# regan Theodore R. Kulongoski, Governor



### June 23, 2010 Dennis McLerran, Regional Administrator U.S. Environmental Protection Agency, Region 10 1200 Sixth Avenue Seattle, WA 981.01 1\ 

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# PA ..

# ~{O- CA-;L?'-

# .2~';~**~a(l.?7** Department of Environmental Quality Headquarters 811 SW Sixth Avenue

# ~**~_ ~**  CC

# ~**~ YJ~** **~~_ Portland,~~o:;~~::~~~~**  JUN

# 2 8 2010 FAX (503) 229-6124 TTY 1-800-735-2900



### , OFFICE,OF 

### THE EXECUTIVE



### RE: Revision to the Oregon State Implementation Plan: Infrastructure Rule Changes Dear Mr. McLerran: The Oregon Department ofEnvironmental Quality requests approval ofrevisions to,the Oregon State Implementation Plan (SIP) from the Office ofAir, Waste, and Toxics, State arid Tribal Air' Programs Unit ofthe U.S. EPA, Region 10. Copies ofthe amendments are submitted for your reVIew. The Environmental Quality Commission adopted the revisions to the SIP under OAR 340-200- 0040 on April 30, 2010. DEQ submits these revisions to EPA as part ofthe SIP and pursuant to 40 CFR 51.104. I certify that public notices were published in newspapers ofgeneral circulation on November 17,2009, and in the Secretary ofState's Oregon Bulletin on December 1,2009. The notices included a statement that adoption ofthe rules would revise the SIP. I further certify that a public hearing was held on December 18, 2009 in Oregon. Thank you for your assistance with these revisions to Oregon's SIP. The staffcontact for this submittal is Carrie Capp, Air Quality Planning, at 503-229-5035, and Margaret Oliphant, SIP Coordinator, at (503) 229-5687.

# :~~ Deputy Director

cc w/attachments: Gina Bonifacino, EPA, Region 10 (3 complete sets plus 2 additional copies ofrevised rules, Attachment 3) cc 

### wlo attachments: Margaret Oliphant, DEQ Air Quality SIP Coordinator Andrew Ginsburg, DEQ Air Quality Administrator Paul Koprowski, EPA Oregon Operations office---1Attachments: 

### Attachment 1: Evidence that the state has adopted the revision 1.1 StaffReport, Agenda Item L ofthe April 28-30, 2010 EQC Meeting Also see Certificate and Orderfor-Filing Permanent Administrative Rules--in Attachment 4.2 Attachment 2: Evidenced that the State has the necessary legal authority 2.1 See Attachment 1.1 "Commission Authority" (page 2 of StaffReport, Agenda Item L, April 28-30, 2010 EQC Meeting) Attachment 3: Provisions Submitted for Approval, Effective May 21,

## ~~ 3.1

### Redline/St~ikeout

# '!ersion ofadopted,

### ~~d and repealed SIP rules " 

### b \) 

## G

. General AIr PollutIOn Procedures R'Cll)efimtIOns: OAR 340-200-: 0020, 0025,**~~** 

### 0040. Ambient Air Quality S (lards and PSD Increments: OAR 340-202-: 0060, 

### 0'<\ \.,Y\ (J

## ~O.t(; 0090, 0130.**Designa~** 

### Air Quality Areas: OAR 340-204-: 0010,0030.

, '"' 2iutionEmergencies: OAR 340-206-: 0010, 0030. "**3~uoPted** 

### and amended SIP rules submitted to Secretary ofState 

## (}
..f.:

# n \911\
. _

## c~ Attachment 4: Evidence that the State followed the Administrative Procedures Act 4.1 Public notice in the Secretary ofState's Oregon Bulletin December 1, 2009 4.2 Certificate and Order for Filing Permanent Administrative Rules, filed and effective May 21,2010 Attachment 5: Evidence ofadequate public notice 5.1 Affidavit ofPublication: The Oregonian, Notice ofNovember 17,2009 publication Attachment 6: Certification ofpublic hearing 6.1 See paragraph three ofcover letter and Attachment 7.1 Attachment 7: Compilation ofPublic Comments and Department's Response 7.1 Presiding Officer's Report for Rulemaking Hearing on December 22, 2009, dated April 29, 2010 7.2 Summary ofPublic Comments and AgencyResponses, dated December 31,2009

