-200-0040. 

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

Stat. Auth.: ORS 468.020 

Stats. Implemented: ORS 468A.025 

Hist.: DEQ 17-1996, f. & cert. ef. 8-14-96; DEQ 14-1999, f. & cert. ef. 10-14-99, Renumbered from 

340-030-0730; DEQ 3-2007, f. & cert. ef. 4-12-07 

340-242-0440 

Rules ofthis Division as last Posted by the SOS 05/0112007 
Attachment 3.7, pg. 19 

OREGON ADMINISTRATIVE RULES 

Chapter 340, Division 242 - Department of Environmental Quality 

Industrial Growth Allowance Allocation 

(1) The owner or operator of a proposed new major source or major modification emitting VOCs, NOx, 

or CO, as identified in OAR 340-242-0400, may obtain a portion of any remaining emissions in the 

respective growth allowance in accordance with procedures described in the State Implementation 

Plan that is on file with the Department, and based on the following conditions: 

(a) Access is on a first-come-first-served basis, based on the submittal date of a complete permit 

application; 

(b) Unused PSEL donation sources that meet the donation criteria specified in OAR 340-242­

0420(2) have priority access to their respective growth allowance as a "tie-breaker" over nondonation sources; 

(c) Except as provided below, no single source may receive an emissions allocation of more than 

1,000 tons of either VOC or NOx or more than 50% of any remaining growth allowance; and 

(d) A single source must apply to the Environmental Quality Commission to receive more than 1,000 

tons of VOC or NOx, but in no case more than 50% ofthe remaining growth allowance. To 

apply, soUrces must submit air quality and other information as required by the Department 

justifying its request and must include information on significant economic, employment, or 

other benefits to the Portland area that will result from the proposed new major source or major 

modification, and the availability of emissions offsets. DEQ will evaluate ozone levels and 

expected trends to determine whether the proposed facility poses any risk to maintaining 

compliance with the ozone air quality standard prior to making a recommendation to the EQC 

regarding the source application. 

(2) The amount ofthe CO growth allowance that can be allocated is identified in the Portland Area 

Carbon Monoxide Maintenance Plan, Section 4.58 of Volume 2 ofthe State Implementation Plan on 

file with the Department. 

NOTE: These rules are included in the State of Oregon Clean Air Act Implementation Plan as adopted 

by the Environmental Quality Commission under OAR 340-200-0040. 

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

Stat. Auth.: ORS 468.020 

Stats. Implemented: ORS 468A.025 

Hist.: DEQ 17-1996, f. & cert. ef. 8-14-96; DEQ 14-1999, f. & cert. ef. 10-14-99, Renumbered from 

340-030-0740; DEQ 10-2004, f. & cert. ef. 12-15-04; DEQ 3-2007, f. & cert. ef. 4-12-07 

Rules of this Division as last Posted by the SOS 05/01/2007 

Attachment 3.8 


(Placeholder - See Notebook listed below) 


PortlandNancouver and Salem/Keizer AQMA 

Effective Date: April 12, 2007 

Notebook: 


3.8. 	SIP Volume 2 Section 4.50: 

PortlandNancouver and SalemlKeizer AQMA 

Ozone Maintenance Plan with appendices. 

Effective April 12, 2007. 

Attachment 3.9 

(Placeholder - See Notebook listed below) 

SIP Volume 3 Section 4.50 SIP Emission 

Inventory for Ozone 

Notebook: 

3.9 	 SIP Volume 3 Section 4.50: 

SIP Emission Inventory for Ozone. 
j 
Attachment 4 

Evidence that the State followed the Administrative 

Procedures Act 

4.1 	 Public notice in the Secretary of State's Oregon Bulletin, June 1, 

2006. 

4.2 	 Certificate and Order for Filing Pennanent Administrative Rules, filed 

April 12, 2007. 

Attachment 4.1, pg. 1 

Oregon Bulletin 

June 1,2006 

Notices of Proposed Rulemaking and Proposed Rulemaking Hearings 

Rule Caption: Portland-Vancouver and Salem Ozone Maintenance Plan and Supporting Rule Revisions. 

