AUG : 1992

Oregon

Of H C^^E O DEPARTMENT OF

REMNAL ^^^DMINFS f A AT VIRONMENTAL,

July 29, 1992 QUALITY

U.S. Environmental Protection Agency, Region X

Attn: Dana Rasmussen, Administrator

1200 Sixth Avenue

Seattle, WA 98101

Re: Amendment of Oregon's

SIP. 1991 Oregon Revised

Statutes Replacement

Part.

Dear Ms. Rasmussen:

Enclosed are copies of Oregon Revised Statutes {ORS), Chapters

468 and 468A, 1991 replacement parts. ' These chapters include

statutes amended or adopted through July, 1991. Please note that

many air quality statutes were renumbered in 1991 and have been

placed in a separate chapter, 468A, while general administration is still contained within Chapter. 468. New authority which is of

significance is the woodstove curtailment authority contained in

ORS 468A.515. Statutes marked with an asterisk (*) are not

included as part of the SIP. . No legislative changes through 1991

have resulted in any relaxation of any authority to regulate in

Oregon.

Also enclosed is a revised Section 2.2, Legal Authority, which

correctly identifies the Department's statutory authority. These

changes are the result of the renumbering and do not represent

any significant changes to the Department's authority outside of

woodstove curtailment.

Please contact Yone C. McNally at (503) 229-514.3 if any further a

information is required.

Sincerely,

Fred Hansen

Director

FH:YCM:a

LTR\AH602 61

Enclosures

cc w/o enclosures:

EPA Oregon Operations Office 811 SW Sixth Avenue

SIP Coordinator Portland, OR 97204-1390

(503) 229-5696

Fred Hansen
'

,
2.2 LEGAL AUTHORITY

Oregon laws provide ample authority for the control of air

pollution. This section discusses the legal basis upon which the

Environmental Quality Commission establishes policy for the

operation of the Department of Environmental Quality (Oregon

Revised Statutes (ORS) 468.015) and upon which the Department

functions to control, prevent and abate air pollution in Oregon

(ORS 468.035 and 468A.015). The following discussions cover

specific laws in relation to the federal requirements listed in

the Clean Air Act, Title 40, Code of Federal Regulations, Section

51.11 {40 CFR 51.11). Section 2.2.10 contains the complete text

of the Oregon Revised Statutes Chapter 468, Environmental Quality

Generally, and Chapter 468A, Air Quality. Those statutes which

are not included in the federally approved Oregon State

Implementation Plan (SIP) are identified by an asterisk (*). It

should be noted that the EPA has not previously approved, and

will ntt tes or regulations for variances as

revisions to the SIP.

2.2.1 Emissions Standards, Limitations and Other Measures

Oregon Revised Statute (ORS) 468A.025 specifically empowers the

Environmental Quality . Commission and Department of Environmental

Quality to adopt both ambient air standards and emission

standards. Sufficient flexibility is provided for varying

standards for different contaminants, areas or source types.
Supporting policy is provided by ORS 468A.010, which states the

public policy of the state, and ORS 468A.015, which states the

purpose of the various air pollution statutes. Administrative

support is provided by ORS Chapter 468, which empowers the State

agency to adopt rules, hold hearings, institute legal actions,

enter and inspect premises, inspect records and acquire an

operating staff.

There are exemptions to the general statutes on regulating,

controlling and abating sources of air contaminants. Certain

specific sources and classes of sources which are exempt are

listed ORS 468A.020 as follows: agricultural operations and use

of equipment in agricultural operations, with the exception of

open field burning; home barbecues; home heating equipment, with

the exception of woodstoves sold in Oregon ; public agency fires

for instruction of firefighters, fire hazard reduction or weed

abatement; permit fires to instruct private industry employes in

methods of fire fighting or for civil defense.