### x 1


### x 1.1


### x 2 

### x 2.1 

### x 3 

### x x 3.1 

## x x 

## x x 

## x 4 

### x 4.1 

### x 4.2 

## x 5 

## x 5.1 

## x 6 

## x 6.1 

### x 7 

## x 7.1 

### x 7.2 Evidence the State has Adopted the Revision Staff Report, Agenda Item Lof the April 28-30, 2010 EQC Meeting See also Certificate and Order for Filing Permanent Administrative Rules in Attachment 4.2 Evidence that the State has the Necessary Legal Authority See Attachment 1.1 ((Commission Authority" (page 2 of Staff Report, Agenda Item L, April 28- 30,2010 EQCMeeting)
. Provisions Submitted for Approval, Effective May 21, 2010 Redline/Strikeout Version of adopted, amend**al1l;:L.r-E~lle!aIE!d** SIP rules

ndards and PSD Increments: OAR 340-202-: 0060, 0090, 0130.

## U

Air Pollution Emergencies: OAR 340-206.-; 0010, 0030. Adopted and amended 'SIP rules submitted to Secretary of State Evidence that.the State followed the Administrative Procedures Act

Public notice in the Secretary of State's Oregon Bulletin December 1, 2009 Certificate and Order for Filing Permanent Administrative Rules, filed and effective May 21, 2010 Evidence of Adequate Public Notice

Affidavit of Publication: The Oregonian, Notice of November 17, 2009 publication

. Certification of Public Hearing See paragraph three of cover letter and Attachment 7.1 Compilation of Public Comments and Department's· Response

Presiding Officer's Report for Rulemaking Hearing on December 22, 2009, dated April 29, 2010 Summary of Public Comments and Agency Responses, dated December 31, 2009

## Attachment 1
Evidence the State has Adopted the Revision

1.1 StaffReport, Agenda Item L ofthe April 28-30, 2010 EQC Meeting
Also see Certificate and Order for Filing Permanent Administrative Rules in Attachment 4.2Attachment 1.1, pg. 1



### State ofOregon 

# Department ofEnvironmental Quality Memorandum Date: To: 

### From: SUbject:
Why this 

### is Important April 7, 2010 .. Environrriental Quality

# cop;-SSil#

# ~
. I 

## L/IU Dick Pedersen, Director /". ' . Agendaitem L, Rule adoption: Revisions to Oregon's State ImplementationPlan, OARChapter 340, Divisions 200,202,204, and 206 April 29-30, 2010 EQC meeting Updates to the Oregon State ImplementationPlan are needed to ensure that Oregon has the appropriate rules,**tec~cal** documentation 

### and agreements 

### inplace to implementthe federal Clean 

### AJr Act The proposed rule revisions update Oregon's infrastructure State Implementation Plan allowing f9r EPA approval. Therule**packag~** also contains other ·changes to align DEQ and EP A rules.
. 

## DEQ recommendation 

### andEQC The Department ofEnvironmental Qualityrecommends thatthe Oregon Environmental Quality Commission adopt proposedrule revisions and report on interstatetransport as presented in attachments A and 

### B and authorize DEQ to submit them to the U. S. Environmental Protection Agency as revisions to the Oregon State Implementation Plan. motion Background and need for ' ruIemaking

Effect ofrule Sections 

### 11O(a)(

### 1) and 

### (2) ofthe federal Clean Air Actrequires states to submit changes 

### to state implementationplan infrastructure elements to EPA for approval. A state implementationplan is a state plan for implementing portions ofthe Clean 

### AirAct,

# and consists ofnarrative, rules, technical documentation and agreements. States maintain, and periodically update their plans to incorporate new**req~~~~ep:~s-;:-and-t:f>~-must-=-app!oye-eac!1-r~!ts!(m.**

. Between 2005 and 2008, 

### EPA issued findings that states had not fully brought '

their state implementationplans up to date to address interstate transport ofozone and fine particulate, PM2.5, EPA'spromulgation ofthe 1997 ozone health
. standards and EP 

