1

Attachment B-Infrastructure SIP

Submittal for Purposes of Clean

Air Act Sections 110(a)(1) and

(a)(2) for the 2012 PM 2.5 NAAQS

May 12, 2015

Submitted by: Oregon Department of Environmental Quality

Date Submitted: June 9, 2015

Subject: CAA sections 110(a)(2), (a)(2)(A-M); SIP

Infrastructure Elements for the 2012

PM 2.5 NAAQS

Environ

mental 

Solution

s

Air 

Planning

811 SW 

6th 

Avenue

Portland, 

OR 97204

Phone:

(503) 229-

5696

(800) 452-

4011

Fax:

(503) 229-

6762

Contact: 

Nancy 

Cardwell

 

 

 

 

 
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Attachment B: Infrastructure SIP Submittal

CAA section 110(a)(2)(A)-(M) Requirements Checklist

Section 110(a) Element Summary of Element How Addressed 

PM 2.5 Definition Oregon’s definition of particulate 

matter (PM) includes all PM captured 

by EPA test methods including PM2.5. 

See OAR 340-200-0020(110) below.

Oregon Revised Statutes:

ORS 468 Environmental Quality General

ORS 468.020 Rules and Standards. Requires 

public hearing on any proposed rule or 

standard prior to adoption 

ORS 468A Air Quality

ORS 468A.025 Air Purity Standards; Air 

Quality Standards; Treatment and Control of 

Emissions; Rules. Requires controls 

necessary to achieve ambient air quality 

standards and prevent significant impairment 

of visibility.

ORS 468A.035 General Comprehensive 

Plan. Requires DEQ to develop a general 

comprehensive plan for the control or 

abatement of air pollution.

ORS 468A.055 Notice Prior to Construction 

of New Sources; Order Authorizing or 

Prohibiting Construction; Effect of No 

Order; Appeal

ORS 468A.070 Measurement and Testing of 

Contamination Sources; Rules

Oregon Administrative Rules:

OAR 340-200-0020 General Air Quality 

Definitions 

(110) "Particulate matter" means all finely 

divided solid or liquid material, other than 

uncombined water,

emitted to the ambient air as measured by the 

test method specified in each applicable rule, 

or where not

specified by rule, in the permit. 

(120) "PM2.5":
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Attachment B: Infrastructure SIP Submittal

CAA section 110(a)(2)(A)-(M) Requirements Checklist

Section 110(a) Element Summary of Element How Addressed 

(a) When used in the context of direct PM2.5

emissions, means finely divided solid or 

liquid material, including

condensable particulate, other than 

uncombined water, with an aerodynamic 

diameter less than or equal to a

nominal 2.5 micrometers, emitted to the 

ambient air as measured by the test method 

specified in each applicable

rule or, where not specified by rule, in each 

individual permit

(b) When used in the context of PM2.5

precursor emissions, means sulfur dioxide 

(SO2) and nitrogen oxides

(NOx) emitted to the ambient air as 

measured by the test method specified in 

each applicable rule or, where not

specified by rule, in each individual permit.

(c) When used in the context of ambient 

concentration, means airborne finely divided 

solid or liquid

material with an aerodynamic diameter less 

than or equal to a nominal 2.5 micrometers 

as measured under 40 CFR Part 50, 

Appendix L, or an equivalent method 

designated under 40 CFR Part 53.

OAR 340-200-0020 (Table 1) Significant Air 

Quality Impact. Establishes Significant Air 

Quality Impact Levels for criteria pollutants.

OAR 340-250 General Conformity

 - 0030 General Conformity Definitions 

 (22) "National ambient air quality 

standards" or "NAAQS" means those 

standards established pursuant to Section 109 

of the Act and include standards for carbon 

monoxide (CO), lead (Pb), nitrogen dioxide 

(NO2), ozone, particulate matter (PM10), and 

sulfur dioxide (SO2). 
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Attachment B: Infrastructure SIP Submittal

CAA section 110(a)(2)(A)-(M) Requirements Checklist

Section 110(a) Element Summary of Element How Addressed 

§110(a)(2)(A)

Emission limits & other 

control measures

Include enforceable emission limitations 

and other control measures, means, or 

techniques (including economic 

incentives such as fees, marketable 

permits, and auctions of emissions 

rights), as well as schedules and 

timetables for compliance as may be 

necessary or appropriate to meet the 

applicable requirements of this Act.

Oregon Revised Statutes:

ORS 468 Environmental Quality Generally; 

Public Health and Safety; General 

Administration

ORS 468.020 Rules and Standards. Requires 

public hearing on any proposed rule or 

standard prior to adoption 

ORS 468A Air Quality, Public Health and 

Safety, Air Pollution Control

ORS 468A.010 Policy. Calls for joint 

responsibility for “a coordinated statewide 

program of air quality control and to allocate 

[responsibility] between the state and the 

units of local government . . . .”

ORS 468A.015 Purpose of air pollution laws 

ORS 468A.020 Rules and Standards. Gives 

Environmental Quality Commission (EQC) 

authority to adopt rules and standards to 

perform function vested by law. 

ORS 468A.025 Air Purity Standards; Air 

Quality Standards; Treatment and Control of 

Emissions; Rules: EQC may establish...

-(1) areas of state and prescribe air 

pollution & contamination levels

-(3) air quality standards including 

emission standards

-(4) emission treatment and control 

provisions

ORS 468A.035 General Comprehensive 

Plan. Oregon Department of Environmental 

Quality (DEQ) shall develop a general 

comprehensive plan for the control or 

abatement of air pollution
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Attachment B: Infrastructure SIP Submittal

CAA section 110(a)(2)(A)-(M) Requirements Checklist

Section 110(a) Element Summary of Element How Addressed 

ORS 468A.040 Permits; Rules. Provides that 

the EQC may require permits for air 

contamination sources, type of air 

contaminant, or specific areas of the State.

ORS 468A.045 Activities Prohibited 

Without Permit; Limit on Activities with 

Permit

ORS 468A.050 Classification of Air 

Contamination Sources; Registration and 

Reporting; Registration and Reporting of 

Sources; Rules; Fees

ORS 468A.055 Notice Prior to Construction 

of New Sources; Order Authorizing or 

Prohibiting Construction; Effect of No 

Order; Appeal

ORS 468A.070 Measurement and Testing of 

Contamination Sources; Rules

ORS 468A.085 Residential Open Burning of 

Vegetative Debris. Provides authority to 

regulate open burning of vegetative debris 

from residential yard cleanup based on air 

quality and meteorological conditions as 

determined by DEQ.

ORS 468A.310 Federal operating permit 

program approval; rules; content of plan 

ORS 468A.315 Emission Fees for Major 

Sources; Base Fees; Basis of Fees; Rules

ORS 468A.350 - .455 Motor Vehicle 

Pollution Control. Provides authority to 

implement emissions reductions programs 

related to motor vehicles.

