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Table 4

EPA APPROVED LANE REGIONAL AIR PROTECTION AGENCY (LRAPA) RULES 

FOR OREGON

LANE REGIONAL AIR PROTECTION AGENCY REGULATIONS

TITLE 11 - POLICY AND GENERAL PROVISIONS

11-005 Policy

In the interest of the public health and welfare of the people, it is declared to be the public policy 

of the Lane Regional Air Pollution Authority to restore and maintain the quality of the air 

resources of the territory in a condition as free from air pollution as is practicable, consistent 

with the overall public welfare of the territory. The program of this Authority for the control of 

air pollution shall be undertaken in a progressive manner, and each of its objectives shall be 

sought to be accomplished by cooperation and conciliation among all the parties concerned.

State adopted: 10/9/1979; EPA effective: 11/8/1993; 58 FR 47385

11-010 Construction and Validity

If any provision of these rules shall be held void or unconstitutional by judicial or other 

determination, all other parts of these rules which are not expressly held to be void or 

unconstitutional shall continue in full force and effect.

These rules are not intended to permit any practice which is a violation of any statute, ordinance, 

order or regulation of this Authority or any other governmental unit and no provision contained 

in these Rules is intended to impair or abrogate any civil remedy or process, whether legal or 

equitable, which might otherwise be available to any person.

These rules are not intended to apply to the air quality requirements for the workroom 

atmosphere necessary to protect an employee's health from contaminants emitted by his 

employer, nor are they concerned with the occupational health factors in an employer-employee 

relationship.

State effective: 10/9/1979; EPA effective: 11/8/1993; 58 FR 47385
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TITLE 12 - DEFINITIONS

12-001 Definitions of Words and Terms Used in LRAPA Rules and Regulations

To aid in the understanding of these rules, the following definitions are provided.

"Acid Gases" means any exhaust gas which includes hydrogen chloride and sulfur dioxide.

"Actual Emissions" means the mass rate of emissions of a pollutant from an emissions source 

during a specified time period. Actual emissions shall be directly measured with a continuous 

monitoring system or calculated using a material balance or verified emission factor in 

combination with the source's actual operating hours, production rates, or types of materials 

processed, stored, or combusted during the specified time period.

A. For purposes of determining actual emissions as of the baseline period:

(1) Except as provided in paragraph (2) of this subsection, actual emissions shall equal the average 

rate at which the source actually emitted the pollutant during a baseline period and which is 

representative of normal source operation;

(2) The Authority may presume the source-specific mass emissions limit included in the permit for 

a source that was effective on September 8, 1981 is equivalent to the actual emissions of the source 

during the baseline period if it is within 10 percent of the actual emissions calculated under 

paragraph (1) of this subsection.

B. For any source which had not yet begun normal operation in the specified time period, actual 

emissions shall equal the potential to emit of the source.

C. For purposes of determining actual emissions for Emission Statements under OAR 

340-28-1500 through 340-28-1520, Major Source Interim Emission Fees under OAR 340-28-2400 

through 340-28-2550, and Federal Operating Permit Fees under OAR 340-28-2560 through 

340-28-2720, actual emissions include, but are not limited to, routine process emissions, fugitive 

emissions, excess emissions from maintenance, startups and shutdowns, equipment malfunction, 

and other activities.

"Adequately wet" means to sufficiently mix or penetrate asbestos-containing material with liquid 

to prevent the release of particulate asbestos materials. The absence of visible emissions is not 

sufficient evidence of being adequately wet.

"Adoption" means the carrying of a motion by the Board with regard to the subject matter or issues 

of an intended Authority action.

"Agricultural open burning" means the open burning of "agricultural wastes," which are materials 

actually generated by an agricultural operation but excluding those materials described in Section 
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47-015-1.E.

"Agricultural operation" means an activity on land currently used or intended to be used primarily 

for the purpose of obtaining a profit in money by raising, harvesting and selling crops or by the 

raising and sale of livestock or poultry, which activity is necessary to serve that purpose; it does 

not include the construction and use of dwellings customarily provided in conjunction with the 

agricultural operation.

"Air Contaminant" means solid, liquid or gaseous materials suspended in the ambient air. This 

does not include water vapor.

"Air Contaminant Discharge Permit" means a written permit issued by the Authority in accordance 

with duly adopted procedures, which by its conditions authorizes the permittee to construct, 

install, modify or operate specified facilities, conduct specified activities, or emit, discharge or 

dispose of air contaminants in accordance with specified practices, limitations, or prohibitions.

"Air Conveying System" means an air moving device such as a fan or blower, and associated 

ductwork, and a cyclone or other collection device, the purpose of which is to move material from 

one point to another by entrainment in a moving airstream. It does not include particle dryers.

"Air Pollution" means the presence in the outdoor atmosphere of one or more air contaminants, or 

any combination thereof, in sufficient quantities and of such characteristics and of a duration as 

are, or are likely to be, injurious to the public welfare, to the health of human, plant or animal life 

or to property, or which unreasonably interfere with enjoyment of life and property.

"Air Pollution Control Equipment" means any equipment which has as its essential purpose a 

reduction in the emissions of air contaminants, or a reduction in the effect of such emissions.

"Air Quality Maintenance Area (AQMA)" means any area that has been identified by the 

Authority or the Department, and approved by the Board or the Commission, as having the 

potential for exceeding any federal, state or local ambient air quality standard.

"Air Quality Maintenance Area (AQMA) Analysis" means an analysis of the impact on air quality 

in an AQMA of emissions from existing air contaminant sources and emissions associated with 

projected growth and development.

"Aircraft Operation" means any aircraft landing or takeoff.

"Airport" means any area of land or water which is used or intended for use for the landing and 

takeoff of aircraft, or any appurtenant areas, facilities, or rights-of-way, such as terminal facilities, 

parking lots, roadways, and aircraft maintenance and repair facilities.

"Ambient Air" means the air that surrounds the earth to which the general public has access, 

excluding the volume of gases contained within any building or structure.
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"Ambient Air Monitoring Site Criteria" means the general probe siting specifications in Appendix 

E of 40 CFR 58. 

"Asbestos" means the asbestiform varieties of serpentine (chrysotile), riebeckite (crocidolite), 

cumingtonite-grunerite (amosite), anthophyllite, actinolite and trimolite.

"Asbestos-containing waste material" means any waste which contains mill tailings or any commercial asbestos and is generated by a source subject to the provisions of this subsection, including 

but not limited to asbestos mill tailings, control device asbestos waste, friable asbestos waste 

material, asbestos abatement project waste and bags or containers that previously contained 

commercial asbestos.

"Asbestos abatement project" means any demolition, renovation, repair, construction or 

maintenance activity of any public or private facility that involves the repair, enclosure, 

encapsulation, removal, salvage, handling or disposal of any material with the potential of 

releasing asbestos fibers from asbestos-containing material into the air. Note: An asbestos 

abatement project is not considered to be a source under 43-010-2 through 43-010-6. Emergency 

fire fighting is not an asbestos abatement project.

"Asbestos manufacturing operation" means the combining of commercial asbestos, or in the case 

of woven friction products, the combining of textiles containing commercial asbestos with any 

other material(s) including commercial asbestos, and the processing of this combination into a 

product as specified in Section 43-015-3.

"Asbestos-containing material" means asbestos or any material containing at least 1% asbestos by 

weight, including particulate asbestos material.

"Asbestos mill" means any facility engaged in the conversion or any intermediate step in the 

conversion of asbestos ore into commercial asbestos.

"Asbestos tailings" means any solid waste product of asbestos mining or milling operations which 

contains asbestos.

"Approved Method" means an analytical method for measuring air contaminant concentrations 

which are described or referenced in Appendices to 40 CFR 50 and 40 CFR 53. These methods 

are approved by the Authority.

"Assessable Emission" means a unit of emissions for which the major source will be assessed a 

fee. It includes an emission of a pollutant defined in LRAPA 35-010 from one emission point or 

from an area within a major source. For routine process emissions, emissions of each pollutant in 

LRAPA 35-010 from each emission point, included in an air contaminant discharge permit, shall 

be an assessable emission.
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"Associated Parking" means a discrete parking facility or facilities owned, operated and/or used in 

conjunction with an indirect source.

"ASTM" means the American Society for Testing Materials.

"Authority" means the Lane Regional Air Pollution Authority.

"Authority-Approved Method" means any method of sampling and analyzing for an air 

contaminant approved by the Authority. These methods are listed in the state Department of 

Environmental Quality's Source Sampling Manual.

"Auxiliary Combustion Equipment" includes, but is not limited to, fans or air curtain incinerators.

"Average Daily Traffic" means the total traffic volume during a given time period in whole days 

greater than one day and less than one year, divided by the number of days in that time period, 

commonly abbreviated as ADT.

"Average Operating Opacity" means the opacity of emissions determined using EPA method 9 on 

three days within a 12-month period which are separated from each other by at least 30 days. A 

violation of the average operating opacity limitation is judged to have occurred if the opacity of 

emissions on each of the three days is greater than the specified average operating opacity 

limitation.

"Baseline concentration" means that ambient concentration level for a particular regulated 

pollutant which existed in an area during the calendar year 1978. If no ambient air quality data is 

available in an area, the baseline concentration for any pollutant may be estimated using modeling 

based on actual emissions for the calendar year 1978. Actual emissions increases or decreases 

occurring before January 1, 1978 will be included in the baseline concentration. 

"Baseline Emission Rate" means the average actual emission rate during the baseline period. 

Baseline emission rate shall not include increases due to voluntary fuel switches or increased hours 

of operation that have occurred after the baseline period.

"Baseline Period" means either calendar years 1977 or 1978. The Authority shall allow the use of 

a prior time period upon a determination that it is more representative of normal source operation.

"Begin Actual Construction" means to begin to engage in a continuous program of on-site 

construction or on-site modification, including site clearing, grading, dredging, or landfilling in 

preparation for the fabrication, erection, installation or modification of a source.

"Beryllium" means the element beryllium. Where weight or concentrations are specified in these 

Rules, such weights or concentrations apply to beryllium only, excluding any associated elements.

"Beryllium Alloy" means any metal to which beryllium has been added in order to increase its 
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beryllium content, and which contains more than one-tenth of one percent (0.1 %) beryllium by 

weight.

"Beryllium-Containing Waste" means any material contaminated with beryllium and/or beryllium 

compounds used or generated during any process or operation performed by a source subject to 

these rules.

"Beryllium ore" means any naturally occurring material mined or gathered for its beryllium 

content.

"Best Available Control Technology (BACT)" means an emission limitation (including a visible 

emission standard) based on the maximum degree of reduction of each air contaminant subject to 

regulation under the Clean Air Act which would be emitted from any proposed major source or 

major modification which, on a case-by-case basis, taking into account energy, environmental, and 

economic impacts and other costs, is achievable for such source or modification through 

application of production processes or available methods, systems, and techniques, including fuel

cleaning or treatment or innovative fuel combustion techniques for control of such air 

contaminant. In no event shall the application of BACT result in emissions of any air 

contaminant which would exceed the emissions allowed by any applicable new source performance standard or any standard for hazardous air pollutants. If an emission limitation is not 

feasible, a design, equipment, work practice, or operational standard, or combination thereof, may 

be required. Such standard shall, to the degree possible, set forth the emission reduction 

achievable and shall provide for compliance by prescribing appropriate permit conditions.

"Biological Waste," includes blood and blood products, excretions, exudates, secretions, 

suctionings and other body fluids that cannot be directly discarded into a municipal sewer system, 

and waste materials saturated with blood or body fluids, but does not include diapers soiled with 

urine or feces (see also "infectious waste").

"BLS" means Black Liquor Solids, dry weight.

"Board" means the Board of Directors of the Lane Regional Air Pollution Authority.

"Calculated Emission" means actual emissions estimated using Authority-approved procedures.

"Chair" means the chair of the Board of Directors of the Lane Regional Air Pollution Authority.

"Charcoal Producing Plant" means an industrial operation which uses the destructive distillation of 

wood to obtain the fixed carbon in the wood.

"Class I Area" means any federal, state, or Indian reservation land which is so classified. For the 

State of Oregon, these are as follows: 

A. Mt. Hood Wilderness;
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B. Eagle Cap Wilderness;

C. Hells Canyon Wilderness;

D. Mt. Jefferson Wilderness;

E. Mt. Washington Wilderness;

F. Three Sisters Wilderness;

G. Strawberry Mountain Wilderness;

H. Diamond Peak Wilderness;

I. Crater Lake National Park;

J. Kalmiopsis Wilderness;

K. Mountain Lake Wilderness;

L. Gearhart Mountain Wilderness.

"Collection Efficiency" means the overall performance of the air cleaning device in terms of ratio 

of weight of material collected to total weight of input to the collector.

"Combustion Promoting Materials" include, but are not limited to, propane, diesel oil, or jellied

diesel.

"Commence Construction" means to begin to engage in a continuous program of on-site 

construction or on-site modification, including site clearing, grading, dredging, or landfilling in 

preparation for the fabrication, erection, installation or modification of a source; or entry into 

binding agreements or contractual obligations which cannot be canceled or modified without 

substantial loss to the owner or operator.

"Commercial Area" means land which is zoned or used for commercial operations including retail 

sales and services.

"Commercial asbestos" means any variety of asbestos which is produced by extracting asbestos 

from asbestos ore.

"Commercial Open Burning" means the open burning of "commercial wastes," which are 

materials actually generated or used by a commercial operation.

"Commission" means the Environmental Quality Commission.

"Compliance" means meeting the requirements of the Authority's or Department's, Commission's 

or EPA's rules, permits or orders.

"Constant Process Rate" means the average variation in process rate for the calendar year is not 

greater than plus or minus ten percent of the average process rate.

"Construction" means any physical change including fabrication, erection, installation, or 

modification of a facility, building or emission unit; or change in method of operation of a source 

which would result in a change in actual emissions.
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"Construction Open Burning" means the open burning of "construction wastes," which are 

materials actually resulting from or produced by a building or construction project.

"Contested Case" means a proceeding before the Board or a Hearings Officer:

A. In which the individual legal rights, duties or privileges of specific parties are required by 

statute or Constitution to be determined only after an agency hearing at which such specific parties 

are entitled to appear and be heard; or

B. Where the Authority has discretion to suspend or revoke a right or privilege of a person; or

C. For the suspension, revocation or refusal to renew or issue a permit where the licensee or 

applicant for a license demands such hearing; or

D. Where Authority rule or order provides for hearing substantially of the character required by 

ORS 183.415, 183.425 and 183.450 to 183.470.

"Contingency Requirements" means the requirements of Sections 39-001 through 39-060.

"Continual Monitoring" means sampling and analysis, in a continuous or timed sequence, using 

techniques which will adequately reflect actual emission rates or concentrations on a continuous 

basis.

"Continuous Emissions Monitoring" means a monitoring system for continuously measuring the 

emissions of a pollutant from an affected incinerator. Continuous monitoring equipment and 

operation shall be certified in accordance with EPA performance specifications and quality 

assurance procedures outlined in 40 CFR 60, Appendices B and F, and the Department's CEM 

Manual.

"Continuous Monitoring Systems" means sampling and analysis, in a timed sequence, using 

techniques which will adequately reflect calculated emissions and actual emission levels or 

concentrations on a continuing basis, in accordance with the Department's Continuous Monitoring 

Manual, and includes continuous emission and parameter monitoring systems.

"Crematory Incinerator" means an incinerator used solely for the cremation of non-pathological 

human and non-pathological animal remains. 

"Cultures and stocks" includes etiologic agents and associated biologicals, including specimen 

cultures and dishes and devices used to transfer, inoculate and mix cultures, wastes from 

production of biologicals, and serums and discarded live and attenuated vaccines. "Cultures" 

does not include throat and urine cultures (see also "infectious waste").

"Daily Arithmetic Average" means the average concentration over the twenty-four hour period in 
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a calendar day, or Authority-approved equivalent period, as determined by continuous monitoring 

equipment or reference method testing. Determinations based on EPA reference methods or 

equivalent methods in accordance with the Department Source Test Manual consist of three (3) 

separate consecutive runs having a minimum sampling time of sixty (60) minutes each and a 

maximum sampling time of eight (8) hours each. The three values for concentration (ppm or 

grains/dscf) are averaged and expressed as the daily arithmetic average which is used to determine 

compliance with process weight limitations, grain loading or volumetric concentration limitations 

and to determine daily emission rate.

"Debris Clearing" means the removal of wood, trees, brush or grass in preparation for a land 

improvement or construction project.

"Demolish" or "Demolition" means the wrecking or removal of any load-supporting structural 

member of a facility together with any related handling operations or the intentional burning of any 

facility.

"Demolition Open Burning" means the open burning of "Demolition Wastes," which are materials 

actually resulting from or produced by the complete or partial destruction or tearing down of a 

man-made structure or the clearing of any site to abate a nuisance, or land clearing for site 

preparation for development.

"Department" means the Oregon Department of Environmental Quality.

"Design Criteria" means the numerical as well as narrative description of the basis of design 

including, but not necessarily limited to, design flow rates, temperatures, humidities, descriptions 

of the types and chemical species of contaminants, uncontrolled and expected controlled mass 

emission rates and concentrations, scopes of any vendor-supplied and owner-supplied equipment 

and utilities, and a description of any operational controls.

"Dioxins and Furans" means total tetra- through octachlorinated dibenzo-p-dioxins and 

dibenofurans.

"Director" means the Director of the Lane Regional Air Pollution Authority and authorized 

deputies or officers.

"Distillate Fuel Oil" means any oil meeting the specifications of ASTM Grade 1 or Grade 2 fuel 

oils.

"Documented Violation" means any violation which the Authority or other government agency 

records after observation, investigation or data collection.

"Dry Material" includes, but is not limited to, dried wood, feed, seed, or other materials.

"Dry Standard Cubic Foot" means the amount of gas, free of uncombined water, that would 
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occupy a volume of 1 cubic foot at standard conditions. When applied to combustion flue gases 

from waste or refuse burning, "Standard Cubic Foot (SCF)" means adjustment of gas volume to 

that which would result at a concentration of 7% oxygen (dry basis).

"Emission" means a release into the ambient air of air contaminants.

"Emission Estimate Adjustment Factor (EEAF)" means an adjustment applied to an emission 

factor to account for the relative inaccuracy of the emission factor.

"Emission Factor" means an average value which relates the quantity of a pollutant released to the 

atmosphere with the activity associated with the release of that pollutant.

"Emission Limitation" means a requirement established by LRAPA, local government, the State of 

Oregon DEQ or the U. S. EPA, which limits the quantity, rate or concentration of emissions of air 

pollutants on a continuous basis. This includes requirements on opacity limits, equipment prescriptions, fuel specifications, and operation and maintenance procedures.

"Emission Point" means the location, place in horizontal plane and vertical elevation at which an 

emission enters the outdoor atmosphere.

"Emission Reduction Credit Banking" means to reserve emission reductions for future use by the 

reserver or assignee.

"Emission Reporting Form" means a paper or electronic form developed by the Authority that 

shall be completed by the permittee to report calculated emissions or permitted emissions for 

interim emission fee assessment purposes.

"Emission Standard" is the same as "Emission Limitation".

"Emission Unit" means any part of a source (including specific process equipment) which emits or 

would have the potential to emit any air contaminant subject to regulation under the Clean Air Act, 

State of Oregon laws, or these regulations.

"Enforcement" means any documented action taken to address a violation.

"EPA" means the United States Environmental Protection Agency.

"EPA Method 9" means the method for Visual Determination of the Opacity of Emissions From 

Stationary Sources as promulgated by the U.S. Environmental Protection Agency in Title 40 of the 

Code of Federal Regulations, Part 60, Appendix A, Method 9.

"Eugene/Springfield Air Quality Maintenance Area" means that area described in Section 4.6.2.1 

and Figure 4.6.2.1--1 of the State of Oregon State Implementation Plan Revision, Eugene/Springfield AQMA, as approved by the Board on November 6, 1980.
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"Eugene-Springfield Urban Growth Area (ESUGA)" means the area within and around the cities 

of Eugene and Springfield, as described in the August 23, 1982 acknowledged Eugene-Springfield 

Metropolitan Area General Plan, as amended.

"Event" means any period of excess emissions.

"Excess Emissions" means emissions which are in excess of an Air Contaminant Discharge Permit 

or any applicable air quality rule.

"Existing Source" means any air contaminant source constructed prior to the date of adoption of 

rules affecting that source.

"Expressway" means a divided arterial highway for through traffic with full or partial control of 

access and generally with grade separations at major intersections.

"Fabricating" means any processing (e.g., cutting, sawing, drilling) of a manufactured product that 

contains commercial asbestos, with the exception of processing at temporary sites (field 

fabricating) for the construction or restoration of facilities. In the case of friction products, 

fabricating includes bonding, debonding, grinding, sawing, drilling, or other similar operations 

performed as part of fabricating.

"Facility" means all or part of any public or private building, structure, installation, equipment, or 

vehicle or vessel including but not limited to ships.

"Federal Land Manager" means, with respect to any lands in the United States, the Secretary of the 

federal department with authority over such lands.

"Federal Operating Permit Program" means a program approved by the EPA Administrator under 

40 CFR Part 70 (last amended by 57 FR 32295, July 21, 1992). The rules and regulations which 

shall apply until superseded by LRAPA rules and regulations are OAR 340-28-2100 through 

340-28-2320 and 340-28-2560 through 340-28-2740, and all of OAR 340-32.

"Filing" or "filed" means receipt in the office of the Director. Such receipt is adequate where 

filing is required for a document on a matter before the Authority, except a claim of personal 

liability.

"Fire Hazard" means the presence or accumulation of combustible material of such nature and in 

sufficient quantity that its continued existence constitutes an imminent and substantial danger to 

life, property, public welfare, or to adjacent lands.

"Fire Permit Issuing Agency" means any governmental fire permit issuing agency, such as city fire 

department, rural fire protection district, water district, forest protection district or county court or 

board of county commissioners or their designated representative, as applicable.
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"Flagrant" means any documented violation where the respondent had actual knowledge of the law 

and consciously set out to commit the violation.

"Formal Enforcement Action" means an administrative action signed by the Director or authorized 

representative which is issued to a respondent for a documented violation. A formal enforcement 

action may require the respondent to take specific action within a specified time frame and/or state 

the consequences for continued non-compliance.

"Freeway" means an expressway with full control of access.

"Friable asbestos material" means any asbestos-containing material that hand pressure can 

crumble, pulverize or reduce to powder when dry.

"Fugitive Emissions," as used in Title 35, means emissions of any air contaminant which could not 

reasonably pass through a stack, vent, duct, or functionally equivalent opening.

"Fugitive Emission," except as used in Title 35, means emissions of any air contaminant which 

escapes to the ambient air from any point or area that is not identifiable as a stack, vent, duct, or 

functionally equivalent opening.

"Full-scale asbestos abatement project" means any asbestos abatement project which is intended to 

prevent the release of asbestos fibers into the air and which is not classified as a "small-scale 

asbestos abatement project." 

"Garbage" means putrescible animal and vegetable wastes resulting from the handling, 

preparation, cooking, and serving of food.

"Gasoline" means any petroleum distillate having a Reid vapor pressure of four (4) pounds per 

square inch or greater.

"General Arrangement," in the context of the compliance schedule requirements in this division, 

means drawings or reproductions which show, as a minimum, the size and location of equipment 

served by the emission-control system, the location and elevation above grade of the ultimate point 

of contaminant emission to the atmosphere, and the diameter of the emission vent.

"Growth Increment" means an allocation of some part of an airshed's capacity to accommodate 

future new minor sources, modifications of minor sources, and area source growth.

"Hardboard" means a flat panel made from wood that has been reduced to basic wood fibers and 

bonded by adhesive properties under pressure.

"Hazardous Air Contaminant" means any air contaminant considered by the Authority to cause or 

contribute to an identifiable and significant increase in mortality or to an increase in serious 
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irreversible or incapacitating reversible illness and for which no ambient air standard exists.

"Hazardous Waste" means a hazardous waste as defined in 40 CRF 261.3.

"HEPA filter" means a high-efficiency particulate air filter capable of filtering 0.3 micrometer 

particles with 99.97 percent efficiency.

"Highway Section" means a highway of substantial length between logical termini (major 

crossroads, population centers, major traffic generators, or similar major highway control 

elements) as normally included in a single location study or multi-year highway improvement 

program.

"Immediately," as relates to notifying LRAPA of episodes of excess emissions, means one of the 

following:

A. During LRAPA's normal work hours, 8:00 a.m. to 5:00 p.m. Monday through Friday, report is 

to be made as soon as possible but no more than one (1) hour after the beginning of the excess 

emissions; or

B. During LRAPA's off-duty hours or on weekends or holidays, report is to be made as soon as 

possible but no more than one (1) hour after the beginning of the excess emissions, using LRAPA's 

electronic telephone answering equipment. If the person reporting the incident is unable to access 

the telephone answering equipment because of overloaded telephone circuits or telephone 

equipment malfunction, the report must be made to the LRAPA business office at the beginning of 

the next working day.

"Inactive asbestos waste disposal site" means any disposal site where the operator has allowed the 

Department's solid waste permit to lapse, has gone out of business, or no longer receives 

asbestos-containing waste.

"Incineration Operation" means any operation in which combustion is carried on in an incinerator, 

for the principal purpose or with the principal result, of oxidizing wastes to reduce their bulk 

and/or facilitate disposal.

"Incinerator" means a combustion device specifically for destruction, by high temperature 

burning, of solid, semi-solid, liquid, or gaseous combustible wastes. This does not include 

devices such as open or screened barrels, drums, or process boilers.

"Indirect Source" means a facility, building, structure, installation, or any portion or combination 

thereof, which indirectly causes or may cause mobile source activity that results in emissions of an 

air contaminant for which there is a federal, state or local standard. Such Indirect Sources shall 

include, but shall not be limited to:

A. Highways and roads;
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B. Parking facilities;

C. Retail, commercial and industrial facilities;

D. Recreation, amusement, sports and entertainment facilities;

E. Airports;

F. Office and government buildings;

G. Apartment and mobile home parks;

H. Educational facilities;

I. Hospital facilities; and

J. Religious facilities.

"Indirect Source Construction Permit" means a written permit in letter form issued by the 

Authority, bearing the signature of the Director, which authorizes the permittee to commence 

construction of an indirect source, under construction and operation conditions and schedules as 

specified in the permit.

"Indirect Source Emission Control Program (ISECP)" means a program which reduces mobile 

source emissions resulting from the use of the Indirect Source.

"Industrial Area" means land which is zoned or used for industrial operations, including 

manufacturing.

"Industrial Open Burning" means the open burning of "industrial wastes," which are materials 

produced as a direct result of any manufacturing or industrial process.

"Infectious Waste" means waste which contains or may contain any disease-producing 

microorganism or material including, but not limited to, biological waste, cultures and stocks, 

pathological waste, and sharps (see individual definitions for these terms).

"Infectious Waste Incinerator" means an incinerator which is operated or utilized for the disposal 

or treatment of infectious waste, including combustion for the recovery of heat.

"Intentional," means conduct by a person with a conscious objective to cause the result of the 

conduct.

"Interim Emission Fee" means $13 per ton for each assessable emission subject to emission fees 

under LRAPA 35-010 for calculated or permitted emissions released during calendar years 1991 

and 1992.

"Interim storage of asbestos-containing material" means the storage of asbestos-containing waste 

material which has been placed in a container outside a regulated area until transported to an 

authorized landfill.

"Kraft Mill" or "Mill" means any industrial operation which uses for a cooking liquor an alkaline 

sulfide solution containing sodium hydroxide and sodium sulfide in its pulping process.
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"Land Clearing" means the removal of trees, brush, logs, stumps, debris or man-made structures 

for the purpose of site clean-up or site preparation for construction.

"Late Payment" means an interim emission fee which is postmarked after the due date.

"Leaves" means needle or leaf materials which have fallen from trees, shrubs, or plants on the 

property around a dwelling unit.

"Lime Kiln" means any production device in which calcium carbonate is thermally converted to 

calcium oxide.

"Lowest Achievable Emission Rate (LAER)" means that rate of emissions which reflects:

A. The most stringent emission limitation which is contained in the implementation plan of any 

state for such class or category of source, unless the owner or operator of the proposed source 

demonstrates that such limitations are not achievable, or

B. The most stringent emission limitation which is achieved in practice by such class or category 

of source, whichever is more stringent.

In no event shall the application of this term allow a proposed new or modified source to emit any 

air contaminant in excess of the amount allowable under applicable new source performance 

standards or standards for hazardous air pollutants.

"Magnitude of the Violation" means the extent of a violator's deviation from federal, state and the 

Authority's statutes, rules, standards, permits or orders. In determining magnitude, the Authority 

shall consider available information, including such factors as concentration, volume, percentage, 

duration, toxicity, and the extent of the effects of the violation. In any case, the Authority may 

consider any single factor to be conclusive. Deviations shall be categorized as major, moderate or 

minor.

"Major Modification" means any physical change or change of operation of a source that would 

result in a net significant emission rate increase (as defined in this section) for any pollutant subject 

to regulation under the Clean Air Act. This criteria also applies to any pollutants not previously 

emitted by the source. Calculations of net emission increases must take into account all 

accumulated increases and decreases (not including mandated decreases) in actual emissions 

occurring at the source since January 1, 1978, or since the time of the last major source or major 

modification approval issued for the source pursuant to the rules for that pollutant, whichever time 

is more recent. If accumulation of emission increases results in a net significant emission rate

increase, the modifications causing such increases become subject to the major modification 

requirements of this title, including the retrofit of required controls. For the purposes of this title, 

fugitive emissions shall be included in the calculation of emission rates of all air contaminants. Fugitive emissions are subject to the same control requirements and analyses required 
16

for emissions from identifiable stacks or vents. Secondary emissions shall not be included in 

calculations of potential emissions which are made to determine if a proposed source or 

modification is major. Once a source or modification is identified as being major, secondary 

emissions must be added to the primary emissions and become subject to these rules.

