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 office

SIP 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, 2009
A
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 on

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 ofthese 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 reduged_annva1 £e- p-.for each permitattachmentrather 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 000003
Attachment 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) 229-6974
n ,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, 1f & 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. 3-14-02
Attachment 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 input
Attachment 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 ACDP
Attachment 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 similar

sources (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 into

the 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, ! • . .:: • . .. . ten; 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 Table2.

(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;

fB) 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;

fYjMetal 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

a d inee orated herein:

B al

(13) AQGP 002, D . - ; ... ; , .: ... , 2006);

(c) AQGP 003Halo , g enated solvent deg reasers batch cold (August 10 2001); ,

d A GP 001 H l t d l t d - -

m a .

( ) Q , a ogena e so ven egreases •..

(e) AGP 005 H l Q , a ogena et d so ven l t degreasers ba . !' - .

2008);

04 . n

le; 1 1 1 .

A •

.

! ! .. .. e t b c o er 17 2007) , ;

(h) A GP 008 R Q , ock crus e rs h (Oct ber 17 2007) o , ;

AQGP 009, Ready e .; .

(i) mix ooncret- 7

!

(j) AQGP 010Sawmills , , planing mills , millwork , plywood manufacturing and veneer drying (October

172007) , ;

(k) AQGP 011Boilers , (3etal^er 17 2007); ,

( )1 AQGP 012 C, rema or es (O c o t i t ber 17 2007) , ;

(m) AQGP 013 Gin , ra elevators (Aug ust 10 2001) , };

AQGP 011 Pre feedsflour 1 n 200-W;(n) , p ared , , and cereal (A-.grit ,

(o) AQGP 015 Seed , el aping (August 10 2001); ,

(p ) AQGP 016 C ff , o ee roa sters (Au g ust 10 2001) , };

A n ' I • e --

i-

_ . -. lip ^•

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

. n .: 4

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

(z) AQGP 024 Wood , preserving (December 12,. 2008):

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 , a e . The re erence f d Gen ra e lACDPs s p ecify that they are Fee Class Three-under-OAR

340 216 0020, Table 2.

NOTE: e A A'. : e e . e , 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. 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.

f2) 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 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 tep 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 PMI0 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. PMI0 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. 3-14-02
Attachment 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 3407 ?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 Manufacturing
Attachment 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

•17718. * 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

3-0732. * 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)

40742. *****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 Manufacturing
Attachment 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 source

were 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 Sources
Attachment 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 exclusivelyasemergency generatorsand units

less than 500 kW.

e. Gasoline dispensing facilities with exclusivelyabovegroundtanks,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

$1,200.001--

$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) FeeClass Six

(A) Low Fee

(B) High Fee

$360.00

$720.00 r,

$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

$12,000.00
Attachment 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 similar

sources (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 into

the 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 = 2e500 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.st 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) 229-6412
Attachment 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 December11.2009 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

OtherAuthority

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

publication

Attachment 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

,

^Qy1

tJ

rro

..

.t 4ua,U i.p °pQp9i. ^vtbat^

R?enttaf'^i{^(,l h iy.^^rl<'lgstgn sn^L ^^

"

+

q^

,.

ds ,%xtJla ';,•)it'Ip1aY61tom.u axN tOpl

Err;ISs tan lards;toe;N a oi!,e

:tptpr]ta {1ia8W1A )

co

?oryf or^,sourc^3

Dyfartm®n(isa

f

rl.popln tp;aiii d o rules to radpi aeaenErrrevtsjoas io TB(

i s lifKSHA ;:anO-MPburc . P or^rtance.'

lnil[larF7Fta9BSt{jFcx ctritlntar{si

:naQ^dfscharge4zamjrt.gyro9ram 4tt,40 a

tin0i4g r f I err atTfn3t1l to permrthng,.

O. to goo ng)1° d)Operfs

t rP rule l lr #m ! g:)o:brespn

uiu 1 ra ^t .5 ;.

,Th^ka•^i+^ tiR^e0^si21)'^fla(Siaif'^tiuil(_pr!•-

. •:s^t8^tte4{ito^}11]e iriS:Eny]jQntal;#j^gtec;`^ ..

tton':A^gaIecyr^.(Ef?1>^;fic at?{tEog?:ar as

.,a_.;';

re+ii i 3,£4EtiX '4talA^lrr1ptemerriahgCl, +la1i;-

w1 gh; ; ''E ir3gLir ilfahl:ot; ie to n Alrr

Akt a^ Cs>l^{! ^u4 ' t i i U r

t,' !_ ThaOepwit t

I6W IFP,h lp s,:

pnrthe prr?P9^ ^ rile Pb^^s9Q: umAlrpust• , 1] Me.a. t 6 : pyrh 111 Lg:o.cif4reitO, i o!ri:a R q ,tlA.'t0iPtfidO: 'A,tlf.a>O.;,,

4rAW19410;3Pti..nrt- ti gon; BLI00 f:: .

