# Oregon

October 28, 2010
Dennis J. McLerran, Regional Administrator U.S. Environmental Protection Agency, Region 10 1200 Sixth Avenue Seattle, WA 98101 Department of Environmental Quality Headquarters 811 SW Sixth Avenue ^i L_--,.. Portland, OR 97204-1390

(503) 229-5696 ,^^ FAX (503) 229-6124 NOV 1 2010 __1 TTY (503) 229-6993

OFFICE OF THE EXECUTIVE 

# D Theodore R. Kulongoski, Governor



### RE: Revision to the Oregon State Implementation Plan - Permitting, Registration, and Gasoline Dispensing Facility Rule Changes

Dear Mr. McLerran:
The Oregon Department of Environmental Quality (DEQ) requests approval of revisions to the Oregon 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. Copies of the amendments are submitted for your review.
The Environmental Quality Commission adopted the revisions to the SIP under OAR 340-200- 0040 on December 11, 2009. 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 July 14 and 16, 2009 and in the Secretary of State's Oregon Bulletin on August 1, 2009. The notices included a statement that adoption of the rules would revise the SIP.1 further certify that public hearings were held on August 17, 2009 in Bend, Oregon, on August 18, 2009 in Medford, Oregon, and on August 20, 2009 in Portland, Oregon.
Thank you for your assistance with these revisions to Oregon's SIP. The staff contact for this submittal is Jerry Ebersole at (503) 229-6974, and Margaret Oliphant, SIP Coordinator at (503) 229-5687.
Sincerely,

U

- 

# itt/ ( 

# &- 

# P

Jon jIammond, Deputy Director

Enclosures

cc Donna Deneen, EPA, Region 10 Margaret Oliphant, DEQ AQ SIP Coordinator Andrew Ginsburg, DEQ AQ Administrator Paul Koprowski, EPA Oregon Operations officeSIP Submittal Checklist

Included Attachment Title X 1 Evidence the State has Adopted the Revision
X 1.1 Staff Report, Agenda Item P of the December 10-11, 2009 EQC Meeting
X 2 Evidence that the State has the Necessary Legal Authority

X 2.1 See Attachment 1.1 "Commission Authority" (page #4 of Staff Report,

Agenda Item P) X 3 Provisions Submitted for Approval

3.1 Adopted and amended SIP rules submitted to SOS

X General Air Pollution Procedures and Definitions: OAR 340-200-0040. Effective December 11,2009 X Public Participation: OAR 340-209-0030. Effective December 11, 2009
X Registration: OAR 340-210: 0100, 0110, 0120. Effective December 11,2009 X Air Contaminant Discharge Permits: OAR 340-216: 0020, 0060, 0062, 0064. Effective December 11, 2009 X General Provisions for Stationary Sources: 340-244: 0030, 0238, 0240, 0242, 0246, Effective December 11, 2009

3 .2 Redlinelstrikeout version of adopted, amended and repealed SIP rules General Air Pollution Procedures and Definitions: OAR 340-200-0040. Effective December 11,2009 X

X Public Participation: OAR 340-209-0030. Effective December 11, 2009
X Registration: OAR 340-210: 0100, 0110, 0120. Effective December 11,2009 X Air Contaminant Discharge Permits: OAR 340-216: 0020, 0060, 0062, 0064. Effective December 11, 2009 X General Provisions for Stationary Sources: 340-244: 0030, 0238, 0240, 0242, 0246. Effective December. l1, 2009 X 4 Evidence that the State followed the Administrative Procedures Act
X 4.1 Public notice in the Secretary of State's Oregon Bulletin, August 1, 2009.

X 4 2 Certificate and Order for Filing Permanent Administrative Rules, filed and effective December 16, 2009. X 5 Evidence of Adequate Public Notice

X 5.1 Affidavit of Publication: Daily Journal of Commerce, Notice of July 16, 2009 publication Affidavit of Publication: The Oregonian, Notice of July 14, 2009 publication

X 6 Certification of Public Hearing See paragraph no#3 of cover letter and Attachment 7.1
X 7 Compilation of Public Comment and Department's Response

X 7.1 Presiding Officer's Reports for Rulemaking Hearings on August 17,18 and 20, dated August 26, 2009
X 7.2 Summary of Public Comment and Agency Response, September 1, 2009

### Attachments:

Attachment 1: Evidence the State has Adopted the Revision

1.1 Staff Report, Agenda Item P of the December 10-11, 2009 EQC Meeting
Also see 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 #4 of Staff Report, Agenda Item P)

Attachment 3: Provisions Submitted for Approval

3.1 Adopted and amended SIP rules submitted to SOS

General Air Pollution Procedures and Definitions: OAR 340-200-0040. Effective December 11, 2009
Public Participation: OAR 340-209-0030. Effective December 11, 2009
Registration: OAR 340-210: 0100, 0110, 0120. Effective December 11, 2009
Air Contaminant Discharge Permits: OAR 340-216: 0020, Effective December 11, 2009 0060, 0062, 0064.

General Provisions for Stationary Sources: 340-244: 0030, 0246. Effective December 11, 2009 0238, 0240, 0242,

3.2 Redline/strikeout version of adopted, amended and repealed SIP rules

General Air Pollution Procedures and Definitions: OAR 340-200-0040. Effective December 11, 2009
Public Participation: OAR 340-209-0030. Effective December 11, 2009
Registration: OAR 340-210: 0100, 0110, 0120. Effective December 11, 2009
Air Contaminant Discharge Permits: OAR 340-216: 0020, 0060, 0062, 0064. Effective December 11, 2009
General Provisions for Stationary Sources: 340-244: 0030, 0238, 0240, 0242, 0246. Effective December 11, 2009

### Attachment 4: Evidence that the State followed the Administrative Procedures Act 4.1 Public notice in the Secretary of State's Oregon Bulletin August I, 2009
4.2 Certificate and Order for Filing Permanent Administrative Rules, filed and effective December 16, 2009

Attachment 5: Evidence of Adequate Public Notice

5.1 Affidavit of Publication: Daily Journal of Commerce, Notice of July 16, 2009 publication
Affidavit of Publication: The Oregonian, Notice of July 14, 2009 publication

Attachment 6: Certification of Public Hearing

See paragraph #3 of cover letter and Attachment 7.1

Attachment 7: Compilation of Public Comment and Department Response

7.1 Presiding Officer's Report for Rulemaking Hearing on August 17, 2008 in Bend, dated August 26, 2009
Presiding Officer's Report for Rulemaking Hearing on August 18, 2008 in Medford, dated August 26, 2009
Presiding Officer's Report for Rulemaking Hearing on August 20, 2008 in Portland, dated August 26, 2009
7.2 Summary of Public Comment and Agency Response, dated September 01, 2009A

## Attachment 1
Evidence the State has Adopted the Revision

1.1 Staff Report, Agenda Item P of the December 10-11, 2009 EQC Meeting
Also see Certificate and Order for Filing Permanent Administrative Rules in Attachment 4.2

### Attachment 1.1, pg.l

State of Oregon 

# Department of Environmental Quality Memorandum

Date: November 23, 2009

To: Environmental Quality Commissi o n
From: Dick Pedersen, Director
Subject: 

### Agenda item P, rule adoption: Adoption of federal air quality regulations

December 1041, 2009 EQC meeting Why this is These proposed rules are important to protect human health, ensure that Oregon important implements federal programs that regulate hazardous air pollutants and new sources,

and improve Oregon's implementation of these programs. The Department of Environmental Quality recommends that the Environmental Quality Commission adopt proposed rule amendments to OAR chapter 340, divisions 200, 209, 210, 216, 228, 238 

### and 244 as presented in attachment A. DEQ also recommends that the EQC amend the Clean Air Act implementation plan (OAR 340-200-0040) to include the amendments made to OAR 340-244-0238 through 0246 and the amendments made to OAR 340 

### Divisions 200, 210 and 216 and authorize DEQ to submit these amendments to the state implementation plan to EPA for approval. The proposed rules align DEQ rules with federal standards, establish simplified permit and registration requirements, improve compliance and correct and clarify errors in current rules. The Clean Air Act required EPA to identify 30 hazardous air pollutants that pose the greatest threat to public health in urban areas and also directs EPA to regulate categories of area sources to ensure 90 percent of 

### these pollutants are subject to national emission standards for hazardous air pollutants. EPA recently adopted several area source standards affecting:

• Aluminum, copper, and other nonferrous foundries
* Ferroalloy production

• Metal fabrication and finishing

• Paint stripping and miscellaneous surface coating operations

• Plating and polishing operations The proposed rules adopt federal standards for these five new area source categories. While Oregon sources must comply with the area source standards whether or not the EQC adopts the federal standards, adoption by EQC allows DEQ to implement the program and ensures state compliance with the federal program. DEQ recommendation and EQC motion

Background and need for rLmlemaking



### S Item P 000001

### Attachment 1.1, pg.2

Action item, rule adoption: Adoption of federal air quality regulations December 10-11, 2009 EQC meeting Page 2of5 

### The proposed rules provide for effective compliance assurance while streamlining

and reducing costs for many air contaminant discharge permit holders. The proposed rules add the new area source standards to the list of source categories that are eligible to obtain a simple or general air contaminant discharge permit rather than a more costly standard air contaminant discharge permit. The proposed rules also provide a lower cost alternative to permitting for some area source categories. The proposed rules assign each new area source category to an annual fee class and propose a new general air contaminant discharge permit fee category for sources with limited requirements and where DEQ can leverage resources to reduce the overall cost of implementing the area source standards. DEQ is also requesting the option to defer the deadline for sources to obtain a permit by up to one year, in order to allow time for DEQ to issue new and amended general air contaminant discharge permits.
Adopting permits by DEQ order. The proposed rules would allow DEQ to issue general air contaminant discharge permits by order, rather than EQC rule. While the rulemaking process takes up to 18 months, adopting permits by order would allow DEQ to quickly respond to necessary permit adjustments or changes. EQC would still adopt source categories and fees for 

### these permits by rule, but DEQ would issue the general permits by order following a public comment period, as is done for other permit types.
General permit attachments and fees. The proposed rules would allow DEQ to issue general air 

### contaminant discharge permit attachments to allow businesses eligible for multiple general air contaminant discharge permits to be assigned to one general permit and one or more general permit attachments. Each general permit attachment would be a streamlined version of the corresponding general permit, with most general conditions removed. The proposed rules include a reduced fee for these attachments, which would fund DEQ's oversight of the standards contained in the attachments. The proposed rules allow DEQ to charge businesses the full annual fee for one general air contaminant discharge permit and a redu g ed_annva1 

### £e

- p -. for each permit attachment 

### rather than issuing a business multiple general permits and collecting multiple permit fees.
Registration as an alternative to permitting. DEQ is proposing registration and registration fees as an alternative to permitting and permit fees for 

### auto body shops and dry cleaners certified through an approved environmental certification program. These businesses must meet standards above minimum regulatory requirements and are exempt from permitting if they complete and maintain certification_ Oregon's small business advisory panel recommended this solution. as a way to reduce DEQ's administrative burden and recognize small businesses that commit to exemplary environmental practices. The annual registration fees would fund DEQ's cost for developing and implementing the registration program

item P 000002

### Attachment 1.1, pg.4

Action item, rule adoption: Adoption of federal air quality regulations December 10-11, 2009 EQC meeting Page 4 of 5

Commission authority 

### The commission has authority to take this action under ORS 468.020, 468A.025,

468A.035, 468A.040, 468A.050 and 468A.310.
Stakeholder DEQ met with various groups representing auto body shops, dry cleaners, and involvement other small businesses to discuss DEQ's implementation strategy for the new area

source standards. DEQ did not convene an advisory committee for this rulemaking because the rulemaking primarily adopts federal regulations by reference.

Public comment DEQ held a public comment period from July 15, 2009 to August 26, 2009 and

convened public hearings in Bend, Medford and Portland. DEQ notified the public of these hearings through local media and alerted key stakeholders. In addition, DEQ sent emails or postcards directly to 2,743 sources potentially affected by the rules. No individuals testified at the Bend hearing, one individual testified at the Medford hearing, and one individual testified at the Portland hearing. Eight individuals submitted comments, attachment B provides summaries of the public comments and DEQ's responses. Key issues Many of the comments discussed the potential hardship on affected sources, such

as dry cleaners and small metal fabrication operations, based on new fees under the proposed rules. The issues most often stated were concern about the cost of 

# a new fee-based. permitting program for dry cleaners, fees for smaller producers, the federal standards for auto body shops and the initial permit application fee. As the delegated authority for the federal standards, Oregon is not allowed to be less stringent than the federal standards and is required to fund an effective program that ensures compliance with the federal standards. See attachment B for a summary of public comments and DEQ's responses. Next steps DEQ will continue to provide outreach and compliance assistance to sources

affected by the new area source standards and will submit delegation requests to EPA in February 2010. DEQ will also submit the gasoline dispensing, permitting and registration rules to EPA as a revision to Oregon's state implementation plan, which is a requirement of the Clean Air Act. DEQ will update Title V and air contaminant discharge permits in accordance with the new federal standards and develop and issue the new general permits authorized by this rulernaking.

Attachments A. Proposed Rule Revisions

B, Summary of Public Comments and Agency Responses C. Presiding Officer's Reports on Public Hearings D. Relationship to Federal Requirements Questions E. Statement of Need and Fiscal and Economic Impact F. Land Use Evaluation Statement 

# a Written Comments Received

Item P 000004

### Attachment 1.1, pg.3

Action item, rule adoption: Adoption of federal air quality regulations December 10-11, 2009 EQC meeting Page 3of5 

### and ensuring compliance with applicable standards_

Aligning state and federal rules. DEQ must adopt amended federal standards to align Oregon's rules with EPA's to maintain federal delegation and implement the standards. When implemented by DEQ, these regulations will improve air quality for Oregonians. Industry will also benefit through quicker permitting and approval of permitting alternatives. EPA has amended several standards since July 1, 2008, which affect cellulose production, chemical manufacturing, coating manufacturing, combustion turbines, dry cleaning, gasoline distribution, hazardous waste combustion, internal combustion engines, mineral processing plants, natural gas transmission and storage, oil and natural gas production, organic liquid distribution, petroleum refineries, pharmaceutical production, polymer and resin manufacturing, publicly-owned treatment. works, semiconductor manufacturing, site remediation, steam generating units and steelmaking facilities. The proposed rules would adopt changes made to the federal standards through July 1, 2009. Exempting electric power generating units. EPA's standards for new electric power generating units trigger permitting of sources with emergency generators or extremely small engines. The 

### proposed rules propose an 

### exemption for emergency generators and small electric power generating units to reduce the regulatory burden on these sources,

Correcting errors and clarifying topping off 

### ban. The proposed rules amend the gasoline dispensing facility rules to correct referencing errors and add clarity to the vehicle fuel "topping off" ban. Corrections include an error 

### made when DEQ merged the gasoline dispensing rules in OAR 340 Divisions 232 and 242 with the federal gasoline dispensing standards, which resulted in DEQ inadvertently excluding boats and aircraft from the definition of gasoline dispensing facilities in. OAR 340 Division 244. This rulemaking would restore the definition and retain the stringency of the gasoline dispensing rules included in Oregon's state implementation plan.

Amending the utility mercury rule. The 

### proposed rules would amendgon's utility mercury rule to add material sampling provisions vacated by a federal court ruling, correct errors, and allow DEQ to approve alternative calibration gases when other gases are not available.

Effect afrule The proposed rules align Oregon's rules with the 

### federal rules, streamline issuance

of general air contaminant discharge permits, reduce the need for sources to obtain multiple permits, and reduce the administrative burden of implementing the new area source standards on businesses. The proposed rules would result in improved air quality by enabling DEQ to ensure compliance with the federal regulations_

Item P 000003Attachment 1. 1, pg.5

Action item, rule adoption: Adoption of federal air quality regulations December 10-11, 2009 EQC meeting Page 5 of 5 Available upon 

### 1. Legal Notice of Hearing request 2. Cover Memorandum from Public Notice

3. Rule Implementation Plan
Approved:

Section:

Division:
Report prepared by: Jerry Ebersole

Phone: (503) 229-6974n , nnnnnnnn

## Attachment 2

Evidence that the State has the Necessary Legal Authority

See Attachment 1.1 "Commission Authority" (page #4 of Staff Report, Agenda Item P)

### i

## Attachment 3
Provisions Submitted for Approval

3.1 Adopted and amended SIP rules submitted to SOS

General Air Pollution Procedures and Definitions: OAR 340-200-0040. Effective December 11, 2009
Public Participation: OAR 340-209-0030. Effective December 11, 2009
Registration: OAR 340-210: 0100, 0110, 0120. Effective December 11, 2009
Air Contaminant Discharge Permits: OAR 340-216: 0020, 0060, 0062, 0064. Effective December 11, 2009
General Provisions for Stationary Sources: 340-244: 0030, 0238, 0240, 0242, 0246. Effective December 11, 2009

3.2 Redline/strikeout version of adopted, amended and repealed SIP rules

General Air Pollution Procedures and Definitions: OAR 340-200-0040. Effective December 11, 2009
Public Participation: OAR 340-209-0030. Effective December 11, 2009
Registration: OAR 340-210: 0100, 0110, 0120. Effective December 11, 2009
Air Contaminant Discharge Permits: OAR 340-216: 0020, December 11, 2009 0060, 0062, 0064. Effective

General Provisions for Stationary Sources: 340-244: 0030, Effective December 11, 2009 0238, 0240, 0242, 0246.

### Attachment 3.1, pg. 1



## DEPARTMENT OF ENVIRONMENTAL QUALITY

DIVISION 200

GENERAL AIR POLLUTION PROCEDURES AND DEFINITIONS

340-200-0040 State of Oregon Clean Air Act Implementation Plan. (1) This implementation plan, consisting of Volumes 2 and 3 of the State of Oregon Air Quality Control Program, contains control strategies, rules and standards prepared by the Department of Environmental Quality and is adopted as the state implementation plan (SIP) of the State of Oregon pursuant to the federal Clean Air Act, 42 U.S.C.A 7401 to 7671q. (2) Except as provided in section (3), revisions to the SIP will be made pursuant to the Commission's rulemaking procedures in division 11 of this chapter and any other requirements contained in the SIP and will be submitted to the United States Environmental Protection Agency for approval. The State Implementation Plan was last modified by the Commission on December 11, 2009. (3) Notwithstanding any other requirement contained in the SIP, the Department may: (a) Submit to the Environmental Protection Agency any permit condition implementing a rule that is part of the federally-approved SIP as a source-specific SIP revision after the Department has complied with the public hearings provisions of 40 CFR 51.102 (July 1, 2002); and (b) Approve the standards submitted by a regional authority if the regional authority adopts verbatim any standard that the Commission has adopted, and submit the standards to EPA for approval as a SIP revision. NOTE: Revisions to the State of Oregon Clean Air Act Implementation Plan become federally enforceable upon approval by the United States Environmental Protection Agency. If any provision of the federally approved Implementation Plan conflicts with any provision adopted by the Commission, the Department shall enforce the more stringent provision. Stat. Auth.: ORS 468.020 Stats. Implemented: ORS 468A.035 Hist.: DEQ 35, f 2-3-72, ef. 2-15-72; DEQ 54, f. 6-21-73, ef. 7-1-73; DEQ 19-1979, f. & ef. 6-25-79; DEQ 21-1979, f. & ef. 7-2-79; DEQ 22-1980, f. & of 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. & of 2-1-85; DEQ 12-1985, f. & of 9-30-85; DEQ 5-1986, f. & ef. 2-21-86; DEQ 10-1986, f. & of 5-9- 86; DEQ 20-1986, f & of 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. of 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-

### Attachment 3.1, pg. 2

3-94; DEQ 5-1994, f. & cert. ef. 3-21-94; DEQ 14-1994, 1 f & cert. cf. 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. 5-4-95; DEQ 10-1995, f. & cert. ef. 5-1-95; DEQ 14-1995, f & cert. of 5-25-95; DEQ 17-1995, f. & cert. of 7-12-95; DEQ 19- 1995, f & cert. cf. 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. of 10-22-96; DEQ 23-1996, f. & cert. cf. 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. e£ 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. cf. 3-25-99; DEQ 6-1999, f. & cert. ef. 5-21-99; DEQ 10-1999, f. & cert. of 7-1-99; DEQ 14-1999, f. & cert. ef. 10-14-99, Renumbered from 340-020-0047; DEQ 15-1999, f. & cert. cf. 10-22-99; DEQ 2-2000, f 2-17-00, cert. ef. 6-1-01; DEQ 6-2000, f. & cert. of 5-22-00; DEQ 8-2000, f & cert. of 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. of 10-25-00; DEQ 20-2000 f. & cert. ef. 12-15-00; DEQ 21-2000, f. & cert. of 12-15-00; DEQ 2-2001, f. & cert. cf. 2-5-01; DEQ 4-2001, f. & cert. of 3-27-01; DEQ 6-2001, f 6-18-01, cert. cf. 7-1-01; DEQ 15-2001, f & cert. of 12-26-01; DEQ 16-2001, f & cert. of 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. 12-12-03; DEQ 1-2004, f. & cert. ef. 4-14-04; DEQ 10-2004, f. & cert. of 12-15-04; DEQ 1-2005, f. & cert. of 1-4-05; DEQ 2- 2005, f. & cert. ef. 2-10-05; DEQ 4-2005, f 5-13-05, cert. ef. 6-1-05; DEQ 7-2005, f. & cert. of 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. of 3-31-06; DEQ 3-2007, f & cert. ef. 4-12-07; DEQ 4-2007, f. & cert. ef. 6-28-07; DEQ 8-2007, f. & cert. e£ 11-8-07; DEQ 5-2008, f. & cert. of 3-20-08; DEQ 11-2008, f. & cert. ef. 8-29-08; DEQ 12- 2008, f. & cert. ef. 9-17-08; DEQ 14-2008, f & cert. ef. 11-10-08; DEQ 15-2008, f. & cert. ef 12-31-08; DEQ 3-2009, f. & cert. of 6-30-09

### Attachment 3.1, pg. 3

DIVISION 209

PUBLIC PARTICIPATION

340-209-0030 Public Notice Categories and Timing (1) The Department categorizes permit actions according to potential environmental and public health significance and the degree to which the Department has discretion for implementing the applicable regulations. Category I is for permit actions with low environmental and public health significance so they have less public notice and opportunity for public participation. Category IV 

### is for permit actions with potentially high environmental and public health significance so they have the greatest level of public notice and opportunity for participation. (2) Permit actions. are assigned to specific categories in OAR 340, divisions 216 and 218. If a permit action is uncategorized, the permit action will be processed under Category III. (3) The following describes the public notice or participation requirements for each category: (a) Category I -- No prior public notice or opportunity for participation. However, the Department will maintain a list of all permit actions processed under Category I and make the list available for public review. (b) Category II -- The Department will provide public notice of the proposed permit action and a minimum of 30 days to submit written comments. (c) Category III -- The Department will provide notice of the proposed permit action and a minimum of 35 days to submit written comments. The Department will provide a minimum of 30 days notice for a hearing, if one is scheduled. The Department will schedule a hearing to allow interested persons to submit oral or written comments if: (A) The Department determines that a hearing is necessary; or (B) Within 35 days of the mailing of the public notice, the Department receives written requests from ten persons, or from an organization representing at least ten persons, for a hearing. (d) Category IV -- Once an application is considered complete under OAR 340-216-0040, the Department will: (A) Provide notice of the completed application and requested permit action; (B) Schedule an informational meeting within the community where the facility will be or is located and provide public notice of the meeting; (C) Once a draft permit is completed, provide public notice of the proposed permit and a minimum of 40 days to submit written comments; and (D) Schedule a public hearing to allow interested persons to submit oral or written comments and provide a minimum of 30 days public notice for the hearing. (4) Except for title V permit actions, the Department may move a permit action to a higher category under section (3) of this rule based on, but not limited to the following factors: (a) Anticipated public interest in the facility; (b) Compliance and enforcement history of the facility or owner; or (c) Potential for significant environmental or public harm due to location or type of facility.

Stat. Auth.: ORS 468.020 Scats. Implemented: ORS 468 & ORS 468A Hist.: DEQ 6-2001, f. 6-18-01, cert. of 7-1-01

### Attachment 3.1, pg. 4

DIVISION 210

STATIONARY SOURCE NOTIFICATION

REQUIREMENTS
Registration

340-210-0100 Registration in General (1) Any air contaminant source not subject to Air Contaminant Discharge Permits, OAR 340 division 216, or Oregon Title V Operating Permits, OAR 340 division 218, must register with the Department upon request pursuant to 340-210-0110 through 340-210-0120.
, (2) The following air contaminant sources that are certified through a Department approved environmental certification program and subject to an Area Source NESHAP may register with the Department pursuant to 340-210-0110 through 340-210-0120 in lieu of obtaining a permit in accordance with OAR 340-216-0020, unless the Department determines that the source has not complied with the requirements of the environmental certification program. (a) Motor vehicle surface coating operations. (b) Dry cleaners using perchloroethylene. (3) Approved environmental certification program. To be approved, the 'environmental certification program must, at a minimum, require certified air contaminant sources to comply with all applicable state and federal rules and regulations and require additional measures to increase environmental protection. (4) Fees, In order to obtain and maintain registration, owners and operators of air contaminant sources registered pursuant to section (2) of this rule must pay the following annual fees by March 1 of each year: (a). Motor vehicle surface coating operations -- $240.00. (b) Dry cleaners using perchloroethylene -- $180.00. (c) Late fees. (A) 30 days late: 5% of annual fee. (B) 31-60 days late: 10% of annual fee. (C) 61 or more days late: 20% of annual fee. -(d)-Failure-to pay-fees; Registration-is-automatieally-terminated-upon failure-to-pay-annual-fees-within---- 90 days of invoice by the Department, unless prior arrangements for payment have been approved in writing by the Department. (5) Recordkeeping. In order to maintain registration, owners and operators of air contaminant sources registered pursuant to section (2) of this rule must maintain records required by the approved environmental performance program under section (3) of this rule. The records must be kept on site and in a form suitable and readily available for expeditious inspection and review. (6) Revocation. The Department may revoke a registration if a source fails to meet any requirement in OAR 340-210-0110. [NOTE: This rule is included in the State of Oregon Clean Air Act Implementation Plan as adopted by the EQC under OAR 340-200-0040.] Stat. Auth.: ORS 468.020, ORS 468A.050 and ORS 468A.310 Stats. Implemented: ORS 468 & ORS 468A Hist.: DEQ 15, f. 6-12-70, ef. 9-1-70; DEQ 4-1993, f. & cert. ef. 3-10-93; DEQ 12-1993, f. & cert. ef. 9-

### Attachment 3.1, pg. 5

24-93; Renumbered from 340-020-0005; DEQ 14-1999, f & cert. ef. 10-14-99, Renumbered from 340 028-0500; DEQ 6-2001, f 6-18-01, cert. ef. 7-1-01

340-210-0110 Registration Requirements (1) Registration must be completed within 30 days following the mailing date of the request by the Department. (2) Registration must be made on forms furnished by the Department and completed by the owner, lessee of the source, or agent. (3) In order to obtain registration pursuant to OAR 340-210-0100(1), the following information must be reported by registrants: (a) Name, address, and nature of business; (b) Name of local person responsible for compliance with these rules; (c) Name of person authorized to receive requests for data and information; (d) A description of the production processes and a related flow chart; (e) A plot plan showing the location and height of all air contaminant sources. The plot plan must also indicate the nearest residential or commercial property; (f) Type and quantity of fuels used; (g) Amount, nature, and duration of air contaminant emissions; (h) Estimated efficiency of air pollution control equipment under present or anticipated operating conditions; (i) Any other information requested by the Department. (4) In order to obtain registration pursuant to OAR 340-210-0100(2), a source must submit the information in section (3)(a), (b), (c), and (i) of this rule and the following: (a) Information demonstrating that the air contaminant source is operating in compliance with all applicable state and federal rules and regulations, as requested by the Department. (b) Information demonstrating that the source is certified through an approved environmental certification program. (c) A signed statement that the submitted information is true, accurate, and complete. This signed statement shall state that, based on information and belief formed after reasonable inquiry, the statements and information in the document are true, accurate, and complete. [NOTE: This rule is included in the State of Oregon Clean. Air Act Implementation Plan as adopted by the EQC under OAR 340-200-0040.] Slat. Auth.: ORS 468.020, ORS 468A.050 and ORS 468A.310 Stats. Implemented: ORS 468 & ORS 468A Hist.: DEQ 15, f. 6-12-70, ef. 9-1-70; DEQ 4-1993, f. & cert. ef. 3-10-93; DEQ 12-1993, f. & cert. of 9- 24-93; Renumbered from 340-020-0010; DEQ 14-1999, f. & cert. ef. 10-14-99, Renumbered from 340- 028-0510; DEQ 6-2001, f. 6-18-01, cert. ef. 7-1-01

340-210-0120 Re-Registration (1) In order to re-register or maintain registration, a person responsible for an air contaminant source must reaffirm in writing, by March 1 of each year, the correctness and current status of the information furnished to the Department. (2) Any change in any of the factual data reported under OAR 340-210-0110(3) or (4) must be reported to the Department, at which time re-registration may be required on forms furnished by the Department.

