Remembering Jon Abrams

The ALL4 community is mourning the unexpected loss of one of our own. Jon Abrams, a consulting scientist in our Kentucky regional office, passed away December 14, 2021. Jon had been a valued member of our team since September 1, 2020 and will be missed. Jon joined ALL4 with over a decade of environmental, health, and safety experience in various industrial settings including Chemical Manufacturing, Automotive, Pipeline Construction, Distillery, and Lighting. Jon was one of our “road warriors” and was often assisting clients onsite with health hazard evaluations, chemical exposure assessments and safety program implementation.

Colleague and Senior Managing Consultant, Kevin Chaplin recalled, “Jon enjoyed the hands on aspect of working with our clients.  He loved the opportunity to work on a diverse set of challenges and projects that ALL4 offered him after transitioning from industry. He recently expressed to me how happy he was with his decision to move over to consulting and how much he enjoyed working with everyone at ALL4. Jon was truly embracing our core value of enjoying the journey and he will be sorely missed.”

When he was not working, Jon enjoyed fishing, golfing, working on home projects, and cooking. He was a proud dad to son Luke and daughter Lucy and especially enjoyed spending time with his family and friends.

New Regulations Proposed to Reduce Methane Emissions from the Oil and Gas Industry

On November 2, 2021, the U.S. Environmental Protection Agency (U.S. EPA) announced a proposed rule to reduce methane emissions from the oil and gas industry.  This announcement coincided with President Biden’s announcement of the Global Methane Pledge at the COP26 meetings in Glasgow, Scotland, which aims to reduce global methane emissions by 30% by 2030, compared to a 2020 baseline.

The U.S. EPA proposal was published in the Federal Register on November 15, 2021 and while that notice requested comments on the proposed regulatory approach by January 14, 2022, U.S. EPA has already extended the comment period to January 31, 2022.  U.S. EPA intends to issue a supplemental proposal in early 2022, with a final rule to be published by the end of 2022.

The proposed rule will amend the existing New Source Performance Standards (NSPS) for Crude Oil and Natural Gas Facilities (40 CFR Part 60, Subparts OOOO and OOOOa) and establish a new Subpart OOOOb.  The proposal would also establish new Emissions Guidelines (EG) in Subpart OOOOc for existing sources in these source categories.  The proposed EG would require states to regulate hundreds of thousands of existing sources nationwide for the first time, significantly expanding the impact of the emissions reduction requirements.  The key components of the proposal include:

• Finding and repairing methane leaks from well sites and compressor stations;
• Replacing current pneumatic controller technologies with zero-emitting technologies;
• Eliminating venting of natural gas associated with oil well operations;
• Expanding coverage of storage tank requirements to include tank batteries;
• Expanding the types of pneumatic pumps that are covered by the regulations; and
• Establishing nationwide requirements to control methane emissions from liquid loading and unloading operations, increasing leak detection and repair requirements for natural gas processing facilities, and strengthening requirements for reciprocating and centrifugal compressors.

With this proposal, U.S. EPA is also establishing the Protocol for Using Optical Imaging to Detect Volatile Organic Compound and Greenhouse Gas Leaks under Appendix K to 40 CFR Subpart 60.  This new protocol will provide owners/operators with the flexibility to utilize state-of-the-art leak detection and monitoring technology to more efficiently identify and control leaks at well sites and compressor stations.

U.S. EPA estimates that these regulations will reduce methane emissions by approximately 41 million tons through 2035.  The regulations would also increase the recovery and availability of natural gas that would otherwise be lost to the atmosphere.

A copy of the proposal, fact sheets, and additional information are available on the U.S. EPA website.  U.S. EPA has also published a table that compares the sources covered (or proposed to be covered) by the four Part 60 rules.

ALL4 will continue to monitor this regulatory development and will report back periodically regarding the progress of these potentially precedent-setting regulatory changes. If you have any questions in the interim, please reach out to your ALL4 project manager or Daryl Whitt at dwhitt@all4inc.com for more information.