## A.'s promulgation ofthe 

### 1997 PM2.5 health standards. 

### In 2008, 

# A; DEQ andEPA reviewed Oregon's**pla~** for ozone and PM2.5• DEQ and EPA have identified the rulemaking actions described below as needed updates to help ensure EPA's approval of the OregonState Implementation Plan. Thisproposed rulemaking would update several rules as necessary to meet requirements ofthe federal CleanAir Actfor Oregon's state implementation plan infrastructure. These revisions include: • Recently adopted.federal changes to National Ambient

### Air Quality Standards for 

### PM2.5, ozone and lead;

Item L 000001

### Attachment 1.1, pg. 

### 2

Rule adoption: Revisions to Oregon's State Implementation Plan April 29-30, 2010 EQC meeting
. Page 2 of 3



### Commission 

### authority. Stakeholder involvement Public comment

Key 

### issues • Oregon's evaluation ofinterstate transport ofPM2.5 and ozone; • Incorporating into the planthe definition ofPM2.5, currently 

### in Oregon rule;
. 

### • PM2 .5 non-attainment area boundary descriptions for the cities ofKlamath Falls 

### and Oakridge; • . Revised PM2.5 thresholds for significant harm, for triggering air quality warnings, alerts and emergencies; and • Revision to the definition ofvolatile organic compoundto exenipt dimethyl carbonate and propylene carbonate, consistent 

### with recent federal actions. The commission has authority to take this action under 

### DRS 468.020, ORS 468A.025 and ORS 468A.035. Stakeholders were given the opportunityto provide input during the public hearing and commentperiod. Their comments are attached. DEQ held a public commentperiod Nov. 17, 2009 to Dec. 22, 2009 and included a public hearing 

### inPortland. No one attended the hearing and 

### DEQ received one conunent on the proposed rule. 

### A summary ofpublic commentreceived and 

### DEQ'sresponse is provided 

### in attachment 

### C. Volatile 

### organic compounds EPA has found thatthe volatile organic compounds dimethyl carbonate and propylene carbonate have lowphotochemical reactivity and are, therefore, not significant contributors to ozone formation. 

### EPA has exempted both compounds from the definition ofvolatile organic compound for pui:poses ofozone, and DEQ proposes to also exempt·these compounds. This exemptio1;l. could lead to increased use ofthese compounds as solvents inpaints or otherproducts. Currently, these two compounds are notlistedhazardous air pollutants, nor are theypotent greenhouse gases relative to other alternatives currently in use. Ifconcerns arise about these compounds in the futUre," DEQ canregulate them as needed

### throug~ the airtoxics or greenhouse gas programs. 

### Significant 

### harm levels Significant harm levels are set at a level ofair pollution that represents imminent and substantial endangerment to public health. These levels are far above National AmbientAir Quality Standards, which are the general safeguard for public health. Significant harm levels can be used to respond to o-ccasional extreme pollution events, such as forest fire smoke. Approaching or exceeding a significant harm level would trigger communication with local governments and the public about health concerns and actions to be taken. DEQ must add significant hann levels for 

### PM2.5 to itsrules, and 

## -yvilluse the 

### PM2.5 significant harm levels proposed by EPA.

Item L 000002Attachment 1.1, pg. 3

Rule adoption: Revisions to Oregon's State Implementation Pfan April 29-30, 2010 EQC meeting Page ,3 of3



### ,Next steps

Attachments

Available upon request Interstate transport The Oregon State Implementation Plan must include an assessment ofthe extent to which Oregon emissions cause or contribute to violations ofozone'and PM2.5 health standards 

### in neighboring states. DEQ's report, seen in attachment 

### B, provides DEQ's assessment ,and conclusion, based on existing information that air emissions from Oregon do not cause or contributeto violations ofozone or 

### PM2.5 standards 

### in neighboring states. EPA has reviewed and commented on**DEQ~**s proposed document. DEQ's assessment 

### is based on the current ozone and

### PM2.5 standards. 

### It is likelythat EPA will tighten both ofthese standards 

### in the future. At that time, states will reassess interstate transport as partofthe necessary state implementationplanupdate. Ifadopted, these proposed rules will be filed withthe Secretary ofState and submitted to the EPA for review and approval. The proposedrule changes will become effective 

### in Oregon upon EQC approval. The state implementationplan will be officially revised when EPA publishes its approval inthe Federal Register. A. 