### Attachment 3.1, pg. 6

(3) In order to re-register, a person must not have had their registration terminated or revoked within the last 3 years, unless the air contaminant source has changed ownership since termination or revocation. [NOTE: This rule is included in the State of Oregon Clean Air Act Implementation Plan as adopted by the EQC under OAR 340-200-0040.] Stat. Auth.: ORS 468.020, ORS 468A.050 and ORS 468A.310 Stats. Implemented: ORS 468 & ORS 468A Renumbered from 340-028-0520; DEQ 6-2001, f. 6-18-01, cert. ef. 7-1-01 )

### Attachment 3.1, pg. 7

DIVISION 216

AIR CONTAMINANT DISCHARGE PERMITS

340-216-0020 Applicability This division applies to all sources referred to in Table 1. This division also applies to Oregon Title V Operating Permit program sources when an ACDP is required by OAR 340-218-0020 or 340-224-0010. Sources referred to in Table 1 are subject to fees as set forth in Table 2. (1) No person may construct, install, establish, develop or operate any air contaminant source which is referred to in Table 1 without first obtaining an Air Contaminant Discharge Permit (ACDP) from the Department or Regional Authority, unless otherwise deferred from the requirement to obtain an ACDP in subsection (1)(c) or (d) of this rule. No person may continue to operate an air contaminant source if the ACDP expires, or is terminated or revoked; except as provided in OAR 340-216-0082. (a) For portable sources, a single permit may be issued for operating at any area of the state if the permit includes the requirements from both the Department and Regional Authorities. (b) The Department or Regional Authority where the portable source's Corporate offices are located will be responsible for issuing the permit. If the corporate office of a portable source is located outside of the state, the Department will be responsible for issuing the permit. (c) An air contaminant source required to obtain an ACDP or ACDP Attachment pursuant to a NESHAP or NSPS adopted by the Commission by rule is not required to submit an application for an ACDP or ACDP Attachment until four months after the effective date of the Commission's adoption of the NESHAP or NSPS, and is not required to obtain an ACDP or ACDP Attachment until six months after the Commission's adoption of the NESHAP or NSPS. In addition, the Department may defer the requirement to submit an application for, or to obtain an ACDP or ACDP Attachment, or both, for up to an additional six months. (d) Gasoline dispensing facilities are not required to submit an application for an ACDP or ACDP Attachment until May 1, 2010 or obtain an ACDP or ACDP attachment until June 1, 2010. The Department may defer the requirement to submit an application for, or to obtain an ACDP or ACDP Attachment, or both, for up to an additional six months. (e) Deferrals of Oregon permitting requirements do not relieve an air contaminant source from the responsibility of complying with federal NESHAP or NSPS requirements. (2) No person may construct, install, establish, or develop any source that will be subject to the Oregon Title V Operating Permit program without first obtaining an ACDP from the Department or Regional Authority. (3) No person may modify any source that has been issued an ACDP without first complying with the requirements of OAR 340-210-0205 through 340-210-0250. (4) No person may modify any source required to have an ACDP such that the source becomes subject to the Oregon Title V Operating Permit program without complying with the requirements of OAR 340- 210-0205 through 340-210-0250. (5) No person may increase emissions above the PSEL by more than the de minimis levels specified in OAR 340-200-0020 without first applying for and obtaining a modified ACDP. NOTE: This rule is included in the State of Oregon Clean Air Act Implementation Plan as adopted by the EQC under OAR 340-211-0040. [ED. NOTE: Tables referenced are available from the agency.]

### Attachment 3.1, pg. 8

Stat. Auth.: ORS 468,020 Stats. Implemented: ORS 468A FXist.: DEQ 47, f. 8-31-72, of 9-15-72; DEQ 63, f 12-20-73, of 1-11-74; DEQ 107, f & ef. 1-6-76; Renumbered from 340-020-0033; DEQ 125, f. & ef. 12-16-76; DEQ 20-1979, f. & ef. 6-29-79; DEQ 23- 1980, f. & ef. 9-26-80; DEQ 13-1981, f_ 5-6-81, ef. 7-1-81; DEQ 11-1983, f & of 5-31-83; DEQ 3- 1986, f. & of 2-12-86; DEQ 12-1987, f. & ef. 6-15-87; DEQ 27-1991, f. & cert. of 11-29-91; DEQ 4- 1993, 

### f. & cert. of 3-10-93; DEQ 12-1993, f. & cert. of 9-24-93, Renumbered from 340-020-015.5; DEQ 19-1993, f. & cert. ef. 11-4-93; DEQ 22-1994, f. & cert. ef. 10-4-94; DEQ 22-1995, f. & cert. of 10-6-95; DEQ 19-1996, f. & cert. ef. 9-24-96; DEQ 22-1996, f. & cert. ef. 10-22-96; DEQ 14-1999, 

### f. & cert. ef. 10-14-99, Renumbered from 340-028-1720; DEQ 6-2001, f. 6-18-01, cert. ef. 7-1-01; DEQ 4- 2002, f. & cert. ef. 3-14-02; DEQ 7-2007, f. & cert. ef. 10-18-07; DEQ 8-2007, f. & cert. ef, 11-8-07; DEQ 15-2008, 

### f. & cert. ef 12-31-08

340-216-0060 General Air Contaminant Discharge Permits (1) Applicability. (a) The Department may issue a General ACDP under the following circumstances: (A) There are several sources that involve the same or substantially similar types of operations; (B) All requirements applicable to the covered operations can be contained in a General ACDP; (C) The emission limitations, monitoring, recordkeeping, reporting and other enforceable conditions are the same for all operations covered by the General ACDP; and (D) The pollutants emitted are of the same type for all covered operations. (b) Permit content. Each General ACDP must include the following: (A) All relevant requirements for the operations covered by the General ACDP; (B) Generic PSELs for all pollutants emitted at more than the deminimis level in accordance with OAR 340, division 222; (C) Testing, monitoring, recordkeeping, and reporting requirements necessary to ensure compliance with the PSEL and other applicable emissions limits and standards; and (D) A petunit expiration date
, not to exceed 10 years from the date of issuance. (c) Permit issuance procedures: A new General ACDP requires public notice and opportunity for comment in accordance with OAR 340 division 209 for Category III permit actions. A reissued General ACDP or a modification to a General ACDP requires public notice and opportunity for comment in -accordance with OAR-340-division 209-for Categoryl1-per-mit actions: All General ACDPs ire on--file--- and available for review at the Department's headquarters. (2) Source assignment: (a) Application requirements. Any person requesting that a source be assigned to a General ACDP must submit a written application in accordance with OAR 340-216-0040 that includes the information in OAR 340-216-0040(1), specifies the General ACDP source category, and shows that the source qualifies for the General ACDP. (b) Fees. Applicants must pay the fees set forth in Table 2 of OAR 340-216-0020. The fee class for each General ACDP is as follows: (A) Hard chrome platers Fee Class Three; (B) Decorative chrome platers - Fee Class Two; (C) Halogenated solvent degreasers -- batch cold -- Fee Class Two; (D) Halogenated solvent degreasers -- batch vapor and in-line - Fee Class Two; (E) Halogenated solvent degreasers -- batch cold, batch vapor, and in-line - Fee Class Two;

### Attachment 3.1, pg. 9

(F) Perchloroethylene dry cleaners - Fee Class Six; (G) Asphalt plants - Fee Class Three; (H) Rock crushers -- Fee Class Two; (I) Ready-mix concrete - Fee Class One; (J) Sawmills, planing mills, millwork, plywood manufacturing and veneer drying - Fee Class Three; (K) Boilers - Fee Class Two; (L) Crematories - Fee Class Two; (M) Grain elevators - Fee Class One; (N) Prepared feeds, flour, and cereal - Fee Class One; (0) Seed cleaning - Fee Class One; (P) Coffee roasters - Fee Class One; (Q) Bulk gasoline plants - Fee Class One; (R) Electric power generators - Fee Class Two; (S) Clay ceramics - Fee Class One; (T) Hospital sterilizers - Fee Class Four; (U) Secondary nonferrous metals - Fee Class One; (V) Gasoline dispensing facilities -- stage I - Fee Class Five; (W) Gasoline dispensing facilities -- stage II - Fee Class Four; (X) Wood preserving - Fee Class Four; (Y) Metal fabrication and finishing - Fee Class Two; (Z) Plating and polishing - Fee Class One; (AA) Miscellaneous surface coating operations - Fee Class One; (BB) Paint stripping --- Fee Class One; (CC) Motor vehicle and mobile equipment surface coating operations - Fee Class One; (DD) Aluminum, copper, and nonferrous foundries - Fee Class Two; (EE) Any General ACDP not listed above - Fee Class One. (c) Source assignment procedures: (A) Assignment of a source to a General ACDP is a Category I permit action and is subject to the Category I public notice requirements in accordance with OAR 340, division 209. (B) A person is not a permittee under the General ACDP until the Department assigns the General ACDP to the person. (C) Assignments to General ACDPs and attachment(s) terminate when the General ACDP or attachment expires or is modified, terminated or revoked. (D) Once a source has been assigned to a General ACDP, if the assigned General ACDP does not cover all requirements applicable to the source, the other applicable requirements must be covered by assignment to one or more General ACDP Attachments in accordance with OAR 340-216-0062, otherwise the source must obtain a Simple or Standard ACDP. (E) A source requesting to be assigned to a General ACDP Attachment, in accordance with OAR 340- 216-0062, for a source category in a higher annual fee class than the General ACDP the source is currently assigned to, must be reassigned to the General ACDP for the source category in the higher annual fee class. (3) Department Initiated Modification. If the Department determines that the conditions have changed such that a General ACDP for a category needs to be modified, the Department may issue a new General ACDP for that category and assign all existing General ACDP permit holders to the new General ACDP.

### Attachment 3.1, pg. 10

(4) Rescission. In addition to OAR 340-216-0082 (Termination or Revocation of an ACDP), the Department may rescind an individual source's assignment to a General ACDP if the source no longer meets the requirements of this rule or the conditions of the permit, including, but not limited to a source having an ongoing, reoccurring or serious compliance problem. Upon rescinding a source's assignment to a General ACDP the Department will place the source on a Simple or Standard ACDP. The Department may also revoke a General ACDP or attachment or both if conditions, standards or rules have changed so the permit or attachment no longer meets the requirements of this rule. NOTE: This rule is included in the State of Oregon Clean Air Act Implementation Plan as adopted by the EQC under OAR 340-200-0040. [ED. NOTE: Tables referenced in this rule are available from the agency.] Stat. Auth.: ORS 468 & 468A Stats. Implemented: ORS 468.020 & 468A.025 Hist.: DEQ 14-1998, f. & cert. ef. 9-14-98; DEQ 14-1999, f. & cert. cf. 10-14-99, Renumbered from 340-028-1725; DEQ 6-2001, f. 6-18-01, cert. ef. 7-1-01; DEQ 10-2001, f. & cert. ef. 8-30-01; DEQ 4- 2002, f. & cert. ef. 3-14-02; DEQ 2-2006, f. & cert. ef. 3-14-06; DEQ 8-2007, f. & cert..ef. 11-8-07; DEQ 15-2008, f. & cert. ef 12-31-08

340-216-0062 General ACDP Attachments (1) Purpose. This rule allows a source to be assigned to one General ACDP and one or more General ACDP Attachments, as long as the General ACDP and General ACDP Attachment(s) contain all requirements applicable to the source. This would allow a source to avoid having to obtain a more costly Simple or Standard ACDP if there are no General ACDPs that contain all requirements applicable to the

source. (2) Applicability. (a) The Department may issue a General ACDP Attachment under the following circumstances: (A) There are several sources that involve the same or substantially similar types of operations; (B) All requirements applicable to the covered operations can be contained in a General ACDP Attachment; (C) The emission limitations, monitoring, recordkeeping, reporting and other enforceable conditions are the same for all operations covered by the General ACDP Attachment; (D) The pollutants emitted are of the same type for all covered operations. If a General ACDP and a

- General-ACDP-Attachment(s)-cannot address all-activities-at a-source,-the-owner-or operator-of-thesource must apply for Simple or Standard ACDP in accordance with this Division. (b) Attachment content. Each General ACDP Attachment must include the following: (A) All relevant requirements for the operations covered by the General ACDP Attachment;, (B) Testing, monitoring, recordkeeping, and reporting requirements necessary to ensure compliance with the applicable emissions limits and standards; and (C) An attachment expiration date not to exceed 10 years from the date of issuance. (c) Attachment issuance procedures: A General ACDP Attachment requires public notice and opportunity for comment in accordance with OAR 340 division 209 for Category II permit actions. All General ACDP Attachments will be on file and available for review at the Department's headquarters. (3) Source assignment: (a) Application requirements. Any person requesting to be assigned. to a General ACDP Attachment must submit a written application for each requested General ACDP Attachment that specifies the

### Attachment 3.1, pg. 11

requested General ACDP Attachment and shows that the source qualifies for the requested General ACDP Attachment. (b) Fees. Permittees must pay an annual fee of $120 for each assigned General ACDP Attachment. (c) Assignment procedures: (A) Assignment to a General ACDP Attachment is a Category I permit action and is subject to the Category I public notice requirements in accordance with OAR 340, division 209. (B) A person is not a permittee under the General ACDP Attachment until the Department assigns the General ACDP Attachment to the person. (C) Assignments to a General ACDP Attachments terminate when the General ACDP Attachment expires or is modified, terminated or revoked. (D) A source may not be assigned to a General ACDP Attachment for a source category in a higher annual fee class than the General ACDP the source is currently assigned to. Instead a source must be reassigned to the General ACDP for the source category in the higher annual fee class in accordance with OAR 340-216-0060(2)(c)(E) and may be assigned to one or more General ACDP Attachments associated with source categories in an equal or lower annual fee class. (d) If all activities at a source cannot be addressed by a General ACDP and General ACDP Attachments, the owner or operator of the source must apply for a Simple or Standards ACDP in accordance with this Division. NOTE: This rule is included in the State of Oregon Clean Air Act Implementation Plan as adopted by the EQC under OAR 340-200-0040. Stat. Auth.: ORS 468 & 468A Stats. Implemented: ORS 468.020 & 468A.025

340-216-0064 Simple ACDP (1) Applicability. (a) Sources and activities listed in Table 1, Part B of OAR 340-216-0020 that do not qualify for a General ACDP and are not required to obtain a Standard ACDP must, at a minimum, obtain a Simple ACDP. (b) Any source required to obtain a Simple ACDP may obtain a Standard ACDP. (c) The Department may determine that a source is ineligible for a Simple ACDP and must obtain a Standard ACDP based upon, but not limited to, the following considerations: (A) The nature, extent, and toxicity of the source's emissions; (B) The complexity of the source and the rules applicable to that source; (C) The complexity of the emission controls and potential threat to human health and the environment if the emission controls fail; (D) The location of the source; and (E) The compliance history of the source. (2) Application Requirements. Any person requesting a new, modified, or renewed Simple ACDP must submit an application in accordance with OAR 340-216-0040. (3) Fees. Applicants for a new, modified, or renewed Simple ACDP must pay the fees set forth in Table 2 of 340-216-0020. Annual fees for Simple ACDPs will be assessed based on the following: (a) Low Fee -- A Source may qualify for the Low Fee if: (A) the source is, or will be, permitted under only one of the following categories from OAR 340-216- 0020 Table 1, Part B (category 25. Electric Power Generation, may be included with any category listed below):

### Attachment 3.1, pg. 12

(i) Category 7. Asphalt felt and coatings; (ii) Category 13. Boilers and other fuel burning equipment; (iii) Category 33. Galvanizing & Pipe coating; (iv) Category 39. Gray iron and steel foundries, malleable iron foundries, steel investment foundries, steel foundries 100 or more tons/yr. metal charged (not elsewhere identified); (v) Category 40. Gypsum products; (vi) Category 45. Liquid Storage Tanks subject to OAR Division 232; (vii) Category 56. Non-Ferrous Metal Foundries 100 or more tons/yr. of metal charged; (viii) Category 57. Organic or Inorganic Industrial Chemical Manufacturing; (ix) Category 61. Perchloroethylene Dry Cleaning; (x) Category 72. Secondary Smelting and/or Refining of Ferrous and Non-Ferrous Metals; or (xi) Category 84. All Other Sources not listed in Table 1 which would have actual emissions, if the source were to operate uncontrolled, of 5 or more tons a year of PM IO if located in a PM 1Q nonattainment or maintenance area, or 10 or more tons of any single criteria pollutant in any part of the state; and (B) The actual emissions from the 12 months immediately preceding the invoice date, and future projected emissions are less than 5 tons/yr. PM 1D in a PMI0 nonattainment or maintenance area, and less than 10 tons/yr. for each criteria pollutant; and (C) The source is not considered an air quality problem or nuisance source by the Department. (b) High Fee -- Any source required to have a Simple ACDP (OAR 340-216-0020 Table 1 Part B) that does not qualify for the Low Fee will be assessed the High Fee. (c) If the Department determines that a source was invoiced for the Low Annual Fee but does not meet the Low Fee criteria outlined above, the source will

. be required to pay the difference between the Low and High Fees, plus applicable late fees in accordance with OAR 340-216-0020 Table 2. Late fees start upon issuance of the initial invoice. In this case, the Department will issue anew invoice specifying applicable fees. (4) Permit Content. (a) All relevant applicable requirements for source operation, including general ACDP conditions for incorporating generally applicable requirements; (b) Generic PSELs for all pollutants emitted at more than the deminimis level in accordance with OAR 340 division 222; (c) Testing, monitoring, recordkeeping, and reporting requirements sufficient to determine compliance -with-the PSEL-and other-emissionlimits-and-standards; as-neeessaly-and--- (d) A permit duration not to exceed 5 years (5) Permit issuance procedures: (a) Issuance of a new or renewed Simple ACDP requires public notice in accordance with OAR 340 division 209 for Category II permit actions. (b) Issuance of a modification to a Simple ACDP requires one of the following procedures, as applicable: (A) Non-technical and non-NSR/PSD Basic and Simple technical modifications require public notice in accordance with OAR 340, division 209 for Category I permit actions; or (B) Issuance of non-NSR/PSD Moderate and Complex technical modifications require public notice in accordance with OAR 340 division 209 for Category II permit actions. [ED. NOTE: Tables referenced in this rule are available from the agency.] Stat. Auth.: ORS 468.020 Stats. Implemented: ORS 468A

### Attachment 3.1, pg. 13

Hist.: DEQ 6-2001, f. 6-18-01, cert. ef. 7-1-01; DEQ 4-2002, f. & cert. ef. 3-14-02Attachment 3.1, pg. 14



### DIVISION 216

OAR 340-216-0020

AIR CONTAMINANT DISCHARGE PERMITS

Table 1

Part A: Activities and Sources The following commercial and industrial sources must obtain a Basic ACDP under the procedures set forth in 340-216-0056 unless the source is required to obtain a different form of ACDP by Part B or C hereof: (Production and emission parameters are based on the latest consecutive 12 month period, or future projected operation, whichever is higher. Emission cutoffs are based on actual emissions.) 1. ** Autobody Repair or Painting Shops painting more than 25 automobiles in a year. 2. Concrete Manufacturing including Redimix and CTB more than 5,000 but less than 25,000 cubic yards per year output. 3. Crematory and Pathological Waste Incinerators with less than 20 tons/yr. material input. 4. Natural gas and propane fired boilers (with or without #2 diesel oil back-up ) of 10 or more MMBTU but less than 30 MMBTU/hr heat input constructed after June 9, 1989. 5. Prepared feeds for animals and fowl and associated grain elevators more than 1,000 tons/yr. but less than 10,000 tons per year throughput. 6. Rock, Concrete or Asphalt Crushing both portable and stationary more than 5,000 tons/yr. but less than 25,000 tons/yr. crushed. 7. Surface coating operations whose actual or expected usage of coating materials is greater than 250 gallons per month, excluding sources that exclusively use non-VOC and non-HAP containing coatings (e.g. powder coating operations).

Part B Activities and Sources The following commercial and industrial sources must obtain either:

• a General ACDP, if one is available for the source classification and the source qualifies for a General ACDP under the procedures set forth in 340-216-0060;

• a Simple ACDP under the procedures set forth in 340-216-0064; or

• a Standard ACDP under the procedures set forth in 340-216-0066 if the source fits one of

- -the -criteria -of-Part-C-h-ereof 1. Aerospace or Aerospace Parts Manufacturing 2. Aluminum, Copper, and Other Nonferrous Foundries subject to an Area Source NESHAP 3. Aluminum Production - Primary 4. Ammonia Manufacturing 5. Animal Rendering and Animal Reduction Facilities 6. Asphalt Blowing Plants 7. Asphalt Felts or Coating 8. Asphaltic Concrete Paving Plants both stationary and portable 9. Bakeries, Commercial over 10 tons of VOC emissions per year 10. Battery Separator Manufacturing 11. Battery Manufacturing and Re-manufacturing 12. Beet Sugar Manufacturing 13. Boilers and other Fuel Burning Equipment over 10 MMBTU/hr. heat input, except exclusively Natural Gas and Propane fired units (with or without #2 diesel backup) under 30 MMBTU/hr. heat inputAttachment 3.1, pg. 15

14. Building paper and Buildingboard Mills 15. Calcium Carbide Manufacturing 16. ** * Can or Drum Coating 17. Cement Manufacturing 18. * Cereal Preparations and Associated Grain Elevators 10,000 or more tons/yr. throughput 19. Charcoal Manufacturing 20. Chlorine and Alkalies Manufacturing 21. Chrome Plating 22. Clay Ceramics Manufacturing subject to an Area Source NESHAP 23. Coffee Roasting (roasting 30 or more tons per year) 24. Concrete Manufacturing including Redimix and CTB 25,000 or more cubic yards per year output 25. Crematory and Pathological Waste Incinerators 20 or more tons/yr. material input 26. Degreasers (halogenated solvents subject to a NESHAP) 27. Electrical Power Generation from combustion (excluding units used exclusively as emergency generators and units less than 500 kW) 28. Ethylene Oxide Sterilization 29. Ferroalloy Production Facilities subject to an Area Source NESHAP 30. *** Flatwood Coating regulated by Division 232 31. *** Flexographic or Rotogravure Printing subject to RACT 32. * Flour, Blended and/or Prepared and Associated Grain Elevators 10,000 or more tons/yr. throughput 33. Galvanizing and Pipe Coating (except galvanizing operations that use less than 100 tons of zinc/yr.) 34. Gasoline Bulk Plants, Bulk Terminals, and Pipeline Facilities 35. Gasoline dispensing facilities, excluding gasoline dispensing facilities with exclusively aboveground tanks, provided the gasoline dispensing facility has monthly throughput of less than 10,000 gallons of gasoline per month and does not sell gasoline for use in motor vehicles 36. Glass and Glass Container Manufacturing 37.* Grain Elevators used for intermediate storage 10,000 or more tons/yr. throughput 38. Grain terminal elevators 39. Gray iron and steel foundries, malleable iron foundries, steel investment foundries, steel foundries 100 or more tons/yr. metal charged (not elsewhere identified) 40. Gypsum Products Manufacturing 41. Hardboard Manufacturing (including fiberboard) 42. Hospital sterilization operations subject to an Area Source NESHAP. 43. Incinerators with two or more ton per day capacity 44. Lime Manufacturing 45. *** Liquid Storage Tanks subject to OAR Division 232 46. Magnetic Tape Manufacturing 47. Manufactured and Mobile Home Manufacturing 48. Marine Vessel Petroleum Loading and Unloading 49. Metal Fabrication and Finishing Operations subject to an Area Source NESHAP 50. Millwork (including kitchen cabinets and structural wood members) 25,000 or more bd. ft./maximum 8 hr. input 51. Molded Container 52. Motor Coach Manufacturing 53. Motor Vehicle and Mobile Equipment Surface Coating Operations subject to an Area Source NESHAP, excluding motor vehicle surface coating operations painting less than 10 vehicles per year or using less than 20 gallons of coating per year and motor vehicle surface coating operations registered pursuant to OAR 340-210-0100(2) 54. Natural Gas and Oil Production and Processing and associated fuel burning equipment

### Attachment 3.1, pg. 16

55. Nitric Acid Manufacturing 56. Non-Ferrous Metal Foundries 100 or more tons/yr. of metal charged 57.Organic or Inorganic Chemical Manufacturing and Distribution with 1/2 or more tons per year emissions of any one criteria pollutant (sources in this category with less than V2 ton/yr. of each criteria pollutant are not required to have an ACDP) 58. Paint Stripping and Miscellaneous Surface Coating Operations subject to an Area Source NESHAP 59. *** Paper or other Substrate Coating 60. Particleboard Manufacturing (including strandboard, flakeboard, and waferboard) 61. Perchloroethylene Dry Cleaning Operations subject to an Area Source NESHAP lexcluding perchloroethylene dry cleaning operations registered pursuant to OAR 340-210-0100(2) 62. Pesticide Manufacturing 5,000 or more tons/yr. annual production 63. Petroleum Refining and Re-refining of Lubricating Oils and Greases including Asphalt Production by Distillation and the reprocessing of oils and/or solvents for fuels 64. Plating and Polishing Operations subject to an Area Source NESHAP 65. Plywood Manufacturing and/or Veneer Drying 66. Prepared feeds for animals and fowl and associated grain elevators 10,000 or more tons per year throughput 67. Primary Smelting and/or Refining of Ferrous and Non-Ferrous Metals 68. Pulp, Paper and Paperboard Mills 69. Rock, Concrete or Asphalt Crushing both portable and stationary 25,000 or more tons/yr. crushed 70. Sawmills and/or Planing Mills 25,000 or more bd. ft./maximum 8 hr. finished product 71. Secondary Nonferrous Metals Processing subject to an Area Source NESHAP 72. Secondary Smelting and/or Refining of Ferrous and Non-Ferrous Metals 73.* Seed Cleaning and Associated Grain Elevators 5,000 or more tons/yr. throughput 74. Sewage Treatment Facilities employing internal combustion for digester gasses 75. Soil Remediation Facilities stationary or portable 76. Steel Works, Rolling and Finishing Mills 77. *** Surface Coating in Manufacturing subject to RACT 78. Surface Coating Operations with actual emissions of VOCs before add on controls of 10 or more tons/yr. 79. Synthetic Resin Manufacturing 80. Tire Manufacturing 81. Wood Furniture and Fixtures 25,000 or more bd. ft./maximum 8 hr. input 82. Wood Preserving (excluding waterborne) 83. All Other Sources not listed herein that the Department determines an air quality concern exists or one which would emit significant malodorous emissions 84. All Other Sources not listed herein which would have actual emissions, if the source were to operate uncontrolled, of 5 or more tons a year of PM10 if located in a PM10 non-attainment or maintenance area, or 10 or more tons of any single criteria pollutant in any part of the state

Part C: Activities and Sources The following sources must obtain a Standard ACDP under the procedures set forth in 340-216- 0066 1. Incinerators for PCBs and / or other hazardous wastes 2. All Sources that the Department determines have emissions that constitute a nuisance 3. All Sources electing to maintain the source's baseline emission rate, or netting basis 4. All Sources subject to a RACT, BACT, LAER, NESHAP adopted in OAR 340-244-0220, NSPS, State MACT, or other significant Air Quality regulation(s), except:

a. Source categories for which a General ACDP has been issued.Attachment 3.1, pg. 18



### DIVISION 216 OAR 340-216-0020

AIR CONTAMINANT DISCHARGE PERMITS

$3,000.00 $120.00 $1,200.00X $6,000.00 $9,600.00 $12,000.00 g. Standard ACDP 

### (PSD/NSR) $42,000.00 *DEQ may waive the assignment fee for an existing source requesting to be assigned to a General ACDP because the source is subject to a newly adopted area source NESHAP as long as the existing source requests assignment within 90 days of notification by DEQ.

