### ATTACHMENTS Attachment 1: Evidence the state has adopted the revision 1.1 Staff Report, Agenda Item J of the October 1 4 - 1 5 , 201 5 EQC meeting Also see the Certificate and Order for Filing Permanent Administrative Rules in Attachment 4 .2 Attachment 2: Evidence that the state has the necessary legal authority For the legal authority, see page 7 of Attachment 1.1 Attachment 3 : Provisions submitted for approval 3.1 Amended rules submitted to Secretary of State Effective October 16 , 2015 : O AR 340 - 200 - 0040 * , 340 - 202 - 0060 , 340 - 250 - 0030 3.2 Redline strikeout version of amended rules submitted to Secretary of State Effective October 16 , 2015: OAR 340 - 200 - 0040* , 340 - 202 - 0060 , 340 - 250 - 0030 *Denotes rules that are not included in the State of Oregon Clean Air Act State Implementation Plan but are being submitted to show a complete account of the rulemaking package. 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, 2015 , publication 4 .2 Certificate and Order for Filing Permanent Administrative Rules, filed and effective October 16 , 201 5 Attachment 5 : Evidence of adequate pub lic notice 5.1 Affidavit s of Publication June 15 , 201 5 : Th e OregonianAttachment 6 : Certification of public hearing For certification of the public hearing, see the cover let ter and page 12 of Attachment 1.1 Attachment 7 : Compilation of public comment and department's response For the Presiding Officer's record for rulemaking hearings, see page 1 2 of Attachment 1.1 For the Summary of comments and DEQ responses, see page 1 2 of Attachment 1.1

### Attachment 1 Evidence the state has adopted the revision 1.1 Staff Report, Agenda Item J of the October 1 4 - 1 5 , 201 5 EQC meeting Also see the Certificate and Order for Filing Permanent Administrative Rules in Attachment 4.2Staff Report page | 1 

### Oregon Department of Environmental Quality October 14 - 1 5, 2015 Oregon Environmental Quality Commission Meeting Rulemaking Action Item : J Update to Oregon State Implementation Plan for Annual Fine Particulate Matter

(PM 2.5 

### ) standard; Amend Definition of National Ambient Air Quality Standards

to include PM 2.5 

### ; and Address the Interstate Transport of Nitrogen Dioxide (NO 2 

### ), Sulfur Dioxide (SO 2 

### ), Lead (Pb) and Fine Particulate Matter (PM 2.5 

### ) 

### DEQ recommendation to the EQC DEQ recommends that the Environmental Quality Commission: 1. Adopt the proposed rules in Attachment A as part of chapter 340 of the Oregon Administrative Rules; 2. Approve incorporating these rule amendments into the Oregon Clean Air Act State Implementation Plan under OAR 340 - 200 - 0040; and 3. Direct DEQ to submit the SIP revision to the U.S. Environmental Protection Agency for approval. 

### Overvi ew

Short summary Oregon must update its Clean Air Act State Implementation Plan to ensure that DEQ has the authority to implement the current National Ambient Air Quality Standards for PM 2.5 . These proposed rule amendments update infrastructure elements of Oregon’s State Implementation Plan and allow DEQ to request that the U.S. Environmental Protection Agency approve the revised Oregon State Implementation Plan. The proposed rule amendments incorporate a revised annual National Ambient Air Quality Standard for PM 2.5 and amend the definition of NAAQS to include PM 2.5 in Oregon’s administrative rule. These changes will allow Oregon to meet Clean Air Act (CAA) requirements and request that EPA approve Oregon’s revised State Implementation Plan. The proposal includes the following actions:Staff Report page | 2 • Amend Oregon Administrative Rule 340 - 200 - 0040 to update the Oregon Clean Air Act State Implementation P lan . If EQC adopts the amendments, the actions proposed in this rulemaking will be incorporated into and made part of the Oregon SIP. • Amend OAR 340 - 202 - 0060(3) to incorporate the annual nationa l primary ambient air quality standard for PM 2.5 , adopted by the EPA, Dec.14, 2012, and effective on March 18, 2013. • Amend OAR 340 - 250 - 0030(22) to include PM 2.5 as part of the definition of NAAQS. In addition to the rule amendments outlined above, a “crosswalk” titled “Infrastructure SIP Submittal for Purposes of Clean Air Act Sections 110(a)(1) and (2) for the 2012 PM 2.5 NAAQS” is included with this proposal. The crosswalk is attached to this notice as Attachment B. The crosswalk identifies existing Oregon Administrative Rules and corresponding Oregon Revised Statutes that demonstrate DEQ has the necessary authorities in place to implement requirements of Sections 110(a)(1) and (a)(2) of the CAA with respect to the current NAAQS for PM 2.5 . They are in cluded for EQC approval and submittal to EPA as documentation that the infrastructure elements of the Oregon SIP meet the requirements of the CAA as they relate to the PM 2.5 NAAQS. Brief history

Section 110 of the CAA, 42 U.S.C. §7410, requires state and local air pollution control agencies to adopt federally approved control strategies to minimize air pollution. The resulting body of regulations is known as the State Implementation Plan, or more commonly called a “SIP.” SIPs serve two main purposes: 1. To demonstrate that the state has the basic air quality management program components in place to implement new or revised NAAQS; and 2. To identify the emissions control requirements the state will rely upon to attain and/or maintain the primary and secondary NAAQS. All states are required to submit SIPs with general infrastruct ure elements showing the state has the capacity to implement new or revised NAAQS. Infrastructure SIP submittals must include the basic program requirements for managing air quality required in Section 110(a)(2) of the CAA as listed in Table 1 below. Tabl e 1: Required Infrastructure Elements Tracked for Each State Section 110(a)(2)(A) Emission limits and other control measures Section 110(a)(2)(B) Ambient air quality monitoring/data system Section 110(a)(2)(C) Program for enforcement of control measures Section 110(a)(2)(D)(i) I Prong 1: Interstate transport - significant contribution Section 110(a)(2)(D)(i) I Prong 2: Interstate transport - interfere with maintenance Section 110(a)(2)(D)(i) II Prong 3: Interstate transport - prevention of significant deterioration Section 110(a)(2)(D)(i) II Prong 4: Interstate transport - protect visibility Section 110(a)(2)(D)(ii) Interstate and international pollution abatement Section 110(a)(2)(E) Adequate authority and resources Section 110(a)(2)(F) Stationary source monitoring systemStaff Report page | 3 Section 110(a)(2)(G) Emergency power Section 110(a)(2)(H) Future SIP revisions Section 110(a)(2)(J) Consultation with government officials; Public notification; PSD and visibility protection Section 110(a)(2)(K) Air quality modeling/data Section 110(a)(2)(L) Permitting fees Section 110(a)(2)(M) Consultation/p articipation by affected local entities The Clean Air Act requires the EPA to set National Ambient Air Quality Standards for widespread pollutants from numerous and diverse sources considered harmful to public health and the environment. The Act established two types of standards. Primary standards set limits to protect public health, including the health of "sensitive" popu lations such as asthmatics, children and the elderly. Secondary standards set limits to protect public welfare, including protection against visibility impairment, damage to animals, crops, vegetation and buildings. The Act requires periodic review of the science on which the standards are based and the standards themselves. SIPs generally establish emission limits or work practice standards to minimize emissions of air pollutants (and their precursors) for which EPA has issued air quality criteria (the “ criteria pollutants”). The six current criteria pollutants are sulfur oxides (sulfur dioxide as indicator), particulate matter, oxides of nitrogen (nitrogen dioxide as indicator), lead, carbon monoxide and ozone. EPA has established NAAQS for these polluta nts and updated these standards over time. As the standards change, states must submit revisions to the infrastructure elements of their SIPs to reflect these changes. On Dec. 14, 2012, EPA revised the annual national primary ambient air quality standard for PM 2.5 to protect the public from adverse health effects, as appropriate under CAA Section 109. EPA revised the annual NAAQS for fine particle from 15.0 to 12.0 micrograms per cubic meter (μ/m 3 ) . EPA retained 15 ug/m 3 as the annual secondary (welfare) standard, and also retained the 24 - hour primary (public health) standard of 35ug/m 3 . Main Functions of a State Clean Air Act Implementation Plan Three actions occur when a NAAQS is added or revised, as summarized be low:

• Within two years of revising the NAAQS for a criteria pollutant, EPA is required to identify or “designate” areas as meeting (attainment areas) or not meeting (nonattainment areas) the standard. Designations are based on the most recent set of air mo nitoring data. ( See CAA Section 107(d)(1)(B); 42 U.S.C. § 7407(d)(1)(B). ) • Within three years of EPA designations, all states must submit revisions to their state implementation plans to show they have the basic air quality management program components in place to implement a new or revised NAAQS, as specified in CAA section 110. These plans are often called "infrastructure SIPs.” ( See CAA Section 110(a)(1); 42 U.S.C. §7410(a)(1) ) . • Within three years of area designations, states are required to submit nonattainment area SIPs to EPA for any criteria pollutant for which the standard is not met. Each nonattainment area SIP must outline the strategies and emissions control measures that show how the area will improve air quality and meet the national ambient air quality standards. ( See CAA Section 172; 42 U.S.C. § 7502. ) EPA evaluated Oregon monitoring data for 2011 - 2014 and in August 2014, informed DEQ that all of Oregon is in complian ce with the new annual PM2.5 standard, designating Oregon as in attainmentStaff Report page | 4 for the pollutant. DEQ continues to monitor for the annual PM2.5 NAAQS th r ough its fine particulate network and report data annual ly to EPA. Table 2: EPA Area Designations for Revised PM 2.5 NAAQS in Oregon 2014 PM 2.5 (Annual) EPA designated all of Oregon as unclassifiable/attainment in a final rule published on 1/15/15 (80 Federal Register 2206), effective 4/15/2015 2009 PM 2.5 (24 hour) EPA designated Klamath Falls and Oakridge as nonattainment in a final rule published on 11/13/09 (74 Federal Register 58688), effective 12/14/2009 Air Q u a l i t y Monitori n g DEQ c ondu c ts ambi e nt a ir qu a l i t y mon i toring as 40 C . F . R . section 5 8.10 specifies. This rule r e quir e s s t a te a nd loc a l a ir qu a l i t y a g e n c ies to d e v e lop and submit an a nnu a l ambient a ir qu a l i t y mon i toring n e twork plan to E P A b y J u l y 1 of e a c h y e a r. The DEQ a mb i e nt air qu a l i t y mon i toring n e tw o rk is d e si g n e d in r e spon s e to E P A ’ s N a t i on a l Mo n i t o r ing S tr a t eg y to me e t t he f ive b a s i c mon i toring obj e c t i v e s federal regulations specify: (1) To d e te r m i ne h i g h e st co n ce ntr a t i ons e x p ec ted to o cc u r in the a rea c ov e r e d b y the n e twor k ; (2) To d e te r m i ne r e p re s e nta t ive c on ce nt r a t i ons in a re a s of hi g h popu l a t i on d e n si t y ; (3) To d e te r m i ne the impa c t of si g nifi c a nt sour c e s o r sour c e c a t e g o r ies on a m b ient pol l ut i on lev e ls; (4) To d e te r m i ne g e n e r a l b a c k g round c on c e nt r a t i on l e v e ls; a nd (5) To d e te r m i ne tr a nsp o rt c h a r a c t e rist i c s in t o a nd o u t of a irsh e ds. DEQ mon i tors a mb i e nt a ir c on ce nt r a t i ons of PM 2.5 throughout Oregon. The state meets the annual PM 2.5 standard all across the state and all areas are in attainment. Federal reference monitors are located in: • Medford • Grants Pass • Portland Metro Area (Portland and Hillsboro) • Eugene/Springfield • Oakridge • Cottage Grove • Klamath Falls • Lakeview • Burns • PrinevilleStaff Report page | 5 Figure 1: Annual PM 2.5 Standard Comparison in Oregon

Infrastructure SIP submittals This proposal addresses the CAA requirement that states must submit infrastructure SIPs within three years of a NAAQS revision to demonstrate they have the basic air quality program components in place to implement the revised NAAQS. The proposed rule amendments are needed to ensure DEQ has the necessary authority to enforce and implement the latest natio nal standards for PM 2.5 . The proposed rule amendments would revise the existing ambient air quality standards for PM 2.5 under Oregon Administrative Rule chapter 340, division 202 to reflect the annual NAAQS for fine particles (PM 2.5 ) EPA adopted. Regu lated parties

The proposed amendment of Oregon Administrative Rule 340 - 200 - 0040 to incorporate the latest NAAQS for PM 2.5 into the State of Oregon Clean Air Act Implementation Plan does not add or remove any parties regulated by DEQ. However, it does set a more restrictive standard .Staff Report page | 6 Request for other options

DEQ must adopt the proposed rule amendments to allow DEQ’s implementation of the NAAQS for this pollutant and enable DEQ to request that EPA approve the proposed amendments as revisions to the Or egon SIP. The proposed rule amendments are necessary to update infrastructure elements of the Oregon SIP by incorporating the revised national standards for PM 2.5 in order to comply with the requirements of the Clean Air Act. Therefore, DEQ has not request ed input for other options. 