Open field burning in the Willamette Valley is,xegulated under

ORS 468A.550 to 468A.620, which provides for a smoke management

program. This program, using meteorological and air quality data,

and controlling the amount, timing and method of burning in any

area, also limits the maximum total registered acreage to be open

burned each year. In addition, the statutes provide for research

and development, including the development of alternative measure

of sanitizing grass and grain fields.
2.2.2 Enforcement

As stated in 2.2.1, ORS Chapter 468 gives the State agency powers

to enforce regulations, conduct necessary hearings and institute

legal and court action. For violations, both criminal penalties

(ORS 468.992 to 468.997, and 468A.990) and civil penalties (ORS

468.126 to 468.140) are specified. In addition, ORS 468.100 to

468.115 provide methods through which legal or court actions may

be appealed.

2.2.3 Emergency Action

ORS 468.115 provides the State agency with powers to halt

pollution immediately in situations in which an imminent health

hazard is present. ORS 468A.405 to 468A.410 provide emergency

powers to the State agency and regional 'agencies for regulating

vehicle. operation and traffic. The statutes also require local

go rernments fi-e-Stat Putics-an -tYre-S ig way Division to

cooperate with the abatement efforts. The State Emergency Action

Plan is described in Section 7.

2.2.4 Preventing Construction. Modification or Operation of

Stationary Source,

ORS 468A.055 requires submittal and agency approval of plans and

specifications for new, modified or enlarged stationary sources

and authorizes the agency to issue orders prohibiting
construction should it determine any source will not meet

applicable standards. ORS 468A.040 provides for a permit system

which allows the agency to expand the provisions of ORS 468A.055

and require permits for any source by source class, contaminant

class, or area .of the state. ORS 468.065 enables the State

agency to place conditions in any permit in order to obtain

compliance with emission standards or other regulations.

2.2.5 obtaining Information

Authority for measuring and testing air contamination sources is

provided by ORS 468A.070. Such testing can be carried out by the

agency or, in accordance with established regulations, by the

person in control of the source. ORS 468A.050 requires

registration and/or reporting of any source classified by the

agency. ORS 468A.055 also requires that information be supplied

to the agency, as do ORS 468A.040 and 468.065. ORS 468.095

provides for the entry and inspection of sources or suspected

- -sources,-as well as for--the----inspection of books- and papers

pertinent to any investigations by agency personnel.

2.2.6 Requiring Monitoring Devices, Reporting Data.

The agency is required, by ORS 468A.070, to establish a program

of measurement, testing andreporting of results. ORS 468.035

covers the preparation and distribution of information regarding

air pollution sources and control.
Confidentiality is provided for in ORS 468.095. In the course of

an investigation by the agency, information obtained which is

other than emission data and which would divulge a secret

process, device or method of manufacture or production entitled

to protection as a trade secret, shall be kept confidential and

shall not be made part of public record nor used in any public

hearing unless it is determined necessary by a circuit court in

order to determine an issue at a public hearing.

2.2.7 Inspection and Testing of Motor Vehicles

The DEQ is authorized by ORS 468A.350 to 468A.455 to deal

specifically with automotive pollution by establishing a

certification, testing and inspection program for motor vehicle

emission control systems.

ORS 481.190 and 481.200 require that most motor vehicles

registered in the Portland metropolitan area, or in the

Medford/Ashland AQMA, be equipped with motor vehicle pollution

control systems and comply with motor vehicle Pollutant, noise

control and emissions standards adopted by the Environmental

Quality Commission pursuant to ORS 468A.360. A Certificate of

Compliance is required in order to renew the vehicle's

registration.

ORS 483.800 to 483.825 authorize the Environmental Quality

Commission to require certified or factory-installed pollution
control systems on motor vehicles registered in designated

counties. It is unlawful under ORS 683.825 for any person to

disconnect a factory installed pollution control device or system

in a motor vehicle.