$360.00 $720.00 $J,296.00 $1,872.00 $360.00 $120.00 $240.00 $1,920.00 $3,840.00 $7,680.00. *If the Department issues an invoice for Dry Cleaners or Gasoline Dispensing Facilities that combines fees from other Divisions on a single invoice the payment due may be extended by the Department until March 1st. 

### Part 3. Specific Activity Fees:

a. Non-Technical Permit Modification (1) $360.00 b. Non-PSD/NSR Basic Technical Permit Modification (2) $360.00
c. Non-PSD/NSR Simple Technical Permit Modification(3) 

### $1,200.40 d. Non-PSD/NSR Moderate Technical Permit Modification (4) $6,000.00
e. Non-PSD/NSR Complex Technical Permit Modification (5) $12;000.00 Table 2 

### Part I. Initial Permitting Application Fees: (in addition to first annual fee

a. Short Term Activity ACOP b. Basic ACDP

c. Assignment to General ACDP d. Simple ACDP e Construction ACDP f. Standard ACDP

d. Simple ACDP 

### Part 2. Annual Fees: (Due 12/1* for 1/1 to 12/31 of the following year)
Short Term Activity ACDP b. Basic ACDP 

### c. General ACDP (A) Fee Class One (B) Fee 

### Class Two (C) Fee Class Three (D).Fee 

### Class Four (E) Fee Class 

### Five (F) Fee 

### Class Six (A) Low Fee (B) High Fee e. Standard ACDPAttachment 3.1, pg. 17

b. Sources with less than 10 tons/yr. actual emissions that are subject to RACT, NSPS or a NESF-IAP adopted in OAR 340-244-0220 which qualify for a Simple ACDP.
c. Sources registered pursuant to OAR 340-210-0100(2). d. Electrical power generation units used exclusively as emergency generators and units less than 500 kW.
e. Gasoline dispensing facilities with exclusively above ground tanks, provided the gasoline dispensing facility has monthly throughput of less than 10,000 gallons of gasoline per month and does not sell gasoline for use in motor vehicles f. Motor vehicle surface coating operations painting less than 10 vehicles per year or using less than 20 gallons of coating per year. 5. All Sources having the Potential to Emit more than 100 tons of any regulated air contaminant in a year 6. All Sources having the Potential to Emit more than 10 tons of a single hazardous air pollutant in a year 7. All Sources having the Potential to Emit more than 25 tons of all hazardous air pollutants combined in a year Notes: * Applies only to Special Control Areas ** Portland AQMA only *** Portland AQMA, Medford-Ashland AQMA or Salem SKATS only   "back-up" means less than 10,000 gallons of fuel per year

### Attachment 3.1, pg. 19

f. PSD/NSR Modification
g. Modeling Review (outside PSD/NSR) . h. Public Hearing at Source's Request i; State MALT Determination j. Compliance Order Monitoring (6)



### Part 4. Late Fees:

a. 8-30 days late 5% of annual fee b. 31-60 days late 10% of annual fee

c. 61 or more days late 20% of annual fee

1. Non-Technical modifications include; but are not limited to name changes, change of ownership and similar administrative changes. 2. Basic Technical Modifications include, but are not limited to corrections of emission factors in compliance methods, changing source test dates for extenuating circumstances, and similar changes. 3. Simple Technical Modifications include, but are not limited to, incorporating a PSEL compliance method from a review report into an ACDP, modifying a compliance method to use different emission factors or process parameter, changing source test dates for extenuating circumstances, changing reporting frequency, incorporating NSPS and NESHAP requirements that do not require judgment, and similar changes. 4. Moderate Technical Modifications include, but are not limited to incorporating a relatively simple new compliance method into a permit, adding a relatively simple compliance method or monitoring for an emission point or control device not previously addressed in a permit, revising monitoring and reporting requirements other than dates and frequency, adding a new applicable requirement into a permit due to a change in process or change in rules and that does not require judgment by the Department, incorporating NSPS and NESHAP requirements that do not require judgment, and similar changes. 5. Complex Technical Modifications Include, but are not limited to incorporating a relatively complex new compliance method into a permit, adding a relatively complex compliance method or monitoring for an emission point or control devise not previously addressed in a permit, adding a relatively complex new applicable requirement into a permit due to a change in process or change in rules and that requires judgment by the Department, and similar changes. 6. This is a one time fee payable when a Compliance Order is established in a Permit or a Department Order containing a compliance schedule becomes a Final Order of the Department and is based on the number of months the Department will have to oversee the Order. 

### $42,000.00 $6,000..00 $2,400.00 $6,000.00 $120.00/month

### Attachment 3.1, pg. 20

DIVISION 244

OREGON FEDERAL HAZARDOUS AIR POLLUTANT PROGRAM

General Provisions for Stationary Sources

340-244-0030 Definitions The definitions in OAR 340-200-0020, 340-218-0030 and this rule apply to this division. If the same term is defined in this rule and OAR 340-200-0020 or 340-218-0030, the definition in this rule applies to this division. (1) "Accidental Release" means an unanticipated emission of a regulated substance or other extremely hazardous substance into the ambient air from a stationary source. (2) "Act" and "FCAA" mean the Federal Clean Air Act, Public Law 88-206 as last amended by Public Law 101-549. (3) "Annual throughput" means the amount of gasoline transferred into a gasoline dispensing facility during 12 consecutive months. (4) "Area Source" means any stationary source which has the potential to emit hazardous air pollutants but is not a major source of hazardous air pollutants. (5) "CFR" means Code of Federal Regulations and, unless otherwise expressly identified, refers to the July 1, 2009 edition. (6) "Commission" means the Oregon Environmental Quality Commission. (7) "Construct a major source" means to fabricate, erect, or install at any greenfield site a stationary source or group of stationary sources which is located within a contiguous area and under common control and which emits or has the potential to emit 10 tons per year of any HAPs or 25 tons per year of any combination of HAP, or to fabricate, erect, or install at any developed site a new process or production unit which in and of itself emits or has the potential to emit 10 tons per year of any HAP or 25 tons per year of any combination of HAP, unless the process or production unit satisfies criteria in paragraphs (a) through (f) of this definition: (a) All HAP emitted by the process or production unit that would otherwise be controlled under the requirements of 40 CFR Part 63, Subpart B will be controlled by emission control equipment which was previously installed at the same site as the process or production unit;

-- -The De artment has-determined-within-a eriod of 5 ears- - rior to the-fabrication,-erection-or installation of the process or production unit that the existing emission control equipment represented the best available control technology (BACT), lowest achievable emission rate (LAER) under 40 CFR part 51 or 52, toxics-best available control technology (T-BACT), or MACT based on State air toxic rules for the category of pollutants which includes those HAP to be emitted by the process or production unit; or the Department determines that the control of HAP emissions provided by the existing equipment will be equivalent to that level of control currently achieved by other well-controlled similarsources (i.e., equivalent to the level of control that would be provided by a current BACT, LAER, TBACT, or State air toxic rule MACT determination). (c) The Department determines that the percent control efficiency for emission of HAP from all sources to be controlled by the existing control equipment will be equivalent to the percent control efficiency provided by the control equipment prior to the inclusion of the new process or production unit;

### Attachment 3.1, pg. 21

(d) The Department has provided notice and an opportunity for public comment concerning its determination that criteria in paragraphs (a), (b), and (c) of this definition apply and concerning the continued adequacy of any prior LAER, BACT, T-BACT, or State air toxic rule MACT determination; (e) If any commenter has asserted that a prior LAER, BACT, T-BACT, or State air toxic rule MACT determination is no longer adequate, the Department has determined that the level of control required by that prior determination remains adequate; and (f) Any emission limitations, work practice requirements, or other terms and conditions upon which the above determinations by the Department are predicated will be construed by the Department as applicable requirements under section 504(a) and either have been incorporated into any existing Title V permit for the affected facility or will be incorporated into such permit upon issuance. (8) "Department" means the Department of Environmental Quality. (9) "Director" means the Director of the Department or Regional Agency, and authorized deputies or officers. (10) "Dual-point vapor balance system" means a type of vapor balance system in which the storage tank is equipped with an entry port for a gasoline fill pipe and a separate exit port for a vapor connection. (11) "Emission" means a release into the atmosphere of any regulated pollutant or air contaminant. (12) "Emissions Limitation" and "Emissions Standard" mean a requirement adopted by the Department or Regional Agency, or proposed or promulgated by the Administrator of the EPA, which limits the quantity, rate, or concentration of emissions of air pollutants on a continuous basis, including any requirements which limit the level of opacity, prescribe equipment, set fuel specifications, or prescribe operation or maintenance procedures for a source to assure continuous emission reduction. (13) "Emissions Unit" means any part or activity of a stationary source that emits or has the potential to emit any regulated air pollutant. (a) A part of a stationary source is any machine, equipment, raw material, product, or by-product that produces or emits air pollutants. An activity is any process, operation, action, or reaction (e.g., chemical) at a stationary source that emits air pollutants. Except as described in paragraph (d) of this definition, parts and activities may be grouped for purposes of defining an emissions unit provided the following conditions are met: (A) The group used to define the emissions unit may not include discrete parts or activities to which a distinct emissions standard applies or for which different compliance demonstration requirements apply; and (B) The emissions from the emissions unit are quantifiable. (b) Emissions units may be defined on a pollutant by pollutant basis where applicable; (c) The term "emissions unit" is not meant to alter or affect the definition of the term "unit" for purposes of Title IV of the FCAA; (d) Parts and activities cannot be grouped for determining emissions increases from an emissions unit under OAR 340-224-0050 through 340-224-0070, or OAR 340 division 210, or for determining the applicability of a New Source Performance Standard (NSPS). (14) "EPA" means the Administrator of the United States Environmental Protection Agency or the Administrator's designee. (15) "Equipment leaks" means leaks from pumps, compressors, pressure relief devices, sampling connection systems, open ended valves or lines, valves, connectors, agitators, accumulator vessels, and instrumentation systems in hazardous air pollutant service. (16) "Existing Source" means any source, the construction of which commenced prior to proposal of an applicable standard under sections 112 or 129 of the FCAA.

### Attachment 3.1, pg. 22

(17) "Facility" means all or part of any public or private building, structure, installation, equipment, or vehicle or vessel, including but not limited to ships. (18) "Fugitive Emissions" means emissions of any air contaminant that escape to the atmosphere from any point or area that is not identifiable as a stack, vent, duct or equivalent opening. (19) "Gasoline cargo tank" means a delivery tank truck or railcar which is loading gasoline or which has loaded gasoline on the immediately previous load. (20) "Gasoline dispensing facility (GDF)" means any stationary facility which dispenses gasoline intothe fuel tank of a motor vehicle. In Clackamas, Multnomah and Washington Counties, the MedfordAshland Air Qi ality Maintenance Area, and the Salem-Keizer Area Transportation Study area, "gasoline dispensing facility" means any stationary facility which dispenses gasoline into the fuel tank of a motor vehicle, boat, or airplane. (21) "Hazardous Air Pollutant" (HAP) means an air pollutant listed by the EPA pursuant to section 112(b) of the FCAA or determined by the Commission to cause, or reasonably be anticipated to cause, adverse effects to human health or the environment. (22) "Major Source" means any stationary source or group of stationary sources located within a contiguous area and under common control that emits or has the potential to emit considering controls, in the aggregate, 10 tons per year or more of any hazardous air pollutant or 25 tons per year or more of any combination of hazardous air pollutants. The EPA may establish a lesser quantity, or in the case of radionuclides different criteria, for a major source on the basis of the potency of the air pollutant, persistence, potential for bioaccumulation, other characteristics of the air pollutant, or other relevant factors. (23) "Maximum Achievable Control Technology (MACT)" means an emission standard applicable to major sources of hazardous air pollutants that requires the maximum degree of reduction in emissions deemed achievable for either new or existing sources. (24) "Monthly throughput" means the total volume of gasoline that is loaded into all gasoline storage tanks during a month, as calculated on a rolling 30-day average. (25) "New Source" means a stationary source, the construction of which is commenced after proposal of

a

. federal MACT or January 3, 1993 of this Division, whichever is earlier. (26) "Person" means the United States Government and agencies thereof, any state, individual, public or private corporation, political subdivision, governmental agency, municipality, industry, co-partnership, association, firm, trust, estate, or any other legal entity whatsoever. (27) "Potential to Emit" means the maximum capacity of a stationary source to emit any air pollutant -under--its-physical-and-operational-design.-Any-physical-or-operational-limitation-on-the-capacity-of a source to emit an air pollutant, including air pollution control equipment and restrictions on hours of operation or on the type or amount of material combusted, stored, or processed, shall be treated as part of its design if the limitation is enforceable by the EPA. This section does not alter or affect the use of this section for any other purposes under the Act, or the term "capacity factor" as used in Title IV of the Act or the regulations promulgated thereunder. Secondary emissions shall not be considered in determining the potential to emit of a source. (28) "Reconstruct a Major Source" means the replacement of components at an existing process or production unit that in and of itself emits or has the potential to emit 10 tons per year of any HAP or 25 tons per year of any combination of HAP, whenever: the fixed capital cost of the new components exceeds 50 percent of the fixed capital cost that would be required to construct a comparable process or production unit; and; it is technically and economically. feasible for the reconstructed major source to meet the applicable maximum achievable control technology emission limitation for new sources established under 40 CFR Part 63 Subpart B.

### Attachment 3.1, pg. 23

(29) "Regional Agency" means Lane Regional Air Protection Agency. (30) "Regulated Air Pollutant" as used in this Division means: (a) Any pollutant listed under OAR 340-200-0400 or 340-244-0230; or (b) Any pollutant that is subject to a standard promulgated pursuant to Section 129 of the Act. (31) "Secondary Emissions" means emissions from new or existing sources which occur as a result of the construction and/or operation of a source or modification, but do not come from the source itself. Secondary emissions shall be specific, well defined, and quantifiable, and impact the same general area as the source associated with the secondary emissions. Secondary emissions may include but are not limited to: (a) Emissions from ships and trains coming to or from a facility; (b) Emissions from offsite support facilities which would be constructed or would otherwise increase emissions as a result of the construction of a source or modification. (32) "Section 111" means that section of the FCAA that includes standards of performance for new stationary sources. (33) "Section 112(b)" means that subsection of the FCAA that includes the list of hazardous air pollutants to be regulated. (34) "Section 112(d)" means that subsection of the FCAA that directs the EPA to establish emission standards for sources of hazardous air pollutants. This section also defines the criteria to be used by EPA when establishing the emission standards. (35) "Section 112(e)" means that subsection of the FCAA that directs the EPA to establish and promulgate emissions standards for categories and subcategories of sources that emit hazardous air pollutants. (36) "Section 112(n)" means that subsection of the FCAA that includes requirements for the EPA to conduct studies on the hazards to public health prior to developing emissions standards for specified categories of hazardous air pollutant emission sources. (37) "Section 112(r)" means that subsection of the FCAA that includes requirements for the EPA promulgate regulations for the prevention, detection and correction of accidental releases. (38) "Section 129" means that section of the FCAA that requires EPA to promulgate regulations for solid waste combustion. (39) "Solid Waste Incineration Unit" as used in this Division shall have the same meaning as given in Section 129(g) of the FCAA. (40) "Stationary Source": (a) As used in OAR 340 division 244 means any building, structure, facility, or installation which emits or may emit any regulated air pollutant; (b) As used in OAR 340-244-0230 means any buildings, structures, equipment, installations, or substance emitting stationary activities: (A) That belong to the same industrial group; (B) That are located on one or more contiguous properties; (C) That are under the control of the same person (or persons under common control); and (D) From which an accidental release may occur. (41) "Submerged filling" means, for the purposes of this subpart, the filling of a gasoline storage tank through a submerged fill pipe whose discharge is no more than the applicable distance specified in OAR 340-244-0242(2) from the bottom of the tank. Bottom filling of gasoline storage tanks is included in this definition. (42) "Topping off' means, in the absence of equipment malfunction, continuing to fill a gasoline tank after the nozzle has clicked off.

### Attachment 3.1, pg. 24

(43) "Vapor balance system" means a combination of pipes and hoses that create a closed system between the vapor spaces of an unloading gasoline cargo tank and a receiving storage tank such that vapors displaced from the storage tank are transferred to the gasoline cargo tank being unloaded. (44) "Vapor-tight" means equipment that allows no loss of vapors. Compliance with vapor-tight requirements can be determined by checking to ensure that the concentration at a potential' leak source is not equal to or greater than 100 percent of the Lower Explosive Limit when measured with a combustible gas detector, calibrated with propane, at a distance of 1 inch from the source. [Publications: Publications referenced are available from the agency.] Stat. Auth.: ORS 468.020 & 468A.025 Stats, Implemented: ORS 468A.040 Hist.: DEQ 13-1993, f & cert. ef. 9-24-93; DEQ 18-1993, f. & cert. ef. 11-4-93; DEQ 24-1994, f. & cert. ef. 10-28-94; DEQ 22-1995, f & cert. of 10-6-95; DEQ 26-1996, f. & cert. ef. 11-26-96; DEQ 20- 1997, f. & cert. ef. 9-25-97; 

### DEQ 18-1998, f. & cert. of 10-5-98; DEQ 14-1999, f. & cert. of 10-14-99, Renumbered from 340-032-0120; DEQ 2-2005, f. & cert. ef. 2-10-05; DEQ 2-2006, f. & cert. ef. 3-14- 06; DEQ 13-2006, f. & cert. ef. 12-22-06; DEQ 15-2008, f. & cert. ef 12-31-08

340-244-0238 Compliance Dates (1) For a new or reconstructed affected source, the owner or operator must comply with the standards in OAR 340-244-0240 and 0242, as applicable, no later than January 10, 2008 or upon startup, whichever is later, except as follows: (a) The owner or operator of a new or reconstructed GDF must comply with OAR 340-244-0240(1)(b) and (c) no later than July 1, 2009 or upon startup, whichever is later. (b) For tanks located at a GDF with average monthly throughput less than 100,000 gallons of gasoline and not listed in OAR 340-244-0234(4)(a)(C) or (4)(b) must comply with OAR 340-244-0242, as applicable, no later than December 13, 2009 or upon startup, whichever is later. (c) The owner or operator of a GDF subject to Table 4 of this division must comply no later than September 23, 2008 or upon startup, whichever is later. (2) For an existing affected source, the owner or operator must comply with the standards in OAR 340- 244-0240 and 0242, as applicable, by no later than January 10, 2011, except as follows: (a) For tanks with a capacity between 1,500 and 40,000 gallons and located in the Portland AQMA, Medford AQMA, or Salem SATS, the owner or operator must comply with the standards in OAR 340- 244-0240(3)-and-0242-no-later-than-December-13-2008. (b) For tanks located at an affected source located in Clackamas, Multnomah, or Washington County, whose annual throughput exceeds 120,000 gallons, the owner or operator must comply with the standards in OAR 340-244-0240(3) and 0242 no later than December 13, 2008. (c) The owner or operator of an existing GDF must comply with OAR 340-244-0240(1)(b) and (c) no later than July 1, 2009 or upon startup, whichever is later. (3) For an existing affected source that becomes subject to the control requirements in this rule because of an increase in the average monthly throughput, as specified in OAR 340-244-0234(4), the owner or operator must comply with the standards in this rule no later than January 10, 2011 or within 2 years after the affected source becomes subject to the control requirements in this rule, whichever is later. NOTE: This rule is included in the State of Oregon Clean Air Act Implementation Plan as adopted by the Environmental Quality Commission under OAR 340-200-0040.

### Attachment 3.1, pg. 25

Stat. Auth.: ORS 468.020 & 468A.025 Stats. Implemented: ORS 468A.025 Hist.: DEQ 15-2008, f. & cert. of 12-31-08

340-244-0240 Work Practice and Submerged Fill Requirements (1) The owner or operator of a GDF must not allow gasoline to be handled in a manner that would result in vapor releases to the atmosphere for extended periods of time. Measures to be taken include, but are not limited to, the following: (a) Minimize gasoline spills; (b) Do not top off or overfill vehicle tanks. If a person can confirm that a vehicle tank is not full after the nozzle clicks off such as by checking the vehicle's fuel tank gauge), the person may continue to dispense fuel using best judgment and caution to prevent a spill; (c) Post a sign at the GDF instructing a person filling up a motor vehicle to not top off the vehicle tank; (d) Clean up spills as expeditiously as practicable; (e) Cover all open gasoline containers and all gasoline storage tank fill-pipes with a gasketed seal when not in use; (f) Minimize gasoline sent to open waste collection systems that collect and transport gasoline to reclamation and recycling devices, such as oil/water separators. (g) Ensure that cargo tanks unloading at the GDF comply with subsections (1)(a) through (e) of this rule. (2) Any cargo tank unloading at a GDF equipped with a functional vapor balance system must connect to the vapor balance system whenever gasoline is being loaded. (3) The owner or operator must only load gasoline into storage tanks at the facility by utilizing submerged filling, as defined in OAR 340-244-0030, and as specified in subsection. (3)(a) or (3)(b) of this rule. (a) Submerged fill pipes installed on or before November 9, 2006, must be no more than 12 inches from the bottom of the storage tank. (b) Submerged fill pipes installed after November 9, 2006, must be no more than 6 inches from the bottom of the storage tank. (4) Gasoline storage tanks with a capacity of less than 250 gallons are not required to comply with the submerged fill requirements in section (3) of this rule. (5) The owner or operator must submit the applicable notifications as required under OAR 340-244- 0246. (6) The owner or operator must have records available within 24 hours of a request by the Department to document gasoline throughput. (7) The owner or operator must comply with the requirements of this rule by the applicable dates specified in OAR 340-244-0238. NOTE: This rule is included in the State of Oregon Clean Air Act Implementation Plan as adopted by the Environmental Quality Commission under OAR 340-200-0040. Stat. Auth.: ORS 468.020 & 468A.025 Stats. Implemented: ORS 468A.025 Hist.: DEQ 15-2008, f & cert. of 12-31-08

340-244-0242 Vapor Balance Requirements

### Attachment 3.1, pg. 26

(1) Except as provided in section (2) of this rule, the owner or operator of gasoline storage tank listed in OAR 340-244-0234(4), must meet the requirements in either subsection (1)(a) or (1)(b) of this rule. (a) Each management practice in Table 4 of this division that applies to the GDF. (b) If, prior to January 10, 2008, the owner or operator operates a vapor balance system at the GDF that meets the requirements of either paragraph (1)(b)(A) or (1)(b)(B) of this rule, the owner or operator will be deemed in compliance with this section. (A) Achieves emissions reduction of at least 90 percent. (B) Operates using management practices at least as stringent as those in Table 4 of this division. (2) Gasoline storage tanks equipped with floating roofs or the equivalent are not required to comply with the control requirements in section (1) of this rule. (3) Cargo tanks unloading at a GDF must comply with the requirements of OAR 340-244-0240(1) and management practices in Table 5 of this division. (4) The owner or operator of a GDF subject to section (1) of this rule or having a gasoline storage tank equipped with a vapor balance system, must comply with the following requirements on and after the applicable compliance date in OAR 340-244-0238: (a) When loading a gasoline storage tank equipped with a vapor balance system, connect and ensure the proper operation of the vapor balance system whenever gasoline is being loaded. (b) Maintain all equipment associated with the vapor balance system to be vapor tight and in good working order. (c) In order to ensure that the vapor balance equipment is maintained to be vapor tight and in good working order, have the vapor balance equipment inspected on an annual basis to discover potential or actual equipment failures. (d) Replace, repair or modify any worn or ineffective component or design element within 2.4 hours to ensure the vapor-tight integrity and efficiency of the vapor balance system. If repair parts must be ordered, either a written or verbal order for those parts must be initiated within 2 working days of detecting such a leak. Such repair parts must be installed within 5 working days after receipt. (5) The owner or operator of a GDF subject to section (1) of this rule must also comply with the following requirements: (a) The applicable testing requirements contained in OAR 340-244-0244. (b) The applicable notification requirements under OAR 340-244-0246. (c) The applicable recordkeeping and reporting requirements as specified in OAR 340-244-0248 and 0250. (d)-The owner or-operator-must havrecord-s-available within 24-hour-s-of-a-request by-the-Departmentto--- document gasoline throughput. NOTE: This rule is included in the State of Oregon Clean Air Act Implementation Plan as adopted by the Environmental Quality Commission under OAR 340-200-0040. Stat. Auth.: ORS 46.8.020 & 468A.025 Stats. Implemented: ORS 468A.025 Hist.: DEQ 15-2008, f. & cert. of 12-31-08

340-244-0246 Notifications (1) Each owner or operator subject to the control requirements in OAR 340-244-0240(3) must comply with subsections (1)(a) through (c) of this rule. (a) The owner or operator must submit an Initial Notification that the owner or operator is subject to the Gasoline Dispensing Facilities NESHAP by May 9, 2008, or at the time the owner or operator becomes

### Attachment 3.1, pg. 27

subject to the control requirements in OAR 340-244-0240(3), unless the owner or operator meets the requirements in subsection (1)(c) of this rule. The Initial Notification must contain the information specified in paragraphs (1)(a)(A) through (C) of this rule. The notification must be submitted to EPA's Region 10 Office and the Department as specified in 40 CFR 63.13. (A) The name and address of the owner and the operator. (B) The address (i.e., physical location) of the GDF. (C) A statement that the notification is being submitted in response to the Gasoline Dispensing Facilities NESHAP and identifying the requirements in OAR 340-244-0240(1) through (3) that apply to the owner or operator. (b) The owner or operator must submit a Notification of Compliance Status to EPA's Region 10 Office and the Department, as specified in 40 CFR 63.13, by the compliance date specified in OAR 340-244- 0238 unless the owner or operator meets the requirements in subsection (1)(c) of this rule. The Notification of Compliance Status must be signed by a responsible official who must certify its accuracy and must indicate whether the source has complied with the requirements of OAR 340-244-0232 through 0252. If the facility is in compliance with the requirements of OAR 340-244-0232 through 0252 at the time the Initial Notification required under subsection (1)(a) of this rule is due, the Notification of Compliance Status may be submitted in lieu of the Initial Notification provided it contains the information required under subsection (1)(a) of this rule. (c) If, prior to January 10, 2008, the owner or operator is operating in compliance with an enforceable State rule or permit that requires submerged fill as specified in OAR 340-244-0240(3), the owner or operator is not required to submit an Initial Notification or a Notification of Compliance Status under subsection (1)(a) or (b) of this rule. (2) Each owner or operator subject to the control requirements in OAR 340-244-0242 must comply with subsections (2)(a) through (e) of this rule. (a) The owner or operator must submit an Initial Notification that the owner or operator is subject to the Gasoline Dispensing Facilities NESHAP by May 9, 2008, or at the time the owner or operator becomes subject to the control requirements in OAR 340-244-0242. The Initial Notification must contain the information specified in paragraphs (2)(a)(A) through (C) of this rule. The notification must be submitted to EPA's Region 10 Office and the Department as specified in 40 CFR 63.13. (A) The name and address of the owner and the operator. (B) The address (i.e., physical location) of the GDF. (C) A statement that the notification is being submitted in response to the Gasoline Dispensing Facilities NESHAP and identifying the requirements in OAR 340-244-0242 

### that apply to the owner or operator. (b) The owner or operator must submit a Notification of Compliance Status to EPA's Regional 10 Office and the Department, as specified in 40 CFR 63.13, by the compliance date specified in OAR 340-244- 

### 0238. The Notification of Compliance Status must be signed by a responsible official who must certify its accuracy and must indicate whether the source has complied with the requirements of OAR 340-244- 

### 0232 through 0252. If the facility is in compliance with the requirements OAR 340-244-0232 through 0252 at the time the Initial Notification required under subsection (2)(a) of this rule is due, the Notification of Compliance Status may be submitted in lieu of the Initial Notification provided it contains the information required under subsection (2)(a) of this rule. (c) If, prior to January 10, 2008, the owner or operator satisfies the requirements in both paragraphs (2)(c)(A) and (B) of this rule, the owner or operator is not required to submit an Initial Notification or a Notification of Compliance Status if the owner or operator operates a vapor balance system at the gasoline dispensing facility that meets the requirements of either paragraphs (2)(c)(A) or (B) of this rule. (A) Achieves emissions reduction of at least 90 percent.

