### Department ofEnvironmental Quality 

# regon 811 SW SixthAvenue Portland, OR 97204-1390 Theodore R. Kulongoski, Governor 503-229-5696 TTY: 503-229-6993 

# Received 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 ofthe 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 officeAttachments: 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 ofAir 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 StaffReport, Agenda Item D ofthe 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

DepartmentRecommendation

Background and Needfor Rulemaking February 5, 2007
Environmental Quality

# Commissio~ I. 

# J'**f~** .stephanieHalloc'14 Director

.

# ~ f AgendaItem D, Rule Adoption: Portland-Vancouver and Salem Ozone Maintenance Plan and Supporting Rule Revisions February 22-23, 2007 EQC Meeting The federal Clean

### Air Actrequiresthateach state adopt and submitto the U.s. Environmental ProtectionAgency (EPA) a planwhichprovides for implementation, maintenance and enforcementofany new air quality standard withinthree years ofthe date EPAdesignates anareain attainmentor nonattainmentwiththe standard. 

### In 1997, EPA revisedthe ozone air quality standard, changingfrom a standardbasedon

### peak I-houraveragevaluesto a standardbased on

### peak 8-houraverage values. On June 15, 2004, EPA designated new 8-hourozone attainment and nonattainment areas. ThePortland and Salem areas werehistorically nonattainmentunderthe I-hour standard. Both areas are designated asattainment areas underthenew 8-hourstandard, but requiremaintenance plans

### that ensureon-goingcompliancewiththenew ozone standard. To addressthenew 8-hourozone standard, theDepartment

### has drafted anupdate to theexisting Portland-Vancouver OzoneMaintenance Plan, and

### has developed anozonemaintenance planfor the Salem-Keizer area Theseplans, togetherwith their supportingrule revisions, ensurethatozonelevels inthePortland and Salem areas willremain incompliance withfederal health standards. The Department ofEnvironmental Quality (DEQ) recommends that the EQC adoptthe Portland-Vancouver

### Air Quality Maintenance Area (Oregonportion) and Salem-KeizerArea Ozone Maintenance Plan, and amend andrepeal rules thatimplement control strategies described inthe plan, as presented in AttachmentA, as an amendmentto the State Clean

### AirActImplementation Plan(SIP). Some ofthe information inthis staffreport was contained in the Informational Item onthePortland-Vancouver and Salem Ozone Maintenance Plan, Agenda ItemD, December 14-15,2006EQC meeting.

What is Ozone



# GOlAttachment'1.1, pg. 2 • AgendaItem 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 inthe upperatmosphere surroundingthe Earthand protects life from the damagingultraviolet lightemittedbythe sun. At ground level, the same ozoneis harmful to living things; it is an airpollutantthat damages humanhealth, vegetation, andmany man-madematerials. Groundlevel ozone isthekey ingredient ofurban smog. Ozone affectsyourhealthwhen itis inhaled. Even at lowconcentrations, ozone cancauserespiratoryproblems and aggravated asthmainchildren, people withrespiratory diseases, and evenotherwise healthy adults who are working orexercisingoutside on smoggydays. Children are most atriskfrom exposureto ozone becausethey are often active outside duringthe summer and their lungs are notfully developed. Long-termexposureto ozone may leadto premature aging ofthe lungs and chronic respiratoryillnesses. Ozone is notemitteddirectly into the air. 

### Instead it is created whengases called oxides ofnitrogen (NOx) andvolatile organic compounds (VOCs) reactin sunlight andheat. Emissions ofNOxare produced whenfossil fuels are burned inmotorvehicle engines, powerplants, and industrialboilers. Emissions of VOC areproducedbythousands ofsources including automobile emissions, gasoline vapors, chemical solvents, andC<?nsumer products like paint. 

### ( Ozone ismainly a daytimeproblemduringthe summermonths because more sunlight and highertemperatures enhance ozone formation. Ozone levels inthe airvary dependingonweather andthe amountofozone forming emissions present. 

### Inmornings, ozonelevels are generally low, sothe air is healthy. As eachhourofthe daypasses, pollutionfrom human activities, such as industry, cars and trucks, and natural sources liketrees and plants, are injected into the atmosphere. Theseemissions are then subjectedto movementandmixing, which areinfluencedbyweather characteristics such as wind speed, sunlight andtemperature. During periods ofhightemperatures and lowwind speeds, pollutioncanbuilduptounhealthy levels. This buildup ofunhealthy ozone levels canpersistovera several day period ofpoorventilation andhot temperatures. Federal Air Quality Health Standard for Ozone Ozone is one ofseveralpollutantsregulated underthe Clean

### AirActfor which theEnvironmental ProtectionAgency sets national health-based air quality standards. Otherpollutantsregulated underthe Act include carbonmonoxide, nitrogendioxide, sulferdioxide, lead, andparticulatematter (PM

### 1 0 and PM2.5).
From 1979through 1997,thefederal standardfor ozonewas 0.12 partsper million (ppm), based on maximum 

### i-houraverage ozone values. 

### In 1997, afterAttachment 1.1, pg. 3 

### AgendaItem D, Ru1e Adoption: Portland-Vancouver and Salem Ozone Maintenance Plan and SupportingRu1e Revisions February 22-23,2007 EQC Meeting Page 3 of 15 reviewingthe latest medical research onozone health effects, EPA changedthe federal ozone standardto 0.08 ppm, based onmaximum 8-hour average values. EPA also changedthe formula for determining a violation, which is now based on a three-year average ofthe annual fourthhighest daily maximum 8-hour average concentration. Three areas in Oregon (portland, Salem andMedford) formerly violatedthe old I-hour standard. DEQ developed "control strategies" (administrative rule requirements that reduce emissions from neworexistingpollution sources, or programs that encouragepeopleto reduce pollution) to achieve compliance with standard andthe on-going maintenance ofhealthy air 

### quality. Medford achieved compliance withthe standard priorto the Clean 

### AirAct Amendments of 1990, butPortland and Salem didnot. Now, 

### all communities in Oregon are incompliance with the new 8-hour ozone standard, as well as the former I-hour ozone standard. Portland and Salem Air QualityPlans and Strategies for Ozone Portland was formally designated as a nonattainment area for ozone onMarch 3, 1978. The first Portland-Vancouver OzoneAttainmentPlanwas adopted by the Environmental Quality Commission onJu1y 16, 1982 and subsequently approved by EPA. Important control strategies inthe 1982 plan included: • A motorvehicle inspection and maintenance programfor the Portland area (1975); • Motorvehicle trip reduction andtraffic flow improvements and measures; and • VOC controls for existing majorindustrial sources (1978). Area source controls on gasoline stations were adopted in 1991 to capturethe vapors (VOC's) expelled from underground storage tanks whenbeing refilled bytank

### trucks. Under the 1990 Clean

### Air Act Amendments, the Portland-Vancouver 

### Air QualityMaintenance Areawas designated a "marginal" nonattainment area. Ozone Maintenance Plans for Portland andVancouverwere adopted bythe Commission onJu1y 12, 1996 andthe Board ofDirectors ofthe Southwest

### Air Pollution Control Authority ofSouthwest Washington onMarch 19, 1996, respectively. Both plans relied onexisting strategies and several new strategies. The 1996 Portland Ozone Maintenance Plan added the following new strategies: • An

### enhancedvehicle inspectiontesting method; • Emission standards (Reasonably Available Control Technology) for existing majorVOC point sources (individual industrial facilities having an air

### quality permit);



## 003Attachment -1.1, pg. 4­ - ! AgendaItem D, Rule Adoption: Portland-Vancouverand Salem Ozone Maintenance Plan and Supporting Rule Revisions February 22-23, 2007 EQC Meeting Page4 of 15 

### (

• Employee Commute Option ProgramRules and Voluntary Parking Ratio Rules

### toreduce motorvehicle trips; • BargeLoading Rulesthat control VOCs when gasoline from refineries 

### that is bargedto Portlandisunloaded atthe bulkterminal; • StageII vaporrecovery systems 

### that capture gasoline vapors 

### that would otherwise bevented during individual vehiclerefueling; • Aerosol PaintRules that lowerVOC content from spraypaints sold in the Portland area; • MotorVehicle RefinishingRules 

### that require low-emittingpainting methods atautobody shops; and • Publiceducation and outreach

### that encouragespeopleto voluntarily reduce emissions, such as notmowing lawns and driving less on Clean 

### AirActionDays (nowcalled

### AirPollutionAdvisories). DEQ and the Southwest CleanAirAgency arenowupdatingthe 1996 Portland-Vancouver Ozone Maintenance Plans. DEQ and SWCAA coordinated closelyonthe datacollection, modeling, maintenance analysis and strategies that supportthe maintenanceplans. The SWCAABoard adopted the Vancouver OzoneMaintenance PlanonNovember2, 2006. DEQ is proposingto update the following strategies inthe Portland-Vancouver OzoneMaintenance Plan (see Key Issues #2 and 3,pages 11-12): • Employee Commute OptionProgram, and • Industrial Emission ManagementProgramrules. DEQ is also developingthe first Ozone MaintenancePlan for the Salem-Keizer area. The Salem-Keizer areawas formally designated as nonattainment for ozone onMarch 3, 1978, and designated "nonattainmentlinsufficientdata" in 1991. Because Salemis downwind from Portland, strategiesthatreduce emissions inPortland also benefit Salem's air quality. Salem's strategies to reduce VOC emissions inthe Salem-Keizer air quality areainclude: • Emission standards for existing industrial sources ofVOC; • NewSource Review Program for newand expanding majorindustrial facilities; and 

### • Anapprovedmaintenanceplan for Portland. DEQ isproposing to amendthe technologyrequirements for newand expandingmajorindustrial sources in Salem (see KeyIssue #1, page 9)to be consistentwiththeproposedmaintenance designationandtherequirements in Portland. Theattachedplan andproposedrulerevisions demonstrate that existingrules and strategies will maintain compliance withthe 8-hourozone standard in (



# 004Attachment 1.1. pg. 5 AgendaItem D, RuleAdoption: Portland-Vancouver and Salem Ozone Maintenance Plan and Supporting Rule Revisions February 22-23, 2007 EQC Meeting Page 5 of 15 Portland and Salemthrough at least2015. The 2006 plans are designed to address the new 8-hour ozone standardratherthanthe previous standardbased on I-hour averages. AirQuality As the first step inthe maintenanceplanningprocess, DEQ developed an Analysis "emissions inventory" ofthetotal releases ofall pollutants that affectthe air pollutionproblem

### that theplan addresses. Themainpollutants thatcontribute to ozone formation are volatile organic compounds and oxides ofnitrogen. Total airshed emissions are estimatedby addingup individual emission estimates for a wide variety ofdifferentpollution sourcetypes like cars, commercial andindustrial activity, construction, andpersonal activities like lawnmowing orpainting. The emission sources for Portland and Salem are summarized inTables I and 2 below, and described inmore detail inthe Maintenance Plan (Attachment A-I) andintheDecember2006 EQC InformationalItemD. 

### "On-road'mobile sources include emissions from cars, trucks, motorcycles andbuses. 

### "Nonroat!' mobile sources include emissions from airplanes, locomotives, farm and constructionequipment, lawn and garden equipment, powerboats and outboard motors. 

### "Poinf' sources are facilities that have an air qualitypermit, including manufacturing facilities, powerplants andindustrial orcommercial buildings withlargeboilers. 

### "Area" sources include a wide array ofbusiness and citizen activities, such asprint shops and gas stations, householdproducts such as house paints and consumer solvents, and openburning. Pollutionfrom individual activities may be smallbutthe collective impactin a communitycan be substantial. 

### "Biogenic" sources arethose found innature, includingtrees thatproduce naturally occurringhydrocarbons (terpenes) that contributeto ozone formation. Table 1 PortlandArea2002 VOC andNOx AttainmentInventory

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



# 005I Attachment :L1, pg. 6, AgendaItemD, RuleAdoption: Portland-Vancouver and Salem OzoneMaintenance Plan and Supporting Rule Revisions February 22-23, 2007 EQC Meeting Page 6 of15 

### ( SalemArea2002 VOC andNOx Attainment Inventory

SalemArea 2002

### voe Attainment Inventory CN-ROAO FONT AREA

13% 0% 15% NONROAO

5% SalemArea 2002 NO. Attainment Inventory**~rA:BO~** IO<ROAO ON-ROA**~==** 27%

61% 

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

## I DEQthen analyzed populationprojections, expected increases inmotorvehicle travel, and economictrends to project emissions for 2015, following EPA guidance for developing maintenance plans. 

### In orderto evaluate future compliance withthe ozone standard, DEQ used a sophisticated computer model to estimate future ozone concentrations inthe Portland and Salem areas. Themodel combinestheforecast offuture emissions, worse-case summertime meteorology and atmospheric chemistry to estimate peak ozonelevels in 2015. Thefuture forecast, described inmore detail inthe maintenance demonstration sectionofthe Maintenance Plan (Attachment A-I) and thefigure below, shows that ozone levels will remainwell belowhealth standards, with a significant margin ofsafetythrough atleast2015. The Carus monitoring site is located near Canby, Oregonand islocated in an 

### area downwind ofPortland thathastraditionally recordedthehighest ozone concentrations inthe region. The modelpredictsthat all pollution monitoring sites inthe area

### willremain belowthe standard.



# 006Attachment 1.1, pg. 7 AgendaItem 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-hourOzone Trend (1997-2005) and 2015 projection 3 year averages ofthe 4th highestdally ozonevalue 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 .... Effectofthe The following is a summaryofthe proposed rule revisions withinOregon Plan and Rule Administrative Rules, Chapter 340: Revisions • Division 200: Adoptthe maintenanceplan andrules as a revision ofthe State ofOregon CleanAir ActImplementation Plan.

