ATTACHMENTS

Attachment 1: Evidence the state has adopted the revision

1.1 Staff Report, Agenda Item J of the October 14-15, 2015 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: 

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. 

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, 2015

Attachment 5: Evidence of adequate public notice

5.1 Affidavits of Publication June 15, 2015: 

The Oregonian 
Attachment 6: Certification of public hearing

For certification of the public hearing, see the cover letter 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 12 of 

Attachment 1.1

For the Summary of comments and DEQ responses, see page 12 of Attachment 

1.1
Attachment 1

Evidence the state has adopted the revision

1.1 Staff Report, Agenda Item J of the October 14-15, 2015 EQC meeting

Also see the Certificate and Order for Filing Permanent Administrative Rules in 

Attachment 4.2
Staff Report page | 1

Oregon Department of Environmental Quality

October 14-15, 2015

Oregon Environmental Quality Commission Meeting

Rulemaking Action Item: J

Update to Oregon State Implementation Plan for Annual Fine Particulate Matter 

(PM2.5) standard; Amend Definition of National Ambient Air Quality Standards 

to include PM2.5; and Address the Interstate Transport of Nitrogen Dioxide 

(NO2), Sulfur Dioxide (SO2), Lead (Pb) and Fine Particulate Matter (PM2.5) 

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.

Overview

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 PM2.5. 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 PM2.5 and amend the definition of NAAQS to include PM2.5 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 Plan. 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 national primary ambient air quality 

standard for PM2.5, adopted by the EPA, Dec.14, 2012, and effective on March 18, 2013.

• Amend OAR 340-250-0030(22) to include PM2.5 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 PM2.5 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 PM2.5. They are included 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 PM2.5 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 infrastructure 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.

Table 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 system 
Staff 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/participation 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" populations 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 pollutants 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 PM2.5 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/m3). EPA retained 

15 ug/m3 as the annual secondary (welfare) standard, and also retained the 24-hour primary (public 

health) standard of 35ug/m3

. 

Main Functions of a State Clean Air Act Implementation Plan 

Three actions occur when a NAAQS is added or revised, as summarized below: 

• 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 monitoring 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 compliance with the new annual PM2.5 standard, designating Oregon as in attainment 
Staff Report page | 4

for the pollutant. DEQ continues to monitor for the annual PM2.5 NAAQS through its fine 

particulate network and report data annually to EPA. 

Table 2: EPA Area Designations for Revised PM2.5 NAAQS in Oregon

2014 PM2.5

(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 PM2.5

(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 Quality Monitoring

DEQ conducts ambient air quality monitoring as 40 C.F.R. section 58.10 specifies. This rule requires 

state and local air quality agencies to develop and submit an annual ambient air quality monitoring

network plan to EPA by July 1 of each year. The DEQ ambient air quality monitoring network is 

designed in response to EPA’s National Monitoring Strategy to meet the five basic monitoring

objectives federal regulations specify:

(1) To determine highest concentrations expected to occur in the area covered by the network;

(2) To determine representative concentrations in areas of high population density; 

(3) To determine the impact of significant sources or source categories on ambient pollution 

levels;

(4) To determine general background concentration levels; and

(5) To determine transport characteristics into and out of airsheds.

DEQ monitors ambient air concentrations of PM2.5 throughout Oregon. The state meets the annual 

PM2.5 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 

• Prineville
Staff Report page | 5

Figure 1: Annual PM2.5 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 national standards for PM2.5. 

The proposed rule amendments would revise the existing ambient air quality standards for PM2.5 under 

Oregon Administrative Rule chapter 340, division 202 to reflect the annual NAAQS for fine particles 

(PM2.5) EPA adopted. 

Regulated parties

The proposed amendment of Oregon Administrative Rule 340-200-0040 to incorporate the latest 

NAAQS for PM2.5 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 Oregon SIP. The proposed rule amendments are necessary to update infrastructure elements of 

the Oregon SIP by incorporating the revised national standards for PM2.5 in order to comply with the 

requirements of the Clean Air Act. Therefore, DEQ has not requested 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 PM2.5 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 

submittal 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 made 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 federally-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 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 SIP addresses the interstate 

transport of PM2.5. Note: The interstate transport submittal also addresses Sulfur Dioxide (SO2), 

Nitrogen Dioxide (NO2) 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. Amendments to Oregon Administrative Rule are needed to incorporate 

the annual NAAQS for fine particulate matter (PM2.5) into the DEQ standard and to revise the 

definition of NAAQS to incorporate PM2.5 into the Oregon SIP. 