### Attachment 3.1, pg. 28

(B) Operates using management practices at least as stringent as those in Table 4 of this division. (d) The owner or operator must submit a Notification of Performance Test, as specified in 40 CFR 63.9(e), prior to initiating testing required by OAR 340-244-0244(1) and (2). (e) The owner or operator must submit additional notifications specified in 40 CFR 63.9, as applicable. NOTE: This rule is included in the State of Oregon Clean Air Act Implementation Plan as adopted by the Environmental Quality Commission under OAR 340-200-0040. Stat. Auth.: ORS 468.020 & 468A.025 Stats. Implemented: ORS 468A.025 Hist.: DEQ 15-2008, f. & cert. of 12-31-08

TABLE 4 (OAR 340-244-0242)

MANAGEMENT PRACTICES FOR GASOLINE DISPENSING FACILITIES SUBJECT TO STAGE I VAPOR CONTROLS If owning or operating The owner or operator must 1. An existing GDF Install and operate a vapor balance system on gasoline storage tanks that meets the design criteria in paragraphs (a) through (h). (a) All vapor connections and lines on the storage tank must be equipped with closures that seal upon disconnect. (b) The vapor line from the gasoline storage tank to the gasoline cargo tank must be vapor-tight, as defined in OAR 340-244- 0030. (c) The vapor balance system must be designed such that the pressure in the tank truck does not exceed 18 inches water pressure or 5.9 inches water vacuum during product transfer. (d) The vapor recovery and product adaptors, and the method of connection with the delivery elbow, must be designed so as 

### to prevent the over-tightening or loosening of fittings during normal delivery operations. (e) If a gauge well separate from the fill tube is used, it must be provided with a submerged drop tube that extends the same distance from the bottom of the. storage tank as specified in OAR 340-244-0240(2). (f) Liquid fill connections for all systems must be equipped with vapor-tight caps. (g) Pressure/vacuum (PV) vent valves must be installed on the storage tank vent pipes. The pressure specifications for PV vent valves must bp: a positive pressure setting of 2.5 to 6.0 inches of water and a negative pressure setting of 6.0 to 10.0 inches of water. The total leak rate of all PV vent valves at an affected facility, including connections, must not exceed 0.17 cubic foot per hour at a pressure of 2.0 inches of water and 0.63 cubic foot per hour at a vacuum of.4 inches of water. (h) The vapor balance system must be capable of meeting the static pressure performance requirement of the following equation: Pf = 2e -500.8871v Where: Pf = Minimum allowable final pressure, inches of water. v = Total tillage affected by the test, gallons, e = Dimensionless constant equal to approximately 2.718. 2 = The initial pressure, inches water.
Install and operate a dual-point vapor balance system, as defined

_

### Attachment 3. I, pg. 29

2. For a new or reconstructed GDF with monthly throughput of 100,000 gallons of gasoline or more, or a new storage tank(s) at an existing GDF with monthly throughput of 100,000 gallons of gasoline or more in OAR 340-244-0030, on each affected gasoline storage tank and comply with the design criteria in item 1 of this Table.

### Attachment 3.2, pg. 1



### DEPARTMENT OF ENVIRONMENTAL QUALITY

DIVISION 200

GENERAL AIR POLLUTION PROCEDURES AND DEFINITIONS

340-200-0040 State of Oregon Clean Air Act Implementation Plan (1) This implementation plan, consisting of Volumes 2 and 3 of the State of Oregon Air Quality Control Program, contains control strategies, rules and standards prepared by the Department of Environmental Quality and is adopted as the state implementation plan (SIP) of the State of Oregon pursuant to the federal Clean Air Act, 42 U.S.C.A 7401 to 7671q. (2) Except as provided in section (3), revisions to the SIP will be made pursuant to the Commission's rulemaking procedures in division 11 of this chapter and any other requirements contained in the SIP and will be submitted to the United States Environmental Protection Agency for approval. The State Implementation Plan was last modified by the Commission on June 1-9December 11, 2009. (3) Notwithstanding any other requirement contained in the SIP, the Department may: (a) Submit to the Environmental Protection Agency any permit condition implementing a rule that is part of the federally-approved SIP as a source-specific SIP revision after the Department has complied with the public hearings provisions of 40 CFR 51.102 (July 1, 2002); and (b) Approve the standards submitted by a regional authority if the regional authority adopts verbatim any standard that the Commission has adopted, and submit the standards to EPA for approval as a SIP revision. NOTE: Revisions to the State of Oregon Clean Air Act Implementation Plan become federally enforceable upon approval by the United States Environmental Protection Agency. If any provision of the federally approved Implementation Plan conflicts with any provision adopted by the Commission, the Department shall enforce the more stringent provision. Stat. Auth.: ORS 468.020 Stats. Implemented: ORS 468A.035 Hist.: DEQ 35, f. 2-3-72, of 2-15-72; DEQ 54, f. 6-21-73, of 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 & of 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. & of 5-9-- 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. & e£ 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. of 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. of 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. of 5-11-93; DEQ 12- 1993, f. & cert. of 9-24-93; DEQ 15-1993, f. & cert. ef. 11-4-93; DEQ 16-1993, f. & cert. of 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-

### Attachment 3.2, pg. 2

3-94; DEQ 5-1994, f. & cert. of 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. of 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. of 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. of 10-22-96; DEQ 23-1996, f. & cert. of 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. 5-2.1-99; DEQ 10-1999, f. & cert. of 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. of 6-1-01; DEQ 6-2000, f & cert. of 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. of 10-25-00; DEQ 17-2000, f. & cert. of 10-25-00; DEQ 20-2000 f. & cert. ef. 12-15-00; DEQ 21-2000, f. & cert. ef. 12-15-00; DEQ 2-2.001, f. & cert. ef. 2-5-01; DEQ 4-2001, f. & cert. ef. 3-27-01; DEQ 6-2001, f. 6-18-01, cert. of 7-1-01; DEQ 15-2001, f. & cert. of 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. 12-12-03; DEQ 1-2004, f. & cert. ef. 4-14-04; DEQ 10-2004, f & cert. ef. 12-15-04; DEQ 1-2005, f. & cert. of 1-4-05; DEQ 2- 2005, f. & cert. ef. 2-10-05; DEQ 4-2005, f 5-13-05, cert. ef. 6-1-05; DEQ 7-2005, f & cert. of 7-12- 05; DEQ 9-2005, f. & cert. of 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; DEQ 4-2007, f. & cert. of 6-28-07; DEQ 8-2007, f. & cert. ef. 11-8-07; DEQ 5-2008, f. & cert. ef. 3-20-08; DEQ 11-2008, f. & cert. ef. 8-29-08; DEQ 12- 2008, f. & cert. ef. 9-17-08; DEQ 14-2008, f. & cert. ef. 11-10-08; DEQ 15-2008, f. & cert. ef 12-31-08; DEQ 3-2009, f. & cert. ef. 6-30-09

### Attachment 3.2, pg. 3

DIVISION 209

PUBLIC PARTICIPATION

340-209-0030 Public Notice Categories and Timing (1) The Department categorizes permit actions according to potential environmental and public health significance and the degree to which the Department has discretion for implementing the applicable regulations. Category I is for permit actions with low environmental and public health significance so they have less public notice and opportunity for public participation. Category IV is for permit actions with potentially high environmental and public health significance so they have the greatest level of public notice and opportunity for participation. (2) Permit actions are assigned to specific categories in OAR 340, divisions 216 and 218. If a permit action is uncategorized, the permit action will be processed under Category III. (3) The following describes the public notice or participation requirements for each category: (a) Category I -- No prior public notice or opportunity for participation. However, the Department will maintain a list of all permit actions processed under Category I and make the list available for public review. (b) Category II The Department will provide public notice of the proposed permit action and a minimum of 30 days to submit written comments. (c) Category III -- The Department will provide notice of the proposed permit action and a minimum of 35 days to submit written comments. The Department will provided a minimum of 30 days notice for a hearing, if one is scheduled. The Department will schedule a hearing to allow interested persons to submit oral or written comments if: (A) The Department determines that a hearing is necessary; or (B) Within 35 days of the mailing of the public notice, the Department receives written requests from ten persons, or from an organization representing at least ten persons, for a hearing. (d) Category IV -- Once an application is considered complete under OAR 340-216-0040, the Department will: (A) Provide notice of the completed application and requested permit action; (B) Schedule an informational meeting within the community where the facility will be or is located and provide public notice of the meeting; (C) Once a draft permit is completed, provide public notice of the proposed permit and a minimum of 40 days to submit written comments; and (D) Schedule a public hearing to allow interested persons to submit oral or written comments and provide a minimum of 30 days public notice for the hearing. (4) Except for title V permit actions, the Department may move a permit action to a higher category under section (3) of this rule based on, but not limited to the following factors: (a) Anticipated public interest in the facility; (b) Compliance and enforcement history of the facility or owner; or (c) Potential for significant environmental or public harm due to location or type of facility. Stat. Auth.: ORS 468.020 Stats. Implemented: ORS 468 & ORS 468A Hist.: DEQ 6-2001, f. 6-18-01, cert. of 7-1-01

### Attachment 3.2, pg. 4

DIVISION 210

STATIONARY SOURCE NOTIFICATION

REQUIREMENTS'
Registration

340-210-0100 Registration in General (1) Any air contaminant source not subject to Air Contaminant Discharge Permits, OAR 340 division 216, or Oregon Title V Operating Permits, OAR 340 division 218, must register with the Department upon request pursuant to 340-210-0110 through 340-210-0120. (2) The following air contaminant sources that are certified through a Department approved environmental certification ro ! ram and subject to an Area Source NESHAP ma re_ister with the Department pursuant to 340-210-0110 through 340-210-0120 in lieu of obtaining a permit in accordance with OAR 340-216-0020, unless the Department determines that the source has not complied with the requirements of the environmental certification program. (a) Motor vehicle surface coating operations. CI)) Dry cleaners using perchloroethylene. (3) Approved environmental certification program. To be approved, the environmental certification program must, at a minimum, require certified air contaminant sources to comply with all applicable state and federal rules and regulations and require additional measures to increase environmental protection. (4) Fees. In order to obtain and maintain registration, owners and operators of air contaminant sources registered pursuant to section (2) of this rule must pay the following annual fees by March 1 of each year: fa) Motor vehicle surface coating operations -- $240.00. (b) Dry cleaners using perchloroethylene -- $180.00. (c) Late fees. (A) 30 days late: 5% of annual fee. ,(B) 31 -60 days late: 10% of annual fee. C) 61 or more days late: 20% of annual fee. d -Failure-to a -fees.--Re istr-ation-is-automatiaall- -ter-minated-u . on-failure-to-.a- -annual-fees-within---- 90 days of invoice by the Department, unless prior arrangements for payment have been approved in writing by the Department. (5) Recordkeeping. In order to maintain registration, owners and operators of air contaminant sources registered pursuant to section (2) of this rule must maintain records required by the approved environmental performance program under section (3) of this rule. The records must be kept on site and in a form suitable and readily available for expeditious inspection and review. (6) Revocation. The Department may revoke a registration if a source fails to meet any requirement in OAR 340-210-0110. {NOTE: This rule is included in the State of Oregon Clean Air Act Implementation Plan as adopted by the EQC under OAR 340-200-0040.] Stat. Auth.: ORS 468.020, ORS 468A.050. and ORS 468A.310 Stats. Implemented: ORS 468 & ORS 468A Hist.: DEQ 15, f. 6-12-70, e£ 9-1-70; DEQ 4-1993, £ & cert. ef. 3-10-93; DEQ 12-1993, f. & cert. ef. 9-

### Attachment 3.2, pg. 5

24-93; Renumbered from 340-020-0005; DEQ 14-1999, f. & cert. of 10-14-99, Renumbered from 340- 028-0500; DEQ 6-2001, f. 6-18-01, cert. ef. 7-1-01

340-210-0110 Registration Requirements (1) Registration must be completed within 30 days following the mailing date of the request by the Department. (2) Registration must be made on forms furnished by the Department and completed by the owner, lessee of the source, or agent. (3) In order to obtain registration pursuant to OAR 340-210-0100(1), Tthe following information must be reported by registrants: (a) Name, address, and nature of business; (b) Name of local person responsible for compliance with these rules; (c) Name of person authorized to receive requests for data and information; (d) A description of the production processes and a related flow chart; (e) A plot plan showing the location and height of all air contaminant sources. The plot plan must also indicate the nearest residential or commercial property; (f) Type and quantity of fuels used; (g) Amount, nature, and duration of air contaminant emissions; (h) Estimated efficiency of air pollution control equipment under present or anticipated operating conditions; (i) Any other information requested by the Department. 

# 0) In order to obtain registration pursuant to OAR 340-210-0100(2), a source must submit the information in section (3)(a), (b), (c), and (i) of this rule and the following:

. a Information demonstratin that the air contaminant source is o seratin_ in coin.liance with all applicable state and federal rules and regulations, as requested by the Department. .(b) Information demonstrating that the source is certified through an approved environmental certification program. (c) A signed statement that the submitted information is true, accurate, and complete. This signed statement shall state that, based on information and belief formed after reasonable inquiry, the statements and information in the document are true, accurate, and com lU 

### ete. [NOTE: This rule is included in the State of Oregon Clean Air Act Implementation Plan as adopted by the EQC under OAR 340-200-0040.] Stat. Auth.: ORS 468.020, ORS 468A.050 and & ORS 468A.310 Stats. Implemented: ORS 468 & ORS 468A Hist.: DEQ 15, f. 6-12-70, ef. 9-1-70; DEQ 4-1993, f. & cert. ef. 3-10-93; DEQ 12-1993, f. & cert. ef. 9- 24-93; Renumbered from 340-020-0010; DEQ 14-1999, f. & cert. ef. 10-14-99, Renumbered from 340- 028-0510; DEQ 6-2001, f 6-18-01, cert. ef. 7-1-01

340-210-0120 Re-Registration (1) In order to re-register or maintain registration, ! • . .:: •

. .. . t en; a person responsible for an air contaminant source must reaffirm in writing, by March 1 of each year, the correctness and current status of the information furnished to the Department. (2) Any change in any of the factual data reported under OAR 340-210-0110(3) or (4) must be reported to the Department, at which time re-registration may be required on forms furnished by the Department.

### Attachment 3.2, pg. 6

(3) In order to re-register, a person must not have had their registration terminated or revoked within the last 3 years, unless the air contaminant source has changed ownership since termination or revocation. [NOTE: This rule is included in the State of Oregon Clean Air Act Implementation Plan as adopted by the EQC under OAR 340-200-0040.] Stat. Auth.: ORS 468.020, ORS 468A.050 and & ORS 468A.310 Stats. Implemented: ORS 468 & ORS 468A Renumbered from 340-028-0520; DEQ 6-2001, f. 6-18-01, cert. ef. 7-1-01

### Attachment 3.2, pg. 7

DIVISION 216

AIR CONTAMINANT DISCHARGE PERMITS

340-216-0020 Applicability This division applies to all sources referred to in Table 1. This division also applies to Oregon Title V Operating Permit program sources when an ACDP is required by OAR 340-218-0020 or 340-224-0010. Sources referred to in Table 1 are subject to fees as set forth in Table 2. (1) No person may construct, install, establish, develop or operate any air contaminant source which is referred to in Table 1 without first obtaining an Air Contaminant Discharge Permit (ACDP) from the Department or Regional Authority, unless otherwise deferred from the requirement to obtain an ACDP in subsection (1)(c) or (d) of this rule. No person may continue to operate an air contaminant source if the ACDP expires, or is terminated or revoked; except as provided in OAR 340-216-0082. (a) For portable sources, a single permit may be issued for operating at any area of the state if the permit includes the requirements from both the Department and Regional Authorities. (b) The Department or Regional Authority where the portable source's Corporate offices are located will be responsible for issuing the permit. If the corporate office of a portable source is located outside of the state, the Department will be responsible for issuing the permit. (c) An air contaminant source required to obtain an ACDP or ACDP Attachment pursuant to a NESHAP or NSPS adopted by the Commission by rule is not required to submit an application for an ACDP or. ACDP Attachment until four months after the effective date of the Commission's adoption of the NESHAP or NSPS, and is not required to obtain an ACDP or ACDP Attachment until six months after the Commission's adoption of the NESI-IAP or NSPS. In addition, the Department may defer the requirement to submit an application for, or to obtain an ACDP or ACDP Attachment, or both, for up to an additional six months. d Gasoline dis ensin facilities are not re uired to submit an application for an ACDP or ACDP Attachment until May 1, 2010 or obtain an ACDP or ACDP attachment until June 1, 2010. The Department may defer the requirement to submit an application for, or to obtain an ACDP or ACDP Attachment, or both, for up to an additional six months. (e) Deferrals of Oregon permitting requirements do not relieve an air contaminant source from the responsibility of complying with federal NESHAP or NSPS requirements. (2) No person may construct, install, establish, or develop any source that will be subject to the Oregon Title V Operating Permit program without first obtaining an ACDP from the Department or Regional Authority. (3) No person may modify any source that has been issued an ACDP without first complying with the requirements of OAR 340-210-0205 through 340-210-0250. (4) No person may modify any source required to have an ACDP such that the source becomes subject to the Oregon Title V Operating Permit program without complying with the requirements of OAR 340- 210-0205 through 340-210-0250. (5) No person may increase emissions above the PSEL by more than the de minimis levels specified in OAR 340-200-0020 without first applying for and obtaining a modified ACDP. NOTE: This rule is included in the State of Oregon Clean Air Act Implementation Plan as adopted by the EQC under OAR 340-211-0040. [ED. NOTE: Tables referenced are available from the agency.]

### Attachment 3.2, pg. 8

Stat. Auth.: ORS 468.020 Stats. Implemented: ORS 468A Hist.: DEQ 47, f. 8-31-72, ef. 9-15-72; DEQ 63, f. 12-20-73, ef. 1-11-74; DEQ 107, f. & ef. 1-6-76; Renumbered from 340-020-0033; DEQ 125, f. & ef. 12-16-76; DEQ 20-1979, f. & ef. 6-29-79; DEQ 23- 1980, f & ef. 9-26-80; DEQ 13-1981, f. 5

. 6

. 81, of 7-1-81; DEQ 11-1983, f. & e1: 5-31-83; DEQ 3.- 1986, f. & ef. 2-12-86; DEQ 12-1987, f & ef. 6-15-87; DEQ 27-1991, f. & cert. ef. 11-29-91; DEQ 4- 1993, f. & cert. ef. 3-10-93; DEQ 12-1993, f. & cert. cf. 9-24-93, Renumbered from 340-020-0155; DEQ 19-1993, f. & cert. ef. 11-4-93; DEQ 22-1994, f. & cert. ef. 10-4-94; DEQ 22-1995, f. & cert. ef. 10-6-95; DEQ 19-1996, f. & cert. ef. 9-24-96; DEQ 22-1996, f. & cert. of 10-22-96; DEQ 14-1999, f. & cert. ef. 10-14-99, Renumbered from 340-028-1720; DEQ 6-2001, f. 6-18-01, cert. ef. 7-1-01; DEQ 4- 2002, f. & cert. ef. 3-14-02; DEQ 7-2007, f. & cert. ef. 10-18-07; DEQ 8-2007, f. & cert. ef. 11-8-07; DEQ 15-2008, f. & cert. ef 12-31-08

340-216-0060 General Air Contaminant Discharge Permits (1) Applicability. (a) The CommissionDepartment may issue a General ACDP under the following circumstances: (A) There are several sources that involve the same or substantially similar types of operations; (B) All requirements applicable to the source covered operations can be contained in a General ACDP; (C) The emission limitations, monitoring, recordkeeping, reporting and other enforceable conditions are the same for all sourcesoperations covered by the General ACDP; and (D) The pollutants emitted are of the same type for all covered operationsser re s. (b) Permit content. Each General ACDP must include the following: (A) All relevant requirements for the operations covered by the General ACDP; (B) Generic PSELs for all pollutants emitted at more than the deminimis level in accordance with OAR 340, division 222; (C) Testing, monitoring, recordkeeping, and reporting requirements necessary to ensure compliance with the PSEL and other applicable emissions limits and standards; and (D) A permit expiration dateduration not to exceed 10 years from the date of issuance. (c) Permit issuance procedures: A new General ACDP requires public notice and opportunity for comment in accordance with OAR 340 division 209 for Category III permit actionsORS 183.325 to 183A 10. A reissued General ACDP or a modification to a General ACDP requires public notice and

- opportunity for-comment-in-accord - ance-with-OAR 340 division II-permit-actions.- All-- General ACDPs are on file and available for review at the Department's headquarters. (2) Source assignment: (a) Application requirements. Any person requesting that a source be assigned to a General ACDP must submit a written application in accordance with OAR 340-216-0040 that includes the information in OAR 340-216-0040(1), specifies the General ACDP source category, and shows that the source qualifies for the General ACDP. (b) Fees. Applicants must pay the fees set forth in Table 2 of OAR 340-216-0020. The fee class for each General ACDP is as follows:, (A) Hard chrome platers - Fee Class Three;
f 

### B) Decorative chrome platers --- Fee Class Two:, (C) Halogenated solvent degreasers -- batch cold --- Fee Class Two; (D) Halogenated solvent degreasers -- batch vapor and in-line -- Fee Class Two; CE) Halogenated solvent degreasers -- batch cold, batch vapor, and in-line -- Fee Class Two;

### Attachment 3.2, pg. 9

(F) Perchloroethylene dry cleaners - Fee Class Six; (G) Asphalt plants - Fee Class Three; (H) Rock crushers - Fee Class Two; fl) Ready-mix concrete - Fee Class One; (1) Sawmills, planing mills, millwork, plywood manufacturing and veneer ding --- Fee Class Three• 

## a() Boilers - Fee Class Two; (L) Crematories - Fee Class Two

. , (M) Grain elevators --- Fee Class One; Pre ared feeds, flour., and cereal - Fee Class One; (0) Seed cleaning - Fee Class One; (Pj Coffee roasters - Fee Class One; 'Q) Bulk gasoline plants - Fee Class One; fR) Electric power generators - Fee Class Two; fS) Clay ceramics - Fee Class One; (T) Hospital sterilizers - Fee Class Four; f'(1) Secondary nonferrous metals - Fee Class One; (V) Gasoline dispensing facilities -- stage I -- Fee Class Five; LW) 

### Gasoline dispensing facilities -- stage II - Fee Class Four; .(X) Wood preserving - Fee Class Four; fYj 

### Metal fabrication and finishing - Fee Class Two; (Z) Plating and polishing - Fee Class One; CAA) 

### Miscellaneous surface coating operations - Fee Class One; (BB) Paint stripping - Fee Class One; (CC) Motor vehicle and mobile equipment surface coating operations - Fee Class One; 'DD) Aluminum, copper, and nonferrous foundries - Fee Class Two; (EE) Any General ACDP not listed above - Fee Class One. l (c) Source assignment procedures: (A) Assignment of a source to a General ACDP is a Category I permit action and is subject to the Category I public notice requirements in accordance with OAR 340, division 209. (B) A person is not a permittee under the General ACDP until the Department assigns the General ACDP to the person. (C) Assignments to General ACDPs and attachment(s) terminate when the General ACDP or attachment expires or is modified, terminated or revoked. (]) Once a source has been assigned to a General ACDP, if the assigned General ACDP does not cover all requirements applicable to the source, the other applicable requirements must be covered by assignment to one or more General ACDP Attachments in accordance with OAR 340-216-0062, otherwise the source must obtain a Simple or Standard ACDP. (E) A source requesting to be assigned to a General ACDP Attachment, in accordance with OAR 340- 216-0062, for a source category in a higher annual fee class than the General ACDP the source is 

### currently assigned to, must be reassigned to the General ACDP for the source category in the higher annual fee class. (3) DepartmentCommission Initiated Modification. If the DepartmentGemmissien determines that the conditions have changed such that a General ACDP for a category needs to be modified, the DepartmentCornmission may issue a new General ACDP for that category and the-Depcnt may assign all existing General ACDP permit holders to the new General ACDP.