• Division 242: Reviserules for Employee Commute Optionsto reduce administrative burdens while maintaining alternative commute programs at larger employers. Changes include focusing theprogram on employers with 100 or more employees, reducing the survey requirements from annual to every two years, and other changes that modifyprogramrequirements;

• Division 242: Retain existingrules for New SourceReviewinthe Portland area, and update the Industrial Emission ManagementProgram to manage growth ofnew and expandingmajor industrial sources and ensure thatthe ozone standard will not

### be violated;

• Division 204: Designate the Salem-KeizerAreaTransportation Study airquality areaan ozone maintenance areaunder staterules;

• Division 224 and 225: Revise rules for New Source Reviewinthe Salem area, to replace the emissioncontrol technology requirements for newand expandingmajor industrial sources innonattainment areas with



## 0071 Attachment 1,1, pg, 8 ' Agenda Item D, Rule Adoption: Portland-Vancouver and Salem Ozone Maintenance Planand SupportingRule Revisions February 22-23, 2007 EQC Meeting Page 8 of 15 

### - ,

Commission emission control technologyrequirements for maintenance areas;

• Division 202: AmendDEQrules toreflectthe newfederal ozone air quality standard, from the old I-hour standard (whichEPA

### has revoked) to the currentfederal 8-hour standardof0.08 ppm, three year average; and

• Make housekeeping changes to correctthe spelling ofthe Salem-Keizer AreaTransportation Study airquality 

### area The proposedplan andrule revisions will havethe following effects on public health and economic development: PublicHealth: The Maintenance Plan ensures continued compliance withthe federal airquality health standardfor ozone for at leastthenextten years. Thoughnot directly addressed inthis proposal, many ofthe strategies in the plan also reduce emissions ofairtoxics and greenhouse gases. New and Expanding Industry inPortland: Proposed revisions to the PortlandArea Industrial Emission ManagementProgram continuethe use ofanemission growth allowance in lieu ofoffsets as partofa program to manage growth of newand expandingmajor industrial sources and ensure thatthe ozone standard will not

### be violated. See Key Issue #1 (page9) for further discussion. NewandExpanding Industry in Salem: The proposed rule revisions would changethe emission control technology requirements for new and expanding majorindustrial sources in Salem from Lowest Available Control Technology to BestAvailable Control Technology. This change would benefit new or expandingmajorindustries seekingto locate inthe Salem areawhile atthe sametime ensuring a very highlevel ofemission control andprotection of public health. Therevised requirements are consistentwith what is required 

### in the Portland-Vancouver area See Key Issue#3 (page 12) for further discussion. Large Businesses 

### inPortland: Proposed revisions tothePortland-area Employee Commute Options (ECO) rule wouldreduce the number of employers affectedbythe ECOprogram and focus efforts onthe larger employersthat achieve most ofthe emissionreductions throughthe ECO program. Employers with 50-99employees wouldno longerbecoveredby the rule. The rule change would also streamline reporting requirements for the remaining ECO-affected employers (employers with 100 ormore employees). SeeKey Issue

### #4 (page 13) for further discussion.

i The Commissionhas authority to take this actionunder ORS Chapter 468, \



# 008Attachment 1.1, P9. 9 Agenda Item D, Rule Adoption: Portland-Vancouver and Salem OzoneMaintenance Plan and Supporting Rule Revisions February 22-23, 2007 EQC Meeting Page 9 of15 Authority Stakeholder Involvement

Public Comment

Key Issues Chapter468A, 468.020 and 468A.025. DEQ discussedtheproposed changes to the Portland-VancouverOzone Maintenance Plan and Employee Commute OptionProgram rules withthe three transportation committees ofMetro, the formal metropolitanplanning organization for thePortland area. On May 25, 2006, Metro adopted Resolution 06-3695 in supportoftheplan andrules asproposed. Theresolution was endorsedby theJoint Policy Advisory CommitteeonTransportation. 

### JPACTis comprised ofelectedpublic officials from the greater metropolitan areaof Portland including SWWashington. DEQ, TriMet,the PortofPortland, and the OregonDept. ofTransportation are also onthe committee. OnMarch 14,2006,DEQ discussed elements oftheproposed Salem-Keizer maintenance plan with the Salem-KeizerArea Transportation Study Area Technical Committee, themetropolitanplanning organization forthe SalemKeizer area. Most ofthe discussion focused ontheproposedchanges for new and expandingmajorindustrial sources. Two informational meetings were held in Portland onApril 21 andMay4, 2006. DEQnotified interestedcitizens and the media, and ninepeople attended the meetings. Twonews stories appeared inthe Statesman-Journal and one news story appeared in a suburban section ofthe Oregonian. A public commentperiod extended from June 1to July 14, 2006 and included publichearings in Portland and Salem on July 11,2006. A summary of commentsreceived and DEQ response, including proposed changes, are described in Key Issues (below); Attachment B, Summary ofPublic Comment and Agency Response; and Attachment C, Presiding Officer's Report onPublic Hearings. A detailed summary ofplan andrule changesthat were madeto the drafts that were available for public commentis available uponrequest (items 

### #4 and #5). 

### Key Issue 1. 

### Planningfor MajorIndustrial Growth There are two ways DEQ could choose to plan for the possibility offuture emission increases from newmajor industrial sources inthe Portland area. One way (Option 1) would be to waituntil a business proposesto construct a new major facility, like a newfactory or powerplant, and atthattime attemptto evaluatethe 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. Forozone however, this NSR analysis presents unique difficulties. The atmospheric chemistry that drives ozone formation is extremely complex. Itis technically very difficult, labor intensive, and expensiveto try to model the effect on ozone compliance from a single new



# 00$i Attachment 1:1, pg.10 AgendaItemD, Rule Adoption: Portland-Vancouverand Salem Ozone Maintenance Plan and Supporting RuleRevisions February22-23, 2007 EQCMeeting Page 10 of 15 \ source. This complexity wouldmake the air qualitypermittingprocess longer, less certain, more expensive, and more cumbersome for boththe facility owner and the Department. A second approach (Option 2) is to anticipate the possibility offuture emissions growth from newindustry duringthemaintenance planningprocess, andbuild into theplan "up-front" a pre-analyzed growth allowance dedicated for future industrial growth. This allowance serves as a limit on industrial emissions ata level that will not cause ozone violations. Since this growth allowance may never

### be fully used. theresult is a very conservative andprotective ozone analysis forthe airshed. Evaluating this growthpotential up-front, ratherthat waitinguntil new facilities areproposed, provides a more comprehensive evaluation offuture ozone concentrations, andpre-analyzing these emissions in the maintenanceplan helps streamline the industrial permittingprocess and lessens future workload on Department staff. Forthe past ten years the Portland Ozone Maintenance Plan has managed industrial growth byusing Option 2 described above. 

### In 1996, the Portland Ozone Maintenance Plan established a growth allowance of 1056 tons of volatile organic compounds (VOC) and438 tons ofnitrogen oxides (NOx) that could beused by newand expandingmajorindustry. This growth allowance was built into the ozone compliance analysis and maintenance demonstration from the start as a conservativeplanning assumption. Overthe last ten years, newand modified major sourceshaveused only about 30% ofthe existing growth allowance. As part ofthe 2006 Portland Ozone Maintenance Plan update, DEQ proposes to continuetheuse ofthe growth allowance approach as a way to plan for, manage, and limitfuture emissionincreases from newmajor industry. 

### In responseto Comment #4 and Comment #6 (Attachment B, Summary ofPublic Comments and Agency Response), DEQ is proposing to add additional safeguards and restrict evenfurther the allocation ofthe growth allowance. The growth allowance managementprocess proposed by the Department is described inthe Maintenance Plan (Attachment A-I) and summarized as follows: • Theplanwould establish, andEPAwould authorize, a maximum growth limit of5,000 tons ofVOC and 5,000tons ofNOx• • DEQ would only authorize the use ofthe first 1,000 tons ofeach pollutant for new and expandingmajorindustrial sources, andhold 4,000 tonsinreserve. • Ifthe first 1,000ton incrementis consumed, DEQ would conduct an analysisto determine whethera second 1,000ton increment could 

### be released. Further allocation ofgrowth increments would 

### be subjectto an airquality analysis andpublic commentperiod. DEQ would not (



# 010Attachment 1.1, pg. 11 

### Agenda Item D, RuleAdoption: 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 wouldjeopardize compliance with ozone standards. • Any source thatrequests more than 1,000 tons ofeitherVOC orNOx 

### would need to applyto the EQC for approval. Ifa source requests 1,000 ormore tons ofeitherVOC orNOx, 

### DEQ will evaluate ozone levels and expected trends to determine whetherthe proposed facility poses any risk to maintaining compliance withthe ozone standard priorto making a recommendation to the EQC regarding the source application. This careful management ofthe growthallowance will accommodate economic development and growth inthe Portland areawhile still protecting air qUality. Actual pointsource emissions represent only 2% ofthe 2002 VOC emissions inventory and 4% ofthe 2002 NOx

### emissions inventory. To beconservative, the maintenance demonstration includes maximum permitted levels for existing industry and the proposed new growth allowance. Evenunder this scenario, future ozone levels are expected to remain well below standards. Key 

### Issue 2. 

### Stringency ofPortland 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 OzoneMaintenance Area are significantly more protective than what EPA would require for Portland underthe federal 

### New Source Review Program. DEQ'sNSRprogram for ozone differs from the federal program in several important ways.

• The federal NSRprogram only applies to major sources with emissions of250 tons or more VOC orNOx 

### (or select sources with 100 tons or more). DEQ'sNSRprogram for ozone applies to all major sources with emissions of40 tons ormore. DEQ'sNSRprogram captures, tracks, and manages emission increases from a much wider universe ofsources

.than the federal program, providingcloser scrutiny ofairshed impacts.

• Underthe federal NSRprogram, there is no explicit limit on industrial emissions growth and emission offsets are not required. Under the PortlandNSRprogram, the growthallowance establishes explicit growth limits, a strict process for allocation, and requires the use of emission offsets ifthe growth allowance cannot be used.

• Underthe federal NSRprogram for the new 8-hourozone standard, there is no requirement for new emission sources outside ofthe Portland areato assess their impacts on the Portland area. Under the Portland



## 011Attachment 1:1, pg.12' AgendaItem D, Rule Adoption: Portland-Vancouverand 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 100km ofthe maintenance areaboundary must obtain an allocation ofthe growth allowance orobtainan offset. Boththe federal and state NSRprograms require the installation ofBest Available Control Technology (BACT). The use ofBACTin Salem'sNSR program is discussed below in Key Issue#3. Duringthe public commentperiod, Comment#8 (Attachment B, Summary of Public Comments and AgencyResponse) recommended thatDEQ deferto the minimum federal NSR programfor attainment areas. DEQrecommends keeping Portland and Salem'smore protective maintenance areaNSR requirements inplace. 

### Key Issue 3. Requirements For New And ExpandingMajor Industrial Sources In Salem Because Salem is still designated a "nonattainment area" for ozone under state rules, itis subject to the most strictregulatory requirements for new and expanding majorindustrial sources. The proposedrule would change Salem's state designation from a "nonattainment" to a "maintenance" area, and bring requirements for new andexpanding major sources in line withrequirements ( for Portland and otherparts ofthe state. Theeffectofthis proposed change in Salem's designation is reflected inthe control technology required ofneworexpanding major facilities inthe Salem area (it does not affect requirements for existing facilities). New or expanding major sources would no longerberequired to install "LowestAchievable Emission

### Rate" (LAER) technology, butwould instead berequired to install "BestAvailable Control Technology" (BACT). LAER is typically required in areas violating airquality standards and BACT is typically used in maintenance and attainment areas where airquality is incompliance with standards. Themain distinction between LAER and BACT is the considerationofcostand otherfactors indetermining the level ofcontroL A LAERdeterminationdoes notconsider cost, even ifa technology would be uniquely expensive to apply because it was developed for another process orwould require special modifications to work at a specific location. A LAERdetermination also does notconsider increases in energy useorotheremissions (such as greenhouse gases) caused by the control equipment. A BACTdetemrination begins with LAERtechnology, butmay be less stringent ifthe applicant demonstrates that there are unique costs or ifthere are significant energy orenvironmental impacts from LAERin a givencase. BACTis still a very high level ofcontrol and in somecases may be as stringent as LAER. , ::



## 012Attachment 1.1, pg. 13 Agenda Item D, Rule Adoption: Portland-Vancouver and Salem Ozone Maintenance Plan and SupportingRule Revisions February 22-23, 2007 EQC Meeting Page 13 of15

Several citizens commented that they didnot want DEQ torelax industrial standards from LAERto BACTin Salem (see Comment#1, Attachment B, Summary ofPublic Comments and Agency Response). The Salem Chamberof Commerce and others (Comment#7) commented that BACTis a very conservative requirement and Salem'snew source review requirements should be the same as required in Portland. DEQ considered all ofthese comments along with historical air quality data andtrends. The Salem area hasnever violatedthe 8-hourozone standard, has notviolatedthe I-hour standard in over ten years, and is notatrisk ofviolatingthe 8-hour ozone standard. Salem's transition from "nonattainment"to "maintenance" status and thetransition from LAERto BACTis consistent with transitions madeby other cities in Oregon and across the nation. Therefore, DEQrecommends BACT as an appropriate level ofemission control for new and expandingmajorindustry in Salem. 