ORS 468A.460 -.520 Woodstove Emissions 

Control. Provides authority to control, reduce 

and prevent air pollution caused by solid fuel 

burning devices.
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Attachment B: Infrastructure SIP Submittal

CAA section 110(a)(2)(A)-(M) Requirements Checklist

Section 110(a) Element Summary of Element How Addressed 

ORS 468A.550 -.620 Field Burning and 

Propane Flaming. Provides authority to 

regulate field burning and propane flaming 

including permits, inspections and penalties.

ORS 468A.625-.645 Chlorofluorocarbons 

and Halon Control

ORS 468A.650-.660 Aerosol Spray Control

ORS 468A.990 Penalties 

ORS 815 Vehicle Equipment Generally; 

Oregon Vehicle Code; General Provisions 

Oregon Administrative Rules:

OAR 340-200 General Air Pollution 

Procedures and Definitions, General

 - 0020 General Air Quality 

Definitions Defines “Criteria Pollutant” at 

(31) as nitrogen oxides, volatile organic 

compounds, particulate matter, PM10, 

PM2.5, sulfur dioxide, carbon monoxide, or 

lead. Also specifically defines NOx and 

SO2 as precursors to PM2.5 at (71), and 

NOx and VOCs as precursors to ozone at 

(71). Defines significant emissions rates, de 

minimis emission levels, and plant site 

emission rates for specific air pollutants and 

precursors.

 - 0020 TABLE 1: Significant Air 

Quality Impact

OAR 340-202 Ambient Air Quality 

Standards and PSD Increments. Defines 

ambient air quality standards for all NAAQS. 

Specifies PSD increments & ceilings.

 - 0060 Suspended Particulate Matter 

 - 0210 Ambient Air Increments, Table 1: 

Maximum Allowable Increase: 

 - 0220 Ambient Air Ceilings 
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Attachment B: Infrastructure SIP Submittal

CAA section 110(a)(2)(A)-(M) Requirements Checklist

Section 110(a) Element Summary of Element How Addressed 

OAR 340-204 Designation of Air Quality 

Areas. Designates air quality areas in 

Oregon: Air Quality Control Regions and 

nonattainment, maintenance, PSD, special 

control, motor vehicle inspection boundary 

and oxygenated gas control areas.

OAR 340-216 Air Contaminant Discharge 

Permits. Federally-enforceable state 

operation permit program. This rule also 

serves as the administrative permit 

mechanism used to implement the major and 

minor new source review programs. The 

SIP-approved minor NSR program applies 

major source NSR-PSD requirements to any 

source with emissions over the significant 

emission rate. 

OAR 340-222 Stationary Source Plant Site 

Emission Limits. Establishes criteria and 

method for regulating plant site emission 

limits of permit holders, to protect ambient 

air quality standards, PSD increments & 

visibility 

OAR 340-224 New Source Review. 

Establishes permit program for major new 

and modified

OAR 340-226 General Emission Standards. 

Requires highest and best practicable 

treatment and control, consideration of 

impact of selected control methods, typically 

achievable control technology. Includes 

operating & maintenance and grain loading 

requirements, and additional control 

requirements for stationary sources of air 

contaminants.

- 0210 Particulate Emission Limitations 

for Sources Other Than Fuel Burning 

and Refuse Burning Equipment 

 - 0400 Alternative Emission Controls 

(Bubbles) 
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Attachment B: Infrastructure SIP Submittal

CAA section 110(a)(2)(A)-(M) Requirements Checklist

Section 110(a) Element Summary of Element How Addressed 

OAR 340-228 Requirements for Fuel 

Burning Equipment and Fuel Sulfur Content

OAR 340-232 Emission Standards for VOC 

Point Sources 

OAR 340-234 Emission Standards for Wood 

Products Industries: Emission limitations

- 0210(2) Particulate Matter

- 0500-0530 Board Products Industries

OAR 340-236 Emission Standards for 

Specific Industries: Emission Limits 

OAR 340-240 Rules For Areas With Unique 

Air Quality Needs. This division limits 

visible and particulate matter emissions and 

sets requirements for operation and 

maintenance plans for the Medford-Ashland, 

Grants Pass, La Grande & Lakeview areas. 

OAR 340-242 Rules Applicable to the 

Portland Area

- 0010-0290 Employee Commute Options 

(ECO) Program. Requires larger 

employers to provide commute options to 

encourage employees to reduce auto trips 

to the work site.

-300-0390 Voluntary Maximum Parking 

Ratio Program. Encourages property 

owners to voluntarily locate and design 

facilities that need less parking by 

building in a more pedestrian, bicycle and 

transit friendly manner. Includes 

incentives (#0340)

-0400-0440 Industrial Emission 

Management Program. Applies to VOC 

and NOx sources and to new major 

sources and major modifications that emit 

CO in Portland Metro area. Includes 

Unused PSEL Donation Program and 

Industrial Growth Allowance (incentives)
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Attachment B: Infrastructure SIP Submittal

CAA section 110(a)(2)(A)-(M) Requirements Checklist

Section 110(a) Element Summary of Element How Addressed 

- 0500-0520 Gasoline Vapors from 

Gasoline Transfer and Dispensing 

Operations 

- 0600-0630 Motor Vehicle Refinishing

- 0700-0750 Spray Paint

 

OAR 340-250 General Conformity. 

Implements requirements under Section 

176(c) of the Clean Air Act with respect to 

the conformity of general federal actions to 

the applicable implementation plan 

 - 0020 Applicability 

 - 0030 Definitions 

OAR 340-252 Transportation Conformity.

Establishes policy, criteria, and procedures 

for demonstrating and assuring conformity of 

planning activities to an applicable 

implementation plan developed pursuant to 

section 110 and Part D of the CAA.

OAR 340-256 Motor Vehicles. Air pollution 

control for mobile sources including motor 

vehicle inspection and maintenance program 

and fee schedule (fees: 340-256-0320).

 - 0010 Definitions 

 - 0350 Light Duty Motor Vehicle 

Emission Control Test Method for Enhanced 

Program 

 - 0410 Light Duty Motor Vehicle 

Emission Control Standards for Enhanced 

Program 

OAR 340-258 Motor Vehicle Fuel 

Specifications. Regulates motor vehicle fuel 

content standards, operating permits, 

recordkeeping & reporting persons or 

facilities who sells or otherwise markets 

gasoline for use in motor vehicles. 

OAR 340-262 Residential Wood 

heating. Regulates woodstove sales, 

certification, and removal. Establishes a 
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Attachment B: Infrastructure SIP Submittal

CAA section 110(a)(2)(A)-(M) Requirements Checklist

Section 110(a) Element Summary of Element How Addressed 

program for curtailing wood burning to be 

implemented as a control strategy. 

OAR 340-266 Field Burning Rules 

(Willamette Valley). Applies to the open 

field burning, propane flaming, and stack 

and pile burning of all perennial and annual 

grass seed and cereal grain crops, and 

associated residue within the Willamette 

Valley. 

