Air Quality Division

811 SW 6 th Avenue Portland, OR 97204

Phone: (503) 2 29

- 6278 (800) 452

- 4011

Fax: (503) 229

- 5675

Contact: Brian Finneran; finneran.brian@deq.state.or.us www.oregon.gov/DEQ/

DEQ and the EQC have authority to add ress this

issue under OAR 340

- 011

- 0046, 137

- 001

- 0070, and ORS 468.020,
468A.025, 468A.035 and

468A.310 

# DEQ to P ropose D enial of PGE’s Petition to Amend Regional Haze Rules

Recommended action DEQ plans to recommend that the Oregon Environmental Quality Commission deny PGE’s petition to reduce the stringency of regional haze pollution controls for the PGE Board man coal

fueled electric generating plan t as part of a proposal to close the plant by Dec. 31, 2020

.

While DEQ supports an early shut down, the agency is interested in exploring a range of options and then proposing a rule allowing for early closur e. Accepting PGE’s petition would lock in only one approach as the starting point in the rule making.

DEQ plans to complete an evaluation of pollution control requirements consistent with an early shut down and all applicable federal requirements.

DEQ pl ans to recommend that the commission deny PGE’s petition at the June 17 th commission meeting.

DEQ and the commission are interested in hearing from the public and are opening a public comment period for written comments immediately until June 1. The comm ission will also hold a public hearing at its June 17 meeting

and take oral comments.

If the commission denies the petition, DEQ will

p ropose revised regional haze rules for

consideration at the commission’s meeting in December 2010 following a complete rulemaking process that would include stakeholder meetings, a n advisory committee meeting, a public comment period, and one or more public hearings.

How to c omment

C omments are invited on DEQ’s plan to recommend denial of PGE’s petition

.

Public comments at this time should focus only on DEQ’s plan to recommend den ial of PGE’s petition

. If the commission decides to accept the recommendation and initiate a rulemaking, DEQ will begin another public process to discuss and take comments on any rulemaking propo sal.

Pursuant to OAR 137

- 001

- 0070(3), public comment is also invited on the regional haze pollution control rules applicable to the

Boardman plant ( OAR 340

- 223

- 0030 and 340

- 223

- 0040) , and on whether options exist for achieving the substantive goals of the rules in a way that reduces the negative economic impact

on businesses.

C omments may be submitted in writing via mail,

fax or e

- mail at any time prior to the comment

deadli ne of 5:00 pm, June 1, 2010. Oral comments may be provided at the c ommission’s meeting on June 1 7 , 2010.

Written comments may be emailed to PGErulepetition@deq.state.or.us , mailed or

faxed to Brian Fin neran, Oregon DEQ, Air Quality Division, 811 SW 6 th Avenue, Portland, Oregon 97204, fax: (503) 229

- 5675, and phone (503) 229

- 6278, or toll

- free in Oregon at 1

- 800

- 452

- 4011.

DEQ sends an auto

- acknowledgment for e

- mail

comments , which must be limited to 10 MB

, including attachments

. C ontact DEQ staff you do not receive an automatic response, or the

comments and attachments exceed th e limit. If there is a delay between servers, e

- mails may not

be received before the deadline.

Why might rule changes be needed? PGE proposes to shut down the Boardman coal

fired power plant by the end of 2020. The early shutdown date affects the pollution control requirements for the plant, and may allow for less stringent controls due to early shutdown.

Federal law requires the commission to determine the pollution control requirements based upon a number of factors, including cost. A plant that operates longer can spread the cost of pollution controls over more years, and may be required to install certain cont rols, while the same controls might not be required for a plant that operates for fewer years.

Who may be affected? PGE, persons who live and recreate in areas impacted by the coal

- fired power plant, as well as PGE rate payers.

Why wasn’t early closure incorporated into the regional haze rules?

The commission received comments from PGE during the 2009 regional haze rulemaking requesting alternative pollution control 

# Public Comment Invitedtechnology requirements based on early closure of the Boardman plant. The commission did not grant the request in the rules it adopted because PGE’s request did not include a complete pollution control analysis for early closure as required by federal law . The commission did, however, commit to take action on a future request by PGE to revise the rules based on an early shut down of the plant provided PGE

submit s a complete pollution control analysis.

On April 2, 2010, PGE submitted a petition to amend the regional haze rules based on early

closure. PGE’s petition for revising the regional

haz e rules can be reviewed online or at DEQ’s office at 811 S.W. 6th Avenue, Portland, Oregon. See also DEQ ’s website

. Please contact

Brian Finneran for times when the documents are

available for review.

Additional materials available

OAR 340

- 011

- 0046

OAR 137

- 001

- 0070

These Oregon Administrative Rules govern how

the c ommission must respond to petitions to

amend its administrative rules

.

Public hearing on June 17 A public hearing will be held in Lakeview at the Environmental Quality Commission’s regularly scheduled meeting on June 1 7 in Lakeview, OR . The hearing will begin at 8:30

a.m. with a brief overview of the proposed action, followed by the opportunity for members of the public to provide oral comment to the

c ommission prior to the c ommission’s action on PGE’s petition and DEQ’s recommendations.

Elk’s Lodge

323 N F St. Lakeview, Oregon

For convenience, DEQ will have conference

rooms available at its offices in Bend, Eugene, Medford, Portland and Pendleton equipped to
allow the public to provide oral comments. Peopl e who wish to comment before the commission are encouraged to choose the nearest

location:

Bend

Main Conference Room

475 NE Bellevue

Eugene

Willamette Conference Room

165 East 7th Avenue, Suite 100 Medford

Main Conference Room 221 Stewart Avenue, Suite 201

Pendleton:

Main conference room 700 SE Emigrant, #330

Portland:

Conference room EQC A

10 th Floor

811 SW 6 th Avenue

The Dalles DEQ office at Columbia Gorge Community Coll ege 400 E Scenic Drive, Building 2

Written comment deadline: June 1, 2010 All written comments are due to DEQ by 5 p.m.,
June 1, 2010. DEQ cannot consider written comments from any party received after the deadline for public comment. Oral comments

will b e considered at the c ommission’s meeting

on June 1 7 , 2010.

How will the c ommission take action on

the p etition and DEQ’s

recommendations? DEQ will prepare a response to all comments received during the written comment period and may modify its proposed re commendations accordingly. DEQ plans to recommend that the

c ommission deny PGE’s petition, but initiate a subsequent rulemaking to revise the regional

haze rules and establish the proper level of pollution control requirements for the Boardman plant as par t of an early shut down

. The

c ommission will take action on the petition and DEQ’s recommendation s at the June 1 7 , 2010 meeting in Lakeview after the public hearing.

Accessibility information DEQ is committed to accommodating people

with disabilities. Ple ase notify DEQ of any special physical or language accommodations or if you need information in large print, Braille or another format. To make these arrangements, contact DEQ Communications and Outreach at (503) 229

- 5696 or call toll

- free in Oregon at (80 0) 452

- 4011; fax to (503) 229

- 6762; or e

- mail deqinfo@deq.state.or.us

.

People with h earing impairments may call 711.