### Key Issue 4. Employee Commute Options Program Rules The 1996 Portland Ozone Maintenance Plan includes the Employee Commute Option (ECO) Programrules thatrequire Portland-area employers with more 

### than 50 employees to implementprograms that wouldreduce single occupancy commutetravel by 10%. Affected employers must provide incentives for employee use ofalternative commute options, and employers must survey employees annually to measureprogress toward meeting the goal. DEQ analyzed survey data andproposedto modify the programto more effectively focus onlargeremployersthatproducethe most significant amount ofemission reduction benefit, and to streamlinereporting requirements. Requirements would continue to apply to employers with more

### than 100 employees. Local governments inthe Portland area were concernedthat theproposed changes could have impacts ontheir efforts to reduce single occupancy vehicle travel among smallerbusinesses withintheir communities. These concerns were discussed withthe three transportation committees ofMetro, the metropolitan planning organization forthe Portland Metro area All ofthe issues were resolved before the beginning ofthe public commentperiod. DEQ received only one commenton the proposed changes to the ECOrules, and that commentwas in support ofthe proposal (see Comment#9, AttachmentB, Summary ofPublic Comments and Agency Response). The Department ofLand Conservation and Development (DLCD) commented that DEQ should notremove the ECO program from the list ofprograms affecting land use in OARChapter 340, Division 18, as wasproposed inthe rulemaking notice (see Comment#5, Attachment B, Summary ofPublic Comments and Agency Response). DEQ's Land Use Evaluation Statement focused onECO's classification as a transportation control measure under federal rules, and did notmentionthatlocal governments rely onthe ECO



# 013Attachment 1:1, pg. 14 

### AgendaItem D, Rule Adoption: Portland-Vancouver and Salem Ozone Maintenance Planand Supporting Rule Revisions February 22-23, 2007 EQC Meeting Page 140f15

Next Steps 

### programto meettheir requirements under state rules (Goal 12 andthe Transportation Planning Rule). DEQrevisedthe proposal andno longer recommends a revisionto Division 18, and will continue 

### to recognize ECO as a program affecting 

### state land use and transportation planning goals. 

### Key Issue 5. Contingency Plan Themaintenance plans include a contingencyprocess to respond to any unforeseen changes inozone levels not anticipated bythe maintenance analysis. DEQ will track ozone levels inthe Portland and Salem areas overthe long term. If

### peak ozone levels exceed early warning actionlevels established in the plans, DEQ will reevaluate growth and other assumptions intheplan, identify any need for further emissionreduction strategies, and modifytheplan as needed to protectpublic health. During thistimeDEQ can suspend use ofthe industrial growth allowance and impose the emission offset requirementfor new major industrial sources. Shouldthe EQC elect to adoptthe maintenance plan andrules, DEQ will submit them to EPA for approval as 

### an amendment ofthe Oregon State Clean 

### AirActImplementation Plan. The maintenance plan is required to be submittedto EPA byJune 15,2007. 

### ( The rulerevisions whichhave the mostdirect impact on affected employers are changes

### to the Employee Commute Option Rules. DEQ intends to notify employers ofthe adopted rule revisions and provide any necessarytechnical assistance to help employers understandthe rule revisions. DEQ will use existing staff

### for this effort. The Rule Implementation Plan is availableupon request (item #6). DEQ is tracking legal issues whichmayresult in a need to amend the maintenanceplan inthe future. This maintenance plan wasprepared underthe guidance ofEPA's 2004 Final Ruleto Implementthe 8-Hour Ozone NAAQSPhase 1 (69 FR23951. 40 CFR51.900). On December 22, 2006the U.S. Court ofAppeals released a decision to "vacate the 2004 rule and remand the matter to EPA" 

### (South CoastAirQualityManagementDistrict v. 

### EPA). 

### In particular, the courtruledthat certain requirements adopted forthe I-hour ozone standard, such as conformity and contingencyplans, mustberetained to prevent backsliding. Depending onhowEPA interprets the court's decision innew guidance and rules, this maintenanceplan mayneed to be amended. 

### In the**inte~,** 

### the existing I-hour ozone maintenance planrequirements will remain federally enforceable until EPA approves the new 8-hour ozone maintenance plan.



# 014Attachment 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

AvailableUpon Request



### Approved: 

## A. Proposed Revisions to the State ImplementationPlan 1. Portland-Vancouver AQMA and Salem-Keizer Area Ozone Maintenance Plan 2. Supporting Rule Revisions {redlinedversion} 

### B. Summary ofPublic Comments and Agency Responses 

### C. Presiding Officer's Report on PublicHearings 

## D. Relationship to Federal Requirements Questions 

## E. Statement ofNeed and Fiscal and Economic Impact 

## F. Land Use Evaluation Statement

1. Legal Notice ofHearing 2. Cover Memorandum from Public Notice 3. Written Comments Received 4. Portland-Vancouver AQMA and Salem-KeizerArea Ozone Maintenance Plan (redlined version) 5. Summ.ary ofPlan and Rule Changes 6. Rule Implementation Plan 7. Appendices to the Ozone Maintenance Plan

Section: Division: 

# risl:vj 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 "CommissionAuthority" (page 8 ofStaffReport, Agenda Item D).

# Attachment 3 

# Provisions Submitted for Approval

3.1 General AirPollutionProcedures 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 ofAir Quality Areas: OAR 340-204. Effective April 12, 2007. 3.4 MajorNew 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 ofEnvironmental Quality 

### DEPARTMENT OF ENVIRONMENTAL QUALITY DIVISION 200 GENERAL AIR POLLUTION PROCEDURES AND DEFINITIONS 340-200-0025 Abbreviations and Acronyms 

### (1) "ACDP" means AirContaminant 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) "AWD" means all wheel drive. (11) "BACT" means BestAvailable Control Technology. (12) "BLS" means black liquor solids. (13) "CAA" means Clean Air Act. (14) "CARli means control area responsibleparty. (15) "CBD" means central business district. (16) IICCTMP" means Central CityTransportation Management Plan. (17) "CEM" means continuous emissions monitoring. (18) "CEMS" means continuous emission monitoring system.

Rules oftrus Division as last Posted by the SOS 05/0112007Attachment 3.1, pg. 2 OREGON ADMINISTRATIVERULES Chapter 340, Division 200

- Department ofEnvironmental Quality (19) "CERCLA" means Comprehensive Environmental Response Compensation and Liability Act. (20) "CFRMS" means continuous flow ratemonitoring system. (21) "CFR" means Code ofFederal Regulations. (22) "CMS" means continuous monitoring system. (23) "CO" means carbon monoxide. (24) "COMS" means continuous opacity monitoring system. (25) "CPMS" means continuous parametermonitoring system. (26) "DEQ" means Department ofEnvironmental Quality. (27) "DOD" means Department ofDefense. (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 ofno significant impact. (40) "FTA" means Federal Transit Administration. (41) "OFA" means gross floor area.

Rules oftmsDivision as last Postedbythe SOS 0510112007Attachment 3.1, pg. 3 OREGON ADMINISTRATIVE RULES Chapter 340, Division 200

- Department ofEnvironmental 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 airpollutant. (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 laserradar; light detection and ranging. (58) "LPG" means liquefied petroleum gas. (59) "LRAPA" means Lane Regional AirPollution 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 05/01/2007Attachment 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 AirPollutants. (68) "NIOSH" means National Institute ofOccupational 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 ofTransportation. (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 ofSignificantDeterioration. (86) "PSEL" means Plant Site Emission Limit. (87) "QIP" means quality improvement plan.

Rules ofthis Division as last Posted bythe 80S 05/0112007Attachment 3.1, pg.5 OREGON ADMINISTRATIVE RULES Chapter 340, Division 200

- Department ofEnvironmental Quality (88) "RACT" means Reasonably Available Control Technology. (89) "RVCOG" means Rogue Valley Council ofGovernments. (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 ofState. (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 05/0112007Attachment 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 ofOregon Clean AirAct Implementation Plan (1) This implementation plan, consisting ofVolumes 2 and 3 ofthe State ofOregon Air Quality Control Program, contains control strategies, rules and standards prepared bythe Department of Environmental Quality and is adopted as the state implementationplan (SIP) ofthe State ofOregon pursuantto 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 pursuantto the Commission's rulemakingprocedures in division 11 ofthis chapter and any other requirements contained 

### inthe SIP and will be submitted to the United States Environmental Protection Agency for approvaL The State Implementation Plan was last modified by the Commission onFebruary 22, 2007. (3) Notwithstanding any otherrequirement contained in the SIP, the Departmentmay: (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 compliedwith 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 Commissionhas adopted, and submitthe standardsto EPA for approval as a SIP revision. NOTE: Revisions to the State ofOregon Clean Air Act Implementation Planbecome federally enforceable upon approval by the United States Environmental ProtectionAgency. Ifany provision of the federally approved Implementation Planconflicts with any provision adopted by the Commission, the Department shall enforce the more stringentprovision. 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 05/0112007Attachment 3.1, pg. 7 OREGON ADMINISTRATIVE RULES Chapter 340, Division 200

- Department ofEnvironmental 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; DEQ4-2005, 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 ofthis Division as last Posted by the SOS 05/0I 12007II I I

I I

### 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 AIRQUALITY 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 ozoneconcentration is equal to or less than 0.08 as determinedbythe method ofAppendix I, 40 CFR50. NOTE: This rule is included inthe State ofOregon Clean AirAct Implementation Plan as adopted by the Environmental Quality Commissionunder 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 bythe SOS 0510112007Attachment 3.3, pg. 1 OREGON ADMINISTRATIVE RULES Chapter 340, Division 204

- Department ofEnvironmental Quality 

### DEPARTMENT OF ENVIRONMENTAL QUALITY DIVISION 204 DESIGNATION OFAIR QUALITYAREAS 340-204-0010 Defmitions 

### The definitions in OAR 340-200-0020 and this rule applyto 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 OAR340 Division 200 through 268 and throughout the State of Oregon Clean AirAct Implementation Plan adopted under OAR 340-200-0040. (1) "AQCR" means Air Quality Control Region. (2) "AQMA" means Air QualityMaintenance Area. (3) "CO" means Carbon Monoxide. (4) "CBD" means Central Business District. (5) "CriteriaPollutant" means any ofthe six pollutants set outbythe Clean AirAct (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 boundsbeginning at theWillamette 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 intersectionwith Belt Line Road; thence easterly along Belt Line Road approximately one-halfmile to the intersection with Delta Highway; thencenorthwesterly 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 elevenmiles 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 northernbranch 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 alongHigh 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 westernboundary ofSection 36, T17S, R2W; thence south to the southwest comerofSection 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-halfmile away; thence southeasterly along the Private Logging Road to the intersection withWallace Creek; thence southwesterly along Wallace Creek to the confluence with the Middle Fork oftheWillamette River; thence generally northwesterly along the Middle ForkoftheWillamette River approximately

Rules ofthis Division as last Postedbythe SOS 05/0112007Attachment 3.3, pg.2
OREGON ADMINISTRATIVERULES Chapter 340, Division 204

- Department ofEnvironmental Quality

seven and one-halfmiles to the intersection with the northern boundaryofSection 11, TI8S, R3W; thence west to the northwest comer ofSection 10, TI8S, R3W; thence south to the intersection with 30th Avenue; thence westerly along 30th Avenue to the intersection with the Eugene CityLimits; thence following the Eugene City Limits first southerly then westerly then northerly and finally westerlyto the intersection withthe northernboundary 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 eastthen 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 ofSection 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 alongthe 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 souththen 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 ofGrants Pass enclosed by liB" Street onthe north, 8th Street to the east, "M" Street onthe south, and 5th Street to thewest. (8) Grants Pass Control Area means the area ofthe state beginning at the northeast comer ofSection 35, T35S, R5W; thence south to the southeast comerofSection 11, T37S, R5W; thence west to the southwest comer ofSection 9, T37S, R6W; thence north to the northwest comer ofSection 33, T35S, R6W; thence east to thepoint ofbeginning. (9) "Grants Pass UGB" as shown onthe Plan and Zoningmaps for the City ofGrants Pass as ofFeb. 1, 1988 is the area within theboundsbeginning at the NW comerofSec. 7, T36S, R5W; thence south to the SW comerofSec. 7; thence west along the southernboundary ofSec. 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 saidright ofway approx. 800 feet; thence south approx. 400 feet; thence west approx. 1100 feet; thence south approx. 700 feet to the intersection withthe Hillside Canal; thence west approx. 100 feet; thence south approx. 550 feet to the intersectionwithUpper 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 thenorth end ofRoguela 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 ofthis Division as last Posted bythe SOS 05/0112007Attachment 3.3, pg.3 OREGON ADMINISTRATIVE RULES Chapter 340, Division 204