"Major Source," for those sources subject to the Federal Operating Permit Program, means a 

stationary source which emits, or has the potential to emit, any pollutant regulated under the Clean 

Air Act at a Significant Emission Rate; or any group of stationary sources that are located on one 

or more contiguous or adjacent properties and are under common control of the same person (or 

persons under common control), belonging to a single major industrial grouping or supporting the 

major industrial group and that are described in paragraphs (A) or (B) of this definition. For the 

purposes of this definition, a stationary source or group of stationary sources shall be considered 

part of a single industrial grouping if all of the pollutant-emitting activities at such source or group 

of sources on contiguous or adjacent properties belong to the same major group (i.e., all have the 

same two-digit code) as described in the Standard Industrial Classification Manual (US Office of 

Management and Budget, 1987) or support the major industrial group.

A. A major source under section 112 of the Act, which is defined as:

(1) For pollutants other than radionuclides, any stationary source or group of stationary sources 

located within a contiguous area and under common control that emits or has the potential to emit, 

in the aggregate, 10 tons per year (tpy) or more of any Hazardous Air Pollutant (HAP) which has 

been listed pursuant to section 112(b) of the Act, 25 tpy or more of any combination of such HAP, 

or such lesser quantity as the Administrator may establish by rule. Notwithstanding the preceding 

sentence, emissions from any oil or gas exploration or production well, with its associated 

equipment, and emissions from any pipeline compressor or pump station shall not be aggregated 

with emissions from other similar units, whether or not such units are in a contiguous area or under 

common control, to determine whether such units or stations are major sources; or

(2) For radionuclides, "major source" shall have the meaning specified by the Administrator by 

rule.

B. A major stationary source as defined in part D of Title I of the Act, including:

(1) For ozone nonattainment areas, sources with the potential to emit 100 tpy or more of VOCs or 

oxides of nitrogen in areas classified as "marginal" or "moderate," 50 tpy or more in areas 

classified as "serious," 25 tpy or more in areas classified as "severe," and 10 tpy or more in areas 

classified as "extreme"; except that the references in this paragraph to 100, 50, 25 and 10 tpy of 

nitrogen oxides shall not apply with respect to any source for which the Administrator has made a 

finding, under section 182(f)(1) or (2) of the Act, that requirements to not apply;

(2) For ozone transport regions established pursuant to section 184 of the Act, sources with the 

potential to emit 50 tpy or more of VOCs;
17

(3) For carbon monoxide nonattainment areas,

(a) that area classified as "serious," and

(b) in which stationary sources contribute significantly to carbon monoxide levels as determined 

under rules issued by the Administrator, sources with the potential to emit 50 tpy or more of carbon 

monoxide;

(4) For particulate matter (PM10) nonattainment areas classified as "serious," sources with the 

potential to emit 70 tpy or more of PM10.

“Major Source," as used in Title 38, means a source which emits, or has the potential to emit, any 

pollutant regulated under the Clean Air Act at a Significant Emission Rate (as defined in this 

section). For the purposes of this title, fugitive emissions shall be included in the calculation of 

emission rates of all air contaminants. Fugitive emissions are subject to the same control 

requirements and analyses required for emissions from identifiable stacks or vents. Secondary 

emissions shall not be included in calculations of potential emissions which are made to determine 

if a proposed source or modification is major. Once a source or modification is identified as being 

major, secondary emissions must be added to the primary emissions and become subject to these 

rules.

"Material Balance" means a procedure for calculating emissions based on the difference between 

the amount of material added to a process and the amount consumed and recovered from a process.

"Maximum Opacity" means the opacity as determined by EPA Method 9 (average of 24 

consecutive observations).

"Mercury" means the element mercury, excluding any associated elements and includes mercury 

in particulates, vapors, aerosols, and compounds.

"Mercury Ore" means any mineral mined specifically for its mercury content.

"Mercury Ore Processing Facility" means a facility processing mercury ore to obtain mercury.

"Mercury Chlor-Alkali Cell" means a device which is basically composed of an electrolyzer 

section and denuder (decomposer) section, and which utilizes mercury to produce chlorine gas, 

hydrogen gas, and alkali metal hydroxide.

"Mobile Source" means self-propelled vehicles, powered by internal combustion engines, 

including but not limited to automobiles, trucks, motorcycles and aircraft.

"Model Rules" or "Uniform Rules" means the Attorney General's Uniform and Model Rules of 

Procedure, OAR 137-01-005 through 137-04-010 as amended and in effect on April 29, 1988.
18

"Modification of an Air Contaminant Source" means any physical change or change in operation 

of a source which would result in a non-permitted increase in the air contaminant emissions from 

that source.

"Motor Vehicle" means any self-propelled vehicle designed for transporting persons or property 

on a public street or highway.

"Negative pressure enclosure" means any enclosure of an asbestos abatement project area where 

ambient air pressure is greater than the air pressure within the enclosure, and the air inside the 

enclosure is changed at least two times an hour by exhausting it through a HEPA filter.

"Negligence" or "Negligent" means failure to take reasonable care to avoid a foreseeable risk of 

committing an act or omission constituting a violation.

"New Source" means any air contaminant source not in existence prior to adoption of rules 

affecting that source.

"Nonattainment Area" means a geographical area within the jurisdiction of the Authority which 

exceeds any federal, state or local primary or secondary ambient air quality standard as designated 

by the Board, the Environmental Quality Commission, or the Environmental Protection Agency.

"Non-Condensibles" means gases and vapors, contaminated with TRS compounds, from the 

digestion and multiple-effect evaporation processes of a kraft mill.

"Nonfriable asbestos-containing material" means any material containing more than one percent 

(1%) asbestos as determined by weight that when dry, cannot be crumbled, pulverized, or reduced 

to powder by hand pressure.

"Non-Major Source," as used in Title 38 means a stationary source which will not emit, and does 

not have the potential to emit, any pollutant regulated under the Clean Air Act at a Significant 

Emission Rate.

"Normal Source Operation" means operations which do not include such conditions as forced fuel 

substitution, equipment malfunction, or highly abnormal market conditions.

"Nuisance to the Public" means an interference with a right or privilege common to members of 

the public, as determined through a formal process by the Board.

"Nuisance Conditions" means unusual or annoying amounts of air contaminants. In determining 

whether a nuisance condition exists, consideration shall be given to all relevant factors including 

but not limited to the density of the affected population and the duration of the offending activity.

"Odor" means the property of a substance which allows its detection by the sense of smell.
19

"Off-Street Area or Space" means any area or space not located on a public road dedicated for 

public use.

"Offset" means an equivalent or greater emission reduction which is required prior to allowing an 

emission increase from a new major source or major modification of a source.

"Opacity" means the degree to which an emission reduces transmission of light or obscures the 

view of an object in the background.

"Opacity Readings" are the individual readings which comprise a visual opacity determination.

"Open Outdoor Burning" includes burning in open outdoor fires, burn barrels, and incinerators 

which do not meet emission limitations specified in Section 33-020 of these Rules, and any other 

outdoor burning which occurs in such a manner that combustion air is not effectively controlled 

and combustion products are not effectively vented through a stack or chimney.

"Order" means:

A. Any action satisfying the definition given in ORS Chapter 183; or

B. Any other action so designated in ORS Chapter 468 or 468.A. 

"Other Sources of TRS emissions" means sources of TRS emissions in a kraft mill other than 

recovery furnaces and lime kilns, including but not limited to:

A.Vents from knotters, brown stock washing systems, evaporators, blow tanks, blow heat 

accumulators, black liquor storage tanks, black liquor oxidation system, pre-steaming vessels, tall 

oil recovery operation; and

B. Any vent which is shown to contribute to an identified nuisance condition.

"Parking and Traffic Circulation Plan" means a plan developed by a city, county or regional 

government or regional planning agency, the implementation of which assures the attainment and 

maintenance of the state and local ambient air quality standards.

"Parking Facility" means any building, structure, lot or portion thereof, designed and used 

primarily for the temporary storage of motor vehicles in designated parking spaces.

"Parking Space" means any off-street area of space below, above or at ground level, open or 

enclosed, that is used for parking one motor vehicle at a time.

"Particle Fallout Rate" means the weight of particulate matter which settles out of the air in a given 

length of time over a given area.
20

"Particleboard" means mat-formed flat panels consisting of wood particles bonded together with 

synthetic resin or other suitable binder.

"Particulate asbestos material" means any finely divided particles of asbestos material.

"Particulate Matter" means any liquid or solid matter, except uncombined water, which exists as a 

liquid or solid at standard conditions.

"Parts Per Million (ppm)" means parts of a contaminant per million parts of gas by volume on a 

dry-gas basis (1 ppm equals 0.0001% by volume).

"Pathological waste" includes biopsy materials and all human tissues; anatomical parts that 

emanate from surgery, obstetrical procedures, autopsy and laboratory procedures; and animal 

carcasses exposed to pathogens in research and the bedding and other waste from such animals. 

"Pathological wastes" does not include teeth, or formaldehyde or other preservative agents (see 

also "infectious waste").

"Permit" or "Air Contaminant Discharge Permit" means a written permit issued by the Authority, 

pursuant to LRAPA and DEQ rules and regulations.

"Permitted Emissions," as used in title 35, means assessable emission portion of the Plant Site 

Emission Limit.

"Permittee" means the owner or operator of the facility, in whose name the operation of the source 

is authorized by the Air Contaminant Discharge Permit or the federal operating permit.

"Person" means 

"Person in Charge of Property" means an agent, occupant, lessee, tenant, contract purchaser, or 

other person having possession or control of property. 

"Plant Site Emission Limit (PSEL)" means the total mass emissions per unit time of an individual 

air pollutant specified in a permit for a source. The PSEL may consist of more than one assessable 

emission.

"Plywood" means a flat panel built generally of an odd number of thin sheets of veneers of wood in 

which the grain direction of each ply or layer is at right angles to the one adjacent to it.

"PM10" means particulate matter with an aerodynamic diameter less than or equal to a nominal 10 

micrometers as measured by an approved method as listed in 40 CFR 53.

"PM10 Emissions" means emissions of finely divided solid or liquid material, other than 

uncombined water, with an aerodynamic diameter less than or equal to a nominal 10 micrometers, 
21

emitted to the ambient air as measured by applicable reference methods in accordance with the 

Department's Source Sampling Manual.

"Population" means that population estimate most recently published by the Center for Population 

Research and Census, Portland State University, or any other population estimate approved by the 

Authority.

"Potential to Emit" means the maximum capacity of a source to emit a pollutant under its physical 

and operational design. Any physical or operational limitation on the capacity of the source to 

emit a pollutant, including air pollution control equipment and restrictions on hours of operation or 

on the type or amount of material combusted, stored, or processed, shall be treated as part of its 

design if the limitation or the effect it would have on emissions is federally enforceable. 

Secondary emissions do not count in determining the potential to emit of a source.

"ppm" means parts of air contaminant per million parts of air on a volume basis.

"Prevention of Significant Deterioration Increments" means maximum allowable ambient air 

quality impacts over baseline concentrations in areas designated Class I, II or III, as follows:

Micrograms Per Cubic Meter Class I Class II Class III

Particulate Matter--

TSP Annual Geometric Mean 5 19 37

* TSP 24-Hour Maximum 10 37 75

Sulfur Dioxide--

Annual Arithmetic Mean 2 20 40

* 24-Hour Maximum 5 91 182

* 3-Hour Maximums 25 512 700

(*For these time periods, the applicable maximum allowable increase may be exceeded during 

one such period per year at any one location.)

"Primary Combustion Chamber" means the discrete equipment, chamber or space in which drying 

of the waste, pyrolysis, and essentially the burning of the fixed carbon in the waste occurs.

"Prior Violation" means any violation established, with or without admission, by payment of a 

civil penalty, by an order of default, by issuance of a Notice of Non-Compliance or a Notice of 

Permit Violation, or by a stipulated or final order of the Authority.

"Process Unit" includes all equipment and appurtenances for the processing of bulk material which 
22

are united physically by conveyor or chute or pipe or hose for the movement of product material 

provided that no portion or item of the group will operate separately with product material not 

common to the group operation. Such a grouping is considered encompassing all the equipment 

used from the point of initial charging or feed to the point or points of discharge of material where 

such discharge will:

A. Be stored,

B. Proceed to a separate process, or

C. Be physically separated from the equipment comprising the group.

"Process Upset" means a failure or malfunction of a production process or system to operate in a 

normal and usual manner.

"Process Weight" means total weight of the materials, including solid fuels but not including liquid 

and gaseous fuels and combustion air introduced into any process unit which may cause any 

emission into the atmosphere.

"Production (Kraft Mill)" means the daily amount of air-dried unbleached pulp, or equivalent, 

produced during the 24-hour period each calendar day, or Authority-approved equivalent period, 

and expressed in air-dried metric tons (admt) per day. The corresponding English unit is air-dried 

tons (adt) per day.

"Propellant" means a fuel and oxidizer physically or chemically combined containing beryllium or 

beryllium compounds, which undergoes combustion to provide rocket propulsion.

"Propellant plant" means any facility engaged in the mixing, casting, or machining of propellant.

"Public nuisance" see "Nuisance to the Public."

"Reasonable Receptor and Exposure Sites" means locations where people might reasonably be 

expected to be exposed to air contaminants generated in whole or in part by the indirect source in

question. Location of ambient air sampling sites and methods of sample collection shall conform 

to criteria on file with the Department of Environmental Quality.

"Reckless" or "recklessly" means conduct by a person who is aware of and consciously disregards 

a substantial and unjustifiable risk that the result will occur or that the circumstance exists. The 

risk must be of such a nature and degree that disregard thereof constitutes a gross deviation from 

the standard of care a reasonable person would observe in that situation.

"Recovery Furnace (Kraft Mill)" means the combustion device in which dissolved wood solids are 

incinerated and pulping chemicals recovered from the molten smelt. For these regulations, and 

where present, this term shall include the direct contact evaporator.

"Reference Method" means any EPA approved method. (The methods are listed in the state 
23

Department of Environmental Quality's Source Sampling Manual.)

"Refuse" means unwanted matter.

"Refuse Burning Equipment" means a device designed to reduce the volume of refuse by 

combustion.

"Regional Authority" means a regional air quality control authority established under the 

provisions of ORS 468.505.

"Regional Planning Agency" means any planning agency which has been recognized as a 

substate-clearinghouse for the purposes of conducting project review under the United States 

Office of Management and Budget Circular Number A-95, or other governmental agency having 

planning authority.

"Renovate" or "Renovation" means altering in any way one or more facility components. 

Operations in which load-supporting structural members are wrecked or removed are excluded. 

"Residential Area" means land which is zoned or used for single or multiple family or suburban 

residential purposes.

"Residential Open Burning" means the open burning of clean wood, paper products, and yard 

debris which are actually generated in or around a dwelling for four (4) or fewer family living 

units. Once this material is removed from the property of origin it becomes commercial waste. 

Such materials actually generated in or around a dwelling of more than four (4) family living units 

are commercial wastes.

"Residual Fuel Oil" means any oil meeting the specifications of ASTM Grade 4, Grade 5 or Grade 

6 fuel oils.

"Resource Recovery Facility" means any facility at which municipal solid waste is processed for 

the purpose of extracting, converting to energy, or otherwise separating and preparing municipal 

solid waste for reuse. Energy conversion facilities must utilize municipal solid waste to provide 

fifty (50) percent or more of the heat input to be considered a resource recovery facility.

"Respondent" means the person to whom a formal enforcement action is issued. 

"Responsible person" means each person who is in ownership, control, or custody of the property 

on which the open burning occurs, including any tenant thereof; or who is in ownership, control, or 

custody of the materials which are burned; or any person who causes or allows open burning to be 

initiated or maintained.

"Ringelmann Chart" means the Ringelmann Smoke Chart with instructions for use as published in 

May, 1967, by the United Stated Bureau of Mines.
24

"Risk of Harm" means the level of risk to public health or the environment created by the 

likelihood of exposure, either individual or cumulative, or the actual damage, either individual or 

cumulative, caused by a violation. 

"Roadways" mean surfaces on which vehicles travel. This term includes public and private 

highways, roads, streets, parking areas, and driveways.

"Rule" means any agency directive, regulation or statement of general applicability that 

implements, interprets or prescribes law or policy, or describes the procedure or practice 

requirement of any agency. The term includes the amendment or repeal of a prior rule, but does 

not include:

A. Internal management directives, regulations or statements between agencies, or their officers or 

their employees, or within an agency, between its officers or between employees, unless hearing is 

required by statute, or action by agencies directed to other agencies or other units of government.

B. Declaratory rulings issued pursuant to ORS 183.410 or 305.105.

"Secondary (or Final) Combustion Chamber" means the discrete equipment, chamber, or space, 

excluding the stack, in which the products of pyrolysis are combusted in the presence of excess air, 

such that essentially all carbon is burned to carbon dioxide.

"Secondary Emissions" means emissions from new or existing sources which occur as a result of 

the construction and/or operation of a source or modification, but do not come from the source 

itself. Secondary emissions must be specific, well defined, quantifiable, and impact the same 

general area as the source associated with the secondary emissions. Secondary emissions may 

include, but are not limited to:

A. Emissions from ships and trains coming to or from a facility;

B. Emissions from off-site support facilities which would be constructed or would otherwise 

increase emissions as a result of the construction of a source or modification.

"Sensitive Area" means locations which are actual or potential air quality non-attainment areas, as 

determined by LRAPA.

"Sharps" includes needles, IV tubing with needles attached, scalpel blades, lancets, glass tubes that 

could be broken during handling, and syringes that have been removed from their original sterile 

containers (see also "infectious waste").

"Shutdown," as used in Titles 30 and 36, means that time during which normal operation of an air 

contaminant source or emission control equipment is terminated.

"Significant Air Quality Impact" means an ambient air quality impact which is equal to or greater 
25

than:

Pollutant Averaging Time

Pollutant Annual 24-hour 8-hour 3-hour 1-hour

SO2 1.0 ug/m3 5 ug/m3 --- 25 ug/m3 ---

TSP or PM10 0.2 ug/m3 1.0 ug/m3 --- --- ---

NO2 1.0 ug/m3 --- --- --- ---

CO --- --- 0.5 mg/m3 --- 2 mg/m3

For sources of volatile organic compounds (VOC), a major source or major modification will be 

deemed to have a significant impact if it is located within thirty (30) kilometers of an ozone 

nonattainment area and is capable of impacting the nonattainment area.

"Significant Emission Rate" means emission rates equal to or greater than the following for air 

pollutants regulated under the Clean Air Act:

Pollutant Significant Emission Rate (tons/year)

Carbon Monoxide 100

Nitrogen Oxides 40

Particulate Matter 25

PM10 15

Sulfur Dioxide 40

Volatile Organic Compounds 40

Lead 0.6

Mercury 0.1

Beryllium 0.0004

Asbestos 0.007

Vinyl Chloride 1

Fluorides 3

Sulfuric Acid Mist 7
26

Total Reduced Sulfur (including hydrogen 

sulfide)

10

Reduced Sulfur Compounds (including 

hydrogen sulfide)

10

 

For pollutants not listed above, the Authority shall determine the rate that constitutes a significant 

emission rate.

Any emissions increase less than these rates associated with a new source or modification which 

would construct within ten (10) kilometers of a Class I area and would have an impact on such area 

equal to or greater than 1 ug/m3 (24-hour average) shall be deemed to be emitting at a significant 

emission rate.

"Significant Impairment" occurs when visibility impairment, in the judgement of the Authority, 

interferes with the management, protection, preservation, or the enjoyment of the visual 

experience of visitors within a Class I area. The determination will be made on a case-by-case 

basis, considering the recommendation of the Federal Land Manager, the geographic extent, 

intensity, duration, frequency, and time of visibility impairment. These factors will be considered 

with respect to visitor use of the Class I Area, and the frequency and occurrence of natural 

conditions that reduce visibility.

"Significant Upgrading of Pollution Control Equipment" means a modification or a rebuild of an 

existing pollution control device for which a capital expenditure of 50 percent or more of the 

replacement cost of the existing device is required, other than ongoing routine maintenance.

"Slash" means forest debris of woody vegetation to be burned under the Oregon Smoke 

Management Plan administered by the Oregon Department of Forestry pursuant to ORS. 

477.515. The burning of such slash is related to the management of forest land and does not 

include the burning of any other material created by land clearing.

"Small-scale asbestos abatement project" means any short-duration asbestos abatement project as 

defined in 41, below, and/or removal, renovation, encapsulation, repair, or maintenance 

procedures intended to prevent asbestos containing material from releasing fibers into the air and 

which:

A. Remove, encapsulate, repair or maintain less than 40 linear feet or 80 square feet of 

asbestos-containing material;

B. Do not subdivide an otherwise full-scale asbestos abatement project into smaller-sized units in 

order to avoid the requirements of these rules;

C. Utilize all practical worker isolation techniques and other control measures; and 
27

D. Do not result in worker exposure to an airborne concentration of asbestos in excess of 0.1 fibers 

per cubic centimeter of air calculated as an eight (8) hour time-weighted average.

"Small-scale, short-duration renovating and maintenance activity" means a task for which the 

removal of asbestos is not the primary objective of the job, including, but not limited to:

A. Removal of asbestos-containing insulation on pipes;

B. Removal of asbestos-containing insulation on beams or above ceilings;

C. Replacement of an asbestos-containing gasket on a valve;

D. Installation or removal of a small section of drywall; or

E. Installation of electrical conduits through or proximate to asbestos-containing materials.

Small-scale activities shall be limited to no more than forty (40) linear feet or eighty (80) square 

feet of asbestos-containing materials. An activity that would otherwise qualify as a full-scale 

abatement project shall not be subdivided into smaller units in order to avoid the requirements of 

these rules.

F. No such activity described above shall result in airborne asbestos concentrations above 0.1 

fibers per cubic centimeter of air (calculated on an 8-hour weighted average).

"Smelt dissolving tank vent (Kraft Mill)" means the vent serving the vessel used to dissolve the 

molten smelt produced by the recovery furnace.

"Smoke" means small gas-borne particles resulting from incomplete combustion, consisting 

predominantly of carbon, ash and other combustible materials present in sufficient quantity to be 

observable.

"Solid Waste" means refuse, more than 50% of which is waste consisting of a mixture of paper, 

wood, yard wastes, food wastes, plastics, leather, rubber, and other combustible materials, and 

noncombustible materials such as metal, glass, and rock.

"Solid Waste Incinerator" means an incinerator which is operated or utilized for the disposal or 

treatment of solid waste, including combustion for the recovery of heat.

"Source," means any building, structure, facility, installation or combination thereof which emits 

or is capable of emitting air contaminants to the atmosphere and is located on one or more 

contiguous or adjacent properties and is owned or operated by the same person or by persons under 

common control. 

"Source," as used in LRAPA Title 38, New Source Review, and the definitions of "BACT," 

"Commenced," "Construction," "Emission Limitation," "Emission Standard," "LAER," "Major 

Modification, " "Major Source," "Potential to Emit," and "Secondary Emissions" as these terms 

are used for purposes of LRAPA Title 38, includes all pollutant-emitting activities which belong to 

a single major industrial group (i.e., which have the same two-digit code), as described in the 
28

Standard Industrial Classification Manual, (U. S. Office of Management and Budget, 1987) or are 

supporting the major industrial group.

"Source Category" means a group of major sources determined by the Authority to be using 

similar raw materials and having equivalent process control and pollution control equipment.

"Source Test" means the average of at least three test runs during operating conditions 

representative of the period for which emissions are to be calculated, conducted in accordance with 

the Department's Source Sampling Manual or other Authority-approved methods.

"Special Problem Area" means the formally designated Eugene/Springfield AQMA and other 

specifically defined areas that the Board and the Environmental Quality Commission may 

formally designate in the future.

"Standard Conditions" means a gas temperature of sixty-eight (68) degrees Fahrenheit and a gas 

pressure of 29.92 inches of mercury.

"Standard Cubic Foot (SCF)" means that amount of gas which would occupy a cube having 

dimensions of one foot on each side, if the gas were free of water vapor at standard conditions.

"Standard Dry Cubic Meter" means the amount of gas that would occupy a volume of one cubic 

meter, if the gas were free of uncombined water, at a temperature of 20° C. (68° F.) and a pressure 

of 760 mm of Mercury (29.92 inches of Mercury). The corresponding English unit is standard 

dry cubic foot. When applied to recovery furnace gases, "standard dry cubic meter" requires 

adjustment of the gas volume to that which would result in a concentration of 8% oxygen if the 

oxygen concentration exceeds 8%. When applied to lime kiln gases, "standard dry cubic meter" 

requires adjustment of the gas volume to that which would result in a concentration of 10% oxygen 

if the oxygen concentration exceeds 10%. The mill shall demonstrate that oxygen concentrations 

are below noted values or furnish oxygen levels and corrected pollutant data.

"Startup/Shutdown" means the time during which an air contaminant source or emission control 

equipment is brought into normal operation and normal operation is terminated, respectively. 

"Shutdown," as used in Titles 30 and 36, means that time during which normal operation of an air 

contaminant source or emission control equipment is terminated.

"Startup," means that time during which an air contaminant source or emission control equipment 

is brought into normal operation.

"Startup," as used in Title 46, means commencement of operation of a new or modified source 

resulting in release of contaminants to the ambient air.

"Structural member" means any load-supporting member, such as beams and load-supporting 

walls, or any non-supporting member, such as ceilings and non-load-supporting walls.
29

"Substantial Underpayment" means the lesser of ten percent (10%) of the total interim emission 

fee for the major source or five hundred dollars ($500).

"Tempering Oven" means any facility used to bake hardboard following an oil treatment process.

"Threshold Level of Olfactory Detection" means the odor perception threshold for fifty percent 

(50%) of the odor panel as determined by the ASTM procedure DI 391-57 Standard Method of

Measurement of Odor in Atmospheres (Dilution method), or an equivalent method.

"Total Reduced Sulfur (TRS)" means the sum of the sulfur compounds hydrogen sulfide, methyl 

mercaptan, dimethyl sulfide, and dimethyl disulfide, and any other organic sulfides present, 

expressed as hydrogen sulfide (H2S).

"Transmissometer" means a device that measures opacity and conforms to EPA specification 

Number 1 in Title 40 CFR, Part 60, Appendix B.

"TSP" means particulate matter as measured by an reference method.

"Unavoidable" means events which are not caused entirely or in part by poor or inadequate design, 

operation, maintenance, or any other preventable condition in either process or control equipment.

"Uncombined Water" means water which is not chemically bound to a substance.

"Upset" or "Breakdown" mean any failure or malfunction of any pollution control equipment or 

process equipment which may cause excess emissions.

"Vehicle Trip" means a single movement by a motor vehicle which originates or terminates at or 

uses an Indirect Source.

"Veneer" means a single flat panel of wood not exceeding one-quarter (1/4) inch in thickness, 

formed by slicing or peeling from a log.

"Veneer Dryer" means equipment in which veneer is dried.

"Verified Emission Factor" means an emission factor approved by the Authority and developed for 

a specific major source or source category and approved for application to that major source by the 

Authority.

"Violation" means a transgression of any statute, rule, order, license, permit, or any part thereof, 

and includes both acts and omissions. Violations shall be classed according to risk of harm as 

follows:

A. "Class One or I" means any violation which poses a major risk of harm to public health or the 
30

environment, or violation of any compliance schedule contained in an agency permit or board 

order;

B. "Class Two or II" means any violation which poses a moderate risk of harm to public health or 

the environment;

C. "Class Three or III" means any violation which poses a minor risk of harm to public health or 

the environment.

"Visual Opacity Determination" consists of a minimum of twenty-four (24) opacity readings 

recorded every fifteen (15) seconds and taken by a trained observer.

"Visibility Impairment" means any humanly perceptible change in visual range, contrast, or 

coloration from that which would have existed under natural conditions. Natural conditions 

include fog, clouds, windblown dust, rain, sand, naturally ignited wildfires, and natural aerosols.

"Volatile Organic Compound" or "VOC" means any compound of carbon, excluding carbon 

monoxide, carbon dioxide, carbonic acid, metallic carbides, or carbonates, and ammonium 

carbonate, which participates in atmospheric photochemical reactions.

A. This includes any such organic compound other than the following, which have been 

determined to have negligible photochemical reactivity: methane; ethane; methylene chloride 

(dichloromethane); 1,1,1-trichloroethane (methyl chloroform); 

1,1,1-trichloro-2,2,2-trifluoroethane (CFC-113); trichlorofluoromethane (CFC-11; 

dichlorodifluoromethane (CFC-12); chlorodifluoromethane (CFC-22); trifluoromethane (FC-23); 

1,2-dichloro-1,1,2,2-tetrafluoroethane (CFC-114; chloropentafluoroethane (CFC-115); 

1,1,1-trifluoro-2,2-dichloroethane (HCFC-123); 1.1.1.2-tetrafluoroethane (HFC-134a); 

1,1-dichloro-1-fluoroethane (HCFC-141b); 1-chloro-1,1-difluoroethane (HCFC-142b); 

2-chloro-1,1,1,2-tetrafluoroethane (HCFC-124); pentafluoroethane 2 (HFC-125); 

1,1,2,2-tetrafluoroethane (HFC-134); 1,1,1-trifluoroethane (HFC-143a); 1,1-difluoroethane 

(HFC-152a); and perfluorocarbon compounds which fall into these classes:

(1) Cyclic, branched, or linear, completely fluorinated alkanes;

(2) Cyclic, branched, or linear, completely fluorinated ethers with no unsaturations;

(3) Cyclic, branched, or linear, completely fluorinated tertiary amines with no unsaturations; and

(4) Sulfur-containing perfluorocarbons with no unsaturations and with sulfur bonds only to carbon 

and fluorine.

B. For purposes of determining compliance with emissions limits, VOC will be measured by an 

applicable reference method in accordance with the Department's Source Sampling Manual, 

January, 1992. Where such a method also measures compounds with negligible photochemical 
31

reactivity, these negligibly reactive compounds, as listed in subsection A, may be excluded as 

VOC if the amount of such compounds is accurately quantified, and such exclusion is approved by 

the Department.

C. As a precondition to excluding these compounds, as listed in subsection A, as VOC or at any 

time thereafter, the Authority may require an owner or operator to provide monitoring or testing 

methods and results demonstrating, to the satisfaction of the Authority, the amount of negligibly 

reactive compounds in the source's emissions.