Date: Time: Location: 

7-11-06 1:30 DEQ Salem Office 

750 Front St., Suite 120 

Salem, OR 

7-11-06 6:30 DEQRm.3A 

811 SW Sixth Ave. 

Portland, OR 

Hearing Officer: Rachel Sakata, DEQ 

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

Other Auth.: Federal Clean Air Act 

Stats. Implemented: ORS 468A.025, 468A.035 & 468A.363 

Proposed Amendments: 340-018-0030, 340-200-0040, 340- 202-0090,340-204-0010,340-204-0030,340­

204-0040,340-224-0050,340-224-0060, 340-225-0090, 340-232-0010, 340-232-0020, 340-242-0010, 340-242­

0020, 340-242-0030, 340-242-0040, 340-242-0050, 340-242-0070, 340-242-0080, 340-242-0090, 340-242­

0110,340-242-0120,340-242-0180, 340-242-0190, 340-242-0200, 340-242-0210, 340-242-0220, 340-242­

0240,340-242-0260,340-242-0270,340-242-0280,340-242-0400,340-242-0410,340-242-0420,340-242­

0430,340-242-0440 

Proposed Repeals: 340-242-0100, 340-242-0130 

Last Date for Comment: 7-14-06, 5 p.m. 

Summary: The Oregon Department of Environmental Quality (DEQ) is updating the clean air plan for 

maintaining compliance with the federal 8-hour ozone ambient air quality standard in the Portland area, and 

developing a maintenance plan for the Salem area, as required by the federal Clean Air Act. This rulemaking 

also proposes to update DEQ's rules to reflect the federal ozone ambient air quality standard, designate Salem as 

an ozone "maintenance" area under state rules, modify Salem's new source review requirements for new and 

expanding major industry, modify Portland-area rules regarding Employee Commute Options, update rules for 

the Industrial Emission Management program in Portland, and make housekeeping changes to clarify the 

spelling ofthe Salem-Keizer Area Transportation Study air quality area. 

To submit comments or request additional information, please contact Marianne Fitzgerald at the Department of 

Environmental Quality (DEQ), 811 SW Sixth Avenue, Portland, Oregon 97204, toll free in Oregon at 800-452­

4011 or (503) 229-5946, or at fitzgerald.marianne@deq.state.or.us, or by fax (503) 229-5675, or visit DEQ's 

website http://www.deq.state.or.us/news/publicnotices/ 

Rules Coordinator: Larry McAllister 

Address: Department of Environmental Quality, 811 SW Sixth Ave., Portland, OR 97204 

Telephone: (503) 229-6412 

DEOnt 4.2, pg.1 

Secretary of State 

Certificate and Order for Filing APR 16 2007 PERMANENT ADl\fINISTRATIVE RULES 

I certify that the attached copies* are true, full and correct copies of the PERMANENT RuJe(s) adopted on February 22, 2007 by the Oregon 

Environmental Quality Commission. 

;!::EO!;!n:.:.VIr~·.o<o~n~m""e~n,-"tal=-:Q:L.u::!:ali=·tv:oL...:C""o""m=ml=.·s""s""io~n:..t,"",o,-,b:<.:e::..a~d,.,m=in=.is:::.:t:::e~re::::d::..b:<.y.%..:'='D:..:oE;;:.:Q",--_______----'-___""'O'-','-AR-:=. Chapter 340 

Agency and Division Administrative Rules Chapter Nwnber 

Lan;y McAllister 

Agency Rules Coordinator 

503-229-6412 

Telephone 

811 SW Sixth Avenue, Portland, OR 97204 

Address/email 

mcallister.l~deq.state=.o""r",""u=s,,---___ 

to become effective upon filing. RuJemaking Notice was published in the May 2006 Oregon Bulletin. ** 

RULE CAPTION 

Portland-Vancouver and Salem Ozone Maintenance Plan and Supporting Rule Revisions 

RULEMAKING ACTION 

ADOPT: N/A 

AMEND: OAR 340-200-0025, 340-200-0040, 340- 202-0090, 340-204-0010, 340-204-0030, 340-204-0040, 340-224-0050, 340-224­

0060,340-225-0090 340-232-0010,340-232-0020,340-242-0010,340-242-0020,340-242-0030,340-242-0040,340-242-0050,340­