OSHA Heat Injury and Illness Prevention in Outdoor and Indoor Work Settings – Advanced Notice of Proposed Rule Making

On October 27, 2021, the Occupational Safety and Health Administration (OSHA) has initiated rulemaking to protect indoor and outdoor workers from hazardous heat through the Advanced Notice of Proposed Rule Making (ANPRM) – Heat Injury and Illness Prevention in Outdoor and Indoor Work Settings.  The proposed rule is in Stage 1, the preliminary stage, of seven OSHA rulemaking stages.  This is the first step of a long process, with the rulemaking process often taking as long as 5 to 10 years for a final regulation to be published.

Although OSHA does not currently have a specific regulation covering heat stress hazards, the “General Duty Clause,” Section 5(a)(1) of the Occupational Safety and Health Act of 1970 (the Act), requires each employer to, “furnish to each of his employees employment and a place of employment which are free from recognized hazards that are causing or are likely to cause death or serious physical harm.”  OSHA has previously used the General Duty Clause to cite employers that have allowed employees to be exposed to potential serious physical harm from excessively hot work environments.  Due to an average of 38 fatalities per year from heat related illness as reported from 2011 to 2019 by the U.S. Department of Labor’s Bureau of Labor Statistics, OSHA has published the OSHA Heat Initiative: Inspection Guidance which employers should implement to remain in compliance with the OSHA General Duty Clause and to protect employees from the dangers of working in hot environments.  Implementation should include development of a heat exposure plan, including acclimatization, work-rest schedules, access to shade and water, and training.  OSHA also encourages employers to download the OSHA-National Institute for Occupational Safety and Health (NIOSH) Heat Safety App, which provides information on the local heat index, risk related to the heat index, and control measures to institute based upon risk.

Note that as OSHA-approved State Plans, California, Minnesota, Oregon, and Washington have instituted hazardous heat regulations with specific requirements that differ per state.  Of the four state-specific regulations, Minnesota differs because it does not include requirements for training.  The four state-specific regulations contain the similar requirement for the employer to provide at least 1 quart of water per hour for each employee and an emergency response plan.  Similar to the OSHA Heat Initiative, the State Plans also emphasize the importance of acclimatization for workers and access to shaded break areas.

In addition to the Heat Initiative, OSHA plans to issue a National Emphasis Program (NEP) for heat-related safety efforts in 2022; NEPs are temporary programs that focus OSHA’s resources on hazards and high-hazard industries.  The NEP will serve as a basis for targeted enforcement to help assure worker health and safety with respect to heat injury and illness.

Let your voice be heard and provide comments on the ANPRM at by clicking the blue Comment button at the top left side of the page.  For your submission, make sure to include the agency name and docket number (OSHA, Docket No. OSHA-2021-0009).  Comments are due by January 26, 2022.  ALL4 will continue to monitor this regulatory item and will report back periodically regarding the rulemaking process and is available to assist you in preparing comments on the regulatory action.  If you have any questions in the interim, please reach out to our team at info@all4inc.com.

Louisville Metro Air Pollution Control District Draft Amendments to Regulations 1.06, 1.15, 2.04, and 2.17

The Louisville Metro Air Pollution Control District (LMAPCD or District) published an announcement on November 17, 2021 that there would be a Policy Committee meeting to discuss the draft amendments to the following regulations:

• Regulation 1.06: Stationary Source Self-Monitoring, Emissions Inventory Development, and Reporting
• Regulation 1.15: Version of Federal Regulations Adopted and Incorporated by Reference
• Regulation 2.04: Construction or Modification of Major Sources in or Impacting upon Non-Attainment Areas (Emission Offset Requirements)
• Regulation 2.17: Federally Enforceable District Origin Operating Permits

The Policy Committee meeting was held on the same day as the announcement and the reasoning for the amendments were explained in detail.  Following the Policy Committee meeting, the draft amendments were posted for an 8-week public comment period from November 19, 2021 to January 14, 2022.  A hearing will be held at the conclusion of the public comment period on January 19, 2022.

