Congratulations and thank you from DEQ and Lane Regional Air Protection Agency to all the facilities that submitted air toxics emissions information. We are quickly approaching the final deadline for facilities that estimated their own emissions to submit information for the remaining 450 pollutants.
Please review the instructions for the final deadline even if the facility has no additional emissions information to report. We are asking facilities to inform us through the “How to Submit” section whether they do or do not have additional information to report.
This webpage has been updated to provide instructions for submitting emissions information by the final deadline.
Governor Kate Brown launched the Cleaner Air Oregon Program on Apr. 6, 2016. DEQ and the Oregon Health Authority are tasked with working together to create healthier communities. As part of this effort, DEQ and OHA have initiated a regulatory overhaul of Oregon’s air toxics permitting program to make it health-based.
Our first step to better understand potential sources of toxics is through information gathering. On Nov. 28, 2016 DEQ and LRAPA sent letters to approximately 1500 facilities requesting air toxics emissions information. See Information Request Letter. Requesting this information does not mean that either agency suspects a facility is violating any Oregon law related to its permit.
The information will be used to develop a statewide air toxics emissions inventory that details air pollutants emitted at facilities over a given period. The inventory will help the agencies understand the scope of industrial sources of air toxics emissions and will be the basis for measuring the success of Cleaner Air Oregon.
Why are the agencies requesting this information?
The agencies have some information on the U.S. Environmental Protection Agency’s list of 187 hazardous air pollutants (HAPs) from all Title V and some Air Contaminant Discharge Permit facilities. However, inconsistencies and lack of available emissions information make it difficult for the agencies to estimate air toxic emissions in-house. The exceptions are drycleaners and gasoline dispensing facilities for which production information is already electronically available and will be inventoried through a different method. The agencies cannot estimate air toxic emissions from existing annually reported information because:
- Some facilities only report pollutants for which there is a National Emission Standard for Hazardous Air Pollutants which is only specific for a small subset of 187 HAPs not all of them. However, the agencies are proposing a longer list of approximately 630 air toxic contaminants that is more comprehensive than the federal list.
- Some facilities are required to maintain certain records onsite (e.g. Safety Data Sheets, etc.) which the agencies do not have immediate access to for estimating air toxic emissions.
- Some facilities are not required to report any production information at all or even estimate emissions; therefore, the agencies are unable to estimate air toxic emissions from existing information reported annually.
- Some air permits have annual reporting thresholds for production information and only report annually if there production exceeds the thresholds for a given year.
- The agencies are asking for calendar year and projected maximum production and emissions information. Some facilities only report rolling annual averages and not calendar year and projected maximum production information which is not always available to the agencies to use in estimating air toxic emissions.
The inconsistencies in reporting make it difficult, if not impossible, to estimate air toxic emissions from existing information already reported to both agencies. The agencies are asking all facilities to update existing emissions information, add new information as requested, and add new pollutants from the list of approximately 630 air toxic contaminants that are applicable to their industrial processes.
Authority to Request this Information
Under Oregon Administrative Rule (OAR) 340-214-0110 and Title 34 Section 34-015, the agencies are authorized to require the submission of records, reports, and other information for the purpose of determining the type, quantity, quality, and duration of emissions. The agencies require full compliance with this request and failure to provide the information is a violation of OAR 340-214-0110 and Title 34 Section 34-015, for which these agencies may impose a civil penalty and order to comply.
Instructions for Sept. 1, 2017, deadline.
No additional emissions information to report
- Proceed to “How to Submit” section and fill out facility name and organization and contact information
- Check the box “No additional emissions information to submit”
- Click the submit button
Additional emissions information to report
- Emissions information for the remaining 450 pollutants needs to be submitted by September 1, 2017 via this website.
- DEQ and LRAPA are not granting reporting extensions beyond September 1, 2017. Failure to provide the requested information is a violation of OAR 340-214-0110 and Title 34 Section 34-015, for which both agencies may impose a civil penalty and may issue an order to comply.
- Facilities should use the current reporting form submitted in May 2017 or the latest revision version submitted to add emissions information for any of the remaining 450 air toxic pollutants.
- Please add emissions information for any of the remaining 450 pollutants to existing emission units and activities and products for either worksheet.
- Add any new emission units and activities and material products to the bottom of the existing list as necessary and complete the requested information for the relevant pollutant columns.
- Please do not include notes in the Emission Units and Activities and Material Balance worksheets. Add a worksheet for notes and make sure to identify whether the notes are referencing the Emission Units and Activities or Material Balance worksheets. If possible please remove existing notes from the worksheets.
- If you need to add columns for pollutants not listed in the worksheets, please copy and paste all columns to the right of the sample columns at the end of the list in the worksheet and fill out the appropriate information. Please do not delete pollutant columns even if they are not used by your facility.
- Delete any form examples from both worksheets.
- Please review “What to submit and where to find this information” webpage to determine what emission units and activities or material products may contain any of the 450 remaining air toxic pollutants.
