Cleaner Air Oregon

Cleaner Air Oregon Rules and LRAPA Prioritization

Background

Governor Kate Brown launched the Cleaner Air Oregon rulemaking process in April 2016 after communities around the state raised concerns about their exposure to potentially harmful heavy metals, chemicals and other pollutants from factories and other industrial sources. Oregon’s existing rules were based on federal law. These existing rules allowed industrial facilities to release potentially harmful amounts of air toxics, but still operate within legal requirements.

Prioritization and Calling-in Existing Facilities 

LRAPA will implement the program next by publishing the prioritization results for existing sources and calling in several facilities on the list as resources allow. The list of approximately 70 sources on the list include all facilities with Title V Operating Permits, Standard and Simple Air Contaminant Discharge Permits (ACDPs), along with two chrome plating sources assigned to General ACDPs. LRAPA published the prioritization results on November 26, 2019. The LRAPA prioritization procedure followed the same process DEQ used which includes a method that considers numerical prioritization values, as well as certain qualitative factors.  Based on these factors, facilities were placed in priority groups or tiers. As facilities are called in, they will perform air toxics risk assessments that will determine the actual estimated risks associated with facility emissions.

The LRAPA Cleaner Air Oregon Facility Prioritization Results report (PDF) is available here: https://www.lrapa.org/DocumentCenter/View/4460/LRAPA-CAO-Prioritization-Results

The LRAPA Cleaner Air Oregon Prioritization Details file (Excel) is available here: https://www.lrapa.org/DocumentCenter/View/4459/CAO-Prioritization-Details_-LRAPA

Information on DEQ’s Cleaner Air Oregon program including fact sheets is available at: https://www.oregon.gov/deq/aq/cao/Pages/default.aspx

Updates on Calling-in Existing Facilities (6/15/20)

J.H. Baxter & Company – Eugene Plant (JHB) was called in on December 2, 2019. Their updated air toxics emission inventory was due March 2, 2020, but the facility submitted an extension request on February 13, 2020 to allow additional time to prepare the emission inventory. LRAPA granted the facility additional time on February 20, 2020 to conduct liquid sampling and other steps to complete the emission inventory in accordance with the following timeline:

  • The liquid sampling plan was submitted to LRAPA on March 6, 2020. LRAPA approved the liquid sampling plan on April 10, 2020 with a May 25,2020 deadline to conduct the liquid sampling. On April 16, 2020 JHB requested an extension of the deadline to conduct the liquid sampling due to physical distancing requirements related to the COVID-19 situation. LRAPA granted the extension on April 23, 2020. LRAPA is currently in the process of getting an update on the facility’s ability to safely conduct the liquid sampling.
  • Once it is safe to do so, JHB will schedule and conduct the sampling then have the samples analyzed, and prepare a summary report.
  • Upon completion of the sampling summary report, JHB will have 75 days to incorporate the results and produce the CAO Emission Inventory to LRAPA.

Seneca Sustainable Energy, LLC was called in on December 2, 2019. Their updated air toxics emission inventory was due March 2, 2020. The facility submitted the emission inventory on February 27, 2020. LRAPA reviewed the emission inventory and requested additional information. The facility submitted revised and/or supplemental information on March 30, 2020, May 4, 2020, and June 11, 2020. LRAPA approved the emission inventory on June 15, 2020. The facility will next submit a modeling protocol and a risk assessment work plan. The due dates vary depending on the Risk Assessment Level (see “Step 2” and “Step 3” in the flowchart here). Based on correspondence with the facility, LRAPA expects the facility to complete a Level 3 Risk Assessment. For a Level 3 Risk Assessment, the following due dates apply:

  • A modeling protocol is due no later than July 15, 2020
  • A risk assessment work plan (RAWP) is due no later than August 14, 2020.

Arauco North America, Inc. – Eugene MDF (Arauco) was called in on February 3, 2020. Their emission inventory was due May 4, 2020. However, the facility announced on February 11, 2020 that the company would begin decommissioning the facility on May 1, 2020. On February 27, 2020 the facility submitted a request to cancel the CAO call-in. LRAPA granted the request on March 2, 2020. Arauco notified LRAPA on April 29, 2020 that the facility was permanently shut down on April 28, 2020.

The Willamette Valley Company LLC was called in on March 2, 2020. Their emission inventory was due June 1, 2020. However, the facility submitted an extension request on March 23, 2020 to allow additional time due to challenges in coping with the then-emerging COVID-19 pandemic. LRAPA granted the extension on March 25, 2020. The emission inventory is now due June 22, 2020.

LRAPA plans to call-in International Paper - Springfield Mill by the end of 2020. International Paper is the last of the first five facilities announced for call-in by LRAPA in November 2019.

LRAPA and DEQ Rule Adoption

The Environmental Quality Commission adopted Cleaner Air Oregon rules in November 2018 to close the regulatory gaps left after the implementation of federal air toxics regulations. Cleaner Air Oregon is a state health risk-based air toxics regulatory program that adds requirements to LRAPA’s and DEQ’s existing air permitting framework.

The Board of Directors for Lane Regional Air Protection Agency (LRAPA) voted 7 to 0 on March 14, 2019 to approve administrative changes to integrate Cleaner Air Oregon rules with existing LRAPA program rules.  Some of the changes to existing rules amend LRAPA’s part of the Oregon Clean Air Act State Implementation Plan (SIP).  The Environmental Quality Commission (EQC) reviewed and approved the LRAPA for inclusion into the SIP at the May 2019 EQC meeting.

For a variety of reasons including scope, detail, public input and technical expertise that went into the creation of the Cleaner Air Oregon program, LRAPA will implement Division 245-Cleaner Air Oregon by reference without any changes.

In addition to closing gaps in existing air quality rules, Cleaner Air Oregon rules will provide the public greater access to air toxics emissions data and create more certainty for regulated facilities in addressing community health concerns.

More information on LRAPA’s rulemaking to adopt the Cleaner Air Oregon program is available at: http://www.lrapa.org/271/Adopted-Rules

Information on the LRAPA Board of Directors is available at: http://www.lrapa.org/159/Board-of-Directors

Questions: Please contact LRAPA: 541-736-1056, or send an email to: permitting@lrapa.org