ALL4 attended the Policy Committee meeting to hear the District explain the reasoning for amending the four regulations.  The only amendment that we expect could have a significant impact on regulated entities is the change proposed to Regulation 2.04.  Three of the amendments are minor in nature and will likely be accepted with no revision because the changes are simply procedural.  The following sections dive into the details of the proposed amendment to each regulation.

Draft Amendment to Regulation 2.04

Effective August 3, 2018, Jefferson County was designated as marginal nonattainment for the 2015 Ozone National Ambient Air Quality Standard (NAAQS).  Regulation 2.04 outlines the Nonattainment New Source Review (NNSR) program established by the U.S. Environmental Protection Agency (U.S. EPA).  Jefferson County did not meet the requirements for attainment by the end of 2020, so its status has changed from marginal to moderate nonattainment.  You can read more about the nonattainment status of Kentucky in Patricia Barreto’s article here.  If the nonattainment status continues to decline, the NNSR program could become more broadly applicable going forward due to an associated reduction in the major stationary source threshold.  However, the District’s NNSR provisions under Regulation 2.04, last promulgated in 1993, have not historically accounted for several reforms instituted by U.S. EPA from 2002-2020 that were intended to streamline the permitting process.  With these amendments, Regulation 2.04 will now align with U.S. EPA’s current NNSR program.  The following are the most significant reforms to the NNSR program that the District proposes to make, as stated in the Preliminary Regulatory Impact Assessment:

• “Changes to how baseline emissions are calculated by allowing use of ‘use any consecutive 24-month period in the past 10 years to determine … baseline actual emissions’;”
• “The employment of the ‘actual-to-projected-actual applicability test’ in place of the ‘actual-to-potential test’;”
• “New ‘Plantwide Applicability Limits (PALs),’ an optional source-wide cap on emissions that allows modifications, even those that cause increases in emissions, without triggering NSR, so long as the source-wide cap is not exceeded;”
• “’Project Aggregation,’ which stated that just because activities occurred close in time or even simultaneously, they were not necessarily ‘substantially related’; and also establishing a rebuttable presumption that activities occurring more than three years apart were not substantially related;” and
• “’Project Emissions Accounting,’ which allowed both emissions increases and decreases to be considered (in step 1) when determining whether the modification would result in a significant emissions increase.”

The proposed changes to Regulation 2.04 would provide more options and flexibility to facilities that may be subject to this program in Jefferson County.  As stated by a member of the District who was present at the meeting, regulated entities looked upon U.S. EPA’s reforms favorably.  Per statements made by the LMAPCD Regulatory Coordinator, there have been no applications submitted to the LMAPCD for a NNSR permitting action in the last twenty years.  On the other hand, the amendments provide more flexibility for affected facilities to determine applicability under NNSR, so it is possible that the provisions will still see limited utilization.

Minor Draft Amendments to Regulations 1.06, 1.15, and 2.17

Regulation 1.06 contains provisions for monitoring and emissions reporting, and Section 6 pertains to emissions reporting for the precursors of ozone, Nitrous Oxides (NO_X) and Volatile Organic Compounds (VOC).  The amendment is being made to clarify a perceived exemption.  Previously, the regulation exempted facilities from reporting if their actual emissions were less than 25 tons per year of VOC or NO_X.  The amended regulation clarifies that facilities will have to report actual emissions if their potential emissions are over 25 tons per year for VOC or NO_X.  The intent of the original regulation has not changed, only the wording to define the intent more clearly.

Regulation 1.15 is simply being updated to include the most recent federal regulations by reference.  The regulation currently references the 2018 version of the federal regulations.  This will be updated to reference the 2021 version; the changes to the referenced regulations have already been implemented. Among the important updates to the Federal references is the publication of 85 FR 73854: Reclassification of Major Sources as Area Sources Under Section 112 of the Clean Air Act, which is discussed here by Amy Marshall.