- Please review the “Categorically Insignificant Activities” to determine what can be excluded from reporting.
- Please visit the Frequently Asked Questions section in left menu to help answer questions.
- Please contact your permit writer with questions. See the section “Who to contact with questions” for the regional office under the county for which your facility is located.
- Rename the reporting form file with the following:
- source number (format appears as xx-xxxx)
- source name, and
- include “Sept1submittal” after the source name
- Example: 10-5000_BMA Imports_Sept1submittal
- Make sure all worksheets are unprotected when you submit the file.
- If any information in the reporting forms is considered confidential please include a cover letter with the submittal justifying what information is considered exempt from disclosure.
- If you are submitting reporting forms for multiple facilities, you will need to submit them separately for each facility. Please do not include more than one facility in a reporting form.
- If you are submitting multiple documents (i.e. cover letter and the air toxics reporting form) for a facility you may combine the documents into a zip file and submit the zip file. Otherwise, you will need to submit the documents separately for the facility.
- Also, you do not need to submit SDS (formerly MSDS) documents.
What to submit and where to find this information
This link provides information on what to submit and where to find the information.
Statement of Certification:
If a facility believes any information provided for this request should be exempt from disclosure, they must read and follow the process outlined in the Oregon Administrative Rule below. However, emissions data is not considered confidential or trade secret and therefore cannot be exempt from disclosure. The agencies will review written requests and make a determination whether any other information (e.g. not emissions data) can be exempt from disclosure. Please email Brandy Albertson your written request to review for confidential business information or call 503-229-6459.
Division 214, OAR 340-214-0130 And Title 34, Section 34-020
(1) Pursuant to the provisions of ORS 192.410 to 192.505, all information submitted to DEQ is subject to inspection upon request by any person unless such information is determined to be exempt from disclosure pursuant to section (2) or (3).
(2) If an owner or operator claims that any writing, as that term is defined in ORS 192.410, is confidential or otherwise exempt from disclosure, in whole or in part, the owner or operator must comply with the following procedures:
(a) The writing must be clearly marked with a request for exemption from disclosure. For a multi-page writing, each page must be so marked.
(b) The owner or operator must state the specific statutory provision under which it claims exemption from disclosure and explain why the writing meets the requirements of that provision.
(c) For writings that contain both exempt and non-exempt material, the proposed exempt material must be clearly distinguishable from the non-exempt material. If possible, the exempt material must be arranged so that it is placed on separate pages from the non-exempt material.
(3) For a writing to be considered exempt from disclosure as a “trade secret,” it must meet all of the following criteria:
(a) The information cannot be patented;
(b) It must be known only to a limited number of individuals within a commercial concern who have made efforts to maintain the secrecy of the information;
(c) It must be information that derives actual or potential economic value from not being disclosed to other persons;
(d) It must give its users the chance to obtain a business advantage over competitors not having the information; and
(e) It must not be emissions data.
NOTE: This rule is included in the State of Oregon Clean Air Act Implementation Plan that EQC adopted under OAR 340-200-0040.
Please review this website and form instructions before contacting regional offices. Most answers to questions can be found in the content of this website. If facilities have site-specific questions, inquiries should be directed to regional offices for which the facility is located.
DEQ Regional Offices and LRAPA Telephone By Counties:
- Clackamas, Clatsop, Columbia, Multnomah, Tillamook and Washington Counties
DEQ Northwest Region Office
- Benton, Coos, Curry, Douglas, Jackson, Josephine, Lincoln, Linn, Marion, Polk and Yamhill Counties
DEQ Western Region Office
- Baker, Crook, Deschutes, Gilliam, Grant, Harney, Hood River, Jefferson, Klamath, Lake, Malheur, Morrow, Sherman, Umatilla, Union, Wallowa, Wasco, Wheeler Counties
DEQ Eastern Region Office
- Lane County
DEQ Headquarters Office (if you must mail a hard copy)
Attention: CAO Emissions Inventory
700 NE Multnomah Street, Suite 1100
Portland, OR 97232
How to submit
Once a facility has completed this request they
can submit the information here. Please rename the Excel reporting form using
the facility’s source number and name before submitting. The source number can
be found on the first page of the permit.
For LRAPA facilities, please submit reporting forms at firstname.lastname@example.org . If you have any questions or issues submitting the form, please contact LRAPA directly at 541-736-1056.
For DEQ facilities, please fill out the following information below, attach the file and hit the submit button. If you have any questions or issues submitting the form, please contact Brandy Albertson at 503-229-6459.
If a facility believes any information provided for this request is confidential business information, they must read and follow the process outlined above in the section “Information Exempt from Disclosure” and include a cover letter with
the submittal justifying what information is exempt from disclosure. The agencies will review written requests and
make a determination whether any information provided for reporting can be
exempt from disclosure.
Based on information and belief formed after reasonable inquiry, the statements and information in this document and any attachments are true, accurate and complete.