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Attachment G Public Comment Categories and Responses Attachment G: Public comment categories and agency responses Nov. 15-16, 2018, EQC meeting Page 1 of 285 Attachment G Public Comment Categories and Responses Comment Category #1: Air Toxics Permit Addendum - failure to submit timely application should result in enforcement Description: The CAO rules should make clear that an owner or operator of a source that fails to comply with the deadlines for submitting and completing an application for an Air Toxics Permit Attachment such that the application is considered by DEQ to be withdrawn may be subject to enforcement for violations of the Cleaner Air Oregon rules, regardless of whether the owner or operator resubmits the application. A source should not be allowed to delay the permitting process without facing the possibility of enforcement. As written, the draft rules appear to authorize a source to effectively pay its way out of permitting through delay. An owner or operator whose application is deemed withdrawn due to delay should immediately be classified as a source that is operating without a required permit and be subject to agency enforcement and penalties. Response: DEQ changed the proposed rules to clarify the timeline of when submittals are due in OAR 340-245-0030. DEQ also added the following language: (3)(b) If the owner or operator’s submittal is not approvable, or if the additional information or corrections requested by DEQ are not provided in writing by the deadline provided, then in addition to any other remedies available, DEQ may: (A) With sufficient factual basis, modify the information provided by the owner or operator, approve it as modified, and the owner or operator must pay the document modification fee in OAR 340-216-8030 Table 3; or (B) Inform the owner or operator of the deficiency, and provide the owner or operator with a revised deadline to submit the needed information. The language "in addition to any other remedies available" can include enforcement action. In all DEQ rules, DEQ has the authority to take enforcement against an owner or operator that does not comply with the requirements. Enforcement does not need to be added to each rule to allow this to happen. Division 12, Enforcement Procedure and Civil Penalties, contains procedures on how DEQ will take enforcement. DEQ added proposed provisions for violations of Cleaner Air Oregon rules to division 12, which is also open for public comment. DEQ did not change the proposed rules in response to this comment. Response Type: no, we won't make changes to address this comment Comments linked to this category: 84, 552, 665 Item G 001188 11/15/2018 ATTACHMENT G G-1 Attachment G: Public comment categories and agency responses Nov. 15-16, 2018, EQC meeting Page 2 of 285 Comment Category #2: Air Toxics Permit Addendum - how will DEQ evaluate accuracy of application? Description: Requiring facilities to conduct risk assessments depends on facilities providing accurate emissions data. How will DEQ ensure that facilities have done the risk assessments correctly and that they are unbiased, valid, and based on up-to-date, peer reviewed scientific evidence? Response: Facilities are currently required to submit information on emissions of criteria pollutants (carbon monoxide, nitrogen oxides, particulate matter, sulfur dioxide and volatile organic compounds) under their existing operating permits. Based on the production rates used to calculate criteria pollutant emissions and factors to calculate emissions of toxic air contaminants, DEQ can evaluate the accuracy of information used in toxic air contaminant risk assessments. In addition, DEQ will compare sources in the same source category for consistency in calculating toxic air contaminant emissions, whenever possible. Some sources may be required to perform source tests to verify emissions after toxic air contaminant permits are issued, which require thorough DEQ review. Facilities are required to follow protocols that DEQ and OHA have developed to perform risk assessments using the Risk Based Concentrations that DEQ and OHA have proposed. The Risk Based Concentrations proposed in the Cleaner Air Oregon rules are based on the most up-to-date, peer reviewed scientific toxicological data. If a facility does not report or under-reports their emissions, DEQ can take enforcement against the facility, as it currently does in the existing air quality permitting programs. DEQ did not change the proposed rules in response to this comment. Response Type: yes, no rule change needed Comments linked to this category: 613 Comment Category #3: Air Toxics Permit Addendum - Provide for transfer to new owner Description: There should be transfer provisions for the permit attachment. The permit attachment has no expiration date and yet