"Volatile Organic Compound (VOC)," as used in Title 35, means any organic compound which 

would be emitted during use, application, curing or drying of a surface coating, solvent, or other 

material. Excluded from this definition are those compounds which EPA classifies as having 

negligible photochemical reactivity, which include: methane, ethane, methylene chloride, 

1,1,1--trichloroethane (methyl chloroform), trichlorofluoromethane (CFC-11), 

dichloro-fluoromethane (CFC-12), chlorodifluoromethane (CFC-22), trifluoromethane (FC-23), 

trichlorotetrafluoroethane (CFC-114), and chloropentafluoroethane (CFC 115).

"Waste generator" means any person performing an asbestos abatement project or any owner or 

operator of a source covered by this section whose act or process generates asbestos-containing 

waste material.

"Waste shipment record" means the shipment document, required to be originated and signed by 

the waste generator; used to track and substantiate the disposition of asbestos-containing waste 

material.

"Wigwam Waste Burner" means a burner which consists of a single combustion chamber, which 

has the general features of a truncated cone and is used for incineration of refuse.

"Woody Yard Trimmings" means woody limbs, branches and twigs, with any attached leaves, 

which have been cut from or fallen from trees or shrubs from the property around a dwelling unit.

"Yard Debris" means wood, needle, or leaf materials from trees, shrubs, or plants from the 

property around a dwelling unit.

State effective: 3/8/1994; EPA effective: 10/2/2001; 66 FR 40616

TITLE 16 HOME WOOD HEATING CURTAILMENT PROGRAM ENFORCEMENT

16-001 Purpose

Lane County, Eugene and Springfield have enacted ordinances prohibiting the use of solid-fuel 

space heating devices under certain circumstances. Lane County enacted Ordinance Number 

9-90 [Lane Code ("LC") 9.120 - 9.160], Eugene enacted Ordinance Number 19731 [Eugene 
32

Code ("EC") 6.250 - 6.270], and Springfield enacted Ordinance Number 5546 [Springfield Code 

("SC") 4-8-4]. Each municipality also either delegated enforcement of the ordinances to 

LRAPA [L.C. § 9.145; Springfield Code § 4-8-4(4)], or authorized the City Manager to delegate 

enforcement to LRAPA (Eugene Code § 6.265). By Administrative Order No. 44-92-10, the 

Eugene City Manager has delegated authority to LRAPA to administer the ordinance. Thus, 

each jurisdiction has authorized LRAPA to enforce the solid- fuel space heating device 

ordinances. In addition, each jurisdiction has authorized LRAPA to use its own regulations and 

procedures to enforce the ordinances, and to impose penalties of $50--$500 for violations of the 

ordinances. 

These regulations establish the procedures and penalties LRAPA will use to enforce those 

municipal codes. Except as expressly noted in this Title, these provisions shall provide the sole 

regulations for LRAPA's enforcement of the solid-fuel space heating provisions of the municipal 

codes.

State effective: 7/2013/1993; EPA effective: 10/24/1994; 59 FR 43483

16-010 Definitions

Words and phrases used in this Title are defined as follows, unless the context requires 

otherwise: 

1. "Director." The Director of the LRAPA and authorized deputies or officers.

2. "LRAPA." The Lane Regional Air Pollution Authority, a regional air quality control 

authority. 

3. "Person." Any individual, partnership, corporation, association, governmental subdivision 

or public or private organization of any character. 

4. "Person in Charge of Property." An agent, occupant, lessee, tenant, contract purchaser, or 

other person having possession or control of property.

State effective: 7/2013/1993; EPA effective: 10/24/1994; 59 FR 43483

16-100 Civil Penalty Schedule

In addition to any other penalty provided by law, LRAPA may assess, for violation of LC 

Section 9.135, EC Section 6.255, or SC Section 4-8-4(2), the following amounts:

1. Class 1 violation - $ 50

2. Class 2 violation - $100

3. Class 3 violation - $200

4. Class 4 violation - $400

State effective: 7/2013/1993; EPA effective: 10/24/1994; 59 FR 43483
33

16-110 Classification of Violations

1. Class 1 Violation. A violation by a person at a time when the person had no civil penalties 

under this Title 16 on his/her record during the previous 36 months. 

2. Class 2 Violation. A violation by a person at a time when the person had only one civil 

penalty under this Title 16 on his/her record during the previous 36 months. 

3. Class 3 Violation. A violation by a person at a time when the person had two civil penalties 

under this Title 16 on his/her record within the previous 36 months.

4. Class 4 Violation. A violation by a person at a time when the person had three or more civil 

penalties under this Title 16 on his/her record within the previous 36 months. 

5. Penalties on Record. For purposes of this , a person has a civil penalty on his or her record if 

the person has paid a civil penalty under this Title 16; LRAPA has entered a default order against 

the person for a violation of this Title 16; or a hearings official has entered an order against the 

person for violation of this Title 16 after a hearing. 

6. Each day of violation is a separate offense, subject to penalty. 

State effective: 7/2013/1993; EPA effective: 10/24/1994; 59 FR 43483

16-120 Notice of Violation

1. A notice of violation may be issued, without any prior notice, whenever the Director has cause 

to believe that a violation of LC 9.135, EC 6.255, or SC 4-8-4(2) has occurred. The 

notice shall be served by certified mail or personal delivery at the address where the violation is 

alleged to have occurred. 

2. If the notice contains an assessment of a civil penalty imposed pursuant to 16-100 of this 

Title, the notice shall also advise the person to whom the notice is directed that he or she may:

A. Waive any hearing on the matter and pay the civil penalty; or 

B. Waive any hearing on the matter, pay the civil penalty, and submit a written statement to be 

considered in mitigation of the violation; or 

C. Request a hearing on the matter, pursuant to 16-130 of this Title, to be conducted in the 

manner set forth in 16-140 of this Title.

The notice shall contain a statement that failure to comply with one of the options set forth above 

within 21 days of the date the notice of violation was mailed or served will result in the entry of 

an order of default and judgment based on the notice of violation.

3. No hearing or appeal rights shall be afforded if the notice of violation does not include the 

imposition of a penalty.
34

State effective: 7/2013/1993; EPA effective: 10/24/1994; 59 FR 43483

16-130 Appeal of Civil Penalty

1. A person who has been served with a written notice of violation which includes the imposition 

of a civil penalty shall have 21 days from the date of mailing or personal delivery of the notice in 

which to file a written answer or an application for hearing.

2. In the answer, the person shall admit or deny all factual matters and shall affirmatively allege 

any and all affirmative claims or defenses the person may have and the reasoning in support 

thereof. Except for good cause shown: 

A. Factual matters not controverted shall be presumed admitted;

B. Failure to raise a claim or defense shall be presumed to be a waiver of such claim or defense; 

C. New matters alleged in the answer shall be presumed to be denied unless admitted in a 

subsequent pleading or stipulation by LRAPA; and

D. Evidence shall not be taken on any issue not raised in the notice and the answer unless such 

issue is specifically determined by the hearings official to be within the scope of the proceeding. 

3. In the absence of a timely answer, the Director, on behalf of LRAPA, may issue a default 

order and judgment, based upon a prima facie case made on the record, for the relief sought in 

the notice. 

4. Informal disposition may be made of any contested case by stipulation, agreed settlement, 

consent order, or default. Informal settlement may be made by written agreement of the parties 

consenting to a fine or other form of intermediate sanction. 

5. Upon a showing of good cause and general relevance, any party to a contested case shall be 

issued subpoenas to compel the attendance of witnesses and the production of books, records and 

documents. 

A. Subpoenas may be issued by:

(1) A Hearings Officer; or

(2) LRAPA; or

(3) An attorney of record for the party requesting the subpoena.

B. Each subpoena authorized by this shall be served personally upon the witness by the party or 

any person over 18 years of age.

C. Witnesses who are subpoenaed, other than parties or officers or employees of LRAPA, shall 

receive the same fees and mileage as in civil actions in the circuit court. 
35

D. The party requesting the subpoena shall be responsible for serving the subpoena and tendering 

the fees and mileage to the witness.

E. A person present in a hearing room before a Hearings Officer during the conduct of a 

contested case hearing may be required, by order of the Hearings Officer, to testify in the same 

manner as if he or she were in attendance before the Hearings Officer upon a subpoena. 

F. Upon a showing of good cause a Hearings Officer may modify or withdraw a subpoena.

G. Nothing in this shall preclude informal arrangements for the production of witnesses or 

documents, or both.

State effective: 7/2013/1993; EPA effective: 10/24/1994; 59 FR 43483

16-140 Conducting Contested Case Evidentiary Hearings

1. The contested case evidentiary hearing shall be conducted by and under the control of a 

Hearings Officer.

2. If the Hearings Officer has a potential conflict of interest as defined in ORS 244.020(4), that 

officer shall comply with the requirements of ORS Chapter 244 (e.g., ORS 244.120 and 

244.130). 

3. The hearing shall be conducted, subject to the discretion of the Hearings Officer, so as to 

include the following: 

A. The staff report and evidence of the proponent in support of its action; 

B. The statement and evidence of opponents; 

C. Comments and questions;

D. Any rebuttal evidence by proponents and opponents;

E. Any closing arguments by parties.

4. The Hearings Officer shall have the right to question witnesses. 

5. The hearing may be continued with recesses as determined by the Hearings Officer. 

6. The Hearings Officer may set reasonable time limits for oral presentation and may exclude or 

limit cumulative, repetitious or immaterial matter. 

7. Exhibits shall be marked and maintained by LRAPA as part of the record of the proceeding.

State effective: 7/2013/1993; EPA effective: 10/24/1994; 59 FR 43483
36

16-150 Evidentiary Rules

1. Evidence of a type commonly relied upon by reasonably prudent persons in the conduct of 

their serious affairs shall be admissible.

2. Irrelevant, immaterial or unduly repetitious evidence shall be excluded. 

3. All offered evidence not objected to will be received by the Hearings Officer subject to the 

officer's power to exclude irrelevant, immaterial or unduly repetitious matter.

4. Evidence objected to may be received by the Hearings Officer. Rulings on its admissibility 

or exclusion, if not made at the hearing, shall be made on the record at or before the time a final 

order is issued.

State effective: 7/2013/1993; EPA effective: 10/24/1994; 59 FR 43483

16-160 Final Orders

1. A final order shall be issued by the Hearings Officer, who may direct any party to prepare the 

final order.

2. Final orders on contested cases shall be in writing and shall include the following:

A. Rulings on admissibility of offered evidence when the rulings are not set forth in the record. 

B. Findings of fact--those matters that are either agreed as fact or that, when disputed, are 

determined by the Hearings Officer on substantial evidence to be facts over contentions to the 

contrary. A finding must be made on each fact necessary to reach the conclusions of law on 

which the order is based.

C. Conclusion(s) of law--applications of the controlling law to the facts found and the legal 

results arising therefrom. 

D. Order--the action taken by LRAPA as a result of the facts found and the legal conclusions 

arising therefrom.

State effective: 7/2013/1993; EPA effective: 10/24/1994; 59 FR 43483

16-170 Default Orders

1. When LRAPA has given a party an opportunity to request a hearing and the party fails to 

make a request within the specified time, or when LRAPA has set a specified time and place for 

a hearing and the party fails to appear at the specified time and place, the Director may enter a 

final order by default.

2. LRAPA may issue an order of default only after a prima facie case on the record has been 
37

made. The record may be made by either the two ways:

A. By the hearings officer at the time specified for the hearing; or

B. By the Director at a separate meeting convened by the Director.

3. The record shall be complete at the time of the notice at the time the default order is issued. 

4. The record may consist of oral (transcribed, recorded or reported) or written evidence or a 

combination of oral and written evidence. When the record is made at the time the notice or 

order is issued, the LRAPA file may be designated as the record. In all cases, the record must 

contain substantial evidence to support the findings of fact. 

5. When the Hearings Officer has set a specified time and place for a hearing in a matter in 

which only one party is before the Hearings Officer, and that party subsequently notifies LRAPA 

that the party will not appear at such specified time and place, the Hearings Officer may enter a 

default order, cancel the hearing and follow the procedure described in subs 2 and 4 of this . 

6. Any default order shall be the final order of LRAPA.

State effective: 7/2013/1993; EPA effective: 10/24/1994; 59 FR 43483

TITLE 29 - DESIGNATION OF AIR QUALITY AREAS

29-0010 Definitions

The definitions in Title 12 and this rule apply to this division. If the same term is defined in this 

rule and Title 12, the definition in this rule applies to this division. Definitions of boundaries in this 

rule also apply to LRAPA Rules and Regulations. 

(1) "AQCR" means Air Quality Control Region. 

(2) "AQMA" means Air Quality Maintenance Area. 

(3) "CO" means Carbon Monoxide. 

(4) "CBD" means Central Business District. 

(5) "Criteria Pollutant" means any of the six pollutants set out by the Clean Air Act (sulfur oxides, 

particulate matter, ozone, carbon monoxide, nitrogen dioxide, and lead) for which the EPA has 

promulgated standards in 40 CFR 50.4 through 50.12 (July, 1993). 
38

(6) "Eugene-Springfield UGB" means the area within the bounds beginning at the Willamette 

River at a point due east from the inter of East Beacon Road and River Loop No.1; thence 

southerly along the Willamette River to the inter with Belt Line Road; thence easterly along Belt 

Line Road approximately one-half mile to the inter with Delta Highway; thence northwesterly and 

then northerly along Delta Highway and on a line north from the Delta Highway to the inter with 

the McKenzie River; thence generally southerly and easterly along the McKenzie River 

approximately eleven miles to the inter with Marcola Road; thence southwesterly along Marcola 

Road to the inter with 42nd Street; thence southerly along 42nd Street to the inter with the northern 

branch of US Highway 126; thence easterly along US Highway 126 to the inter with 52nd Street; 

thence north along 52nd Street to the inter with High Banks Road; thence easterly along High 

Banks Road to the inter with 58th Street; thence south along 58th Street to the inter with Thurston 

Road; thence easterly along Thurston Road to the inter with the western boundary of 36, T17S, 

R2W; thence south to the southwest corner of 36, T17S, R2W; thence west to the Springfield 

City Limits; thence following the Springfield City Limits southwesterly to the inter with the 

western boundary of 2, T18S, R2W; thence on a line southwest to the Private Logging Road 

approximately one-half mile away; thence southeasterly along the Private Logging Road to the 

inter with Wallace Creek; thence southwesterly along Wallace Creek to the confluence with the 

Middle Fork of the Willamette River; thence generally northwesterly along the Middle Fork of the 

Willamette River approximately seven and one-half miles to the inter with the northern boundary 

of 11, T18S, R3W; thence west to the northwest corner of 10, T18S, R3W; thence south to the 

inter with 30th Avenue; thence westerly along 30th Avenue to the inter with the Eugene City 

Limits; thence following the Eugene City Limits first southerly then westerly then northerly and 

finally westerly to the inter with the northern boundary of 5, T18S, R4W; thence west to the inter 

with Greenhill Road; thence north along Greenhill Road to the inter with Barger Drive; thence east 

along Barger Drive to the inter with the Eugene City Limits (Ohio Street); thence following the 

Eugene City Limits first north then east then north then east then south then east to the inter with 

Jansen Drive; thence east along Jansen Drive to the inter with Belt Line Road; thence northeasterly 

along Belt Line Road to the inter with Highway 99; thence northwesterly along Highway 99 to the 

inter with Clear Lake Road; thence west along Clear Lake Road to the inter with the western 

boundary of 9, T17S, R4W; thence north to the inter with Airport Road; thence east along Airport 

Road to the inter with Highway 99; thence northwesterly along Highway 99 to the inter East Enid 

Road; thence east along East Enid Road to the inter with Prairie Road; thence southerly along 

Prairie Road to the inter with Irvington Road; thence east along Irvington Road to the inter with the 

Southern Pacific Railroad Line; thence southeasterly along the Southern Pacific Railroad Line to 

the inter with Irving Road; thence east along Irving Road to the inter with Kalmia Road; thence 

northerly along Kalmia Road to the inter with Hyacinth Road; thence northerly along Hyancinth 

Road to the inter with Irvington Road; thence east along Irvington Road to the inter with Spring 

Creek; thence northerly along Spring Creek to the inter with River Road; thence northerly along 

River Road to the inter with East Beacon Drive; thence following East Beacon Drive first east then 

south then east to the inter with River Loop No.1; thence on a line due east to the Willamette River 

and the point of beginning. 
39

(7) "Maintenance Area" means any area that was formerly nonattainment for a criteria pollutant 

but has since met EPA promulgated standards and has had a maintenance plan to stay within the 

standards approved by the EPA pursuant to 40 CFR 51.110 (July, 1993). 

(8) "Nonattainment Area" means any area that has been designated as not meeting the standards 

established by the U.S. Environmental Protection Agency (EPA) pursuant to 40 CFR 51.52 (July, 

1993) for any criteria pollutant. 

(9) "O3" means Ozone. 

(10) "Oakridge UGB" means the area enclosed by the following: Beginning at the northwest 

corner of 17, T21S, R3E and the city limits; thence south along the western boundary of 17, 

T21S, R3E along the city limits approximately 800 feet; thence southwesterly following the city 

limits approximately 750 feet; thence west along the city limits approximately 450 feet; thence 

northwesterly along the city limits approximately 450 feet; thence on a line south along the city 

limits approximately 250 feet; thence on a line east along the city limits approximately 100 feet; 

thence southwesterly along the city limits approximately 200 feet; thence on a line east along the 

city limits approximately 400 feet; thence on a line south along the city limits to the channel of the 

Willamette River Middle Fork; thence south-easterly up the Willamette River Middle Fork along 

the city limits approximately 7200 feet; thence exiting the Willamette River Middle Fork with the 

city limits in a northerly manner and forming a rough semicircle with a diameter of approximately 

one-half mile before rejoining the Willamette River Middle Fork; thence diverging from the city 

limits upon rejoining the Willamette River Middle Fork and moving southeasterly approximately 

5600 feet up the Willamette River Middle Fork to a point on the river even with the point where 

Salmon Creek Road intersects with U.S. Highway 58; thence on a line east from the channel of the 

Willamette River Middle Fork across the inter of Salmon Creek Road and U.S. Highway 58 to the

inter with the Southern Pacific Railroad Line; thence northerly along the Southern Pacific Railroad 

Line to the inter with the northern boundary of 22, T21S, R3E; thence west along the northern 

boundary of 22, T21S, R3E to the inter with Salmon Creek Road; thence on a line north to the 

inter with the Southern Pacific Railroad Line; thence east along the Southern Pacific Railroad Line 

approximately 600 feet; thence on a line north to the inter with High Prairie Road; thence on a line 

west approximately 400 feet; thence on a line north to the inter with the northern boundary of 15, 

T21S, R3E; thence west along the northern boundary of 15, T21S, R3E to the inter with the 

southeastern corner of 9, T21S, R3E; thence north along the eastern boundary of 9, T21S, R3E 

approximately 1300 feet; thence on a line west approximately 1100 feet; thence on a line south to 

the inter with West Oak Road; thence northwesterly along West Oak Road approximately 2000 

feet; thence on a line south to the inter with the northern boundary line of the city limits; thence 

westerly and northwesterly approximately 8000 feet along the city limits to the point of beginning. 

(11) "Particulate Matter" means all finely divided solid or liquid material, other than uncombined 

water, emitted to the ambient air as measured by an applicable reference method with the 

Department's Source Sampling Manual, (January, 1992). 

(12) PM10: 
40

(a) When used in the context of emissions, means finely divided solid or liquid material, including 

condensible water, other than combined water, with an aerodynamic diameter less than or equal to 

a nominal 10 microns, emitted to the ambient air as measured by as applicable reference method in 

accordance with the Department's Source Sampling Manual (January, 1992);

(b) When used in the context of ambient concentration, means airborne finely divided solid or 

liquid material with an aerodynamic diameter less than or equal to a nominal 10 microns as 

measured in accordance with 40 CFR Part 50, Appendix J (July, 1993). 

(13) "UGA" means Urban Growth Area. (synonymous with “UGB”)

(14) "UGB" means Urban Growth Boundary. 

State effective: 9/26/2011; EPA Effective: 6/10/2013; 78 FR 21547

29-0030 Designation of Nonattainment Areas

The following areas are designated as Nonattainment Areas: 

(1) PM10 Nonattainment Areas: 

(a) The Oakridge Nonattainment Area for PM10 is the Oakridge UGB as defined in 29-0010. 

State effective: 9/26/2011; EPA Effective: 6/10/2013; 78 FR 21547

29-0040 Designation of Maintenance Areas

The following areas are designated as Maintenance Areas: 

(1) Carbon Monoxide Maintenance Areas: 

(a) The Eugene Maintenance Area for Carbon Monoxide is the Eugene-Springfield UGB as 

defined in 29-0010. 

(2) PM10 Maintenance Areas:

(a) The Eugene-Springfield Maintenance Area for PM10 is the Eugene-Springfield UGB as 

defined in 29-0010.

State effective: 9/26/2011; EPA Effective: 6/10/2013; 78 FR 21547

TITLE 30 - INCINERATOR REGULATIONS

30-005 Purpose and Applicability
41

The purpose of these rules is to establish state-of-the-art emission standards, design 

requirements, and performance standards for all solid, infectious waste and crematory 

incinerators, in order to minimize air contaminant emissions and provide adequate protection of 

public health. The rules apply to all existing solid and infectious waste and crematory 

incinerators and to all that will be built, modified, or installed within Lane County, Oregon. 

These rules shall not apply to municipal waste combustors.

State effective: 3/8/1994; EPA effective: 10/2/2001; 66 FR 40616

30-010 Definitions

Words and terms used in this title are defined as follows, unless the context requires otherwise:

"Acid Gases" means any exhaust gas which includes hydrogen chloride and sulfur dioxide.

"Best Available Control Technology (BACT)" means an emission limitation (including a visible 

emission standard) based on the maximum degree of reduction of each air contaminant subject to 

regulation under the Clean Air Act which would be emitted from any proposed major source or 

major modification which, on a case-by-case basis, taking into account energy, environmental, 

and economic impacts and other costs, is achievable for such source or modification through 

application of production processes or available methods, systems, and techniques, including fuel 

cleaning or treatment or innovative fuel combustion techniques for control of such air 

contaminant. In no event shall the application of BACT result in emissions of any air 

contaminant which would exceed the emissions allowed by any applicable new source 

performance standard or any standard for hazardous air pollutants. If an emission limitation is 

not feasible, a design, equipment, work practice, or operational standard, or combination thereof, 

may be required. Such standard shall, to the degree possible, set forth the emission reduction 

achievable and shall provide for compliance by prescribing appropriate permit conditions.

"Biological Waste," includes blood and blood products, excretions, exudates, secretions, 

suctionings and other body fluids that cannot be directly discarded into a municipal sewer 

system, and waste materials saturated with blood or body fluids, but does not include diapers 

soiled with urine or feces (see also "infectious waste").

"Continuous Emissions Monitoring" means a monitoring system for continuously measuring the 

emissions of a pollutant from an affected incinerator. Continuous monitoring equipment and 

operation shall be certified in accordance with EPA performance specifications and quality 

assurance procedures outlined in 40 CFR 60, Appendices B and F, and the Department's CEM 

Manual.

"Crematory Incinerator" means an incinerator used solely for the cremation of non-pathological 

human and non-pathological animal remains. 

"Cultures and stocks" includes etiologic agents and associated biologicals, including specimen 

cultures and dishes and devices used to transfer, inoculate and mix cultures, wastes from 

production of biologicals, and serums and discarded live and attenuated vaccines. "Cultures" 
42

does not include throat and urine cultures (see also "infectious waste".

"Department" means the Oregon Department of Environmental Quality.

"Dioxins and Furans" means total tetra- through octachlorinated dibenzo-p-dioxins and 

dibenofurans.

"Director" means the Director of the Lane Regional Air Pollution Authority and authorized 

deputies or officers.

"Dry Standard Cubic Foot" means the amount of gas, free of uncombined water, that would 

occupy a volume of 1 cubic foot at standard conditions. When applied to combustion flue gases 

from waste or refuse burning, "Standard Cubic Foot (SCF)" means adjustment of gas volume to 

that which would result at a concentration of 7% oxygen (dry basis).

"Emission" means a release into the ambient air of air contaminants.

"Existing Source" means any air contaminant source in existence prior to the date of adoption of 

rules affecting that source.

"Fugitive Emissions," except as used in Title 35, means emissions of any air contaminant which 

escapes to the ambient air from any point or area that is not identifiable as a stack, vent, duct, or 

functionally equivalent opening. (Title 12 contains another definition of "fugitive emissions" 

for use with title 35.)

"Incineration Operation" means any operation in which combustion is carried on in an 

incinerator, for the principal purpose or with the principal result, of oxidizing wastes to reduce 

their bulk and/or facilitate disposal.

"Incinerator" means a combustion device specifically for destruction, by high temperature 

burning, of solid, semi-solid, liquid, or gaseous combustible wastes. This does not include 

devices such as open or screened barrels, drums, or process boilers.

"Infectious Waste" means waste which contains or may contain any disease-producing 

microorganism or material including, but not limited to, biological waste, cultures and stocks, 

pathological waste, and sharps (see individual definitions for these terms).

"Infectious Waste Incinerator" means an incinerator which is operated or utilized for the disposal 

or treatment of infectious waste, including combustion for the recovery of heat.

"Opacity" means the degree to which an emission reduces transmission of light or obscures the 

view of an object in the background.

"Particulate Matter" means any solid or liquid material, except uncombined water, which exists 
43

as a liquid or solid at standard conditions.

"Parts Per Million (ppm)" means parts of a contaminant per million parts of gas by volume on a 

dry-gas basis (1 ppm equals 0.0001% by volume).

"Pathological waste" includes biopsy materials and all human tissues; anatomical parts that 

emanate from surgery, obstetrical procedures, autopsy and laboratory procedures; and animal 

carcasses exposed to pathogens in research and the bedding and other waste from such animals. 

"Pathological wastes" does not include teeth, or formaldehyde or other preservative agents (see 

also "infectious waste").

"Permit" or "Air Contaminant Discharge Permit" means a written permit issued by the Authority, 

pursuant to LRAPA and DEQ rules and regulations.

"Person" means any individual, public or private corporation, political subdivision, agency, 

board, department, or bureau of the state, municipality, partnership, association, firm, trust, 

estate, or any other legal entity whatsoever which is recognized by law as the subject of rights 

and duties.

"Person in Charge of Property" means an agent, occupant, lessee, tenant, contract purchaser, or 

other person having possession or control of property. 

"Primary Combustion Chamber" means the discrete equipment, chamber or space in which 

drying of the waste, pyrolysis, and essentially the burning of the fixed carbon in the waste 

occurs.

"Refuse" means unwanted matter.

"Refuse Burning Equipment" means a device designed to reduce the volume of refuse by 

combustion.

"Secondary (or Final) Combustion Chamber" means the discrete equipment, chamber, or space, 

excluding the stack, in which the products of pyrolysis are combusted in the presence of excess 

air, such that essentially all carbon is burned to carbon dioxide.

"Sharps" includes needles, IV tubing with needles attached, scalpel blades, lancets, glass tubes 

that could be broken during handling, and syringes that have been removed from their original 

sterile containers (see also "infectious waste").

"Solid Waste" means refuse, more than 50% of which is waste consisting of a mixture of paper, 

wood, yard wastes, food wastes, plastics, leather, rubber, and other combustible materials, and 

noncombustible materials such as metal, glass, and rock.

"Solid Waste Incinerator" means an incinerator which is operated or utilized for the disposal or 
44

treatment of solid waste, including combustion for the recovery of heat.

"Source" means any building, structure, facility, installation or combination thereof which emits 

or is capable of emitting air contaminants to the atmosphere and is located on one or more 

contiguous or adjacent properties and is owned or operated by the same person or by persons 

under common control. This includes all of the pollutant emitting activities which belong to the 

same industrial grouping or major group (i.e. which have the same two-digit code) as described 

in EPA's Standard Industrial Classification (SIC) manual (U.S. Office of Management and 

Budget 1987). (Title 12 contains another definition of "source" for use with other rules.)

"Standard Conditions" means a gas temperature of sixty-eight (68) degrees Fahrenheit and a gas 

pressure of 29.92 inches of mercury.

"Startup/Shutdown" means the time during which an air contaminant source or emission control 

equipment is brought into normal operation and normal operation is terminated, respectively. 

"Startup," means that time during which an air contaminant source or emission control 

equipment is brought into normal operation. (Title 12 contains another definition of "startup" 

for use with other rules.)

"Transmissometer" means a device that measures opacity and conforms to EPA specification 

Number 1 in Title 40 CFR, Part 60, Appendix B.

State effective: 3/8/1994; EPA effective: 10/2/2001; 66 FR 40616

30-015 Best Available Control Technology for Solid and Infectious Waste Incinerators

1. Notwithstanding the specific emission limits set forth in 30-020, in order to maintain overall 

air quality at the highest possible levels, each solid and infectious waste incinerator is required to 

use best available control technology (BACT). In no event shall the application of BACT result 

in emissions of any air contaminant which would exceed the emission limits set forth in these 

rules.

2. All installed equipment shall be operated and maintained in such a manner that emissions of 

air contaminants are kept at the lowest possible level.

State effective: 3/8/1994; EPA effective: 10/2/2001; 66 FR 40616

30-020 Emission Limitations for Solid and Infectious Waste Incinerators

No person shall cause, suffer, allow, or permit the operation of any solid or infectious waste 

incinerator in a manner which violates the following emission limits and requirements:

1. Particulate Matter Emissions (PM)

A. For new solid and infectious waste incinerators, emissions from each stack shall not exceed 

0.015 grains per dry standard cubic foot of exhaust gases.
45

B. For existing solid and infectious waste incinerators, emissions from each stack shall not 

exceed 0.030 grains per day standard cubic foot of exhaust gases.

2. Hydrogen Chloride (HCl)

A. For existing and new solid and infectious waste incinerators, emissions of hydrogen chloride 

from each stack shall not exceed 50 ppm as an average during any sixty (60)-minute period, 

corrected to 7% 02 (dry basis); or 

B. Shall be reduced by at least ninety (90)% by weight from their potential HCI emissions rate 

on an hourly basis.

3. Sulfur Dioxide (SO2)

A. For existing and new solid and infectious waste incinerators, emissions of sulfur dioxide from 

each stack shall not exceed 50 ppm as a running three (3)-hour average, corrected to 7% 02, (dry 

basis); or 

B. Shall be reduced by at least 70% by weight from their potential SO2 emission rate on a three 

(3)-hour basis.