OAR 340-268 Emission Reduction Credits 

(ERC). Addresses creation and banking of 

Emission Reduction Credits.

a§110(a)(2)(B)

Ambient air quality 

monitoring & data analysis 

system

Provide for establishment and operation 

of appropriate devices, methods, 

systems, and procedures necessary to (i) 

monitor, compile, and analyze data on 

ambient air quality, and (ii) upon 

request, make such data available to the 

Administrator; 

Oregon Revised Statutes:

ORS 468 Environmental Quality Generally; 

Public Health and Safety; General 

Administration

ORS 468.020 Rules and Standards. Requires 

public hearing on any proposed rule or 

standard prior to adoption. 

ORS 468A Air Quality, Public Health and 

Safety, Air Pollution Control

ORS 468A.025 Air Purity Standards; Air 

Quality Standards; Treatment and Control of 

Emissions; Rules. Requires controls 

necessary to achieve ambient air quality 

standards and prevent significant impairment 

of visibility.

ORS 468.035 (a-e, m) Functions of the 

Department. Authority to conduct & 

supervise inquiries and programs to assess 

and communicate air conditions and to 

obtain necessary resources (assistance, 

materials, supplies, etc.) to meet these 

responsibilities.
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Attachment B: Infrastructure SIP Submittal

CAA section 110(a)(2)(A)-(M) Requirements Checklist

Section 110(a) Element Summary of Element How Addressed 

ORS 468A.055 Notice Prior to Construction 

of New Sources; Order Authorizing or 

Prohibiting Construction; Effect of No 

Order; Appeal

ORS 468A.070 Measurement and Testing of 

Contamination Sources; Rules. Authority to 

establish a measurement and testing program 

pursuant to rules adopted by the EQC.

Oregon Administrative Rules:

OAR 340-200 General Air Pollution 

Procedures and Definitions. Defines 

“Criteria Pollutant” at (31) as nitrogen 

oxides, volatile organic compounds, 

particulate matter, PM10, PM2.5, sulfur 

dioxide, carbon monoxide, or lead. Also 

specifically defines NOx and SO2 as 

precursors to PM2.5 at (71), and NOx and 

VOCs as precursors to ozone at (71). Defines 

significant emissions rates, de minimis 

emission levels, and plant site emission rates 

for specific air pollutants and precursors

DEQ Reports:

2013 Oregon Annual Ambient Air 

Monitoring Network Plan. Submitted to 

Environmental Protection Agency, Region 

10 in June of 2013. For more information, 

see: http://www.deq.state.or.us/aq/forms/201

3AQMonNetPlan.pdf

NOTE: A comprehensive air quality 

monitoring plan, intended to meet the 

requirements of 40 CFR part 58, was 

submitted by DEQ on December 27, 1979 

(40 CFR 52.1970) and was approved by the 

EPA on March 4, 1981 (46 FR 15136). The 

air quality monitoring plan is updated every 

year to reflect the latest monitoring network, 

with the most recent submittal dated July 1, 

2014 and approved by the EPA on October 
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Attachment B: Infrastructure SIP Submittal

CAA section 110(a)(2)(A)-(M) Requirements Checklist

Section 110(a) Element Summary of Element How Addressed 

30, 2014. The next update will be submitted 

to EPA in 2015.This plan includes, among 

other things, the locations for the nitrogen 

dioxide monitoring network. Oregon 

provides an annual air quality data report to 

the public on the DEQ website 

at: http://www.deq.state.or.us/aq/forms/annrpt.

htm. Oregon sends real time air monitoring 

information for ozone, particulate matter, 

and carbon monoxide to EPA’s AIRNow 

web page at http://www.airnow.gov and also 

provides the information on the ODEQ Air 

Quality Index (AQI) website 

at http://www.deq.state.or.us/aqi . 

§110(a)(2)(C)

Program to enforce control 

measures, regulate 

modification & construction 

of stationary sources and a 

permit program

Include a program to provide for the 

enforcement of the measures described 

in subparagraph (A) and regulation of 

the modification and construction of any 

stationary source within the areas 

covered by the plan as necessary to 

assure that national ambient air quality 

standards are achieved, including a 

permit program as required in parts C 

and D of this subchapter;

Two elements identified in section 110(a)(2) 

include requirements that are not governed 

by the 3-year submission deadline of section 

110(a)(1). The requirements pertain to part 

D, of title I of the CAA, which addresses plan 

requirements for nonattainment areas. 

Therefore, the following section 110(a)(2) 

elements are considered by EPA to be 

outside the scope of

infrastructure SIP actions: (1) section 

110(a)(2)(C) to the extent it refers to permit 

programs (known as "nonattainment new 

source review") required under part D; and 

(2) section 110(a)(2)(I) in its entirety. EPA 

does not expect infrastructure SIP submittals 

to include regulations or emission limits 

developed specifically for attaining the 

relevant standard. Those submittals are due 

at the time the nonattainment area planning 

requirements are due (18 months following 

designation). 

Oregon Revised Statutes:

ORS 183.415 Notice of right to hearing

ORS 183.745 Civil penalty procedures; 

notice; hearing; judicial review; exemptions; 

recording; enforcement
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Attachment B: Infrastructure SIP Submittal

CAA section 110(a)(2)(A)-(M) Requirements Checklist

Section 110(a) Element Summary of Element How Addressed 

ORS 468 Environmental Quality Generally; 

Public Health and Safety; General 

Administration

ORS 468.020 Rules and Standards. Requires 

public hearing on any proposed rule or 

standard prior to adoption 

ORS 468.035 (j, k) Functions of the 

Department

-j) Shall seek enforcement of state air 

quality pollution laws

-k) Shall compel compliance with any 

rule, standard, order, permit or condition

ORS 468.065 Issuance of Permits; Consent; 

Fees; Use. Provides authority and 

requirements to DEQ for issuing permits, the 

content of those permits, fee schedules, and 

reporting.

ORS 468.070 Denial, Modification, 

Suspension or Revocation of Permits. 

Provides authority to deny, modify, suspend 

or revoke a permit if ODEQ finds a material 

misrepresentation or false statement in the 

application; failure to comply with the 

permit; or violation of an applicable law, 

rule, standard or order. ODEQ may also 

modify a permit if it is necessary for the 

proper administration, implementation or 

enforcement of the provisions in applicable 

laws.

ORS 468.090-.140 Enforcement. Provides 

DEQ with authority to investigate 

complaints, investigate and inspect sources 

for compliance, access records, commence 

enforcement procedures, and impose civil 

penalties. 

ORS 459A.590 Use, management, disposal 

and resource recovery; rules
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Attachment B: Infrastructure SIP Submittal

CAA section 110(a)(2)(A)-(M) Requirements Checklist

Section 110(a) Element Summary of Element How Addressed 

ORS 459A.595 Use for dust suppression or 

as herbicide

ORS 468.920-.963 Environmental Crimes. 

Authorizes and provides categories related to 

criminal enforcement and associated fines.

ORS 468.996-.997 Civil Penalties. Provides 

additional penalties for persons who 

intentionally or recklessly violate provisions 

of specific chapters of ORS, including 468 

and 468A or any rule, standard, or order 

pursuant to ORS 468 and 468A “which 

results in or creates the imminent likelihood 

for an extreme hazard to the public health or 

which causes extensive damage to the 

environment.” 