- Department ofEnvironmental 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 ofSchroeder Lane; thence north approx. 150 feet; thence west approx. 200 feet; thence south to the intersection withLeonard 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 VistaLane; thence north along the west side ofBuenaVista 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 ofSec. 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 intersectionwith DameilleLane; 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 Avenue; thence east along Redwood Avenue to the intersection with Hubbard Lane and the western boundary ofSec. 23, T36S, R6W; thence south along Hubbard Lane approx. 1850 feet; thence west approx. 1350 feet; thence south to the south side ofU.S. Highway 199; thence westerly along U.S. 199 approx. 1600 feet to the intersection with the north-south midpoint ofSec. 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 ofU.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 ofU.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 SchutzwohlLane; 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 ofSec. 25, T36S, R6W; thence east to the intersectionwith Allen Creek; thence southerly along Allen Creekto the intersection with the western boundary ofSec. 31, T36S, R5W; thence south to the SW comer ofSec. 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 ofthis Division as last Posted by the SOS 05/01/2007Attachment 3.3, pg. 4 OREGON ADMINISTRATIVE RULES Chapter 340, Division 204

- Department ofEnvironmental Quality feet; thence east approx. 800 feet; thence north approx. 2800 feet to the east-west midline ofSec. 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 Roadto the intersection with Highline Canal; thence easterly along Highline Canalto a point approx. 250 feet beyond Skyway Road; thence south to the intersection with Skyway Road; thence eastto the intersection with Highline Canal; thence southeasterly along Highline Canal approx. 1200 feet; thence on a line due SWto 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 Loopto the intersection with the east-west midline ofSec. 29, T36S, R5W; thence east approx. 400 feet; thence south approx. 1300 feet to a point evenwithTroll View Road to the east; thence eastto the intersectionwith Hamilton Lane; thence north along Hamilton Lane to the intersection withthe Highline Canal; thence northeasterly along the Highline Canal to the northern boundary ofSec. 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 ofU.S. 199; thence easterly along the northern edge ofU.S. 199 approx. 50 feet; thence north to the north bank of the Rogue River; thence northeasterly alongthe 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 Streetto 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 citylimits 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 tothe intersection withthe 1400 foot contour line; thence northerly and northwesterly along the 1400 foot contour line approx. 900 feet to the intersection with the northern boundary ofSec. 9, T36S, R5W; thence west along said boundary approx. 100 feet to theNWcomer ofSec. 9; thence south along the westernboundary ofSec. 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 westernboundary ofSec. 5, T36S, R5W; thence south along said boundary to thenorthern side ofVine Avenue; thence northwesterly alongthe northern side ofVine Avenue approx. 3150 feet to the intersection with the west fork of Gilbert Creek; thence north to the intersection with the southern right ofway ofU.S. 1-5; thence northwesterly along said right ofway approx. 1600 feet; thence southto 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 ofSec. 7, T36S, R5W; thence west to the NW comer ofSec. 7, the point ofbeginning. (10) Klamath Falls Control Area means the area ofthe state beginning at the northeast comerofSection 8, T38S, RIOE, thence south to the southeast comer ofSection 5, T40S, RI0E; thence westto the

Rules ofthis Division as last Posted by the SOS 05/0112007Attachment 3.3, pg. 5 OREGON ADMINISTRATIVE RULES Chapter 340, Division 204

- Department ofEnvironmental Quality 

### southwest comer ofSection 3, T40S, R8E; thence north to the northwest comerofSection 10, T38S, R8E; thence east to the point ofbeginning. (11) "KlamathFalls UGB" means the area within the bounds beginning atthe southeast comerof 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 ofSection 24, T38S, R9E; thence westerly approximately 1/2 mile to the southeast comerofSection 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 northto the intersection with the northern boundary ofSection 15, T38S, R9E; thence west 1/4 mile along the northernboundary ofSection 15, T38S, R9E; thence generally southeasterly following the 4800 foot elevation contourline 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 ofOld 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 LomaLinda Drive approximately 1/4 mile; thence southwesterly approximately 118 mile to the Klamath Falls City Limits; thence northerly along the Klamath Falls CityLimits approximately 1mile into Section21, 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 1mile to the west boundary of Highway 97 in Section 18, T38S, R9E; thence southeasterly along the western boundary ofHighway 97 approximately 112 mile; thence southwesterly away from Highway 97; thence southeasterlyto the intersectionwith Klamath Falls City Limits atFront Street; thence westerly approximately 1/4 mile to the western boundary ofSection 19, T38S, R9E; thence southerly approximately 1 and 1/4 miles along the western boundary ofSection 19, T38S, R9E and the Klamath Falls City Limits to the south shore line ofKlamath 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 ofOrindale Draw, thence southerly along the easternboundary ofOriQ.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 ofSection 35, T38S, R8E and the Klamath Falls City Limits; thence easterly approximately 1/2 mile to the northern boundary ofSection 1, T38S, R8E; thence southeasterly approximately 112 mile to Orindale Road; thence north 500 feet along the west side ofan easement; thence easterly approximately 1 and 114 miles through Section 1, T38S, R8E to the western boundary ofSection 6, T39S, R9E; thence southerly approximately 3/4 mile to the southwest comerofSection 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 05/0112007Attachment 3.3, pg.6 OREGON ADMINISTRATIVE RULES Chapter 340, Division204**~** DepartmentofEnvironmental 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 alongthe Section 2, T39S, R8E boundary line to the northwest comer ofSection 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 ofSection 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 ofHighway 66 to Holiday Road; thence southerly approximately 112 mile into Section 13, T39S, R8E; thence northeasterly approximately 114 mile to the eastern boundary ofSection 13, T39S, R8E; thence northerly approximately 114 mile along the easternboundary ofSection 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 ofSection 13, T39S, R8E; thence northerly approximately 118 mile along the easternboundary ofSection 13, T39S, R8E; thence easterly approximately 1/4 mile along the northern section line ofSection 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 BurlingtonNorthern**Right~of~Way;** thence northeasterly approximately 1and 113 miles along the high water line ofthe 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 oldrailroad spur; thence easterly 114 mile along the oldrailroad spur; thence southerly approximately 114 mile in Section 16, T39S, R9E; thence westerly approximately 113 mile; thence southerly approximately 114 mile; thence easterly approximately 1116mile 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 ofthe 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 onthe eastern boundary ofthe Southern Pacific Right-of-Way; thence southeasterly approximately 1mile 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 ofthe northern boundary ofSection 27, T39S, R9E; thence easterly to Kingsley Field; thence southeasterly approximately 3/4 mile to the southern boundary ofSection 26, T39S, R9E; thence east approximately 1/2 mile alongthe southern boundary ofSection 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 southernboundary ofSection 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 easternboundary ofSection 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-Ato the southern boundary ofSection 12, T39S, R9E; thence north 500 feet to the USBRA Canal; thence southeasterly 700 feet along the southern border ofthe USBRA Canal back into Section 13, T39S, R9E; thence southeast 1600 feet to the northwestparcel comer ofan easement for the Enterprise Irrigation District; thence**east~northeast** 2200 feet to the eastern boundary ofSection 13, T39S, R9E; thence north to the southeast comerofSection 12, T39S, R9E; thence along the Enterprise Irrigation

Rules ofthis Division as last Posted by the SOS 05/0112007Attachment 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 1mile to a point in Section 6, T39S, R10E that is approximately 1700 feet north ofthe southern boundary ofSection 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 ofSection 6, T39S, RI0E; thence north approximately 112 mile to the southeast comerofSection 36, T38S, R9E, the point ofbeginning. (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, encompassingtwo (2) residential properties; thence on a line southto the intersection with the northernbank ofthe Grande Ronde River; thence westerly along the northernbankofthe Grande Ronde River to the intersection with the western edge ofMount Glenn Road and Riverside Park; thence north along the western edge ofMount Glenn Road and Riverside Park to the intersection withFruitdale Road; thence east along Fruitdale Road and the northernboundary ofRiverside Park to the eastern boundary ofRiverside Park; thence south along the eastern boundary ofRiverside Park to the north bankofthe Grande Ronde River; thence on a line southeast to the intersection with the northern edge of1-84; 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 ofSection 4, T3S, R38E; thence southto the intersection with Section 9, T3S, R38E, and the southern edge ofBuchanan Avenue; thence west along the southern edge ofBuchanan Avenue tothe intersection with the northern edge of1-84; thence on a line south to the southern edge of1-84; thence southeasterly along the southern edge of1-84 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 withU.S. Highway 30; thence southeast along U.S. Highway 30 to the intersection with the western boundary ofSection 15, T3S, R38E; thence on a line west following existing propertyboundaries 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 ona line north following existing property boundaries approximately 450 feet to the intersection withthe southernmostpart ofthe La Grande City Limits; thence westerly and northwesterly along the southernmostpart 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 existingproperty 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 05/01/2007Attachment 3.3, pg. 8 OREGON ADMINISlRATIVE RULES Chapter 340, Division 204

- Department ofEnvironmental Quality

on a line south following existing property boundaries approximately 900 feet; thence on a line west following existingproperty 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 LaGrande 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 LaGrande City Limits; thence northerly following that 3000 foot elevation contourline to the intersection with Deal Canyon Road; thence easterly along Deal Canyon Road to the intersection with the western boundary ofthe La Grande City Limits; thence northerly along the western boundary ofthe La Grande City Limits to the intersection with US. Highway 30; thence northwesterly along U.S. Highway 30 and following existingproperty boundaries approximately 1400 feet; thence on a line westto the intersection with the western boundary ofSection 6, T3S, R38E; thence north along the western boundaries ofSection 6, T3S, R38E and Section 31, T2S, R38E to the point ofbeginning. (13) "LakeviewUGB" means the areabeginning at the comer commonto sections 21, 22,27, and 28, T39S, R20E; thence north onthe section line between section 21 and 22 to the section comer common to section 15, 16, 21, and 22; thence west alongthe 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 eastbranch ofThomas Creek; thence northwesterly along the eastbranch ofThomas Creek to the center line ofHighway 140; thence east along the centerline ofHighway 140 to the section comer commonto 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 ofsection4 approximately 4,1318.6 feet; thence S 89 degrees, 11 minutes W 288.28 feet to the eastright ofway line ofthe old Paisley/LakeviewHighway; thence S 21 degrees, 53 minutes E along the easternright ofway ofthe oldPaisleylLakeviewHighway 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 ofway line ofU.S. Highway 395; thence southeasterly along the east right ofway line ofU.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 ofway ofU.S. Highway 395; thence southeast along the easternright ofway 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 ofsection 10, T39S, R20E; thence southeastto a point on the south line of the northeast quadrant ofthe northwest quadrant ofSection 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 ona line parallel to the eastright ofway line ofU.S. Highway 395 to the south line ofthe northwest quadrant ofsection 10, T39S, R20E; thence south 491 feet to the east right ofway ofU.S. Highway 395; thence southeasterly following the eastright ofway ofU.S. Highway 395255 feet to the south line

Rules ofthis Division as last Posted by the SOS 05/0112007Attachment 3.3, pg. 9 OREGON ADMINISTRATIVE RULES Chapter 340, Division 204

- Department ofEnvironmental Quality ofthe northeast quadrant ofthe northeast quadrant ofthe southwest quadrant ofsection 10, T39S, R20E; thence east along that south lineto the center line ofsection 10, T39S, R20E; thence continuing east along the same south line to the eastern boundary ofsection 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 ofsection 22, T39S, R20E; thence south alongthe eastern line ofthe western halfofthe eastern halfofsection 22to the southern boundary ofsection 22, T39S, R20E; thence west along the southern boundary ofsection 22 to the point ofbeginning. (14) "Maintenance Area" means any areathat was formerly nonattainment for a criteriapollutant but has since met EPApromulgated standards and has had a maintenanceplanto stay within the standards approved bythe EPA pursuant to 40 CFR 51.110 (July, 1993). (15) "Medford-Ashland Air Quality Maintenance Area" (AQMA) means the areadefined as beginning at a point approximately two and quartermiles northeast ofthe town ofEagle Point, Jackson County, Oregon at the northeast corner ofSection 36, Township 35 South, Range 1 West (T35S, RIW); thence South along the WillametteMeridianto the southeast corner ofSection25, T37S, RlW; thence southeast along a line to the southeast corner ofSection 9, T39S, R2E; thence south-southeast along line to the southeast corner ofSection 22, T39S, R2E; thence South to the southeast corner of Section 27, T39S, R2E; thence southwest along a line to the southeast corner ofSection 33, T39S, R2E; thence West to the southwest cornerofSection 31, T39S, R2E; thence northwest along a line to the northwest corner ofSection 36, T39S, RIE; thence West to the southwest corner ofSection 26, T39S, RIE; thence northwest along a line to the southeast corner ofSection 7, T39S, RIE; thence West to the southwest corner ofSection 12, T39S, RIW, T39S, RIW; thence northwest along a line to southwest corner ofSection20, T38S, RlW; thence Westto the southwest corner ofSection 24, T38S, R2W; thence northwest along a line to the southwest corner ofSection 4, T38S, R2W; thence West to the southwest corner ofSection 6, T38S, R2W; thence northwest along a line to the southwest corner ofSection 31, T37S, R2W; thence North and East along the Rogue Riverto the northboundary ofSection 32, T35S, RlW; thence East along a line to the point ofbeginning. (16) "Medford-Ashland CBD" means the areabeginning at the intersection ofCrater Lake Highway (Highway 62) south on Biddle Road to the intersection ofFourth Street, west onFourth Street to the intersection with Riverside Avenue (Highway 99), south on Riverside Avenue to the intersection withTenth Street, west onTenth Streetto the intersection with Oakdale Avenue, north on Oakdale Avenue to the intersection withFourth Street, east onFourth Streetto the intersection with Central Avenue, north on Central Avenueto 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 ofbeginning, with extensions along McAndrews Road east from Biddle Road to Crater Lake Avenue, and along Jackson Street east from Biddle Road to CraterLakeAvenue. NOTE: This definition also marks the area where indirect sources are required to have indirect source constructionpermits in the Medford area. See OAR 340-254-0040.