How would the proposed rule solve the problem? 

The proposed rule amendments will incorporate the annual NAAQS for PM2.5, as the CAA 

requires, as well as revise the Oregon Administrative Rule definition of NAAQS to incorporate 

PM2.5 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 340-200-0040; 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 rulemaking 
Staff 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 6th Ave. Portland, OR 

97024

TRAACS database query for large businesses 

(DEQ) 

Document available upon request from DEQ 

Headquarters, 811 SW 6th 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 PM2.5 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 Implementation 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 welfare. 

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 Compliance
Staff Report page | 9

State and Federal Agencies; Local Governments; Public; Large 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 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 the 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 information.

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 committee
Staff Report page | 10

DEQ did not appoint an advisory committee for the proposed permanent rule amendments. This 

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 the 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 PM2.5 (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 adopt the proposed rule amendments to allow it to implement national ambient air quality 

standards for PM2.5 and to allow the agency to ask EPA to approve the proposed amendments as 

revisions to the Oregon State Implementation Plan. Because the proposed rule amendments are

necessary to update infrastructure elements of the Oregon SIP to comply with CAA requirements,

DEQ has not considered other options for this proposal.

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:

Statewide planning goals for specific references. Section III, subsection 2 of the DEQ State Agency 

Coordination Program document states that the following statewide land use planning goals relate to 

DEQ's authority:

Goal Title
Staff 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 Resources

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 actions in OAR 340-

018-0030 or in the DEQ State Agency Coordination Program.

Stakeholder and public involvement

Advisory committee

DEQ did not convene an advisory committee. This rulemaking proposal makes necessary 

amendments to Oregon Administrative Rules which are part of the Oregon Clean Air Act State 

Implementation Plan. The proposed changes correspond with revisions to the NAAQS for PM2.5

and are required by the Clean Air Act to provide DEQ the authority to implement the current 

NAAQS for these pollutants.

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 by posting notice on DEQ’s webpage:

SIP PM2.5 Standard Update Rulemaking Page

• By mailing approximately 6778 interested parties on the Agency Rulemaking List through 

GovDelivery on June 15, 2015, and June 17, 2015.

• On June 15, 2015 by email to the following key legislators required under ORS 183.33: 

o State Sen. Chris Edwards, Chair, Senate Committee on Environment and Natural 

Resources
Staff 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 

15, 2015

Public hearings and comment

DEQ held one public hearing. DEQ received five public comments. The following is a 

summary 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

The presiding officer convened the hearing and summarized procedures for the hearing 

including notification that DEQ was recording the hearing. The presiding officer asked 

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.

As 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 nonattainment for PM2.5 and showing Klamath Falls and Oakridge (Notice, Figure 1, page 4) as 

well within the standard? 
Notice page | 13

Response: This rulemaking addresses the PM2.5 annual standard, not the 24 hour PM2.5

standard. Figure 1 shows that areas in Oregon are in attainment for the PM2.5 annual 

standard.

• Why claim there is no fiscal/economic impact? (Notice, Page 9 fiscal/economic impact)

Response: 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. 

• Why is the City of Oakridge not referenced in OAR 340-240 Rules for Areas with Unique

Air Quality Needs? (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 

PM2.5 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), are pursued through other DEQ programs. 

• Why does the reference to residential wood heating (340-262) have a note stating “All 

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 PM2.5 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 PM2.5

standard. Regarding the 24 hour PM2.5 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 NO2 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 emissions for NO2 have always been low, well 

below the standard in Oregon.

 
Notice page | 14

• The vertical scales on Figures 8-11 (NO2), Figures 12-15 (SO2) and Figure 17-20 (Pb) should 

be the same (Attachment C, Pages 11-12 and 14-16, Interstate Transport Report) 

Response: 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 NO2 between 2006 and 2013. Based on 

the Primary NAAQS for NO2 final rule signed in 2010, monitoring resumed in January 

2013 (from Department 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 State of Oregon and has as many 

monitors as resources currently allow. DEQ utilizes 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 about 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 Regional 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 federal 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 air monitoring network 

throughout Lane County is periodically audited by DEQ 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

Commenter supports state adoption of the proposed rule changes and submitting document 

for EPA approval.