ORS 468A Air Quality, Public Health and 

Safety, Air Pollution Control

ORS 468A.025 Air Purity Standards; Air 

Quality Standards; Treatment and Control of 

Emissions; Rules. Requires controls 

necessary to achieve ambient air quality 

standards and prevent significant impairment 

of visibility.

ORS 468A.035 General Comprehensive 

Plan. Requires DEQ to develop a general 

comprehensive plan for the control or 

abatement of air pollution.

ORS 468A.040 Permits; Rules. EQC may 

require permits for air contamination 

sources, etc.

ORS 468A.045 Activities Prohibited 

Without Permit; Limit on Activities With 

Permit. Prohibits any person from 

discharging, emitting or allowing to be 

discharged or emitted any air contaminant 

for which a permit is required. Prohibits 

construction, installation, modification, 
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Attachment B: Infrastructure SIP Submittal

CAA section 110(a)(2)(A)-(M) Requirements Checklist

Section 110(a) Element Summary of Element How Addressed 

operation, increase in emissions, etc. of any 

air contamination source for which a permit 

is required. 

ORS 468A.050 Classification of Air 

Contamination Sources; Registration and 

Reporting; Registration and Reporting of 

Sources; Rules; Fees

ORS 468A.055 Notice Prior to Construction 

of New Sources; Order Authorizing or 

Prohibiting Construction; Effect of No 

Order; Appeal. Provides authority to EQC 

(or DEQ) to establish notice requirements 

prior to construction of new sources, issue 

orders to prohibit the construction of a new 

source, and lays out an appeal process.

ORS 468A.070 Measurement and Testing of 

Contamination Sources; Rules

ORS 468A.310 Federal operating permit 

program approval; rules; content of plan 

ORS 468A.990 Penalties for air pollution 

offenses. Establishes that violations of any 

rule or standard or order issued by a regional 

authority relating to air pollution is a Class A 

misdemeanor and that each day of violation 

of constitutes a separate offense.

Oregon Administrative Rules:

OAR 340-012 Enforcement Procedure and 

Civil Penalties. Establishes enforcement 

actions to encourage compliance with 

environmental regulations and to protect 

public health & the environment.

OAR 340-202 Ambient Air Quality 

Standards and PSD Increments. Defines 

ambient air quality standards for all NAAQS. 

Specifies PSD increments & ceilings.

- 0060 Suspended Particle Matter
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Attachment B: Infrastructure SIP Submittal

CAA section 110(a)(2)(A)-(M) Requirements Checklist

Section 110(a) Element Summary of Element How Addressed 

- 0120 Ambient Air Increments 

OAR 340-210 Stationary Source Notification 

Requirements. Establishes registration 

requirements for stationary air contaminant 

sources not subject to ACDP or title V 

permits and regulates construction & 

modification of these sources and air 

pollution control equipment.

OAR 340-214 Stationary Source Reporting 

Requirements. Establishes reporting 

requirements for stationary sources, and 

requires recordkeeping on the nature, type 

and amount of emissions. 

 - 0120 Enforcement of Reporting 

requirements 

 - 0350 Enforcement action criteria for 

excess emissions 

OAR 340-216 Air Contaminant Discharge 

Permits (ACDP). Federally-enforceable state 

operation permit program. This rule also 

serves as the administrative permit 

mechanism used to implement the major and 

minor new source review programs. The 

SIP-approved minor NSR program applies 

major source NSR-PSD requirements to any 

source with emissions over the significant 

emission rate. 

OAR 340-224 Major New Source Review. 

Regulates construction and modification of 

proposed major sources within 

nonattainment & maintenance areas and 

federal major sources and modifications 

within attainment & unclassified areas. 

NOTE: EPA most recently approved 

revisions to Oregon’s PSD program on 

December 27, 2011 (76 FR 80747). 

§110(a)(2)(D)(i)(I)

Interstate transport as it 

relates to significant 

Contain adequate provisions

 (i) prohibiting, consistent with the 

provisions of this subchapter, any 

CAA section 110(a)(2)(D)(i)(I) Interstate 

Transport as it relates to significant 
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Attachment B: Infrastructure SIP Submittal

CAA section 110(a)(2)(A)-(M) Requirements Checklist

Section 110(a) Element Summary of Element How Addressed 

contribution to nonattainment 

and interference with 

maintenance

source or other type of emissions 

activity within the state from emitting 

any air pollutant in amounts which will

 (I) contribute significantly to 

nonattainment in, or interfere with 

maintenance by, any other state with 

respect to any such national primary or 

secondary ambient air quality standard, 

or

 

contribution to nonattainment and 

interference with maintenance:

The Oregon SIP infrastructure addressing the 

Interstate transport of PM 2.5 is attached. 

Note: The interstate transport report also 

addresses the interstate transport of Lead 

(Pb), Nitrogen Dioxide (NO2), and Sulfur 

Dioxide (SO2). The Department’s 2013 

updates to the SIP for Pb, NO2, and SO2 did 

not address interstate transport for these 

pollutants pending a US Supreme Court 

decision. 

§110(a)(2)(D)(i)(II)

Interstate transport as it 

relates to PSD and visibility

(II) interfere with measures required to 

be included in the applicable 

implementation plan for any other State 

under part C of this subchapter to 

prevent significant deterioration of air 

quality or to protect visibility, 

Oregon’s Administrative Rules are 

consistent with federal requirements per 

Appendix N of 40 CFR 50 pertaining to the 

notification of interstate pollution abatement. 

Oregon rules and statutes that specifically 

address CAA section 110(a)(2)(D)(i)(II) 

Interstate transport as it relates to PSD: 

Oregon Revised Statutes:

ORS 468 Environmental Quality Generally; 

Public Health and Safety; General 

Administration

ORS 468A Air Quality, Public Health and 

Safety, Air Pollution Control

Oregon Administrative Rules:

OAR 340-200 General Air Pollution 

Definitions and Procedures. Defines general 

air pollution terms. 

 - 0020 General Air Quality Definitions

 (6) “Affected States” Specifies 

neighboring states.
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Attachment B: Infrastructure SIP Submittal

CAA section 110(a)(2)(A)-(M) Requirements Checklist

Section 110(a) Element Summary of Element How Addressed 

OAR 340-202 Ambient Air Quality and PSD 

Increments. Defines ambient air quality 

standards for all NAAQS. Specifies PSD 

increments & ceilings.

 - 0210 Ambient Air Increments, Table 1

- 0220 Ambient Air Ceilings 

OAR 340-209 Public Participation. Specifies 

the requirements for notifying the public of 

certain permit actions and providing an 

opportunity for the public to participate in 

those permit actions.

 - 0060 Persons Required to be Notified. 

Includes state notification.

OAR 340-216 Air Contaminant Discharge 

Permits (ACDP). Federally enforceable state 

operation permit program. This rule also 

serves as the administrative permit 

mechanism used to implement the major and 

minor new source review (NSR) programs. 

The SIP-approved minor NSR program 

applies major source NSR-PSD requirements 

to any source with emissions over the 

significant emission rate.