Rules ofthis Division as last Posted by the SOS 05/0112007Attachment 3.3, pg. 10 OREGON ADMINISTRATIVE RULES Chapter 340, Division 204

- Department ofEnvironmental Quality (17) "Medford UGB" means the area beginning at the line separating Range 1West and Range 2 West at a point approximately 114 mile south ofthe northwestcomerofSection 31, T36S, R1W; thence west approximately 112 mile; thence south to the north bank ofBear Creek; thence westto the south bank ofBear 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 tothe intersection withthe eastern boundary ofSection 10, T36S, R2W; thence south along said boundary line approximately 

### 3/4 mile; thence west approximately 113 mile; thence southto the intersectionwiththe 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 southto Finley Lane; thence westto the end ofFinley 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 ofRenaultAvenue 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 tothe south; thence approximately 850 feet; thence west approximately 600 feet; thence southto Stewart Avenue; 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 southto and along said connectingroad and continuing along South Stage Road to Fairlane Road; thence southto the end ofFairlane 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 onJudy 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 Avenue; thence south along Columbus Avenue 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 eastto 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 ofSection 6, T38S, R1W; thence east along saidboundary approximately 1100 feet; thence north approximately 1200 feet; thence east approximately 113 mile; thence north approximately 400 feet; thence eastapproximately 1000 feet to a drainage ditch; thence following the drainage ditch southeasterly approximately 500 feet; thence eastto the eastern boundary of Section 31, T37S, R1W; thence south along said boundary approximately 1900 feet; thence east to and along the loop offofRogue Valley Boulevard, following that loop to the Southern Pacific Railroad Line (SPRR); thence following SPRR approximately 500 feet; thence southto South Stage Road; thence east along South Stage Road to SPRR; thence southeasterly along SPRRto the intersection with the west fork ofBear 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 ofthis Division as last Posted by the SOS 05/0112007Attachment 3.3, pg. 11 OREGON ADMINISTRATIVE RULES Chapter 340, Division 204

- Department ofEnvironmental 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 9110 mile to the western boundary of Section 35, T37S, RlW; thence north to the midpoint ofthe western boundary ofSection 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 comerofSection 27, T37S, RlW; thence north along the eastern boundary line ofsaid 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 southeasterlyand then northerly to the intersectionwith Hillcrest Road; thence east along Hillcrest Road to the southeast comer ofSection 23, T37S, RlW; thence north to the northeast corner ofSection 23, T37S, R 1 W; thence west to the midpoint ofthe northern boundary ofSection 22; T37S, RIW; thence north to the midpoint ofSection 15, T37S, RIW; thence west to the midpoint ofthe western boundary ofSection 15, T37S, RlW; 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 northofButte Road; thence west approximately 300 feet; thence south approximately 250 feet; thence west on a line parallel to and approximately 250 feet north ofButte Road to the easternboundary ofSection 8, T37S, RlW; 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 ofSwanson 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 ona line southeast approximately 600 feet; thence east approximately 450 feet; thence south approximately 1600 feet; thence west approximately 2000 feet to the continuance ofthe private loggingroad 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, RlW; thence north approximately 1300 feet along said boundaryto the point ofbeginning. (18) "Nonattainment Area" means any areathat 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 criteriapollutant. (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 ofSection 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 05/0112007Attachment 3.3, pg.12 OREGON ADMINISTRATIVE RULES Chapter 340, Division 204

- Department ofEnvironmental Quality limits approximately 250 feet; thence ona 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 ona line south along the city limits to the channel ofthe Willamette River Middle Fork; thence south-easterly upthe Willamette River Middle Fork along the city limits approximately 7200 feet; thence exiting the Willamette River Middle Fork withthe city limits ina northerly manner and forming a rough semicircle with a diameter ofapproximately onehalfmile 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 withthe 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 ofSalmon Creek Road and U.S. Highway 58 to the intersection with the Southern Pacific Railroad Line; thence northerly along the SouthernPacific Railroad Line to the intersection with the northernboundary ofSection 22, T21S, R3E; thence west along the northern boundary ofSection 22, T21S, R3E to the intersection with Salmon Creek Road; thence on a line north to the intersection withthe Southern Pacific Railroad Line; thence east along the Southern Pacific Railroad Line approximately 600 feet; thence on a line northtothe 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 ofSection 15, T21S, R3E; thence west along the northern boundary ofSection 15, T21S, R3E to the intersection with the southeastern comer ofSection 9, T21S, R3E; thence north along the eastern boundary ofSection 9, T21S, R3E approximately 1300 feet; thence ona line west approximately 1100 feet; thence on a line south to the intersectionwith West OakRoad; thence northwesterly along West Oak Road approximately 2000 feet; thence on a line south to the intersection withthe northern boundary line ofthe city limits; thence westerly and northwesterly approximately 8000 feet along the city limits tothe point ofbeginning. (21) "Particulate Matter" means all finely divided solid orliquid 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 ofemissions, 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 ofambient concentration, means airborne finely divided solid or liquid material with an aerodynamic diameter less than orequal to a nominal 10 microns as measured in accordance with 40 CFR Part 50, Appendix J (July, 1993). (23) "Portland AQMA" means the areawithin the bounds beginning at the point starting on the OregonWashington state line inthe Columbia River atthe confluence with the Willamette River, thence east up the ColumbiaRiver 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 05/0112007Attachment 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 ofintersection with Deep Creek, thence southeasterly along Deep Creekto the confluence with Clackamas River, thence easterly along the Clackamas River to the confluence with Clear Creek, thence southerly along Clear Creekto the point where Clear Creek intersects SpringwaterRoad then to Forsythe Road, thence easterly along Forsythe Road to the intersection with Bradley Road, thence south along BradleyRoad 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 Roadto 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 ofintersection withBeaverCreek, thence westerly down BeaverCreek to the confluence with the Willamette River, thence southerly and westerly up the Willamette Riverto 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 tothe intersection with Patton Valley Road, thence easterly and northerly along Patton Valley Road to the intersection withTualatin 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 Roadto the intersection with Wilson River Highway, thence west and southwesterly along Wilson River Highway to the intersection withNarup 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 Roadto the intersection with Phillips Road, thence easterly along Phillips Road to the intersection with the BurlingtonNorthern Railroad Track, thence northeasterly along the Burlington Northern Railroad Line tothe 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 withthe ColumbiaRiver and the Oregon-Washington state line (the point ofbeginning).

Rules ofthis Division as last Posted by the SOS 05/0112007Attachment 3.3, pg. 14 OREGON ADMINISTRATIVE RULES Chapter 340, Division 204

- DepartmentofEnvironmental 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 inthe Oregon Revised Statutes (ORS) 268.125 (1989). (25) "Portland Vehicle Inspection Area" meansthe area ofthe state included within the following census tracts, block groups, and blocks as used in the 1990 Federal Census. InMultnomah 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 1,2ofTract 105; Blocks 360,361,362 ofTract 105; thatportion ofBlocks 357,399 ofTract 105 beginning at the intersection ofthe Oregon-Washington State Line (,'State Line") andthe northeast comer of Block Group 1ofTract 105, thence east along the State Line to the intersection ofthe State Line and the eastern edge ofSection 26, Township 1North, Range 4 East, thence south along the section line to the centerline ofState Highway 100 to the intersection ofState Highway 100 and the western edge ofBlock 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 ofTract 241; Block Groups 1,2,3,4 ofTract 242; Block Groups 1,2 ofTract 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 ofJuly 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 1ofTract 334; Block Group 2 ofTract 335; Block Group 1ofTract 336. In 

### Columbia County the following tracts, block groups, and blocks are included: Tract 9710.98; Block Groups 2,3 ofTract 9709.98; Blocks 146B, 148, 152 ofTract 9709.98. (26) "Rogue Basin" means the area bounded by the following line: Beginning at the NE comerofT32S, R2E, W.M., thence south along range line 2Eto 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 9Wto the NE comer ofT39S, R9W; thence eastto the NE comer ofT39S, R8W; thence north on range line 8Wto the SE comerof Section 1, T33S, R8W on the Josephine-Douglas County line; thence east on the Josephine-Douglas

Rules ofthis Division as last Postedbythe SOS 05/0112007Attachment 3.3, pg. 15 OREGON ADMINISTRATIVE RULES Chapter 340, Division 204

- Department ofEnvironmental Quality 

### and Jackson-Douglas County lines to the NE comer ofT32S, R1W; thence east along township line 32S to the NE comerofT32S, R2E to the point ofbeginning. (27) "Salem-KeizerArea Transportation Study" or "SKATS" 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 ofSection 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 Roadto the intersection with Jory Hill Road; thence west along Jory Hill Road to the intersection with Stone Hill Avenue; thence north along Stone Hill Avenue 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 ofSection 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 OakGrove 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 onthe East Bank; thence east and south along Simon Street to the intersection with Salmon; thence east along Salmonto the intersection with Ravena Drive; thence southerly and easterly along RavenaDrive 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 Avenue; thence south along 65th Avenue to the intersection with Labish Road; thence east along Labish Road to the intersection with the West Branch ofthe 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 Streetto the intersection with 62nd Avenue; thence south along 62nd Avenue 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 ofbeginning). (28) "UGA" means Urban Growth Area. (29) "UGB" means Urban Growth Boundary.

Rules ofthis Division as last Postedby the SOS 05/0112007Attachment 3.3, pg. 16 OREGON ADMINISTRATIVE RULES Chapter 340, Division 204

- Department ofEnvironmental Quality (30) "UmpquaBasin" means the area boundedby the following line: Beginning atthe SWcomer of Section 2, T19S, R9W, on the Douglas-Lane County lines and extending due south to the SWcomer ofSection 14, T32S, R9W, onthe 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 ofthe UmpquaNational Forest boundary ontheNW comer ofSection 32, T32S, R3W; thence northerly onthe UmpquaNational Forestboundary to the NE comer ofSection 36, T25S, R2W; thence west to theNW comer ofSection 36, T25S, R4W; thence north to the Douglas-Lane County line; thence westerly on the Douglas-Lane County line to the startingpoint. NOTE: This rule is included in the State ofOregon CleanAirAct 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 ofNonattainment Areas The following areas are designated as Nonattainment Areas: (I) Carbon Monoxide Nonattainment Areas: The Salem NonattainmentArea for CarbonMonoxide is the Salem-Keizer AreaTransportation Study as defined in OAR 340-204-0010. (2) PMI0Nonattainment 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 OAR340-204­ 0010. NOTE: This rule is included in the State ofOregon CleanAir 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 05/0112007Attachment 3.3, pg. 17 OREGON ADMINISTRATIVE RULES Chapter 340, Division 204

- Department ofEnvironmental 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 ofMaintenance 

### 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 OAR340-204-0010. (c) The Medford Carbon Monoxide Maintenance Area is the Medford UGB as defined in OAR 340­ 204-0010. NOTE: 

### EPA maintenance planapproval 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 Areais the Grants Pass UGB as defined in OAR 340-204­ 0010. (b) 

### The Klamath Falls PMI0 Maintenance Area is the KlamathFalls UGB as defined in OAR340­ 204-0010.

Rules ofthis Division as last Posted bythe SOS 05/0112007Attachment 3.3, pg. 18 OREGON ADMINISTRATIVE RULES Chapter 340, Division 204

- Department ofEnvironmental Quality (c) The Medford-Ashland PM10 Maintenance Areaisthe Medford-Ashland AQMA as defined in OAR340-204-0010. 

### NOTE: EPA maintenance plan approval and redesignation pending. (d) The La Grande PMlO Maintenance Areais the La Grande UGB as defined in OAR 340-204­ 0010. 

### NOTE: EPA maintenance plan approval and redesignationpending. (e) The Lakeview PM10 Maintenance Area is the LakeviewUGB as defined in OAR 340-204-0010. 

### NOTE: EPA maintenance plan approval and redesignationpending. 

### NOTE: Thisrule is included inthe State ofOregon Clean Air Act Implementation Plan as adopted by the Environmental Quality Commissionunder 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 ofthis Division as last Posted by the SOS 05/0112007Attachment 3.4. pg. 1 OREGON ADMINISTRATIVE RULES Chapter 340, Division 224

- Department ofEnvironmental Quality 

### DEPARTMENT OF ENVIRONMENTAL QUALITY DIVISION 224 MAJORNEW SOURCE REVIEW 340-224-0050 Requirements for Sources in NonattainmentAreas Proposed major sources and majormodifications that would emit a nonattainment pollutant within a designated nonattainment area, includingVOC orNOx in a designated OzoneNonattainment Areamust meet the requirements listed below: (1) Lowest Achievable Emission Rate (LAER). Theowneroroperator must demonstrate that the source ormodification will comply with the LAER for each nonattainmentpollutant emitted at orabove the significant emission rate (SER). (a) For a major modification, the requirement for LAER applies onlyto each emissions unit that emits thepollutant in question and was installed since thebaselineperiod orthemostrecent New SourceReview construction approval for thatpollutant, and to each modified emission unit that increases actual emissions ofthe pollutant in question abovethe nettingbasis. (b) Forphased constructionprojects, the LAER determination must bereviewed at the latest reasonable timebefore commencing construction ofeach independentphase. (c) Whendetermining LAER for a change that was made at a sourcebefore the current NSR application, the Department will considertechnical feasibility ofretrofitting required controls provided: (A) The change was made in compliance with NSRrequirements in effect whenthe change was made, and (B) No limit will berelaxedthat was previouslyrelied on to avoid NSR. (d) Individual modifications with potential to emit less than 10percent ofthe SER are exempt from this section unless: (A) They are not constructed yet; (B) They are part ofa 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, orinviolation of, the Department's approval.