4. Carbon Monoxide (CO). For existing and new solid and infectious waste incinerators, 

emissions of carbon monoxide from each stack shall not exceed 100 ppm as a running eight 

(8)-hour average, corrected to 7% 02 (dry basis).

5. Nitrogen Oxide (NOx). For new solid and infectious waste incinerators with the potential to 

process 250 tons/day or more of wastes, emissions of nitrogen oxide from each stack shall not 

exceed 200 ppm as a running 24-hour average, corrected to 7% 02 (dry basis).

6. Opacity. Opacity, as measured visually by an applicable EPA Method or by a 

transmissometer, shall not exceed 10% for a period aggregating more than three (3) minutes in 

any running sixty (60)-minute period.

7. Fugitive Emissions. All solid and infectious waste incinerators shall be operated in a manner 

which prevents or minimizes fugitive emissions, including but not limited to the paving of all 

normally traveled roadways within the plant boundary and enclosing of all material transfer 

points.

8. Dioxin/furans. For solid and infectious waste incinerators with a waste charging rate of 250 

tons/day or greater, emissions from each stack shall not exceed 30 nanograms of dioxin/furans 

per dry standard cubic foot.

9. Other Wastes. No solid or infectous waste incinerator subject to these rules shall burn 
46

radioactive or hazardous waste, or any other waste not specifically authorized in the Authority's 

Air Contaminant Discharge Permit.

10. Other contaminants. For any incinerator subject to these rules, in the absence of an 

air-contaminant-specific emission limit or ambient air quality standard, the Authority may 

establish, by permit, emission limits for any other air contaminants to protect human health and 

the environment.

State effective: 3/8/1994; EPA effective: 10/2/2001; 66 FR 40616

30-025 Design and Operation for Solid and Infectious Waste Incinerators

1. Each solid or infectious waste incinerator shall have at least a primary and secondary 

combustion chamber.

2. Temperature and residence time. Each solid or infectious waste incinerator shall be designed 

and operated to maintain temperatures of at least 1400° F in the primary chamber. Combustion 

gases in the secondary chamber shall be maintained at a minimum temperature of 1800° F for at 

least one (1) second residence time. 

3. Auxiliary Burners. Each solid or infectious waste incinerator shall be designed and operated 

with automatically controlled auxiliary burners capable of maintaining the combustion chamber 

temperatures specified in 2 of this rule, and shall have sufficient auxiliary fuel capacity to 

maintain said temperatures.

4. Interlocks. Each solid or infectious waste incinerator shall be designed and operated with an 

interlock system which:

A. Prevents charging until the final combustion chamber reaches 1800° F;

B. For batch-fed solid or infectious waste incinerators, prevents recharging until each 

combustion cycle is complete;

C. Ceases charging if the secondary chamber temperature falls below 1800° F for any continuous 

fifteen (15)-minute period; and

D. Ceases charging if carbon monoxide levels exceed 150 ppm (dry basis), corrected to 7% 02

over a continuous fifteen (15)-minute period. 

5. Air Locks. Each mechanically fed solid or infectious waste incinerator shall be designed and 

operated with an air lock control system to prevent opening the incinerator to the room 

environment. The volume of the loading system must be designed so as to prevent 

overcharging, to assure complete combustion of the waste.

6. Combustion Efficiency. Except during periods of startup and shutdown, each solid or 

infectious waste incinerator shall achieve a combustion efficiency of 99.9% based on a running 
47

eight (8)-hour average, computed as follows:

CO2

CE = ________ X 100

CO2 + CO

CO = Carbon monoxide in the exhaust gas, parts per million by volume (dry) at 

standard conditions

CO2 = Carbon dioxide in the exhaust gas, parts per million by volume (dry) at standard 

conditions

7. Stack Height. Each solid or infectious waste incinerator stack shall be designed in 

accordance with Good Engineering Practice (GEP) as defined in Title 40 CFR, Parts 51.100(ii) 

and 5118, in order to avoid the flow of stack pollutants into any building ventilation intake 

plenum.

8. Operator Training and Certification. Each solid or infectious waste incinerator shall be 

attended at all times during operation by one or more individuals who have received training 

necessary for proper operation. A description of the training program shall be submitted to the 

Authority for approval. A satisfactory training program shall consist of any of the following:

A. Certification by the American Society of Mechanical Engineers (ASME) for solid waste 

incinerator operation; or

B. For infectious waste incineration, successful completion of EPA's Medical Waste Incinerator 

Operating training course; or

C. Other certification or training by a qualified organization as to proper operating practices and 

procedures, which has been pre-approved by the Authority prior to enrollment. In addition, the 

owner or operator of a solid or infectious waste incinerator facility shall develop and submit a 

manual for proper operation and maintenance, to be reviewed with employees responsible for 

incinerator operation on an annual basis.

D. Copies of the written certificate of training of the operator shall be kept on site at all times, 

available for Authority review.

9. Odors. In cases where solid or infectious waste incinerator operation causes odors 

which interfere with the use and enjoyment of property, the Authority may require, by permit, 

additional practices and procedures to prevent or eliminate those odors.

State effective: 3/8/1994; EPA effective: 10/2/2001; 66 FR 40616

30-030 Continuous Emission Monitoring for Solid and Infectious Waste Incinerators

1. Each solid waste incinerator shall be equipped with continuous monitoring for the following:
48

A. Sulfur dioxide;

B. Carbon monoxide;

C. Opacity;

D. Primary combustion chamber temperature;

E. Final combustion chamber temperature;

F. Flue gas outlet temperature;

G. Oxygen; 

H. Nitrogen oxide--new incinerators with a potential waste feed rate of 250 tons/day or 

more; and

I. HCl--for incinerators with a potential waste feed rate of 250 tons per day or more.

2. Each infectious waste incinerator shall be equipped with continuous monitoring for the 

following:

A. Carbon monoxide;

B. Opacity; 

C. Primary combustion chamber temperature;

D. Final combustion chamber temperature; and

E. HCl.

3. The Authority may, at any time following the effective date of these rules, require the 

installation and operation of any other continuous emission monitors which the Authority 

determines are necessary in order to demonstrate compliance with emission limits set forth in 

these regulations.

4. The monitors specified above shall comply with EPA performance specifications in Title 40, 

CFR, Part 60, and the Department's CEM Manual. All monitoring equipment shall be located, 

operated and maintained so as to accurately monitor emission levels, in order to demonstrate 

compliance with LRAPA Title 30.

State effective: 3/8/1994; EPA effective: 10/2/2001; 66 FR 40616

30-035 Reporting and Testing for Solid and Infectious Waste Incinerators

1. Reporting

A. Compliance test results shall be reported to the Authority within thirty (30) days of 

completion of the test.

B. All records associated with continuous monitoring data including, but not limited to, original 

data sheets, charts, calculations, calibration data, production records and final reports shall be 

maintained for a continuous period of at least two (2) years and shall be furnished to the 

Authority upon request.

2. Source Testing
49

A. Each solid or infectious waste incinerator must be tested to demonstrate compliance with the 

standards in these rules.

B. Compliance testing shall be conducted at the maximum design rate using waste that is 

representative of normal operation. If requested by the owner/ operator, compliance testing 

may be performed at a lower rate; however, permit limits will be established based on the lower 

rate of operation.

C. Unless otherwise specified by the Authority, each solid or infectious waste incinerator shall be 

tested at start-up for particulate matter, hydrogen chloride, sulfur dioxide, and carbon monoxide 

emissions. Solid and infectious waste incinerators with potential waste feed rates of 250 

tons/day or more shall be tested for dioxin/furans and NOx at startup. 

3. Other air contaminant compliance testing. The Authority may, at any time after the effective 

date of this rule, conduct or require source testing and require access to information specific to 

the control, recovery, or release of other air contaminants.

State effective: 3/8/1994; EPA effective: 10/2/2001; 66 FR 40616

30-040 Compliance for Solid and Infectious Waste Incinerators

1. All existing solid and infectious waste incinerators must demonstrate compliance with the 

applicable provisions of these rules one year after the effective date of this regulation. Subject 

to approval of the Authority, existing data such as that collected in accordance with the 

requirements of an Air Contaminant Discharge Permit may be used to demonstrate compliance.

2. Until compliance is demonstrated, existing solid and infectious waste incinerators shall 

continue to be subject to all applicable permit conditions.

3. All new solid and infectious waste incinerators must demonstrate compliance with the 

applicable provisions of these rules as soon as possible, but not later than ninety (90) days after 

startup.

4. Compliance with these rules does not relieve the owner or operator of the solid or infectious 

waste incinerator from the responsibility to comply with requirements of the Department's Solid 

and Hazardous Waste rules (Oregon Administrative Rules, Chapter 340, Division 61) regarding 

the disposal of ash generated from solid and infectious waste incinerators.

State effective: 3/8/1994; EPA effective: 10/2/2001; 66 FR 40616

30-045 Emission Limitations of Crematory Incinerators

1. No person shall cause to be emitted particulate matter from any crematory incinerator in 

excess of 0.080 grains per dry standard cubic foot of exhaust gases.
50

2. Opacity. No visible emissions shall be present except for a period aggregating no more than 

three (3) minutes in any sixty (60)-minute period, as measured by an applicable EPA Method. 

At no time shall visible emissions exceed an opacity of 10%.

3. Odors. In cases where crematory incinerator operation cause odors which interfere with the 

use and enjoyment of property, the Authority may require by permit the use of good practices 

and procedures to prevent or eliminate those odors.

State effective: 3/8/1994; EPA effective: 10/2/2001; 66 FR 40616

30-050 Design and Operation of Crematory Incinerators

1. Temperature and residence time. The temperature in the final combustion chamber shall be 

1800° F for new incinerators, and 1600° F for existing crematory incinerators, with a residence 

time of at least 0.5 second. At no time while firing waste shall the temperature in the final 

chamber fall below 1400° F. 

2. Operator training and certification. Each crematory incinerator shall be operated at all times 

under the direction of individuals who have received training necessary for proper operation. A 

description of the training program shall be submitted to the Authority for approval. Copies of 

the training certificates of the operators shall be maintained on site at all times and available to 

the Authority for review.

3. As defined in Title 12 of these rules, crematory incinerators may only be used for incineration 

of human and animal bodies (together with associated coffins, caskets, combustible containers, 

wrappings or clothing). No other material, including infectious waste as defined by 30-010.10 

of these rules, may be incinerated unless specifically authorized in the Authority's Air 

Contaminant Discharge Permit. On a case-by-case basis, the Authority may allow the 

cremation of human anatomical parts or fetal remains, upon request.

State effective: 3/8/1994; EPA effective: 10/2/2001; 66 FR 40616

30-055 Monitoring and Reporting for Crematory Incinerators

1. All crematory incinerators shall operate and maintain continuous monitoring for final 

combustion chamber exit temperature. Additional monitoring and reporting may be required by 

permit.

2. All records associated with continuous monitoring data including, but not limited to, original 

data sheets, charts, calculations, calibration data, production records and final reports shall be 

maintained for a continuous period of at least one year and shall be furnished to the Authority 

upon request.

3. All crematory incinerators must conduct source testing to demonstrate compliance with these 

rules in accordance with a schedule specified by the Authority. The test results shall be 

submitted to the Authority no later than thirty (30) days after completion of the test.

State effective: 3/8/1994; EPA effective: 10/2/2001; 66 FR 40616
51

30-060 Compliance of Crematory Incinerators

1. All existing crematory incinerators must demonstrate compliance with the applicable 

provisions of these rules within one year after the effective date of the regulations. Subject to 

approval by the Authority, existing data such as that collected in accordance with the 

requirements of an Air Contaminant Discharge Permit or in response to regulatory requirements 

may be used to demonstrate compliance.

2. Until compliance is demonstrated, existing crematory incinerators shall continue to be subject 

to all applicable permit conditions.

3. New crematory incinerators must demonstrate compliance with the emission limits and 

operating requirements of these rules before commencing regular operation.

State effective: 3/8/1994; EPA effective: 10/2/2001; 66 FR 40616

TITLE 32 - EMISSION STANDARDS

32-001 Definitions

"Automobile" means any self-propelled motor vehicle used for transporting persons or 

commodities on public roads.

"Chlorofluorocarbons (CFC)" includes:

A. CFC-11 (trichlorofluoromethane);

B. CFC-12 (dichlorodifluoromethane);

C. CFC-113 (trichlorotrifluoroethane);

D. CFC-114 (dichlorotetrafluoroethane); and

E. CFC-115 ((mono)chloropentafluoroethane).

"Typically Achievable Control Technology" or "TACT" means the emission limit established on 

a case-by-case basis for a criteria pollutant from a particular emissions unit in accordance with 

32-008. For existing sources, the emissions limit established shall be typical of the emission 

level achieved by emissions units similar in type and size. For new and modified sources, the 

emission limit established shall be typical of the emission level achieved by well-controlled new 

or modified emissions units similar in type and size that were recently installed. TACT 

determinations shall be based on information known to the Authority considering pollution 
52

prevention, impacts on other environmental media, energy impacts, capital and operating costs, 

cost effectiveness, and the age and remaining economic life of existing emission control 

equipment. The Authority may consider emission control technologies typically applied to 

other types of emissions units where such technologies could be readily applied to the emissions 

unit. If an emission limitation is not feasible, a design, equipment, work practice, or operational 

standard, or combination thereof, may be required.

State effective: 11/10/1994; EPA effective 10/2/2001; 66 FR 40616

32-005 Highest and Best Practicable Treatment and Control Required

1. As specified in 34-006 through 34-009 and subs 2 through 6 of this , the highest and best 

practicable treatment and control of air contaminant emissions shall in every case be provided so 

as to maintain overall air quality at the highest possible levels, and to maintain contaminant 

concentrations, visibility reduction, odors, soiling and other deleterious factors at the lowest 

possible levels. In the case of new sources of air contamination, particularly those located in 

areas with existing high-level air quality, the degree of treatment and control provided shall be 

such that degradation of existing air quality is minimized to the greatest extent possible.

2. A source shall be deemed to be in compliance with sub 1 of this if the source is in 

compliance with all other applicable emission standards and requirements contained in LRAPA 

Titles 32 through 51 and OAR Divisions 28 and 32, including but not limited to requirements 

applicable to:

A. specific pollutants in Title 32;

B. specific existing and new source categories in Title 33;

C. hazardous air pollutants in OAR 340-32;

D. control requirements and operational and maintenance requirements in s 32-007 through 

32-009; and

E. review of new major sources and major modifications in Title 38.

3. The Authority may adopt additional rules as necessary to ensure that the highest and best 

practicable treatment and control is provided as specified in sub 1 of this . Such rules may 

include, but are not limited to, the following requirements:

A. Applicable to a source category, pollutant or geographic area of Lane County;

B. Necessary to protect public health and welfare for air contaminants that are not otherwise 

regulated by the Authority; or

C. Necessary to address the cumulative impact of sources on air quality.
53

4. The Authority encourages the owner or operator of a source to further reduce emissions from 

the source beyond applicable control requirements where feasible.

5. Nothing in s 32-005 through 32-009 revokes or modifies any existing permit term or condition 

unless or until the Authority revokes or modifies the term or condition by a permit revision. 

Adoption of 32-005 is not intended to withdraw authority for application of any existing policy 

for new sources of toxic and hazardous air pollutants to a federal operating permit program 

source until the effective date of the program.

6. Compliance with a specific emission standard in these rules does not preclude the required 

compliance with any other applicable emission standard. 

State effective: 11/10/1994; EPA effective: 10/2/2001; 66 FR 40616

32-006 Pollution Prevention

The owner or operator of a source is encouraged to take into account the overall impact of the 

control methods selected, considering risks to all environmental media and risks from all affected 

products and processes. The owner or operator of a source is encouraged, but not required, to 

utilize the following hierarchy in controlling air contaminant emissions:

1. Modify the process, raw materials or product to reduce the toxicity and/or quantity of air 

contaminants generated;

2. Capture and reuse air contaminants;

3. Treat to reduce the toxicity and/or quantity of air contaminants released; or

4. Otherwise control emissions of air contaminants.

State effective: 11/10/1994; EPA effective: 10/2/2001; 66 FR 40616

32-007 Operating and Maintenance Requirements

1. Operational, Maintenance and Work Practice Requirements

A. Where the Authority has determined that specific operational, maintenance, or work practice 

requirements are appropriate to ensure that the owner or operator of a source is operating and 

maintaining air pollution control equipment and emission reduction processes at the highest 

reasonable efficiency and effectiveness to minimize emissions, the Authority shall establish such 

requirements by permit condition or Notice of Construction (NOC) approval.

B. Operational, maintenance and work practice requirements include, but are not limited to:

(1) flow rates, temperatures and other physical or chemical parameters related to the operation of 

air pollution control equipment and emission reduction processes;
54

(2) monitoring, record-keeping, testing and sampling requirements and schedules;

(3) maintenance requirements and schedules; or

(4) requirements that components of air pollution control equipment be functioning properly.

2. Emission Action Levels

A. Where the Authority has determined that specific operational, maintenance, or work practice 

requirements considered or required under sub 1 of this are not sufficient to ensure that the 

owner or operator of a source is operating and maintaining air pollution control equipment and 

emission reduction processes at the highest reasonable efficiency and effectiveness, the 

Authority may establish, by permit or Notice of Construction (NOC) approval, specific emission 

action levels in addition to applicable emission standards. An emission action level shall be 

established at a level which ensures that air pollution control equipment or an emission reduction 

process is operated at the highest reasonable efficiency and effectiveness to minimize emissions.

B. If emissions from a source equal or exceed the applicable emission action level, the owner or 

operator of the source shall:

(1) take corrective action as expeditiously as practical to reduce emissions to below the emission 

action level;

(2) maintain records at the plant site for two (2) years which document the exceedance, the cause 

of the exceedance, and the corrective action taken;

(3) make such records available for inspection by the Authority during normal business hours; 

and

(4) submit such records to the Authority upon request.

C. The Authority shall revise an emission action level if it finds that such level does not reflect 

the highest reasonable efficiency and effectiveness of air pollution control equipment and 

emission reduction processes.

D. An exceedance of an emission action level which is more stringent than an applicable 

emission standard shall not be a violation of such emission standard.

3. In determining the highest reasonable efficiency and effectiveness for purposes of this rule, the 

Authority shall take into consideration operational variability and the capability of air pollution 

control equipment and emission reduction processes. If the performance of air pollution control 

equipment and emission reduction processes during start-up or shut-down differs from the 

performance under normal operating conditions, the Authority shall determine the highest 

reasonable efficiency and effectiveness separately for these start-up and shut-down operating 
55

modes.

State effective: 11/10/1994; EPA effective: 10/2/2001; 66 FR 40616

32-008 Typically Achievable Control Technology (TACT)

1. Existing Sources. The Authority shall require an existing emissions unit to meet TACT for 

existing sources if:

A. the emissions unit, for the pollutants emitted, is not subject to emissions standards under Title 

33, Title 39 or Title 46, or this at the time TACT is required;

B. the source is required to have a permit;

C. the emissions unit has emissions of criteria pollutants equal to or greater than five (5) tons per 

year of particulate or ten (10) tons per year of any gaseous pollutant; and

D. The Authority determines that air pollution control equipment and emission reduction 

processes in use for the emissions unit do not represent TACT and that further emission control 

is necessary to address documented nuisance conditions, address an increase in emissions, ensure 

that the source is in compliance with other applicable requirements, or to protect public health or 

welfare or the environment.

2. New and Modified Sources. The Authority shall require a new or modified emissions unit to 

meet TACT for new or modified sources if:

A. the new or modified emissions unit, for the pollutants to be emitted, is not subject to New 

Source Review requirements in Title 38, an applicable Standard of Performance for New 

Stationary Sources in Title 46, or any other standard applicable only to new or modified sources 

at the time TACT is required;

B. the source is required to have a permit.

C. the emissions unit:

(1) if new, would have emissions of any criteria pollutant equal to or greater than 1 ton per year, 

or of PM10 equal to or greater than 500 pounds per year in a PM10 nonattainment area; or

(2) if modified, would have an increase in emissions from the permitted level for the emissions 

unit of any criteria pollutant equal to or greater than 1 ton per year, or of PM10 equal to or greater 

than 500 pounds per year in a PM10 nonattainment area; and

D. the Authority determines that the proposed air pollution control equipment and emission 

reduction processes do not represent TACT.

3. Prior to making a TACT determination, the Authority shall notify the owner or operator of a 
56

source of its intent to make such determination utilizing information known to the Authority. 

The owner or operator of the source may supply the Authority with additional information by a 

reasonable date set by the Authority for use in making the TACT determination.

4. The owner or operator of a source subject to TACT shall submit compliance plans and 

specifications by a reasonable date established by the Authority for approval by the Authority. 

The owner or operator of the source shall demonstrate compliance in accordance with a method 

and compliance schedule approved by the Authority.

State effective: 11/10/1994; EPA effective: 10/2/2001; 66 FR 40616

32-009 Additional Control Requirements for Stationary Sources of Air Contaminants

The Authority shall establish control requirements in addition to otherwise applicable 

requirements by permit, if necessary, as specified in 1 through 5 of this .

1. Requirements shall be established 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. For existing sources, the violation of an 

Ambient Air Quality Standard shall be confirmed by monitoring conducted by the Authority.

2. Requirements shall be established to prevent significant impairment of visibility in Class I 

areas caused or projected to be caused substantially by a source as determined by modeling, 

monitoring or a combination thereof. For existing sources, the visibility impairment shall be 

confirmed by monitoring conducted by the Authority.

3. A requirement applicable to major source shall be established if it has been adopted by EPA 

but has not otherwise been adopted by the Board.

4. An additional control requirement shall be established if requested by the owner or operator of 

a source.

5. Additional controls may be required to achieve air contaminant reduction as part of a State 

Implementation Plan.

State effective: 11/10/1994; EPA effective: 10/2/2001; 66 FR 40616

32-010 Visible Air Contaminant Limitations

1. Except as provided in Sub 2, no person shall cause, suffer, allow, or permit the emission of 

any air contaminant into the atmosphere from any air contaminant source for a period or periods 

aggregating more than three minutes in any one hour which is:

A. As dark or darker in shade than that designated as No. 1 on the Ringelmann Chart; or 

B. Equal to or greater than 20 percent opacity.
57

2. Existing Fuel Burning Equipment Utilizing Wood Wastes (any source installed, constructed or 

modified before June 1, 1970). No person shall discharge into the atmosphere from any single 

source of emissions whatsoever any air contaminant for a period or periods aggregating more 

than three minutes in any one hour which is:

a. As dark or darker in shade than that designated as No. 2 on the Ringelmann Chart; or

b. Equal to or greater than 40 percent opacity.

3. Exception--Visible Air Contaminant Standards. Uncombined Water. Where the presence 

of uncombined water is the only reason for failure of any emission to meet the requirements of 

32-010-1 or 2, such shall not apply. 

4. Veneer Dryers (moved to Title 33, 33.060-2.A)

State effective: 11/10/1994; EPA effective: 10/2/2001; 66 FR 40616

32-015 Particulate Matter Weight Standards

Notwithstanding emission limits of s 32-020 and 32-030, particulate emissions shall not exceed: 

1. 0.2 grain per standard dry cubic foot for existing sources installed, constructed or modified 

prior to June 1, 1970; or 

2. 0.1 grain per standard dry cubic foot for new sources (any air contaminant source installed, 

constructed or modified after June 1, 1970).

State effective: 11/10/1994; EPA effective: 10/2/2001; 66 FR 40616

32-020 Particulate Matter Weight Standards - Existing Combustion Sources

The maximum allowable emission of particulate matter from any existing combustion source 

(sources installed, constructed or modified prior to June 1, 1970) shall not exceed 0.2 grain per 

cubic foot of exhaust gas, adjusted to 50 percent excess air or calculated to 12 percent carbon 

dioxide. 

State effective: 11/10/1994; EPA effective: 10/2/2001; 66 FR 40616

32-030 Particulate Matter Weight Standards - New Combustion Sources

The maximum allowable emission of particulate matter from any new combustion source 

(sources installed, constructed or modified after June 1, 1970) shall not exceed 0.1 grain per 

cubic foot of exhaust gas, adjusted to 50 percent excess air or calculated to 12 percent carbon 

dioxide.

State effective: 11/10/1994; EPA effective: 10/2/2001; 66 FR 40616

32-045 Process Weight Emission Limitations

A. The maximum allowable emissions of particulate matter for specific processes shall be a 
58

function of process weight and shall be determined from Table 1.

B. The maximum allowable emissions of particulate matter from hot mix asphalt plants shall be 

determined from Table 1 except that the maximum allowable particulate emissions from 

processes greater than 60,000 pounds per hour shall be limited to 40 pounds per hour.

State effective: 11/10/1994; EPA effective: 10/2/2001; 66 FR 40616

32-055 Particulate Matter Size Standard

No person shall cause or permit the emissions of any particulate matter which is greater than 250 

microns in size if such particulate matter does or will deposit upon the real property of another 

person.

State effective: 11/10/1994; EPA effective: 10/2/2001; 66 FR 40616

32-060 Air Conveying Systems

1. Affected Sources

Dry material air conveying systems located within PM10 Nonattainment or Maintenance Areas 

which use a cyclone or other mechanical separating device and which have a baseline year 

emission rate of three (3) Metric Tons or more of particulate matter are affected sources.

2. Emission Limits for Affected Sources

Notwithstanding the general and specific emission standards and regulations contained in these 

rules, affected sources shall not emit particulate matter to the atmosphere in excess of the 

following amounts:

A. One (1) Metric Ton/year (1.10 Tons/year)

B. 2.88 kg/day (6.24 lbs./day)

State effective: 9/26/2011; EPA Effective: 6/10/2013; 78 FR 21547

GASEOUS EMISSION LIMITATIONS

32-065 Sulfur Content of Fuels

1. Residual Fuel Oils

No person shall sell, distribute, use or make available for use, any residual fuel oil containing more 

than 1.75 percent sulfur by weight.

2. Distillate Fuel Oils

No person shall sell, distribute, use or make available for use, any distillate fuel oil or 

on-specification used oil containing more than the following percentages of sulfur:

A. ASTM Grade 1 fuel oil - 0.3 percent by weight
59

B. ASTM Grade 2 fuel oil - 0.5 percent by weight

C. ASTM Grade 4 fuel oil- 1.5 percent by weight

3. Coal

A. Except as provided in sub- B of this , no person shall sell, distribute, use or make available for 

use, any coal containing greater than 1.0 percent sulfur by weight.

B. Except as provided for sub-subs D and E of this sub, no person shall sell, distribute, use or make 

available for use any coal or coal-containing fuel with greater than 0.3% sulfur and 5% volatile 

matter as defined in ASTM Method D3175 for direct space heating within PM10 nonattainment or 

maintenance areas. For coals subjected to a devolatilization process, compliance with the sulfur 

limit may be demonstrated on the sulfur content of coal prior to the devolatilization process.

C. Distributors of coal or coal-containing fuel destined for direct residential space heating use shall 

keep records for a five-year period which shall be available for LRAPA inspection and which:

(1) specify quantities of coal or coal-containing fuels sold;

(2) contain name and address of customers who are sold coal or coal-containing fuels;

(3) specify the sulfur and volatile content of coal or the coal-containing fuel sold to residences in 

PM10 nonattainment or maintenance areas.

D. Users of coal for direct residential space heating in 1980 who apply in writing by July 1, 1983 

and receive written approval from LRAPA shall be exempted from the requirement of sub-sub B 

of this sub provided they certify that they used more than one-half (1/2) ton of coal in 1980.

E. Distributors may sell coal not meeting specification in sub-sub B of this sub to those users who 

have applied for and received the exemption provided for in sub D of this .

4. Exemptions. Exempted from the requirements of 32-065.1-3, above, are:

A. Fuels used exclusively for the propulsion and auxiliary power requirements of vessels, railroad 

locomotives and diesel motor vehicles. 

B. With prior approval of LRAPA, fuels used in such a manner or control provided such that sulfur 

dioxide emissions can be demonstrated to be equal to or less than those resulting from the 

combustion of fuels complying with the limitations of 32-065.

State effective: 9/26/2011; EPA Effective: 6/10/2013; 78 FR 21547

32-070 Sulfur Dioxide Emission Limitations

Fuel Burning Equipment: The following emissions standards are applicable to new sources 
60

(any air contaminant source installed, constructed or modified after January 1, 1972) only: 

1. For fuel burning equipment having more than 150 million BTU per hour heat input, but not 

more than 250 million BTU per hour input, no person shall cause, suffer, allow or permit the 

emission into the atmosphere of sulfur dioxide in excess of:

A. 1.4 lb. per million BTU heat input, maximum 2-hour average, when liquid fuel is burned.

B. 1.6 lb. per million BTU heat input, maximum 2-hour average, when solid fuel is burned.

2. For fuel burning equipment having more than 250 million BTU per hour heat input, no person 

shall cause, suffer, allow or permit the emission into the atmosphere of sulfur dioxide in excess 

of:

A. 0.8 lb. per million BTU heat input, maximum 2-hour average, when liquid fuel is burned.

B. 1.2 lb. per million BTU heat input, maximum 2-hour average, when solid fuel is burned.

State effective: 11/10/1994; EPA effective: 10/2/2001; 66 FR 40616

32-090 Other Emissions

1. No person shall discharge from any source whatsoever such quantities of air contaminants 

which cause injury, detriment, public nuisance or annoyance to any persons or to the public or 

which cause injury or damage to business or property; such determination to be made by the 

Authority.

2. No person shall cause or permit emission of water vapor if the water vapor causes or tends to 

cause detriment to the health, safety or welfare of any person or causes, or tends to cause damage 

to property or business.

State effective: 11/10/1994; EPA effective: 10/2/2001; 66 FR 40616

TABLE 1

Table of Allowable Rate of Particulate Emissions - Based on Process Weight

Process 

Lbs/Hr.

Emission 

Lbs/Hr. 

Process 

Lbs/Hr.

Emission 

Lbs/Hr. 

Process 

Lbs/hr.

Emission 

Lbs/Hr. 