242-0070,340-242-0080,340-242-0090, 340-242-0110, 340-242-0120, 340-242-0160, 340-242-0180, 340-242-0190, 340-242-0200, 

340-242-0210, 340-242-0220, 340-242-0240, 340-242-0260, 340-242-0270, 340-242-0280, 340-242-0290, 340-242-0400, 340-242­

0410,340-242-0420,340-242-0430,340-242-0440 

REPEAL: 340-242-0100,340-242-0130 

RENUMBER: N/A 

AMEND AND RENUMBER: N/A 

~~-~-------------~--.~~~---~.--

Statutory Auth.: ORS Chapter 468, Chapter 468A, 468.020 and 468A.025 

Other Authority: Federal Clean Air Act 

Statutes Implemented: ORS 468A.025, and 468A.035, 468A.363 

RULE SUMMARY 

The Oregon Depat1ment ofEnvironmental Quality (DEQ) updated the clean air plan. for maintaining compliance "With the federal 8­

hour ozone ambient air quality standard in the Portland area, and developed a maintenance plan for the Salem area, as required by the 

federal Clean Air Act. This rulemaking also updated DEQ's rules to reflect the federal ozone ambient air quality standard, designated 

Salem as an ozone "maintenance" area under state rules, modified Salem's new source review requirements for new and expanding 

major industry, modified Portland-area rules regarding Employee Commute Options, updated rules for the Industrial Emission 

Management program in Portland, and made housekeeping changes to clarifY the spelling ofthe Salem-Keizer Area Transportation 

Study air quality area. 

Au ori2ed SIgner 

Larry MeAl hs~__~ Printed name 

"Copies include a photocopy of this certificate with paper and electronic copies ofeach rule listed in the Rulemaking Action. 


""The Orego/! Bulletin is published on the I st ofeach month and updates the rule text found in the Oregon Administrative Rules Compilation. Notice fonns must be submitted to the 


Administrative Rules Unit, Oregon State Arehives, 800 Summer Street NE. Salem, Oregon 97310 by 5:00 pm on the 15th day ofthe 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 


12-27-05 

Attachment 5 


Evidence of Adequate Public Notice 


5.1 	 Affidavit of Publication: The Oregonian, Notice of June 1,2006 

publication. 

5.2 	 Affidavit of Publication: The Salem Statesman Journal, Notice of June 

l, 2006 publication. 

Attachment 5.1, pg. 1 

Practically Indispensable. 

020 SW Broadway, Portland, OR 9720i-3499 

RECEIVED 

MAY 04 lOn? 

Affidavit of Publication 

NOTICE OF PUBLIC HEARING ON PROPOSEDAIR QUALITY RULE AMENDMENTSThe Department of Environmental 

Quality (DEQ) is proposing that the Environmental Quality Commission (EQC) revise the State Implementation Plan by 

adopting a Portland-Vancouver Air Quality Maintenance Area (Oregon Portion) and Salem-Keizer Area Ozone Maintenance 

Plan. If adopted, the proposed plan and rule· amendments will be submitted to the US Environmental Protection Agency 

(EPA) as revisions to the Oregon State Implementation Plan, which is a requirement of the Clean Air Act. 

DEQ is updating the plan for maintaining compliance with the federal 8-hour ozone ambient air quality standard in the 

Portland area, and developing a maintenance plan for the Salem area. This rulemaking also proposes to update DEQ's rules 

to reflect the federal ozone ambient air quality standard, designate Salem as an ozone "maintenance" area under state rules, 

modify Salem's new source review requirements for new and expanding major industry, modify Portland-area rules regarding 

Employee Commute Options, update rules for the Industrial Emission Management program in Portland, and make 

housekeeping changes to clarify the spelling of the Salem-Keizer Area Transportation Study air quality area. 