### Crosswalk Submittal and Interstate Transport Infrastructure SIP: Other documentation Crosswalk : In addition to the rule amendments described above, DEQ is submitting what is referred to as a “crosswalk” for EQC approval and submittal to EPA (Attachment B). DEQ developed the crosswalk in collaboration with EPA Region 10 as an informal guide to show how essential DEQ rules address required infrastructure SIP elements of CAA Section 110( a)(2)(A) - 110(a)(2)(M) . The crosswalk is included with this proposal for EQC approval and submittal to EPA as DEQ’s demonstration that the Oregon SIP meets the infrastructure requirements to implement, maintain and enforce the annual NAAQS for PM 2.5 as specified in Section 110 of the Clean Air Act. The crosswalk addresses the required infrastructure elements of Section 110(a)(1) and 110(a)(2). While the crosswalk is not considered part of the official record of Oregon’s SIP, it is proposed for submit tal to EPA as a reference tool to demonstrate how applicable Oregon Administrative Rules and authorizing Oregon Revised Statutes correspond to and satisfy federal CAA Section 110(a)(1) and (a)(2) requirements for Infrastructure SIP submittals. DEQ has mad e an effort to include the relevant Oregon Administrative Rules and corresponding Oregon Revised Statutes in the crosswalks for ease of reference. However, it should be noted that the official record of Oregon Administrative Rules that constitute the feder ally - approved Oregon SIP is listed in subpart MM of 40 C.F.R, part 52. Interstate Transport : The interstate transport provision in the CAA, section 110(a)(2)(D)(i), (also called “the good neighbor” provision) requires each state to submit a SIP that pro hibits emissions that will have certain adverse air quality effects in other states. This section of the SIP is due within three years of the EPA establishing a new or revised NAAQS. DEQ’s SIP addresses the interstate transport of PM 2.5 . Note: The intersta te transport submittal also addresses Sulfur Dioxide (SO 2 ), Nitrogen Dioxide (NO 2 ) and Lead (Pb) SIP standards updated in 2013. The attached Interstate Transport document meets these requirements. (Attachment C).Staff Report page | 7 

### Statement of Need What need would the proposed rule address? States have a legal obligation under the Clean Air Act to amend their administrative rules to adopt new or revised NAAQS and incorporate these standards into their State Clean Air Act Implementation Plans. Amend ments to Oregon Administrative Rule are needed to incorporate the annual NAAQS for fine particulate matter (PM 2.5 ) into the DEQ standard and to revise the definition of NAAQS to incorporate PM 2.5 into the Oregon SIP. How would the proposed rule solve the problem? The proposed rule amendments will incorporate the annual NAAQS for PM 2.5 , as the CAA requires, as well as revise the Oregon Administrative Rule definition of NAAQS to incorporate PM 2.5 for clarification. If adopted, these proposed rule amendments will allow DEQ to submit the revised infrastructure SIP requirements to the U.S. Environmental Protection Agency for approval as revisions to the Oregon SIP. How will DEQ know the problem has been solved? Once EQC adopts them, DEQ will file the proposed rule amendments with the Secretary of State and submit them to EPA for approval as documentation of the updates made to the Oregon SIP. DEQ will know the problem has been solved when EPA approves the updated infrastructure elements of Oregon’s SIP and those elements are published in the Federal Register. 

### Rules affected, authorities, supporting documents Lead division Program or activity

Environmental Solutions Air Planning Chapter 340 action

Amend: OAR 340 - 200 - 00 4 0; OAR 340 - 202 - 0060(3); OAR 340 - 250 - 0030(22) Statutory authority

ORS 468, 468 .020, 468A Statute implemented

ORS 468A Documents relied on for rulemakingStaff Report page | 8 

### Document title Document location Infrastructure and Interstate Transport SIPS (EPA) http://www.epa.gov/airquality/urbanair/sipst atus/reports/or_infrabypoll.html Interstate Transport Technical Support Documents (EPA) http://www.regulations.gov/#!documentDetail; D=EPA - R10 - OAR - 2011 - 0446 - 0012 2011 Oregon Title V Emissions Inventory (DEQ) Document available upon request from DEQ Headquarters, 811 SW 6 th Ave. Portla nd, OR 97024 TRAACS database query for large businesses (DEQ) Document available upon request from DEQ Headquarters, 811 SW 6 th Ave. Portland, OR 97024 2013 Oregon Annual Ambient Air Monitoring Network Plan (DEQ) http://www.deq.state.or.us/aq/forms/2013A QMonNetPlan.pdf 

### Fee Analysis This rulemaking does not involve fees. 

### Statement of fiscal and economic impact Fiscal and Economic Impact This proposal would have a fiscal impact on DEQ to the extent that resources are necessary to implement the new PM 2.5 NAAQS. DEQ’s current budget includes resources to implement the NAAQS monitoring program as well as conduct planning, technical analysis and monitoring , rulemaking, and community outreach activities as needed if compliance problems with federal NAAQS occur in the future. States are routinely required to incorporate federal revisions to the NAAQS into their rules and subsequently revise their State Implem entation Plans to address related infrastructure elements. The CAA requires EPA to revise the national standards for a criteria pollutant when new information is available to suggest a more protective standard is necessary to protect public health and welf are. There may be a fiscal impact on new and modified industrial sources or other emissions source categories in Oregon if controls or strategies are needed to meet the more stringent standard. If such controls are needed DEQ will do an analysis of the fiscal and economic impacts at that time. Statement of Cost of ComplianceStaff Report page | 9 State and Federal Agencies; Local Governments; Public; Large Businesses Because the NAAQS are fe deral requirements under the CAA, DEQ is required to adopt and implement these standards in Oregon. In adopting its amended requirements, the federal government evaluated the potential fiscal impact and that impact has already been imposed when the federal government adopted these rule changes. Small Businesses Because the NAAQS are federal requirements under the CAA, DEQ is required to adopt and implement these standards in Oregon. In adopting its amended requirements, the federal government evaluated th e potential fiscal impact and that impact has already been imposed when the federal government adopted these rule changes. a. Estimated number of small businesses and types of businesses and industries with small businesses subject to proposed rule. DEQ is unable to determine this based on available information. b. Projected reporting, recordkeeping and other administrative activities, including costs of professional services, required for small businesses to comply with the proposed rule. DEQ is unable to determine this based on available information.

c. Projected equipment, supplies, labor and increased administration required for small businesses to comply with the proposed rule. DEQ is unable to determine this based on available inform ation. DEQ is unable to determine this based on available information. d. Describe how DEQ involved small businesses in developing this proposed rule. DEQ is unable to determine this based on available information. Documents relied on for fiscal and economic impact None were necessary. Advisory committeeStaff Report page | 10 DEQ did not appoint an advisory committee for the proposed permanent rule amendments. Th is rulemaking proposal is necessary to align Oregon Administrative Rules with federally revised NAAQS under the CAA. The proposed changes are required to demonstrate that Oregon DEQ has the appropriate rules, programs and agreements in place to implement t he CAA. As such, there was no policy choice to be made which an advisory committee’s input could help inform. Housing cost To comply with ORS 183.534 , DEQ determined the proposed rules would have no effect on the development cost of a 6,000 - square - foot parcel and construction of a 1,200 - square - foot detached, single - family dwelling on that parcel. 

### Federal relationship Relationship to federal requirements

This section complies with OAR 340 - 011 - 0029 and ORS 468A.327 to clearly identify the relationship between the proposed rules and applicable federal requirements. The proposed rules would incorporate the federal regulation 40 C.F.R., Section 50.18, national primary ambient air quality standards for PM 2.5 (particles with an aerodynamic diameter of less than or equal to a nominal 2.5 micrometers). What alternatives did DEQ consider if any?

DEQ must a dopt t he pr o posed r ule a mend m e nts t o allow it to imp l e m e nt national ambient air quality standards f or PM 2.5 a nd to allow the agency to ask EPA to a ppro v e the p r o p osed a mendm e nts a s r e vis i ons to the O re g o n State Implementation Plan . B eca u s e the p r op o s e d rule a mend m e nts a r e n ece ss a r y to upd a te in f r a str u c ture e l e ments of the O r e g on S I P to c omp l y with CAA requirements, DEQ h a s not c onsid e r e d oth e r options for th i s propos a l. 