Regulation 2.17 is being amended to add a requirement to ensure that facilities are submitting timely permit renewal applications under the Federally Enforceable District Origin Operating Permits (FEDOOP) program.  As of now, there is no specific requirement outlined by the District, but it has been a commonly accepted practice to renew permits in a timely fashion similar to how it is enforced in other regulations such as 2.16: Title V Operating Permits.

Impact Summary

The most significant change from this wave of amendments is to Regulation 2.04.  The NNSR program is complex and has stringent compliance requirements associated with it in order to protect ambient air quality nonattainment areas.  The proposed amendments will align with federal standards and provide additional permitting flexibility to subject facilities.

The other three amendments are primarily administrative.  The intent of Regulations 1.06, 1.15, and 2.17 were already being implemented but the language was not consistent with the District’s policy and procedures.

ALL4 will continue to follow the progress of these amendments following the public hearing in January 2022.  If you have any questions about the proposed changes, please contact me at bjohnson@all4inc.com or 502.874.4500.

Meet John Slade

2021 marks a special milestone for John Slade – his 50^th year of service to the improvement of air quality in the Commonwealth of Pennsylvania!  ALL4 is especially proud of our colleague and friend on his achievement. We recently asked several of John’s ALL4 co-workers to share how he has impacted their careers and here is what the team had to share:

Dan Holland

There are few people who can claim a 50-year career during which they have been steadfast, dedicated, committed, and accountable to the goal of pursuing clean air while balancing the economic integrity for industry, both here in Pennsylvania and throughout the United States. John’s long-term persistence, adaptability, integrity, leadership, and mentorship matched with a keen appreciation of matters technical, regulatory, and scientific have been impactful to those who have worked with him.

John Egan

John Slade, degreed Aerospace Engineer, former top air regulator, world class air quality consultant – above all an exemplary teacher. John was my first supervisor 48 years ago when I began my career in the field of air pollution control. His influence, and the personal training he gave me way back then has had a profound effect on my career and my life, and I can literally say, that without him I would not be who I am today or where I am today. That is a lot! If you have worked with John you know that not only is he extremely intelligent, he is also compassionate, committed and willing to give himself for the betterment of all.  These qualities made him a perfect fit for ALL4 where he has thrived in his “second” career and helped many others grow and succeed in their own endeavors. From the bottom of my heart and on behalf of many others, thank you John for being who you are!

Bill Straub

John Slade’s arrival at ALL4 was a transformative moment as it cemented us as the air quality consulting firm in PA.  Around that same time frame, we had several other proven air quality professionals join ALL4 and these additions validated the vision that we saw for ALL4.  John brings a deep understanding of the Clean Air Act, the development of air quality regulations, and the regulated community.  Most importantly, John has a commitment to the environment and for creating scenarios where everyone wins.  John’s kindness and openness to teach, mentor, and share his wealth of knowledge with others creates a legacy in PA that is unmatched.

Kevin Hickey

I first met John at an EPA Emissions Inventory event back in the early 90’s in Raleigh.  I was a snot nosed kid that didn’t know anything and John was running the session in which I was presenting.  I remember his command of all things Air Quality related and I was pretty intimidated knowing John was “the man” at DEP on AQ.  The fact that John reached out to us after he left DEP was one of the biggest validations we have experienced as a company.  It continues to amaze me that everyone I talk to in PA equates ALL4=John Slade; in fact this occurred at least 4x in the past couple of weeks.  The most impressive attributes I respect about John are his empathy and humility.  To transition into consulting and continue to challenge himself every day is just incredibly inspiring and he carries himself in such a humble manner that belies the status he has achieved and the esteem in which he is held.  I really look up to that and I am forever grateful for John “picking us” because we would not be where we are today without his contributions!