2.2.8 Local Agency Involvement

The Lane Regional Air Pollution Authority, formed under ORS

468A.100 to 468A.180, is involved in carrying out the State

Implementation Plan and assumes the responsibilities and powers

delegated in ORS 468A.135, which cover functions, standards and

rules. The rules and standards adopted by the regional authority

may be no less stringent than those of the State agency. Should

the regional agency become inadequate, ORS 468A.165 provides for

improvement or administrative assumption of the region's program

by the Department of Environmental Quality. ORS 468A.140

provides additional power for DEQ to assume or retain certain

powers of the regional authority. Duplication of effort is

precluded and coordination. of-action by DEQ and the regional-- -

authority is assured by ORS 468A.100, 468A.105,and 468A.170.

2.2.9 Transportation Control Measures

The broad authority of the Environmental Quality Commission to

promulgate rules under ORS Chapters 468 and 468A to control,

reduce or prevent air pollution includes the authority to set and

enforce rules which require local governments with jurisdiction
to control vehicular traffic to take the necessary traffic

control measures needed to meet ambient air standards for

contaminants related to motor vehicle usage.

revised 7/29/92
a t
SINE OF OREGON . AIR QUALITY CONTROL PROGRAM

'Volume 2

THE FERAL CLEAN AIR ACT

STATE:IMPLEMENTATION PLAN

(and 'othor State,i4gulations)

Revised Edition

January 1986

Oregon Department of Environmental Quality

,-:Ait Qyality Control Division

Fifth Avenue)

0 9"

iort176 ia,ndi(o5r2e2goSWn

97207

l(503) 229-6092

Volume 1: SIP Summary

Volume 2: The Federal Clean Air Act State Implementation Plan

Volume 3: SIP Appendic es

Volume 4: SIP Reference Material

DAVE FROHNMAYER

ATTORNEY GENERAL.

2.2 LEGAL AUTHORITY

,.2,,/o '' WILLIAM F, GARY

DEPUTY ATTORNEY GENERAL

DEPARTMENT OF JUSTICE

PORTLAND OFFICE

500 Pacific Building

520 S.W. Yarnhill

Portland, Oregon 97204

Telephone: (5031229-5725

November 15, 1985

Thomas R. Bispham

Administrator

Air Quality Division

Department of Environmental Quality

522 S. W. Fifth Avenue

Portland, OR 97207

Re: State Implementation Plan Revision

Dear Mr. Bispham:

The Federal Clean Air Act requires states to adopt and submit to the administrator of the Environmental Protection Agency

(EPA) a plan that provides for the - -im01emerita-t- o7-maintennce__._.

and enforcement of national ambient air quality standards within

the state. States are required to demonstrate that they possess

the legal authority to implement specific aspects of their proposed control mechanism. These requirements are found in 40 CFR

5-1-711. Yo- i-h-a-tre-asieed that I r e-v-i ew-the 1e g al^^X } v L ity-s^ c t inn

of the department's revised Consolidated State Implementation

Plan (SIP) for legal adequacy.

Upon review of 40 CFR 51.13 , ORS chapters 468, 481 and 483,

and the legal authority section of the SIP, I conclude the State

of Oregon possesses the . requisite legal authority to implement

the directives of EPA ncessary to control and regulate air

pollution. Please feel free to call me should any questions

arise.

Michael R. Huston

Assistant Attorney General

as

0007/SIP
2.2 LEGAL AUTHORITY

Oregon laws provide ample authorit for the control of air pollution. This

section discusses the legal basis pon which the Environmental Quality

Commission establishes policy for the operation of the Department of

Environmental Quality (Oregon Re ised Statutes (ORS) 468.015) and upon

which the Department functions t• control, prevent and abate air pollution

in Oregon (ORS 468.035 and 468.85). The following discussions cover

specific laws in relation to th- federal requirements listed in the Clean

Air Act., Title 40, Code of Fed=i ral Regulations, Section 51.11 (40 CFR

51.11). Section 2.2.10 contai,s the complete text of the Oregon Revised

Statutes Chapter 468, Pollutio Control. Those statutes which are not

included in the federally apprved Oregon State Implementation Plan (SIP)

are identified by an asterisk ). It should be noted that the EPA has not

previously approved, and will of be approving, statutes or regulations for

variances as revisions to the SP.