### B. 

### C. D. 

## E. F. G. 

### H. 

### 1. 

### 2. ,., .). 

### 4. Proposed'rule revisions Report: SIP Infrastructure Element, Interstate Transport ofOzone andFine Particulate Matter Summary ofpublic comments and DEQ's responses Presiding officer'.s report onpublic hearings Relationship to federal requirements questions Statement ofNeed and Fiscal and Economic Impact Land Use Evaluation'Statement Additional background information Legal notice ofhearing , Cover memorandum from public notice Written commentreceived Rule implementation plan Approved: Section: Division:

# /~ 

# ; Rep/lr: prepared

### by: CarrieAnn app Phone: (503) 229-5035

Item L 000003

## Attachment 2


## Evidence that the State has the Necessary Legal Authority

2.1 See Attachment 1.1 "Commission Authority" (page 2 ofStaffReport, Agenda Item L, April 28- 30,2010 EQC Meeting)

# Oregon Bull-etin------ December 1,2009 .NOTICES OF.PROPOSED RULB1WAl(/iVGAjVD PROPOSED RULEilfAKIlvG .flEA

### RINGS
Department ofEnvironmental Quality Chapter 340 Rule Caption: Revisions to Oregon Infrastructure State Implementation Plan. Date: Time: 12-18-09 6:30 p.m. Location: DEQ-HQ, EQC A, 10th Floor 811 SW Sixth Ave. Portland, OR 97204 Hearing Officer: Carrie Capp, DEQ Air Quality Planner Stat. Auth.: ORS 468.020 Stats. Implemented: ORS 468A.025 Attachment 4.1, pg. 1

Proposed Amendments: 340-200-0020, 340-200-0025, 340-200-0040,**340-202-00~0,** 340-202-0090, 340-202-0130, 340-204-0010,340-204-0030,340-206-0010,340-206-0030 Last Date for Comment: 12-22-09, 5 p.m. Summary: In 2009, DEQ and EPA reviewed the elements ofOregon's infrastructure SIP. The infrastructure SIP ensures that the DEQ has the ability to implement requirements ofthe Clean Air Act. EPA has requested thatthe DEQ make the proposed rules updates as a revisions to the infrastructure SIP in relation to the new PM2.5 and ozone standards.

Revisions to the SIP include:
• Updated state standards for particulate matter, lead and ozone, to reflect recent changes to national ambient air quality

____**~tandarci§JNAAQID.** --- - ---- • Oregon's assessment regarding the interstate air pollution transport affine particulate and ozone. • Definition offine particulate (PM2.5), currently in Oregon rule, proposed as a revision to the SIP.
• PM2.5 non-attainment area boundary descriptions for the cities ofKlamath Falls and Oakridge.
• Proposed new Significant HarmLevels for PM2.5.
• Proposed exemption from the definition of Volatile Organic Compounds (VOC) for Di!llethyl Carbonate, consistent with recent federal actions.

This rulemaking is not antiCipated to have an impact on the agency or others. These amendments, if adopted, will be submitted to the U.S. Environmental Protection Agency (EPA) as a revision to the State Implementation Plan, which is a requirements ofthe Clean Air Act.

To submit comments or request additional information, please contact:

### Attachment 4.1, 

### pg. 2 (1) Carrie Capp at the Department of Environmental Quality, Air Quality Division, 811 SW 6th Ave., Portland, OR 97219, call toll free in Oregon 800-452-4011 or 503-229-5675, email: siprevisions@deq.state.or.us (ifyou do not receive an auto response to your emailed comments, contact stafflisted); or

(2) visit DEQ's public notices webpage htip:llwww.deq.state.or.us/news/publicnotices/PN.asp Rules Coordinator: Maggie Vandehey Address: Department ofEnvironmental Quality, 811 SW Sixth Ave., Portland, OR 97204 Telephone: (503) 229-6878

.. http://arcweb.sos.state.or.us/rules/1209 Bulletinl1209 rulemaking bulletin.htmlAttachment 4.2, pg. 1