Sally Atkins

I’m filled with gratitude that I’ve had a sliver of almost 7 years of working with John while at ALL4, where he has always graciously shared his time, knowledge, and various fun stories with me, both on a professional and personal level.  He effortlessly switches gear from one topic of knowledge and project to another.  I can always count on John for his dependability and accountability, his flexibility and eagerness to take on new challenges, his thoughtfulness and technical expertise and insight, and his fresh perspective and honesty if he doesn’t agree with an approach.  Thank you, John, for your mentorship and friendship, both mean so much to me! – Sally

Bob Kuklentz

Upon my transition from industry to consulting John took me under his wing to teach me consulting. His passion for teaching is unsurpassed. He is a trusted friend and mentor to many, including me. John cares.

Merritt McGlynn

John and I have been working together for many years, and while I could rattle off a long list of ways he’s mentored me through challenging projects, regulatory developments, and compliance issues – I am most grateful to him for mentoring me as a person.  John’s “way of being” is the reason he is successful, well-regarded, and admired by coworkers, clients, and regulators.  John is the first one to get on the phone, have the hard conversation, and work tirelessly for a resolution.  And, in the spirit of developing a legacy of quality professionals, John is intentional about every interaction – making sure that he’s teaching, guiding, and encouraging us to be at our best, always.  John remembers the little things, is genuinely interested in us as people, and is always up for a good deep dive into boating, sous vide steaks, Florida sunshine, and parenting.  I am so lucky to call him a friend and mentor, and am grateful for every time he’s picked up the phone to call me.

Ron Harding

John Slade is an institution unto himself.  His name is synonymous with air quality permitting in Pennsylvania.  Over the last 50 years he has honed and applied his craft and in so doing established himself as the elder statesman of regulatory contributors.  One might assume that John’s stature in his profession would make him unapproachable.  That assumption would be a mistake.  John is humble, always willing to assist others in the pursuit of supporting clients, and looks for every opportunity to pass his knowledge forward by mentoring and shaping others.  His impact to ALL’s success is impossible to quantify, but ALL4 certainly would not be in the same position without John’s contribution.

Kayla Turney

Working with John teaches you lessons in not only how to achieve technical excellence, but how to do so with unwavering integrity and compassion. John creates a safe learning atmosphere on each project, where no question feels too small or too silly to ask him. I cannot put into words how much I have valued John’s working knowledge, mentorship, and friendship during my time at ALL4.

We are thankful that John is a part of the ALL4 team and appreciate his dedication to the environmental community!

Cooling Water Intake Structures and NPDES – No One is Exempt!

If you have a facility that uses cooling water and you are pursuing a National Pollutant Discharge Elimination System (NPDES) industrial wastewater permit renewal, you know the typical questions applicable to cooling water, specifically:

1) Does the Facility use at least 25% of the water it withdraws for cooling purposes and

2) Does the Facility have an intake flow greater than 2 million gallons per day (MGD)?

If you answer NO to either of these questions and think you’re done with the Clean Water Act (CWA) §316(b) component of the NPDES application process, you might be mistaken.  We have seen an increase in scrutiny about cooling water intake structures (CWIS) during the permit application and review process despite being exempt from the above threshold criteria.  The additional scrutiny has included information requests about the physical aspects of the CWISs and evidence that adverse environmental impacts are being minimized, including performance of biological monitoring.  Read on…

In accordance with 40 CFR §125.81(a) (New Facilities) and §125.91(a) (Existing Facilities), to be subject to the CWIS requirements of CWA §316(b), both the 25% and the 2 MGD must be exceeded, and if not, the presumption has been that nothing further is required.  However, for existing facilities, 40 §CFR 125.90(b) states:

“Cooling water intake structures not subject to [the threshold] requirements…must meet requirements under section 316(b) of the CWA established by the Director on a case-by-case, best professional judgment (BPJ) basis.”  Parallel regulations for new facilities (40 CFR 125.80(c)) follow the same discretionary BPJ theme.