Rules ofthis Division as last Postedby the SOS 05/0112007Attachment 3.4, pg. 2 OREGON ADMINISTRATIVE RULES Chapter 340, Division 224

- DepartmentofEnvironmental Quality (2) Offsets andNetAir Quality Benefit. The owneror operatormust obtain offsets and demonstrate that a net air qualitybenefit will be achieved as specified in OAR 340-225-0090. (3) Additional Requirements for Federal Major Sources: (a) The owneror operator ofa source that emits orhas the potential to emit 100 tons per year ofany regulated NSRpollutant must evaluate alternative sites, sizes, productionprocesses, and environmental control techniques for theproposed source ormodification and demonstrate that benefits ofthe proposed source ormodification will significantly outweigh the environmental and social costs imposed as a result ofits location, construction ormodification. (b) The owneror operatorofa source that emits orhas thepotential to emit 100 tons peryear ofany regulated NSRpollutant must demonstrate that all major sources owned or operatedby such person (orby an entity controlling, controlledby, orunder common control with suchperson) 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 owneroroperator ofa federal major source mustmeet the visibility impactrequirements in OAR 340-225-0070. NOTE: This rule is included in the State ofOregon CleanAirAct 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 maintenancepollutant within a designated maintenance area, including VOC orNOx 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 owneroroperator must apply BACT for eachmaintenance pollutant emitted at a SER. (a) For a majormodification, the requirement for BACT applies onlyto:

Rules ofthis Division as last Posted bythe SOS 05/01/2007Attachment 3.4, pg. 3 OREGON ADMINISTRATIVE RULES Chapter 340, Division 224

- Department ofEnvironmental Quality (A) 

### Eachnew emissions unit that emits the pollutant in question and was installed since the baseline period orthe most recentNew 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) Forphased constructionprojects, the BACT determination must be reviewed at the latest reasonable time before commencement ofconstruction ofeach 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 NSRrequirements 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 withpotential 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 ofa discrete, identifiable larger project that was constructed within the previous 5 years and that is equal to orgreater than 10 percent ofthe significant emission rate; or (C) They were constructed without, orinviolation of, the Department's approval. (2) Air Quality Protection: (a) Offsets andNetAir 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 inpart in an ozone or carbon monoxide maintenance area with an allocation by the Department from a growth allowance, ifavailable, in accordance with the applicable maintenance plan in the SIP adopted by the Commission and approvedby 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 05/0112007Attachment 3.4. pg.4 OREGON ADMINISTRATIVE RULES Chapter 340, Division 224

- Department ofEnvironmental Quality (c) In a carbonmonoxide maintenance area, a proposed carbon monoxide major source ormajor modification is exempt from subsections (a) and (b) ofthis section ifthe owner or operator can demonstrate that the source ormodification will not cause or contribute to an air quality impact equalto or greaterthan 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 ormajor modification is exempt from subsection (a) ofthis section ifthe owner or operator can demonstrate, pursuantto the requirements ofOAR 340-225-0045, that the source ormodification 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) or45 ug/m3 (annual average) inthe LakeviewPM10 maintenance area. In addition, a single source impact is limited to an increase of5 ug/m3 (24-houraverage) inthe Lakeview PM10 maintenance area. (e) Proposed major sources and major modifications located in or that impact the Salem Ozone Maintenance Areaare exempt from OAR 340-225-0090 and section (2)(a) ofthis rule for VOC and NOx emissions withrespect to ozone formation inthe Salem Ozone Maintenance Area. (3) The owneror operator ofa source subjectto this rule mustprovide 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 owneroroperator ofa federal major source subjectto this rule mustprovide an analysis ofthe air quality impacts for the proposed source ormodification in accordance with OAR 340-225-0050(3) and 340-225-0070. In addition to the provisions ofthis section, provisions ofsection 340-224-0070 also apply to federal major sources. (5) Contingency Plan Requirements. Ifthe contingencyplan in an applicable maintenance plan is implemented due to a violation ofan 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) ofthis rule is replaced by the requirement for LAER contained in OAR 340-224-0050(1). (b) An allocation from a growth allowance may notbe usedto meetthe requirement for offsets in section (2) ofthis rule. (c) The exemptionprovided in subsection (2)(c) and (2)(d) ofthis rule for major sources ormajor modifications within a carbon monoxide or PM10 maintenance area no longer applies.

Rules ofthis Division as last Posted by the SOS 05/0112007Attachment 3.4, pg. 5 OREGON ADMINISTRATIVE RULES Chapter 340, Division 224

- Department ofEnvironmental 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 Departmentbefore the maintenance area was redesignated from nonattainment to attainment by EPA. Such a source is subjectto OAR 340-224-0050. NOTE: 

### This rule is included in the State ofOregon 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 05/01/2007Attachment 3.5, pg. 1 OREGON ADMINISTRATIVE RULES Chapter 340, Division 225

- Depar1ment ofEnvironmental Quality 

### DEPARTMENT OF ENVIRONMENTAL QUALITY
DIVISION 225 AIR QUALITYANALYSIS REQUIREMENTS 340-225-0090 Requirements for Demonstrating a NetAir QualityBenefit Demonstrations ofnet air quality benefit for offsets must includethe following: (1) Ozone areas (VOe and NOx emissions). For sources capable ofimpacting a designated ozone nonattainment ormaintenance area; (a) Offsets for voe and NOx arerequired ifthe source will belocated withinthe designated area or within the OzonePrecursor Distance. (b) The amount and location ofoffsets must bedetennined in accordance with this subsection: (i) Fornew ormodified sources locating within a designated nonattainment area, the offsetratio is 1.1: 1. These offsets must come from within either the samedesignated nonattainment area as the new ormodified source oranother ozone nonattainment area (with equal orhighernonattainment classification) that contributes to a violation oftheNAAQS inthe same designated nonattainment area as the new or modified source. (ii) Fornew ormodified sources locating within a designated maintenance area, the offset ratio is 1.1 :1. These offsets may come from within eitherthe designated area orthe ozoneprecursor distance. (iii) Fornew ormodified sources locating outside the designated area, but withinthe ozone precursor distance, the offsetratio is 1: 1. These offsets may come from within either the designated area or the ozoneprecursor distance. (iv) Offsets from outside the designated areabut within the OzonePrecursor Distance must be from sources affecting the designated area in a comparable manner to the proposed emissions increase. Methods for detennining offsets are described inthe Ozone Precursor Offsets definition (OAR 340-225-0020(11)). (c) In lieu ofobtaining offsets, the owneror operatormay obtain an allocation at the rate of 1:1 from a growth allowance, ifavailable, in an applicable maintenanceplan. (d) Sources within or affectingtheMedford Ozone Maintenance Area are exempt from the requirement for NOx offsets relatingto ozone formation.

Rules ofthis Division as last Postedbythe SOS 05/0112007Attachment 3.5, pg. 2 OREGON ADMINISTRATIVE RULES Chapter 340, Division 225

- Department ofEnvironmental 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 operatormust: (A) Obtain offsets from within the same designated nonattainment area; (B) Provide a minimum ofI:} offsets for emission increases overthe Netting Basis; (C) Provide a net air qualitybenefit within the designated nonattainment area. "NetAir Quality Benefit" means a reduction in concentration at a majorityofthemodeled receptors and less than a significant impact level increase at all modeled receptors; (D) Provide offsets sufficientto demonstrate reasonable further progress toward achieving the NAAQS. (b) For a source locating outside a designated nonattainment areabut causing a significant air quality impact onthe area, the owneroroperator mustprovide offsets sufficientto reduce the modeled impacts below the significant air quality impactlevel (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 oroperatormusteitherprovide offsets sufficientto 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 allowedby an applicablemaintenance plan. These offsets may come from within or outside the designated maintenance area. (A) Medford-Ashland AQMA: Proposed new majorPMl0 sources ormajorPMl0 modifications locating within the AQMA that are required to provide emission offsets under OAR 340-224­ 0060(2)(a) mustprovide reductions in PMI0 emissions equal to 1.2 times the emissions increase overthe nettingbasis from thenew ormodified source, and mustprovide a net air qualitybenefit within the AQMA. "Net Air QualityBenefit" means a reduction in concentration at a majority ofthemodeledreceptors and less than a significantimpactlevel increase at all modeledreceptors. (B) Medford-Ashland AQMA: Proposed new major PMl0 sources ormajorPM}0 modifications located outsidetheMedford-Ashland AQMA that cause a significant air quality impact on the AQMAmustprovide reductions inPMl0 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 112007Attachment 3.5, pg. 3 OREGON ADMINISTRATlVE RULES Chapter 340, Division 225

- Department ofEnvironmental Quality 

### (3) The emission reductions used as offsets must be ofthe same type ofpollutant as the emissions from the new source or modification. Sources ofPMI0mustbe offset with particulate in the same size range. (4) The emissionreductions used as offsets must be contemporaneous, that is, the reductions must take effectbefore the time ofstartup butnot more than two years before the submittal ofa 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. Inthe case ofreplacement facilities, the Department may allow simultaneous operation ofthe old and new facilities during the startup period ofthe new facility, ifnet emissions are not increased during that time period. Any emissionreductions mustbe 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 ofshort term, seasonal, and yearly time periods to mitigate the effects ofthe proposed emissions. NOTE: This rule is included in the State ofOregon CleanAir 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 bythe SOS 0510112007Attachment 3.6, pg. 1 OREGON ADMINISTRATIVE RULES Chapter 340, Division 232 Department ofEnvironmental Quality 

### DEPARTMENT OF ENVIRONMENTAL QUALITY DIVISION 232 EMISSION STANDARDS FORVOC POINT SOURCES 340-232-0010 Introduction (1) This division regulates sources ofVOC which contribute to the fOmlation ofphotochemical oxidant, mainly ozone. (2) Since ozone standards are not violated in Oregon from Octoberthrough April (because of insufficient solar energy), natural gas-fired afterburners maybe pemlitted, on a case-by-casebasis, to layidle duringthe wintermonths. (3) Sources regulated bythis 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) ofthis section, including: (a) Gasoline dispensing facilities, storagetank 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 includingpaper coating and miscellaneous painting; (h) Aerospace componentcoating; (i) Degreasers; (j) Asphaltic and coal tarpitch in roofing; (k) Flat wood coating; (1) Rotogravure and Flexographicprinting; (m) Automotive Gasoline.

Rules ofthis Division as last Posted bythe SOS 05/0112007Attachment 3.6, pg. 2 OREGON ADMINISTRATIVE RULES Chapter 340,Division 232

- Department ofEnvironmental Quality (4) Emissions units not coveredbythe source categories listed in section (3) ofthis rule which emit or have thepotential to emit over 100tons ofVOCper year are subjectto OAR 340-232-0040(5). NOTE: This rule is included inthe State ofOregon Clean AirAct Implementation Plan as adopted by the Environmental QualityCommission 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; DEQ4-1993, 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 newmajor sources ormajor modifications at existing sources, located within the areas cited in section (2) ofthis rule, shall complywith OAR 340 division 224 (New Source Review). (2) All new and existing sources inside the following areas shall complywith the General Emission Standards for Volatile Organic Compounds: (a) Portland-Vancouver Air QualityMaintenance Area; (b) Medford-Ashland Air QualityMaintenance Area; (c) Salem-Keizer AreaTransportation Study (SKATS) Area. (3) VOC sources located outside the areas citedin 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 applyReasonably Available Control Technology (RACT) subject to the categorical RACT requirements set forth in this division. Compliancewith the requirements in this division shall bepresumed to satisfythe RACT requirement. NOTE: This rule is included in the State ofOregon CleanAirAct 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 lastPostedby the SOS 05/0112007Attachment 3.6, pg.3 OREGON ADMINISTRATIVE RULES Chapter 340, Division 232

- Department ofEnvironmental 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

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- Department

## ofEnvironmental Quality 

### DEPARTMENT OF ENVIRONMENTAL QUALITY DIVISION 242 RULES APPLICABLE TO THE PORTLAND AREA Employee Commute Options Program 340-242-0010 Whatis theEmployee Commute OptionsProgram? (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 ofseveral 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 AirAct ImplementationPlan 

### as adopted by the Environmental Quality Commissionunder 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 ofTerms, OAR 340-242-0050. 

### NOTE: This rule is included inthe State ofOregon CleanAirAct ImplementationPlan 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

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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 mustprovide commute options that have thepotential to reduce employee commute auto trips by ten percent withinthree years ofits baseline survey. Employers must continue to provide commute options thathave 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 inthe State ofOregon CleanAirAct Implementation Plan as adopted by the Environmental Quality Commission under OAR340-200-0040. 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? Enforcementprocedures 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 tenpercenttrip reduction is not a violation; failure to make a good faith effort toward, or prepare and implement a plandesigned to achieve, a tenpercenttrip reduction is a violation. Civil penalties are determined under OAR 340-012-0045 NOTE: This rule is included in the State ofOregon CleanAirAct 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 ofTerms Used in These Rules The definitions in OAR340-200-0020,340-204-0010 and this rule apply to OAR 340-242-0010 through 340-242-0290. Ifthe sameterm is defined inthis rule and OAR 340-200-0020 or 340-204-0010, the definition inthis rule applies to OAR 340-242-0010 through 340-242-0290.