3. Commenter Paul Ruscher

Affiliation Citizen

Commenter supports DEQ's proposal to adopt the federal PM2.5 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 appreciates the comment. DEQ works closely with the Oregon Department 

of Forestry and other federal forestry agencies to implement the Oregon Smoke Management 

Program to minimize smoke impacts in communities from prescribed burning. The smoke 

management program also includes several community specific agreements for addressing 

nonattainment 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

Commenters 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 about the PSEL and Oregon’s Prevention of 

Significant Deterioration (PSD) program are outside the scope of this rulemaking. 

5. Commenter Michael D. Woods

 Affiliation Citizen 

Commenter 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 PM2.5 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 are any programs in place. 

Five-year review ORS 183.405
Notice page | 16

Requirement 

Oregon law requires DEQ to review new rules within five years after EQC adopts them. 

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 of the proposed rules from the five-year

review because the proposed rules would amend 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 pursuant 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 will 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 the federallyapproved 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 nonsubstantive 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 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; DEQ 2-1991, f. 

& cert. ef. 2-14-91; DEQ 19-1991, f. & cert. ef. 11-13-91; DEQ 20-1991, f. & cert. ef. 11-13-91; 
DEQ 21-1991, f. & cert. ef. 11-13-91; DEQ 22-1991, f. & cert. ef. 11-13-91; DEQ 23-1991, f. & 

cert. ef. 11-13-91; DEQ 24-1991, f. & cert. ef. 11-13-91; DEQ 25-1991, f. & cert. ef. 11-13-91; 

DEQ 1-1992, f. & cert. 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. & 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. 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; DEQ 15-1998, f. & cert. ef. 9-23-98; DEQ 16-1998, f. & cert. ef. 9-23-98; DEQ 17-1998, 

f. & cert. ef. 9-23-98; DEQ 20-1998, f. & cert. ef. 10-12-98; DEQ 21-1998, f. & cert. ef. 10-12-

98; DEQ 1-1999, f. & cert. ef. 1-25-99; DEQ 5-1999, f. & cert. ef. 3-25-99; DEQ 6-1999, f. & 

cert. ef. 5-21-99; 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. 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 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. 4-16-15
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 number 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 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 concentrations 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 annual 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 Environmental 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. 5-1-11
DIVISION 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 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 340-020-1510
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 pursuant 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 will be submitted to the EPA for approval. The SIP was last modified 

by the EQC on October 15, 2015April 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 federallyapproved 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 nonsubstantive 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 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; DEQ 2-1991, f. 
& cert. ef. 2-14-91; DEQ 19-1991, f. & cert. ef. 11-13-91; DEQ 20-1991, f. & cert. ef. 11-13-91; 

DEQ 21-1991, f. & cert. ef. 11-13-91; DEQ 22-1991, f. & cert. ef. 11-13-91; DEQ 23-1991, f. & 

cert. ef. 11-13-91; DEQ 24-1991, f. & cert. ef. 11-13-91; DEQ 25-1991, f. & cert. ef. 11-13-91; 

DEQ 1-1992, f. & cert. 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. & 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. 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; DEQ 15-1998, f. & cert. ef. 9-23-98; DEQ 16-1998, f. & cert. ef. 9-23-98; DEQ 17-1998, 

f. & cert. ef. 9-23-98; DEQ 20-1998, f. & cert. ef. 10-12-98; DEQ 21-1998, f. & cert. ef. 10-12-

98; DEQ 1-1999, f. & cert. ef. 1-25-99; DEQ 5-1999, f. & cert. ef. 3-25-99; DEQ 6-1999, f. & 

cert. ef. 5-21-99; 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. 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 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. 4-16-15

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 number 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 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 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 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 Environmental 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. 5-1-11
DIVISION 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 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 340-020-1510
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, 2015, 

publication

4.2 Certificate and Order for Filing Permanent Administrative Rules, filed and 

effective October 16, 2015
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 State
A 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 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 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 administrative

rule. 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 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 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 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 included 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.

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 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 federal

Clean 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 with

an 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

9
Authorization 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 State

your 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, 2015: The Oregonian




Attachment 6

Certification of public hearing

For certification of the public hearing, see the cover letter 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 12 of 

Attachment 1.1

For the Summary of comments and DEQ responses, see page 12 of Attachment 1.1