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Ordinance No. 84-24 CITY OF TIGARD, OREGON ORDINANCE NO. 84-,2_j_ AN ORDINANCE AMENDING ORDINANCE NO. 83-52 VOLUME 1, RESOURCE DOCUMENT; VOLUME II FINDINGS, POLICIES AND IMPLEMENTATION STRATEGIES; AND VOLUME III COMMUNITY DEVELOPMENT CODE TO INCORPORATE CHANGES RECOMMENDED BY THE OREGON STATE DEPARTMENT OF ENVIRONMENTAL QUALITY. WHEREAS, the Tigard City Council adopted Volume 1, Resource Document; Volume II, Findings, Policies and Implementation Strategies; and Volume III, the Community Development Code by Ordinance No. 83-52 on November 9, 1983; and WHEREAS, the Oregon State Department of Environmental Quality has reviewed the City's Comprehensive Plan and recommended changes; and WHEREAS, the Planning Commission held a public hearing to consider the recommended changes on April 3, 1984; and WHEREAS, the Planning Commission voted unanimously to forward a recommendation to the Council to approve the changes with a recommendation that something be included in the plan regarding the capacity of the Durham Waste Treatment Plant NOW, THEREFORE, THE CITY OF TIGARD ORDAINS AS FOLLOWS: Section 1• Volume 1, Resource Document shall be amended as follows, with bracketed .items ([]) deleted and with underlined items ( ) being added: Insert on page I-123 as the last paragraph in the Air Quality Section the following paragraph: "The Department of Environmental Quality has instituted a new source review program. This program ensures that major new or modified industrial sources will not violate ambient air quality standards or Prevention of Significant Degradation (PSD) increments. Requirements are more stringent for sources located in or near nonattainment areas (such as Tigard)." Insert as second paragraph under Jurisdiction Coordination on Page I-116 the following: "The Department of Environmental Quality issues Air Contaminant Discharge Permits (RCDP) and Indirect Source Construction Permits (ISCP). The Department administers a new source review program for major industrial sources of air pollution to ensure that air quality standards and PSD increments will not be violated. Requirements are more stringent for sources located in or hear nonattainment areas." ORDINANCE NO. 84 t� PAGE 1 Amend the first paragraph under Air Quality on Page I-117 to read as follows: ' "Tigard is within Portland's airshed described as the Portland Air Quality Maintenance Area (AQMA) which is a designated nonattainment area. In July, 1982, the Corbon Monoxide (CO) nonattainment area (NAA) boundaries were reduced so that Tigard is no longer in the CO NAA. Tigard is also outside the Total Suspended Particulate (TSP) NAA. Within the Portland AQMA, the Metrpolitan Service District (hSD) is the lead agency responsible for pollution reductin programs aimed at carbon monoxide (CO) and photochemical oxidants (Ox), of which the primary element of concern is ozone (03). The responsibility of pollution reduction programs with total suspended particles (TSP) is the Department of Environmental Quality (DEQ). MSD and DEQ inventory pollutants and make recommendations for controls and strategies to the Air Quality Advisory Committee, composed of representatives from the jurisdictions, interests groups and the public at large within the AQMA." Insert at the end of the second paragraph on page I-120 the following sentence: "The air quality trends represent statistically significant trends in measured air quality without regard to mitigating circumstances such as meteorology or economy. They are based on annual average data collected over the period 1977-81 and are reported only if significant at the 90% confidence level. TSP and Ozone appear unchanged while CO appears to be increasing." On page 1-121 amend the following by deleting and adding the following material after item #12: "[At present, the DEQ is prohibited from regulating home hearing devices, including wood stoves and fireplaces. However, the t Department is considering several options to resolve the problem of growing emissions from household wood heating. These are: ] "[1. Conduct a statewide voluntary wood stove emission rating and labeling program. This would provide the consumer with a means of comparing appliances based on their actual test performance.] "[2. Provide a consumer pollution control tax credit for installing new or replacement clean-burning stoves.] "[3. Conduct an Emission Performance: Certification Program. This would allow only clean-burning appliances to be sold.)" "Oregon HA 2235 authorizes a mandatory certification program for all new woodstoves sold in the State after July 1, 1984. DEQ is now developing woodstove emission standards and test criteria." Section 2: Volume 2, Findings, Policies and Implementation Strategies shall be amended as follows, with bracketed items M) deleted and with underlined a items ( ) being added: ORDINANCE NO. 84--idi PAGE 2 ' •e Under 4.1 Air Quality Findings on Page II-23 amend the third paragraph as follows: "The City of Tigard lies within the Portland-Vancouver Interstate Air Quality Maintenance Area (AQMA). This area is described in the draft State Implementation. Plan (SIP) for air quality, published jointly by the Department of Environmental Quality and the Metro,:ni'.ran Service District in April, 1979. The draft Stat Implementation Plan (SIP) shows t;.at the entire AQMA is in nonattainment for meeting the recently revised federal ambient air quaity standards for ozone and is predicted to remain in nonattainment to at least 1987 unless additional control measures are undertaken. [MSD and DEQ are developing a regional control strategy to bring the metropolitan area into attainment by 1987.1 The final ozone control strategy for the Portland-Vancouver AQMA was adopted in July, 1982, and is predicted to bring the area into attainment with the standard b 1987." On page II-24 top of page, amend the first paragraph as follows: "The draft SIP also projects nonattainment in 1982 for CO (near Highway 99W). [The City of Tigard is aware of these potential problem areas and will work with MSD to better quantify the extent of these problems.]" The final carbon monoxide control strategy of the Portland-Vancouver AOM�Awas adopted in July 1982. While the area in Tigard near Highway 99W is still a problem, modeling h redacted that the area will be in attainment." Section 3: Volume III, Community Development Code, shall be amended as follows, with bracketed items ([]) deleted and with underlined items ( ) being added: Section 18.90.020(B) on page III-147 be amended to read as follows: "Prior to issuance of a building permit, the Director may require submission of evidence demonstrating compliance with State, Federal and local environmental regulations and receipt of necessary permits. Air Contaminant Discharge Permits (ACDP) or Indirec Source Construction Permits (ISCP). t Section 18.90.040 Visual Emissions on page I1I-148 amend the paragraph by adding this sentence to the end: "DEQ rules for visible emissions (340-21-015 and 340-28-07----------------- 0) apply '� Section 18.90.060 Odors on page III-148 amend the paragraph by adding the following sentence to the end: 01DEQ rules for (340-028-090) Section 18.106.015 (A) on page III-173 amend the paragraph by adding the followingsentence to the end: "An Indirect Source Construction Permit is re uired for,marking facilities havin 250 or morn arkin s aces." ORDINANCE NO. 84 LJ - PACE 3 . a„ t Section 4: Inasmuch as it is necessary for the peace, health and safety of the people of the City of Tigard that this amendment be made with the least possible delay, an emergency is hereby declared to exist, and this ordinance shall become effective immediately upon passage by the Council and approval by the Mayor. PASSED: By �;,,� tr«v ._S vote of all Council members present after being read by number and tittle only, this �i day y of no ,! 1984. Deputy City Recor ei - Cit of Tigard APPROVED: This 3J day of 1984. z Mayor pro tem - City of Tigard it 34 z[ ORDINANCE 170, 84 _ PAGE 4