 50 0.24 2300 4.44 7500 8.39

100 0.46 2400 4.55 8000 8.71

150 0.66 2500 4.64 8500 9.03

200 0.85 2600 4.74 9000 9.36
61

250 1.03 2700 4.84 9500 9.67

300 1.20 2800 4.92 10000 10.00

350 1.35 2900 5.02 11000 10.63

400 1.50 3000 5.10 12000 11.28

450 1.63 3100 5.18 13000 11.89

500 1.77 3200 5.27 14000 12.50

550 1.85 3300 5.36 15000 13.13

600 2.01 3400 5.44 16000 13.74

650 2.12 3500 5.52 17000 14.36

700 2.24 3600 5.61 18000 14.97

750 2.34 3700 5.69 19000 15.58

800 2.43 3800 5.77 20000 16.19

850 2.53 3900 5.85 30000 22.22

900 2.62 4000 5.93 40000 28.30

950 2.72 4100 6.01 50000 34.30

1000 2.80 4200 6.08 60000 40.00

1100 2.97 4300 6.15 70000 41.30

1200 3.12 4400 6.22 80000 42.50

1300 3.26 4500 6.30 90000 43.60

1400 3.40 4600 6.37 100000 44.60

1500 3.54 4700 6.45 120000 47.30

1600 3.66 4800 6.52 140000 47.80

1700 3.79 4900 6.60 160000 49.00

1800 3.91 5000 6.67 200000 51.20

1900 4.03 5500 7.03 1000000 69.00

2000 4.14 6000 7.37 2000000 77.60
62

2100 4.24 6500 7.71 6000000 92.70

2200 4.34 7000 8.05

Interpolation and extrapolation of emissions above a process weight of 60,000 

pounds per hour shall be accomplished by use of this equation:

E = (55.0 x P0.11) - 40, where P = process weight in tons per hour and E = 

emission rate in pounds per hour.

State effective: 11/10/1994; EPA effective: 10/2/2001; 66 FR 40616

TITLE 33 - PROHIBITED PRACTICES AND CONTROL OF SPECIAL CLASSES OF 

INDUSTRY

33-030 Concealment and Masking of Emissions

1. No person shall willfully cause or permit the installation or use of any device or use of any 

means which, without resulting in a reduction in the total amount of air contaminants emitted, 

conceals an emission of air contaminant which would otherwise violate these rules.

2. No person shall cause or permit the installation or use of any device or use of any means 

designed to mask the emission of an air contaminant which causes or tends to cause detriment to 

health, safety or welfare of any person. 

State effective: 11/10/1994; EPA effective: 10/2/2001; 66 FR 40616

33-045 Gasoline Tanks

Gasoline tanks with a capacity of 1500 gallons or more may not be installed without a permanent 

submerged fill pipe or other adequate vapor loss control device in any control area.

State effective: 11/10/1994; EPA effective: 10/2/2001; 66 FR 40616

33-060 Board Products Industries (Hardwood, Particleboard, Plywood, Veneer)

1. Definitions

A. "Average Operating Opacity" means the opacity of emissions determined using EPA Method 

9 on any three days within a 12-month period which are separated from each other by at least 30 

days. A violation of the average operating opacity limitation is judged to have occurred if the 

opacity of emissions on each of the three days is greater than the specified average operating 

opacity limitation.
63

B. "Board Products" means hardwood, particleboard, plywood and veneer.

C. "EPA Method 9" means the method for Visual Determination of the Opacity of Emissions 

From Stationary Sources as promulgated by the U.S. Environmental Protection Agency in Title 

40 of the Code of Federal Regulations, Part 60, Appendix A, Method 9.

D. "Fuel Moisture Content By Weight Greater Than 20 Percent" means bark, hogged wood 

waste, or other wood with an average moisture content of more than 20 percent by weight on a 

wet basis as used for fuel in the normal operation of a wood-fired veneer dryer as measured by 

ASTM D4442-84 during compliance source testing.

E. "Fuel Moisture Content By Weight Less Than 20 Percent" means pulverized ply trim, 

sanderdust, or other wood with an average moisture content of 20 percent or less by weight on a 

wet basis as used for fuel in the normal operation of a wood-fired veneer dryer as measured by 

ASTM D4442-84 during compliance source testing.

F. "Hardboard" means a flat panel made from wood that has been reduced to basic wood fibers 

and bonded by adhesive properties under pressure.

G. "Particleboard" means matformed flat panels consisting of wood particles bonded together 

with synthetic resin or other suitable binder.

H. "Particulate Matter" means all solid or liquid material, other than uncombined water, emitted 

to the ambient air as measured in accordance with the Department Source Sampling Manual. 

Particulate matter emissions determinations shall consist of the average of three separate 

consecutive runs. 

(1) For sources tested using DEQ Method 7, each run shall have a minimum sampling time of 

one hour, a maximum sampling time of eight hours, and a minimum sampling volume of 31.8 

dscf. Veneer dryers, wood particle dryers, fiber dryers and press/cooling vents shall be tested 

with DEQ Method 7. 

(2) For sources tested using DEQ Method 8, each run shall have a minimum sampling time of 15 

minutes and shall collect a minimum particulate sample of 100 mg. Air conveying systems 

shall be tested with DEQ Method 8.

I. "Plywood" means a flat panel built generally of an odd number of thin sheets of veneers of 

wood in which the grain direction of each ply or layer is at right angles to the one adjacent to it.

J. "Tempering Oven" means any facility used to bake hardboard following an oil treatment 

process.

K. "Veneer" means a single flat panel of wood not exceeding 1/4 inch in thickness 

formed by slicing or peeling from a log.
64

L. "Wood-Fired Veneer Dryer" means a veneer dryer which is directly heated by the products of 

combustion of wood fuel in addition to or exclusive of steam of natural gas or propane 

combustion.

2. General Provisions

A. This establishes minimum performance and emission standards for veneer, plywood, 

particleboard and hardboard manufacturing operations. 

B. Emissions limitations established herein are in addition to, and not in lieu of, general emission 

standards for visible emissions, fuel burning equipment (Title 32), and refuse burning equipment 

(Title 30), except as provided for in sub 33-060-3.

C. Emission limitations established herein and stated in terms of pounds per 1000 square feet of 

production shall be computed on an hourly basis using the maximum 8 hour production capacity 

of the plant.

D. Each affected veneer, plywood, particleboard, and hardboard plant shall proceed with a 

progressive and timely program of air pollution control. Each plant shall, at the request of the 

Authority, submit periodic reports in such form and frequency as directed to demonstrate the 

progress being made toward full compliance with LRAPA 33-060-2 through 5.

3. Veneer and Plywood Manufacturing Operations

A. Veneer Dryers

(1) Consistent with 33-060-2, A-D, it is the objective of this to control air contaminant 

emissions, including but not limited to condensible hydrocarbons, such that visible emissions 

from each veneer dryer are limited to a level which does not cause a characteristic "blue Haze" to 

be observable.

(2) No person shall operate any veneer dryer such that visible air contaminants emitted from any 

dryer stack or emission point exceed:

(a) an average operating opacity of 10%; and

(b) a maximum opacity of 20%.

Where the presence of uncombined water is the only reason for the failure to meet the above 

requirement, this requirement shall not apply.

(3) Particulate emissions from wood-fired veneer dryers shall not exceed:
65

(a) 0.75 pounds per 1000 square feet of veneer dried (3/8" basis) for units using fuel which has a 

moisture content by weight of 20% or less;

(b) 1.50 pounds per 1000 square feet of veneer dried (3/8" basis) for units using fuel which has a 

moisture content by weight of greater than 20%; and

(c) in addition to paragraphs (a) and (b) of this sub, 0.40 pounds per 1000 pounds of steam 

generated in boilers which exhaust gases to the veneer dryer.

(4) Exhaust gases from fuel-burning equipment vented to the veneer dryer are exempt from 

LRAPA 32-020 and 030.

(5) Each veneer dryer shall be maintained and operated at all times such that air contaminant 

generating processes and all contaminant control equipment shall be at full efficiency and 

effectiveness so that the emissions of air contaminants are kept at the lowest practicable levels.

(6) No person shall willfully cause or permit the installation or use of any means, such as 

dilution, which without resulting in a reduction in the total amount of air contaminants emitted, 

conceals an emission which would otherwise violate this regulation.

(7) Where effective measures are not taken to minimize fugitive emissions, the Authority may 

require that the equipment or structures in which processing, handling and storage are done be 

tightly closed, modified, or operated in such a way that air contaminants are minimized, 

controlled, or removed before discharge to the open air.

(8) The Authority may require more restrictive emission limits than provided in 33-060-3.A(2) 

and (3) for an individual plant upon finding by the Board of Directors that the individual plant is 

located or is proposed to be located in a special problem area. The more restrictive emission 

limits for special problem areas may be established on the basis of allowable emission expressed 

in opacity, pounds per hour, or total maximum daily emissions to the atmosphere, or a 

combination thereof.

B. No person shall cause to be emitted particulate matter from veneer and plywood mill sources, 

including but not limited to, sanding machines, saws, presses, barkers, hogs, chippers and other 

material size reduction equipment, process or space ventilation systems, and truck loading and 

unloading facilities in excess of a total from all sources within the plant site of one (1.0) pound 

per 1000 square feet of plywood or veneer production on a 3/8 inch basis of finished product 

equivalent.

C. Excepted from sub 33-060-3.B are veneer dryers, fuel burning equipment and refuse burning 

equipment.

D. The Authority may require any veneer dryer facility to establish an effective program for 

monitoring the visible air contaminant emissions from each veneer dryer emission point. The 
66

program shall be subject to review and approval by the Authority and shall consist of the 

following:

(1) A specified minimum frequency for performing visual opacity determinations on each dryer 

emission point;

(2) All data obtained shall be recorded on copies of a "Veneer Dryer Visual Emission Monitoring 

Form" which shall be provided by the Authority or on an alternate form which is approved by the 

Authority; and

(3) A specified period during which all records shall be maintained at the plant site for inspection 

by authorized representatives of the Authority.

E. Open Burning

Upon the effective date of these regulations, no person shall cause or permit the open burning of 

wood residues or other refuse in conjunction with the operation of any veneer or plywood 

manufacturing mill and such acts are hereby prohibited.

4. Particleboard Manufacturing Operations

A. Every person operating or intending to operate a particleboard manufacturing plant shall 

cause all truck dump and storage areas holding or intended to hold raw materials to be enclosed 

to prevent windblown particle emissions from these areas to be deposited upon property not 

under the ownership of said person.

B. The temporary storage of raw materials outside the regularly used areas of the plant site is 

prohibited unless the person who desires to temporarily store such raw materials notifies the 

Authority and receives written approval for said storage:

(1) When authorized by the Authority, temporary storage areas shall be operated to prevent 

windblown particulate emissions from being deposited upon property not under the ownership of 

the person storing the raw materials.

(2) Any temporary storage areas authorized by the Authority shall not be operated in excess of 

six (6) months from the date they are first authorized.

C. Any person who proposes to control windblown particulate emissions from truck dump and 

storage areas other than by enclosure shall apply to the Authority for authorization to utilize 

alternative controls. The application shall be submitted pursuant to LRAPA 34-035 and shall 

describe in detail the plan proposed to control windblown particulate emissions and indicate on a 

plot plan the nearest location of property not under ownership of the applicant.

D. No person shall cause to be emitted particulate matter from particleboard plant sources 

including, but not limited to, hogs, chippers and other material size reduction equipment, process 
67

or space ventilation systems, particle dryers, classifiers, presses, sanding machines and materials 

handling systems, in excess of total from all sources within the plant site of three (3.0) pounds 

per 1000 square feet of particleboard produced on a 3/4 inch basis of finished product equivalent.

E. Excepted from sub 33-060 C.4 are truck dump and storage areas, fuel burning equipment and 

refuse burning equipment.

F. Open Burning

Upon the effective date of these regulations, no person shall cause or permit the open burning of 

wood residues or other refuse in conjunction with the operation of any particleboard 

manufacturing plant and such acts are hereby prohibited.

5. Hardboard Manufacturing Operations

A. Every person operating or intending to operate a hardboard manufacturing plant shall cause 

all truck dump and storage areas holding or intended to hold raw materials to be enclosed to 

prevent windblown particle emissions from these areas to be deposited upon property not under 

the ownership of said person.

B. The temporary storage of raw materials outside the regularly used areas of the plant site is 

prohibited unless the person who desires to temporarily store such raw materials first notifies the 

Authority and receives written approval.

(1) When authorized by the Authority, temporary storage areas shall be operated to prevent 

windblown particulate emissions from being deposited upon property not under the ownership of 

the person storing the raw materials.

(2) Any temporary storage areas authorized by the Authority shall not be operated in excess of 

six (6) months from the date they are first authorized.

C. Alternative Means of Control

Any person who desires to control windblown particulate emissions from truck dump and 

storage areas other than by enclosure shall first apply to the Authority for authorization to utilize 

alternative controls. The application shall be submitted pursuant to LRAPA 34-035 and shall 

describe in detail the plan proposed to control windblown particulate emissions and indicate on a 

plot plan the nearest location of property not under ownership of the applicant.

D. No person shall cause to be emitted particulate matter from hardboard plant sources including, 

but not limited to hogs, chippers and other material size reduction equipment, process or space 

ventilation systems, particle dryers, classifiers, presses, sanding machines, and materials 

handling systems, in excess of a total from all sources within the plant site of one (1.0) pound per 

1000 square feet of hardboard produced on a 1/8 inch basis of finished product equivalent.
68

E. Excepted from subs 33-060-3D.4 are truck dump and storage areas, fuel burning equipment 

and refuse burning equipment.

F. No person shall operate any hardboard tempering oven unless all gases and vapors emitted 

from said oven are treated in a fume incinerator capable of raising the temperature of said gases 

and vapors to at least 1500°F for 0.3 seconds or longer. Specific operating temperatures lower 

than 1500°F may be approved by the Authority upon application, provided that information is 

supplied to show that operation of said temperatures provides sufficient treatment to prevent 

odors from being perceived on property not under the ownership of the person operating the 

hardboard plant. In no case shall fume incinerators installed pursuant to this be operated at 

temperatures less than 1000°F.

G. Any person who proposes to control emissions from hardboard tempering ovens by means 

other than fume incineration shall apply to the Authority for authorization to utilize alternative 

controls. The application shall be submitted pursuant to LRAPA 34-035 and shall describe in 

detail the plan proposed to control odorous emissions and indicate on a plot plan the location of 

the nearest property not under ownership of the applicant.

H. Open Burning

Upon the effective date of these regulations, no person shall cause or permit the open burning of 

wood residues or other refuse in conjunction with the operating of any hardboard manufacturing 

plant and such acts are hereby prohibited.

State effective: 11/10/1994; EPA effective: 10/2/2001; 66 FR 40616

33-065 Charcoal Producing Plants

1. No person shall cause or permit the emission of particulate matter from charcoal producing 

plant sources including, but not limited to, charcoal furnaces (retorts), heat recovery boilers, after 

combustion chambers, and wood dryers using any portion of the charcoal furnace off-gases as a 

heat source, in excess of a total from all sources within the plant site of 10.0 pounds per ton of 

charcoal produced (as determined from the retort process) as an annual average.

2. Emissions from char storage, briquette making (excluding dryers using furnace off-gases), 

boilers not using charcoal furnace off-gases, and fugitive sources are excluded in determining 

compliance with sub (A).

3. Charcoal producing plants as described in (A) above shall be exempt from the limitations of s 

32-030, 32-035, 32-040 and 32-045 which concern particulate emission concentrations and 

process weight.

4. The Agency may require the installation and operation of instruments and recorders for 

measuring emissions and/or parameters which affect the emission of air contaminants from 

sources covered by this rule to ensure that the sources and the air pollution control equipment are 

operated at all times at their full efficiency and effectiveness so that the emission of air 

contaminants is kept at the lowest practicable level. The instruments and recorders shall be 
69

periodically calibrated. The method and frequency of calibration shall be approved in writing 

by the Agency. The recorded information shall be kept for a period of at least one year and 

shall be made available to the Agency upon request.

5. The person responsible for the sources of particulate emissions shall make or have made tests 

once every year to determine the type, quantity, quality and duration of emissions, and process 

parameters affecting emissions, in conformance with test methods of file with the Agency. If 

this test exceeds the annual emission limitation then three (3) additional tests shall be required at 

three (3) month intervals with all four (4) tests being averaged to determine compliance with the 

annual standard. No single test shall be greater than twice the annual average emission 

limitation for that source.

A. Source testing shall begin within 90 days of the date by which compliance is to be achieved 

for each individual emission source.

B. These source testing requirements shall remain in effect unless waived in writing by the 

Agency upon adequate demonstration that the source is consistently operating at lowest 

practicable levels.

State effective: 11/10/1994; EPA effective: 10/2/2001; 66 FR 40616

33-070 Kraft Pulp Mills

1. Definitions

"BLS" means Black Liquor Solids, dry weight.

"Continual Monitoring" means sampling and analysis, in a timed sequence, using techniques 

which will adequately reflect actual emission levels or concentrations on an ongoing basis.

"Continuous Monitoring" means instrumental sampling of a gas stream on a continuous basis, 

excluding periods of calibration.

"Daily Arithmetic Average" means the average concentration over the twenty-four hour period in 

a calendar day, or Authority-approved equivalent period, as determined by continuous 

monitoring equipment or reference method testing. Determinations based on EPA reference 

methods or equivalent methods in accordance with the Department Source Test Manual consist 

of three (3) separate consecutive runs having a minimum sampling time of sixty (60) minutes 

each and a maximum sampling time of eight (8) hours each. The three values for concentration 

(ppm or grains/dscf) are averaged and expressed as the daily arithmetic average which is used to 

determine compliance with process weight limitations, grain loading or volumetric concentration 

limitations and to determine daily emission rate.

"Kraft Mill" or "Mill" means any industrial operation which uses for a cooking liquor an alkaline 

sulfide solution containing sodium hydroxide and sodium sulfide in its pulping process.
70

"Lime Kiln" means any production device in which calcium carbonate is thermally converted to 

calcium oxide.

"Non-Condensibles" means gases and vapors, contaminated with TRS compounds, from the 

digestion and multiple-effect evaporation processes of a mill.

"Other Sources" means sources of TRS emissions in a kraft mill other than recovery furnaces and 

lime kilns, including but not limited to:

A. Vents from knotters, brown stock washing systems, evaporators, blow tanks, blow heat 

accumulators, black liquor storage tanks, black liquor oxidation system, pre-steaming vessels, 

tall oil recovery operation; and

B. Any vent which is shown to contribute to an identified nuisance condition.

"Particulate Matter" means all solid or liquid material, other than uncombined water, emitted to 

the ambient air, as measured by EPA Method 5 or an equivalent test method in accordance with 

the Department Source Test Manual. Particulate matter emission determinations by EPA 

Method 5 shall use water as the cleanup solvent instead of acetone, and consist of the average of 

three (3) separate consecutive runs having a minimum sampling time of 60 minutes each, a 

maximum sampling time of eight (8) hours each, and a minimum sampling volume of 31.8 dscf 

each.

"Parts Per Million (ppm)" means parts of a contaminant per million parts of gas by volume on a 

dry-gas basis (1 ppm equals 0.0001% by volume).

"Production" means the daily amount of air-dried unbleached pulp, or equivalent, produced 

during the 24-hour period each calendar day, or Authority-approved equivalent period, and 

expressed in air-dried metric tons (admt) per day. The corresponding English unit is air-dried 

tons (adt) per day.

"Recovery Furnace" means the combustion device in which dissolved wood solids are 

incinerated and pulping chemicals recovered from the molten smelt. For these regulations, and 

where present, this term shall include the direct contact evaporator.

"Significant Upgrading of Pollution Control Equipment" means a modification or a rebuild of an 

existing pollution control device for which a capital expenditure of 50 percent or more of the 

replacement cost of the existing device is required, other than ongoing routine maintenance.

"Smelt dissolving tank vent" means the vent serving the vessel used to dissolve the molten smelt 

produced by the recovery furnace.

"Standard Dry Cubic Meter" means the amount of gas that would occupy a volume of one cubic 

meter, if the gas were free of uncombined water, at a temperature of 20° C. (68° F.) and a 
71

pressure of 760 mm of Mercury (29.92 inches of Mercury). The corresponding English unit is 

standard dry cubic foot. When applied to recovery furnace gases, "standard dry cubic meter" 

requires adjustment of the gas volume to that which would result in a concentration of 8% 

oxygen if the oxygen concentration exceeds 8%. When applied to lime kiln gases, "standard 

dry cubic meter" requires adjustment of the gas volume to that which would result in a 

concentration of 10% oxygen if the oxygen concentration exceeds 10%. The mill shall 

demonstrate that oxygen concentrations are below noted values or furnish oxygen levels and 

corrected pollutant data.

"Total Reduced Sulfur (TRS) means the sum of the sulfur compounds hydrogen sulfide, methyl 

mercaptan, dimethyl sulfide, and dimethyl disulfide, and any other organic sulfides present, 

expressed as hydrogen sulfide (H2S).

2. Statement of Policy

Recent technological developments have enhanced the degree of malodorous emissions control 

possible for the kraft pulping process. While recognizing that complete malodorous and 

particulate emission control is not presently possible, consistent with the meteorological and 

geographical conditions in Oregon, it is hereby declared to be the policy of the Authority to:

A. Require, in accordance with a specific program and time table for all sources at each 

operating mill, the highest and best practicable treatment and control of atmospheric emissions 

from kraft mills through the utilization of technically feasible equipment, devices, and 

procedures. Consideration will be given to the economic life of equipment which, when 

installed, complies with the highest and best practicable treatment requirement.

B. Require degrees and methods of treatment for major and minor emissions points that will 

minimize emissions of odorous gases and eliminate ambient odor nuisances.

C. Require effective monitoring and reporting of emissions and reporting of other data pertinent 

to air quality or emissions. The Authority will use these data in conjunction with ambient air 

data and observation of conditions in the surrounding area to develop and revise emission and 

ambient air standards, and to determine compliance therewith.

D. Encourage and assist the kraft pulping industry to conduct a research and technological 

development program designed to progressively reduce kraft mill emissions, in accordance with 

a definite program, including specified objectives and time schedules.

3. Emission Limitations

A. Emission of Total Reduced Sulfur (TRS):

(1) Recovery Furnaces:

(a) The emissions of TRS from each recovery furnace placed in operation before January 1, 
72

1969, shall not exceed 10 ppm and 0.15 Kg/metric ton (0.30 lb/ton) of production as daily 

arithmetic averages.

(b) TRS emissions from each recovery furnace placed in operation after January 1, 1969, and 

before September 25, 1976, or any recovery furnace modified significantly after January 1, 1969, 

and before September 25, 1976, to expand production, shall be controlled such that the emissions 

of TRS shall not exceed 5 ppm and 0.075 Kg/metric ton (0.150 lb/ton) production as daily 

arithmetic averages.

(2) Lime Kilns. Lime kilns shall be operated and controlled such that emission of TRS shall not 

exceed 20 ppm as a daily arithmetic average and 0.05 Kg/metric ton (0.10 lb/ton) of production 

as a daily arithmetic average. This paragraph applies to those sources where construction was 

initiated prior to September 25, 1976.

(3) Smelt Dissolving Tanks.

(a) TRS emissions from each smelt dissolving tank shall not exceed 0.0165 gram/Kg BLS (0.033 

lb/ton BLS) as a daily arithmetic average, except as provided in paragraph (b) below.

(b) Where an explosion hazard, which was in existence on March 26, 1989, exists and control is 

not practical or economically not feasible and adequate documentation of these conditions is 

provided to the Authority, the affected smelt dissolving tank shall not exceed 0.033 gram/Kg 

BLS (0.066 lb/ton BLS) as a daily average.

(4) Non-Condensibles.

Non-condensibles from digesters, multiple-effect evaporators and contaminated condensate 

stripping shall be continuously treated to destroy TRS gases by thermal incineration in a lime 

kiln or incineration device capable of subjecting the non-condensibles to a temperature of not 

less than 650°C. (1200°F.) for not less than 0.3 second. An alternate device meeting the above 

requirements shall be available in the event adequate incineration in the primary device cannot 

be accomplished. Venting of TRS gases during changeover shall be minimized but in no case 

shall the time exceed one hour.

(5) Other Sources:

(a) The total emissions of TRS from other sources including, but not limited to, knotters and 

brown stock washer vents, brown stock washer filtrate tank vents, and black liquor oxidation 

vents shall not exceed 0.078 Kg/metric ton (0.156 lb/ton) of production as a daily arithmetic 

average.

(b) Miscellaneous Sources and Practices. If it is determined that sewers, drains, and anaerobic 

lagoons significantly contribute to an odor problem, a program for control shall be required.

B. Particulate Matter:
73

(1) Recovery Furnaces. The emissions of particulate matter from each recovery furnace stack 

shall not exceed:

(a) 2.0 kilograms per metric ton (4.0 pounds per ton) of production as a daily arithmetic average; 

(b) 0.30 gram per dry standard cubic meter (0.13 grain per dry standard cubic foot) as a daily 

arithmetic average; and

(c) 35 percent opacity for a period or periods aggregating more than thirty (30) minutes in any 

one hundred and eighty (180) consecutive minutes or more than sixty (60) minutes in any twenty 

four (24) consecutive hours (excluding periods when the facility is not operating).

(2). Lime Kilns. The emissions of particulate matter from each lime kiln stack shall not exceed:

(a) 0.50 kilogram per metric ton (1.00 pound per ton) of production as a daily arithmetic average; 

(b) 0.46 gram per dry standard cubic meter (0.20 grain per dry standard cubic foot) as a daily 

arithmetic average; and

(c) The visible emission limitations in LRAPA 33-070-3.D.

(3) Smelt Dissolving Tanks. The emission of particulate matter from each smelt dissolving 

tank stack shall not exceed: 

(a) A daily arithmetic average of 0.25 kilogram per metric ton (0.50 pound per ton) of 

production; and

(b) The visible emission limitations in LRAPA 33-070-3.D.

(4) Replacement or Significant Upgrading of existing particulate pollution control equipment 

after July 1, 1988 shall result in more restrictive standards as follows:

(a) Recovery Furnaces.

(i) The emission of particulate matter from each affected recovery furnace stack shall not exceed 

1.00 kilogram per metric ton (2.00 pounds per ton) of production as a daily arithmetic average; 

and

(ii) 0.10 gram per dry standard cubic meter (0.044 grain per dry standard cubic foot) as a daily 

arithmetic average.

(b) Lime Kilns.
74

(i) The emission of particulate matter from each affected lime kiln stack shall not exceed 0.25 

kilogram per metric ton (0.50 pound per ton) of production as a daily arithmetic average; and

(ii) 0.15 gram per dry standard cubic meter (0.067 grain per day standard cubic foot) as a daily 

arithmetic average when burning gaseous fossil fuel; or

(iii) 0.50 kilogram per metric ton (1.00 pound per ton) of production as a daily arithmetic 

average; and

(iv) 0.30 gram per dry standard cubic meter (0.13 grain per dry standard cubic foot) as a daily 

arithmetic average when burning liquid fossil fuel.

(c) Smelt Dissolving Tanks. The emissions of particulate matter from each smelt dissolving 

tank vent stack shall not exceed 0.15 kilogram per metric ton (0.30 pound per ton) of production 

as a daily arithmetic average.

C. Sulfur Dioxide (SO2). Emissions of sulfur dioxide from each recovery furnace stack shall 

not exceed a 3-hour arithmetic average of 300 ppm on a dry-gas basis except when burning fuel 

oil. The sulfur content of fuel oil used shall not exceed the sulfur content of residual and 

distillate oil established in LRAPA 32-065-1 and 2, respectively. 

D. All kraft mill sources with the exception of recovery furnaces shall not exceed an opacity 

equal to or greater than 20 percent for a period exceeding three (3) minutes in any one (1) hour.

E. New Source Performance Standards. New or modified sources that commenced construction 

after September 24, 1976, are subject to each provision of this and the New Source 

Performance Standards, LRAPA 46-630, whichever is more stringent. 

4. More Restrictive Emission Limits

The Authority may establish more restrictive emission limits than the numerical emission 

standards contained in rule 33-070-3. and maximum allowable daily mill site emission limits in 

kilograms per day for an individual mill upon a finding by the Authority that: 

A. The individual mill is located or is proposed to be located in a special problem area or an area 

where ambient air standards are exceeded or are projected to be exceeded or where the emissions 

will have a significant air quality impact in an area where the standards are exceeded; or

B. An odor or nuisance problem has been documented at any mill, in which case the TRS 

emission limits may be reduced below the regulatory limits; or

C. Other rules which are more stringent apply.

5. Plans and Specifications

Prior to construction of new kraft mills or modification of facilities affecting emissions at 
75

existing kraft mills, complete and detailed engineering plans and specifications for air pollution 

control devices and facilities, and such other data as may be required to evaluate projected 

emissions and potential effects on air quality, shall be submitted to and approved by the 

Authority. All construction shall be in accordance with plans as approved in writing by the 

Authority.

6. Monitoring

A. General:

(1) The details of the monitoring program for each mill shall be submitted to and approved by 

the Authority. This submittal shall include diagrams and descriptions of all monitoring 

systems, monitoring frequencies, calibration schedules, descriptions of all sampling sites, data 

reporting formats and duration of maintenance of all data and reports. Any changes that are 

subsequently made in the approved monitoring program shall be submitted in writing to the 

Authority for review and approved in writing prior to change. 

(2) All records associated with the approved monitoring program including, but not limited to, 

original data sheets, charts, calculations, calibration data, production records and final reports 

shall be maintained for a continuous period of at least two (2) calendar years and shall be 

furnished to the Authority upon request.

(3) All source test data; TRS and SO2 concentrations (ppm), corrected for oxygen content, if 

required, that are determined by continuous monitoring equipment; and opacity as determined by 

continuous monitoring equipment or EPA Method 9 will be used to determine compliance with 

applicable emission standards.

All continuous monitoring data, excluding the above, will be used to evaluate performance of 

emitting processes and associated control systems, and for the qualitative determination of plant 

site emissions.

B. Total Reduced Sulfur (TRS). Each mill shall monitor TRS continuously in accordance with 

the following:

(1) The monitoring equipment shall determine compliance with the emission limits and reporting 

requirements established by these regulations, and shall continuously sample and record 

concentrations of TRS.