### Attachment 3.2, pg. 10

(4) Rescission. In addition to OAR 340-216-0082 (Termination or Revocation of an ACDP), the Department may rescind an individual source's assignment to a General ACDP if the source no longer meets the requirements of this rule or the conditions of the permit, including, but not limited to thea source having an ongoing, reoccurring or serious compliance problem. Upon rescinding a source's assignment to a General ACDP the Department will place the source on a Simple or Standard ACDP. The Department may also revoke a General ACDP or attachment or both if conditions, standards or rules have changed so the permit or attachment no longer meets the requirements of this rule.

A 9' n , w • w

_ A fe nee 

### d inee herein: a orated

B 

### al AQGP 002, D

- ... .: 2006); (13)

. ; ; , ... , 

### AQGP 003Halo de batch cold (August 10 2001); (c)
, g enated solvent g reasers , d A GP 001 H l t d l t d

- - m a . ( ) 

### Q
, a ogena e so ven egreases •.. 

### AGP 005 H l t d l t d b !' - (e) Q , a ogena e so ven egreasers a

. . 2008);

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.. .. c o er , ; h) A GP 008 R k h (Oct ber 17 2007) ( Q
, oc crus e rs o , ; AQGP 009, Ready e .; . 

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7 ! 

### AQGP 010Sawmills drying (October (j)
, , planing mills , millwork , plywood manufacturing and veneer 172007)
, ; AQGP 011Boilers 17 2007); (k)
, (3etal^er
, 1 AQGP 012 C t i t ber 17 2007) ( )
, rema or es (O c o
, ; AQGP 013 Gin (A 10 2001) } (m)
, ra elevators ug ust , ; AQGP 011 Pre feedsflour 1 

### n 2 

### 00

- W ; 

### (n)
, p ared
, , and cereal (A-.grit , AQGP 015 Seed 10 2001); (o) , el a p ing (August
, AQGP 016 C ff 10 2001) } (p )
, o ee roa sters (Au g ust , ;

A 

### n ' I • e

-- i-

_ -. lip 

### ^•

. AQGP 018 El t i (Au 10 2001) (r )
, ec r c powe rge nerators g ust , ;

. n .: 4 

### AQGP 020Hospital (December 12008); (t)
, sterilizers

AQGP 024 Wood (December 12

. 2008): (z)
, preserving , 0020 T bl 2 ; Th f d G l ACDP if th t th F e • ! 

### .1

, a e

. e re erence enera s spec y a ey are 216 0020 T bl2 3 Th 

### f d G 

## e l ACDPs that the Fee Class Three-under-OAR

, 

### a e

. e re erence en ra s p ecif y are y 340 216 0020, Table 2. NOTE: e A A'. e e e This is included in the State of Oregon Clean Air Act :

. , rule Implementation Plan as adopted by the EQC under OAR 340-200-0040. [ED. NOTE: Tables referenced in this rule are available from the agency.] Stat, Auth.: ORS 468 & 468A Stats. Implemented: ORS 468.020 & 468A.025 Hist.: DEQ 14-1998, f. & cert. ef. 9-14-98; DEQ 14-1999, f. & cert. e£ 10-14-99, Renumbered from 340-028-1725; DEQ 6-2001, f. 6-18-01, cert. ef. 7-1-01; DEQ 10-2001, f. & cert ef. 8-30-01; DEQ 4-

### Attachment 3.2, pg. 11

2002, f. & cert. ef. 3-14-02; DEQ 2-2006, F. & cert. ef. 3-14-06; DEQ 8-2007, f. & cert. ef. 11-8-07; DEQ 15-2008, f. & cert. ef 12-31-08

340-216-0062 General ACDP Attachments (1) Pur. ose. This rule allows a source to be assigned to one General ACDP and one or more General ACDP Attachments, as long as the General ACDP and General ACDP Attachment(s) contain all requirements applicable to the source. This would allow a source to avoid having to obtain a more costly Simple or Standard ACDP if there are no General ACDPs that contain all requirements applicable to the

source. Applicability. f2) .(a) The Department may issue a General ACDP Attachment under the following circumstances: 

# a) There are several sources that involve the same or substantially similar types of operations; (B) All requirements applicable to the covered operations can be contained in a General ACDP Attachment; (C) The emission limitations, monitoring, recordkeeping, reporting and other enforceable conditions are the same for all operations covered by the General ACDP Attachment; (D) The pollutants emitted are of the same type for all covered operations. If a General ACDP and a General ACDP Attachment(s) cannot address all activities at a source, the owner or operator of the source must apply for Simple or Standard ACDP in accordance with this Division.(b) Attachment content. Each General ACDP Attachment must include the followingA All relevant re. uirements for the o erations covered b the General ACDP Attachment (B) Testing, monitoring, recordkeeping, and reporting requirements necessary to ensure compliance with the applicable emissions limits and standards; and IC) An attachment expiration date not to exceed 10 years from the date of issuance. (c) Attachment issuance procedures: A General ACDP Attachment requires public notice and opportunity for comment in accordance with OAR 340 division 209 for Category II permit actions. All General ACDP Attachments will be on file and available for review at the Department's headquarters. (3) Source assignment: a A lication re uirements. An erson re uestin to be assigned to a General ACDP Attachment must submit a written application for each requested General ACDP Attachment that specifies the requested General ACDP Attachment and shows that the source qualifies for the requested General ACDP Attachment. (b) Fees. Permittees must pay an annual fee of $120 for each assigned General ACDP Attachment. (c) Assignment procedures: (A) Assignment to a General ACDP Attachment is a Category I permit action and is subject to the Category I public notice requirements in accordance with OAR 340, division 209. B) A person is not a permittee under the General ACDP Attachment until the Department assigns the General ACDP Attachment to the person.. (C) Assignments to a General ACDP Attachments terminate when the General ACDP Attachment expires or is modified, terminated or revoked. 1A source may not be assigned to a General ACDP Attachment for a source category in a higher annual fee class than the General ACDP the source is currentl assi Tned to. Instead a source must be reassigned to theGeneral ACDP for the source category in the higher annual fee class in accordance with OAR 340-216-0060(2)(c)(b) and may be assigned to one or more General ACDP Attachments associated with source categories in an equal or lower annual fee class.

### Attachment 3.2, pg. 12

(d) If all activities at a source cannot be addressed by a General ACDP and General ACDP Attachments., the owner or operator of the source must apply for a Simple or Standards ACDP in accordance with this Division. NOTE: This rule is included in the State of Oregon Clean Air Act Implementation Plan as ado te p d by the EQC under OAR 340-200-0040. Slat. Auth.: ORS 468 & 468A Scats. Implemented: ORS 468.020 & 468A.025

340-216-0064 Simple ACDP (1) Applicability. (a) Sources and activities listed in Table 1, Part 13 of OAR 340-216-0020 that do not qualify for a General ACDP and are not required to obtain a Standard ACDP must, at a minimum, obtain a Simple ACDP. (b) Any source required to obtain a Simple ACDP may obtain a Standard ACDP. (c) The Department may determine that a source is ineligible for a Simple AC.DP and must obtain a Standard ACDP based upon, but not limited to, the following considerations: (A) The nature, extent, and toxicity of the source's emissions; (B) The complexity of the source and the rules applicable to that source; (C) The complexity of the emission controls and potential threat to human health and the environment if the emission controls fail; (D) The location of the source; and (E) The compliance history of the source. (2) Application Requirements. Any person requesting a new, modified, or renewed Simple ACDP must submit an application in accordance with OAR 340-216-0040. (3) Fees. Applicants for a new, modified, or renewed Simple ACDP must pay the fees set forth in Table 2 of 340-216-0020. Annual fees for Simple ACDPs will be assessed based on the following: (a) Low Fee -- A Source may qualify for the Low Fee if: (A) the source is, or will be, permitted under only one of the following categories from OAR 340-216- 0020 Table 1, Part B (category 25. Electric Power Generation, may be included with any category listed below): (i) Category 76. Asphalt felt and coatings; - (ii)-Category-1-32.- BoHers-and-other-fuel-burning equipment; (iii) Category 330. Galvanizing & Pipe coating; (iv) Category 3936. Gray iron and steel foundries, malleable iron foundries, steel investment foundries; steel foundries 100 or more tons/yr. metal charged (not elsewhere identified); (v) Category 4037. Gypsum products; (vi) Category 454-. Liquid Storage Tanks subject to OAR Division 232; (vii) Category 560. Non-Ferrous Metal Foundries 100 or more tons/yr. of metal charged; (viii) Category 574-. Organic or Inorganic Industrial Chemical Manufacturing; (ix) Category 61. Perchloroethylene Dry Cleaning; (ix) Category 7263. Secondary Smelting and/or Refining of Ferrous and Non-Ferrous Metals; or (xi) Category 8/175. All Other Sources not listed in Table 1 which would have actual emissions, if the source were to operate uncontrolled, of 5 or more tons a year of PM I0 if located in a PMIo nonattainment or maintenance area, or 10 or more tons of any single criteria pollutant in any part of the state; and

### Attachment 3.2, pg. 13

(B) The actual emissions from the 12 months immediately preceding the invoice date, and future projected emissions are less than 5 tons/yr. PM I0 in a PMI0 nonattainment or maintenance area, and less than 10 tons/yr. for each criteria pollutant; and (C) The source is not considered an air quality problem or nuisance source by the Department. (b) High Fee -- Any source required to have a Simple ACDP (OAR 340-216-0020 Table 1 Part B) that does not qualify for the Low Fee will be assessed the High Fee. (c) If the Department determines that a source was invoiced for the Low Annual Fee but does not meet the Low Fee criteria outlined above, the source will be required to pay the difference between the Low and High Fees, plus applicable late fees in accordance with OAR 340-216-0020 Table 2. Late fees start upon issuance of the initial invoice. In this case, the Department will issue a new invoice specifying applicable fees. (4) Permit Content. (a) All relevant applicable requirements for source operation, including general ACDP conditions for incorporating generally applicable requirements; (b) Generic PSELs for all pollutants emitted at more than the deminimis level in accordance with OAR 340 division 222; (c) Testing, monitoring, recordkeeping, and reporting requirements sufficient to determine compliance with the PSEL and other emission limits and standards, as necessary; and (d) A permit duration not to exceed 5 years (5) Permit issuance procedures: (a) Issuance of a new or renewed Simple ACDP requires public notice in accordance with OAR 340 division 209 for Category II permit actions. (b) Issuance of a modification to a Simple ACDP requires one of the following procedures, as applicable: (A) Non-technical and non-NSRIPSD Basic and Simple technical modifications require public notice in accordance with OAR 340, division 209 for Category I permit actions; or (B) Issuance of non-NSRIPSD Moderate and Complex technical modifications require public notice in accordance with OAR 340 division 209 for Category II permit actions. [ED. NOTE: Tables referenced in this rule are available from the agency.] Stat. Auth.: ORS 468.020 Stats. Implemented: ORS 468A Hist.: DEQ 6-2001, f. 6-18-01, cert. of 7-1-01; DEQ 4-2002, f. & cert. ef. 3-14-02Attachment 3.2, pg. 14



### DIVISION 216

-

OAR 340-216-0020

AIR CONTAMINANT DISCHARGE PERMITS

Table 1

Part A. Activities and Sources The following commercial and industrial sources must obtain a Basic ACDP under the procedures set forth in 340-216-0056 unless the source 

### is required to obtain a different form of ACDP by Part B or C hereof: (Production and emission parameters are based on the latest consecutive 12 month period, or future projected operation, whichever is higher. Emission cutoffs are based 

### on actual emissions.) 8. **  Autobody Repair or Painting Shops painting more than 25 automobiles in a year. 9. Concrete Manufacturing including Redimix and CTB more than 5,000 but less than 25,000 cubic yards per year output. 10. Crematory and Pathological Waste Incinerators with less than 20 tons/yr. material input. 11. Natural gas and propane fired boilers (with or without #2 diesel oil back-up**** (a)) of 10 or more MMBTU but less than 30 MMBTU/hr heat input constructed after June 9, 1989. 12. Prepared feeds for animals and fowl and, associated grain elevators more than 1,000 tons/yr. but less than 10,000 tons per year throughput. 13. Rock, Concrete or Asphalt Crushing both portable and stationary more than 5,000 tons/yr. but less than 25,000 tons/yr. crushed. 14. Surface coating operations whose actual or expected usage of coating materials is greater than 250 gallons per month, excluding sources that exclusively use non-VOC and non-HAP containing coatings (e.g. powder coating operations).

Part B Activities and Sources The following commercial and industrial sources must obtain either: a General ACDP, if one is available for the source classification and the source qualifies for a General ACDP under the procedures set forth in 340-216-0060;


### • a

.. Simple_ACDPunder theprocedures set forth 

### in 340 7 ?16_-00§1-;_ 

### or_ 3• a Standard ACDP under the procedures set forth in 340-216-0066 if the source fits one of the criteria of Part C hereof. 1. Aerospace or Aerospace Parts Manufacturing 2. Aluminum, Copper, and Other Nonferrous Foundries subject to an Area Source NESHAP
73. Aluminum Production - Primary 3:4. Ammonia Manufacturing 4,-5. Animal Rendering and Animal Reduction Facilities 5;6. Asphalt Blowing Plants.

Asphalt Felts or Coating

. 778. Asphaltic Concretb Paving Plants both stationary and portable &9. Bakeries, Commercial over 10 tons of VOC emissions per year 9.10. Battery Separator Manufacturing 1-4:11. Battery Manufacturing and Re-manufacturing 14-12. Beet Sugar ManufacturingAttachment 3.2, pg. 15

42713.
, Boilers and other Fuel Burning Equipment over 10 MMBTU/hr. heat input, except exclusively Natural Gas and Propane fired units (with or without #2 diesel backup) under 30 MMBTU/hr. heat input 13:14. Building paper and Buildingboard Mills 44715. Calcium Carbide Manufacturing .1 6. *** Can or Drum Coating -6:17. Cement Manufacturing •17 7 18. * Cereal Preparations and Associated Grain Elevators 10,000 or more tons/yr. throughput 19. „ Charcoal Manufacturing 19-720. Chlorine and Alkalies Manufacturing 20:21. Chrome Plating 21722. Clay Ceramics Manufacturing subject to an Area Source NESHAP 22:23. Coffee Roasting (roasting 30 or more tons per year) -237
, 24.
, Concrete Manufacturing including Redimix and CTB 25,000 or more cubic yards per year output -24725. Crematory and Pathological Waste Incinerators 20 or more tons/yr. material input 25726. Degreasers (halogenated solvents subject to a NESHAP) 26727. Electrical Power Generation from combustion (excluding units used exclusively as emergency generators and units less than 500 kW) 2-7728. _Ethylene Oxide Sterilization 29. Ferroalloy Production Facilities subject to an Area Source NESHAP 28730. _*** Flatwood Coating regulated by Division 232 29:31. *** Flexographic or Rotogravure Printing subject to RACT 3-0 7 32. * Flour, Blended and/or Prepared and Associated Grain Elevators 10,000 or more tons/yr. throughput 3-1:
, 33. Galvanizing and Pipe Coating (except galvanizing operations that use less than 100 tons of zinc/yr.) 32:34, Gasoline Bulk Plants, Bulk Terminals, and Pipeline Facilities 33.35. Gasoline dispensing facilities, excluding gasoline dispensing facilities with exclusively aboveground tanks, provided the csoline dispensing facility has monthly throughput of less than 10,000 gallons of gasoline per month and does not sell gasoline for use in motor vehicles 34736. Glass and Glass Container Manufacturing 35737. * Grain Elevators used for intermediate storage 10,000 or more tons/yr. throughput 36,38. Grain terminal elevators 37739. Gray iron and steel foundries, malleable iron foundries, steel investment foundries, steel foundries 100 or more tons/yr. metal charged (not elsewhere identified) 38.40. Gypsum Products Manufacturing 39.41. Hardboard Manufacturing (including fiberboard) 40 7 42. *****Hospital sterilization operations subject to an Area Source NESHAP. 41:43.
, Incinerators with two or more ton per day capacity /12.44. Lime Manufacturing 43:45. *** Liquid Storage Tanks subject to OAR Division 232 44:46. Magnetic Tape Manufacturing 49747.
, Manufactured and Mobile Home Manufacturing 46:48.
, Marine Vessel Petroleum Loading and Unloading 49. Metal Fabrication and Finishing Operations subject to an Area Source NESHAP 47-750. Millwork (including kitchen cabinets and structural wood members) 25,000 or more bd. ft./maximum 8 hr. input 4&51. Molded Container 49:
, 52. Motor Coach ManufacturingAttachment 3.2, pg. 16

53. Motor Vehicle and Mobile Equipment Surface Coating Operations subject to an Area Source NESHAP, excluding motor vehicle surface coating operations painting less than 10 vehicles

. per year or using less than 20 gallons of coating per year and motor vehicle surface coating operations registered pursuant to OAR 340-210-0100(2) -54:54. Natural Gas and Oil Production and Processing and associated fuel burning equipment 51-:55. Nitric Acid Manufacturing 

## rz 56. Non-Ferrous Metal Foundries 100 or more.tons/yr. of metal charged 5-3757. Organic or Inorganic Chemical Manufacturing and Distribution with V2 or more tons per year emissions of any one criteria pollutant (sources in this category with less than Y2 ton/yr. of each criteria pollutant are not required to have an ACDP) ,58. Paint Stripping and Miscellaneous Surface Coating Operations subject to an Area Source NESHAP 54:59.__*** Paper or other Substrate Coating

. 55760. _Particleboard Manufacturing (including strandboard, flakeboard, and waferboard) 56;61.. . Perchloroethylene d-Dry eCleaning Operations subject to an Area Source NESHAP, excluding perchloroethylene dry cleaning operations registered pursuant to OAR 340-210- 0100L21

. 57-7
, 62. .Pesticide Manufacturing 5,000 or more tons/yr. annual production 58763. _ Petroleum Refining and Re-refining of Lubricating Oils and Greases including Asphalt Production by Distillation and the reprocessing of oils and/or solvents for fuels 64. Plating and Polishing Operations subject to an Area Source NESHAP 59765. Plywood Manufacturing and/or Veneer Drying 6-9766. Prepared feeds for animals and fowl and associated grain elevators 10,000 or more tons per

. year throughput 6-1767. Primary Smelting and/or Refining of Ferrous and Non-Ferrous Metals 62.68. Pulp, Paper and Paperboard Mills 63.69. Rock, Concrete or Asphalt Crushing both portable and stationary 25,000 or more tons/yr. crushed 647

. 70. Sawmills and/or Planing Mills 25,000 or more bd. ft./maximum 8 hr. finished product 6771. Secondary Nonferrous Metals Processing subject to an Area Source NESHAP 66772. Secondary Smelting and/or Refining of Ferrous and Non-Ferrous Metals 67-73. * Seed Cleaning and Associated Grain Elevators 5,000 or more tons/yr. throughput 68774. Sewage Treatment Facilities employing internal combustion for digester gasses 69775. Soil Remediation Facilities stationary or portable 7-0776. Steel Works, Rolling and Finishing Mills 71,77. _*** Surface Coating in Manufacturing subject to RACT 7-27

. 78. Surface Coating Operations with actual emissions of VOCs before add on controls of 10 or more tons/yr. 73.79. Synthetic Resin Manufacturing 74 80. Tire Manufacturing -5781. Wood Furniture and Fixtures 25,000 or more bd. ft./maximum 8 hr. input 7-6782. Wood Preserving (excluding waterborne) 77-

. 783. All Other Sources not listed herein that the Department determines an air quality concern exists or one which would emit significant malodorous emissions 8.84. All Other Sources not listed herein which would have actual emissions, if the sourcewere to operate uncontrolled, of 5 or more tons a year of PM1O if located in a PM1O nonattainment or maintenance area, or 10 or more tons of any single criteria pollutant in any part of the state



### Part C: 

### Activities and SourcesAttachment 3.2, pg. 17

The following sources must obtain a Standard ACDP under the procedures set forth in 340

. 216- 0066 8. Incinerators for PCBs and / or other hazardous wastes 9. All Sources that the Department determines have emissions that constitute a nuisance 10. All Sources electing to maintain the source's baseline emission rate, or netting basis 11. All Sources subject to a RACT, BACT, LAER, NESHAP adopted in OAR 34.0-244-0220, NSPS, State MACT, or other significant Air Quality regulation(s), except:
a. Source categories for which a General ACDP has been issued, and b. Sources with less than 10 tons/yr. actual emissions that are subject to RACT, NSPS or a NESHAP adopted in OAR 340-244-0220 which qualify for a Simple ACDP,
c. Sources-eaere_ri_^s
, regi
, stered pursuant to OAR 340-210-0100(2? d. Electrical power generation units used exclusively as emergency generators and units less than 500 kW.

e. Gasoline dispensing facilities with exclusively above ground tanks, provided the gasoline dispensing facility has monthly throughput of less than 10,000 gallons of gasoline per month and does not sell gasoline for use in motor vehicles 1f. Motor vehicle surface coating operations painting less than 10 vehicles per year or using less than 20 gallons of coating per year. 12. All Sources having the Potential to Emit more than 100 tons of any regulated air contaminant in a year 13. All Sources having the Potential to Emit more than 10 tons of a single hazardous air pollutant in a year 14. All Sources having the Potential to Emit more than 25 tons of all hazardous air pollutants combined in a year Notes: * Applies only to Special Control Areas ** Portland AQMA only *** Portland AQMA, Medford-Ashland AQMA or Salem SKATS only   Gasoline dispensing facilities are not required to obtain an ACDP prior to January 1, 2010.

gasoline for use in motor vehicle,. ** **(a) "back-up" means less than 10,000 gallons of fuel per year f 10,000 gallons of gasoline per month or more or scI4

### Attachment 3.2, pg. 18

DIVISION 216 OAR 340-216-0020

AIR CONTAMINANT DISCHARGE PERMITS

Table 2 

### Part 1. Initial Permitting Application Fees: (in addition to first annual fee)

;b. Basic ACDP

c. Assignment to Genera) AGDP A. Simple ACDP


### e. Construe ion AGDP $9,600.00 =f. Standard ACDP 

### g. Standard ACDP (PSD/NSR) $42,000.00 *DEQ may waive the assignment fee for an existing source requesting to be assigned to a General ACDP because the source is subject to a newly adopted area source NESHAP as long as the existinq source requests assignment within 90 days of notification by DEO. 

### Part 2. Annual Fees: (Due 1211: for 111 to 12131 of the following year)

a. Short Term 

### Activity AGDP b. Basic ACDP

c General 

### ACDP

*If the Department issues an invoice for Dry Cleaners or Gasoline Dispensing Facilities that combines fees from other Divisions on a single invoice the payment due may be extended by the Department until March 1st. 

### Part 3. Specific Activity Fees: a. Non-Technical Permit Modification (1) 'b. Non-PSD/NSR Basic Technical Permit Modification (2)

c. Non-PSD/NSR Simple Technical Permit Modification(3) d. Non-PSD/NSR Moderate Technical Permit Modification (4)

e. Non-PSD/NSR Complex Technical Permit Modification (5) a 

### $3,000.00 $120.00 $1,200.00 1

-- $6,000.00



### Standard ACDP (A) Fee 

### Class One (B) Fee 

### Class Two (C) Fee Class Three (D) Fee Class Four 

### (E) Fee Class Five (F) Fee Class Six (A) Low Fee (B) High Fee $360.00

r $720.00
, $1,296.00
, $1872.00 $360.00 $120.00. $240,00 $1,920.00 $3,840.00 $7,680.00

$360.00 $360.00, $1,200.00 $6,000.00 $12,000.00Attachment 3.2, pg. 19

f. PSD/NSR Modification $42,000.00 g. Modeling Review. (outside PSD/NSR) $6,000.00 h. Public Hearing at Source's Request $2,400.00 i. State MACT Determination $6,000.00 j. Compliance Order Monitoring (6) $120.00/month


### Part 4, Late Fees:

d. 8-30 days late 5% of annual fee
e. 31-60 days late 10% of annual fee f. 61 or more days late 20% of annual fee

7. Non-Technical modifications include, but are not limited to name changes, change of ownership and similar administrative changes. 8. Basic Technical Modifications include, but are not limited to corrections of emission factors in compliance methods, changing source test dates for extenuating circumstances, and similar changes. 9. Simple Technical Modifications include, but are not limited to, incorporating a PSEL compliance method from a review report into an ACDP, modifying a compliance method to use different emission factors or process parameter, changing source test dates for extenuating circumstances, changing reporting frequency, incorporating NSPS and NESHAP requirements that do not require judgment, and similar changes. 10. Moderate Technical Modifications include, but are not limited to incorporating a relatively simple new compliance method into a permit, adding a relatively simple compliance method or monitoring for an emission point or control device not previously addressed in a permit, revising monitoring and reporting requirements other than dates and frequency, adding a new applicable requirement into a permit due to a change in process or change in rules and that does not require judgment by the Department, incorporating NSPS and NESHAP requirements that do not require judgment, and similar changes. 11. Complex Technical Modifications include, but are not limited to incorporating a relatively complex new compliance method into a permit, adding a relatively complex compliance method or monitoring for an emission point or control devise not previously addressed in a permit, adding a relatively complex new applicable requirement into a permit due to a change in process or change in rules and that requires judgment by the Department, and similar changes. 12.This is a one time fee payable when a Compliance Order is established in a Permit or a Department Order containing a compliance schedule becomes a Final Order of the Department and is based on the number of months the Department will have to oversee the Order.