DEQ will hold public hearings on the above proposal on July 11, 1006: 

1 :30 pm, July 11 DEQ Western Region750 Front Street NE, Suite 120Salem 

6:30 pm, July 11 DEQ Headquarters, Room 3A811 SW Sixth AvenuePortlandDEQ staff will preside at the hearings where 

both oral and written comments may be presented. Written comments may also be submitted to the attention of Marianne 

Fitzgerald at Oregon DEQ, Air Quality Division, 811 SW Sixth Avenue, Portland OR 97204, or faxed to (503) 229-5675. 

Comments may also be submitted by email tofitzgerald.marianne@deq.state.or.us. All comments must be received no later 

than July 14, 2006 at 5:00 pm. 

Copies of the proposed rules and rule packages are available for review at DEQ's Air Quality Division, 811 SW Sixth in 

Portland, and DEQ's Western Region Office, 750 Front Street NE, Suite 120, in Salem. Copies of the rulemaking package 

are also available online at http://www.deq.state.or.us/aq.htm or call 229-5946. 
1/2006 

Attachment 5.1, pg. 2 

.Practically Indispensable. 

1320 SW Broadway, Portland, OR 97201-3499 RECEIVED 

MAY 041007 

Affidavit of Publication 

rtf. JL9~ r M.~ duly sworn depose and say that I am the Principal Clerk OfThe Publisher ofThe 

'egonian, a newspaper of general circulation" as defined by ORG 193.010 and 193.020, published in the city ofPortland, in 

ultnomah County, Oregon; that the advertisement, the printed text ofwhich is shown below, was published without interruption 

the entire and regular issue The Oregonian or the issue on the following dates: 

OFFICIAL SEAL 


ALAN COLLINS 


NOTARY PUBUC-OREGON 


COMMISSION NO. 386700 


MY COMMISSION EXPIRES DEC. 26. 2008 Subscribed -r-r/'.Y­ QA)JiM01::e me this date: 

Notary: 

Ad Order Number: 0001826623 

o ~~~ ~ ~ ~-\ 

nJ JUri U5 2006 

Accounting OtUce 


f)ept. of Envlronmenta\ Qualitv 

NOTICE OF PUBLIC .HEARlNG ON PROPOSED AIR QUALITY RULE 

AMENDMENTS 

The Department of Environmental Quality (DEQ) ii proposing'tha:! the Environmeotal 

Quality Commission (EQc) revise the Stale Implementation Plan by adopting a Port· 

land· Vancouver Air Quality Mainrenance Area (Oregon Portion) and Salem-Keizer Area 

Ozone Maintenance Plan. If adopted, the proposed plan and rule amendments will be 

submitted to the US Environmental Protection Agency (EPA) as revisions to the Oregon 

State Implementation Plan, which is a requirement ofthe Clean Air Act. 

DEQ is updating the plan for maintaiDiDg compliance with the federal 8-hour OZOne 

anthient air quality standard in the Portland area. and developing a maintenance plan for 

the Salem area. This rulemaking also proposes to updale DEQ's rules to retlect the feder· 

al ozone ambient air quality standard, designate Salem as an ozOne 'maintenance" area 

under state rules, modify Salem's new source review requirements for new and expanding major industry. modify Portland-area rules regarding Employee Commute Options, 

update rules for the Industrial Emission Management program in Portland, and make 

bousekeeping changes to clarify the spelling of the Salem·Keizer Area Transportation 

Study air quality area. . 

DEQ will bold public hearings on ibe above proposal on July n, 2006: 

I:30 pm, July 11 

DEQ Western Region 

750 Front Street NE, Suite 120 

Salem 

6:30 pm, July II 


DEQ Headquarters. Room 3A 


811 SW Sixth Avenue 


Portland 


DEQ staffwill preside at the bearings wbere both oral and written comments may be pre· 

sented. Written comments may also be submitted to the atteotion ofMarianne Fitzger· 

ald at Oregon DEQ, Air Quality Division., 811 SW Sixth Avenue. Portland OR 97204, Of 

faxed to (503) 229-5675. Comments may also be submitted by email to fitzgerald.mari. 

anne@deq.state.or.us.All comments must be received no later than July 14, 2006 at 5:00 

pm. 

