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 7/29/92a 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" iort 176 ia ,ndi(o5r2e2goSW

n 97207 l(503) 22 9- 6092 Volume 1: SIP Summary Volume 2: The Federal Clean Air Act State Implementation Plan Volume 3: SIP Appendic es Volume 4: SIP Reference MaterialDAVE 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/SIP2.2 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

1/86STATE 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 Regulations4. 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 0611. 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 (andother 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

1/86regulations 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

1/862. 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