### Land Use OAR 340 - 018 - 0030 sets out EQC rules on land - use coordination . Division 18 requires DEQ to determine whether proposed rules will significantly affect land use . Land - use considerations

To determine whether the proposed rules involve programs or actions that are considered a land - use action , DEQ considered : S tatewide planning goals for specific references. Section III, subsection 2 of the DEQ State Agency Coordi nation Program document states that the following statewide land use planning goal s relate to DEQ's authority: Goal TitleStaff Report page | 11 5 Open Spaces, Scenic and Historic Areas, and Natural Resources 6 Air, Water and Land Resources Quality 11 Public Facilities and Services 16 Estuarial R esources 9 Ocean Resources Determination

DEQ determined that the proposed rules listed under the Chapter 340 Action section above do not affect existing rules, programs or activities considered land - use programs or a ctions in OAR 340 - 018 - 0030 or in the DEQ State Agency Coordination Program. 

### Stakeholder and public involvement Advisory committee

DEQ did not c onv e ne a n a dviso r y c om m i t te e . This rul e making p ropos a l ma k e s ne c e s s a r y a mendm e nts t o O r e g on Admin i str a t i ve Rules w hich a re p a rt of the O re g o n Cle a n Air A c t S tate I mp l e men t a t i on P lan. The pro p osed c h a n g e s c o rre spond with r e vis i ons to the NAAQS f o r PM 2.5 and a re r e quir e d b y the Cl ea n Air A c t t o pr o vide D EQ the a uthori t y to i mp l e m e nt t he c u rr e nt N A A QS f o r th e se pol l utants. EQC prior involvement

DEQ shares general rulemaking information with EQC through the annual DEQ Rulemaking Plan review and monthly status report. DEQ did not present additional information specific to this proposed rule revision beyond the annual rulemaking plan and monthly rulemaking report. Public notice

DEQ submitted the notice of the rulemaking : • To Secretary of State for publication in the August 1, 2015 Oregon Bulletin • By email to EPA on June 15, 2015 • On June 15, 2015 b y posting notice on DEQ’s webpage: SIP PM 2.5 Standard Update Rulemaking Page • By maili ng approximately 6778 interested parties on the Agency Rulemaking List through GovDelivery on June 15, 2015 , and June 17, 2015. • On June 15, 2015 by em ail to t he following key legislators required under ORS 183.33 : o State Sen . Chris Edwards, Chair , Senate Committee on Environment and Natural ResourcesStaff Report page | 12 o State Rep. Jessica Vega Pederson , Chair , House Committee on Energy and Environment • To The Oregonian on June 15, 2015 • By linking to the DEQ web page identified above in Facebook and Twitter postings on June 1 5 , 2015 Public hearings and comment DEQ held one public hearing. DEQ received five public comments. The following is a s ummary of comments DEQ received during the public comment period with cross reference to the commenter number. DEQ ’s response follows the summary. Original comments are on file with DEQ. Presiding Officers’ Record

Hearing Meeting location: DEQ Headquarters , 811 SW Sixth Avenue, Portland, OR Meeting date and time: Tuesday, August 18, 2015 , 5:00 pm Presiding Officer: Nancy Cardwell T he presiding officer convened the hearing and summarized procedures for the hearing including notification that DEQ was recording the hearing. The presiding offic er a sked people who wanted to present verbal comments to complete, sign and submit a registration form or, if attending by Web conference to indicate their intent to present comments . A s Oregon Administrative Rule 137 - 001 - 0030 requires, the presiding officer summarized the content of the rulemaking notice . One person attended the hearing but no testimony was presented. 