OAR 340-223 Regional Haze Rules: 

Establishes requirements for certain 

industrial sources that contribute to regional 

haze in Class I areas, for the purpose of 

implementing Best Available Retrofit 

Technology requirements. 

NOTE: On December 9, 2011, the Oregon 

Environmental Commission adopted 

revisions to regional haze. These 

amendments were submitted as a SIP 

revision to the EPA on December 14, 2010. 

On July 5, 2011, the EPA approved portions 

of the Oregon Regional Haze SIP including 

the requirements for best available retrofit 

technology (BART) (76 FR 38997). The 

EPA approved the remaining elements of the 
19

Attachment B: Infrastructure SIP Submittal

CAA section 110(a)(2)(A)-(M) Requirements Checklist

Section 110(a) Element Summary of Element How Addressed 

Oregon Regional Haze SIP on August 22, 

2012 (77 FR 50611).

OAR 340-224 New Source Review. 

Regulates construction and modification of 

proposed major sources within 

nonattainment, maintenance and reattainment areas and federal major sources 

and modifications within attainment, 

unclassified and sustainment areas. 

NOTE: EPA most recently approved 

revisions to Oregon’s PSD program on 

December 27, 2011 (76 FR 80747). 

Oregon rules and statutes that specifically 

address CAA section 110(a)(2)(D)(i)(II) 

Interstate transport as it relates to visibility: 

§110(a)(2)(D)(ii)

Interstate and international 

pollution

(ii) insuring compliance with the 

applicable requirements of sections 126 

and 115 (relating to interstate and 

international pollution abatement);

Oregon Revised Statutes:

ORS 468.020 Rules and Standards Requires 

public hearing on any proposed rule or 

standard prior to adoption 

Oregon Administrative Rules:

OAR 340-209 Public Participation: specifies 

the requirements for notifying the public of 

certain permit actions and providing an 

opportunity for the public to participate in 

those permit actions.

 - 0060 Persons Required to be Notified: 

includes state notification.

NOTE: State regulations are consistent with 

Federal requirements in Appendix N of 40 

CFR part 50 pertaining to the notification of 

interstate pollution abatement. 

§110(a)(2)(E)(i) Provide (i) necessary assurances that 

the state (or, except where the 

Oregon Revised Statues:
20

Attachment B: Infrastructure SIP Submittal

CAA section 110(a)(2)(A)-(M) Requirements Checklist

Section 110(a) Element Summary of Element How Addressed 

Adequate personnel, funding 

and authority to carry out plan

Administrator deems inappropriate, the 

general purpose local government or 

governments, or a regional agency 

designated by the state or general 

purpose local governments for such 

purpose) will have adequate personnel, 

funding, and authority under state (and, 

as appropriate, local) law to carry out 

such implementation plan (and is not 

prohibited by any provision of federal 

or state law from carrying out such 

implementation plan or portion 

thereof);

ORS 468.035 Functions of Department (d, 

h). 

Authority to employ personnel, purchase 

supplies, enter into contracts, and to receive, 

appropriate and expend federal and other 

funds for purposes of air pollution research 

and control

ORS 468A.045 Functions of Director; 

Delegation. Power to hire, assign, reassign, 

and coordinate personnel of the department 

Interagency Agreements:

Intergovernmental Agreement between DEQ 

and LRAPA: DEQ has entered into an 

intergovernmental agreement to delegate it’s 

authority to implement the requirements of 

the Clean Air Act in Lane County, Oregon to 

the Lane Regional Air Protection Agency. 

For more information, please see the 

Intergovernmental Agreement between DEQ 

and LRAPA (DEQ Agreement # 006-14). 

DEQ’s Performance and Partnership 

Agreement (PPA) with EPA. The Oregon 

Performance Partnership Agreement 

describes how DEQ and EPA Region 10 will 

work together to protect Oregon’s 

environment. The PPA is an agreement 

documenting the commitments of EPA and 

DEQ regarding implementation of federallydelegated environmental programs and is the 

result of a several month negotiation process. 

The PPA’s Air Quality appendix contains 

program-specific work plans for the Oregon 

Air Quality program along with 

commitments for FTE and funding support. 

EPA Region 10 and DEQ signed the current 

PPA on June 27, 2014 (runs from July 1, 

2014 through June 30, 2016). 

Note: DEQ received CAA section 105 grants 

from EPA and DEQ matches those grants 
21

Attachment B: Infrastructure SIP Submittal

CAA section 110(a)(2)(A)-(M) Requirements Checklist

Section 110(a) Element Summary of Element How Addressed 

through the state’s General Fund. DEQ’s 

PPA with EPA contains more information. 

§110(a)(2)(E)(ii)

Comply with state boards

(ii) requirements that the state comply 

with the requirements respecting state 

boards under section 128 of this title, 

and

Oregon Revised Statutes:

ORS 468 Environmental Quality Generally; 

Public Health and Safety; General 

Administration

- 035(c) Functions of Department 

Authority to advise, consult, and 

cooperate with other states, state and 

federal agencies, or political 

subdivisions on all air quality control 

matters.

ORS 468A Air Quality, Public Health and 

Safety, Air Pollution Control

Formation and oversight of regional air 

quality control agencies:

ORS 468A.105 Formation of regional air 

quality control authorities

ORS 468A.135 Function of authority; rules.

ORS 468A.155 Rules authorizing regional 

permit programs.

ORS 468A.165 Compliance with state 

standards required; hearing; notice

Oregon Administrative Rules:

OAR 340-200-0100: Purpose 

OAR 340-200-0110: Public Interest 

OAR 340-200-0120: Disclosure of Potential 

Conflicts of Interest

Note: EPA approved OAR 340-200-0100 

through OAR 340-200-0120 as meeting the 
22

Attachment B: Infrastructure SIP Submittal

CAA section 110(a)(2)(A)-(M) Requirements Checklist

Section 110(a) Element Summary of Element How Addressed 

requirements of CAA section 128 on January 

22, 2003 (68 FR 2891). 

§110(a)(2)(E)(iii)

oversee local & regional 

gov/agencies

(iii) necessary assurances that, where 

the state has relied on a local or 

regional government, agency, or 

instrumentality for the implementation 

of any plan provision, the state has 

responsibility for ensuring adequate 

implementation of such plan provision; 

Oregon Revised Statutes: 

ORS 468 Environmental Quality Generally; 

Public Health and Safety; General 

Administration

ORS 468.020 Rules and Standards. Requires 

public hearing on any proposed rule or 

standard prior to adoption 

ORS 468.035 (c) Functions of Department. 

Authority to advise, consult, and cooperate 

with other states, state and federal agencies, 

or political subdivisions on all air quality 

control matters.

ORS 468A Air Quality, Public Health and 

Safety, Air Pollution Control

ORS 468A.010 Policy. Calls for joint 

responsibility for “a coordinated statewide 

program of air quality control and to allocate 

[responsibility] between the state and the 

units of local government . . . .”

ORS 468A.025 Air Purity Standards; Air 

Quality Standards; Treatment and Control of 

Emissions; Rules. Requires controls 

necessary to achieve ambient air quality 

standards and prevent significant impairment 

of visibility. 