Copies of the proposed rules and rule packages are available for review at DEQ's Air 

Quality Division. 811 SW Sixth in Portland, and DEQ's Western Region Office, 750 

Front SIreet NE, Suite 120, in Salem. Copies ofthe rulemaking package are also avail· 

able online at bttp·!iwww deg.state.Of.uslllQ btrn or call 229-5946. . .' 

Statesman Journal June 1,2006 

Attachment 5.2, pg. 1 

STATE OF OREGON, . }ss. 

County ofManon, ., 

I Leah Thibeau...................................................being 

First duly sworn., dispose and say that I am the principal clerk of the 

Statesman Journal, a newspaper of general circulation as defined by 

Sections 193.010 to 193.110, Oregon revised Statutes; printed and 

Published at Salem in the aforesaid COWlty and state; that the 

RE- PUBLIC NOTICE - OREGON DEPARTMENT OF 

ENVIRONMENTAL QUALITY - Notice of Public Hearing on 

Air Quality Rule Amendments 

Emma Snodgrass 

Ad # 11290143 

a printed copy of which is hereby annexed, was published in the 

entire issue of said newspaper for ......ONE..•....successive and 

consecutive times in the following issues - June 1,2006 

Subscribed and sworn to me this .d,jJ .,ul ________ 

Day of F-~,2006 

My Commission expires ~«4Z:.(j 2dOI 

Attachment 6 


Certification of public hearing 


See paragraph three of cover letter and Attachment 7.1 

Attachnlent 7 

Compilation of Public Comments and Department's 

Response 

7.1 	 Presiding Officer's Report for Rulemaking Hearings dated July 20, 

2006. 

7.2 	 Compilation of Public Comment. 

Attachment7.1, pg.1 

Attachment C 

State of Oregon 

Department of Environmental Quality Memorandum 

Presiding Officer's Report 


Date: July 20, 2006 

To: Environmental Quality Commission 

From: Rachel Sakata 

Subject: Presiding Officer's Report for Rulemaking Hearing 

Title ofProposal: Portland-Vancouver and Salem Ozone Maintenance Plan and 

Supporting Rule Revisions 

Hearing Date and Time: July 11, 2006, 1 :30 PM 

Hearing Location: DEQ Regional Office Building, 750 Front Street 

NE, Suite 120, Salem, OR 

Hearing Date and Time: July 11, 2006, 6:30 PM 

Hearing Location: DEQ Headquarters, Room 3A, 811 SW 6th Ave., 

Portland, OR 

The following is a summary ofwritten and oral comments received at the hearing. The 

Department will include these comments in the Summary of Comments and Agency Responses 

for this rulemaking. 

Salem Hearing 

Before the hearing the rulewriter, Marianne Fitzgerald, gave a brief presentation and answered 

questions on the rulemaking proposaL 

At the start ofthe hearing, Rachel Sakata asked people to sign registration forms ifthey wished 

to present comments and briefly explained the procedures for the hearing. People were also 

advised that the hearing was being recorded. 

The Department convened the rulemaking hearing on the proposal referenced above at 2:30 PM 

and closed it at 2:40 PM. 3 people attended the hearing; 2 people commented. 

Ellen Twist Private citizen 

Ms. Twist does not agree with relaxing the standards in Salem. 

117 

Attachment 7.'1, pg. 2 ' 

Memo To: Environmental Quality Commission 

Page 2 

Richard Scott Private citizen 

Mr. Scott testified that he did not agree with changing the rules to allow industry to emit 

more pounds ofpollution in Salem. He also expressed concern over staff proje<;tions that 

projected NOx source category emissions will see decreases over time, but that industry 

emissions ofNO x will remain relatively the same. Because ofthat, he does not agree with the 

provision to change the standards to allow room for industrial growth. 

Portland Hearing 

The Department convened the rulemaking hearing on the proposal referenced above at 6:35 PM. 

No one attended the Portland hearing. DEQ staff remained available in case any latecomers 

wished to testify. No one came, so DEQ closed the hearing at 7:00 PM. 

.. .I 8 .... 1. 
Attachment 7.2, pg. 1 

Attachment B 

Summary of Public Comment and Agency Response 

Title of Rulemaking: Portland-Vancouver and Salem Ozone Maintenance Plan 

and Supporting Rule Revisions 

Prepared by: Marianne Fitzgerald Date: October 30,2006 

The public comment period opened on June 1, 2006 and closed at 5:00 p.m. 