### Summary of comments and DEQ responses Comments received by close of public comment period

The table below lists five people and organizations that submitted public comments about the proposed rules by the deadline . Original comments are on file with DEQ. 1. Commenter William H. Pokorny Affiliation Citizen Responses to Mr. Pokorny’s letter: • What is the rational difference of EPA designating Klamath Falls and Oakridge as non attainment for PM 2.5 and showing Klamath Falls and Oakridge ( Notice, Figure 1, page 4) as well within the standard?Notice page | 13 Response: This rulemaking addresses the PM 2.5 annual standard , not the 24 hour PM 2.5 standard . Figure 1 shows that areas in Oregon are in attainment for the PM 2.5 annual standard. • W hy claim there is no fiscal/economic impact? (Notice , Page 9 fiscal/economic impact) R esponse: The infrastructure SIP update demonstrates Oregon has the capacity to implement the CAA. Oregon is adopting the standard by itself and it does not impose any new regulations. • W hy is the City of Oakridge not referenced in OAR 340 - 240 Rules for Areas with Uniq ue Air Quality Nee ds? (Attachment B, Page 8, Crosswalk) Response: The City of Oakridge is under the jurisdiction of Lane Regional Air Protection Agency (LRAPA) . For more information, contact LRAPA at 1010 Main Street, Springfield, OR 97477, 541 - 736 - 1056. aA Protection Agency | 1010 Main Street • Why are heavy duty vehicles not addressed? (Attachment B, Page 8, Crosswalk) Response: The purpose of the infrastructure SIP update is to adopt the new federal annual PM 2.5 standard and demonstrate Oregon has the capacity to implement the Clean Air Act for this pollutant . It is not the purpose of this rulemaking to impose new emission reduction regulations. Efforts to reduce air pollution from diesel engines (a source of both fine particulate and air toxics), a re pursued through other DEQ programs. • W hy does the reference to r esidential wood heating (340 - 262) ha ve a note stating “ A ll particulate matter references are to PM 10 ” ? ( Attachment B, Page 8, Crosswalk) Response: DEQ acknowledges that curtailing wood burning strategies help reduce both PM 10 and PM 2.5 and will remove the reference . • What is the nonattainment status of Klamath Falls and Oakridge ? ( Attachment C, Page 6, Interstate Transport Report) Response: There are no non - attainment areas in Oregon for the annual PM 2.5 s tandard. Regarding the 24 hour PM 2.5 standard, both Klamath Falls and Oakridge are nonattainment areas, however Klamath Falls is no longer violating the standard and will begin work to be redesignated to an attainment area. • Why is there only one monitoring station for NO 2 in Oregon? ( Attachment C, Page 9, Interstate Transport Report ) Response: DEQ has two monitors in the Portland area (one in SE Portland and one next to Interstate 5 in Tualatin). Monitored emission s for NO 2 ha ve always been low , well below the standard in Oregon.Notice page | 14 • The vertical scales on Figures 8 - 11 (NO 2 ), Figures 12 - 15 (SO 2 ) and Figure 17 - 20 (Pb) should be the same (Attachment C, Pages 11 - 12 and 14 - 16 , Interstate Transport Rep ort) R esponse: The charts were developed by each individual state. Each state used a scale appropriate to their measurements. • Explain the gap on Figure 8 and Figure 10 (Attachment C, Pages 11 - 12 , Interstate Transport Report) Response : Washington State did not monitor for NO 2 between 2006 and 2013. Ba sed on the Primary NAAQS for NO 2 final rule signed in 2010, monitoring resumed in January 2013 (from Dep artment of Ecology 2011 Ambient Air Monitoring Network report). • Why is there an overall lack of monitoring stations in Oregon? Response: DEQ has a five year monitoring plan for the S tate of Oregon and has as many monitors as resources currently allow. DEQ utilize s monitors where there appears to be the biggest public health risk . Monitors are also located based on specific criteria EPA requires. DEQ receives funding from EPA and they consider population, pollution levels, and monitoring network coverage. Other states with more population or worse pollution get more funding. DEQ operates ab out 45 air monitoring sites across the state. It is not possible to monitor everywhere, so DEQ also gathers and analyzes emissions information and use modeling to assess pollution levels and its impact on communities and neighborhoods. • Inquired about the specific monitoring status of Oakridge with its unique geography and the role of DEQ in Lane County . Response: Particulate monitoring has been done at the location now known as the Willamette Activity Center (WAC) in Oakridge since 1983 by the Lane Re gional Air Protection Agency (LRAPA). The monitoring site meets the federal and state criteria for a neighborhood - scale monitoring site within the area of the highest particulate concentrations in Oakridge, consistent with the geography of the area. The fe deral and state criteria require monitoring within the area of highest concentration in order to have confidence that the entire Oakridge area will be in compliance with the air quality health standards when air pollution is reduced to meet the air quality health standards at that monitoring location. Validation studies have been done multiple times (specifically in 1991, 1994 and 2003) since 1983 to confirm that the WAC location is in conformance with federal and state monitoring requirements. The LRAPA ai r monitoring network throughout Lane County is periodically audited by D EQ and EPA. • Why does LRAPA continue to be the air monitoring agency in only one Oregon county ? Response: LRAPA is Oregon’s only local regional air quality agency , and was formed under Oregon statutes . LRAPA was established in 1968 by intergovernmental agreement between Lane County and some of the cities within Lane County . LRAPA therefore, has no authority outside of Lane County .Notice page | 15 2. Commenter Kathryn VanNatta Affiliation Northwest Pulp & Paper Association C ommenter supports state adoption of the proposed rule changes and submitting document for EPA approval. 3. Commenter Paul Ruscher Affiliation Citizen Commenter s upport s DEQ's proposal to adopt the federal PM 2.5 standard, but urges DEQ, Department of Forestry, Bureau of Land Management and United States Forest Service to work together in coordinating controlled burns. Response: DEQ appreciate s the comment. DEQ works closely with the Oregon Department of Forest ry an d other federal forestry agencies to implement the Oregon Smoke Management Program to minimize smoke impacts in communities fr o m prescribed burning. The smoke management program also include s several community specific agreements for addressing nonatt ainment concerns in places like Lakeview , Oakridge, Medford, and Klamath Falls . 4. Commenter John Krallman Affiliation Neighbors for Clean Air and the Northwest Environmental Defense Center C ommenters believe that Oregon's proposed Infrastructure SIP fails to meet the minimum requirements of the Clean Air Act because DEQ relies upon a permit program that uses Plant Site Emission Limits (PSEL) in order to determine compliance with 42 U.S.C. section 110((a)(2)(J). Response: Commenter’s concerns abou t the PSEL and Oregon’s Prevention of Signi ficant D e terioration (PSD) program are outside the scope of this rulemaking. 5. Commenter Michael D. Woods Affiliation Citizen Comment er inquired about time limits for wood burning stoves/furnaces in the city areas. Response: There are no time limits for wood burning stoves per se. However, many communities who are trying to address PM 2.5 pollution levels do have woodstove curtailment programs in place, where they either voluntarily ask or require people not to burn on certain poor air quality days. For more information the commenter may contact their local city or county to see if there a re any programs in place. 

### Five - year review ORS 183.405Notice page | 16 Requirement Oregon law r equires DEQ to review new rules within five years after EQC adopts the m. The law also exempts some rules from review. DEQ determined whether the rules described in this report are subject to the five - year review. DEQ based its analysis on the law in effect when EQC adopted these rules. Exemption from five - year rule review

The Administrative Procedures Act exempts all o f the proposed rules from the five - year review b ecause the proposed rules would a mend an existing rule. ORS 183.405(4).