Secretary ofState

- CertHicate an<fbiderfOl'-liilh1g------ PERMANENT ADMINISTRATIVE RULES I certifY that**the.~ttached** copies* are true. full and correct copies ofthe PERMANENT Rule(s) adopted on Apri130. 2010 •by the Date prior to or same as filing d'!le. Environmental Quality Commission to be administered byDEO OAR Chapter 340 Agency and Division Administrative Rilles Chapter Number Maggie Vandehey**503-229~6878** Agency Rules Coordinator Telephone 811 SW Sixth Avenue. Portland, OR97204 vandehey.maggie@deq.state.or.us Address/email to become effective upon filing
.. Rulemaldng Notice was published in the**_----=-N"-'o::...:vc.:e"'-!m~be=-r.w2:::.;O~O~9~**__ Oregon Bulletin.

### ** Date upon filing orlater Month and Year RULE CAPTION . Revisions to Oregon's**InfrastnJct~e** State Implementation Plan RULEMAKING ACTION ADOPT: N/A AMEND: OAR 340-200-0020, 340-200-0025, 340-200-0040,**340-202-O060~** 340-202-0090, 340:-202-0130,340-204-0010, 340-204-0030,340-206- 0010, 340-206-0030. REPEAL: N/A RENUMBER: N/A AMEND AND RENUMBER: N/A ORS468.020 Stat. Auth.: ORS N/A Other Authority ORS468A.025 Stats. Implemented:**OR~**______ --------- ---------------- - RULE SUMMARY Revisions to Oregon's State Implementation Plan infrastructure include: ---- ----- 

# F I LED MAY 2 

## 1 2010 ARCHiVES DIVfSION SECRETARY OF STATE

• Updated state standards for fine particulate, lead and ozone to reflect recent changes to national ambient air quality standards (NAAQS). • Oregon's assessment regarding the interstate air pollution transport offme particulate and ozone.

. • Definition affine particulate (pM2.5), currently in Oregon rule, proposed as a revision to the SIP. • PM2.5 non-attainment area boundary descriptions for the cities ofKlamath Falls and Oakridge. • Proposed new SignificantHarm Levels for PM2.5. • Proposed exemption from the definition ofVolatile Organic Compound (VOC) for dimethyl carbonate and propylene carbonate, consistent with federal actions.
. 

# Yf1**~(t?, -P;~**  .

# AU~.~ Printed name "'Copies include aphotocopy ofthis certificate with paper and electronic copies ofeach rule listed in the Rulemaking Action. ''''The Oregon Bulletin is published on the 1st ofeach month and updates the rule text found in the Oregon Administrative Rules Compilation. Notice fonns must be submitted to tbe Administrative Rules Unit, Oregon State Archives. 800 Summer Street NE, 8alel'(\, Oregon 97310 by 5:00 pm on the 15th day ofthe preceding month Unless this deadline falls on a Saturday, Sunday or legal holiday whenNotice forms are accepted until 5:00 pm on the precedmg workday..
. 12-27-05

## Attachment 5
Evidence ofAdequate Public Notice

5.1 Affidavit ofPublication: The Oregonian, Notice ofNovember 17,2009 publication....-I ttO 0.. ...-I'" L/') .j...J C QJ 

### E ..c u ro of-' .j...J 

### «**~** OregonDepartment0/ Environmenlal Quality "" NOnCEOF"" 

## Ii:Il!l PUQlfCHEARINGON. PROPOSED.AIRQUAlIrYRULEAMENDMENTS

Prhlted on: 11/13/2009 The Oregonian Order Confirmation forAd#0002885875

I

Page 2 of 2N M c.. or-i' LIi -I-' C OJ E ..c u ro -I-'**~**

### Th~ 

### OregonIan Order Confirmation forAd#0002885875

Customer Informatlon Account# 2000062606 DEQ Business Office 811 SW6 Ave,Attn: Dee David/Accounting Portland OR 97204-1390 USA 503-229-5582**503~229~5f65** Phone Fax E.mail CAPP.Carrieann@deq.state.or.us Total Amount PaymentAmt Amount Due Payment Method Invoice Text $560.47 $0.00 $560.47