### Attachment 3.2, pg. 20

DIVISION 244

OREGON FEDERAL HAZARDOUS AIR POLLUTANT PROGRAM

General Provisions for Stationary Sources

340-244-0030 Definitions The definitions in OAR 340-200-0020, 340-218-0030 and this rule apply to this division. If the same term is defined in this rule and OAR 340-200-0020 or 340-218-0030, the definition in this rule applies to this division. (1) "Accidental Release" means an unanticipated emission of a regulated substance or other extremely hazardous substance into the ambient air from a stationary source. (2) "Act" and "FCAA" mean the Federal Clean Air Act, Public Law 88-206 as last amended by Public Law 101-549. (3) "Annual throughput" means the amount of gasoline transferred into a gasoline dispensing facility during 12 consecutive months. (4) "Area Source" means any stationary source which has the potential to emit hazardous air pollutants but is not a major source of hazardous air pollutants. (5) "CFR" means Code of Federal Regulations and, unless otherwise expressly identified, refers to the July 1, 20098 edition. (6) "Commission" means the Oregon Environmental Quality Commission. (7) "Construct a major source" means to fabricate, erect, or install at any greenfield site a stationary source or group of stationary sources which is located within a contiguous area and under common control and which emits or has the potential to emit 10 tons per year of any HAPs or 25 tons per year of any combination of HAP, or to fabricate, erect, or install at any developed site 

### a new process or production unit which in and of itself emits or has the potential to emit 10 tons per year of any HAP or 25 tons per year of any combination of HAP, unless the process or production unit satisfies criteria in paragraphs (a) through (f) of this definition: (a) All HAP emitted by the process or production unit that would otherwise be controlled under the requirements of 40 CFR Part 63, Subpart 13 will be controlled by emission control equipment which was previously installed at the same site as the process or production unit; -(b) The-Department has-determined-within -a-period-of 5-years prior to -the-fabrication;- erection, or installation of the process or production unit that the existing emission control equipment represented the best available control technology (BACT), lowest achievable emission rate (LAER) under 40 CFR part 51 or 52, toxics-best available control technology (T-BACT), or MACT based on State air toxic

. rules for the category of pollutants which includes those HAP to be emitted by the process or production unit; or the Department determines that the control of HAP emissions provided by the existing equipment will be equivalent to that level of control currently achieved by other well-controlled similarsources (i.e., equivalent to the level of control that would be provided by a current BACT, LAER, TBACT, or State air toxic rule MACT determination). (c) The Department determines that the percent control efficiency for emission of HAP from all sources to be controlled by the existing control equipment will be equivalent to the percent control efficiency provided by the control equipment prior to the inclusion of the new process or production unit;

### Attachment 3.2, pg. 21

(d) The Department has provided notice and an opportunity for public comment concerning its determination that criteria in paragraphs (a), (b), and (c) of this definition apply and concerning the continued adequacy of any prior LAER, BACT, T-BACT, or State air toxic rule MACT determination; (e) If any commenter has asserted that a prior LAER, BACT, T-BACT, or State air toxic rule MACT determination is no longer adequate, the Department has determined that the level of control required by that prior determination remains adequate; and (f) Any emission limitations, work practice requirements, or other terms and conditions upon which the above determinations by the Department are predicated will be construed by the Department as applicable requirements under section 504(a) and either have been incorporated into any existing Title V permit for the affected facility or will be incorporated into such permit upon issuance. (8) "Department" means the Department of Environmental Quality. (9) "Director" means the Director of the Department or Regional Agency, and authorized deputies or officers. (10) "Dual-point vapor balance system" means a type of vapor balance system in which the storage tank is equipped with an entry port for a gasoline fill pipe and a separate exit port for a vapor connection. (11) "Emission" means a release into the atmosphere of any regulated pollutant or air contaminant. (12) "Emissions Limitation" and "Emissions Standard" mean a requirement adopted by the Department or Regional Agency, or proposed or promulgated by the Administrator of the EPA, which limits the quantity, rate, or concentration of emissions of air pollutants on a continuous basis, including any requirements which limit the level of opacity, prescribe equipment, set fuel specifications, or prescribe operation or maintenance procedures for a source to assure continuous emission reduction. (13) "Emissions Unit" means any part or activity of a stationary source that emits or has the potential to emit any regulated air pollutant. (a) A part of a stationary source is any machine, equipment, raw material, product, or by-product that produces or emits air pollutants. An activity is any process, operation, action, or reaction (e.g., chemical) at a stationary source that emits air pollutants. Except as described in paragraph (d) of this definition, parts and activities may be grouped for purposes of defining an emissions unit provided the following conditions are met: (A) The group used to define the emissions unit may not include discrete parts or activities to which a distinct emissions standard applies or for which different .compliance demonstration requirements apply; and (B) The emissions from the emissions unit are quantifiable. (b) Emissions units may be defined on a pollutant by pollutant basis where applicable; (c) The term "emissions unit" is not meant to alter or affect the definition of the term "unit" for purposes of Title IV of the FCAA; (d) Parts and activities cannot be grouped for determining emissions increases from an emissions unit under OAR 340-224-0050 through 340-224-0070, or OAR 340 division 210, or for determining the applicability of a New Source Performance Standard (NSPS). (14) "EPA" means the Administrator of the United States Environmental Protection Agency or the Administrator's designee. (15) "Equipment leaks" means leaks from pumps, compressors, pressure relief devices, sampling connection systems, open ended valves or lines, valves, connectors, agitators, accumulator vessels, and instrumentation systems in hazardous air pollutant service. (16) "Existing Source" means any source, the construction of which commenced prior to proposal of an applicable standard under sections 112 or 129 of the FCAA.

### Attachment 3.2, pg. 22

(17) "Facility" means all or part of any public or private building, structure, installation, equipment, or vehicle or vessel, including but not limited to ships. {18) "Fugitive Emissions" means emissions of any air contaminant that escape to the atmosphere from any point or area that is not identifiable as a stack, vent, duct or equivalent opening. (19) "Gasoline cargo tank" means a delivery tank truck or railcar which is loading gasoline or which has loaded gasoline on the immediately previous load. (20) "Gasoline dispensing facility (GDF)" means any stationary facility which dispenses gasoline intothe fuel tank of a motor vehicle. In Clackamas, Multnomah and Washington Counties, the MedfordAshland Air Quality Maintenance Area, and the Salem-Keizer Area Transportation Study area, "gasoline dispensing facility" means any stationary facility which dispenses gasoline into the fuel tank of a motor vehicle, boat, or airplane. (21) "Hazardous Air Pollutant" (HAP) means an air pollutant listed by the EPA pursuant to section 112(b) of the FCAA or determined by the Commission to cause, or reasonably be anticipated to cause, adverse effects to human health or the environment. (22) "Major Source" means any stationary source or group of stationary sources located within a contiguous area and under common control that emits or has the potential to emit considering controls, in the aggregate, 10 tons per year or more of any hazardous air pollutant or 25 tons per year or more of any combination of hazardous air pollutants. The EPA may establish a lesser quantity, or in the case of radionuclides different criteria, for a major source on the basis of the potency of the air pollutant, persistence, potential for bioaccumulation, other characteristics of the air pollutant, or other relevant factors. (23) "Maximum Achievable Control Technology (MACT)" means an emission standard applicable to major sources of hazardous air pollutants that requires the maximum degree of reduction in emissions deemed achievable for either new or existing sources. (24) "Monthly throughput" means the total volume of gasoline that is loaded into all gasoline storage tanks during a month, as calculated on a rolling 30-day average. (25) "New Source" means a stationary source, the construction of which is commenced after proposal of a federal MACT or January 3, 1993 of this Division, whichever is earlier. (26) "Person" means the United States Government and agencies thereof, any state, individual, public or private corporation, political subdivision, governmental agency, municipality, industry, co-partnership, association, firm, trust, estate, or any other legal entity whatsoever. (27) "Potential to Emit" means the maximum capacity of a stationary source to emit any air pollutant under its-physical-and-operational=design. Any physical-or....operational limitation on the : capacity of a source to emit an air pollutant, including air pollution control equipment and restrictions on hours of operation or on the type or amount of material combusted, stored, or processed, shall be treated as part of its design if the limitation is enforceable by the EPA. This section does not alter or affect the use of this section for any other purposes under the Act, or the term "capacity factor" as used in Title IV of the Act or the regulations promulgated thereunder. Secondary emissions shall not be considered in determining the potential to emit of a source. (28) "Reconstruct a Major Source" means the replacement of components at an existing process or production unit that in and of itself emits or has the potential to emit 10 tons per year of any HAP or 25 tons per year of any combination of HAP, whenever: the fixed capital cost of the new components exceeds 50 percent of the fixed capital cost that would be required to construct a comparable process or production unit; and; it is technically and economically feasible for the reconstructed major source to meet the applicable maximum achievable control technology emission limitation for new sources established under 40 CFR Part 63 Subpart B.

### Attachment 3.2, pg. 23

(29) "Regional Agency" means Lane Regional Air Protection Agency. (30) "Regulated Air Pollutant" as used in this Division means: (a) Any pollutant listed under OAR 340-200-0400 or 340-244-0230; or (b) Any pollutant that is subject to a standard promulgated pursuant to Section 129 of the Act. (31) "Secondary Emissions" means emissions from new or existing sources which occur as a result of the construction and/or operation of a source or modification, but do not come from the source itself Secondary emissions shall be specific, well defined, and quantifiable, and impact the same general area as the source associated with the secondary emissions. Secondary emissions may include but are not limited to: (a) Emissions from ships and trains coming to or from a facility; (b) Emissions from offsite support facilities which would be constructed or would otherwise increase emissions as a result of the construction of a source or modification. (32) "Section 111" means that section of the FCAA that includes standards of performance for new stationary sources. '33) "Section 112(b)" means that subsection of the FCAA that includes the list of hazardous air pollutants to be regulated. (34) "Section 112(d)" means that subsection of the FCAA that directs the EPA to establish emission standards for sources of hazardous air pollutants. This section also defines the criteria to be used by EPA when establishing the emission standards. (35) "Section 112(e)" means that subsection of the FCAA that directs the EPA to establish and promulgate emissions standards for categories and subcategories of sources that emit hazardous air pollutants. (36) "Section 112(n)" means that subsection of the FCAA that includes requirements for the EPA to conduct studies on the hazards to public health prior to developing emissions standards for specified categories of hazardous air pollutant emission sources. (37) "Section 112(r)" means that subsection of the FCAA that includes requirements for the EPA promulgate regulations for the prevention, detection and correction of accidental releases. (38) "Section 129" means that section of the FCAA that requires EPA to promulgate regulations for solid waste combustion. (39) "Solid Waste Incineration Unit" as used in this Division shall have the same meaning as given in Section 129(g) of the FCAA. (40) "Stationary Source": (a) As used in OAR 340 division 244 means any building, structure, facility, or installation which emits or may emit any regulated air pollutant; (b) As used in OAR 340-244-0230 means any buildings, structures, equipment, installations, or substance emitting stationary activities: (A) That belong to the same industrial group; (B) That are located on one or more contiguous properties; (C) That are under the control of the same person (or persons under common control); and (D) From which an accidental release may occur. (41) "Submerged filling" means, for the purposes of this subpart, the filling of a gasoline storage tank through a submerged fill pipe whose discharge is no more than the applicable distance specified in OAR 340-244-0242(2) from the bottom of the tank. Bottom filling of gasoline storage tanks is included in this definition. (42) "Topping off' means, in the absence of equipment malfunction, continuing to fill a gasoline tank after the nozzle has clicked off.

### Attachment 3.2, pg. 24

(432) "Vapor balance system" means a combination of pipes and hoses that create a closed system between the vapor spaces of an unloading gasoline cargo tank and a receiving storage tank such that vapors displaced from the storage tank are transferred to the gasoline cargo tank being unloaded. (443-) "Vapor-tight" means equipment that allows no loss of vapors. Compliance with vapor-tight requirements can be determined by checking to ensure that the concentration at a potential leak source is not equal to or greater than 100 percent of the Lower Explosive Limit when measured with a combustible gas detector, calibrated with propane, at a distance of 1 inch from the source, [Publications: Publications referenced are available from the agency.] Slat. Auth.: ORS 468.020 & 468A.025 Stats. Implemented: ORS 468A.040 Hist.: DEQ 13-1993, f. & cert. ef. 9-24-93; DEQ 18-1993, f. & cert. ef. 11-4-93; DEQ 24-1994, f. & cert. ef. 10-28-94; DEQ 22-1995, f. & cert. ef. 10-6-95; DEQ 26-1996, f. & cert. ef. 11-26-96; DEQ 20- 1997, f. & cert. ef. 9-25-97; DEQ 18-1998, f & cert. ef. 10-5-98; DEQ 14-1999, f. & cert. ef. 1044-99, Renumbered from 340-032-0120; DEQ 2-2005, f. & cert. ef. 2-10-05; DEQ 2-2006, f. & cert. ef. 3-14- 06; DEQ 13-2006, f. & cert. ef. 12-22-06; DEQ 15-2008, f. & cert. ef 12-31-08

340-244-0238 Compliance Dates (1) For a new or reconstructed affected source, the owner or operator must comply with the standards in OAR 340-244-0240 and 0242, as applicable, no later than January 10, 2008 or upon startup, whichever is later, except as follows: (a) The owner or operator of a new or reconstructed GDF must comply with OAR 340-244-0240(1)(b) and (c) no later than July 1, 2009 or upon startup, whichever is later. (b) For tanks located at a GDF with average monthly throughput less than 100,000 gallons of gasoline and not listed in OAR 340-244-0234(4)(a)(C) or (4)(b) must comply with OAR 340-244-0242, as applicable, no later than December 13, 2009 or upon startup, whichever is later. (c) The owner or operator of a GDF subject to Table 4 of this division must comply no later than September 23, 2008 or upon startup, whichever is later.

. (2) For an existing affected source, the owner or operator must comply with, the standards in OAR 340-- 244-0240 and 0242, as applicable, by no later than January 10, 2011, except as follows: (a) For tanks with a capacity between 1,500 and 40,000 gallons and located in the Portland AQMA, Medford AQMA, or Salem SATS, the owner or operator must comply with the standards in OAR 340-

I- 

### -244-0240(32)-and-0242-no-later-than-December 13,-2008. (b) For tanks located at an affected source located in Clackamas, Multnomah, or Washington County, whose annual throughput exceeds 120,000 gallons, the owner or operator must comply with the

I 

### standards in OAR 340-244-0240(32) and 0242 no later than December 13, 2008. (c) The owner or operator of an existing GDF must comply with OAR 340-244-0240(1)(b) and (e) no later than July 1, 2009 or upon startup, whichever is later. (3) For an existing affected source that becomes subject to the control requirements in this. rule because of an increase in the average monthly throughput, as specified in OAR 340-244-0234(4), the owner or operator must comply with the standards in this rule no later than January 10, 2011 or within 2 years after the affected source becomes subject to the control requirements in this rule, whichever is later.. NOTE: This rule is included in the State of Oregon Clean Air Act Implementation Plan as adopted by the Environmental Quality Commission under OAR 340-200-0040.

### Attachment 3.2, pg. 25

Stat. Auth.: ORS 468.020 & 468A.025 Stats. Implemented: ORS 468A.025 Hist.: DEQ 15-2008, f. & cert. ef 12-31-08

340-244-0240 Work Practice and Submerged Fill Requirements (1) The owner or operator of a GDF must not allow gasoline to be handled in a manner that would result in vapor releases to the atmosphere for extended periods of time. Measures to be taken include, but are not limited to, the following: (a) Minimize gasoline spills; (b) Do not top off or overfill vehicle tanks. If a person can confirm that a vehicle tank is not full after the nozzle clicks off such as by checking the vehicle's fuel 

### tank tau e , the person may continue to dispense fuel using best judgment and caution to prevent a spill; (c) Post a sign at the GDF instructing (attend a person filling up a motor vehicle to not estop off the vehicle tanks; . (d) Clean up spills as expeditiously as practicable; (e) Cover all open gasoline containers and all gasoline storage tank fill-pipes with a gasketed seal when not in use; (f) Minimize gasoline sent to open waste collection systems that collect and transport gasoline to reclamation and recycling devices, such as oil/water separators. (g) Ensure that cargo tanks unloading at the GDF comply with subsections (1)(a) through (e) of this rule. (2) Any cargo tank unloading at a GDF equipped with a functional vapor balance system must connect to the vapor balance system whenever gasoline is being loaded. (3) The owner or operator must only load gasoline into storage tanks at the facility by utilizing submerged filling, as defined in OAR 340-244-0030, and as specified in subsection (32)(a) or (3
, 2)(b) of this rule. (a) Submerged fill pipes installed on or before November 9, 2006, must be no more than 12 inches from the bottom of the storage tank. (b) Submerged fill pipes installed after November 9, 2006, must be no more than 6 inches from the bottom of the storage tank. (4) Gasoline storage tanks with a capacity of less than 250 gallons are not required to comply with the submerged fill requirements in section (32) of this rule. (5) The owner or operator must submit the applicable notifications as required under OAR 340-244- 0246. (6) The owner or operator must have records available within 24 hours of a request by the Department to document gasoline throughput. (7) The owner or operator must comply with the requirements of this rule by the applicable dates specified in OAR 340-244-0238. NOTE: This rule is included in the State of Oregon Clean Air Act Implementation Plan as adopted by the Environmental Quality Commission under OAR 340-200-0040. Stat. Auth.: ORS 468.020 & 468A,025 Stats. Implemented: ORS 468A.025 Hist.: DEQ 15-2008, f. & cert. ef 12-31-08

340-244-0242 Vapor Balance Requirements

### Attachment 3.2, pg. 26

(1) Except as provided in section (2) of this rule, the owner or operator of gasoline storage tank listed in OAR 340-244-0234(4), must meet the requirements in either subsection (1)(a) or (1)(b) of this rule. (a) Each management practice in Table 4 of this division that applies to the GDF. (b) If, prior to January 10, 2008, the owner or operator operates a vapor balance system at the GDF that meets the requirements of either paragraph (12)(b)(A) or (12)(b)(B) of this rule, the owner or operator will be deemed in compliance with this section. (A) Achieves emissions reduction of at least 90 percent. (B) Operates using management practices at least as stringent as those in Table 4 of this division. (2) Gasoline storage tanks equipped with floating roofs or the equivalent are not required to comply with the control requirements in section (1) of this rule. (3) Cargo tanks unloading at a GDF must comply with the requirements of OAR 340-244-0240(1) and management practices in Table 5 of this division. (4) The owner or operator of a GDF subject to section (1) of this rule or having a gasoline storage tank equipped with a vapor balance system, must comply with the following requirements on and after the applicable compliance date in OAR 340-244-023 8: (a) When loading a gasoline storage tank equipped with a vapor balance system, connect and ensure the proper operation of the vapor balance system whenever gasoline is being loaded. (b) Maintain all equipment associated with the vapor balance system to be vapor tight and in good working order. (c) In order to ensure that the vapor balance equipment is maintained to be vapor tight and in good working order, have the vapor balance equipment inspected on an annual basis to discover potential or actual equipment failures. (d) Replace, repair or modify any worn or ineffective component or design element within 24 hours to ensure the vapor-tight integrity and efficiency of the vapor balance system. If repair parts must be ordered, either a written or verbal order for those parts must be initiated within 2 working days of detecting such a leak. Such repair parts must be installed within 5 working days after receipt, (5) The owner or operator of a GDF subject to section (1) of this rule must also comply with the following requirements: (a) The applicable testing requirements contained in OAR 340-244-0244. (b) The applicable notification requirements under OAR 340-244-0246. (c) The applicable recordkeeping and reporting requirements as specified in OAR 340-244-0248 and 0250. (d) The-owner-or-operator-must have-records available within-24-hours of a-request by the Department to document gasoline throughput. NOTE: This rule is included in the State of Oregon Clean Air Act Implementation Plan as adopted by the Environmental Quality Commission under OAR 340-200-0040. Stat. Auth.: ORS 468.020 & 468A.025 Stats. Implemented: ORS 468A.025 Dist.: DEQ 15-2008, f. & cert. of 12-31-08

340-244-0246 Notifications (1) Each owner or operator subject to the control requirements in OAR 340-244-0240(R) must comply with subsections (1)(a) through (c) of this rule. (a) The owner or operator must submit an Initial Notification that the owner or operator is subject to the Gasoline Dispensing Facilities NESHAP by May 9, 2008, or at the time the owner or operator becomes

### Attachment 3.2, pg. 27

F 

### subject to the control requirements in OAR 340-244-0240(32), unless the owner or operator meets the requirements in subsection (1)(c) of this rule. The Initial Notification must contain the information specified in paragraphs (1)(a)(A) through (C) of this rule. The notification must be submitted to EPA's Region 10 Office and the Department as specified in 40 CFR 63.13. (A) The name and address of the owner and the operator. (B) The address (i.e., physical location) of the GDF. (C) A statement that the notification is being submitted in response to the Gasoline Dispensing Facilities NESHAP and identifying the requirements in OAR 340-244-0240(1) through (3) that apply to the owner or operator. (b) The owner or operator must submit a Notification of Compliance Status to EPA's Region 10 Office and the Department, as specified in 40 CFR 63.13, by the compliance date specified in OAR 340-244- 0238 unless the owner or operator meets the requirements in subsection (1)(c) of this rule. The Notification of Compliance Status must be signed by a responsible official who must certify its accuracy and must indicate whether the source has complied with the requirements of OAR 340-244-0232 through 0252. If the facility is in compliance with the requirements of OAR 340-244-0232 through 0252 at the time the Initial Notification required under subsection (1)(a) of this rule is due, the Notification of Compliance Status may be submitted in lieu of the Initial Notification provided it contains the information required under subsection (1)(a) of this rule. (c) If, prior to January 10, 2008, the owner or operator is operating in compliance with an enforceable State rule or permit that requires submerged fill as specified in OAR 340-244-0240(32), the owner or operator is not required to submit an Initial Notification or a Notification of Compliance Status under subsection (1)(a) or (b) of this rule. (2) Each owner or operator subject to the control requirements in OAR 340-244-0242 must comply with subsections (2)(a) through (e) of this rule. (a) The owner or operator must submit an Initial Notification that the owner or operator is subject to the Gasoline Dispensing Facilities NESHAP by May 9, 2008, or at the time the owner or operator becomes subject to the control requirements in OAR 340-244-0242. The Initial Notification must contain the information specified in paragraphs (2)(a)(A) through (C) of this rule. The notification must be submitted to EPA's Region 10 Office and the Department as specified in 40 CFR 63.13. (A) The name and address of the owner and the operator. (B) The address (i.e., physical location) of the GDF. (C) A statement that the notification is being submitted in response to the Gasoline Dispensing Facilities NESHAP and identifying the requirements in OAR 340-244-0242 that apply to the owner or operator. (b) The owner or operator must submit a Notification of Compliance Status to EPA's Regional 10 Office and the Department, as specified in 40 CFR 63.13, by the compliance date specified in OAR 340-244- 0238. The Notification of Compliance Status must be signed by a responsible official who must certify its accuracy and must indicate whether the source has complied with the requirements of OAR 340-244- 0232 through 0252. If the facility is in compliance with the requirements OAR 340-244-0232 through 0252 at the time the Initial Notification required under subsection (2)(a) of this rule is due, the Notification of Compliance Status maybe submitted in lieu of the Initial Notification provided it contains the information required under subsection (2)(a) of this rule. (c) If, prior to January 10, 2008, the owner or operator satisfies the requirements in both paragraphs (2)(c)(A) and (B) of this rule, the owner or operator is not required to submit an Initial Notification or a Notification of Compliance Status if the owner or operator operates a vapor balance system at the gasoline dispensing facility that meets the requirements of either paragraphs (2)(c)(A) or (B) of this rule. (A) Achieves emissions reduction of at least 90 percent.

### Attachment 3.2, pg. 28

(B) Operates using management practices at least as stringent as those in Table 4 of this division. (d) The owner or operator must submit a Notification of Performance Test, as specified in 40 CFR 63.9(e), prior to initiating testing required by OAR 340-244-0244(1) and (2). (e) The owner or operator must submit additional notifieationss specified in 40 CFR 63.9, as applicable. NOTE: 

### This rule is included in the State of Oregon Clean Air Act Implementation Plan as adopted by the Environmental Quality Commission under OAR 340-200-0040. Stat. Auth.: ORS 468.020 & 468A.025 Scats. Implemented: ORS 468A.025 Hist.: DEQ 15-2008, f. & cert. of 12-31-08

TABLE 4 (OAR 340-244-0242)

MANAGEMENT PRACTICES FOR GASOLINE DISPENSING FACILITIES SUBJECT TO STAGE I VAPOR CONTRQLS If owning or operating The owner or operator must 1. An existing GDF T

L'. o =-..

. 'Install and operate a vapor balance system on gasoline storage tanks that meets the design criteria in paragraphs (a) through (h). (a) All vapor connections and lines on the storage tank must be equipped with closures that seal upon disconnect. (b) The vapor line from the gasoline storage tank to the gasoline cargo tank must be vapor-tight, as defined in OAR 340-244- 0030. (c) The vapor balance system must be designed such that the pressure in the tank truck does not exceed 18 inches water pressure or 5.9 inches water vacuum during product transfer. (d) The vapor recovery and product adaptors, and the method of connection with the delivery elbow, must be designed so as to prevent the over-tightening or loosening of fittings during normal delivery operations. (e) If a gauge well separate from the fill tube is used, it must be provided with a submerged drop tube that extends the same distance from the bottom of the storage tank as specified in OAR 340-244-0240(2). (f) Liquid fill connections for all systems must be equipped with vapor-tight caps.

- (g) Pressure/vacuum (PV) vent valves must be installed on the storage tank vent pipes. The pressure specifications for PV vent valves must be: a positive pressure setting of 2.5 to 6.0 inches of water and a negative pressure setting of 6.0 to 10.0 inches of water. The total leak rate of all PV vent valves at an affected facility, including connections, must not exceed 0.17 cubic foot per hour at a pressure of 2.0 inches of water and 0.63 cubic foot per hour at a vacuum of 4 inches of water. (h) The vapor balance system must be capable of meeting the static pressure performance requirement of the following equation: Pf = 2e 500 Irv Where: Pf = Minimum allowable final pressure, inches of water. v = Total ullage affected by the test, gallons. e = Dimensionless constant equal to approximately 2.718. 2 = The initial pressure, inches water.

### Attachment 12, pg. 29

2. For a new or reconstructed GDF with monthly throughput of 100,000 gallons of gasoline or more, or a new storage tank(s) at an existing GDF with monthly throughput of 100,000 gallons of gasoline or more The- erinittee must ilnstall and operate a dual-point vapor balance system, as defined in OAR 340-244-0030, on each affected gasoline storage tank and comply with the design criteria in item 1 of this Table.

## Attachment 4

Evidence that the State followed the Administrative Procedures Act

4.1 Public notice in the Secretary of State's Oregon Bulletin August 1, 2009
4.2 Certificate and Order for Filing Permanent Administrative Rules, filed and effective December 16, 2009_

### Attachment 4.1, pg. 1

Oregon State Archives. 

### Oregon Administrative Rules

alpha links. I numerical links J bullotin g 1 tiling resuurnes I rules cocrdinatora about oars 

### I search oars J bqy pars I ors



### Oregon Bulletin
August 1, 2009

NOTICES OF PROPOSED RULEMAKING AND PROPOSED RULEMAKING HEARINGS

The following agencies provide Notice of Proposed Rulemaking to offer interested parties reasonable opportunity to submit data or views on proposed rulemaking activity. To expedite the rulemaking process, many agencies have set the time and place for a hearing in the notice. Copies of rulemaking materials may be obtained from the Rules Coordinator at the address and telephone number indicated.
Public comment may be submitted in writing directly to an agency or presented orally or in writing at the rulemaking hearing. Written comment must be submitted to an agency by 5:00 p.m. on the Last Day for Comment listed, unless a different time of day is specified. Written and oral comments 

### may be submitted at the appropriate time during a rulemaking hearing as outlined in OAR 137-001-0030.
Agencies providing notice request public comment on whether other options should be considered for achieving a proposed administrative rule's substantive goals while reducing negative economic impact of the rule on business.
In Notices of Proposed Rulemaking where no hearing has been set, a hearing may be requested by 10 or more people or by an association with 10 or more members. Agencies must receive requests for a public rulemaking hearing in writing within 21 days following notice publication in the Oregon Bulletin or 28 days from the date notice was sent to people on the agency mailing list, whichever is later. If sufficient hearing requests are received by an agency, notice of the date and time of the rulemaking hearing must be published in the Oregon Bulletin at least 14 days before the hearing.
*Auxiliary aids for persons with disabilities are available upon advance request. Contact the agency Rules Coordinator listed in the notice information.