### Attachment 2 Evidence that the state has the necessary legal authority

For the legal authority, see page 7 of Attachment 1.1

### Attachment 3 Provisions submitted for approval 3.1 Amended rules submitted to Secretary of State Effective October 16, 2015: OAR 340 - 200 - 0040* , 340 - 202 - 0060 , 340 - 250 - 0030 3.2 Redline strikeout version of amended rules submitted to Secretary of State Effective October 16, 2015: OAR 340 - 200 - 0040* , 340 - 202 - 0060 , 340 - 250 - 0030 *Denotes rules that are not included in the State of Oregon Clean Air Act State Implementation Plan but are being submitted to show a complete account of the rulemaking package.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 DEQ and is adopted as the State Implementation Plan (SIP) of the State of Oregon pu rsuant to the FCAA, 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 EQC’s rulemaking procedures in OAR 340 division 11 of this chapter and any other requirements contained in the SIP and w ill be submitted to the EPA for approval. The SIP was last modified by the EQC on October 15, 2015. (3) Notwithstanding any other requirement contained in the SIP, DEQ may: (a) Submit to the EPA any permit condition implementing a rule that is part of th e federally approved SIP as a source - specific SIP revision after DEQ has complied with the public hearings provisions of 40 CFR 51.102; and (b) Approve the standards submitted by LRAPA if LRAPA adopts verbatim, other than non substantive differences, any standard that the EQC has adopted, and submit the standards to EPA for approval as a SIP revision. (4) Revisions to the State of Oregon Clean Air Act Implementation Plan become federally enforceable upon approval by the EPA. If any provision of the federa lly approved State Implementation Plan conflicts with any provision adopted by the EQC, DEQ must enforce the more stringent provision. Stat. Auth.: ORS 468.020 & 468A Stats. Implemented: ORS 468A.035 & 468A.135 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. & ef. 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. & ef. 2 - 1 - 85; DEQ 12 - 1985, f. & ef. 9 - 30 - 85; DEQ 5 - 1986, f. & ef. 2 - 21 - 86; DEQ 10 - 1986, f. & ef. 5 - 9 - 86; DEQ 20 - 1986, f. & ef. 11 - 7 - 86; DEQ 21 - 1986, f. & ef. 1 1 - 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 - 1 991, 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. ef. 2 - 4 - 92; D EQ 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 - 3 - 94; DEQ 5 - 1994, f. & cert. ef. 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. e f. 5 - 1 - 95; DEQ 14 - 1995, f. & cert. ef. 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. 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. ef. 10 - 22 - 96; DEQ 23 - 1996, f. & cert. ef. 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 - 1 998, 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 - 21 - 99; DEQ 10 - 1999, f. & cert. ef. 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. ef. 6 - 1 - 01; DEQ 6 - 2000, f. & cert. ef. 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. ef. 10 - 25 - 00; DEQ 17 - 2000, f. & cert. ef. 10 - 25 - 00; DEQ 20 - 2000 f. & cert. ef. 12 - 15 - 00; DEQ 21 - 2000, f. & cert. ef. 12 - 15 - 00; DEQ 2 - 2001, f. & cert. ef. 2 - 5 - 01; DEQ 4 - 2001, f. & cert. ef. 3 - 27 - 01; DEQ 6 - 2001, f. 6 - 18 - 01, cert. ef. 7 - 1 - 01; DEQ 15 - 2001, f. & cert. ef. 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. ef. 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. ef. 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. ef. 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. 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; DEQ 8 - 2009, f. & cert. e f. 12 - 16 - 09; DEQ 2 - 2010, f. & cert. ef. 3 - 5 - 10; DEQ 5 - 2010, f. & cert. ef. 5 - 21 - 10; DEQ 14 - 2010, f. & cert. ef. 12 - 10 - 10; DEQ 1 - 2011, f. & cert. ef. 2 - 24 - 11; DEQ 2 - 2011, f. 3 - 10 - 11, cert. ef. 3 - 15 - 11; DEQ 5 - 2011, f. 4 - 29 - 11, cert. ef. 5 - 1 - 11; DEQ 18 - 2011, f. & cert. ef. 12 - 21 - 11; DEQ 1 - 2012, f. & cert. ef. 5 - 17 - 12; DEQ 7 - 2012, f. & cert.ef 12 - 10 - 12; DEQ 10 - 2012, f. & cert. ef. 12 - 11 - 12; DEQ 4 - 2013, f. & cert. ef. 3 - 27 - 13; DEQ 11 - 2013, f. & cert. ef. 11 - 7 - 13; DEQ 12 - 2013, f. & cert. ef. 12 - 19 - 13; DEQ 1 - 2014, f. & cert. ef. 1 - 6 - 14; DEQ 4 - 2014, f. & cert. ef. 3 - 31 - 14; DEQ 5 - 2014, f. & cert. ef. 3 - 31 - 14; DEQ 6 - 2014, f. & cert. ef. 3 - 31 - 14; DEQ 7 - 2014, f. & cert. ef. 6 - 26 - 14; DEQ 6 - 2015, f. & cert. ef. 4 - 16 - 15; DEQ 7 - 2015, f. & cert. ef. 4 - 16 - 15DIVISION 202 AMBIENT AIR QUALITY STANDARDS AND PSD INCREMENTS 340 - 202 - 0060 Suspended Particulate Matter Concentrations of the fraction of suspended particulate that is equal to or less than ten microns in aerodynamic diameter in ambient air as measured by an approved m ethod must not exceed: (1) 150 micrograms of PM10 per cubic meter of air as a 24 - hour average concentration for any calendar day. This standard is attained when the expected number of days per calendar year with a 24 - hour average concentration above 150 mi crograms per cubic meter as determined in accordance with Appendix K of 40 CFR 50 is equal to or less than one at any site. Concentrations of the fraction of suspended particulate that is equal to or less than 2.5 microns in aerodynamic diameter in ambient air as measured by an approved method must not exceed: (2) 35 micrograms of PM2.5 per cubic meter of air as a 3 - year average of annual 98th percentile 24 - hour average values recorded at each monitoring site. This standard is attained when the 3 - year average of annual 98th percentile 24 - hour average concentrati ons is equal to or less than 35 micrograms per cubic meter as determined in accordance with Appendix N of 40 CFR 50 . (3) 12 micrograms of PM2.5 per cubic meter of air as a 3 - year average of the annual arithmetic mean. This standard is attained when the an nual arithmetic mean concentration is equal to or less than 12 micrograms per cubic meter as determined in accordance with Appendix N of 40 CFR 50 . NOTE: This rule is included in the State of Oregon Clean Air Act Implementation Plan as adopted by the Envir onmental Quality Commission under OAR 340 - 200 - 0040. Stat. Auth.: ORS 468 & 468A Stats. Implemented: ORS 468A.025 Hist.: DEQ 37, f. 2 - 15 - 72, ef. 3 - 1 - 72; DEQ 8 - 1988, f. & cert. ef. 5 - 19 - 88 (corrected 9 - 30 - 88); DEQ 24 - 1991, f. & cert. ef. 11 - 13 - 91; DEQ 4 - 1993 , f. & cert. ef. 3 - 10 - 93; DEQ 14 - 1999, f. & cert. ef. 10 - 14 - 99, Renumbered from 340 - 031 - 0015; DEQ 6 - 2001, f. 6 - 18 - 01, cert. ef. 7 - 1 - 01; DEQ 5 - 2010, f. & cert. ef. 5 - 21 - 10; DEQ 5 - 2011, f. 4 - 29 - 11, cert. ef. 5 - 1 - 11DIVISION 250 GENERAL CONFORMITY 340 - 250 - 0030 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 (P M10 , PM 2.5 ), and sulfur dioxide (SO2). [ 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 & ORS468A.035 Stats. Implemented: ORS 468A.035 Hist.: DEQ 9 - 1995, f. & cert. ef. 5 - 1 - 95; DEQ 17 - 1998, f. & cert. ef. 9 - 23 - 98; DEQ 14 - 1999, f. & cert. ef. 10 - 14 - 99, Renumbered from 340 - 020 - 1510DEPARTMENT 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 DEQ and is adopted as the State Implementation Plan (SIP) of the State of Oregon pu rsuant to the FCAA, 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 EQC’s rulemaking procedures in OAR 340 division 11 of this chapter and any other requirements contained in the SIP and w ill be submitted to the EPA for approval. The SIP was last modified by the EQC on October 15, 2015 April 16, 2015 . (3) Notwithstanding any other requirement contained in the SIP, DEQ may: (a) Submit to the EPA any permit condition implementing a rule that is part of the federally approved SIP as a source - specific SIP revision after DEQ has complied with the public hearings provisions of 40 CFR 51.102; and (b) Approve the standards submitte d by LRAPA if LRAPA adopts verbatim, other than non substantive differences, any standard that the EQC has adopted, and submit the standards to EPA for approval as a SIP revision. (4) Revisions to the State of Oregon Clean Air Act Implementation Plan beco me federally enforceable upon approval by the EPA. If any provision of the federally approved State Implementation Plan conflicts with any provision adopted by the EQC, DEQ must enforce the more stringent provision. Stat. Auth.: ORS 468.020 & 468A Stats. Implemented: ORS 468A.035 & 468A.135 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. & ef. 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. & ef. 2 - 1 - 85; DEQ 12 - 1985, f. & ef. 9 - 30 - 85; DEQ 5 - 1986, f. & ef. 2 - 21 - 86; DEQ 10 - 1986, f. & ef. 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. & 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; D EQ 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. ef. 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. & cer t. 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 - 3 - 94; DEQ 5 - 1994, f. & cert. ef. 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. ef. 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. 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. ef. 10 - 22 - 96; DEQ 23 - 1996, f. & cert. ef. 11 - 4 - 96; DEQ 24 - 1996, f. & cert. ef. 11 - 26 - 96; DEQ 10 - 1998, f. & cert. ef. 6 - 22 - 98; D EQ 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 - 21 - 99; DEQ 10 - 1999, f. & cert. ef. 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. ef. 6 - 1 - 01; DEQ 6 - 2000, f. & cert. ef. 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. ef. 10 - 25 - 00; DEQ 17 - 2000, f. & cert. ef. 10 - 25 - 00; DEQ 20 - 2000 f. & cert. ef. 12 - 15 - 00; DEQ 21 - 2000, f. & cert. ef. 12 - 15 - 00; DEQ 2 - 2001, f. & cert. ef. 2 - 5 - 01; DEQ 4 - 2001, f. & cert. ef. 3 - 27 - 01; DEQ 6 - 2001, f. 6 - 18 - 01, cert. ef. 7 - 1 - 01; DEQ 15 - 2001, f. & cert. ef. 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. e f. 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. ef. 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. ef. 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. ef. 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. 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; DEQ 8 - 2009, f. & cert. ef. 12 - 16 - 09; DEQ 2 - 2010, f. & cert. ef. 3 - 5 - 10; DEQ 5 - 2010, f. & cert. ef. 5 - 21 - 10; DEQ 14 - 2010, f. & cert. ef. 12 - 10 - 10; DEQ 1 - 2011, f. & cert. ef. 2 - 24 - 11; DEQ 2 - 2011, f. 3 - 10 - 11, cert. ef. 3 - 15 - 11; DEQ 5 - 2011, f. 4 - 29 - 11, cert. ef. 5 - 1 - 11; DEQ 18 - 2011, f. & cert. ef. 12 - 21 - 11; DEQ 1 - 2012, f. & cert. ef. 5 - 17 - 12; DEQ 7 - 2012, f. & cert.ef 12 - 10 - 12; DEQ 10 - 2012, f. & cert. ef. 12 - 11 - 12; DEQ 4 - 2013, f. & cert. ef. 3 - 27 - 13; DEQ 1 1 - 2013, f. & cert. ef. 11 - 7 - 13; DEQ 12 - 2013, f. & cert. ef. 12 - 19 - 13; DEQ 1 - 2014, f. & cert. ef. 1 - 6 - 14; DEQ 4 - 2014, f. & cert. ef. 3 - 31 - 14; DEQ5 - 2014, f. & cert. ef. 3 - 31 - 14; DEQ 6 - 2014, f. & cert. ef. 3 - 31 - 14; DEQ 7 - 2014, f. & cert. ef. 6 - 26 - 14; DEQ 6 - 2 015, f. & cert. ef. 4 - 16 - 15; DEQ 7 - 2015, f. & cert. ef. 4 - 16 - 15 DIVISION 202 AMBIENT AIR QUALITY STANDARDS AND PSD INCREMENTS 340 - 202 - 0060 Suspended Particulate Matter Concentrations of the fraction of suspended particulate that is equal to or less than ten microns in aerodynamic diameter in ambient air as measured by an approved method must not exceed: (1) 150 micrograms of PM10 per cubic meter of air as a 24 - hour average concentration for any calendar day. This standard is attained when the expected num ber of days per calendar year with a 24 - hour average concentration above 150 micrograms per cubic meter as determined in accordance with Appendix K of 40 CFR 50 is equal to or less than one at any site. Concentrations of the fraction of suspended particula te that is equal to or less than 2.5 microns in aerodynamic diameter in ambient air as measured by an approved method must not exceed: (2) 35 micrograms of PM2.5 per cubic meter of air as a 3 - year average of annual 98th percentile 24 - hour average values re corded at each monitoring site. This standard is attained when the 3 - year average of annual 98th percentile 24 - hour average concentrations is equal to or less than 35 micrograms per cubic meter as determined in accordance with Appendix N of 40 CFR 50 . (3) 15 12 micrograms of PM2.5 per cubic meter of air as a 3 - year average of the annual arithmetic mean. This standard is attained when the annual arithmetic mean concentration is equal to or less than 15 12 micrograms per cubic meter as determined in acco rdance with Appendix N of 40 CFR 50 . 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 & 468A Stats. Implemented: ORS 468A.02 5 Hist.: DEQ 37, f. 2 - 15 - 72, ef. 3 - 1 - 72; DEQ 8 - 1988, f. & cert. ef. 5 - 19 - 88 (corrected 9 - 30 - 88); DEQ 24 - 1991, f. & cert. ef. 11 - 13 - 91; DEQ 4 - 1993, f. & cert. ef. 3 - 10 - 93; DEQ 14 - 1999, f. & cert. ef. 10 - 14 - 99, Renumbered from 340 - 031 - 0015; DEQ 6 - 2001, f. 6 - 18 - 01, cert. ef. 7 - 1 - 01; DEQ 5 - 2010, f. & cert. ef. 5 - 21 - 10; DEQ 5 - 2011, f. 4 - 29 - 11, cert. ef. 5 - 1 - 11DIVISION 250 GENERAL CONFORMITY 340 - 250 - 0030 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 , PM 2.5 ), and sulfur dioxide (SO2). [ NOTE: This rule is included in the State of Oregon Clean Air Act Impl ementation Plan as Adopted by the Environmental Quality Commission under OAR 340 - 200 - 0040.] Stat. Auth.: ORS 468.020 & ORS468A.035 Stats. Implemented: ORS 468A.035 Hist.: DEQ 9 - 1995, f. & cert. ef. 5 - 1 - 95; DEQ 17 - 1998, f. & cert. ef. 9 - 23 - 98; DEQ 14 - 1999, f. & cert. ef. 10 - 14 - 99, Renumbered from 340 - 020 - 1510