(2) The sources monitored shall include, but are not limited to, individual recovery furnaces and 

lime kilns. All sources shall be monitored downstream of their respective control equipment, in 

either the ductwork or the stack, in accordance with the Department Continuous Emissions 

Monitoring (CEMS) Manual.

(3) At least once per year, vents from other sources as required in sub 33-070-3.A(5), Other 
76

Sources, shall be sampled to demonstrate the representativeness of the emissions of TRS using 

EPA Method 16, 16A, 16B or continuous emissions monitors. EPA methods shall consist of 

three (3) separate consecutive runs of one hour each, in accordance with the Department Source 

Test Manual. Continuous emissions monitors shall be operated for three consecutive hours in 

accordance with the Department Continuous Emissions Monitoring Manual. All results shall 

be reported to the Authority.

(4) Smelt dissolving tank vents shall be sampled for TRS quarterly except that testing may be 

semi-annual when the preceding six source tests were less than 0.0124 gram/Kg Bls (0.025 lb/ton 

Bls) using EPA Method 16, 16A, 16B or continuous emission monitors. EPA methods shall 

consist of three (3) separate consecutive runs of one hour each, in accordance with the 

Department Source Test Manual.

C. Particulate Matter. 

(1) Each mill shall sample the recovery furnace(s), lime kiln(s) and smelt dissolving tank vent(s) 

for particulate emissions, in accordance with the Department Source Test Manual.

(2) Each mill shall provide continuous monitoring of opacity of emissions discharged to the 

atmosphere from each recovery furnace stack or particulate matter from the recovery furnace(s) 

in a manner approved in writing by the Authority. (or)

(3) Where monitoring of opacity from each recovery furnace is not feasible, provide continuous 

monitoring of particulate matter from each recovery furnace using sodium ion probes in 

accordance with the Department Continuous Emissions Monitoring Manual.

(4) Recovery furnace particulate source tests shall be performed quarterly except that testing may 

be semi-annual when the preceding six (6) source tests were less than 0.225 gram/dscm (0.097 

grain/dscf) for furnaces subject to LRAPA 33-070-3.B(1)(a) or 0.075 gram/dscm (0.033 

grain/dscf) for furnaces subject to LRAPA 33-070-3.B(4)(a)(i).

(5) Lime kiln source tests shall be performed semi-annually.

(6) Smelt dissolving tank vent source tests shall be performed quarterly except that testing may 

be semi-annual when the preceding six (6) source tests were less than 0.187 Kilogram per metric 

ton (0.375 pound per ton) of production.

D. Sulfur Dioxide (SO2). Representative sulfur dioxide emissions from each recovery furnace 

shall be determined at least once each month by the average of three (3) one-hour source tests in 

accordance with the Department Source Test Manual or from continuous emission monitors. If 

continuous emission monitors are used, the monitors shall be operated for three consecutive 

hours, in accordance with the Department Continuous Emissions Monitoring Manual.

E. Combined Monitoring. The Authority may allow the monitoring for opacity of a 
77

combination of more than one emission stream if each individual emission stream has been 

demonstrated (with the exception of opacity) to be in compliance with all the emission limits of 

rule 33-070-3. The Authority may establish more stringent emission limits for the combined 

emission stream.

7. Reporting

Unless otherwise authorized or required by permit, data shall be reported by each mill for each 

calendar month by the fifteenth day of the subsequent month as follows::

A. Applicable daily average emissions of TRS gases expressed in parts per million of H2S on a 

dry gas basis with oxygen concentrations, if oxygen corrections are required, for each source 

included in the approved monitoring program.

B. Daily average emissions of TRS gases in pounds of total reduced sulfur per equivalent ton of 

pulp processed, expressed as H2S for each source included in the approved monitoring program.

C. 3-hour average emissions of SO2 based on all samples collected in one sampling period from 

the recovery furnace(s), expressed as ppm, dry basis.

D. All daily average opacities for each recovery furnace stack where transmissometers are 

utilized.

E. All 6-minute average opacities from each recovery furnace stack that exceeds 35 percent.

F. Daily average kilograms of particulate per equivalent metric ton (pounds of particulate per 

equivalent ton) of pulp produced for each recovery furnace stack. Where transmissometers are 

not feasible, the mass emission rate shall be determined by alternative sampling conducted in 

accordance with 33-070-6.C(3).

G. The results of each recovery furnace particulate source test in grams per standard cubic meter 

(grains per dry standard cubic foot) and for the same source test period the hourly average 

opacity, where transmissometers are used, and the particulate monitoring record obtained in 

accordance with the approved or the alternate monitoring program noted in 33-070-6.C(3).

H. Unless otherwise approved in writing, all periods of non-condensible gas bypass shall be 

reported.

I. Upset conditions shall be reported in accordance with 33-070-8.C.

J. Each kraft mill shall furnish, upon request of the Authority, such other pertinent data as the 

Authority may require to evaluate the mill's emission control program.

K. Monitoring data reported shall reflect actual observed levels corrected for oxygen, if required, 

and analyzer calibration.
78

L. Oxygen concentrations used to correct pollutant data shall reflect oxygen concentrations at the 

point of measurement of pollutants.

M. The Authority shall be notified at least fifteen (15) days in advance of all scheduled reference 

method testing including all scheduled changes.

8. Upset Conditions

A. Each mill shall report to the Authority abnormal mill operations including control and process 

equipment maintenance, or unexpected upsets that result in emissions in excess of the regulatory 

or air contaminant discharge permit limits within one hour or, when conditions prevent prompt 

notice, as soon as possible but no later than one hour after the start of the next working day. 

The mill shall also take immediate corrective action to reduce emission levels to regulatory or 

permit levels.

B. Upsets shall be reported in writing within five (5) working days of each incident, with an 

accompanying report on measures taken or to be taken to correct the condition and prevent its 

reoccurrence.

C. Each mill shall report the cumulative duration in hours each month of the upsets reported in 

(1) of this rule and classified as to:

(1) Recovery Furnace:

(a) TRS;

(b) Particulate.

(2) Lime Kiln:

(a) TRS;

(b) Particulate

(3) Smelt Tank Particulate.

9. Chronic Upset Conditions

If the Authority determines that an upset condition is chronic and correctable by installing new 

or modified process or control procedures or equipment, a program and schedule to effectively 

eliminate the deficiencies causing the upset conditions shall be submitted. Such reoccurring 

upset conditions causing emissions in excess of applicable limits may be subject to civil penalty 

or other appropriate action.

State effective: 11/10/1994; EPA effective: 10/2/2001; 66 FR 40616

33-075 Hot Mix Asphalt Plants
79

1. Definitions

A. "Collection efficiency" means the overall performance of the air cleaning device in terms of 

ratio of material collected to total input to the collector, unless specific size fractions of the 

contaminant are stated or required.

B. "Dusts" means minute solid particles released into the air by natural forces or by mechanical 

processes such as crushing, grinding, milling, drilling, demolishing, shoveling, conveying, 

covering, bagging, or sweeping.

C. "Hot mix asphalt plants" means those facilities and equipment which convey or batch load 

proportioned quantities of cold aggregate to a drier, and heat, dry, screen, classify, measure, and 

mix the aggregate with asphalt for purposes of paving, construction, industrial, residential, or 

commercial use.

D. "Particulate matter" means any matter except uncombined water, which exists as a liquid or 

solid at standard conditions.

E. "Portable hot mix asphalt plants" means those hot mix asphalt plants which are designed to be 

dismantled and are transported from one job site to another job site.

F. "Process weight by hour" means the total weight of all materials introduced into any specific 

process which process may cause any discharge into the atmosphere. Solid fuels charged will 

be considered as part of the process weight, but liquid and gaseous fuels and combustion air will 

not. The "process weight per hour" will be derived by dividing the total process weight by the 

number of hours in one complete operation from the beginning of any given process to the 

completion thereof, excluding any time during which the equipment is idle.

G. "Special control areas" means any location within:

(1) Benton, Clackamas, Columbia, Lane, Linn, Marion, Multnomah, Polk, Washington and 

Yamhill Counties;

(2) Any incorporated city or within six (6) miles of the city limits of said incorporate city;

(3) Any area of Lane County within one (1) mile of any structure or building used for a 

residence;

(4) Any area of Lane County within two (2) miles straight-line distance or air miles of any paved 

public road, highway, or freeway having a total of two (2) or more traffic lanes. 

2. Control Facilities Required

A. No person shall operate any hot mix asphalt plant, either portable or stationary, located within 
80

any area of Lane County outside special control areas unless all dusts and gaseous effluents 

generated by the plant are subjected to air cleaning device or devices having a particulate 

collection efficiency of at least 80 percent by weight.

B. No person shall operate any hot mix asphalt plant, either portable or stationary, located within 

any special control area of Lane County without installing and operating systems or processes for 

the control of particulate emissions so as to comply with the emission limits established by the 

process weight table, Table 1, attached herewith and by reference made a part of this rule and the 

emission limitations 32-010-1 and 3 and 32-015.

3. Other Established Air Quality Limitations

The emission limits established under 33-075 are in addition to visible emission and other

ambient air standards, established or to be established by the LRAPA Board of Directors, unless 

otherwise provided by rule or regulation.

4. Portable Hot Mix Asphalt Plants

Portable hot mix asphalt plants may apply for air contaminant discharge permits within the area 

of Authority jurisdiction without indicating specific site locations. As a condition of said 

permit, the permittee will be required to obtain approval from the Authority for the air pollution 

controls to be installed at each site location or set-up at least ten (10) days prior to operating at 

each site location or set-up.

5. Ancillary Sources of Emission--Housekeeping of Plant Facilities

A. Ancillary air contamination sources from the plant and its facilities which emit air 

contaminants into the atmosphere such as, but not limited to, the drier openings, screening and 

classifying system, hot rock elevator, bins, hoppers, and pug mill mixer, shall be controlled at all 

times so as to maintain the highest possible level of air quality and the lowest possible discharge 

of air contaminants.

B. The handling of aggregate and traffic shall be conducted at all times so as to minimize 

emissions into the atmosphere.

State effective: 11/10/1994; EPA effective: 10/2/2001; 66 FR 40616

TITLE 34 - STATIONARY SOURCE RULES AND PERMITTING PROCEDURES

34-001 General Policy and Rule Organization

In order to restore and maintain Lane County air quality in a condition as free from air pollution 

as is practicable, consistent with the overall public welfare of the county, it is the policy of the 

Lane Regional Air Pollution Authority to require a permit to discharge air contaminants from 
81

certain sources. As a result, LRAPA has set forth in this title the air pollution control rules and 

permitting procedures which apply to all stationary sources regulated by the Authority in Lane 

County.

This title is organized as follows:

34-010 Rules applicable to all stationary sources, including:

34-015 Request for Information

34-020 Information Exempt from Disclosure

34-025 Highest and Best Practicable Treatment and Control (HBPT)

34-030 Source Registration

34-035 Requirements for Construction

34-040 Compliance Schedules

34-050 Rules applicable to sources required to have Air Contaminant Discharge Permits (ACDP) 

or Title V Operating Permits, including:

34-060 Plant Site Emission Limits (PSEL) Rules

34-070 Sampling, Testing, Monitoring and Reporting

34-080 Excess Emissions

34-090 Rules applicable to sources required to have Air Contaminant Discharge Permits 

(ACDP), including:

34-100 Permit Categories

34-110 Requirements to Obtain Permit

34-120 Synthetic Minor Permitting Procedures

34-130 General Procedures for ACD Permits

34-140 Permit Duration

34-150 ACDP Fees

34-160 New Source Review

34-170 Rules applicable to sources required to have Title V Operating Permits, as specified by 

OAR 340 Divisions 218, 220 and 244 in their entirety, including:

34-180 Authority to Implement

34-190 Definitions

34-200 Title V Operating Permitting Program Requirements and Procedures

34-210 Rules Applicable to Sources Desiring Green Permits

34-220 Authority to Implement

34-230 Green Permits Permitting Program Requirements and Procedures

State effective: 6/13/2000; EPA effective: 10/2/2001; 66 FR 40616

34-005 Definitions

All relevant definitions for this title can be found with the general definitions listed in Title 12, 

with the following exceptions:

1. Plant Site Emission Limit (PSEL) definitions, which may be found in 34-060; and

2. Definitions pertaining to Title V Operating Permits, which may be found in OAR
82

340-200-0020.

State effective: 6/13/2000; EPA effective: 10/2/2001; 66 FR 40616

RULES APPLICABLE TO ALL STATIONARY SOURCES

34-010 Applicability

Unless specified elsewhere, 34-015 through 34-040 shall apply to all stationary sources in Lane 

County.

State effective: 6/13/2000; EPA effective: 10/2/2001; 66 FR 40616

34-015 Request for Information

All sources subject to Title 34 shall provide in a reasonably timely manner any and all 

information that the Authority may reasonably require for the purpose of regulating stationary 

sources. Such information may be required on a one-time, periodic, or continuous basis and 

may include, but is not limited to, information necessary to:

1. issue a permit and ascertain compliance or noncompliance with the permit terms and 

conditions;

2. ascertain applicability of any requirement;

3. ascertain compliance or noncompliance with any applicable requirement; and

4. incorporate monitoring, recordkeeping, reporting, and compliance certification requirements 

into a permit.

Compliance with this may require the installation and maintenance of continuous monitors and 

electronic data handling systems.

State effective: 6/13/2000; EPA effective: 10/2/2001; 66 FR 40616

34-020 Information Exempt from Disclosure

1. Pursuant to the provisions of ORS 192.410 to 192.505, all information submitted to the 

Authority under Title 34 shall be presumed to be subject to inspection upon request by any 

person unless such information is determined to be exempt from disclosure pursuant to subs 2 or 

3 of this.

2. If an owner or operator claims that any writing, as that term is defined in ORS 192.410(5), is 

confidential or otherwise exempt from disclosure, in whole or in part, the owner or operator shall 

comply with the following procedures:

A. The writing shall be clearly marked with a request for exemption from disclosure. For a 

multi-page writing, each page shall be so marked.
83

B. The owner or operator shall 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 

shall be clearly distinguishable from the non-exempt material. If possible, the exempt material 

shall 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 shall meet all of 

the following criteria:

A. the information shall not be patented;

B. it shall 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 shall be information which derives actual or potential economic value from not being 

disclosed to other persons; and

D. it shall give its users the chance to obtain a business advantage over competitors not having 

the information.

State effective: 6/13/2000; EPA effective: 10/2/2001; 66 FR 40616

34-030 Source Registration

Any air contaminant source which is not subject to the ACDP rules (34-090 through 34-160) or 

the Title V Operating Permit program rules (34-170 through 34-200) shall register with the 

Authority upon request pursuant to 34-030-1 through 4. 

1. Registration shall be completed within thirty (30) days following the mailing date of the 

request by the Authority.

2. Registration shall be made on forms furnished by the Authority and completed by the owner, 

lessee of the source, or agent.

3. The following information shall be reported by registrants:

A. name, address, and nature of business;

B. name of local person responsible for compliance with these rules;

C. name of person authorized to receive requests for data and information;

D. a description of the production processes and a related flow chart;
84

E. a plot plan showing the location and height of all air contaminant sources (the plot plan shall 

also indicate the nearest residential or commercial property);

F. type and quantity of fuels used;

G. amount, nature, and duration of air contaminant emissions;

H. estimated efficiency of air pollution control equipment under present or anticipated operating 

conditions; and

I. any other information requested by the Authority.

4. Once a year, upon the annual date of registration, a person responsible for an air contaminant 

source shall reaffirm in writing the correctness and current status of the information furnished to 

the Authority. Any changes in any of the factual data reported under sub 3 of this shall be 

reported to the Authority, at which time re-registration may be required on forms furnished by 

the Authority.

State effective: 6/13/2000; EPA effective: 10/2/2001; 66 FR 40616

34-040 Compliance Schedules for Existing Sources Affected by New Rules

1. No existing source of air contaminant emissions will be allowed to operate out of compliance 

with the provisions of new rules, unless the owner or operator of that source first obtains a 

Board-approved compliance schedule which lists the steps being taken to achieve compliance 

and the final date when compliance will be achieved. Approval of a reasonable time to achieve 

compliance shall be at the discretion of the Board.

2. The owner or operator of any existing air contaminant source found by the Director to be in 

non-compliance with the provisions of new rules shall submit to the Board for approval a 

proposed schedule of compliance to meet those provisions. This schedule shall be in 

accordance with timetables contained in the new rules or in accordance with an administrative 

order by the Director. This schedule shall contain, as necessary, reasonable time milestones for 

engineering, procurement, fabrication, equipment installation and process refinement. This 

request shall also contain documentation of the need for the time extension to achieve 

compliance and the justification for each of the milestones indicated in the schedule.

3. Within one hundred and twenty (120) days of the submittal date of the request, the Board shall 

act to either approve or disapprove the request. A schedule for compliance becomes effective 

upon the date of the written order of the Board.

4. Compliance schedules of longer than eighteen (18) months' duration shall contain 

requirements for periodic reporting of progress toward compliance.

5. An owner or operator of an air contaminant source operating in non-compliance with these 

rules, but under an approved compliance schedule, who fails to meet that schedule or make 
85

reasonable progress toward completion of that schedule, shall be subject to enforcement 

procedures in accordance with these rules.

State effective: 6/13/2000; EPA effective: 10/2/2001; 66 FR 40616

RULES APPLICABLE TO SOURCES REQUIRED TO HAVE ACDP OR TITLE V 

OPERATING PERMITS

34-050 Applicability

s 34-060 through 34-080 shall apply to all stationary sources required to obtain ACDP's under 

34-090 through 34-160 or Title V Operating Permits under 34-170 through 34-200.

State effective: 6/13/2000; EPA effective: 10/2/2001; 66 FR 40616

34-060 Plant Site Emission Limit Rules

1. Policy. The Authority recognizes the need to establish a more definitive method for 

regulating increases and decreases in air emissions of permit holders as contained in 34-060. 

However, by the adoption of these rules, the Authority does not intend to:

A. Limit the use of existing production capacity of any air quality permittee (except for synthetic 

minor source permittees);

B. Cause any undue hardship or expense to any permittee due to the utilization of existing 

unused productive capacity; or,

C. Create inequity within any class of permittees subject to specific industrial standards which 

are based on emissions related to production. 

2. Plant Site Emission Limits (PSEL) may be established at levels higher than baseline if a 

demonstrated need exists to emit at a higher level, PSD increments and air quality standards 

would not be violated, and reasonable further progress in implementing control strategies would 

not be impeded.

3. Definitions

"Actual Emissions" means the mass rate of emissions of a pollutant from an emissions source 

during a specified time period. Actual emissions shall be directly measured with a continuous 

monitoring system or calculated using a material balance or verified emission factor in 

combination with the source's actual operating hours, production rates, or types of materials 

processed, stored, or combusted during the specified time period.

A. For purposes of determining actual emissions as of the baseline period:

(1) Except as provided in paragraph (2) of this sub, actual emissions shall equal the average rate 

at which the source actually emitted the pollutant during a baseline period and which is repre-
86

sentative of normal source operation;

(2) The Authority may assume the source-specific mass emissions limit included in the permit 

for a source that was effective on September 8, 1981 is equivalent to the actual emissions of the 

source during the baseline period if it is within 10 percent of the actual emissions calculated 

under paragraph (1) of this sub.

B. For any source which had not yet begun normal operation in the specified time period, actual 

emissions shall equal the potential to emit of the source.

C. For purposes of determining actual emissions for emission statements for Major Source 

Interim Emission Fees under LRAPA Title 35 and for Title V Operating Permit Fees under OAR 

340 Division 220, actual emissions include, but are not limited to, routine process emissions, 

fugitive emissions, excess emissions from maintenance, startups and shutdowns, equipment 

malfunction, and other activities.

"Aggregate Insignificant Emissions" means the annual actual emissions of any regulated air 

pollutant as defined in OAR 340-200-0020, for any Title V Operating Permit program source, 

including the usage of exempt mixtures, up to the lowest of the following applicable level:

A. one ton for each criteria pollutant;

B. 500 pounds for PM10 in a PM10 nonattainment area;

C. 120 pounds for lead;

D. the lesser of the amount established in OAR 340-244-0230, Table 3, or 1,000 pounds for each 

Hazardous Air Pollutant;

E. an aggregate of 5,000 pounds for all Hazardous Air Pollutants.

"Baseline Emission Rate" means the average actual emission rate during the baseline period. 

Baseline emission rate shall not include increases due to voluntary fuel switches or increased 

hours of operation that have occurred after the baseline period.

"Baseline Period" means either calendar years 1977 or 1978. The Authority shall allow the use 

of a prior time period upon a determination that it is more representative of normal source 

operation.

"Categorically Insignificant Activity" means any of the following listed pollutant emitting 

activities principally supporting the source or the major industrial group. Categorically 

insignificant activities must comply with all applicable requirements.

A. constituents of a chemical mixture present at less than 1% by weight of any chemical or 
87

compound regulated under OAR Chapter 340, Divisions 200 through 268, or less than 0.1% by 

weight of any carcinogen listed in the U. S. Department of Health and Human Service's Annual 

Report on Carcinogens when usage of the chemical mixture is less than 100,000 pounds/year.

B. evaporative and tail pipe emissions from on-site motor vehicle operation;

C. distillate oil, kerosene, and gasoline fuel burning equipment rated at less than or equal to 0.4 

million Btu/hr;

D. natural gas and propane burning equipment rated at less than or equal to 2.0 million Btu/hr;

E. office activities;

F. food service activities;

G. janitorial activities;

H. personal care activities;

I. groundskeeping activities including, but not limited to building painting and road and parking 

lot maintenance;

J. on-site laundry activities;

K. on-site recreation facilities;

L. instrument calibration;

M. maintenance and repair shop; 

N. automotive repair shops or storage garages;

O. air cooling or ventilating equipment not designed to remove air contaminants generated by or 

released from associated equipment;

P. refrigeration systems with less than 50 pounds of charge of ozone depleting substances 

regulated under Title VI, including pressure tanks used in refrigeration systems but excluding 

any combustion equipment associated with such systems; 

Q. bench scale laboratory equipment and laboratory equipment used exclusively for chemical 

and physical analysis, including associated vacuum producing devices but excluding research 

and development facilities;

R. temporary construction activities;
88

S. warehouse activities;

T. accidental fires;

U. air vents from air compressors;

V. air purification systems;

W. continuous emissions monitoring vent lines;

X. demineralized water tanks;

Y. pre-treatment of municipal water, including use of deionzed water purification systems;

Z. electrical charging stations;

AA. fire brigade training; 

BB. instrument air dryers and distribution;

CC. process raw water filtration systems;

DD. pharmaceutical packaging;

EE. fire suppression;

FF. blueprint making;

GG. routine maintenance, repair, and replacement such as anticipated activities most often 

associated with and performed during regularly scheduled equipment outages to maintain a plant 

and its equipment in good operating condition, including but not limited to steam cleaning, 

abrasive use, and woodworking;

HH. electric motors;

II. storage tanks, reservoirs, transfer and lubricating equipment used for ASTM grade distillate or 

residual fuels, lubricants, and hydraulic fluids;

JJ. on-site storage tanks not subject to any New Source Performance Standards (NSPS), 

including underground storage tanks (UST), storing gasoline or diesel used exclusively for 

fueling of the facility's fleet of vehicles;

KK. natural gas, propane, and liquefied petroleum gas (LPG) storage tanks and transfer 
89

equipment;

LL. pressurized tanks containing gaseous compounds;

MM. vacuum sheet stacker vents;

NN. emissions from wastewater discharges to publicly owned treatment works (POTW) 

provided the source is authorized to discharge to the POTW, not including on-site wastewater 

treatment and/or holding facilities;

OO. log ponds;

PP. storm water settling basins;

QQ. fire suppression and training;

RR. paved roads and paved parking lots within an urban growth boundary;

SS. hazardous air pollutant emissions of fugitive dust from paved and unpaved roads except for 

those sources that have processes or activities that contribute to the deposition and entrainment 

of hazardous air pollutants from surface soils;

TT. health, safety, and emergency response activities;

UU. emergency generators and pumps used only during loss of primary equipment or utility 

service;

VV. non-contact steam vents and leaks and safety and relief valves for boiler steam distribution 

systems;

WW. non-contact steam condensate flash tanks;

XX. non-contact steam vents on condensate receivers, deaerators and similar equipment;

YY. boiler blowdown tanks;

ZZ. industrial cooling towers that do not use chromium-based water treatment chemicals;

AAA. ash piles maintained in a wetted condition and associated handling systems and activities;

BBB. oil/water separators in effluent treatment systems;

CCC. combustion source flame safety purging on startup;
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DDD. broke beaters, pulp and repulping tanks, stock chests and pulp handling equipment, 

excluding thickening equipment and repulpers;

EEE. stock cleaning and pressurized pulp washing, excluding open stock washing systems; and

FFF. white water storage tanks.

"Normal Source Operation" means operations which do not include such conditions as forced 

fuel substitution, equipment malfunction, or highly abnormal market conditions.

"Plant Site Emission Limit (PSEL)" means the total mass emissions per unit time of an 

individual air pollutant specified in a permit for a source. The PSEL may consist of more than 

one assessable emission.

"Significant Emission Rate (SER)" means

A. Emission rates equal to or greater than the following for air pollutants regulated under the 

Clean Air Act:

Significant Emission Rates for Pollutants

Regulated Under the Clean Air Act

Significant Pollutant Emission Rate

1. Carbon Monoxide 100.00 Tons/Year

2. Nitrogen Oxides 40.0 Tons/Year

3. Particulate Matter 25.0 Tons/Year

4. PM10 15.0 Tons/Year

5. Sulfur Dioxide 40.0 Tons/Year

6. VOCs 40.0 Tons/Year

7. Lead 0.60 Tons/Year

8. Mercury 0.10 Tons/Year

9. Beryllium 0.0004 Tons/Year

10. Asbestos 0.007 Tons/Year

11. Vinyl Chloride 1.0 Tons/Year

12. Fluorides 3.0 Tons/Year
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Significant Emission Rates for Pollutants

Regulated Under the Clean Air Act

13. Sulfuric Acid Mist 7.0 Tons/Year

14. Hydrogen Sulfide 10.0 Tons/Year

15. Total Reduced Sulfur

(including hydrogen sulfide)

10.0 Tons/Year

16. Reduced Sulfur Compounds

(including hydrogen sulfide)

10.0 Tons/Year

B. For pollutants not listed above, the Authority shall determine the rate that constitutes a 

significant emission rate.

C. Any emissions increase less than these rates associated with a new source or modification which 

would construct within 10 kilometers of a Class I area, and would have an impact on such area 

equal to or greater than 1 μg/m3 (24-hour average) shall be deemed to be emitting at a significant 

emission rate.

4. Requirements for Plant Site Emission Limits

A. Plant Site Emission Limits (PSEL) shall be incorporated in all Air Contaminant Discharge 

Permits (ACDPs) and Title V Operating Permits, except minimal source permits and special letter 

permits, as a means of managing airshed capacity. Except as provided for in 34-060-6 and 7, all 

sources subject to regular permit requirements shall be subject to PSELs for all regulated pollutants. 

PSELs will be incorporated in permits when permits are renewed, modified, or newly issued.

B. The emissions limits established by PSELs shall provide the basis for:

(1) assuring reasonable further progress toward attaining compliance with ambient air standards;

(2) assuring that compliance with ambient air standards and Prevention of Significant Deterioration 

increments are being maintained;

(3) administering offset, banking and bubble programs; and

(4) establishing the baseline for tracking consumption of Prevention of Significant Deterioration 

increments.

5. Criteria for Establishing Plant Site Emission Limits

A. For existing sources, PSELs shall be based on the baseline emission rate for a particular 

pollutant at a source and shall be adjusted upward or downward pursuant to Authority rules.
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B. If an applicant requests that the PSEL be established at a rate higher than the baseline emission 

rate, the applicant shall:

(1) demonstrate that the requested increase is less than the significant emission rate increase defined

in 34-060-3; or

(2) provide an assessment of the air quality impact pursuant to procedures specified in 38-015 to 

38-020. A demonstration that no air quality standards or PSD increment will be violated in an 

attainment area or that a growth increment or offset is available in a non-attainment area shall be 

sufficient to allow an increase in the PSEL to an amount not greater than the plant's demonstrated 

need to emit as long as no physical modification of an emissions unit is involved.

C. Increases above baseline emission rates shall be subject to public notice and opportunity for 

public hearing pursuant to applicable permit requirements.

D. PSELs shall be established on at least an annual emission basis and a short- term period emission 

basis that is compatible with source operation and air quality standards.

E. Mass emission limits may be established separately within a particular source for process 

emissions, combustion emissions, and fugitive emissions. 

F. Documentation of PSEL calculations shall be available to the permittee.

G. For new sources, PSELs shall be based on application of applicable control equipment 

requirements and projected operating conditions.

H. PSELs shall not be established which allow emissions in excess of those allowed by any 

applicable federal or state regulation or by any specific permit condition unless specific provisions 

of 34-060-8 are met.

I. PSELs may be changed pursuant to Authority rules when:

(1) Errors are found or better data is available for calculating PSELs.

(2) More stringent control is required by a rule adopted by the Environmental Quality Commission 

or the Authority.

(3) An application is made for a permit modification pursuant to the Air Contaminant Discharge 

Permit requirements (34-090 through 34-160) and the New Source Review requirements (Title 38), 

or Rules Applicable to Sources Required to Have Title V Operating Permits (34-170 through 

34-200). Approval may be granted based on growth increments, offsets, or available Prevention 

of Significant Deterioration increments. 
93

(4) The Authority finds it necessary to initiate modifications of a permit pursuant to 34-130-15 or 

OAR 340-218-0200, Reopenings.

6. Plant Site Emission Limits for Sources of Hazardous Air Pollutants

A. For purposes of establishing PSELs, hazardous air pollutants listed under OAR 340-244-0040 or 

OAR 340-244-0230 shall not be considered regulated pollutants under 34-060-4.A until such time 

as the Authority determines otherwise.

B. The Authority may establish PSELs for hazardous air pollutants for the following causes:

(1) An owner or operator elects to establish a PSEL for any hazardous air pollutant emitted for 

purposes of determining emission fees as prescribed in Title 35; or

(2) The source is subject to a hazardous air pollutant emission standard, limitation, or control 

requirement other than Plant Site Emission Limits.