Department of Environmental Quality Chapter 340
Rule Caption: Adoption of Federal Air Quality Regulations. Date: Time: Location: 8-17-09 6 p.m. DEQ Bend Regional Office Conference Rm. 475 NE Bellvue Dr., Suite 110 Bend, OR 97702 8-18-09 6 p.m. DEQ - Medford Regional Office Conference Rm.Attachment 4.1, pg. 2

221 Stewart Ave., Suite 201 Medford, OR 97501 8-20-09 6 p.m. DEQ Headquarters 811 SW 6th Ave., Rm. EQC-A Portland, OR 97204 Hearing Officer: Mark Fisher, Steve Croucher, William Knight Stat. Audi.: ORS 468.020, 468A.035, 468A.040, 468A.050 & 468A.310 Stats. Implemented: ORS 468A.025 Proposed Adoptions: 340-216-0062, 340-228-0639 Proposed Amendments: 340-200-0040, 340-209-0030, 340-210-0100, 340-210-0110, 340-210-0120, 340-216-0020, 340-216-0060, 340-216-0064, 340-228-0606, 340-228-0621, 340-228-0623, 340-228-0625, 340-228-0627, 340-238- 0040, 340-244-0030, 340-244-0220, 340-244-0238, 340-244-0240, 340-244-0242, 340-244-0246 Last Date for Comment: 8-26-09, 5 p.m. Summary: The Oregon Department of Environmental Quality (DEQ) is proposing that the Environmental Quality Commission (EQC) adopt standards that implement new and amended federal air quality regulations. The objective of this rulemaking is to protect public health, ensure that Oregon implements the federal programs that regulate hazardous air pollutants and new sources, and to improve Oregon's implementation of these programs. If adopted, this proposal would adopt by reference several new federal area source NESHAPs; add the new area source NESHAPs to the list of business categories eligible to obtain a Simple or General ACDP; add a new General ACDP annual fee class; assign each new General ACDP to an annual fee class; adopt a requirement that any dry cleaner using perchloroethylene obtain an ACDP unless the dry cleaner registers with DEQ; change the requirement that the Environmental Quality Commission (EQC) issue General ACDPs by rule to instead allow the Department to issue General ACDPs by order; allow businesses eligible for multiple General ACDPs to be assigned to one General ACDP and one or more General ACDP Attachments; adopt an annual fee for General ACDP Attachments; allow registration as an alternative to permitting for auto body shops and dry cleaners that voluntarily participate in an environmental certification program; adopt annual fees for registration; update previously adopted NESHAP and NSPS rules to keep them consistent with federal amendments; correct referencing errors and add clarity to the "topping off" ban; and modify Oregon's Utility Mercury Rule (UMR) by adding material sampling provisions vacated by a federal court ruling. To submit comments or request additional information, please contact .lent' Ebersole at the Department of Environmental Quality (DEQ), 811 SW Sixth Ave, Portland, OR 97204, toll free in Oregon at 800-452-4011 or 503-229- 6974, or at federalrule@deq.state.or.us , or by fax 503-229-5675, or visit DEQ's website http :I/ww w. de q. s t at e . or. us/news/p ub l i cnotice s/PN. asp Rules Coordinator: Larry McAllister Address: Department of Environmental Quality, 811 SW Sixth Ave., Portland, OR 97204 Telephone: (503) 229-6412Attachment 4.2, pg. 1

Secretary of State Certificate and Order for Filing PERMANENT ADMINISTRATIVE RULES

I certify that the attached copies* are ltoe, full and correct copies of the PERMANENT Rule(s) adopted on December 11.2009 by the
Dale prior to or same-as filing date. Enviroltnientat Gushier Commission to be administered by DIJ Agency and Division OAR Chapter 340 Administrative Rules Chip tcr Number Maggie Vandehes -- 503229 6878
Agency Rules Coordinator Telephone 81 1 SW Sixth Avenue Portland. OR 97204 yA»dehe.maggie r7deg.siate.or.us

Acldresstasnaii
to become effectiveDecember 14, 2009. Rulemnking Notice was published in the August 1, 2009 Oregon Bulletin.**. Dora upon filing or later 1.4onnh amt Year

RULE CAPTION Adoption of Federal Air Quality Regulations

RULEMAI IG ACTION
ADOPT: 340-216-0062, 340-228

. 0639 (table also)

AMEND: 340-200-0040, 340-209-0030, 340-210-0100, 340-210-0110, 340-210-0120. 340-216-0020 (tables also), 340-2116-0060, 340-216-0064, 340-228-0606, 340-228-0621, 340-228-0623, 340-228-0625, 340-228-0627, 340-238-0040, 340-244-0030, 340-244-0220, 340-244-0238, 340-244-0240, 340-244-0242 (table also), 340-244-0246

REPEAL: None

RENUMBER: None

AMEND AND RENUMBER: None
ORS 468 .020, 466 .035, 408A.040, 468A.05Q and 4613 .310 Stan. Autle: OltS of A_Ppiiobie Other Authority
ORS 466A.025 Stoll. Implemented: ORS
RULE SUMMARY The Oregon Environmental Quality Commission adopted standards that implement new and amended federal air quality regulations. The objective of this rulemaking was to protect public health, ensure that Oregon implements the federal programs that regulate hazardous air pollutants and new sources, and to improve Oregon's implementation of these programs. The adopted rules adopt by reference several new federal area source NESHAPs; add the new area source .". NESHAPs to the list of business categories eligible to obtain a Simple or General ACDP; add a new General ACDP annual fee class; assign each new General ACDP to an annual fee class; adopt a requirement that any dry cleaner using perchioroethylene obtain an ACDP unless the dry cleaner registers with DEQ; change the requirement that the Environmental Quality Commission issue General ACDPs by rule to instead require DEQ, to issue General ACDPs by order; allow businesses eligible for multiple General ACDPs to be assigned to one General ACDP and one or more General ACDP Attachments; adopt an annual fee for General ACDP

t2-27.0s i 

# FILED

DEC 1 6 2009

ARCHIVES DIVISION SECRETARY Ol STATE

## Attachment 5
Evidence of Adequate Public Notice

5.1 Affidavit of Publication: Daily Journal of Commerce, Notice of July 16, 2009 publication
Affidavit of Publication: The Oregonian, Notice of July 14, 2009 publicationAttachment 5.1, pg. 1

AFFIDAVIT OF PUBLICATION

DJC P.Q. Box 10127 / Portland, 0regnn 97296-0127 ! (503)226-1311 FAX (503) 222-5359

• STATE OF OREGON, COUNTY OF MULTNOMAH, --as. I, MARC CAPLAN, being first duly sworn, depose and say that t am a Manager of the DAILY JOURNAL OF COMMERCE, a newspaper of general elreulatlorl in the oounlies of CLACKAMAS, MULTNOMAH and WASHINGTON as defined by ORS 193.010 and 193.020; published at Portland in the aforesaid County and State; that I know from my personal knowledge that the

NOTICE OF PUBLIC HEARING ON PROPOSED AIR QUALITY RULE AMENDMENTS

a printed copy of which is attached, was published in the entire issue of this newspaper far 1 time(s) in the following issues: NC1Tf^^^,]Ef^f.1^3fioFi.lf^IN^ i,T1e' __ s Fitt '' M NPM

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. Order No_: 10148786 Client's Reference No.: 07/16/2009.

Subscribed and sworn to before me this 161h day of July, 2009.

OFFICIAL SEAL JKCOATES NOTARY MEMO- ORLON COMMISSION NO. A410689 MY COMMISSION EXPIRES OCTOBER 8, 2010

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## The Oregonian Order Confirmation for Act #0002594909

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_ NOTICE OF PUSVC HEARING ON PROPOSED NR QUALM RULE AMENDMENTS
4 Inserts

## Attachment 6
Certification of Public Hearing

See paragraph #3 of cover letter and Attachment 7.1

## Attachment 7

Compilation of Public Comment and Department Response

7.1 Presiding Officer's Report for Rulemaking Hearing on August 17, 2008 in Bend, dated August 26, 2009
Presiding Officer's Report for Rulemaking Hearing on August 18, 2008 in Medford, dated August 26, 2009
Presiding Officer's Report for Rulemaking Hearing on August 20, 2008 in Portland, dated August 26, 2009
7.2 Summary of Public Comment and Agency Response, dated September 01, 2009

### Attachment 7.1, pg. 1



### State of Oregon Department of Environmental Quality Memorandum

Presiding Officer's Report

Date: August 26, 2009

To: Environmental Quality Commission

From: Mark Fisher, Eastern Region, Bend Office
Subject: Presiding Officer's Report for Rulemaking Hearing

Title of Proposal: Adoption of Federal Air Quality Regulations Hearing Date and Time: August 17, 2009, beginning at 6:00 p.m. Hearing Location: DEQ - Bend Regional Office Conference Room 475 NE Bellevue Dr., Suite 110 Bend, OR 97702
DEQ convened the rulemaking hearing on the proposal referenced above at 6:00 pm and closed it at 6:30 pm. People were asked to sign registration forms if they wished to present comments. People were also advised that the hearing was being recorded.
Three people attended the hearing; no one testified.
Before taking comments, Jerry Ebersole briefly explained the rulemaking proposal and I explained the procedures for the hearing.
No written or oral comments were received at the hearing.

### Attachment 7.1, pg. 2



### State of Oregon Department of Environmental Quality Memorandum

Presiding Officer's. Report

.Date: August 26, 2009

To: Environmental Quality Commission

From: Steve Croucher, Western Region, Medford Office
Subject: Presiding Officer's Report for Rulemaking Hearing

Title of Proposal: Adoption of Federal Air Quality Regulations Hearing Date and Time: August 18, 2009, beginning at 6:00 p.m. DEQ - Medford Regional Office Conference Room 221 Stewart Ave, Suite 201 Medford, OR 97501
The Department convened the rulemaking hearing on the proposal referenced above at 6:00 pm and closed it at 6:30 pm. People were asked to sign registration forms if they wished to present comments. People were also advised that the hearing was being recorded.
Seven people attended the hearing; one person testified.
Before taking comments, Jerry Ebersole briefly explained the rulemaking proposal and I explained the procedures for the hearing.
The following is a summary of written and oral comments received at the hearing. The Department will include these comments in the Summary of Comments and Agency Responses for this rulemaking.
Oral Testimony
Clair Anchick, Towne & Country Cleaners & Laundry My name is Claire Anchick and along with my husband Jack we own Towne & Country Cleaners LLC. Our plant is located in White City. We also have a drop store in Ashland. Our solvent of choice is perchioroethylene (pert).
In 1995 the Oregon Dry Cleaner bill, House Bill 3216 (ORS 465.500) was passed and went into effect January 1996. The Dry Cleaner Statute requires all dry cleaners to implement waste minimization and hazardous waste management practices designed to eliminate future releases of hazardous waste to the environment, in essence becoming a "zero release" industry. That bill and the rules it prescribed for the dry cleaners of Oregon was stricter than the NESHAP at the time and the new Federal NESHAP's are still not as strict as our law. No place in the rules does it state there should be a fee for registration, only that there should be registration.

### Attachment 7.1, pg. 3

Every dry cleaner in the state is registered with DEQ no matter what solvent they use. Pere dry cleaners already pay an additional $500 just because they use perc.
Pero usage has been reduced first by the introduction of the new equipment, 4th 

### generation or better, closed loop solvent delivery, and as more cleaners close or choose an alternative solvent, usage will continue to be reduced.
When I moved to the valley in 1984, there were approximately 13 plants. Most were perc plants. Today there are six plants. One is hydrocarbon, the rest are perc. In Grants Pass there were four or five plants, now there are three. No perc, two hydrocarbon, one Greenearth.
I don't know when the last air quality report was done for this valley or where the perc percentage is but I do know that the last Portland area report was flawed, even so the perc percentage just barely made the list of concerned.
Compliance, compliance, compliance. That is air quality mantra. DEQ/air quality was disappointed in the inspection done recently in the Portland/Lane county area. Areas of concern were containment, paper work, and ground water issues, not air quality.
As with most rules and laws in our country, the honor system does not always work. We hire police officers to enforce our driving laws and IRS agents to enforce compliance with tax laws. Those are just two examples of enforcement. If you are not in compliance -not following the law- there are consequences. Fines, license removal, jail.
You have always had the ability to inspect the dry cleaners in Oregon. When you have and you found non-compliance, you sent a letter and/or in some cases, fines were levied. I have no problem with that fact. I would encourage you to do more inspections of all drycleaners. However, the time has come when you say enough is enough. You have told them what to do, you have shown them how to do it, and if they are still not doing it correctly, close them down. Again consequences.
If there is a high degree of non-compliance in the dry cleaners of Oregon, it appears to me that it is not the fault of the dry cleaners but the fault is yours.
Why do you feel that an additional fee to be either registered, licensed, or permitted will change the compliance issue?
You are playing to the lowest common denominator. Those cleaners that have been following the rules keep being penalized with new fees and the dry cleaners that are not following the rules are suffering no consequences.
I understand the State of Oregon is short of money, however, I do not believe the 173 perc cleaners should, would, or could, provide enough money to make a dent into the deficit.

### Attachment 7.1, pg. 4



### State of Oregon Department of Environmental Quality Memorandum

Presiding Officer's Report

.Date: August 26, 2009

To: Environmental Quality Commission

From: Gregg Dahmer', P_E., Air Quality Division, Program Operations Section
Subject: Presiding Officer's Report for Rulemaking Hearing

Title of Proposal: Adoption of Federal Air Quality Regulations Hearing Date and Time: August 20, 2008, beginning at 6:00 p.m. Hearing Location: DEQ Headquarters, EQCA 811 S.W. Sixth Avenue Portland
The Department convened the rulemaking hearing on the proposal referenced above at 6:10 pm and closed it at 6:20 pm. People were asked to sign registration forms if they wished to present comments. People were also advised that the hearing was being recorded.



### Two people attended the hearing; one person testified.
Before taking comments, I explained the procedures for the hearing.
The following is a summary of written and oral comments received at the hearing. The Department will include these comments in the Summary of Comments and Agency Responses for this rulemaking.
Oral Testimony

. Kathey 

### Butters, Korean American Dry Cleaners Association, Oregon 

### Dry Cleaners Association My name is Kathey Butters, I have been in the dry cleaning industry 30+ years as an employee, owner, and consultant, I currently manage Plaza Cleaners. I am an 11 year member of the DEQ Advisory Committee for the Oregon Dry Cleaner program. Tonight I am here to make public comment on behalf of the Korean American Dry Cleaners Association (KADCA) and the Oregon Dry Cleaners Association (ODCA), which represents most of the Oregon Dry Cleaners.
The proposed rule according to Oregon DEQ "Proposed Rulemaking Announcement"- is to meet the requirements of the Clean Air Act. I quote from that same announcement, -"The Clean Air Act requires EPA to regulate enough area sources to ensure that 90 percent of the emissions of the 33 hazardous air pollutants are subject to the National Emission Standards for Hazardous Air Pollutants (NESHAP). The Clean Air Act also requires EPA to establish New Source Performance Standards (NSPS) for categories of sources that cause or contribute significantly to air pollution that endangers public health."

### Attachment 7.1, pg. 5

The 2006 NESHAP requirements that Oregon DEQ Air Quality is basing the need for dry cleaners to be included in this proposal have been in place in Oregon since 1995 with the implementation of the Oregon Dry Cleaner Program. The one exception was carbon absorption. When Air Quality first approached the industry about permitting it was stated that the Dry Cleaner program did not meet the NEHSAP requirement on Carbon Absorption, as there was no direct stipulation in the Dry Cleaner Program. The industry pointed out to Air Quality that the Dry Cleaner Program did meet that requirement based on the generation of machines required. The inspections proved that the industry was right and all cleaners met the carbon absorption requirements in the 2006 NESHAP.
Let's talk about the Portland Air Toxic Assessment (PATA) done in 200412005. The ambient benchmark for perc was 1 times higher, meaning that there was I more person out of a million potentially at risk for cancer. If the assessment were to be done today we believe perc would be below that benchmark. But let's look further into the PATA. The Air Toxics Science Advisory Committee (ATSAC) was formed in accordance with DEQ Division 246, Oregon State Air Taxies. It was proposed to the ATSAC by the DEQ Air Quality Division that perc be given a lower ambient benchmark. The Committee decided to revise the Air Quality proposed ambient benchmark and the risk assessment on perc not be upgraded (and I quote) "to reflect its non-cancer effects". The ATSAC also stated, "Based on new studies that have been done on the effects and health risks of perc, it is very unclear if PERC is a carcinogen in humans, and if it is a human carcinogen, its potency is very weak". (DEQ Air Toxics Program, ATSAC, Meeting #17, May 18, 2006 - Meeting Summary)
Moving on to the current DEQ Dry Cleaner Program. The Dry Cleaner Program implemented practices for the industry almost 10 years prior to the EPA adopting the same practices.
I quote from a Department of Environmental Quality fact sheet last updated 7122105. 

### "Today, about 85 percent of dry cleaners in Oregon use perc. In the 1995 Oregon legislative session, DEQ and the dry cleaning industry partnered to create the Oregon Dry Cleaner Program. Through this program, DEQ oversees how dry cleaners handle perc. It requires dry cleaners to handle perc safely, and helps cleanup sites that are already contaminated. This program has resulted in a unique, cooperative relationship between DEQ and the dry cleaner industry. As a result of this cooperative effort, the industry's use of perc has declined by 30 percent, and the safe disposal of perc waste has improved dramatically".
In fact, by advocating for the Dry Cleaner Program with the state legislature, drycleaners proactively took steps to require all dry cleaners to become environmentally friendly operations, and to facilitate the identification and clean-up of any historically contaminated sites. All this was accomplished without posing any burden on Oregon taxpayers outside the dry cleaning industry. This was the first time in our State's history that an industry group took such an aggressively pro-environment position and lobbied for more, not less, regulatory controls, as well as imposing an additional economic burden on itself,
This is 2009 and where is the dry cleaning industry in Oregon today? Since 2009 numbers are not yet available I will use 2008 numbers. There are 177 perc cleaners in Oregon almost half of what it was in 2001. The number of dry cleaners using solvents other than perc has increased from less than 20 to 84. The amount of perc purchased has gone from about 18,000 gallons in 1999 to less than 6,000 gallons in 2008. The average perc use per facility has gone from 60 gallons at the beginning of the program to slightly over 30 in 2008. This is a direct result of the fact that when the Dry Cleaning Program was implemented Dry Cleaners who did not meet the requirements invested in new, more efficient, more

### Attachment 7.1, pg. 6

technologically advanced perc machines. This is no small investment. In addition, as more and more dry cleaners come to realize that despite the current scientific evidence that perc is a safe solvent the public perception of using pere is tainted, and they have opted to abandon perc and invest in alternative solvent technology, as evidenced above. We believe this trend will continue.
Based on all the information given to you at this point, the industry believes that Oregon is already meeting the federal requirements for the Clean Air Act concerning perc and our industry. For Oregon DEQ Air Quality to decide now that EPA would not accept their delegation of our current dry cleaning program without implementing a fee permit program, when in fact it has accepted it for the last 3 years since the 2006 NESAPS were published, is hard for the dry cleaning industry to accept. EPA does not require a fee based permit program and supports and promotes other states self certification programs. The industry requests DEQ to go for their delegation with the existing Oregon Dry Cleaner program.
The random inspections conducted by DEQ, and being used as a second reason for the need for this permitting program, need to be addressed. If you evaluated each inspection you will find that most cleaners out of compliance were land/hazardous waste issues, not air quality. Those that were air quality were mainly paperwork issues and corrected on site or within the time frame allotted. The worst cited in these inspections had already been picked up in the existing dry cleaning program. The current dry cleaning program initiates inspections based on the information received in the required annual reports. The industry is not happy with the findings but believe that the issues can be addressed under the existing DEQ dry Cleaner Program.

Why should an industry that has stepped up and with the help of the DEQ created a program that cleans up historically legal practices and prevents further contamination be subjected to yet another and redundant layer of governmental regulation? Especially when we are told that DEQ Land & DEQ Air Quality are unable to share databases, therefore requiring dry cleaners to be subjected to more bureaucracy. A proven example -- under the current dry cleaner program there is no cost to changing basic information, name, address, phone, etc. Under this new proposed program is would cost the cleaner $360.00. That amount is absurd anyway for a permit costing $240.00 but even more absurd is that a dry cleaner would have to contact both DEQ land and DEQ Air!
Oregon's Dry Cleaning industry and the Department of Environmental Quality. have an excellent working relationship. A relationship built on mutual trust and respect. Implementing Air Quality Permits/Registration and adding yet another layer of redundant regulations will not improve compliance or reduce air pollution; it will only damage the mutual respect we have worked so hard to build since the dry cleaner program's inception.
The Oregon Dry Cleaner program is working. Sites are being cleaned up. There are currently no high priority sites in the queue. All money being spent on clean ups are from the industry. Oregon Dry Cleaners met or exceeded all federal regulations. Therefore the industry requests that dry cleaners be removed from this proposal and the issues of concern be addressed under the current DEQ Dry Cleaner Program.Attachment 7.2, pg. 1

Summary of Public Comment and Agency Response
Title of Rulemaking: Adoption of Federal Air Quality Regulations
Prepared by: Jerry Ebersole Date: September 1, 2009

Summary of Comments/Responses Gasoline Dispensing Facilities Topping-Off Ban

. Comment 1: We are extremely pleased that DEQ and the EQC are implementing rules that go beyond the federal standards both in requiring stage Comment period The public comment period opened on July 15, 2009, and closed at 5:00 p.m. on August 26,

2009. DEQ held the following public hearings:

+ August 17, 2009, 6:00 pm DEQ - Bend Regional Office 475 NE Bellevue Dr., Bend 3 attended and 0 testified.

• August 18, 2009, 6:00 pm DEQ - Medford Regional Office 221 Stewart Ave, Medford 7 attended and 1 testified.

• August 20, 2009, 6:00 pm DEQ Headquarters, Room EQCA 811 S.W. Sixth Avenue, Portland 2 attended and 1 testified.
Eight commenters submitted comments by standard mail, fax, or e-mail and two verbal testimonies were given at public hearings. Summaries of individual comments and the DEQ's responses are provided below. Comments are summarized in categories. The persons who provided each comment are referenced by number. A list of commenters and their reference numbers follows the summary of comments and responses. Organization of
1 comments and responses

ACDP = Air Contaminant Discharge Permit

ATSAC = Air Toxic Science Advisory Committee AQ = Air Quality CFR = Code of Federal Regulations DEQ = Department of Environmental Quality EPA = Environmental Protection Agency EQC = Environmental Quality Commission HAP = Hazardous Air Pollutant NESHAP = Nation Emission Standards for Hazardous Air Pollutants NSPS = New Source Performance Standards OTA = Oregon Toxics Alliance PATA = Portland Air Toxics Assessment PPRC = Pollution Prevention Resource Center SIP = State Implementation Plan Explanation of acronyms used in this document

### Attachment 7.2, pg. 2

I vapor recovery at a lower threshold than that required by federal law, and in implementing the first "No Topping Off' regulation in the nation. (10)

• Response: DEQ appreciates your support for the lower stage 1 vapor control threshold and the "topping-off" ban. Benzene concentrations in many Oregon communities are above levels protective of human health. DEQ's intent for going beyond the gasoline dispensing NESHAP is to reduce benzene concentrations in Oregon.

▪ Comment 2: We look forward to partnering with DEQ on this No Topping Off project and on reducing unnecessary idling of vehicles. The combination of these provisions will go a long way towards reducing the level of benzene in our airshed and in our lungs. (10)

• Response: DEQ recognizes the difficulty of implementing a statewide "toppingoff" ban. DEQ's goal is to implement the ban primarily through education and outreach and by ensuring that signage is posted at service stations. . DEQ welcomes any assistance with these efforts.



### Dry Cleaners 2. Permitting • Comment 1: When DEQ first approached industry about permitting, they stated that Oregon dry cleaners were not meeting the carbon adsorption requirement. Industry pointed out that dry cleaners were meeting that requirement. The inspections proved that the industry was right. (2)

• Response: One of the requirements in the 2006 NESHAP amendments is for newer dry cleaning machines to have a carbon adsorber. Currently DEQ is aware of approximately eight dry cleaning machines in Oregon that potentially fall under this requirement. Only one of the dry cleaning facilities with a newer machine was inspected during the recent inspection sweep. More inspections are necessary to determine if the carbon adsorption and other requirements are being met. Based on discussions with dry cleaning equipment suppliers and repair technicians, DEQ is concerned that some of the newer machines may not have the required carbon adsorber.

• Comment 2: For DEQ to decide now that EPA would not accept delegation of our current program without implementing a permit program, when in fact it has accepted it since the 2006 NESHAP amendments were published, is hard for the dry cleaning industry to accept. The industry requests DEQ to go for delegation with the existing Dry Cleaning Program. (2)

• Response: DEQ-has not received delegation from. EPA-for the 2006 NESHAP and cannot until the EQC adopts those amendments into state rule. This rulemaking would add the 2006 NESHAP amendments to state rules and DEQ would then submit a new delegation request to EPA in February, 2010. In order to renew delegation, DEQ must be able to establish an effective program to ensure compliance with federal rules. Our previous delegation (of the 1993 NESHAP) was.granted based on the belief that a self-certification type program along with technical assistance would result in compliance with state and federal rules. After further review of the program, including a sweep of inspections, DEQ has determined that the current program has resulted in a low level of compliance. During a recent random inspections of 25 dry cleaning facilities, approximately 70% percent of the perchloroethylene dry cleaners inspected were found to be out of compliance with some state or federal requirements and 40% of dry cleaners were specifically violating the dry cleaning NESHAP. Federal law (40 CFR 63.96) requires adequate State enforcement and compliance monitoring activities. It also requires adequate funding, staff and otherresources to implement and enforce the State's
___ _._ .__Attachment 7.2, pg. 3

approved program.

• Comment 3: EPA does not require a fee based permit program and supports other states self-certification programs. (2)

• Response: While EPA does not specifically require states to have a fee based permit program to implement the NESHAP, federal law (40 CFR 63.96) as noted above requires adequate State enforcement and compliance monitoring activities. Since DEQ does not receive state general fund for implementation of NESHAP programs, funding to support the program needs to be provided either through permitting or registration fees. See response to question 2 above for additional information about why DEQ is not proposing a self certification program.

• Comment.4: Why should an industry that has cleaned up historical practices and prevented further contamination be subjected to yet another layer of redundant regulation and bureaucracy? (2)

• Response: DEQ appreciates efforts made by the dry cleaning industry to be environmentally proactive and does not want to subject the dry cleaning industry to any unnecessary regulation or bureaucracy. DEQ does however need to have an effective program that ensures compliance with existing federal regulations designed to protect public health. To do this DEQ needs additional funding not provided through the existing dry cleaner program. The proposed funding mechanism would be a streamlined permit or registration process. As a result, dry cleaners will experience few changes other than receiving periodic compliance inspections, increased technical assistance and enforcement when necessary. DEQ's goal has been, and will continue to be, integrated implementation of the dry cleaning NESHAP and the Dry Cleaning Program. That goal includes combined inspections and reporting to minimize the cost of the program and avoid duplication.

• Comment 5: Permitting/registration will not improve compliance or reduce air pollution, only damage the mutual respect we have worked so hard to build. (2)

• Response: DEQ values the working relationship it has with the dry cleaning industry and has held a number of meetings to reach out to the dry cleaning industry and to gather input on how best to implement the NESHAP program. DEQ intends to continue working with the dry cleaning industry on the basis of mutual trust and respect.

• Comment 6: The Dry Cleaning Program is working. Sites are cleaned up and there are no high priority sites in the queue. All money spent on clean ups are from industry. Oregon dry cleaners meet or exceed all federal regulations. Therefore, the industry requests that DEQ remove this proposal. (2)

• Response: DEQ applauds the dry cleaning industry in Oregon for taking proactive steps to clean-up contaminated sites and reducing the number of new contaminated sites. However, recent inspections demonstrate that a high percentage of Oregon dry cleaners are potentially out of compliance. During the recent sweep of inspections, approximately 40% of dry cleaners were specifically violating the federal NESHAP regulations. The proposal would result in additional inspections and technical assistance to ensure a higher level of compliance. Permitting Fees • Comment 1: There is a $1200 initial permitting fee. I understand that Air Quality does not plan to charge it. If your plan is not to charge it, why is it in the proposal? (1)

• Response: DEQ will revise Division 216, Table 2, Part 1.c to allow DEQ toAttachment 7.2, pg. 4

exempt existing sources from the requirement to pay the General ACDP assignment fee. This exemption would be limited to those existing sources that are applying for assignment to a General ACDP because they are subject to a newly adopted area source NESHAP and apply within 90 days of notification by DEQ.