### 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, 201 5 , publication 4.2 Certificate and Order for Filing Permanent Administrative Rules, filed and effective October 1 6, 201 5

# OREGON BULLETIN

Supplements the 2015 Oregon Administrative Rules Compilation 

### Volume 54, No. 8

August 1, 2015 For June 16, 2015–July 15, 2015

Published by JEANNE P. ATKINS Secretary of State Copyright 2015 Oregon Secretary of StateA call-in number is available for the public hearing, please see website for details: http://www.oregon.gov/energy/CONS/Pages/ Rulemaking-Energy_Incentive_Program.aspx Rules Coordinator: Elizabeth Ross Address: Department of Energy, 625 Marion St. NE, Salem, OR 97301 Telephone: (503) 373-8534 Department of Environmental Quality Chapter 340 Rule Caption: Infrastructure SIP PM2.5 Standard Update Date: Time: Location: 8-18-15 5 p.m. DEQ Headquarters, Rm. EQC B 811 SW 6th Ave. Portland, OR 97204 Hearing Officer: Staff Stat. Auth.: ORS 468, 468.020, 468A & 468A.035 Stats. Implemented: ORS 468A, 468A.025 & 468A.035 Proposed Amendments: 340-200-0040, 340-202-0060, 340-250- 0030 Last Date for Comment: 8-20-15, 4 p.m. Summary: DEQ proposes the Oregon Environmental Quality Commission approve the proposed rules for incorporation into the Oregon Clean Air Act State Implementation Plan and submittal to theU.S. Environmental Protection Agency for its approval under the federal Clean Air Act. After the public notice period, DEQ will submit the proposed rules to EQC for approval. Following the commission’s approval, DEQ will submit the proposed rules to EPA for its approval.