ORS 468A.035 General Comprehensive 

Plan. Requires DEQ to develop a general 

comprehensive plan for the control or 

abatement of air pollution.

ORS 468A.040 Permits; Rules. Provides that 

the EQC may require permits for air 

contamination sources, type of air 

contaminant, or specific areas of the State.
23

Attachment B: Infrastructure SIP Submittal

CAA section 110(a)(2)(A)-(M) Requirements Checklist

Section 110(a) Element Summary of Element How Addressed 

ORS 468A.050 Classification of Air 

Contamination Sources; Registration and 

Reporting; Registration and Reporting of 

Sources; Rules; Fees

ORS 468A.070 Measurement and Testing of 

Contamination Sources; Rules

ORS 468A.100-180 Regional Air Quality 

Control Authorities. Describes the 

establishment, role, and function of Regional 

Authorities.

Oregon Administrative Rules:

OAR 340-200 General Air Pollution 

Procedures and Definitions

-0010 Specifies that Lane Regional Air 

Protection Agency (LRAPA) has 

authority in Lane County

-0020 defines a “Regional Agency”. 

-0040 describes inclusion of the regional 

agency’s actions into the SIP. 

OAR 340-204 Designation of Air Quality 

Areas. Includes Designation of Control 

Areas within Lane County. 

OAR 340-216 Air Contaminant Discharge 

Permits. Relating to ACDP includes 

authorities for LRAPA and inclusion in the 

SIP.

§110(a)(2)(F)

Stationary source emissions 

monitoring and reporting 

system

require, as may be prescribed by the 

Administrator

 (i) the installation, maintenance, and 

replacement of equipment, and the 

implementation of other necessary steps 

by owners or operators of stationary 

sources to monitor emissions from such 

sources, 

Oregon Revised Statues: 

ORS 468 Environmental Quality Generally; 

Public Health and Safety; General 

Administration

ORS 468.020 Rules and Standards. Requires 

public hearing on any proposed rule or 

standard prior to adoption
24

Attachment B: Infrastructure SIP Submittal

CAA section 110(a)(2)(A)-(M) Requirements Checklist

Section 110(a) Element Summary of Element How Addressed 

 (ii) periodic reports on the nature and 

amounts of emissions and emissionsrelated data from such sources, and

 (iii) correlation of such reports by the 

state agency with any emission 

limitations or standards established 

pursuant to this Act, which reports shall 

be available at reasonable times for 

public inspection; 

ORS 468.035 (b, d) Functions of 

Department. Authority to conduct & 

supervise inquiries and programs to assess 

and communicate air conditions and to 

obtain necessary resources (assistance, 

materials, supplies, etc.) to meet these 

responsibilities.

ORS 468A Air Quality, Public Health and 

Safety, Air Pollution Control

ORS 468A.025 (4) Air Purity Standards; Air 

Quality Standards; Treatment and Control of 

Emissions; Rules. Commission shall adopt 

rules, require permit conditions for operation 

and maintenance of pollution control 

equipment, and require typically achievable 

control technology for new, modified and 

existing sources of air contaminants or 

precursors for stationary sources

ORS 468A.070 Measurement and Testing of 

Contamination Sources; Rules

ORS 468A.310 Federal operating permit 

program approval; rules; content of plan 

ORS 468A.365 Certification of Motor 

Vehicle Pollution Control Systems and 

Inspection of Motor Vehicles; Rules. 

Designate methods and standards for testing 

systems and inspecting motor vehicles 

Oregon Administrative Rules:

OAR 340-212 Stationary Source Testing and 

Monitoring. Requires facilities to monitor 

and report emissions, including requirements 

for monitoring methods and design, and 

Monitoring & Quality Improvement plans, 

etc. 

OAR 340-214 Stationary Source Reporting 

Requirements. Requires stationary sources to 

maintain written records to determine 
25

Attachment B: Infrastructure SIP Submittal

CAA section 110(a)(2)(A)-(M) Requirements Checklist

Section 110(a) Element Summary of Element How Addressed 

compliance with emission rules, limitations 

or control measures for any regulated air 

pollutant and provides requirements for 

reporting and recordkeeping.

OAR 340-222 Stationary Source Plant Site 

Emission Limits

- 0080 Plant Site Emission Limit 

Compliance: Specifies permittee must 

monitor and maintain records to 

demonstrate compliance. Specifies 

frequency and method of monitoring 

for PSELs. 

OAR 340-225 Air Quality Analysis 

Requirements

OAR 340-234 Emission Standards for Wood 

Products Industries: Monitoring & Reporting

- 0240-0250 Kraft Pulp Mills 

- 0340-0350 Neutral Sulfite SemiChemical Pulp Mills 

- 0420 Sulfite Pulp Mills 

- 0500-0530 Board Products Industries 

OAR 340-236 Emission Standards for 

Specific Industries: Emissions Monitoring & 

Reporting

- 0140-0150 Aluminum Plants 

- 0230 Laterite Ore Production of 

Ferronickel 

- 0320 Reduction of Animal Matter

OAR 340-240 Rules For Areas With Unique 

Air Quality Needs 

 - 0210-0220 Continuous Monitoring & 

Source Testing. Medford-Ashland & Grants 

Pass area

 - 0430 Source Testing: Lakeview area

OAR 340-250 General Conformity. 

Implements requirements under Section 

176(c) of the Clean Air Act with respect to 

the conformity of general federal actions to 

the applicable implementation plan 
26

Attachment B: Infrastructure SIP Submittal

CAA section 110(a)(2)(A)-(M) Requirements Checklist

Section 110(a) Element Summary of Element How Addressed 

Note: Oregon submits data to the National 

Emissions Inventory for the six criteria 

pollutants. EPA compiles the emissions data 

and provides it to the public at the following 

website: http://www.epa.gov/ttn/chief/eiinfor

mation.html

§110(a)(2)(G)

Authority to declare air 

pollution emergency and 

notify public

Provide for authority comparable to 

that in section 303 of this title and 

adequate contingency plans to 

implement such authority;

Oregon Revised Statues: 

ORS 468 Environmental Quality Generally; 

Public Health and Safety; General 

Administration

ORS 468.020 Rules and Standards. Requires 

public hearing on any proposed rule or 

standard prior to adoption 

ORS 468A Air Quality, Public Health and 

Safety, Air Pollution Control

ORS 468A.310 Federal operating permit 

program approval; rules; content of plan 

ORS 468.115 Enforcement in Cases of 

Emergency. Authorizes the DEQ Director, at 

the direction of the Governor, to enter a 

cease & desist order for polluting activities 

that present an imminent and substantial 

danger to public health

Oregon Administrative Rules:

OAR 340-206 Air Pollution Emergencies. 

Air pollution emergency episode procedures. 

Authorizes the DEQ Director to declare an 

air pollution alert or warning, or to issue an 

advisory to notify the public. The 

Department shall notify the Governor when 

declaring an emergency. This section 

describes the existing emergency episode 

procedures in place.