• Comment 2: As I understand it, Air Quality receives no funding from the State of Oregon. These fees and additional paperwork look like nothing more than a way to perpetuate jobs for DEQ and serve no real public service. (1)

• Response: DEQ has been responsible for implementing the original federal dry cleaning NESHAP through the Dry Cleaning Program for over 10 years. However, fees paid by dry cleaners to the Dry Cleaning Program are primarily intended for site cleanups and therefore not available to be used for NESHAP implementation. As a result, an inadequate number of dry cleaners have been inspected, which has lead to a high level of non-compliance. The purpose of the proposed permitting or registration requirement is to improve compliance with the 2006 NESHAP.

• Comment 3: Those dry cleaners that have followed the rules keep being penalized with new fees and the dry cleaners that are not following the rules are suffering no consequences. (3)

• Response: The proposed rules would level the playing field by keeping fees low for dry cleaners that are following the rules and by requiring higher fees and civil penalties for dry cleaners that are violating the rules. Dry cleaners that go above and beyond the area source NESHAP would be able to register with DEQ and pay an annual fee of $180. Dry cleaners that comply with the NESHAP would be required to obtain a General ACDP and pay an annual fee of $240. Those dry cleaners that have significant or repeated violations would be subject to civil penalties, be required to obtain a Simple ACDP, and pay an annual fee of $1920.

• Comment 4: I understand the State of Oregon is short of money. However, I do not believe the 173 perchloroethylene dry cleaners should, would, or could provide enough money to make a dent in the deficit. (3) • . Response: The purpose of the permitting/registration fee is to fund an effective program to ensure compliance and is not to balance Oregon's budget. All revenue received by the permitting/registration program is dedicated to the permitting/registration program. None of the revenue will go towards the state's budget deficit.

• Comment 5: Under the Dry Cleaning Program, there is no cost to change basic information. Under this new program, it would cost the dry cleaner $360 to change this information. That amount is absurd anyway for a permit costing $240, but even more absurd is that a dry cleaner would have to contact both DEQ Land and DEQ Air. (2)

• Response: The $360 fee for name change or changes in ownership is a onetime fee while the $240 fee is an annual fee. The $360 pays for permit reassignment, database and file updating, and technical assistance provided to the new owner. The fee for changes in ownership applies to all categories of

sources permitted under the ACDP program, not just dry cleaners.

• Comment 6: Perchloroethylene dry cleaners already pay an additional $500 just because they use perchloroethylene. (3)

• Response: The purpose of the fees currently paid by dry cleaners is to create a cleanup fund paid for sole! by the d cleanin o industry. D cleaners thatAttachment 7.2, pg. 5

participate in this fund benefit by receiving an exemption from cleanup liability. These fees are used to clean up contamination resulting from dry cleaning facilities, and are not meant to pay for the implementation of the dry cleaning NESHAP.

• Comment 7: Why does DEQ feel an additional fee will change the compliance issue? (3)

• Response: The additional fees would fund the program and allow for additional inspections which we believe will increase the level of compliance in the program.

• Comment 1: The industry believes that Oregon is already meeting the federal requirements for the Clean Air Act concerning perchloroethylene and our industry. In the recent inspections, the areas of concern were containment, paper work, and land quality and water quality issues, not air quality issues. ( 2 , 3 )

• Response: Of the twenty-five dry cleaners inspected during the inspection sweep, ten were violating at least one air quality requirement. Four were violating the requirement to cover waste containers, five were violating the requirement to perform leak inspections, one had a perceptible leak during the inspection, five were violating the requirement to record condenser temperatures, and three were violating the requirement to keep leak detection logs.

• Comment 2: Those areas of concern that were Air Quality related were corrected on-site or within the timeframe allotted. (2)

• Response: It is true that many of the Air Quality related violations were corrected immediately or within the timeframe allotted in the warning letter. However, under the existing program, these violations would likely have gone undiscovered and uncorrected.

• Comment 3: The worst cited Air Quality concerns had already been picked up in the existing Dry Cleaning Program. The industry is not happy with the findings but believe that the issues can be addressed under the existing DEQ Dry Cleaning Program. (2)

• Response: The existing program requires submittal of an annual report. However, the information is typically not verified making it difficult to accurately .
assess compliance. The proposed rules would increase oversight to ensure that all air quality concerns are adequately addressed.

• Comment 4: You have always had the ability to inspect dry cleaners in Oregon. 1 would encourage you to do more, on all dry cleaners. (3)

« Response: The proposed registration and permitting fees would provide DEQ the funding needed to provide inspections.

• Comment 5: If there is a high degree of non-compliance, it appears to be the fault of DEQ, not the dry cleaners, (3)

• Response: Under state law, compliance with a NESHAP is the responsibility of the regulated source. Under the proposed rules, DEQ will provide adequate compliance assistance and compliance assurance.

• Comment 6: In the past Air Quality said, because of the unique relationship between dry cleaners and DEQ, dry cleaners did not need Air Quality oversight. Apparently, now we do. (1) 4. Need for More InspectionsAttachment 7.2, pg. 6

• Response: DEQ does believe oversight is needed to ensure compliance with air quality regulations. It appears that the lack of compliance inspections over the years has lead to a high level of non-compliance. The level of compliance should increase with more compliance inspections. There is also a high rate of ownership turnover within the dry cleaning industry. New owners should also benefit from the technical assistance that DEQ inspector would provide.

+ Comment 7: The time has come when you say enough is enough. You have told them what to do, how to.do it, and if they are still not doing it correctly, close them down. (3)

+ Response: DEQ uses the legal authorities we have to resolve and deter violations of environmental rules. These are typically civil penalties, but in some
cases may also include criminal charges against violators.

• Comment 8: Perchloroethylene usage has decreased because of newer generation' equipment and closed loop solvent delivery, and as dry cleaners close or use an alternative solvent, this trend will continue. (3)

• Response: DEQ realizes that perchloroethylene use has decreased over time and better equipment has reduced environmental risks. However, EPA has determined that there is still a remaining risk from dry cleaners and as the delegated authority, DEQ is required to ensure compliance with the NESHAP.

• Comment 9: It is very important to ensure that dry cleaners are complying with the requirements, and adequate enforcement oversight is exercised by DEQ. OTA would encourage additional provisions to ensure that businesses are complying with the applicable requirements, as there have been compliance problems in the past. DEQ should implement sufficiently stringent recordkeeping and reporting requirements to ensure that this does not occur. (10)

• Response: DEQ is proposing to add a permitting/registration requirement for dry cleaners using perchloroethylene. Permitting/registration fees would fund the program allowing for increased inspections and an increase in the level of compliance assurance.Attachment 7.2, pg. 7

Impact of Perchloroethylene Emissions

6. Impact of New Fees on Dry Cleaners and the Public • Comment 1: Oregon's Air Toxics Science Advisory Committee (ATSAC) stated that, "based on new studies, it is unclear if perchloroethylene is a carcinogen in humans, and if it is a human carcinogen, its potency is very week". (2)

• Response: DEQ is aware that the data on the carcinogenicity of perchloroethylene are inconclusive. However, perchloroethylene causes other adverse health effects in humans, including neurological, liver, and kidney effects following acute (short-term) and chronic (long-term) inhalation exposure. The EQC, based on the recommendation of ATSAC, has established an Ambient Benchmark Concentration for perchloroethylene based on these noncancer effects. Perchloroethylene continues to be listed as a hazardous air pollutant under the federal hazardous air pollutant program and as an air toxic under the Oregon Air Toxics Program. Perchloroethylene is also listed by EPA
as one of the 33 HAPs that pose the greatest potential health threat in urban
areas.

• Comment 2: ATSAC revised Air Quality's proposed ambient benchmark for perchloroethylene upwards. (2)

• Response: The EQC did revise the proposed ambient benchmark for perchloroethylene upwards.

• Comment 3: The Portland Air Toxics Assessment (PATA) was flawed. Even so, the perchloroethylene impact just barely exceeded the level of concern. If PATA were to be run today, the perchloroethylene impact would be below the level of concern. (2,3)

• Response: Portland Air Toxics Assessment was designed to model relative concentrations of toxics in an air shed. It was not intended to establish risks from individual sources. Any individual source that is out of compliance and leaking harmful chemicals into the environment poses acute and chronic risks, particularly to nearby residents. Ensuring that individual dry cleaners are complying with the perchloroethylene dry cleaning NESHAP will help minimize exposure levels.

• Comment 4: OTA appreciates the willingness of dry cleaners to use less toxic solvents, and the relevant rules that encourage this conversion. There is no necessity for ANY dry cleaner to be using perchloroethylene. Suitable alternatives exist that are much less injurious to public health. We understand that economic and other considerations make many dry cleaners hesitant to switch to these alternatives, but hope that in working together with the business
owners we can progress towards this goal. (10)

• Response: The use of perchloroethylene has decreased significantly, as dry cleaners have complied with the applicable regulations, switched to alternative solvents, and replaced their dry cleaning systems with other systems. There is every indication that this trend will continue.

• Comment 1: We are in Lane County, which means that LRAPA can set its own rules and fees. (1)

• Response: The proposed permitting/registration program and permitting fees would not apply to dry cleaning facilities in Lane County. However, LRAPA has indicated that it is likely they will propose the same program and fees.

• Comment 2: This program does not have a significant impact on small business? We cannot afford to buy another $60000 dry cleaning machine. (1) j

• Response.. Dry cleaners would not be required to install a new dry cleaning

### Attachment 7.2, pg. 8

•

•

•

•

•

•

Relationship to Dry Cleaner Statute and the Dry Cleaning Program • machine as a result of this rulemaking. Comment 3: Why are we being penalized for operating legally and safely? The shoddy operators will just switch to another drop-in solvent to get off the radar. (1) Response: Right now, perchloroethylene is the dry cleaner solvent that has been identified by EPA as a hazardous air pollutant and is regulated under federal law. In the future, other solvents may become regulated. Comment 4: This year alone our business is off $2000 per month. We now have to work 60 hours a week to break even. From 1994 until spring of 2008 we experienced a small amount of growth each year. Then fuel prices skyrocketed. We do not have the luxury of running a natural gas fired boiler, so we found ourselves paying almost $5.00 a gallon for home heating fuel to operate our new fuel-efficient boiler. The cost of fuel forced us to lay off the last of our employee's. (1) Response: DEQ sympathizes with the increasing costs associated with operating your business. DEQ has worked with the Dry Cleaning Program and the dry cleaning industry to leverage resources from the existing Dry Cleaning Program to the greatest extent possible to minimize the level of the new fee. Comment 5: We have been operating at a loss since September 2008. We are servicing an economically depressed retirement community. There are only 9 dry cleaners left on the entire Oregon Coast. The next closest dry cleaner on the Oregon Coast is 90 miles north. If this new program passes, we will be forced to close. That would send our customers from Reedsport, Yachats, Waldport, and Florence to Eugene. These people are not driving hybrids; they are driving giant SUV's and/or large 8-cylinder sedans. (1) Response: DEQ sympathizes with the increasing costs associated with operating your business and has done everything we can to minimize new fees. As a result, the cost of a permit would be equivalent to $20 per month or if registration were selected it would be equivalent to $15 per month. Comment 1: In 1995, dry cleaners proactively lobbied for the Oregon Dry Cleaner bill that requires all dry cleaners to implement waste minimization and hazardous waste management practices and cleanup historically contaminated sites. This was the first time in our State's

. history that an industry group took such an aggressively pro-environment position and lobbied for more, not less, regulatory controls, as well

. as imposing an additional economic burden on itself. As a result, the amount of perchloroethylene purchased has gone from 18,000 gallons in 1999 to less than 6,000 gallons in 2008 and the annual average perchloroethylene usage per facility has gone from 60 gallons to slightly over 30. (1,2,3)

• Response: DEQ applauds the efforts of the dry cleaning industry in Oregon for

. , being environmentally proactive and reducing perchloroethylene usage.

• Comment 2: A DEQ fact sheet states: "The Dry Cleaning Program has resulted in a unique, cooperative relationship between DEQ and the dry cleaner industry. As a result of this cooperative effort, the industry's use of perchloroethylene has declined 30 percent, and the safe disposal of perchloroethylene waste has improved dramatically." (2)

• Response: A combination of economic, environmental, and regulatory factors have resulted in the decline of perchloroethylene usage in the dry cleaning industry.Attachment 7.2, pg, 9

• Comment 3: The Dry Cleaning Program implemented practices for the industry almost 10 years prior to the EPA adopting the same practices. (2)

• Response: The NESHAP was initially adopted in 1993 and required: refrigerated condensers on new dry cleaning machines and existing dry cleaning machines located at dry cleaners that use more than 140/200 gallons per year of perchloroethylene; new dry cleaning machines to be dry-to-dry machines; leak detection and repair program; and operation and maintenance standards. The Oregon Dry Cleaner Bill was passed in 1995 and addressed some of the gaps in the NESHAP by requiring refrigerated condensers on existing dry cleaning machines at dry cleaners that use less than 140/200 gallons per year of perchloroethylene and requiring all dry cleaning systems to be dry-to-dry. DEQ commends the dry cleaning industry for implementing the use of refrigerated condensers and supporting a ban on transfer machines prior to the NESHAP.

• Comment 4: The bill and the rules it prescribed for Oregon dry cleaners were stricter than the NESHAP at the time. The new Federal NESHAP is now only equal to our law. (1,3)

• Response: DEQ appreciates efforts made by the dry cleaning industry to adopt a number of standards before they were covered by the federal NESHAP. The Oregon Dry Cleaner bill adopted in 1995 was stricter than the NESHAP in some areas but not others. In the case of refrigerated condensers, the Dry Cleaner Bill was initially more stringent, but as older machines are replaced with newer machines, the dry cleaner bill and the NESHAP are equivalent. In the case of transfer machines, the dry cleaner bill was initially more stringent, but as older machines are replaced with newer machines, again the thy cleaner bill and the NESHAP are equivalent. In the case of leak detection and repair, the NESHAP is more stringent. In the case of operation and maintenance requirements, the NESHAP was initially more stringent but the Dry Cleaning Program has adopted equivalent provisions. In 2006, EPA added a ban on perchloroethylene dry cleaning machines co-located in residential buildings and a requirement that newer machines have carbon adsorbers in addition to a refrigerated condenser. These new requirements are not addressed by the Dry Cleaner Bill.

Auto Body Shops Permitting Fees • Comment 1: There should be a minimal usage level established, rather than just stating that if a shop has any one of these products in the building, they must pay $720 per year. (5)

• Response: The federal rule does not establish a threshold for minimal usage. If an auto body shop has any of the affected products, they could avoid the need to comply with the federal rule and obtain a permit by removing those products from the building and properly disposing of them. While DEQ is not able to control who is subject to the federal rule, we do have the ability to address the impact of permitting fees on smaller shops. Based on an evaluation of the impact of permitting fees on smaller auto body shops, DEQ will revise the proposed rules to exempt shops painting less than 10 cars per year or using less than 20 gallons of coating per year from the requirement to obtain a permit. Comment 2: The collection of fees will do nothing to reduce the usage, because we are using virtually nothing now. (5)

• Response: The purpose of collecting fees is to provide funding for DEQ to implement the requirements under the NESHAP. With that said, it is likely that some sources will switch to exempt coatings and non-chemical stripping processes to avoid the NESHAP and permitting fees.Attachment 7.2, pg. 10

• Comment 3: With the increased use of waterborne paints, this will all be moot soon anyway. Will the fee then be repealed? Probably not. (5)

• Response: DEQ fully expects that, at some point in the future, most coating suppliers will have a line of coatings that is NESHAP exempt. Those auto body shops that choose to use these coatings exclusively would be exempt from the NESHAP and therefore not subject 

### to permitting or a permitting fee.

▪ Comment 1: Nearly all products used for collision repair are free of toxic metals. Only four toners contain these metals. These toners are yellowsloranges and one red. The usage of these toners is so minimal, that when we looked at Mac Auto Supply's sales history from January 2009 to the present, we had not sold any. (5) .

• Response: DEQ appreciates your input regarding toxic metals in collision repair products. DEQ fully expects that, at some point in the future, most coating suppliers will have a line of coatings that is NESHAP exempt.

• Comment 2: We have been in compliance with the federal VOC rule for years. (5)

• Response: DEQ appreciates your compliance with the federal and state VOC rules. However, the new federal NESHAP being proposed for adoption focuses on toxic metals and not VOCs.

• Comment 2: The use of chemical stripper is rare. There is no need for it. Repair procedures involve sanding/prepping the repair area, and painting over the existing finish. (5)

• Response: DEQ appreciates your input regarding the use of paint stripper. DEQ has heard from other suppliers that the use of chemical stripper is rare and unnecessary. If a source does not use chemical strippers or paints with metal HAPs they may petition DEQ to be exempt from the NESHAP.

• Comment 3: The only customers that use any quantity of stripper are in the aircraft industry, and I was surprised to discover that they are exempt from this rule. (5)

• Response: The paint stripping provisions in the federal regulation do apply to the aircraft industry.

• Comment 4: With regard to spray equipment, OSHA already covers everything you are asking fbr in this new rule. (5)

• Response: DEQ agrees that there 'is overlap between OSHA and NESHAP requirements for auto body shops. Both sets of requirements mandate the use of high efficiency spray equipment and spray booths. OSHA requires high efficiency spray equipment and a spray booth for the purpose of protecting employees from hazardous material exposure. The high efficiency spray equipment ensures that a high percentage of the coating is applied to the object being coated and the spray booth directs any overspray away from the painter. However, in protecting the painter from exposure to hazardous materials, the spray booth can expose the surrounding community to hazardous materials. To minimize exposure of the surrounding community, the NESHAP specifies that high efficiency filters be used in the spray booth. These filters are not addressed by OSHA standards.

• Comment 5: The training elements that are required in the NESHAP are all covered by training provided by the paint manufacturers. (5)

• Response: DEQ is aware that some paint manufacturers and paint suppliers are NESHAP RequirementsAttachment 7.2, pg. 11

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• already offering painter training. However, training offered by paint suppliers is typically voluntary. The NESHAP makes painter training mandatory for all auto body shops subject to the NESHAP. If an auto body shop is already getting training that meets the NESHAP requirements, compliance with the NESHAP training requirement will be straightforward
Comment 6: It appears that this rule adds another layer of recordkeeping that has no benefit. Small businesses cannot support paying someone to do nothing but duplicate paperwork for different government agencies. (5) Response; In adopting the federal rule, EPA noted that recordkeeping would be a burden on small businesses and limited it to those records that would provide a minimum level of information needed for an inspector to determine if a source is complying with the NESHAP. Recordkeeping is limited to painter certification records, spray booth filter efficiencies, spray gun manufacturer documentation (only if the source is using a spray gun other than the types listed in the NESHAP), usage of paint strippers containing McCI, and deviations from

. the NESHAP.
Comment 7: The rule does not apply to surface coating or paint stripping performed by individuals provided they coat no more than two vehicles per year. While I would prefer that number be increased, does DEQ's adoption of the federal rules retain the federal exemption? (7) Response: Yes, DEQ's adoption of the federal rules would retain the federal exemption of two vehicles per year.

Comment 8: I would like to see DEQ consider and develop a different set of requirements between urban and non-urban areas for regulating auto body/coating shops. At a minimum, DEQ should develop a phase in approach, regulating and learning from experience in regulating shops within Oregon's urban areas first (where the greatest threat resides), and then, and only after a finding of necessity, apply rules and procedures to rural (or non-metropolitan) Oregon. (7) Response: The federal NESHAP already applies in urban and rural Oregon. In adopting rules to implement the federal NESHAP, DEQ cannot delay the implementation of the NESHAP in rural Oregon.

Metal Fabrication 10. Lower Fee for Smaller Producers •

• Comment 1: I do not understand how a small company that might use a milling machine once a month and a company that uses one or multiple milling machines on a daily basis can be charged the same annual fee. (8) Response: The proposed fee level is based on the complexity of the NESHAP and therefore the cost of ensuring compliance with the NESHAP. The primary activities of ensuring compliance with the NESHAP are inspections and technical assistance. The inspection time should be similar for a business that uses a milling machine once a month and a business that uses a milling machine daily. In addition, it is expected that a business that uses a milling machine once a month may need a similar amount of technical assistance as a business that uses a milling machine daily. Registration as an Alternative to Permitting 11. Need for Registration •

• Comment 1: Every dry cleaner in the state is registered no matter what solvent they use. ( ') Response: The current approach to implementing the dry cleaning NESHAP could be viewed as a registration program. However, it does not provideAttachment 7.2, pg. 12

13. Funding of Environmental Performance - - Programs funding to implement the NESHAP and has resulted in a high level of noncompliance. The proposed permitting/registration program for dry cleaners would provide funding and increase the number of inspections and the level of compliance.

• Comment 2: We strongly support the registration option for businesses affected by the new NESHAPs. This option provides the greatest value for the participating businesses as well as DEQ, and will also produce the best results for Oregon's environment. (4)

• Response: DEQ agrees that registration provides the greatest value to participating businesses and , the requirement that registered business go above and beyond will produce the best results for Oregon's environment.

• Comment 1: No place in the rules does it state there should be a fee for registration, only that there should be registration. (3)

• Response: Air Quality's registration rules currently do not contain fees, because DEQ did not have the authority to charge registration fees. Senate Bill 103, approved by the legislature and signed by the governor in 2009, gives the EQC the authority to establish registration fees. With the addition of fees, DEQ would be able to use registration as an alternative to permitting for NESHAP implementation.

• Comment 2: OTA also supports DEQ's decision to automatically terminate a registration for which fees are more than 90 days past due. If a business owner were unable to contact DEQ and arrange for alternative payment arrangements in a timely manner, one would suspect that there might be other compliance problems as well. (10)

• Response: Thank you for your support. These same standards apply to our other air contaminant discharge permits.

• Comment 3: It should be verified that a dry cleaner has indeed changed ownership, and is not merely changing the name of the business in order to avoid the three-year waiting period to re-register. (10)

• Response: DEQ will make an effort to verify that a change of ownership is valid and not an effort to get around the three-year waiting period to re-register.

• Comment 1: Pollution Prevention Resource Center (PPRC), a non-profit/nonregulatory organization dedicated to pollution prevention, can approach businesses in a nonthreatening way: Businesses are often very willing to invite PPRC staff in to do awalk-through. (4)

• Response: DEQ appreciates the work that is done by the PPRC through the EcoBiz program.

« Comment 2: Since participation in EcoBiz offers benefits to companies, they are often pleased to become certified voluntarily. Benefits to companies include publicity in print advertising, press releases, web site coverage and occasional media events. Some shops document up to 20% new business through participation in environmental certification programs, as well as increased efficiency and cost savings. (4)

• Response: DEQ agrees that the EcoBiz program benefits participating businesses by increasing business, efficiency, and cost savings.

• Comment 3: The benefits of EcoBiz to the State of Oregon and the public are a cleaner environment and a third party standard they can rely upon as 12. Registration Fees

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• consumers. (4) Response: DEQ agrees that the EcoBiz program results in a cleaner environment for Oregonians. Comment 4: DEQ should work to fund certification programs for business sectors affected by the NESHAPs, especially in sectors that have a large number of small businesses. (4) Response: DEQ will work with the Pollution Prevention Resource Center (PPRC) to address resource issues once the proposed rules are finalized, Comment 5: Clean Water Services provided funding to PPRC to perform outreach and technical support to automotive shops within their service area. As a result, the number of certified shops in Washington County has increased by 30% in just eight months. It was less expensive for Clean Water Services to contract with PPRC than to hire staff to do the same work. (4) Response: As mentioned above, DEQ will work with the PPRC to address
resource issues that may result from an increase in the number of certified shops. Comment 6: The average amount of outreach and technical support time to get one shop EcoBiz certified is 9 hours. Currently DEQ does not have staff to do this work, and neither do any of the other EcoBiz team members. (4) Response: Revenue from the registration and permitting programs will be available for implementation of the autobody refinishing NESHAP. DEQ will work with PPRC to optimize the allocation of staff resources to compliance assurance work and EcoBiz, considering the number of new shops that opt to participate in EcoBiz. Comment 7: There are approximately 1600 auto body shops in Oregon. If a significant number of these opted for registration instead of permitting, the demand for support would be overwhelming. (4) Response: DEQ agrees that the demand for support could be significant. As mentioned above, DEQ will work with PPRC to address resource issues. Electric Power Generation and Emergency Generators 14. Permit Exemption for Smaller Units and Emergency Generators

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+ Comment 1: DEQ should revise Division 216, Table 1, Part C.4, such that units used exclusively as emergency generators and combustion units less than 500 kW are exempt from the requirement to obtain a permit. DEQ has proposed the same exemption in Division 216, Table 1, Part B.27. This change would align both aforementioned sections of Division 216 so they are consistent. (6) Response: DEQ will add the following exemption to the proposed rules as Division 216, Table 1, Part C. 4. d:: "Electrical power generation units used exclusively as emergency generators and units less than 500 kW."

General Comments 15. Dust Problems •

• Comment 1: A cement-loading yard in Bend is creating a dust cloud. After filing a complaint with DEQ, the cement company treated the lot. This year they are back to polluting our air. This can be easily solved by treating the lot on a yearly basis. This should be a rule and not take a complaint to be taken care of. (8) Response: There is a rule in place that should address this issue. OAR 340- 208-0210 requires a source to take reasonable precaution to prevent particulate matter from becoming airborne and lists treating the lot as a



### -Attachment 7.2, pg. 14

potential precaution. In addition, concrete plants are required to have a permit if they produce more than 5,000 cubic yards of concrete per year. Sources are required to use water to minimize fugitive dust from the roads, clean off the trucks to prevent track out, and use water sprays or filters to minimize dust when loading cement and aggregate into the trucks. DEQ conducts routine inspections of the facilities and investigates all complaints. There have been several complaints this year and the Eastern Region air quality staff have conducted several investigations including monitoring fugitive dust downwind from some of these sources.

List of People Submitting Comments (by Commenter Number) Number ! Name Organization Submit date
1 Leslie Kettenhofen Bob's Dry Cleaners & Laundry 8/2512009 2 Kathey Butters Korean American Dry Cleaners Association Oregon Dry Cleaners Association

.. 812 012 0 0 9

3 Clair Anchick Towne & Country Cleaners & Laundry 8/18/2009
4 Debra Taevs Pacific Northwest Pollution Prevention Resource Center 8/25/2009

5 Angie Frye Paul's Woodburn Collision Repair, Inc 8/24/2009
6 Max Hueftle, P.B. Lane Regional Air Protection Agency 8/20/2009
7 Kent Kelly 8/10/2009
8 Ruben Garmyn Prudential High Desert Realty 712 812 0 0 9

9 1 Judy A. Burcham-Howard Zmation, inc. 7/16/2009
10 Dona Marie Hippert Oregon Toxics Alliance 8126/2009

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