Comment on July 14, 2006. DEQ held public hearings on July 11, 2006 at 1 :30 pm in 

period Salem and 6:30 pm in Portland. Three people attended the Salem hearing 

and two people testified. No one attended the Portland hearing. Twelve 

commenters submitted written comments during this time period. 

Summaries of individual comments and the Department's responses are 

Organization provided below. Similar comments are grouped together. The persons who 

of comments provided each comment are referenced by number. A list of commenters 

and and their reference numbers follows the summary of comments and 

responses responses. 

r

I--_----:-__~_~= Summ~!Y.!?Lc;omments andAgency ResponseS-------~ 

Comment 1 


Commenters 


Response 


Do not relax industrial standards in Salem. -~------------. ----.----­ 1, 4, 5, 6, 8, 13, 14 _ 

DEQ rece.ived a number of comments from citizens in Salem who had read a 

local newspaper article indicating that DEQ proposed to relax industrial 

standards. DEQ has not proposed any relaxation in requirements for existing 

industrial sources. DEQ has proposed to change the emission control 

technology requirements for new or expanding major sources. 

Because of Salem's nonattainment status, new and expanding major industry 

must currently install the most stringent level of emission control technology, 

known as "Lowest Achievable Emission Rate" (LAER). LAER is typically 

required in areas violating or at risk of violating air quality standards and 

must be installed regardless of cost. Under Salem's proposed maintenance 

plan, new and expanding major industry would no longer be required to 

install LAER, but would instead be required to install UBest Available Control 

Technology" (BACT). BACT is typically used in maintenance and attainment 

areas that are in compliance with air quality standards. DEQ determines 

BACT for each new and expanding industrial source by using a process that 

begins with evaluating LAER technologies. If a new, or expanding major 

source demonstrates that the cost of installing LAER is unusually high 

compared to the cost of installation of LAER at other similar facilities, the 

control level required as BACT can be less stringent than LAER. BACT 

provides an equivalent or very high level of emission control that would not 

interfere with maintenance of the ozone air quality standard. 

The Salem area has not seen an exceedance of ozone standards in ten 

years and is at low risk of future ozone violations. In addition, new major 

sources represent a very small portion of emissions of volatile organic 

_c,Eme()unds_(VOC) and nitrogen oxides (NOx) in the Salem area. Therefor~,

1 

'( 1 ') ....... 

--- ---

Attachment 7.2, pg.2 

Attachment B 

DEO recommends BACT as an appropriate level of emission control for 

future new and expanding major industry. This is the same level of control ( 

that has been required in Portland since 1997 to ensure that new and 

expanding major industry does not interfere with long-term maintenance of 

the ozone standard. 

Commenters 

Comment 2 

7.10,11 

DEO should adopt the maintenance 

_ 

plan and 

______

rules as proposed. 

___ 


~ 

Response DEO recommends that the EOC adopt the maintenance plan and rules as 


_---,-,-r_oposed. with the revisions discussed in the rule adoption package. __ 


- Comment 3 DEO public notice did not adequately inform the publi

emission offset requirements and thegrowth allowanc

. 

c about changes in 

e proposal. 

Commenters 2 

DEO disagrees. The public notice package provided 

-about the plan content and proposed rule changes. S

notice package explained that the proposal would ree

allowance that had been included in the 1996 Portlan

Plan, the size of the proposed growth allowance, and 

required if the growth ~!19wanc~ were f~~onsumed. 

ample information 

pecifically, the public 

stablish the growth 

d Ozone Maintenance 

that offsets would be 

Response 

r--------~-----

Comment 4 --­ - - --.-----------------­There should be no growth aliowanGe that would subs

offsets for future increases in emissions. 

titute for emission 

. 