Placement Payor Information Account # 2000062606

.DEQ Business Office 811 SW 6 Avs,Attn: Dee David/Accounting Portland OR 97204-1390 USA Phone PO Number Promo Type Special PricIng Attributes Tear Sheets 503-229-5582
C-Legal Ad 1x None
Proofs 

### o AffidavIts 1

f2!illQ!l Product:Edition:Zone Oregonian:AIt:Fuli Run C-Notices - Classified OOB-Public Notices BlInd Box Sales Rep. tonim Ordered By Carrie Ann Capp

Ad Size 2.0 X 51 LI Color <NONE>
Materials

# Inserts 1 Run Date$ Sort Text 11/17/2009 OREGONOEPARTMENTOFENVIRONMENTALQUALlTYNOnCEOFPUBLICHEARINGONPROPOS"EDAIRQUALITYRULEAMENDMENTSTHEOREGONDEPARTMENTOFE**~un** Schedule Invoice Text
__ Oregon Department of EnVironmental Quality NOTICE OF**~UBLIC** HE
________________ _

Printed on: 11113/2009 Page 1 of 2

## Attachment 6


# Certification ofPublic 

# Hearing

See paragraph three ofcover letter and Attachment 7.1

## Attachment 7 Compilation 

## ofPublic Comments and Department's Response

7.1 Presiding Officer's Report for Rulemaking Hearing on December 22,2009, dated April 29, 2010

7.2 Summary ofPublic Comments and Agency Responses, dated December 31, 2009

### Attachment 7.1, pg. 

### 1 

## State ofOregon



## -- Department ofEnvironmental--QuaIity - Presiding Officerfs Report
Date: April 29, 2010 To: .Environmental Quality Commission From: Subject: Carrie 

### Ann Capp 503-229-5035 Presiding Officer's Report for Rulemaking Hearing Title ofProposal: Revisions to Oregon's Infrastructure State Implementation Plan Hearing**D~te** 

### and Time: December 22, 2009, 6:30-7:00 p.m. Hearing Location: DEQ Headquarters) 811 SW 6th 

### Ave. Portland, OR 97204 Conference Room EQC-A DEQ convened the hearing on the rulemaking proposal to reviseOregonn's state implementation plan at 6:30 p.m. No one attended the hearing, and no written or oral comments were received at the hearing. The hearing was closed at 7:00 p.m.

12-2-05 AttachmentD, Page 1Attachment 7.2, pg. 1 Summary of Public Comment and Agency Response

Title of Rulemaking: Revisions to Oregon's State Implementation Plan Prepared by: Carrie Ann Capp Date: December 31, 2009



### Comment period Organization ofcomments and responses

Comment 1

Respol1Se.

-- -- - - - -- - -- - -- - 

### The public comment period opened on December 1, 2009 and closed at 5 p.m. on December 22, 2009. DEQ held a public hearing on December 18, 2009,6:30 p.m., at 811 SW 6th 

### Ave, 10th 

### Floor Conference Room EQC-A. No one attended the hearing and no one testified. One commenter submitted written comment during this period. Summaries of individual comments and the Department'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..
Summary ofComments andAgency Responses Petition to Oregon DEQ to exempt Propylene Carbonate (CAS# 108-32-7) from the definition of Volatile Organic Compound (VOe} in**OA~** 340, Division 200. U.S. EPA exempted Propylene Carbonate from their definition of a VOC on January 21, 2009 (Docket 10 No.**EPA~HQ-OAR-2006-0948)** on the basis that the compound makes a negligible contribution to tropospheric ozone formation. The Department acknowledges the petition to exempt Propylene Carbonate (CAS#



## ___J**0~·J2**..**ZLrr91Il~he_defiojt**LO n_oflLoJatile-O,.gani**G-G0m~0l;Jnd-(-VeE)-ineAR 340~--**  --- Division 200. The Department recommends that the ECQ exempt Propylene Carbonate from the Definition ofVolatile Organic Compound in OAR 340-200-0020 for the delisting of Propylene Carbonate as it pertains specifically to the regulation of Volatile Organic Compounds.

List ofCommenters and Reference NumbersAttachment 7.2, pg. 2
Reference Date on Name Organization Address Number comments 1 David Hay, PhD. Huntsman Corporation 8600 Gosling Road, The 12/17/09 Woodlands, TX 77381.