`1H<;gpgpttl3 A?qirrr:ii,th coltiergrce:

roi3sl.4t.14P•;tJf@4i' iris! ttc .22,1-: tewq'

art;Ave,, Sulta:201.4yleilfaedr,Qtc o i;;an0

.Aal ust,::oao.g.o.ag-m look 11: EW A;ap'. iti

c

1d , it} Hoar t }SEQ. Heed-.

g1erter Otll $ ,(;S fr6 .,A a ue^ RUn:. *irk 9tpg9 Oru,6.4nc v r iyerc t5I11 Its. . wilf.b4:. 'cep)W .,atjh# tiaartrig '

'P ' 'les ot; the tZropi od ruts ppelcage

racy PO.obadrted 7ronr--E 1e Air Q,itatiiy:plyi .

stop In Pcttlarid:> 1.1;,5W; )4i Ayenue;:i'41tt- -

lend,..Oi :472' 4„_or;1? .cQrfacting . 4erry.

Elygrsdio at .,(5U ,]:, 9-:s74r,.Wrtttan tcfsr

rripnte risy hg; t/n1itt dranyPm. aihea13ay aareas,,bri.t:must;bn roooi d no

I2IWr.t1-dn 5;00, p<rrt, prn Atlgusi26, tO09, '. ..

key; ,

-U 1:PAPiSH

.; . , ,grog atn' peve{°prp ilt l'Aanaflet,•

,Pate.' /8109.

,t rQuelIty t)Msinn.RttIs Ppgrilinator:

Published ;laty.f

5

200.9-; .' F1014871t8-7t.

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

Air 01101tttflMAN,

JUL g 0 2(109

OREGON DEPT. OF ENV. QUALITY

Attn: JERRY EBERSOLE

811 SW 6TH AVE.

Portland, OR 07204
Cusstonrer information,

Amount 12000862606

Q r£d BUSiness dice

811 SW 6AVE.,ATrNt Dee David AcCountilg,202a SW4 A'

Partiand OR 07204-7380 USA

Phone 5035-55&2

'Fax 503-225-5265

E-mail 1 idERSOLE.Geraid@deq.slale.Qf.US

Phone

PQ Number

50,3.,2a9-5662

Total Amount $29a.92 promo 0-Lsgal Ad .1x Ad Sfxe 1.0 X S5 L1

Payrn ant Amt $4.00 ilaghathj.aa Nona Color <NONE>

Amount Dus $29ai92 Attributes,

Payment Ms-Thad Sheets Tear Proofs Aft Idles. Bitnd i8oz F4aterials

0 0 1

Invor a Taxt AUG 18-21 2008 hearing notice

Q4re:Ail:Full Run G-1Vatloes-OtaaaNed MO-Public Notices

Rim Dates 7/14126 Qs

Sort Taxt NOTICEOFPUBUG1NEARINGONPROPOSEOAiRQVAUT

Run SohedStla invoice Text NOTICE OF PUBLIC HEARING ON PROPOSED NR

The Oregonian Order Confirmation for Act #0002594909

PavarirtformatTOn SakesRep.

Account* 2000062008 zzNpJcesl

DEQ Su-sine= Office

811 6 AVE,ATTN: Dee Dav[dIAcuounting,2020 SW4A

Portland OR 87204-1390 USA

Ordered 5%

Jam' EbOrSole

glace mist

C-Nantes - Otassiiisd

Posttlon

Oaauhilc Notices

Prodcrct:Editton:Zone Plaasmest ?maim

Ad Content Pr-pot;

01r

-p.

3n a

^^q

i ^q -

s rand dud did;

$7gr dt hSv^t Ine

TEA7mbr^lnt f

Wig Atat Median. a t^r:dasa

` starla Ito 1e fmplen:et

PZa wta d: T Jsar qPc e!git

Iaa AYn{t

^pq^s4

e

so ri

taitd ',rg AeeR hA it

nd,

Naetr

ElaAusue 14,

=demos

^gPS.at dad

am. O k . du!•al n^dw

nuts wit bs accept nt

al tilt prapsssi role park.

ArmttDtvn tai ^trvrmue, ar< i7R

rsala t Al -S 4. i

tm ]^e fs f er° ro^ 1 rreess, i mot he rr0s,ea kgr

eso.snAutral

,pro d u pt; Ed I tic n:Z nits

Oregan"ran:Ail:Fufi Run

Run Dates 71I412008

Sort Text NOMOSOFP(16LICHEARintGQNPROFOSE33AIRQltAi.t1YRULEAk1ENi?F;4ENTETHEOREGONDEAA#tTMENTOPEN t11RQt dE 11'ALQIJAITYISPROPOSINGTHATrFSEEid'

Run SclraduIe Ittvo=eeTest_ 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 to
Attachment 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 forsole! by the d cleanin o industry. D cleaners that
Attachment 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

Inspections
Attachment 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 ofperchloroethylene 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 paintstripper. 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

Requirements
Attachment 7.2, pg. 11

•

•

•

•

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 provide
Attachment 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
Attachment 7.2, pg. 13

•

•

•

•

•

•

•

•

•

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

}

=

•

+

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 712 812 009

9 1 Judy A. Burcham-Howard Zmation, inc. 7/16/2009

10 Dona Marie Hippert Oregon Toxics Alliance 8126/2009

_ -1___ -- ___--