Oregon DEQ: 2011 Adopted Rules

Ballast Water Management

Adopted	EQC Rule Adoption		Excerpt SOS Bulletin		Required Rule Review (ORS 183.405)	Summary
	Agenda Item	Audio	At Notice	At Filing
2/17	D				2/17/2016	The adopted rules further reduce the risk of transporting invasive species to Oregon waterways by enhancing ballast water management for commercial vessels operating in Oregon. Specifically, the rules align applicable definitions and discharge exemptions with current statutes, enhance vessel inspection and compliance verification capabilities, require vessels declaring safety exemptions to obtain departmental authorization prior to discharging ballast water, and establish restrictions on the management and disposal of sediments that accumulate at the bottom of ballast tanks.

Federal Air Quality Regulations and related permit rules

Adopted	EQC Rule Adoption		Excerpt SOS Bulletin		Required Rule Review (ORS 183.405)	Summary
	Agenda Item	Audio	At Notice	At Filing
2/17	I				Exempt	The rule amendments adopt standards to implement new and amended federal air quality regulations.

Plan Initiation Level - temporary

Adopted	EQC Rule Adoption		Excerpt SOS Bulletin		Required Rule Review (ORS 183.405)	Summary
	Agenda Item	Audio	At Notice	At Filing
2/17	F		Not required		Exempt	The temporary rule under OAR 340-045-0100 requires Oregon’s 52 largest municipal wastewater treatment plants to develop Persistent Pollutant Reduction Plans for pollutants present above Plan Initiation Levels. The temporary amendment suspends municipalities’ requirement to develop Persistent Pollutant Reduction Plans for cholesterol and coprostanol, two naturally-occurring byproducts of human digestion.

Residential Woodstoves and Other Solid Wood Burning Devices

Adopted	EQC Rule Adoption		Excerpt SOS Bulletin		Required Rule Review (ORS 183.405)	Summary
	Agenda Item	Audio	At Notice	At Filing
2/17	H				Exempt	The 2009 Oregon Legislature passed Senate Bill 102 to protect Oregonians from uncontrolled wood smoke. These rules implement the statutory requirement for homeowners to remove and destroy any uncertified woodstove at the time of home sale and to notify DEQ. The rules subject a broader range of home and commercial heating devices including outdoor wood-fired boilers and other uncontrolled wood burning devices to certification requirements. Unless these heating devices meet the certification requirements, they will not be allowed to be sold in Oregon. These rules also update DEQ rules for implementing a wood burning curtailment program in a nonattainment area if needed.

Oregon’s Low Emission Vehicle

Adopted	EQC Rule Adoption		Excerpt SOS Bulletin		Required Rule Review (ORS 183.405)	Summary
	Agenda Item	Audio	At Notice	At Filing
4/21	C				Exempt	The rule aligns Oregon’s program with California’s emissions program. Any state opting in to the California Low Emission Vehicle Program must keep its program rules in alignment with changes and updates to the California program. Oregon adopted California’s standards in 2005, and is one of 14 states that have adopted the California program.

PM2.5/Greenhouse Gas Permitting

Adopted	EQC Rule Adoption		Excerpt SOS Bulletin		Required Rule Review (ORS 183.405)	Summary
	Agenda Item	Audio	At Notice	At Filing
4/21	D				Exempt	The rules align Oregon’s New Source Review/Prevention of Significant Deterioration, particulate matter and greenhouse gas permitting requirements with federal changes. The rule incorporate recent EPA changes to address greenhouse gas emissions and PM 2.5, fine particulate matter 2.5 microns or smaller, and its acid rain program. The rules affect Oregon’s Clean Air Act Implementation Plan, the New Source Review/Prevention of Significant Deterioration programs and other permitting programs.

Water Quality Standards: Arsenic

Adopted	EQC Rule Adoption		Excerpt SOS Bulletin		Required Rule Review (ORS 183.405)	Summary
	Agenda Item	Audio	At Notice	At Filing
4/21	E				Exempt	The rule amendment revises the water quality standards for arsenic and adds an arsenic reduction policy. The revisions do not apply until the standards have been approved by EPA.