-0010 Air Pollution Emergencies

-0030 Episode Stage Criteria for Air 

Pollution Emergencies
27

Attachment B: Infrastructure SIP Submittal

CAA section 110(a)(2)(A)-(M) Requirements Checklist

Section 110(a) Element Summary of Element How Addressed 

OAR 340-214 Stationary Source Reporting 

Requirements 

-0300-0360 Requires reporting of 

emergencies and excess emissions and 

reporting requirements (adequate 

contingency plans to implement such 

authority). 

§110(a)(2)(H)

Future SIP revisions

Provide for revision of such plan

 (i) from time to time as may be 

necessary to take account of revisions 

of such national primary or 

secondary ambient air quality 

standard or the availability of 

improved or more expeditious 

methods of attaining such standard, 

and 

 (ii) except as provided in paragraph 

(3)(C), whenever the Administrator 

finds on the basis of information 

available to the Administrator that 

the plan is substantially inadequate to 

attain the national ambient air 

quality standard which it implements, 

or to otherwise comply with any 

additional requirements established 

under this Act; 

Oregon Revised Statues: 

ORS 468.020 Rules and Standards. Requires 

public hearing on any proposed rule or 

standard prior to adoption

ORS 468A.035 General Comprehensive 

Plan. Requires DEQ to develop a general 

comprehensive plan for the control or 

abatement of air pollution.

ORS 468A.070 Measurement and Testing of 

Contamination Sources; Rules

Oregon Administrative Rules:

OAR 340-200 General Air Pollution 

Procedures and Definitions

- 0040 State of Oregon Clean Air Act 

Implementation Plan. Provides for 

revisions to Oregon’s SIP and submittal 

of revisions to the EPA - this includes 

standards submitted by a regional 

authority and adopted verbatim to DEQ 

rules.

§110(a)(2)(I)

Nonattainment requirements 

in the case of a plan or plan revision for 

an area designated as a nonattainment 

area, meet the applicable requirements 

of part D (relating to nonattainment 

areas);

Two elements identified in section 110(a)(2) 

include requirements that are not governed 

by the 3-year submission deadline of section 

110(a)(1). The requirements pertain to part 

D, of title I of the CAA, which addresses plan 

requirements for nonattainment areas. 

Therefore, the following section 110(a)(2) 

elements are considered by EPA to be 

outside the scope of
28

Attachment B: Infrastructure SIP Submittal

CAA section 110(a)(2)(A)-(M) Requirements Checklist

Section 110(a) Element Summary of Element How Addressed 

infrastructure SIP actions and are not 

addressed in this SIP submittal: (1) section 

110(a)(2)(C) to the extent it refers to permit 

programs (known as "nonattainment new 

source review") required under part D; and 

(2) section 110(a)(2)(I) in its entirety. EPA 

does not expect infrastructure SIP submittals 

to include regulations or emission limits 

developed specifically for attaining the 

relevant standard. Those submittals are due 

at the time the nonattainment area planning 

requirements are due (18 months following 

designation). 

§110(a)(2)(J)

(section 121 consultation)

Meet the applicable requirements of 

section 121 (relating to consultation), ...

Oregon Revised Statues: 

ORS 183.335 Filing and taking effect of 

rules; filing of executive orders; copies; fees

ORS 468.020 Rules and Standards. Requires 

public hearing on any proposed rule or 

standard prior to adoption

ORS 468.035 (a, c, f-g) Functions of 

department

-a. encourages voluntary cooperation 

with local govt. and others in restoring & 

preserving air quality

-c. Shall advise, consult, and cooperate 

with state & federal agencies and 

political subdivisions in air quality 

control matters

-f. Shall provide advisory technical 

consultation and services to local & state 

agencies

ORS 468A.010 (1) b & c Policy Facilitates 

cooperation between state and local 

government in air quality control

Oregon Administrative Rules:
29

Attachment B: Infrastructure SIP Submittal

CAA section 110(a)(2)(A)-(M) Requirements Checklist

Section 110(a) Element Summary of Element How Addressed 

OAR 340-209 Public Participation. Provides 

for notification to, and participation by, the 

public in certain permit actions.

Note: On April 15, 2015, the Oregon 

Environmental Quality Commission adopted 

revisions updating the PSD program in 

Oregon. 

§110(a)(2)(J)

(section 127 public 

notification)

Meet the applicable requirements of... 

section 127 (relating to public 

notification)

Oregon Revised Statutes: 

ORS 468 Environmental Quality Generally; 

Public Health and Safety; General 

Administration

ORS 468.020 Rules and Standards. Requires 

public hearing on any proposed rule or 

standard prior to adoption

ORS 468.035 (a, c, f-g) Functions of 

department

-a. encourages voluntary cooperation with 

local govt. and others in restoring & 

preserving air quality

-e. shall conduct and supervise air 

pollution control education programs

ORS 468A Air Quality, Public Health and 

Safety, Air Pollution Control

Oregon Administrative Rules:

OAR 340-206 Air Pollution Emergencies. 

Provides for public notification for both 

emergency and non-emergency air quality 

conditions. 

OAR 340-209 Public Participation. Specifies 

the requirements for notifying the public of 

certain permit actions and providing an 

opportunity for the public to participate in 

those permit actions. 
30

Attachment B: Infrastructure SIP Submittal

CAA section 110(a)(2)(A)-(M) Requirements Checklist

Section 110(a) Element Summary of Element How Addressed 

 -0060 Persons Required to be Notified: 

includes state notification 

OAR 340-216 Air Contaminant Discharge 

Permits

OAR 340- 252 Transportation Conformity

OAR 340-223 Regional Haze Rules

§110(a)(2)(J)

PSD & visibility protection

Meet the applicable requirements of ... 

part C (relating to prevention of 

significant deterioration of air quality 

and visibility protection);

The US EPA does not believe that the 

visibility element of 110(a)(2)(J) is triggered 

by a NAAQS revision. Therefore, the 

visibility protection element of 110(a)(2)(J) 

is not addressed within this crosswalk. For 

more information, please see 77 FR 6044. 

Oregon Revised Statutes:

ORS 468 Environmental Quality Generally; 

Public Health and Safety; General 

Administration

ORS 468.020 Rules and Standards. Requires 

public hearing on any proposed rule or 

standard prior to adoption

ORS 468A Air Quality, Public Health and 

Safety, Air Pollution Control

ORS 468A.025 Air Purity Standards; Air 

Quality Standards; Treatment and Control of 

Emissions; Rules. Requires controls 

necessary to achieve ambient air quality 

standards and prevent significant impairment 

of visibility. 

Oregon Administrative Rules:

OAR 340-202 Ambient Air Quality 

Standards and PSD Increments 

- 0200-0220 PSD Increments Specifies 

ambient air increments & ceilings.
31

Attachment B: Infrastructure SIP Submittal

CAA section 110(a)(2)(A)-(M) Requirements Checklist

Section 110(a) Element Summary of Element How Addressed 

OAR 340-204 Designation of Air Quality 

Areas 

- 0050-0060 Designation & redesignation of PSD areas.