So, who decides which cases get the additional BPJ scrutiny and the rationale and frequency of this additional scrutiny?  The additional information is being requested to evaluate if the Best Technology Available (BTA) is being implemented to minimize adverse environmental impacts.  The ultimate driver for the additional inquiries is likely the participation of the “Services” (National Marine Fisheries Service and the U.S. Fish and Wildlife Service) during the permit review process.  It is unclear, however, whether the Services are participating under their authority to evaluate if “take” of threatened and endangered species (Endangered Species Act, 16 U.S.C. 1532(19)) is occurring, or if they are taking a broader review of all species regardless of status, taxa or associated critical habitat.  Keep in mind that the CWA §316(b) regulation only became effective October 14, 2014, and generally only applies to permits that expire after July 14, 2018.  Therefore, this timeline, compounded by the normal five-year NPDES renewal cycle, is perhaps the real reason for why we are just now starting to see the ripple of CWA §316(b) on the regulated community.

Takeaway: If you have a CWIS and are embarking on an NPDES industrial wastewater renewal, be prepared to provide additional physical and biological details during the application and draft permit review process, regardless of your status relative to the threshold criteria in 40 CFR §125.91(a).

ALL4 will continue to monitor this regulatory item and will report back periodically regarding frequency and impact on NPDES industrial wastewater permittees. If you have any questions in the interim, please reach out to Paul A. Hagerty, P.G., P.E. at (610) 422-1168 or phagerty@all4inc.com.

The Latest News on Air Quality Requirements in Oregon

ALL4 has been keeping track of various air quality requirements in Oregon over the past few years.  We provide an update on the state’s air quality modeling, regional haze, and greenhouse gas (GHG) requirements below.

Air Quality Modeling

The Oregon Department of Environmental Quality (DEQ) has implemented short-term National Ambient Air Quality Standards (NAAQS) modeling requirements for new facilities seeking to obtain a Simple or Standard Air Contamination Discharge Permit and has expanded requirements for existing sources with Simple, Standard, and Title V permits.  As part of the new modeling requirements, new Simple and Standard source facilities will have to demonstrate compliance with the 1-hour sulfur dioxide (SO₂), 1-hour nitrogen dioxide (NO₂), and 24-hour particulate matter with a diameter of 2.5 microns or less (PM_2.5) NAAQS using air dispersion modeling.  Existing sources that have already been called into the Cleaner Air Oregon (CAO) health risk assessment permitting program have the option to perform short-term NAAQS modeling concurrently with their CAO health risk assessment as a way to avoid being subject to DEQ modeling fees twice.  For existing sources that have not been called into the CAO health risk assessment permitting program DEQ plans on developing a prioritization process similar to the CAO prioritization process to call facilities in to conduct short-term NAAQS modeling.  As of November 2021, DEQ has not yet completed the prioritization process or identified a timeline for existing facilities to conduct short-term NAAQS modeling.

Previous to these new short-term NAAQS modeling requirements, only facilities that triggered New Source Review (NSR) significant emissions rate (SER) thresholds were required to conduct NAAQS air quality modeling demonstrations.  However, DEQ current rules authorize DEQ “to prevent violation of an ambient air quality standard caused or projected to be caused substantially by emissions from the source as determined by modeling, monitoring, or a combination thereof” [OAR 340-226-0140(1)].  As part of the development of the new short-term NAAQS modeling requirement DEQ noted that the SERs were developed in 1980 before any 1-hour NAAQS were set and because of this may not be protective of the short-term NAAQS.  Currently, there are no emissions thresholds that would exempt a facility from the new short-term NAAQS modeling requirements; however, DEQ is working on developing short-term emissions thresholds (SETs) which are expected to be available in late 2021.