2.2.1 jnissions Standards,LimitaiQns an4 Other Measures,

Oregon Revised-Statute-(ORS) 46-$:295-specif-tcally-empowers-th.e

Environmental Quality Commission

to adopt both ambient air standar

flexibility is provided for varyi

areas or source types. Supportin

states the public policy of the S

purpose of the various air pollut

nd Department of Environmental Quality

and emission standards. Sufficient

g standards for different contaminants,

policy is provided by OHS 468.280, which

ate, and ORS 468.285, which states the

on statutes. Administrative support is

1/86
STATE OF OREGON

AIR QUALITY CONTROL PROGRAM

Volume 2

THE FEDERAL CLEAN AIR ACT

IMPLEMENTATION PLAN

(And Other State Regulations)

CONTENTS

Section

1. Introduction

2. General Administration

2.1 Agency Organization

2.2 Legal Authority

2.2.1 Emissions Standards, Limitations and Other Measures

2.2.2 Enforcement

2.2,3 Emergency Action

2.2.4 Preventing Construction, Modification or Operation

2.2.5 Obtaining Information

2.2.6 Requiring Monitoring Devices, Reporting Data

2.2.7 Inspection and Testing of Motor Vehicles

2.2._8 ....Local_.AgencyInvolvement

2.2.9 Transportation Control Measures

2.2.10 Attorney General's Opinion on Legal Authority

2.2.11 ORS 468, Pollution Control (complete text)

2.3 Resources

2.4 Intergovernmental Cooperation and Consultation

2.4.1 Interstate Pollution Abatement

2.4.2 Intergovernmental Consultation

2.4.3 Lead Agencies

2.5 Miscellaneous Provisions

2.5.1 Air Contaminant Discharge Permits

2.5.2 Maintenance Plan

2.5.3 Assurance of Adequacy State Plans

2.5.4 Maintenance of Pay

3. Statewide Regulatory Provisions

3.1 Oregon Administrative Rules Chapter 340

3.2 Lane Regional Air Pollution Authority Regulations
4. Control Strategies for Nonattainment Areas

4.1 Portland-Vancouver AQMA - Total Suspended Particulate

4.2 Portland-Vancouver AQMA - Carbon Monoxide

4.3 Portland-Vancouver AQMA - Ozone

4.4 Salem Nonattainment Area - Carbon Monoxide

4.5 Salem Nonattainment Area - Ozone

4.6 Eugene-Springfield AQMA - Total Suspended Particulate

4.7 Eugene-Springfield AQMA - Carbon Monoxide

4.8 Medford-Ashland AQMA - Ozone

4.9 Medford-Ashland AQMA - Carbon Monoxide

4.10 Medford-Ashland AQMA - Particulate Matter

4.11 Grants Pass Nonattainment - Carbon Monoxide

5. Control Strategies for Attainment and Nonattainment Areas

5,1 Statewide Control Strategies for Lead

5.2 Visibility Protection Plan'

5.3 Prevention of Significant Deterioration

6. Ambient Air Quality Monitoring Program

6.1 Air Monitoring Network

6.2 Data Handling and Analysis Procedures

6.3 Episode Monitoring

7. Emergency Action Plan

8. Public Involvement

9.. Plan Revisions and Reporting

AS2 061
1. Introduction

The federal Clean Air Act and its amendments in 1970 and 1977 set the

national policy for combating air pollution. Congress required all states

to develop plans for attaining and maintaining national ambient air quality

standards, along with other requirements to meet the nation's goal of clean

air.

Oregon's first Clean Air Act Implementation Plan was adopted in January,

1972. Since that time, both federal and state air quality programs have

changed dramatically in response to new legislation, judicial

interpretations and evolving technology. Most significantly, the Clean

Air Act Amendments of 1977 mandated wholesale revisions and additions to

state plans. Major revisions to Oregon's plan were submitted to the U.S.

Environmental Protection Agency in June, 1979; March, 1981; and July,

1982; April, 1983; September, 1984; and December, 1984.