C. Procedures for establishing and modifying PSELs for hazardous air pollutant emissions shall be 

consistent with 34-060-5, except for the following:

(1) a baseline emission rate shall not apply; and

(2) the provisions of 34-060-8 shall not apply.

D. PSELs established for hazardous air pollutants shall not be used for any provisions other than 

those prescribed in sub B of this .

7. Plant Site Emission Limits for Insignificant Activities

A. For purposes of establishing PSELs, emissions from categorically insignificant activities listed in 

Sub 34-060-3 shall not be considered regulated air pollutants under 34-060-4 until such time as 

the Authority determines otherwise, except as provided in sub C of this .

B. For purposes of establishing PSELs, emissions from non-exempt insignificant mixture usage and 

aggregate insignificant emissions listed in Sub 34-060-3 shall be considered regulated air pollutants 

under 34-060-4.

C. For purposes of determining New Source Review or Prevention of Significant Deterioration 

applicability, Title 38, emissions from insignificant activities shall be considered.

8. Alternative Emission Controls (Bubble)

A. Alternative emission controls may be approved for use within a plant site such that specific mass 
94

emission limit rules are exceeded if:

(1) such alternatives are not specifically prohibited by a permit condition;

(2) net emissions for each pollutant are not increased above the PSEL;

(3) The net air quality impact is not increased as demonstrated by procedures required by 38-035 

(Requirements for Net Air Quality Benefit);

(4) No other pollutants including malodorous, toxic or hazardous pollutants are substituted;

(5) Best Available Control Technology (BACT) and Lowest Achievable Emission Rate (LAER), 

where required by a previously issued permit, and New Source Performance Standards (NSPS) and 

National Emission Standards for Hazardous Air Pollutants (NESHAP), where required, are not 

relaxed;

(6) specific mass emission limits are established for each emission unit involved such that 

compliance with the PSEL can be readily determined; or

(7) application is made for a permit modification and such modification is approved by the 

Authority.

B. Operators of existing sources requesting alternative emission controls shall, at the time of 

application, pay the following fees:

(1) a filing fee as listed in Table A, Part I, item J of this rule; and

(2) an application processing fee as listed in Table A, Part I, item D of this rule.

9. Temporary PSD Increment Allocation

A. On demonstration to the Authority, PSELs may include a temporary or time-limited allocation 

against an otherwise unused PSD increment in order to accommodate voluntary fuel switching or 

other cost or energy saving proposals if:

(1) no ambient air quality standard is exceeded;

(2) no applicable PSD increment is exceeded;

(3) no nuisance condition is created; and

(4) the applicant's proposed and approved objective continues to be realized.

B. When such demonstration is being made for changes to the PSEL, it shall be presumed that 

ambient air quality monitoring shall not be required of the applicant for changes in hours of 
95

operation, changes in production levels, voluntary fuel switching or for cogeneration projects 

unless, in the opinion of the Authority, extraordinary circumstances exist.

C. Such temporary allocation of a PSD increment shall be set forth in a specific permit condition 

issued pursuant to the Authority's notice and permit issuance or modification procedures.

D. Such temporary allocations are for a specific time period and may be recalled with proper notice.

State effective: 6/13/2000; EPA effective: 10/2/2001; 66 FR 40616

34-070 Sampling, Testing and Monitoring of Air Contaminant Emissions

1. Program

A. As part of its coordinated program of air quality control and preventing and abating air pollution, 

the Authority may:

(1) require any person responsible for emissions of air contaminants to make or have made tests to 

determine the type, quantity, quality, and duration of the emissions from any air contamination 

source;

(2) require full reporting of all test procedures and results furnished to the Authority in writing and 

signed by the person or persons responsible for conducting the tests; and

(3) require continuous monitoring of specified air contaminant emissions and periodic regular 

reporting of the results of such monitoring.

B. At the request of the Authority, an owner or operator of a source required to conduct emissions 

tests may be required to provide emission testing facilities as follows:

(1) sampling ports, safe sampling platforms, and access to sampling platforms adequate for test 

methods applicable to such source; and

(2) utilities for sampling and testing equipment.

C. Testing shall be conducted in accordance with the Department's Source Sampling Manual 

(January, 1992), the Department's Continuous Monitoring Manual (January, 1992), or an applicable 

EPA Reference Method unless the Authority, where allowed under applicable federal requirements:

(1) specifies or approves, in specific cases, minor changes in methodology;

(2) approves the use of an equivalent method or alternative method which will provide adequate 

results;

(3) waives the requirement for tests because the owner or operator of a source has demonstrated by 

other means to the Authority's satisfaction that the affected facility is in compliance with applicable 
96

requirements; or

(4) approves shorter sampling times and smaller sample volumes when necessitated by process 

variables or other factors.

2. Stack Heights and Dispersion Techniques

A. 40 CFR, Parts 51.100 (ff) through 51.100(kk), 51.118, 51.160 through 51.166 (July 1, 1993) are 

by this reference adopted and incorporated herein, concerning stack heights and dispersion 

techniques.

B. In general, the rule prohibits the use of excessive stack height and certain dispersion techniques 

when calculating compliance with ambient air quality standards. The rule does not forbid the 

construction and actual use of excessively tall stacks, nor use of dispersion techniques; it only 

forbids their use in calculations as noted above.

C. This has the following general applicability:

(1) With respect to the use of excessive stack height, stacks 65 meters high or greater, constructed 

after December 31, 1970, and major modifications to existing plants after December 31, 1970 with 

stacks 65 meters high or greater which were constructed before that date, are subject to this , with 

the exception that certain stacks at federally owned, coal-fired steam electric generating units 

constructed under a contract awarded before February 8, 1974, are exempt.

(2) With respect to the use of dispersion techniques, any technique implemented after December 31, 

1970, at any plant, is subject to this . However, if the plant's total allowable emissions of sulfur 

dioxide are less than 5,000 tons per year, then certain dispersion techniques to increase final 

exhaust gas plume rise are permitted to be used when calculating compliance with ambient air 

quality standards for sulfur dioxide.

D. Definitions:

(1) Where found in the federal rule, the term "reviewing agency" means the Authority, the 

Department, or the EPA, as applicable;

(2) Where found in the federal rule, the term "authority administering the State Implementation 

Plan" means the Authority, the Department, or the EPA;

(3) The "procedures" referred to in 40 CFR 51.164 are the New Source Review procedures at the 

Department (OAR 340 Division 224) or at the Authority (Title 38); and the review procedures for 

new, or modifications to, minor sources, at the Department (OAR 340-0200 to 0220, 340 Division 

216) or at the Authority (34-035).

(4) Where "the state" or "state, or local control agency" is referred to in 40 CFR 51.118, it means 
97

the Department or the Authority.

(5) Where found in the federal rule, the terms "applicable state implementation plan" and "plan" 

refer to the programs and rules of the Department or the Authority, as approved by the EPA, or any 

EPA-promulgated regulations (see 40 CFR Part 52, Subpart MM).

3. Methods

A. Any sampling, testing, or measurement performed under this regulation shall conform to 

methods contained in the Department's Source Sampling Manual or to recognized applicable 

standard methods approved in advance by the Authority.

B. The Authority may approve any alternative method of sampling provided it finds that the 

proposed method is satisfactory and complies with the intent of these regulations and is at least 

equivalent to the uniform recognized procedures in objectivity and reliability, and is demonstrated 

to be reproducible, selective, sensitive, accurate and applicable to the program.

4. Authority Testing. The Authority, instead of requesting tests and sampling of emissions from 

the person responsible for an air contamination source, may conduct such tests alone or in 

conjunction with said person. If the testing or sampling is performed by the Authority, a copy of 

the results shall be provided to the person responsible for the air contamination source.

5. Records--Maintaining and Reporting

A. Upon notification from the Director, all persons owning or operating a source within Lane 

County shall keep and maintain written records of the nature, type and amounts of emissions from 

such source and other information as may be required by the Director to determine whether the 

source is in compliance with applicable emission rules, limitations or other control measures.

B. The records shall be submitted to the Authority on an annual basis, or more frequently if 

requested in writing by the Authority. They shall be submitted using an Emissions Inventory 

Questionnaire form provided by the Authority. Except as may be otherwise provided by rule, 

annual periods are January 1 through December 31. A more frequent basis for reporting may be

required due to noncompliance or to protect human health or the environment.

C. The reports required by this rule shall be submitted by the end of the first calendar quarter of the 

next year (March 31).

State effective: 6/13/2000; EPA effective: 10/2/2001; 66 FR 40616

RULES APPLICABLE TO SOURCES REQUIRED TO HAVE AIR CONTAMINANT 

DISCHARGE PERMITS (ACDP)

34-090 Purpose and Applicability

1. In order to restore and maintain Lane County air quality in a condition as free from air pollution 
98

as is practicable, it is the policy of the Lane Regional Air Pollution Authority to require a permit to 

discharge air contaminants from certain sources. As a result, no person shall construct, install, 

establish, modify, enlarge, develop or operate an air contaminant source listed in Table A Part II, 

without first obtaining an Air Contaminant Discharge Permit (ACDP) from the Authority. 

2. The purpose of s 34-090 through 34-160 is to prescribe the requirements and procedures for 

obtaining ACDP's for stationary sources listed in Table A Part II. s 34-090 through 34-160 shall 

not apply to Title V Operating Permit program sources unless an ACDP is required by 34-110(2), 

34-110(4), 34-120 or 38-001. 

3. Sources not listed in Table A Part II are subject to requirements for construction (34-035) and 

may be subject to registration requirements (34-030).

State effective: 6/13/2000; EPA effective: 10/2/2001; 66 FR 40616

34-100 Permit Categories

The following list delineates the types of permit which may apply to a stationary source:

1. Title V Operating Permit, for major stationary sources as defined by OAR 340-200-0020-63(b). 

Permitting requirements for Title V Operating Permit program sources are prescribed in s 34-110-2 

and 4, and s 34-170 through 34-200.

2. Regular ACDP, for stationary sources listed in Table A Part II. Permitting requirements for 

regular ACD permits are prescribed in s 34-110 through 34-160.

3. Synthetic Minor ACDP, for stationary sources defined by OAR 340-200-0020. Permitting 

procedures for Synthetic Minor ACDP's are prescribed in s 34-110-2, 4 and 5, and 34-120 through 

34-160.

4. Multiple Source Permit. When a single site includes more than one air contaminant source, a 

single ACDP may be issued including all sources located at the site. For uniformity such 

applications shall separately identify, by sub, each air contaminant source included from Table A 

Part II. Permitting procedures for multiple source permits are the same as for regular ACDP's and 

are prescribed in s 34-130 through 34-160.

A. When a single air contaminant source which is included in a multiple-source ACDP is subject to 

permit modification, revocation, suspension, or denial, such action by the Authority shall only 

affect that individual source without thereby affecting any other source subject to the permit.

B. When a multiple-source ACDP includes air contaminant sources subject to the jurisdictions of 

both the Department and the Authority, the Department may require that it shall be the permit 

issuing agency. In such cases, the Department and the Authority shall otherwise maintain and 

exercise all other aspects of their respective jurisdictions over the permittee.

5. Minimal Source Permit
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A. The Lane Regional Air Pollution Authority may designate any source as a "minimal source" 

based upon the following criteria:

(1) quantity and quality of emissions;

(2) type of operation;

(3) compliance with Authority regulations;

(4) minimal impact on the air quality of the surrounding region.

B. If a source is designated as a minimal source, the compliance determination fee, provided by 

34-150 (ACDP Permits) will be collected no less frequently than every five (5) years.

6. Letter Permits

A. Any source listed in Table A, Part II, with no, or insignificant, air contaminant discharges may 

apply to the Authority for a letter permit.

B. The determination of applicability of this letter permit shall be made solely by the Authority.

C. If issued a letter permit, the application processing fee and/or annual compliance determination 

fee, provided by 34-150 (ACDP Fees) may be waived by the Authority.

State effective: 6/13/2000; EPA effective: 10/2/2001; 66 FR 40616

34-110 Permit Required

1. No person shall construct, install, establish, develop or operate any air contaminant source which 

is referred to in Table A Part II, appended hereto and incorporated herein by reference, without first 

obtaining an Air Contaminant Discharge Permit (ACDP) from the Authority.

2. No person shall construct, install, establish, or develop any major source, as defined by OAR 

340-200-0020 that will be subject to the Title V Operating Permit program without first obtaining 

an ACDP from the Authority. Any Title V Operating Permit program source required to have 

obtained an ACDP prior to construction shall:

A. choose to become a synthetic minor source, 34-120, and remain in the ACDP program; or

B. file a complete application to obtain the Title V Operating Permit within twelve (12) months 

after initial startup.

3. No person shall modify any source covered by an ACDP under 34-100 through 34-160 such that 

the emissions are significantly increased without first applying for and obtaining a permit 

modification.

4. No person shall modify any source required to be covered by an ACDP under 34-100 through 

34-160 such that the source becomes subject to the Title V Operating Permit program, 34-170 
100

through 34-200 without first applying for and obtaining a modified ACDP. Any Title V Operating 

Permit program source required to have obtained an ACDP prior to modification shall:

A. choose to become a synthetic minor source, 34-120, and remain in the ACDP program;

B. choose to remain a synthetic minor source, 34-120, and remain in the ACDP program; or

C. file a complete application to obtain the Title V Operating Permit within twelve (12) months 

after initial startup of the modification.

5. No person shall increase emissions above the PSEL or operate in excess of the enforceable 

condition to limit potential to emit and remain a synthetic minor source without first applying for 

and obtaining a modified ACDP.

6. No person shall modify any source covered by an ACDP under 34-100 through 34-160 and not 

required to obtain a Title V Operating Permit such that:

A. the process equipment is substantially changed or added to; or

B. the emissions are significantly changed, without first notifying the Authority.

State effective: 6/13/2000; EPA effective: 10/2/2001; 66 FR 40616

34-120 Synthetic Minor Sources

1. Enforceable conditions to limit a source's potential to emit shall be included in the ACDP for a 

synthetic minor source. Enforceable conditions, in addition to the PSEL established under 34-060, 

shall include one or more of the following physical or operational limitations, but in no case shall 

exceed the conditions used to establish the PSEL:

A. restrictions on hours of operation;

B. restrictions on levels of production;

C. restrictions on the type or amount of material combusted, stored, or processed;

D. additional air pollution control equipment; or

E. other limitations on the capacity of a source to emit air pollutants.

2. The reporting and monitoring requirements of the conditions which limit the potential to emit 

contained in the ACDP of synthetic minor sources shall meet the requirements of 34-070.

3. To avoid being required to submit an application for a Title V Operating Permit, the owner or 

operator of a major source shall obtain an ACDP or a modification to an ACDP containing 
101

conditions that would qualify the source as a synthetic minor source prior to the time the owner or 

operator would be required to submit a Title V Operating Permit application.

4. Applications for synthetic minor source status shall be subject to notice procedures of 34-130-5.

5. Synthetic minor source owners or operators who cause their source to be subject to the Title V 

Operating Permit program by requesting an increase in the source's potential to emit, when that 

increase uses the source's existing capacity and does not result from construction or modification, 

shall:

A. become subject to 34-170 through 34-200 (OAR 340 Division 218);

B. submit a Title V Operating Permit application pursuant to OAR 340-218-0040; and

C. receive a Title V Operating Permit before commencing operation in excess of the enforceable 

conditions to limit potential to emit.

6. Synthetic minor source owners or operators who cause their source to be subject to the Title V 

Operating Permit program by requesting an increase in the source's potential to emit, when that 

increase is the result of construction or modification, shall:

A. submit an application for the modification of the existing ACDP;

B. receive the modified ACDP before beginning construction or modification;

C. become subject to 34-170 through 34-200 (OAR 340 Division 218); and

D. submit a Title V Operating Permit application under OAR 340-218-0040 to obtain a Title V 

Operating Permit within twelve (12) months after initial startup of the construction or modification.

7. Synthetic minor sources that exceed the limitations on potential to emit are in violation of OAR 

340-218-0020(1)(a).

State effective: 6/13/2000; EPA effective: 10/2/2001; 66 FR 40616

34-130 General Procedures for Obtaining ACDP Permits

(Note: Procedures for reviewing new major sources or major modifications are contained in Title 

38, New Source Review.)

1. No person shall commence construction, installation or modification of an air contaminant 

discharge source prior to obtaining an Air Contaminant Discharge Permit. The Director may 

allow commencement of construction prior to obtaining an ACDP, if applicant demonstrates no 

emissions increase of any regulated pollutant.

2. Any person intending to construct, install or establish a new source or renew an existing permit 

shall submit a complete permit application on forms provided by the Authority and containing the 
102

following information:

A. name, address and nature of business;

B. a description of the production processes and a related flow chart;

C. a plot plan showing location of all air contaminant sources, all discharge points and the 

surrounding residential and commercial property;

D. type and quantity of fuels used;

E. amount, nature and duration of all emissions of air contaminants;

F. plans and specifications for air pollution control equipment and facilities and their relationship to 

the production process;

G. estimated efficiency of air pollution control equipment;

H. any information on pollution prevention measures and cross-media impacts the person wants the 

Authority to consider in determining applicable control requirements and evaluating compliance 

methods;

I. where the operation or maintenance of air pollution control equipment and emission reduction 

processes can be adjusted or varied from the highest reasonable efficiency and effectiveness, 

information necessary for the Authority to establish operational and maintenance requirements 

under 32-007-1 and 2; and

J. other pertinent information required by the Authority.

3. Unless otherwise specified, within fifteen (15) days after receiving the permit application the 

Authority will review the application to determine the adequacy of the information submitted.

A. If the Authority determines that additional information is needed, it will promptly request the 

needed information from the applicant. The permit application will not be considered complete 

for processing until the requested information is received. The application will be considered to 

be withdrawn if the applicant fails to submit the requested information within ninety (90) days of 

the request.

B. If, in the opinion of the Director, additional measures are necessary to gather facts regarding the 

permit application, the Director will notify the applicant of his intent to institute said measures and 

the timetable and procedures to be followed. The application will not be considered complete for 

processing until the necessary additional fact-finding measures are completed.

C. When the information in the permit application is deemed adequate, the applicant will be 
103

notified that the application is complete for processing.

D. Following determination that it is complete for processing, each permit application will be 

reviewed on its own merit, in accordance with the provisions of all applicable statutes, rules and 

regulations of the State of Oregon and the Lane Regional Air Pollution Authority.

E. If, upon review of the permit application, the Authority determines that a permit is not required, 

the Authority shall notify the applicant in writing of this determination. Such notification shall 

constitute final action by the Authority on the permit application.

(NOTE: Upon notification by the Authority, a registered source may be required to obtain a 

permit.)

4. In the event the Authority is unable to complete action on a permit application within forty-five 

(45) days of closing of the public comment period or hearing record under sub 5 of this , the 

applicant shall be deemed to have received a temporary or conditional permit. Caution should be 

exercised by the applicant under a temporary or conditional permit, since it will expire upon final 

action by the Authority to grant or deny the original application, and since such temporary or conditional permit does not authorize any construction activity, operation or discharge which will violate 

any of the laws, rules or regulations of the State of Oregon or the Lane Regional Air Pollution 

Authority.

5. Public Notice. If the Authority proposes to issue a permit, public notice of proposed provisions 

prepared by the Authority will be forwarded to the applicant and other interested persons, at the 

discretion of the Authority, for comment. The public notice shall allow thirty (30) days for written 

comment from the applicant, the public and the interested local, state and federal agencies prior to 

issuance of the permit. Public notice shall include the names and quantities of new or increased 

emissions for which permit limits are proposed or new or increased emissions which exceed 

Significant Emission Rates established by the Authority. If, within fourteen (14) days after 

commencement of the public notice period, the Authority receives written requests from ten (10) 

persons, or from an organization or organizations representing at least ten persons, for a public 

hearing to allow interested persons to appear and submit oral or written comments on the proposed 

provisions, the Authority shall provide such a hearing before taking final action on the application, 

at a reasonable place and time and on reasonable notice. Notice of such a hearing may be given, at 

the Authority's discretion, either in the notice accompanying the proposed provisions or in such 

other manner as is reasonably calculated to inform interested persons. The Authority shall take 

final action on the permit application within forty-five (45) days of the closing of the public 

comment period or the hearing record.

6. The Authority may adopt or modify the proposed provisions or recommend denial of a permit. 

In taking such action, the Authority shall consider the comments received regarding the proposed 

provisions and any other information obtained which may be pertinent to the application being 

considered.

7. The Authority shall promptly notify the applicant in writing of the final action taken on the 
104

application. If the conditions of the permit issued are different from the proposed provisions 

forwarded to the applicant for review, the notification shall include the reasons for the changes 

made. A copy of the permit issued shall be attached to the notification.

8. If the applicant is dissatisfied with the conditions or limitations of any permit issued by the 

Authority, the applicant may request a hearing before the Board of Directors or its authorized 

representative. Such a request for hearing shall be made in writing to the Director within twenty 

(20) days of the date of mailing of the notification of issuance of the permit. Any hearing held 

shall be conducted pursuant to the rules of the Authority.

9. If the Authority proposes to deny issuance of a permit, it shall notify the applicant by registered 

or certified mail of the intent to deny and the reasons for denial. The denial shall become effective 

twenty (20) days from the date of mailing of such notice unless, within that time, the applicant 

requests a hearing. Any hearing held shall be conducted pursuant to the rules of the Authority.

10. Permits issued by the Authority will specify those activities, operations, emissions and 

discharges which are permitted, as well as requirements, limitations and conditions which must be 

met.

11. No permit will be issued to an air contaminant source which is not in compliance with 

applicable rules, unless a compliance schedule is made a condition of the permit.

12. Each permit proposed to be issued or revised by the Authority shall be submitted to the 

Department of Environmental Quality at least thirty (30) days prior to the proposed issuance date.

13. A copy of each permit issued, modified or revoked by the Authority pursuant to this shall be 

promptly submitted to the Department.

14. The Authority may waive the procedures prescribed in these rules and issue special permits of 

duration not to exceed sixty (60) days from the date of issuance for unexpected or emergency 

activities, operations, emissions or discharges. Said permits shall be properly conditioned to 

insure adequate protection of property and preservation of public health, welfare and resources and 

shall include provisions for compliance with applicable emissions standards of the Authority. 

Application for such permits shall be in writing and may be in the form of a letter which fully 

describes the emergency and the proposed activities, operations, emissions or discharges, as 

described in sub 2 of this .

15. The Authority may institute modification of a permit due to changing conditions or standards, 

receipt of additional information or other reason, by notifying the permittee by registered or 

certified mail of its intention to modify the permit. Such notification shall include the proposed 

modification and the reasons for modification. The modifications shall become effective twenty 

(20) days from the date of mailing of such notice unless, within that time, the permittee requests a 

hearing. Such a request for hearing shall be made in writing, and the hearing shall be conducted 

pursuant to the rules of the Authority. A copy of the modified permit shall be forwarded to the 
105

permittee as soon as the modification becomes effective. The existing permit shall remain in 

effect until the modified permit is issued.

The procedure for issuance of a permit shall apply to renewal of a permit. If a completed application 

for renewal of a permit is filed with the Authority in a timely manner prior to the expiration date of the 

permit, the permit shall not be deemed to expire until final action has been taken on the renewal 

application to issue or deny a permit.

State effective: 6/13/2000; EPA effective: 10/2/2001; 66 FR 40616

34-140 Permit Duration

1. The duration of permits may vary but shall not exceed ten (10) years, except that Synthetic Minor 

Permits shall not be issued for more than five (5) years. The expiration date will be recorded on 

each permit issued.

2. Air Contaminant Discharge Permits issued by the Authority shall be automatically terminated:

A. Within sixty (60) days after sale or exchange of the activity or facility which requires a permit;

B. Upon change in the nature of activities, operations, emissions or discharges from those of record 

in the last application;

C. Within one (1) year after a plant closure lasting continuously for one (1) or more years.

D. Upon issuance of a new, renewal or modified permit for the same operation; or

E. Upon written request of the permittee.

3. In the event that it becomes necessary to suspend or terminate a permit due to non-compliance 

with the terms of the permit, unapproved changes in operation, false information submitted in the 

application or any other cause, the Authority shall notify the permittee by registered or certified 

mail of its intent to suspend or revoke the permit. Such notification shall include the reasons for 

the suspension or revocation. The suspension or revocation shall become effective twenty (20) 

days from the date of mailing of such notice unless, within that time, the permittee requests hearing. 

Such a request for hearing shall be made in writing and shall state the grounds for the request.

4. Termination of a permit resulting from continuous plant closure shall subject the source to review 

as a new non-permitted source upon application to operate the facility.

5. If the Authority finds that there is a serious danger to the public health or safety or that 

irreparable damage to a resource will occur, it may suspend or terminate a permit, effective 

immediately. Notice of such suspension or termination must state the reasons for action and 

advise the permittee that he may request a hearing. Such a request for hearing shall be made in 

writing within ninety (90) days of the date of suspension and shall state the grounds for the request.
106

6. Any hearing requested under this shall be conducted pursuant to the rules of the Authority.

State effective: 6/13/2000; EPA effective: 10/2/2001; 66 FR 40616

34-150 ACDP Fees

All persons applying for an ACD permit for a new source, a source operating without a permit, or a 

renewal of an existing ACDP shall at the time of application pay the following fees:

A. a filing fee as listed in Table A Part I, item J, of this rule;

B. an application processing fee as listed in Table A Part II of this rule; and

C. an annual compliance determination fee as listed in Table A Part II of this rule.

D. New and previously unpermitted sources are also subject to initial construction review (Table A, 

Part I).

Both the application processing fee and the annual compliance fee may be waived when applying 

for letter permits (see 34-100-6, Permit Categories).

2. All persons applying for a modification of an existing ACDP shall at the time of application pay 

the following fees:

A. a filing fee as listed in Table A Part I, Item J, of this rule; and

B. an application processing fee as listed in Table A Part II of this rule.

The application processing fee may be waived when applying for letter permits (see 34-100-6, 

Permit Categories). Modifications subject to the requirements of 34-035, Requirements for 

Construction, may be subject to the fees of Table A Part I, in addition to the fees of Table A Part II.

3. All persons applying for a Synthetic Minor ACDP (34-120) shall at the time of application pay 

the following fees:

A. a filing fee as listed in OAR 340-216-0090 Table 1, Part I;

B. an application processing fee as listed in OAR 340-216-0090 Table 1, Part I;

C. an annual compliance determination fee as listed in OAR 340-216-0090 Table 1, Part I; and

D. all of the applicable fees of LRAPA Title 34, Table A Part I.

4. The fee schedule contained in Table A Part II shall be applied to determine the ACDP fees on a 

standard industrial classification (SIC) basis.
107

5. Applications for multiple-source permits received pursuant to 34-100-4 (Permit Categories) shall 

be subject to a single filing fee. The application processing fee and annual compliance 

determination fee for multiple-source permits shall be equal to the total amounts required by the 

individual sources involved, as listed in Table A Part II.

6. In addition to the fees mentioned above, sources may be subject to the fees of Table A Part I. 

The fees for construction review shall be based on the definitions of review levels in 34-035-3.

7. Modifications of existing, unexpired permits, which are instituted by the Authority due to 

changing conditions or standards, receipt of additional information or any other reason pursuant to 

applicable statutes and which do not require refiling or review of an application or plans and 

specifications, shall not require submittal of the filing fee or the application processing fee.

8. The annual compliance determination fee shall be paid at least thirty (30) days prior to the start 

of each subsequent permit year. Failure to remit the annual compliance determination fee on time 

shall be considered grounds for not issuing a permit or for terminating an existing permit. Also, 

such a failure is, in and of itself, a violation and may subject the permittee to enforcement 

procedures as defined in Title 15 of LRAPA Rules and Regulations.

9. If a permit is issued for a period of less than one year, the applicable annual compliance 

determination fee shall be equal to the full annual fee. If a permit is issued for a period greater 

than twelve (12) months, the applicable annual compliance determination fee shall be prorated by 

multiplying the annual compliance fee by the number of months covered by the permit and dividing 

by twelve (12).

10. If a temporary or conditional permit is issued in accordance with adopted procedure, fees 

submitted with the application shall be applied to the regular permit when it is granted or denied.

11. All fees shall be made payable to the Authority.

12. Table A Part II of this Title lists all air contaminant sources required to have a permit and the 

associated fee schedule.

13. The fees in LRAPA 34, Table A will increase by four (4) percent on July 1 of each year, 

beginning on July 1, 2001.

State effective: 6/13/2000; EPA effective: 10/2/2001; 66 FR 40616

TABLE A

AIR CONTAMINANT SOURCES AND ASSOCIATED FEE SCHEDULE

PART I

NOTE:Fees in A-I are in addition to any other applicable fees.
108

A. Late Payment 1.5 %

B. Ambient Monitoring Network Review $1,053

C. Modeling Review $2,340

D. Alternative Emission Control Review $1,755

E. Non-technical permit modification (name change, ownership transfer, 

similar)

$59

F. Construction Review (see 34-035 for definition of level of construction review)

(1) Level I $200

(2) Level II $2,210

(3) Level III $11,050

(4) Level IV $24,310

G. Elective Permits--Synthetic Minor Sources

(1) Permit application or modification (according to the fee in OAR 340-216-0090 

Table 1 Part I in effect at time of permitting action)

(2) Annual compliance assurance (according to the fee in OAR 340-216-0090 Table 1 

Part I in effect at time of permitting action)

H. Emission Banking Review

(1) Initial setup $1,000

(2) Annual review $500

I. Emission Offsetting Review $1,000

J. Filing $98

NOTE: Persons who operate boilers shall include fees as indicated in Items 58, 59, or 60 in Part II, 

in addition to fee for other applicable category.