Air Toxics

The Oregon DEQ adopted rules to integrate the recently established Cleaner Air Oregon (CAO) risk assessment program with the original Oregon Air Toxics program, adopted in 2003.  The adopted rules aligned the Oregon State Air Toxics program and the CAO program by:

• Creating one list of toxicity values (previously there were two),
• Strengthening the process for setting and reviewing toxicity values for future changes to the list of chemicals and their toxicity values, and
• Clarifying CAO requirements for facilities and addressing inefficiencies in the risk assessment process.

The adopted rules became effective on November 17, 2021.  More information on the adopted rules can be found in an Oregon DEQ fact sheet here.

Regional Haze

The Regional Haze Rule (RHR) was promulgated in 1999 at 40 CFR Part 51, Subpart P.  The U.S. EPA developed the RHR to meet the Clean Air Act (CAA) requirements for the protection of visibility in 156 scenic areas (Class I areas) across the United States.  The goal of the RHR is to return visibility in these areas to natural conditions by 2064.  The RHR established visibility milestones for each planning period called the uniform rate of progress (a.k.a. glide path) at each Class I area.  Oregon recently developed a proposed RHR state implementation plan (SIP) revision for the 2021-2028 planning period.

The proposed SIP revision focused on sources of SO₂, nitrogen oxides (NO_X), and particulate matter less than 10 microns (PM₁₀).  DEQ requested air pollution control analyses from facilities with combined allowable emissions of these pollutants above a threshold based on the distance of the facility to the nearest Class I area.  DEQ established a cost effectiveness threshold of $10,000 per ton of pollutant reduced, based on allowable (not actual) emissions, a prime rate of 3.25%, and 30 year equipment life.  Several facilities chose to reduce their allowable emissions to avoid additional controls, but DEQ has proposed to impose additional control requirements on a handful of Oregon facilities in the SIP revision whose analyses showed that changes could be implemented for less than $10,000/ton.  These improvements include combustion improvements (e.g., better combustion controls, low-NOx burners), continuous emissions monitoring, and removal of No. 6 fuel oil as a permitted fuel.  It will be interesting to see whether DEQ modifies its draft SIP based on public comments and what U.S. EPA’s comments are on the draft.

Greenhouse Gas Rulemaking

DEQ is also engaged in rulemaking to establish a new Climate Protection Program (CPP) to reduce GHG emissions in Oregon and address the effects of climate change.  Per the DEQ website, the objective of the Greenhouse Gas Emissions Program of 2021 is to:

• Establish a new program to set limits on greenhouse gas emissions from significant sources in Oregon, including large stationary sources, transportation fuels, and other liquid and gaseous fuels;
• Define regulatory applicability and program requirements; and
• Prioritize equity by promoting benefits and alleviating burdens for environmental justice and impacted communities.

The proposed rule utilizes two approaches:

• Declining and enforceable caps on GHG emissions from the combustion of fossil fuels, and
• Best-available emissions reductions for other site-specific emissions at facilities, such as those from industrial processes.

Sources subject to the caps would include natural gas utilities (there are no coal-fired power plants in operation in Oregon) and suppliers of gasoline, diesel, kerosene, and propane that exceed the threshold for inclusion.  The annual cap would be scaled down on an annual basis, starting with 28.2 million metric tons of carbon dioxide equivalent (MT CO₂e), down to 6 million by 2050.

Sources subject to the best available emissions reduction approach would include existing permitted facilities with annual covered emissions that meet or exceed a threshold of 25,000 MT CO₂e and proposed new facilities anticipated to exceed the threshold.

DEQ held public meetings on September 22^nd and 30^th, 2021 and accepted public comments through October 25^th, 2021.  The comments are currently under review and it is expected that the proposed rule will be further refined and presented to the state’s Environmental Quality Commission for consideration in late 2021.

Summary

The latest updates on the short-term NAAQS modeling requirements, updates on the RHR SIP, and GHG rulemaking will be posted on DEQ’s webpage in the coming weeks and months.  For more information on any Oregon air regulatory topic, please contact Dan Dix at ddix@all4inc.com or at 610.422.1118.