---~----

Commenters 2 f----~-----+------~----~---------------

Response The current Portland-Vancouver Ozone Maintenance Plan includes an 

industrial growth allowance that has been in place since the plan was 

adopted in 1996 and approved by EPA in 1997. An industrial growth 

allowance can be one part of an overall air quality management approach for 

new and expanding major sources that includes requirements for emission 

control technology and the use of emission offsets if needed to protect air 

quality. This approach allows DEO to better forecast and plan for some 

increment of unanticipated industrial growth. while providing an adequate 

margin of safety for air quality. It also allows DEO to track and manage the 

allocation of industrial emissions to make sure those increases do not 

jeopardize compliance with ozone standards. DEO believes the continuation 

of the current industrial growth allowance approach is reasonable based on 

an analysis of current and expected future ozone conditions in the PortlandVancouver area. However. in response to public comment, DEO is 

proposing new safeguards that will be more responsive to any unforeseen 

changes in ozone levels. 

DEO's maintenance analysis shows that an industrial growth allowance of 

5,000 tons of VOC and 5,000 tons of NOx can be safely established within 

the Portland airshed, while still retaining a significant safety margin for 

compliance with the standards. DEO proposes to establish this 5,000 ton 

limit in the maintenance plan as a maximum cap. As a safeguard, DEO 

proposes to establish administrative procedures that only authorg~the initial 

( 


2 

Attachment 7.2, pg.3 

Attachment B 

use of up to 1,000 tons of VOC and 1000 tons of NOx• and holds the balance 

in reserve. If at some point in the future 750 tons or more of this initial 

growth increment is used for either or both pollutants. DEQ will conduct an 

analysis of ozone levels and expected trends to determine if conditions 

support the release of another 1,000 ton increment. DEQ will not authorize 

any further allocation of the growth increment if such action could jeopardize 

compliance with ozone standards. DEQ will provide an opportunity for the 

public to comment on the results of the analysis and DEQ's recommendation 

whether to release the next 1,000 ton increment prior to making its decision. 

This process would be repeated as needed up to a maximum of the 5,000 

ton cap. If the maximum amount of growth allowance in the plan were 

consumed, new or expanding major industry could not be approved without 

offsets. This administrative process of incremental allocation will help DEQ 

manage future industrial emission increases and respond to any unforeseen 

changes in future conditions, such as significant increases in summertime 

temperatures or future changes to the federal ozone standard. 

Under the proposed maintenance plan, if there is a violation of the ozone air 

quality standard and the contingency plan is triggered, the growth allowance 

cannot b.e used to meet emission offset requirements. In addition, if the 

growth allowance is consumed and cannot be reestablished, emission offsets 

1.-­_____._--'-_w_il_l_b_e_r_eq--'-u_i_red for new and expanding major sources. 

CommentS 	 I , Do not remove employee commute option program from the list of programs 

. affecting land use (Division 18). . ! 

Commenters 3 

Response DEQ agrees with the Oregon Department of Land Conservation and 

Development (DLCD) that the ECO program should remain on the list of 

programs affecting land use. The proposed maintenance plan no longer lists 

the ECO program as a transportation control measure (TCM) because TCM's 

can no longer be enforced under the Clean Air Act due to Portland's federal 

"attainment" designation under the 8-hour ozone standard. However, local 

governments continue to rely on ECO to meet their goals for reducing motor 

vehicle travel as required by DLCD Goal 12 and the Transportation Planning 

Rule (TPR), and this state program was not mentioned in the Land Use 

Evaluation Statement. DEQ has revised its rule package and no longer 

recommends a revision of Division 18, and will continue to recognize ECO as 

a program affecting land use and transportation planning goals. No 

additional procedures are needed to comply with the goal because the TPR 

is implemented by local governments and DLCD. 

Comment 6 An industrial growth allowance is appropriate and should be increased or 

adopted without change. 

Commenters 7,11 

Response DEQ recommends that the current industrial growth allowance for the 

Portland area be continued under the updated maintenance plan, with the 

_____-..J-a_d-,d-,it.:.....:ional air quality safeguards as described above in Comment #4_"___-1 

3 

Attachment 7.2, pg.4 .. Attachment B 

Comment 7 BACT is a very conservative requirement; LAER is technically and 

economically inappropriate to meet federal r~uirements in Salem. 