there is no apparent method to transfer the attachment to a new owner. Clear and reasonable transfer processes consistent with the basic air permit programs should be provided for the attachment. Response: DEQ changed its approach regarding permitting of toxic air contaminants based on public comment received. DEQ now proposes to issue Toxic Air Contaminant Permit Addendums to Air Contaminant Discharge permittees and Title V permittees that amend operating permits instead of having a separate permit without an expiration date. Item G 001189 11/15/2018 ATTACHMENT G G-2 Attachment G: Public comment categories and agency responses Nov. 15-16, 2018, EQC meeting Page 3 of 285 The rules regarding Air Contaminant Discharge Permits and Title V Operating Permits apply to Cleaner Air Oregon permit conditions. Because of this change in approach, change of ownership, correction of typographical errors and similar administrative changes would also apply to Toxic Air Contaminant Permit Addendums providing the ability to transfer the addendum to a new owner. DEQ agrees with commenter and changed the proposed rules in response to this comment. Response Type: yes, we will make changes to address the comment Comments linked to this category: 616 Comment Category #4: Air Toxics Permit Addendum - require public notice for termination or revocation Description: DEQ should provide public notice for the termination or revocation of an Toxic Air Contaminant Permit Addendum so that the surrounding community can ensure that DEQ is taking necessary actions to protect public health in a transparent way. Response: DEQ has changed its thinking regarding permitting of toxic air contaminants based on public comment received. DEQ proposes to issue Toxic Air Contaminant Permit addendums that amend Air Contaminant Discharge and Title V operating permits. DEQ will incorporate Toxic Air Contaminant Permit Addendums into the operating permit at renewal or modification for an existing source, or issuance for a new source. Because of this change, termination or revocation of a Toxic Air Contaminant Permit Addendum is not necessary. If an owner or operator reduces risk so that permit conditions for Toxic Air Contaminants are no longer needed, those conditions will be removed but the operating permit will still be in effect. DEQ currently does not provide public notice for termination or revocation of operating permits, either Air Contaminant Discharge Permits or Title V Operating Permits. If an operating permit is terminated or revoked as a result of an enforcement action, DEQ would notify the public through a press release. DEQ distributes press releases to media outlets and through GovDelivery, a free email alert subscription of approximately 5,000 subscribers. If DEQ finds a serious danger to the public health, safety, or the environment caused by a permittee's activities, DEQ may immediately revoke or refuse to renew the permit. DEQ did not change the proposed rules in response to this comment. Response Type: no, we won't make changes to address this comment Comments linked to this category: 491, 552 Comment Category #5: Air Toxics Permit Addendum - require renewal Item G 001190 11/15/2018 ATTACHMENT G G-3 Attachment G: Public comment categories and agency responses Nov. 15-16, 2018, EQC meeting Page 4 of 285 Description: A permit should have a renewal period, triggered by an increased health risk due to emissions, cumulative emission, and changes in population demographics and vulnerability. Response: DEQ changed its approach regarding permitting of toxic air contaminants based on public comment received. DEQ now proposes to issue Toxic Air Contaminant Permit Addendums to Air Contaminant Discharge permittees and Title V permittees that amend these operating permits instead of having a separate Toxic Air Contaminant Permit Attachment without an expiration date. Because of this change, permit conditions for toxic air contaminants will expire along with the rest of the operating permit and will need to be renewed using the same renewal procedures for existing operating permits, both Air Contaminant Discharge Permits and Title V Operating Permits. The proposed rules require a source to apply for a permit modification if the source wishes to make changes that will increase risk above their current permitted risk levels. These could include changes to emissions and exposure location. If DEQ receives an application for changes that will increase risk, DEQ must provide public notice and an opportunity for citizens to request a public hearing (see OAR 340-245- 0100(7)). The proposed rules do not require a source to take action if there are changes with surrounding demographics or sensitive populations. Such population changes generally occur over many years, and DEQ does not believe
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