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- Department ofEnvironmental Quality (1) "AQMA" means the Portland Air Quality Maintenance Area. (2) "Auto Trip" means a commutetrip taken by vehicle to a work site. (3) "Auto Trip Rate" means the number ofcommute vehicles arriving at a work site divided by the number ofemployees thatreport 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 newor expanding employerbecomes subject to the ECO rules, or when an employer relocates. (6) "CarNanpool" means a motor vehicle occupiedbytwo or more people traveling together for their commute trip that results inthe reduction ofa minimum ofone auto trip. (7) "Compressed Work Week" means a schedule in which employees work their regularly-scheduled number ofhours in fewer days per week or over a number ofweeks (for example, a 40-hour, 8 hours per day, Monday through Friday workweek 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 OAR340-242-0010 through 340-242-0290. (10) "Employee" means anyperson onthe employer's payroll, full orpart-time (part time is 80 ormore hours per 28-dayperiod), for at least six consecutive months at the same work site, including business owners, associates, partners, andpartners 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 ofvehicle emissions, or other sources of volatile organic compounds (VOC) and nitrogen oxides (NUx) emissions, thatresults 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 PortlandAQMAthat 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, oremployees are on-call. This does not include employees working a traditional "8 to 5"job who may work on a flexible schedule.

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- Department ofEnvironmental Quality (16) "TargetAuto Trip Rate" means a rate ten percent less thanthe 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 commutingto work. The employees may telecommute full time, or commuteto work on some days and telecommute on others. (19) "Vehicle lt or "Auto" means a highway vehicle poweredby 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 ofbuildingsthat are in actual physical contact or separated only by a private orpublic roadway or otherright-of-way. NOTE: This rule is included in the State ofOregon Clean AirAct 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 theMajorRequirements ofECO? To complywith ECO, employers must: (1) Conduct a baseline survey ofemployees 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:

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- Department ofEnvironrnental Quality (a) Prepare and implement an auto trip reduction plan for each work site and submitthe 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 ofparticipation 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 OAR340-242-0110. (6) Survey employees every two years, report survey findings to the Department; and (7) Continue to implement strategies to achieve ormaintain the target auto trip rate. 

### NOTE: This rule is included inthe State ofOregon Clean AirAct 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 mustbe submitted with the registration form in the format described on the registration form. 

### NOTE: This rule is included inthe State ofOregon Clean AirAct 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

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- Department ofEnvironmental Quality What are the Requirements for an Employee Survey? (1) Employers may use the survey form provided by the Department oran alternate instrument. Any alternate survey instrument mustbe approved bythe Departmentbefore use and mustprovide an opportunity for employees to indicate an interest in a carpoolmatching program; (2) The employermust distribute the survey form to all employees and achieve a minimumresponse 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 modeto the percentage ofemployees who did notrespond up to the 75% rate; (3) Employers with more than 400 employees at a work site may survey a statistically valid random sample ofemployees 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 notbordering a holiday; (5) The baseline survey must not be distributed to employees earlierthan one yearbefore reporting the results to the Department (older baseline surveys canbe used to apply for credit, see OAR 340-242­ 0250); (6) Follow-up surveys mustnotbe distributed to employees earlier than 90 days before reporting the results to the Department; (7) Employers mustreport survey findings to the Department every two years, and; (8) Analternative method maybe substituted for the survey. Alternative methods mustbe at least as accurate as survey findings and mustbe approved by the Department (such methods might include counting cars in an employee parking lotorconducting work site entrance verbal surveys). NOTE: This rule is included inthe State ofOregon Clean Air Act ImplementationPlan as adopted by theEnvironmental 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 Ifan Employer Does Not Meet the TargetAuto Trip Rate? (1) An employerwith an approved plan who has fully implemented its plan yethas not achieved its target auto trip rate by the target compliance date, ordoes not maintain its target rate onbiennial

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- Department ofEnvironmental Quality basis, must submit a revised plan within 60 days following the target compliance date in any given year. Ifan 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 reductionprogram 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. Ifan employer cannot demonstrate that a good faith effort was made, the employer is subject to an enforcement actionby 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 notreached. The employer must maintain strategies identified in its plan, orrevisions 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 OAR340-200-0040. [ED. NOTE: Tablesreferenced 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 Departmentwill 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 ImplementationPlan as adopted by the Environmental Quality Commissionunder 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?

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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 ofbaseline and target auto trip rates; (3) Any employee commute option programs currently in use atthe work site; (4) New commute options to beimplemented 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 supportedby the employer have the potential to achieve and maintainthe target auto trip rate (employers may reference the Department's report Alternatives to Single Occupant Vehicle Trips orprovide equivalent documentation); (6) Any unique aspects ofthebusiness orwork site influencing the trip reduction strategies selected; (7) A schedule for implementing each ofthe selected commute optionmeasures; (8) Any alternative emission reduction proposals prepared by the employer according to OAR340-242­ 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 inthe 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 theEnvironmental Quality Commission under OAR340-200-0040. [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 andthen 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:

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- 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 commutepatterns and progress toward achieving the targettrip reduction; (2) Employer selected trip reduction strategies that had a reasonable likelihood ofsuccess based on documentation inthe Department's report Alternatives to Single OccupantVehicle Trips or equivalent documentation (for example, auto trip reduction experienceby 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 employerto achieve the target auto trip rate bythe target compliance deadline. NOTE: This rule is included inthe State ofOregon Clean Air Act ImplementationPlan as adopted by the Environmental Quality Commission under OAR340-200-0040. [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) Anexpanding employer who increases the number ofemployees 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. Anemployerrelocating a work site within the Portland AQMA is considered a new employerupon relocation and must set a new baseline andtarget auto trip rate and comply with the ECO rules. Relocating employers may apply for credit for existing trip reductions that carry overto the new work site. Expanding employers and new employers must meetthe requirements ofthis rule within the following number ofdays 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 meetthe targettrip reduction and submit a trip reduction plan ornotice ofintent 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 ofsurveying. (2) Anemployer affected by this rule may choose to demonstrate compliance through 340-242-0260(5) 

### (use of area average rate).

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OREGON ADMINISTRATIVE RULES Chapter 340, Division 242

- Department ofEnvrronmental Quality NOTE: This rule is included inthe State ofOregon CleanAirAct 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 newwork site meets the requirements ofthe Department's Voluntary Parking Ratio rules (OAR 340-242-0300 through 340-242-0390); or (2) Ifthe employerprovides free or subsidizedparking, including leased parking, above the Department's maximum parkingratio to any employees at the work site (except to employees required to have a vehicle atthe work site as a condition ofemployment), then either: (a) A transportation allowance is offered to those employees provided free or subsidizedparking that exceeds the Department's maximum parkingratio. The transportation allowance must be offered in lieu ofthe free or subsidizedparking in anamount equal to orgreaterthanthe amount ofthe subsidy, but not to exceed the maximum allowedfor 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 atthe work site are offered a transit subsidy or its equivalent at least equal to 50 percent ofthe value ofa Tri-Metall-zone transit pass. (3) An employer must submitthis documentation with an exemption application to the Department by the deadline for plan ornotice submittal and certify that they continue to meet these requirements every two years. Employers meeting the requirements ofthis rule do not need to conduct a baseline survey ofemployees. However, employers whose applications are denied mustthen conduct a baseline survey and submitthe findings to the Department within 90 days ofnotice by the Department. NOTE: This rule is included inthe State ofOregon CleanAir Act Implementation Plan as adopted by the Environmental Quality Commission under OAR340-200-0040. 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 ofthis Division as last Postedby the SOS 05/0I/2007Attachment 3.7, pg. 11 OREGON ADMINISTRATIVE RULES Chapter 340, Division 242 • Department ofEnvironmental Quality 340-242-0210 Can an ExistingEmployer 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 employerprovides documentation ofthe following. An employer must submitthis documentation with an exemption application to the Department by the deadline for plan ornotice 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 ofemployees. However, employers whose applications are denied must then conduct a baseline survey and submitthe findings to the Department within 90 days ofnotice 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-halfmile radius ofthe work site; and (3) Ifthe employerprovides 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 ofemployment), 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 mustbe offered inlieu ofthe free or subsidizedparking in an amount equal to or greater thanthe amount ofthe subsidy, butnot 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 ofa Tri-Met all-zone transit pass. NOTE: This rule is included inthe State ofOregon Clean AirAct 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 ifan Employer Has More Than One Work Site Within the Portland AQMA?

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- Department ofEnvironmental Quality (1) An employer with more than one work site in the Portland AQMAmay average its targettrip 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 planmay be developed for all work sites ofan individual employer, but strategies must be selected based on the specific transportation characteristics ofeach work site. (3) Work sites with 100 orfewer employees may be included inthe interest ofaveraging trip reductions among all work sites. Those work sites mustthen survey and fmdings mustbe included inthe employer's report to the Department. NOTE: This rule is included in the State ofOregon Clean Air Act Implementation Plan as adopted by theEnvironmental 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 

### AreThereAlternatives to Trip Reduction? Alternatives to trip reduction include: (l)Employers may purchase surplus trip reductions from other employers required to comply with ECO to meetpartor all ofthe target trip reduction. Surplustrips mustbe documented by survey before sale and mustbe maintained. The Departmentmust approve proposed transactions priorto finalizing. The Departmentwill confirm surplus trip transactions by letter to both employers. (2) Employers may substitute equivalentemission reductions to meet their targettrip reduction. Equivalent emissionreductionproposals mustbe included in the employer's trip reduction plan or submitted with the notice ofintentto comply without an approved plan. In order to receive credit as an equivalent emissionreduction, the Departmentmustreview and approve proposalsbefore an employer implementsthe strategy. Employers selecting equivalent emission reduction strategies ' must meet the following requirements: (a) Employer sufficiently documented emission calculations so that the Department canquantify and verify the reduction; (b) Employer calculated equivalent emissions according to guidelines issued bythe Department. The Department must approve any alternate or modified calculation methods; (c) Employer submits, on the same schedule as the biennial survey findings, documentation ofactual equivalent emissions achieved;

Rules ofthis Division as last Posted by the SOS 05/0112007Attachment 3.7, pg.13 OREGON ADMlNISTRATIVE RULES Chapter 340, Division 242

- DepartmentofEnvironmental Quality (d) Equivalent emissionreductions may not bebought or sold between employers for the purpose of meeting the target trip reduction. (3) Employers may contribute to anemission reduction fund at an annual rate of$100 per employee at the work site (see OAR 340-242-0060 to determine count ofemployees). 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 emissionreduction fund will be administered through Metro for new transit service, localjurisdictionalternative mode projects, and business-based Transportation Management Association (TMA) programs thatresult intrip reductions. Employers must make annual payments overthe compliance period. The amountwill be adjusted annually according to the Consumer Price Index. NOTE: This rule is included inthe State ofOregon CleanAir 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 Departmentmay 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. Ifthe employer objects to any condition orlimitation inthat 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 inactual trip reductions byproviding: (a) A description ofthe trip reduction programs and howthey were implemented; (b) The period oftime that the programs have beeninplace; (c) Survey findings or comparable documentation that demonstrates a tenpercent reduction inthe auto trip rate for the work site; and (d) Current survey findings or comparable documentation verifying the employerhas maintained the reduced auto trip rate. (2) Applications for credits mustbe submitted to the Department with the trip reduction plan ornotice of intent to reduce trips through participation in anequivalent commute trip reduction program.

Rules ofthis Division as last Posted bythe SOS 05/01/2007Attachment 3.7, pg. 14 OREGON ADMINISTRATIVE RULES Chapter 340, Division 242

- Department ofEnvironmental Quality (3) Credits will not be discounted and will be granted ona 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, anemployer may choose to provide documentationthat its single occupant vehicle commute rate, atthetime ofregistration, is equal to or lessthantwo standard deviations belowthe meanrate for the Metrotransportation zone which includesthe employer's work site. Commute data for Metro'stransportation zones is available from the Department. NOTE: This rule is included inthe State ofOregonCleanAirActImplementationPlan as adoptedby the Environmental Quality Commissionunder 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 ifan Employer is Unable to Reduce Trips orTake 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 thanthirty minute intervals; or (B) Thepublic transit service point is further than one-halfmile from employee's usual parking area; or (C) Work shiftchanges occurbetween 8:30 p.m. and 5:30 a.m.. (b) Upon completingthe employee survey and providing reasonable promotion for a carpool matchingprogram, employees indicating a willingness to car/vanpool cannotbe matched within the work site or through Tri-Met's carpool matching database or employee turnover rate is greaterthan 50 percentperyear; (c) The nature ofemployees' work requires themto performtheir work atthe work site orduring specific hours and days, eliminating the possibility oftelecommuting orcompressed work weekslhours; and

Rules ofthis Division as last Posted by the SOS 05/0112007Attachment 3.7, pg. 15 OREGON ADMINISTRATIVE RULES Chapter 340, Division 242

- Department ofEnvironmental 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 ofan 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 indirect proportion to the remaining work trips to be reduced afterquantifying all available equivalent emission reductions. (3) Employers must submit requests for partial ortotal exemptions to the Department, on application forms provided by the Department, by the deadline for plan ornotice submittal. The Department will approve or deny the employer's request for exemptionby letterto the employer. Ifthe employer objects to any condition or limitation inthat letter, the employer may request a contested case hearing as described inOAR 340-242-0170. (4) Employers must renew requests for exemptions every three years. NOTE: 

### This rule is included inthe State ofOregon Clean Air Act Implementation Plan as adopted by the Environmental Quality Commissionunder 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 Managementprogram (see OAR 340-242-0400 through 340-242-0440) are exempt from the ECO rules. NOTE: 

### This rule is included inthe 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 ofRecords Must Be Kept and for How Long?