The proposed rule amendments incorporate a revised annual National Ambient Air Quality Standard for PM 2.5 and amend the definition of NAAQS to include PM 2.5 in Oregon’s administrativerule. These changes will allow Oregon to meet Clean Air Act requirements and request that EPA approve Oregon’s revised State Implementation Plan.

The proposal includes the following actions: - Amend Oregon Administrative Rule 340-200-0040 to update the Oregon Clean Air Act State Implementation plan. If EQC adopts theamendments, the actions proposed in this rulemaking will be incorporated into and made part of the Oregon SIP.

- Amend OAR 340-202-0060(3) to incorporate the annual national primary ambient air quality standard for PM 2.5, adopted by the EPA, Dec.14, 2012, and effective on March 18, 2013.

- Amend OAR 340-250-0030(22) to include PM 2.5 as part of the definition of NAAQS.

In addition to the rule amendments outlined above, a “crosswalk” titled “Infrastructure SIP Submittal for Purposes of Clean Air ActSections 110(a)(1) and (2) for the 2012 PM 2.5 NAAQS” is included with this proposal. The crosswalk is attached to this notice asAttachment B. The crosswalk identifies existing Oregon Administrative Rules and corresponding Oregon Revised Statutes that demonstrate DEQ has the necessary authorities in place to implement requirements of Sections 110(a)(1) and (a)(2) of the CAA with respect to the current NAAQS for PM 2.5. They are included forEQC approval and submittal to EPA as documentation that the infrastructure elements of the Oregon SIP meet the requirements of the CAA as they relate to the PM 2.5 NAAQS.

The interstate transport provision in the CAA, section 110(a)(2)(D)(i), (also called “the good neighbor” provision) requireseach state to submit a SIP that prohibits emissions that will have certain adverse air quality effects in other states. This section of the SIP is due within three years of the EPA establishing a new or revised NAAQS. DEQ’s State Implementation Plan addresses the interstate transport of PM 2.5. Note: The interstate transport submittal also addresses Sulfur Dioxide (SO2), Nitrogen Dioxide (NO2) and Lead (Pb) SIP standards updated in 2013. Rules Coordinator: Meyer Goldstein Address: Department of Environmental Quality, 811 SW Sixth Ave., Portland, OR 97204 Telephone: (503) 229-6478 Rule Caption: Clean Water State Revolving Fund Date: Time: Location: 8-19-15 11 a.m. 811 SW 6th Ave. Portland, OR 97204 8-19-15 4 p.m. 811 SW 6th Ave. Portland, OR 97204 8-19-15 11 a.m. 221 Stewart Ave., Suite 201 Medford, OR 8-19-15 4 p.m. 221 Stewart Ave., Suite 201 Medford , OR 8-19-15 11 a.m. 475 NE Bellvue Dr., Suite 110 Bend, OR 8-19-15 4 p.m. 475 NE Bellvue Dr., Suite 110 Bend, OR 8-19-15 11 a.m. 700 SE Emigrant Ave., Suite 330 Pendleton, OR 8-19-15 4 p.m. 700 SE Emigrant Ave., Suite 330 Pendleton, OR 8-19-15 11 a.m. 165 E 7th Ave. Eugene, OR 8-19-15 4 p.m. 165 E 7th Ave. Eugene, OR Hearing Officer: DEQ Staff Stat. Auth.: 468.020 & 468.440 Other Auth.: HB 2451 (2015) Stats. Implemented: ORS 468.423–468.440 Proposed Amendments: 340-054-0005, 340-054-0010, 340-054- 0011, 340-054-0015, 340-054-0022, 340-054-0025, 340-054-0026, 340-054-0027, 340-054-0036, 340-054-0056, 340-054-0060, 340- 054-0065, 340-054-0071, 340-054-0072 Proposed Repeals: 340-054-0100, 340-054-0102, 340-054-0104, 340-054-0106, 340-054-0108 Last Date for Comment: 08-24-15, 4 p.m. Summary: DEQ proposes rule amendments for changes to the Clean Water State Revolving Fund program related to the 2014 federalClean Water Act amendments. The amendments will align the program with new federal law and will create the following:

- Longer financing terms to all eligible borrowers, as authorized by House Bill 2451 [2015];

- An increase in the amount of principal forgiveness available withan allocation process that maximizes its benefits to borrowers. Eligibility is limited to municipalities or intermunicipal, interstate, or state agencies;

- Expanded eligibilities for various specific project types including allowing the construction of new decentralized wastewater systems;

- New incentives to a subset of borrowers that are subject to additional federal funding application requirements;

- Additional application requirements, some of which encourage fiscal and environmental sustainability in project designs, others that are specific to certain types of federal funding;

- Simplified rules through minor changes to existing rules. Rules Coordinator: Meyer Goldstein Address: Department of Environmental Quality, 811 SW Sixth Ave., Portland, OR 97204 Telephone: (503) 229-6478 Department of Fish and Wildlife Chapter 635 Rule Caption: Amend rules related to the Malheur Lakes and Catlow Valley Redband Trout Conservation Plan. Date: Time: Location: 9-4-15 8 a.m. Best Western Oceanview Resort Lewis and Clark Ballroom 1 & 2 414 N Prom Seaside, OR 97138 

### NOTICES OF PROPOSED RULEMAKING

Oregon Bulletin August 2015: Volume 54, No. 8 9Authorization Page Generated on October 16, 2015 9:43AM PERMANENT ADMINISTRATIVE RULES Department of Environmental Quality 340 Agency and Division Administrative Rules Chapter Number Meyer Goldstein meyer.goldstein@state.or.us Rules Coordinator Email Address 811 SW Sixth Ave., Portland, OR 97204 503-229-6478 Address Telephone 10/15/2015 Adopted on Upon filing. Effective date RULE CAPTION Infrastructure SIP PM2.5 Standard Update Not more than 15 words RULEMAKING ACTION ADOPT: AMEND: 340-200-0040,340-202-0060,340-250-0030 REPEAL: RENUMBER: AMEND & RENUMBER: Stat. Auth.: ORS 468, 468.020, 468A, 468A.035 Other Auth.: Stats. Implemented: ORS 468A, 468A.025, 468A.035 RULE SUMMARY DEQ proposes the Oregon Environmental Quality Commission approve the proposed rules for incorporation into the Oregon Clean Air Act State Implementation Plan and submittal to the U.S. Environmental Protection Agency for its approval under the federal Clean Air Act. After the public notice period, DEQ will submit the proposed rules to EQC for approval. Following the commission's approval, DEQ will Page 1/Secretary of Stateyour authorized signer sign and date, then scan and attach it to your

filing. You must complete this step before submitting your Permanent and Temporary filings.

Page 3/Secretary of State

### Attachment 5 Evidence of adequate public notice 5.1 Affidavits of Publication June 15 , 201 5 : The Oregonian

### Attachment 6 Certification of public hearing For certification of the public hearing, see the cover letter and page 1 2 of Attachment 1.1

### Attachment 7 Compilation of public comment and department's response For the Presiding Officer's record for rulemaking hearings, see page 12 of Attachment 1.1 For the Summary of comments and DEQ responses, see page 1 2 of Attachment 1.1