Commenters 7,10, 11 

Response DEQ agrees. LAER is an extremely stringent standard without regard to cost 

of pollution control and is appropriate in areas that are not meeting federal 

health-based air quality standards. Air quality in the Salem area is well within 

the federal health standard and air quality projections do not warrant a more 

stringent standard than the Portland area. See res[>onse to Comment #1. 

Comment 8 Portland and Salem area requirements should be consistent with area's 

attainment designation rather than retaining maintenance area requirements. 

Commenters 7, 11 

Response DEQ disagrees. Maintenance area new source review requirements are 

appropriate for former nonattainment areas because they apply BACT to 

sources at lower significant emission rates (SER) than the requirement for 

attainment areas. The application of BACT at the lower SER is needed to 

prevent future violations of the czone air guality standard due to growth. 

-

,Comment 9 ~---~---

Commenter supports DEQ proposal to change the number of employers 

regulated under the Employee Commute Program from 50 or more 

emeloyees per work site to 100 or more emelo;tees eer work site.· ..- Commenters 8 

Response DEQ acknowledges the support. This change will reduce the number of 

affected employers from 1210 to about 585. ECO survey data indicates that 

the 585 larger employers generate 92% of the trip reduction and make up 

86% of the total ECO-affected employees. DEQ does not anticipate a 

significant loss in the emission reduction benefit or other benefits of the 

program. .­

Comment 10 EPA commented that the growth allowance language in the plan should be 

revised to read·Any such increase to the growth allowance will be subject to 

public comment and ~proval by EPA"lnot "EPA review"). 

Commenters 9 

Response DEQ agrees and the plan language has been modified to incorporate these 

comments. DEQ will request EPA approval of the maximum 5,000 ton cap 

through their approval of the maintenance plan. DEQ will administratively 

mange the allocation ofthe growth allowance as described in Comment #4. 

Comment 11 ODEQ must ensure that its new source review program meets current EPA 

requirements I:>y June 15, 2007. 

Commenters 9 

Response DEQ must periodically demonstrate to EPA that its New Source Review 

Program for new and expanding major industry is consistent with any new 

federal requirements. DEQ will meet this requirement under separate action 

in 2007. . -~-

4 

Attachment 7.2, pg.5 

Attachment B 

Comment 12 Recent actions by the City of Portland to require gasoline to contain 10% \ 

ethanol and diesel to contain 5% biodiesel are not addressed in the proposed 

• maintenance plan and additional modeling should be completed in order to 

better evaluate whether Portland and Salem can maintain compliance. 

Commente~ 12

DEQ analyzed the potential effect of the City of Portland's biofuels 

requirement on the ozone maintenance forecast. DEQ relied on Washington 

Department of Ecology research and estimates that VOC and NOJ( emissions 

from cars, trucks and other types of engines would increase by 

approximately 7% and 3%, respectively. DEQ applied this potential emission 

increase to all mobile sources in Multnomah County, and estimates that 2015 

ozone levels would increase by less than 1% above the projected 

maintenance demonstration level of 0.072 ppm. The Portland-Vancouver 

ozone maintenance demonstration shows that an increase in future ozone 

levels of less than 1 % would not jeopardize ozone compliance for either the 

Portland-Vancouver or Salem areas. 

Response 

Reference 

Number Name Organization I Date on 

comment I 

1 IMarty Gabe Citizen 6/3 I 

IConde Cox Citizen 6/8 ! 

3 Bob Cortright Dept. of Land Conservation 

and Development 7/11 I 

f4 Sonya Gaub Citizen 7/10 

~ IGeneva and Walter 

Bensman 

Citizens 7/12 

6 Bill Sterett Citizen 7/12 

7 Marvin Lewallen Weyerhaeuser Company 7/13 

8 Dick Day Citizen 7/13 

9 Gina Bonifacino EPA Region 10 7/13 

r----­

10 Mike McLaren Salem Chamber of 

Commerce 7/14 

111 Kathryn VanNatta Northwest Pulp 

and Paper Association 7/14 

12 F rank Holmes Western States 

Petroleum Association 7/14 

i13 Ellen Twist Citizen Public Hearing 

Comment 7/11 

14 Richard Scott Citizen Public Hearing 

Comment 7/11 

5 

c