The Environmental Quality Commission adopted the Cleaner Air Oregon rules on Nov. 15, 2018. The new regulations were effective upon adoption. New facilities applying for a Title V, Simple ACDP, Standard ACDP, and some types of general ACDPs will now go through the Cleaner Air Oregon risk assessment as part of the application process.
Requirements for new facilities
New facilities applying for a permit of these types will need to go through the CAO process before submitting a permit application:
- Title V
- Simple Air Contaminant Discharge Permit (ACDP)
- Standard ACDP
- General ACDP for Hard Chrome Electroplating (AQGP-001), Decorative Chrome Electroplating (AQGP-002) or Plating and Polishing (AQGP-026)
Applications for permit types not listed above (Basic ACDPs and some types of general ACDPs) do not need to take action to comply with Cleaner Air Oregon unless DEQ notifies the facility that it has been “called in” to the program.
In addition, all facilities with DEQ air permits will need to pay CAO annual fees and submit an air toxics emissions inventory every 3 years.
Requirements for existing facilities
Owners and operators of existing sources do not need to take action to comply with Cleaner Air Oregon unless one of the following applies:
- The facility has been notified by DEQ that they have been “called in” to the program
- The owner or operator is applying to make a major modification to their facility. A major modification is one that triggers Major New Source Review/Prevention of Significant Deterioration or a Type A State New Source Review.
An existing facility can volunteer to go through CAO early, and DEQ will work with facilities as resources allow. If an owner or operator wants to reduce risk prior to being called in to CAO, the owner can work with their regional permit writer to get any such action approved. DEQ’s initial priority is to develop the infrastructure to successfully stand up the program and evaluate sources with high-risk emissions first.
All facilities with DEQ air permits will need to pay CAO annual fees and submit an air toxics emissions inventory every 3 years.
Cleaner Air Oregon risk assessment process and forms
To complete a CAO risk assessment, facilities must submit these documents to DEQ for review and approval:
- Emissions inventory
- Modeling protocol
- Risk Assessment Workplan (if doing a Level 3 or Level 4 risk assessment)
- Completed Risk Assessment
- CAO Permit Application
Here are some of the key forms for CAO permit applications:
Risk Action Levels in CAO
The Cleaner Air Oregon rules require facilities to do risk assessments, and then take action if risk exceeds certain Risk Action Levels. The Risk Action Levels are different for facilities that were existing at the time the rules were enacted, compared to those that are new or have been reconstructed since then. The rules use these definitions:
- “Existing source” means a source that:
(a) Commenced construction before Nov. 16, 2018; or
(b) Submitted all necessary applications to DEQ under OAR 340 divisions 210 or 216 before Nov. 16, 2018, and all such applications were deemed complete by DEQ.
- “New source” means a source that is not an existing source.
- “Reconstructed” means an individual project is constructed at an air contamination source that, once constructed, increases the hourly capacity of any changed equipment to emit and where the fixed capital cost of new components exceeds 50 percent of the fixed capital cost that would have been required to construct a comparable new source.
Annual fees and specific activity fees
One-Time Supplemental Cleaner Air Oregon fee
All facilities with DEQ air permits are required to pay a one-time supplemental fee mandated by the Oregon Legislature, which will be used to fund the development of the Cleaner Air Oregon Program.
Annual Cleaner Air Oregon Fees
All facilities with DEQ air permits are required to pay an annual Cleaner Air Oregon fee, starting with 2020 permit fees. CAO annual fees will appear on a separate invoice, mailed at the same time as the facility’s regular ACDP or Title V permit fees, and with the same due date.
| Basic ACDP |
$151 |
|---|
| General ACDP |
Fee Class One |
$302 |
|---|
| Fee Class Two |
$544 |
| Fee Class Three |
$786 |
| Fee Class Four |
$151 |
| Fee Class Five |
$50 |
| Fee Class Six |
$100 |
| Simple ACDP |
Low Fee |
$806 |
|---|
| High Fee |
$1,612 |
| Standard ACDP |
$3,225 |
|---|
| Title V |
$2,859 plus $21.61 per ton |
|---|
Specific Activity Fees
When going through the CAO process, a facility will need to pay the Existing Source Call-In Fee or New Source Consulting Fee when beginning pre-application work with DEQ.
Facilities must include payment for applicable CAO Risk Assessment fees, Risk Above Risk Action Level fees, completed pre-application work, and other activity fees when submitting their application for a CAO permit addendum. See Table-CAO Specific Activity Fees.
Cleaner Air Oregon is a program that regulates emissions of toxic air contaminants from industrial and commercial facilities based on local risks to health. Cleaner Air Oregon requires facilities to report toxic air contaminant emissions, assess potential health risks, and reduce risk if the level of risk posed by the toxic air contaminant exceed health risk action levels.
For additional information, including fact sheets and facilities undergoing CAO risk assessments, please visit the
Cleaner Air Oregon program.