Rules ofthis Division as last Posted by the SOS 05/0112007Attachment 3.7, pg. 16
OREGON ADMINISTRATIVE RULES Chapter 340, Division 242

- Department ofEnvironmental 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 mustmake those records available to the Department upon request. Records mustinclude: (1) The contents and results ofemployee surveys or other information gathering efforts; (2) A full description ofall measures and incentives offered to employees and the associated employee responses; (3) Other information associatedwiththe development, implementation, evaluation, or modification of the trip reduction program. NOTE: This rule is included inthe State ofOregon Clean Air Act Implementation Plan as adopted by the Environmental Quality Commissionunder OAR340-200-0040. 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 orNOx that are required to provide a net air quality benefit under the provisions ofOAR 340-225-0090 for the Portland Air Quality Maintenance Area (AQMA). (2) OAR 340-242-0430 and 340-242-0440 apply to newmajor sources and major modifications that emit CO within the Portland Metro Area, including newmajor 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 ofOregon CleanAir Act Implementation Plan as adopted by the Environmental Quality Commissionunder OAR340-200-0040. 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 ofTerms

Rules ofthis Division as last Posted by the SOS 05/0112007Attachment 3.7, pg. 17 OREGON ADMINISTRATIVE RULES Chapter 340, Division 242

- Department ofEnvironmental 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 inthis rule and OAR 340-200-0020 or 340-204-0010, the definition inthis rule applies in OAR 340-242-0400 through 340-242-0440. (1) "PSEL" means the Plant Site Emission Limit ofan 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 bythe Environmental Quality Commissionunder 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 PSELto 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 priorto January 1,2006. 

### (2) VOC sources donating at least 35 percent oftheirunused PSEL and NOx sources donating at least 50 percent oftheir unused PSEL will receive the following incentives and considerations from the Department for participating inthis 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 permitprocessing for any required air quality permit; (c) In accordance with OAR 340-242-0430 and 340-242-0440(1), priority use ofup to 50 percent of any remaining growth allowance. This applies only to sources making permanent donations, pursuant to section (3) ofthis rule; and

Rules ofthis Division as last Posted bythe SOS 05/0112007Attachment 3.7, pg.18 OREGON ADMlNISTRATIVE RULES Chapter 340, Division 242

- Department ofEnvironmental Quality (d) Other considerations may be added to the donation agreement ona case-by-case basis, consistent withthe 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"majormodification" 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 ofboth 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 OAR340-200-0040. 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 ofeach growth allowance is defined in the State Implementation Plan and is onfile with the Department. (2) The owner or operatorofa proposed newmajor source ormajor modification emitting VOCs, NOx, or CO may obtain a portion ofthe respective growth allowance pursuant to OAR340-242-0440. (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 1to 1ratio, and for VOC andNOx emissions at a 1.1 to 1ratio (i.e., demonstrate a 10% new reduction). 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. [Publications: Publicationsreferenced 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 05/0112007Attachment 3.7, pg. 19 OREGON ADMINISTRATIVE RULES Chapter 340, Division 242

- Department ofEnvironmental Quality Industrial Growth Allowance Allocation (1) 

### The owner or operator ofa proposed new major source ormajor modification emittingVOCs, NOx, or CO, as identified in OAR 340-242-0400, may obtain a portion ofany remaining emissions in the respective growth allowance in accordance with procedures described inthe 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 ofa complete permit application; (b) Unused PSEL donation sources that meet the donation criteria specified in OAR 340-242­ 0420(2) have priority access to theirrespective growth allowance as a "tie-breaker" over nondonation sources; (c) Except as provided below, no single source may receive an emissions allocation ofmore than 1,000 tons ofeither VOC orNOx ormore than 50% ofany remaining growth allowance; and (d) A single source must apply to the Environmental Quality Commission to receive more than 1,000 tons ofVOC orNOx, 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 otherbenefits to the Portland area that will result from the proposed new major source ormajor modification, and the availability ofemissions 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, Section4.58 ofVolume 2 ofthe State Implementation Plan on file with the Department. NOTE: 

### These rules are included in the State ofOregon Clean Air ActImplementation Plan as adopted bythe 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 ofthis 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 SalemlKeizerAQMA 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 j j j j j j j j j j j j j j j j j j j j j j j

j j

j j j j j j j j j j j j j j j j j j j j j

# Attachment 4 

# Evidence that the State followed the Administrative Procedures Act

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

### 4.2 Certificate and Order for Filing PennanentAdministrative Rules, filed April 12, 2007.Attachment 4.1, pg. 1 

# Oregon Bulletin
June 

### 1,2006 Notices ofProposed 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 AirAct 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 ofEnvironmental 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 maintenanceplan for the Salem area, as required bythe 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-arearules regarding Employee Commute Options, update rules for the Industrial Emission Managementprogram inPortland, and make housekeeping changes to clarifythe spelling ofthe Salem-Keizer Area Transportation Study air quality area. To submit comments orrequest 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, orat fitzgerald.marianne@deq.state.or.us, orby fax (503) 229-5675, orvisit DEQ's websitehttp://www.deq.state.or.us/news/publicnotices/ Rules Coordinator: Larry McAllister Address: Department ofEnvironmental Quality, 811 SW Sixth Ave., Portland, OR 97204 Telephone: (503) 229-6412

# DEOnt 4.2, pg.1 Secretary ofState Certificate and Order for Filing 

## APR 16 

## 2007 PERMANENTADl\fINISTRATIVE RULES

I certify thatthe attached copies* are true, full and correct copies ofthe PERMANENTRuJe(s) adopted on February 22, 2007 bythe 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 ChapterNwnber Lan;yMcAllister Agency Rules Coordinator 503-229-6412 Telephone 811 SW SixthAvenue, Portland, OR 97204 Address/email**mcallister.l~deq.state=.o""r",""u=s,,---** ___

to becomeeffectiveupon filing. RuJemaking Notice was published in theMay 2006 Oregon Bulletin.**

RULE CAPTION Portland-Vancouver and SalemOzone MaintenancePlan and SupportingRule 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 Chapter468, Chapter468A, 468.020 and 468A.025 Other Authority: FederalClean AirAct Statutes Implemented: ORS 468A.025, and 468A.035, 468A.363 RULE SUMMARY The OregonDepat1ment ofEnvironmental Quality (DEQ) updatedthe clean airplan. for maintaining compliance "With the federal 8­ hour ozone ambient air quality standard in the Portland area, and developed a maintenanceplan for the Salem area, as requiredbythe federal CleanAirAct. This rulemaking also updated DEQ's rules to reflect the federal ozone ambient air quality standard, designated Salem as an ozone "maintenance"area under staterules, modified Salem'snewsourcereviewrequirements fornew and expanding majorindustry, modified Portland-area rules regardingEmployee Commute Options, updatedrules for the Industrial Emission Managementprogram inPortland, and made housekeeping changes to clarifY the spelling ofthe Salem-KeizerArea Transportation Studyair qualityarea.

Au ori2ed SIgner



# Larry MeAl**hs~** 

## __**~** Printed name "Copies include a photocopy ofthis certificate withpaper and electronic copies ofeach rule listed in the Rulemaking Action. ""The Orego/! Bulletin is published onthe I stofeach month and updates the rule text found in the Oregon Administrative Rules Compilation. Notice fonns mustbe submitted to the Administrative Rules Unit, Oregon State Arehives, 800 Summer StreetNE. Salem, Oregon 97310 by 5:00 pm onthe 15th dayofthe preceding month unless this deadline falls ona Saturday, Sunday or legal holiday whenNotice forms are accepted until 5:00pmon the preceding workday

12-27-05

# Attachment 5 Evidence ofAdequate Public Notice

5.1 Affidavit ofPublication: The Oregonian, Notice ofJune 1,2006 publication. 5.2 Affidavit ofPublication: The Salem Statesman Journal, Notice ofJune 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 ofthe Clean AirAct. 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 ofthe Salem-KeizerArea 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 staffwill 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 ofthe 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 ofgeneral circulation" as defined by ORG 193.010 and 193.020, published in the city ofPortland, in ultnomah County, Oregon; thatthe 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 U

## 52006 Accounting OtUce f)ept. of Envlronmenta\ QualitvNOTICE OF PUBLIC .HEARlNG ON PROPOSED AIR QUALITY RULE AMENDMENTS The Department ofEnvironmental Quality (DEQ) iiproposing'tha:! the Environmeotal Quality Commission (EQc) revise the Stale Implementation Plan by adopting a Port· land·VancouverAir Quality MainrenanceArea (OregonPortion) and Salem-KeizerArea Ozone Maintenance Plan. Ifadopted, the proposedplan and rule amendments will be submitted to the US Environmental ProtectionAgency (EPA) as revisions to the Oregon State Implementation Plan, which is arequirement ofthe CleanAirAct. DEQ is updating the plan for maintaiDiDg compliance with the federal 8-hour OZOne anthientairquality standardin the Portlandarea. and developing a maintenance plan for the Salem area.This rulemaking also proposes to updale DEQ'srulesto retlectthe 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 majorindustry. modify Portland-arearules regarding Employee Commute Options, update rules for the Industrial Emission Management program inPortland, and make bousekeeping changes to clarify the spelling ofthe Salem·KeizerArea Transportation Study airquality 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 staffwillpreside atthe bearings wbere bothoral andwritten commentsmay be pre· sented. Written comments may also be submitted to the atteotion ofMarianne Fitzger· ald atOregon DEQ, Air Quality Division., 811 SWSixthAvenue. 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 mustbe receivedno laterthan July 14, 2006 at5:00 pm. Copies ofthe 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 atbttp·!iwwwdeg.state.Of.uslllQ btrn orcall 229-5946.

. .' Statesman Journal June 1,2006 Attachment 5.2, pg. 1

STATE OF OREGON,

. 

# }ss. County of Manon, .,

I Leah Thibeau

...................................................being First duly sworn., dispose and say that I am the principal clerk ofthe Statesman Journal, a newspaper ofgeneral circulation as defined by Sections 193.010 to 193.110, Oregonrevised Statutes; printed and Published at Salem in the aforesaid COWlty and state; that the RE- PUBLIC NOTICE - OREGON DEPARTMENT OF ENVIRONMENTAL QUALITY - Notice ofPublic Hearing on Air Quality Rule Amendments Emma Snodgrass Ad # 11290143

a printed copy of which is hereby annexed, was published in the entire issue ofsaid 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 2dO I

# Attachment 6 

# Certification ofpublic hearing

Seeparagraph three ofcover letter and Attachment 7.1

# Attachnlent 7 

# Compilation 

# ofPublic Comments and Department's Response

7.1 Presiding Officer's Report for Rulemaking Hearings dated July 20, 2006. 7.2 Compilation ofPublic Comment.Attachment7.1, pg.1



### Attachment C 

### State ofOregon Department ofEnvironmental 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 ofComments and Agency Responses for this rulemaking. 

### SalemHearing Before the hearing the rulewriter, Marianne Fitzgerald, gave a briefpresentation and answered questions on the rulemaking proposaL At the start ofthe hearing, Rachel Sakata asked people to signregistration forms ifthey wished to present comments and briefly explained the procedures for the hearing. People were also advised that the hearing wasbeingrecorded. The Department convenedthe 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.



# 117Attachment 7.'1, pg. 2 '

Memo To: Environmental Quality Commission Page 2



### Richard Scott Private citizen Mr. 

### Scott testified thathe did not agree with changing the rules to allow industryto emit morepounds ofpollution in Salem. Healso expressed concern over staffproje<;tions that projected NOx source category emissions will see decreases overtime, but that industry emissions ofNO x will remain relatively the same. Because ofthat, hedoes not agree with the provision to change the standards to allow room for industrial growth. Portland Hearing The Department convened therulemaking hearing on the proposal referenced above at 6:35 PM. No one attended the Portland hearing. DEQ staffremained available in case any latecomers wished to testify. No onecame, so DEQ closed thehearing 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. Ifa 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.

Comment2 DEO should adopt the maintenance plan and rules as proposed.

### ~ Commenters 7.10,11

_ _ _____ ___ 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 ifthe growth**~!19wanc~** were**f~~onsumed.** ample information pecifically, the public stablish the growth d Ozone Maintenance that offsets would be Response**r--------~-----** Comment4 --­ - - --.-----------------­ 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 

### (

2Attachment 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 ofthe 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. Ifthe 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, ifthe 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.

I CommentS , 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 underthe 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 withoutchange. 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

3Attachment 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 ofthe 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 ofthe 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.

.**-~-**
4Attachment 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. 12**Commente~** DEQ analyzed the potential effect ofthe 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 Frank 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

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