OAR 340-216 Air Contaminant Discharge 

Permits (ACDP). Federally enforceable state 

operation permit program. This rule also 

serves as the administrative permit 

mechanism used to implement the major and 

minor new source review (NSR) programs. 

The SIP approved minor NSR program 

applies major source NSR-PSD requirements 

to any source with emissions over the 

significant emission rate.

OAR 340-224 New Source Review. 

Regulates construction and modification of 

proposed major sources within 

nonattainment, maintenance and reattainment areas and federal major sources 

and modifications within attainment, 

unclassified and sustainment areas. 

OAR 340-225 Air Quality Analysis 

Requirements

- 0050-0060 In PSD areas. Requirements 

for analysis and demonstrating 

compliance with standards and 

increments. 

 - 0090 Requirements for Demonstrating a 

Net Air Quality Benefit 

Note: EPA most recently approved revisions 

to Oregon’s PSD program on December 27, 

2011 (76 FR 80747). 

§110(a)(2)(K)

Air quality modeling/data

Provide for:

 (i) the performance of such air 

quality modeling as the Administrator 

may prescribe for the purpose of 

predicting the effect on ambient air 

quality of any emissions of any air 

pollutant for which the Administrator 

Oregon Revised Statutes:

ORS 468.020 Rules and Standards. Requires 

public hearing on any proposed rule or 

standard prior to adoption 
32

Attachment B: Infrastructure SIP Submittal

CAA section 110(a)(2)(A)-(M) Requirements Checklist

Section 110(a) Element Summary of Element How Addressed 

has established a national ambient 

air quality standard, and 

 (ii) the submission, upon request, of 

data related to such air quality 

modeling to the Administrator;

ORS 468.035 (b) Functions of department.

May conduct studies, investigations, etc. to 

determine air quality. 

Oregon Administrative Rules: 

OAR 340-224-0250 Requirements for 

Sources in Nonattainment Areas

OAR 340-225 Air Quality Analysis 

Requirements (includes modeling).

- 0040 Air Quality Models Refers to 

modeled estimates of ambient 

concentrations.

- 0045 Requirements for Analysis in 

Maintenance Areas 

- 0050 Requirements for Analysis in PSD 

Class II and Class III Areas 

- 0060 Requirements for Demonstrating 

Compliance with Standards and 

Increments in PSD 

 Class I Areas 

- 0070 Requirements for Demonstrating 

Compliance with AQRV Protection 

§110(a)(2)(L)

Major Stationary source 

permitting fees

Require the owner or operator of each 

major stationary source to pay to the 

permitting authority, as a condition of 

any permit required under this Act, a 

fee sufficient to cover

 (i) the reasonable costs of reviewing 

and acting upon any application for 

such a permit, and 

 (ii) if the owner or operator receives 

a permit for such source, the reasonable 

costs of implementing and enforcing the 

terms and conditions of any such permit 

(not including any court costs or other 

costs associated with any enforcement 

action),

until such fee requirement is superseded 

with respect to such sources by the 

Oregon Revised Statutes:

ORS 468 Environmental Quality Generally; 

Public Health and Safety; General 

Administration

ORS 468.020 Rules and Standards. Requires 

public hearing on any proposed rule or 

standard prior to adoption 

ORS 468.065 Issuance of Permits: Content; 

Fees; use. Commission may establish a 

schedule of fees for permits based upon cost 

of filing & investigating application, issuing 

or denying permit, carrying out Title V 

requirements and determining compliance. 
33

Attachment B: Infrastructure SIP Submittal

CAA section 110(a)(2)(A)-(M) Requirements Checklist

Section 110(a) Element Summary of Element How Addressed 

Administrator's approval of a fee 

program under title V; 

ORS 468A Air Quality, Public Health and 

Safety, Air Pollution Control

ORS 468A.040 Permits; Rules. Provides that 

the EQC may require permits for air 

contamination sources, type of air 

contaminant, or specific areas of the State.

Oregon Administrative Rules:

OAR 340-216 Air contaminant Discharge 

PermitsRequires payment of permit fees. 

- 0020 (Table 2) ACDP Fee Schedule 

- 0090 (Table 1) Sources Subject to 

ACDP and Fees 

§110(a)(2)(M)

Consultation/Participation by 

affected local entities

Provide for consultation and 

participation by local political 

subdivisions affected by the plan.

Oregon Revised Statutes:

ORS 468 Environmental Quality Generally; 

Public Health and Safety; General 

Administration

ORS 468.020 Rules and Standards. Requires 

public hearing on any proposed rule or 

standard prior to adoption 

ORS 468A Air Quality, Public Health and 

Safety, Air Pollution Control

ORS 468A.025 Air Purity Standards; Air 

Quality Standards; Treatment and Control of 

Emissions; Rules. Requires controls 

necessary to achieve ambient air quality 

standards and prevent significant impairment 

of visibility. 

ORS 468.035 (a, c, f-g) Functions of 

department

-a. encourages voluntary cooperation 

with local govt. and others in restoring & 

preserving AQ

-c. Shall advise, consult, and cooperate 

with state & federal agencies and 
34

Attachment B: Infrastructure SIP Submittal

CAA section 110(a)(2)(A)-(M) Requirements Checklist

Section 110(a) Element Summary of Element How Addressed 

political subdivisions in AQ control 

matters

-f. Shall provide advisory technical 

consultation and services to local & state 

agencies

-g. Shall develop & conduct 

demonstration programs with local govt.

ORS 468A.010 (1) b & c Policy. Calls for 

joint responsibility for “a coordinated 

statewide program of air quality control and 

to allocate [responsibility] between the state 

and the units of local government.”

ORS 468A.035 General Comprehensive 

Plan. Requires DEQ to develop a general 

comprehensive plan for the control or 

abatement of air pollution.

ORS 468A.040 Permits; Rules. Provides that 

the EQC may require permits for air 

contamination sources, type of air 

contaminant, or specific areas of the State.

ORS 468A.055 Notice Prior to Construction 

of New Sources; Order Authorizing or 

Prohibiting Construction; Effect of No 

Order; Appeal

ORS 468A.070 Measurement and Testing of 

Contamination Sources; Rules

ORS 468A.100-180 Regional Air Quality 

Control Authorities. Describes the 

establishment, role, and function of Regional 

Authorities.

Oregon Administrative Rules:

OAR 340-200 General Air Pollution 

Procedures and Definitions

- 0010 Specifies that Lane Regional Air 

Protection Agency (LRAPA) has 

authority in Lane County. 

- 0020 defines a “Regional Agency”. 
35

Attachment B: Infrastructure SIP Submittal

CAA section 110(a)(2)(A)-(M) Requirements Checklist

Section 110(a) Element Summary of Element How Addressed 

- 0040 describes inclusion of the regional 

agency’s actions into the SIP. 

OAR 340-204 Designation of Air Quality 

Areas. Includes Designation of Control 

Areas within Lane County. 

OAR 340-216 Air Contaminant Discharge 

Permits. Relating to ACDP includes 

authorities for LRAPA and inclusion in the 

SIP.