The volume, complexity and form of the revisions to the 1972 State

Implementation Plan made it impracticable for any person inside or outside

government to determine clearly the exact contents of Oregon's air quality

plan. Accordingly, the Department of Environmental Quality undertook the

development of a comprehensive set of volumes combining the revisions with

the still applicable portions of the original Implementation Plan.

Volume 1 a is summary of the State Implementation Plan prepared for the

benefit of the general public. It contains technical details sufficient

only to portray fairly the nature of Oregon's air quality problems and

solutions. The reader who requires more detailed explanations of air

quality conditions, control strategies or analytical methodology is

direoted- to Volumes--S-and 3--oi' the--S-ta-te Tmplementation-P-l-an; -and--annual

air quality reports.

Volume 2 is the Federal Clean Air Act, the State Implementation Plan (and

other State Regulations) as submitted to and approved by the U.S. Environmentel-Pxetecti..on_A.genay-. It-co-nt.ai-ns-th.e 1 egal,--fram wor-l-o Oregon

clean air program, and meets requirements of the Clean Air Act as amended.

All state and regional authority rules and statutes which relate to

Oregon's Clean Air Plan are included in Volume 2. Those rules which are

not included in the federally approved State Implementation Plan are

identified with an asterisk.

Volume 3 contains the appendices to Volume 2. These documents have

received EPA approval and are a part of the State Implementation Plan.

Volume 4 contains additional references and support documents which were

used in developing the State Implementation Plan, but they are not

themselves part of the Plan.

Oregon's Air Quality Control Program is the result of a complex set of

interrelationships among federal, state and local governments. The federal

Clean Air Act establishes the basic framework of national standards, laws

and requirements. The U.S. Environmental Protection Agency (EPA) has

responsibility for enforcement of the Clean Air Act and, in turn, imposes

1/86
regulations and requirements on the states. Under Oregon law, the

Department of Environmental Quality (DEQ) has the responsibility, of

enforcing air pollution laws and responding to EPA requirements for the

State Implementation Plan. Local governments have been enlisted by DEQ to

assist in development of control strategies in major air quality problem

areas. Provision for citizen involvement has been included at all three

levels of policy and rule making. The intent is that this broad-based

approach will result in an optimum approach for attaining the common goal

of clean air for all Oregonians.

SIP.2

1/86
2. general Administration

This section describes the legal and organizational structure of Oregon's

clean air program. Section 2.1 briefly presents the organization of the

Environmental Quality Commission and Department of Environmental Quality.

Section 2.2 contains the body of state law with which the Environmental

Quality Commission and the Department of Environmental Quality work to

respond to federal requirements for adopting and enforcing air quality

standards and rules. Resources of the DEQ and Lane Regional Air Pollution

Authority (LRAPA) are described in Section 2.3. Procedures for

intergovernmental cooperation, including the regulation of interstate

pollution problems, are described in Section 2.4. Section 2.5 contains

miscellaneous SIP provisions, including air contaminant discharge permits.
2.1 Agency Organization

Oregon law establishes three interrelated entities to regulate air

pollution:

Environmental Quality Commission (EQC)

Department of Environmental Quality (DEQ)

Regional air pollution authorities

The Department of Environmental Quality is the agency responsible for

meeting the State's obligations under the Clean Air Act. The DEQ also

administers programs in water quality, noise control, solid waste and

hazardous waste management. The governing body for the DEQ is the

Environmental Quality Commission whose five members are appointed by the

Governor and are responsible for basic environmental policy, rulemaking,

specified enforcement procedures, and hiring a Director.

The Environmental Quality Commission is structured and operated in

accordance with Clean Air Act requirements related to conflict of interest.

Oregon Administrative Rules 340-20-200 to 340-20-215 require that a

majority of the members of the Commission, as well as the Director of the

Department of Environmental Quality, shall represent the public interest

and shall not earn significant incomes from persons subject to Oregon

permit or enforcement orders. By law, disclosure of a potential conflict

of interest is required by any member of the Commission.

1/86