Water quality standards -Human Health Toxic Pollutants

Adopted	EQC Rule Adoption		Excerpt SOS Bulletin		Required Rule Review (ORS 183.405)	Summary
	Agenda Item	Audio	At Notice	At Filing
6/16	C				7/12/2016	The standards would address a gap in human health protection provided Oregon’s current water quality standards. The standards include three specific permit implementation tools and clarification of state agency roles for the protection of water quality.

2011 Water Quality Permit Fees

Adopted	EQC Rule Adoption		Excerpt SOS Bulletin		Required Rule Review (ORS 183.405)	Summary
	Agenda Item	Audio	At Notice	At Filing
6/16	D				Exempt	Most water quality permit fees would increase by two percent, starting July 1, 2011, reflecting the projected increase in program costs. The fee revisions include one-time fee for some smaller construction stormwater project permit fees, in lieu of an application fee and a permit fee.

Biomass Boilers - temporary

Adopted	EQC Rule Adoption		Excerpt SOS Bulletin		Required Rule Review (ORS 183.405)	Summary
	Agenda Item	Audio	At Notice	At Filing
6/17	J		Not required		Exempt	The rule enables small-scale commercial, institutional, and industrial biomass boiler projects to continue as planned and meet critical federal and state funding deadlines. The rule provides conditional exemptions from Heat Smart certification requirements for small-scale commercial, industrial and institutional boilers subject to National Emission Standards for Hazardous Air Pollutants; and simple, no-fee registration requirements for small and mid-sized boilers subject to National Emission Standards for Hazardous Air Pollutants.

Graywater Reuse and Disposal Systems

Adopted	EQC Rule Adoption		Excerpt SOS Bulletin		Required Rule Review (ORS 183.405)	Summary
	Agenda Item	Audio	At Notice	At Filing
8/25	C				9/11/2016	On August 25, 2011, the Oregon Environmental Quality Commission approved rules that create a new, statewide program for the permitting of graywater reuse and disposal systems. House Bill 2080, passed by the 2009 Oregon Legislature, directed development and adoption of these rules. DEQ administers the graywater permitting program and is in the process of developing permits and formalizing the program. DEQ expects to begin issuing permits for graywater reuse and disposal systems in spring 2012.

Underground Storage Tank Soil Matrix Cleanup Service Provider and Supervisor Licensing Categories — repeal

Adopted

EQC Rule Adoption

Excerpt SOS Bulletin

Required Rule Review
(ORS 183.405)

Summary

Agenda Item

Audio

At Notice

At Filing

8/25

E

Exempt

The EQC repealed the UST Soil Matrix Cleanup rules for:

Service Provider Licenses required of businesses performing soil matrix cleanup services at regulated tank sites. The two-year license fee was $600.
Supervisor License required of individuals performing soil matrix cleanups.

The repealed rule required supervisors to demonstrate their knowledge of the rules by passing a qualifying examination given by the International Code Council through a professional testing company. The examination cost was $70 and the two-year license fee was $150.

Initiation Level for Persistent Pollutants in Wastewater

Adopted	EQC Rule Adoption		Excerpt SOS Bulletin		Required Rule Review (ORS 183.405)	Summary
	Agenda Item	Audio	At Notice	At Filing
10/20	G					On October 20, 2011 the Oregon Environmental Quality Commission approved rules to revise OAR 340 Division 045, Initiation Level Rules. The rules suspend municipalities’ requirement to develop Persistent Pollutant Reduction Plans for cholesterol and coprostanol, and clarifies when a municipality is no longer subject to the monitoring and reduction plan requirement.

Adoption of Eugene-Springfield PM10 Maintenance Plan

Adopted	EQC Rule Adoption		Excerpt SOS Bulletin		Required Rule Review (ORS 183.405)	Summary
	Agenda Item	Audio	At Notice	At Filing
12/15	D					LRAPA is responsible for the air regulations in Lane County, but the commission must approve any changes to these regulations and authorize DEQ to request that EPA approve the changes as a revision of the Oregon State Implementation Plan under the Clean Air Act. The proposed changes would designate the Eugene-Springfield as a maintenance area for PM10, coarse particulate matter, instead of the current nonattainment designation.