State effective: 6/13/2000; EPA effective: 10/2/2001; 66 FR 40616

TABLE A

AIR CONTAMINANT SOURCES AND ASSOCIATED FEE SCHEDULE

PART II

Air Contaminant Source Standard Application Annual 
109

Industrial 

Classification 

Number

Processing 

Fee

Compliance 

Determination 

Fee

1. Seed cleaning located in Air Quality 

Maintenance Areas commercial 

operations only (not elsewhere 

classified)

0723 $721 $1,099

2. RESERVED

3. Flour and other grain mill products in 

Air Quality Maintenance Areas

(a) 10,000 or more tons per year 2041 $2,343 $2,162

(b) Less than 10,000 tons per year 2041 $1,802 $928

4. Cereal preparations in Air Quality 

Maintenance Areas

2043 $2,343 $1,559

5. Blended and prepared flour in Air 

Quality Maintenance Areas

(a) 10,000 or more tons per year 2045 $2,343 $1,559

(b) Less than 10,000 tons per year 2045 $1,802 $901

6. Prepared feeds for animals and fowl in 

Air Quality Maintenance Areas

(a) 10,000 or more tons per year 2048 $2,343 $2,162

(b) Less than 10,000 tons per year 2048 $1,442 $1,703

7. Beet sugar manufacturing 2063 $3,063 $10,730

8. Rendering plant

(a) 10,000 or more tons per year 2077 $2,883 $3,460

(b) Less than 10,000 tons per 2077 $2,162 $1,875

9. Coffee roasting

(a) less than 30 tons/year 2095 $399 $595

(b) 30 tons/year or more roasted

 product

2095 $1,442 $1,415
110

10. Sawmill and/or planing mill

(a) 25,000 or more board feet per 

shift

2421 $1,442 $2,162

(b) Less than 25,000 board feet per

 shift (no ODEQ equivalent)

2421 $480 $1,009

11. Hardwood mills (no ODEQ equivalent) 2426 $480 $1,354

12. Shake and shingle mills with air 

transfer systems (no ODEQ equivalent)

2429 $480 $511

13. Mill work (including kitchen cabinets 

and structural wood members) 25,000 

or more board feet per shift

2431, 2434 & 

2439

$1,081 $1,703

14. Plywood manufacturing and/or veneer 

drying

(a) 25,000 or more square feet per 

 hour (3/8" basis finished 

product)

2435 & 2436 $4,505 $4,361

(b) 10,000 or more but less than

 25,000 square feet per hour 

(3/8"

 basis finished product)

2435 & 2436 $3,244 $2,946

(c) less than 10,000 square feet per

 hour

3435 & 3436 $1,081 $1,559

15. Veneer manufacturing only (not

elsewhere classified) 

2435 & 2436 $1,081 $1,559

16. Wood preserving 2491 $2,002 $1,921

17. Particleboard manufacturing 

(including strandboard, flakeboard and 

waferboard)

(a) ≥ 10,000 sq.ft./hr--3/4" basis

 finished product 

2493 $4,505 $5,135

(b) < 10,000 sq.ft./hr--3/4" basis

 finished product 

2493 $2,162 $2,450

18. Hardboard manufacturing
111

(a) ≥ 10,000 sq.ft./hr--1/8" basis

 finished product

2493 $4,505 $4,217

(b) < 10,000 sq.ft./hr--1/8" basis

 finished product

2493 $2,162 $2,162

19. Battery separator manufacturing 3069 $1,802 $3,748

20. Furniture and fixture manufacturing

25,000 or more board feet/shift

2511 $1,081 $1,703

21. Pulp mills, paper mills and paperboard 

mills

2611, 2621 & 

2631

$9,009 $18,658

22. Building paper and building board 

mills

2661 $1,442 $1,415

23. Alkalies and chlorine manufacturing

(a) Simple * 2812 $2,523 $3,721

(b) Complex * 2812 $4,415 $4,955

24. Calcium carbide manufacturing

(a) Simple * 2819 $2,703 $3,721

(b) Complex * 2819 $4,730 $4,730

25. Nitric acid manufacturing

(a) Simple * 2819 $1,802 $1,875

(b) Complex * 2819 $3,154 $2,496

26. Ammonia manufacturing

(a) Simple * 2819 $1,802 $2,162

(b) Complex * 2819 $3,154 $2,883

27. Industrial inorganic and organic 

chemicals manufacturing (not 

elsewhere classified)

(a) Simple * 2819 & 2869 $2,343 $2,659

(b) Complex * 2819&2869 $4,100 $3,531

28. Synthetic resin manufacturing
112

(a) <250,000 Tons of Product Per Year 2821 $1,802 $2,162

(b) ≥250,000 Tons of Product Per Year 2821 $3,154 $2,883

29. Charcoal manufacturing 2861 $3,534 $4,505

30. Pesticide/Herbicide manufacturing 2879 $4,505 $18,658

31. Petroleum refining 2911 $9,009 $18,658

32. Asphalt production by distillation 2951 $1,802 $2,162

33. Asphalt blowing plants 2951 $1,802 $2,803

34. Asphaltic Concrete Paving Plants

(a) Stationary 2951 $1,001 $2,182

(b) Portable 2951 $1,001 $2,182

35. Asphalt felts or coating 2952 $901 $1,622

36. Blending, compounding or refining of 

lubricating oils and reprocessing of oils 

and solvents for fuel

2992 $1,622 $2,019

37. Glass container manufacturing 3221 $1,802 $2,659

38. Cement manufacturing 3241 & 3251 $5,765 $13,667

39. Concrete Manufacturing including 

Redimix and CTB

3271, 3272 & 

3273

$360 $577

40. Lime manufacturing 3274 $2,749 $1,415

41. Gypsum products 3275 $1,442 $1,559

42. Sand and Gravel Plants: Rock Crusher

(a) Stationary 1429, 1442, 

1446 & 3295

$1,870 $1,960

(b) Portable 1429, 1442, 

1446 & 3295

$1,370 $1,160

(c) Portable less than 150 Tons/hour

 maximum rated capacity (no

 ODEQ equivalent)

1429, 1442, 

1446 & 3295

 $450 $750

43. Steel works, rolling and finishing mills, 3312 & 3313 $4,505 $3,721
113

electrometallurgical products

44. Incinerators 4953 & 7261

(a) 250 or more ton/day capacity or an 

 off-site infectious waste 

incinerator

$21,622 $9,316

(b) 50 or more but less than 250

 tons/day capacity

$5,405 $2,829

(c) 0.5 or more but less than 50

 tons/day capacity

$901 $1,099

(d) crematoriums and pathological

 waste incinerators not elsewhere

 classified

$901 $1,099

(e) PCB and/or off-site hazardous

 waste incinerator

$21,622 $9,316

45. Gray iron and steel foundries, malleable 

iron foundries, steel investment 

foundries, steel foundries (not 

elsewhere classified)

3321, 3322, 

3324 & 3325

(a) 3,500 or more tons per year

 production

$4,505 $3,261

(b) Less than 3,500 tons per year

 production

$1,081 $1,703

46. Primary aluminum production 3334 $9,009 $18,658

47. Primary smelting of zirconium or 

hafnium or primary smelting and 

refining of other ferrous or non-ferrous 

metals not elsewhere classified

(a) ≥ 2,000 TPY production 3339 $9,009 $18,658

(b) < 2,000 TPY production 3339 $4,505 $3,117

48. Primary smelting of silicon 3339 $3,883 $8,749

49. Secondary smelting and refining of 

nonferrous metals

3341 $2,162 $2,162

50. Nonferrous metal foundries 3361, 3362 $1,081 $1,875
114

(100 or more tons/year metal charged) & 3369

51. RESERVED

52. Galvanizing and pipe coating--exclude

all other activities

3479 $901 $1,415

53. Battery manufacturing 3691 $1,090 $1,875

54. Grain elevators--intermediate storage 

only, located in Air Quality 

Maintenance Areas

(a) 20,000 or more tons per year 4221 $1,622 $2,946

(b) Less than 20,000 tons per year 4221 $901 $1,415

55. Electric power generation or 

cogeneration

(a) Solid fuel--25 MW or greater 4911 $36,036 $18,658

(b) Solid Fuel--less than 25 MW 4911 $17,067 $9,170

(c) Oil or gas fired 4911 $3,244 $4,505

56. Fuel burning Equipment at gas 

production and/or distribution facilities

4925 $3,424 $2,162

57. Grain elevators--terminal elevators

primarily engaged in buying and/or 

marketing grain in Air Quality 

Maintenance Areas

(a) 20,000 or more tons per year 5153 $4,505 $3,721

(b) Less than 20,000 tons per year 5153 $1,261 $1,415

58. Fuel-Burning Equipment (gas or oil), 

Aggregate Heat Input

(a) >250 million BTU/hr 4961 $2,753 $3,819

(b) >100 and <250 million BTU/hr 4961 $1,872 $1,730

(c) >10 and <100 million BTU/hr 4961 $1,228 $1,210

(d) <10 million BTU/hr 4961 $409 $434

(Note: ODEQ does not charge fees for gas-fired boilers)
115

59. Fuel-Burning Equipment Inside the 

AQMA (Wood or Coal Only) 

Aggregate Heat Input

(a) >250 million BTU/hr 4961 $4,352 $3,745

(b) >100 and <250 million BTU/hr 4961 $3,088 $2,877

(c) >10 and <100 million BTU/hr 4961 $2,244 $1,897

(d) <10 million BTU/hr 4961 $1,365 $1,252

60. Fuel-Burning Equipment Outside the 

AQMA (Wood or Coal Only) 

Aggregate Heat Input

(a) >250 million BTU/hr 4961 $3,274 $2,988

(b) >100 and <250 million BTU/hr 4961 $2,443 $2,641

(c) >10 and <100 million BTU/hr 4961 $1,476 $1,624

(d) <10 million BTU/hr 4961 $608 $1,327

61. Sources not listed herein which would 

emit 5 or more tons of PM10/year in a 

PM10 non-attainment area, or 10 or 

more tons per year of any criteria 

pollutant elsewhere in Lane County, 

including but not limited to: PM, 

SOx, NOx or Volatile Organic 

Compounds (VOC), if the source were 

to operate uncontrolled

(a) Complex * $16,216 $11,532

(b) Moderate $4,505 $2,019

(c) Simple * $1,081 $865

62. Sources not listed herein which would 

emit significant malodorous emissions 

as determined by Authority review of 

sources which are known to produce 

similar air contaminant emissions

(a) Problematic and/or High Risk ** $16,216 $11,532
116

(b) Moderate Concern ** $4,505 $2,019

(c) Marginal Concern ** $1,081 $865

63. Sources not listed herein for which an 

air quality problem is identified by the 

Authority, including but not limited to: 

open storage of dusty material and 

sandblasting operations

(a) Problematic and/or High Risk ** $16,216 $11,532

(b) Moderate Concern ** $4,505 $2,019

(c) Marginal Concern ** $1,081 $865

64. Bulk gasoline plants 5100 & $721 $928

65. Bulk gasoline terminals 5171 $7,207 $3,117

66. Volatile organic Liquid storage 

tanks--39,000 gallons or more capacity 

(not elsewhere classified)

4200, 5169 & 

5171 

$360/tank $640/tank

67. Can or drum coating

(a) ≥ 50,000 units/mon 3411 & 3412 $10,811 $5,595

(b) < 50,000 units/mon. 3411 & 3412 $721 $1,244

68. Paper or other substrate coating 2641 & 3861 $10,811 $5,595

69. Coating flat wood 2400 & 2672 $3,604 $1,875

70. Surface coating manufacturing

(a) 100 tons or more of VOC per year 2851 $3,604 $2,487

(b) 10 tons or more but less than 100

 tons/year VOC

2851 $1,081 $1,244

(c) Less than 10 tons VOC per year 2851 $360 $523

71. Flexographic or rotograveure printing

(a) ≥60 tons VOC per year 2751, 2754 & 

2759

$4,055 $3,604

(b) 10 tons or more but less than 60 2751, 2754 & $780 $1,680
117

 tons VOC per year per plant 2759

72. RESERVED

73. Minor sources of HAPs (not elsewhere 

classified) including area sources 

subject to federal NESHAPS rules 

under 112 of the federal Clean Air 

Act (except demolition or

renovation) 

$721 $901

74. Major sources of hazardous air 

pollutants (HAPs), including those 

subject to Maximum Available Control 

Technology (MACT) requirements 

(not elsewhere classified)

(a) Complex * $16,216 $11,532

(b) Moderate * $4,505 $2,019

75. Soil remediation Plants 

(a) Stationary 

 (emissions ≥ 10 Tons/year)

1799 $1,802 $1,703

(b) Portable 

 (emissions ≥ 10 Tons/year)

1799 $1,802 $1,703

(c) Stationary or Portable 

 (emissions < 10 tpy)

1799 $440 $733

* The Authority will assign a level of difficulty (complex, moderate, or simple) on the basis of 

the estimated time required for processing the permit application and compliance assurance 

activities. Factors considered in the determination will be: type of process; quality of the 

information provided by the applicant in regard to evaluation of emissions, regulatory requirements, 

and applicable emission controls; complexity of applicable requirements; number of sources in the 

permit; level of emissions; and un-addressed compliance issues.

Note: A filing fee of $98 is required for all sources.

State effective: 6/13/2000; EPA effective: 10/2/2001; 66 FR 40616
118

TITLE 38 - NEW SOURCE REVIEW

38-001 General Applicability

Any proposed construction of an air contaminant source (as defined in 38-005) or a modification 

of an air contaminant source must meet the requirements of this title. In addition, the owner or 

operator of a proposed source or modification must demonstrate that the proposed source or 

modification can comply with all additional requirements of the Authority, the Department of 

Environmental Quality and the U. S. EPA. The additional requirements may include, but are not 

limited to, new source performance standards, emission standards for hazardous air contaminants, 

and the obtaining of an Air Contaminant Discharge Permit.

State effective date: 2/13/1990; EPA effective date: 11/8/1993; 58 FR 47385

38-005 Definitions

The following definitions are relevant to this title. Additional general definitions can be found in 

Title 12.

1. "Actual Emissions" means the mass rate of emissions of a pollutant from an emission source.

A. In general, actual emissions as of the baseline period shall equal the average rate at which the 

source actually emitted the pollutant during the baseline period and which is representative of 

normal source operation. Actual emissions shall be calculated using the source's actual operating 

hours, production rates and types of materials processed, stored, or combusted during the selected 

time period.

B. The Authority may presume that existing source-specific permitted mass emissions for the 

source are equivalent to the actual emissions of the source, if they are within ten percent (10%) of 

the calculated actual emissions.

C. For any newly-permitted emission source which had not yet begun normal operation in the 

baseline period, actual emissions shall equal the potential to emit of the source.

2. "Air Contaminant Source" means, for the purposes of this title, any building, structure, or facility, 

or combination thereof, which emits or is capable of emitting air contaminants to the atmosphere. 

This definition does not include fuel-burning equipment used to heat one- or two-family dwellings 

or internal combustion engines used in motor vehicles, aircraft, and marine vessels.

3. "Baseline concentration" means that ambient concentration level for a particular regulated 

pollutant which existed in an area during the calendar year 1978. If no ambient air quality data is 

available in an area, the baseline concentration for any pollutant may be estimated using modeling 

based on actual emissions for the calendar year 1978. The following emissions increases or 

decreases will be included in the baseline concentration. 

A. Actual emission increases or decreases occurring before January 1, 1978, and
119

B. Actual emission increases from any major source or major modification on which construction 

commenced before January 6, 1975.

4. "Baseline Period" means either calendar years 1977 or 1978. The Authority shall allow the use 

of a prior time period upon a determination that it is more representative of normal source 

operation.

5. "Best Available Control Technology (BACT)" means an emission limitation (including a visible 

emission standard) based on the maximum degree of reduction of each air contaminant subject to 

regulation under the Clean Air Act which would be emitted from any proposed major source or 

major modification which, on a case-by-case basis, taking into account energy, environmental, and 

economic impacts and other costs, is achievable for such source or modification through application 

of production processes or available methods, systems, and techniques, including fuel cleaning or 

treatment or innovative fuel combustion techniques for control of such air contaminant. In no 

event shall the application of BACT result in emissions of any air contaminant which would exceed 

the emissions allowed by any applicable new source performance standard or any standard for 

hazardous air pollutants. If an emission limitation is not feasible, a design, equipment, work 

practice, or operational standard, or combination thereof, may be required. Such standard shall, to 

the degree possible, set forth the emission reduction achievable and shall provide for compliance by 

prescribing appropriate permit conditions.

6. "Lowest Achievable Emission Rate (LAER)" means that rate of emissions which reflects:

A. The most stringent emission limitation which is contained in the implementation plan of any 

state for such class or category of source, unless the owner or operator of the proposed source 

demonstrates that such limitations are not achievable, or

B. The most stringent emission limitation which is achieved in practice by such class or category of 

source, whichever is more stringent.

In no event shall the application of this term permit a proposed new or modified source to emit any 

air contaminant in excess of the amount allowable under applicable new source performance 

standards or standards for hazardous air pollutants.

7. "Major Modification" means any physical change or change of operation of a source that would 

result in a net significant emission rate increase (as defined in this ) for any pollutant subject to 

regulation under the Clean Air Act. This criteria also applies to any pollutants not previously 

emitted by the source. Calculations of net emission increases must take into account all 

accumulated increases and decreases (not including mandated decreases) in actual emissions 

occurring at the source since January 1, 1978, or since the time of the last major source or major 

modification approval issued for the source pursuant to the rules for that pollutant, whichever time 

is more recent. If accumulation of emission increases results in a net significant emission rate 

increase, the modifications causing such increases become subject to the major modification 
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requirements of this title, including the retrofit of required controls. For the purposes of this title, 

fugitive emissions shall be included in the calculation of emission rates of all air 

contaminants. Fugitive emissions are subject to the same control requirements and analyses 

required for emissions from identifiable stacks or vents. Secondary emissions shall not be included 

in calculations of potential emissions which are made to determine if a proposed source or 

modification is major. Once a source or modification is identified as being major, secondary 

emissions must be added to the primary emissions and become subject to these rules.

8. "Major Source" means a stationary source which emits, or has the potential to emit, any pollutant 

regulated under the Clean Air Act at a Significant Emission Rate (as defined in this ). For the 

purposes of this title, fugitive emissions shall be included in the calculation of emission rates of all 

air contaminants. Fugitive emissions are subject to the same control requirements and analyses 

required for emissions from identifiable stacks or vents. Secondary emissions shall not be included 

in calculations of potential emissions which are made to determine if a proposed source or 

modification is major. Once a source or modification is identified as being major, secondary 

emissions must be added to the primary emissions and become subject to these rules.

9. "Modification of an Air Contaminant Source" means any physical change or change in operation 

of a source which would result in a non-permitted increase in the air contaminant emissions from 

that source.

10. "Prevention of Significant Deterioration Increments" means maximum allowable ambient air 

quality impacts over baseline concentrations in areas designated Class I, II or III, as follows:

Micrograms Per Cubic Meter

Class I Class II Class III

Particulate Matter--

TSP Annual Geometric Mean 5 19 37

*TSP 24-Hour Maximum 10 37 75

Sulfur Dioxide--

Annual Arithmetic Mean 2 20 40

*24-Hour Maximum 5 91 182

*3-Hour Maximums 25 512 700

11. "Significant Air Quality Impact" means an ambient air quality impact which is equal to or 

greater than:
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Pollutant Averaging Time

Pollutant Annual 24-hour 8-hour 3-hour 1-hour

SO2 1.0 ug/m3 5 ug/m3 --- 25 ug/m3 ---

TSP or PM10 0.2 ug/m3 1.0 ug/m3 --- ---

NO2 1.0 ug/m3 --- --- --- ---

CO — --- 0.5 mg/m3 --- 2 mg/m3

For sources of volatile organic compounds (VOC), a major source or major modification will be 

deemed to have a significant impact if it is located within thirty (30) kilometers of an ozone 

nonattainment area and is capable of impacting the nonattainment area.

12. "Significant Emission Rate" means emission rates equal to or greater than the following for air 

pollutants regulated under the Clean Air Act:

 Pollutant Significant Emission 

Rate

Carbon Monoxide 100 tons/year 

Nitrogen Oxides 40 tons/year 

Particulate Matter 25 tons/year

PM10 15 tons/year

Sulfur Dioxide 40 tons/year 

Volatile Organic Compounds 40 tons/year 

Lead 0.6 ton/year 

Mercury 0.1 ton/year 

Beryllium 0.0004 ton/year 

Asbestos 0.007 ton/year 

Vinyl Chloride 1 ton/year 

Fluorides 3 tons/year 

Sulfuric Acid Mist 7 tons/year 

Total Reduced Sulfur (including hydrogen sulfide) 10 tons/year 
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Reduced Sulfur Compounds (including hydrogen 

sulfide)

10 tons/year

For pollutants not listed above, the Authority shall determine the rate that constitutes a significant 

emission rate.

Any emissions increase less than these rates associated with a new source or modification which 

would construct within ten (10) kilometers of a Class I area and would have an impact on such area 

equal to or greater than 1 ug/m3 (24-hour average) shall be deemed to be emitting at a significant 

emission rate.

State effective date: 2/13/1990; EPA effective date: 11/8/1993; 58 FR 47385

38-010 General Requirements for Major Sources and Major Modifications

1. Prior to construction of new major sources or major modifications, the owner or operator must 

obtain from the Director authority to construct or modify the source, and a permit to discharge air 

contaminants. These are issued only after review and approval of the application according to the 

requirements of this title.

2. The owner or operator of a proposed new major source or major modification shall submit an 

application on forms provided by the Authority, together with all information necessary to perform 

any analysis or make any determination required under these rules. Such information shall include, 

but not be limited to:

A. A description of the nature, location, design capacity, and typical operating schedule of the 

source or modification, including specifications and drawings showing its design and plant layout;

B. An estimate of the amount and type of each air contaminant emitted by the source in terms of 

hourly, daily, seasonal, and yearly rates, showing the calculation procedure;

C. A detailed schedule for construction of the source or modification;

D. A detailed description of the system of continuous emission reduction which is planned for the 

source or modification, and any other information necessary to determine that best available control 

technology or lowest achievable emission rate technology, whichever is applicable, would be 

applied;

E. To the extent required by these rules, an analysis of the air quality impact of the source or 

modification, including meteorological and topographical data, specific details of models used, and 

other information necessary to estimate air quality impacts; and

F. To the extent required by these rules, an analysis of the air quality impacts, and the nature and 

extent of all commercial, residential, industrial, and other growth which has occurred since January 

1, 1978, in the area the source or modification would affect.
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3. Any owner or operator who constructs or operates a source or modification not in accordance 

with the application submitted pursuant to these Rules or with the terms of any approval to 

construct, or any owner or operator of a source or modification subject to this who commences 

construction after the effective date of these regulations without applying for and receiving an air 

contaminant discharge permit, shall be subject to appropriate enforcement action.

4. Approval to construct shall become invalid if construction is not commenced within eighteen 

(18) months after receipt of such approval, if construction is discontinued for a period of eighteen 

(18) months or more, or if construction is not completed within eighteen (18) months of the 

scheduled time. The Authority may extend the eighteen (18) month period upon satisfactory 

showing that an extension is justified. This provision does not apply to the time period between 

construction of the approved phases of a phased construction project; each phase must commence 

construction within eighteen (18) months of its respective projected and approved commencement 

date.

5. Approval to construct shall not relieve any owner or operator of the responsibility to comply 

fully with applicable provisions of the State Implementation Plan and any other requirements under 

local, state, or federal law.

6. Within thirty (30) days after receipt of an application, or any addition to such application, the 

Authority shall advise the applicant of any deficiency in the application or in the information 

submitted. The date of the receipt of a complete application shall be, for the purpose of this , the 

date on which the Authority received all required information.

7. Notwithstanding the requirements of Title 34 of these rules, but as expeditiously as possible and 

at least within six (6) months after receipt of a complete application, the Authority shall make a 

final determination on the application. This involves performing the following actions in a timely 

manner:

A. Make a preliminary determination whether construction should be approved, approved with 

conditions, or disapproved.

B. Make available for a thirty (30) day period in at least one location a copy of the permit 

application, a copy of the preliminary determination, and a copy or summary of other materials, if 

any, considered in making the preliminary determination.

C. Notify the public, by advertisement in a newspaper of general circulation in the area in which the 

proposed source or modification would be constructed, of the application, the preliminary 

determination, the extent of growth increment consumption that is expected from the source or 

modification, and the opportunity for a public hearing and for written public comment.

D. Send a copy of the notice of opportunity for public comment to the applicant and to officials and 

agencies having jurisdiction over the location where the proposed construction would occur as 
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follows: The chief executives of the city and county where the source or modification would be 

located, any comprehensive regional land use planning agency, any state, federal land manager, or 

Indian governing body whose lands may be affected by emissions from the source or modification, 

the Oregon Department of Environmental Quality, and the U. S. Environmental Protection Agency.

E. Upon determination that significant interest exists, provide opportunity for a public hearing for 

interested persons to appear and submit written or oral comments on the air quality impact of the 

source or modification, alternatives to the source or modification, the control technology required, 

and other appropriate considerations. Any hearing shall be conducted pursuant to Title 14, 120.

F. Consider all written comments submitted within a time specified in the notice of public comment 

and all comments received at any public hearing(s) in making a final decision on the approvability 

of the application. No later than ten (10) working days after the close of the public comment period, 

the applicant may submit a written response to any comments submitted by the public. The 

Authority shall consider the applicant's response in making a final decision. The Authority shall 

make all comments available for public inspection in the same location where the Authority made 

available preconstruction information relating to the proposed source or modification.

G. Make a final determination whether construction should be approved, approved with conditions, 

or disapproved pursuant to this .

H. Notify the applicant in writing of the final determination and make such notification available 

for public inspection at the same location where the Authority made available preconstruction

information and public comments relating to the source or modification.

State effective date: 2/13/1990; EPA effective date: 11/8/1993; 58 FR 47385

38-015 Additional Requirements for Major Sources or Major Modifications Located in 

Nonattainment Areas

1. New major sources and major modifications which are located in designated nonattainment areas 

shall meet the following requirements:

A. The owner or operator of the proposed major source or major modification must demonstrate 

that the source or modification will comply with the lowest achievable emission rate (LAER) for 

each nonattainment pollutant. In the case of a major modification, the requirement for LAER shall 

apply only to each new or modified emission unit which increases emissions. For phased 

construction projects, the determination of LAER shall be reviewed at the latest reasonable time 

prior to commencement of construction of each independent phase.

B. The owner or operator of the proposed major source or major modification must demonstrate 

that all major sources owned or operated by such person (or by an entity controlling, controlled by, 

or under common control of such person) in the state are in compliance or on a schedule for 

compliance, with all applicable emission limitations and standards under the Clean Air Act.

C. The owner or operator of the proposed major source or major modification must demonstrate 

that the source or modification will provide emission reductions ("offsets") as specified by these 
125

Rules.

D. For cases in which emission reductions or offsets are required, the applicant must demonstrate 

that a net air quality benefit will be achieved in the affected area as described in 38-035 

(Requirements for Net Air Quality Benefit) and that the reductions are consistent with reasonable 

further progress toward attainment of the air quality standards.

E. An alternative analysis must be conducted for new major sources or major modifications of 

sources emitting volatile organic compounds or carbon monoxide locating in carbon monoxide or 

ozone nonattainment areas. The analysis must include an evaluation of alternative sites, sizes, 

production processes, and environmental control techniques for such proposed source or 

modification which demonstrates that benefits of the proposed source or modification significantly 

outweigh the environmental and social costs imposed as a result of its location, construction or 

modification.

State effective date: 2/13/1990; EPA effective date: 11/8/1993; 58 FR 47385

38-020 Additional Requirements for Major Sources or Major Modifications in Attainment or 

Unclassified Areas (Prevention of Significant Deterioration)

1. New major sources or major modifications locating in areas designated attainment or 

unclassifiable shall meet the following requirements:

A. The owner or operator of the proposed major source or major modification shall apply best 

available control technology (BACT) for each pollutant which is emitted at a significant emission 

rate (see 38-005). In the case of a major modification, the requirement for BACT shall apply 

only to each new or modified emission unit which increases emissions. For phased construction 

projects, the determination of BACT shall be reviewed at the latest reasonable time prior to 

commencement of construction of each independent phase.

B. The owner or operator of the proposed major source or major modification shall demonstrate that 

the potential to emit any pollutant at a significant emission rate, in conjunction with all other 

applicable emissions increases and decreases (including secondary emissions), would not cause or 

contribute to air quality levels in excess of:

(1) Any state or national ambient air quality standards, or

(2) Any applicable increment established by the prevention of significant deterioration requirements 

(see 38-005-10). (Note that the area classifications are found in OAR 340-31-120 through 

340-31-130.) or 

(3) An impact on a designated nonattainment area greater than the significant air quality impact

levels (see 38-005).

2. Sources or modifications with the potential to emit at rates greater than the significant emission 

rate but less than one hundred (100) tons/year, and which are greater than fifty (50) kilometers from 
126

a nonattainment area are not required to assess their impact on the nonattainment area.

3. If the owner or operator of a proposed major source or major modification wishes to provide 

emission offsets such that a net air quality benefit as defined in 38-035 is provided, the Authority 

may consider the requirements of 38-020-1.B. to have been met.

4. All estimates of ambient concentrations required under these Rules shall be based on the 

applicable air quality models, data bases, and other requirements specified in the "Guidelines on Air 

Quality Models (Revised)", EPA 450/2-780-027R U. S. EPA, September 1986, including 

Supplement A, July, 1987. Where an air quality impact model specified in the "Guidelines on Air 

Quality Models (Revised), including Supplement A," is inappropriate, the model may be modified 

or another model substituted. Such a change must be subject to notice and opportunity for public 

comment and must receive approval of the Authority and the Environmental Protection 

Agency. Methods like those outlined in the "Interim Procedures for Evaluating Air Quality Models 

(Revised)", U. S. EPA 1984, should be used to determine the comparability of air quality models.

5. The owner or operator of a proposed major source or major modification shall submit with the 

application, subject to approval of the Authority, an analysis of ambient air quality in the area of the 

proposed project. This analysis shall be conducted for each pollutant potentially emitted at a 

significant emission rate by the proposed source or modification. As necessary to establish 

ambient air quality levels, the analysis shall include continuous air quality monitoring data for any 

pollutant potentially emitted by the source or modification except for non-methane 

hydrocarbons. Such data shall relate to, and shall have been gathered over the year preceding 

receipt of the complete application, unless the owner or operator demonstrates that such data 

gathered over a portion or portions of that year or another representative year would be adequate to 

determine that the source or modification would not cause or contribute to a violation of an ambient 

air quality standard or any applicable increment. A possible exemption to the monitoring 

requirement is outlined in paragraph "B," below.

A. Air quality monitoring which is conducted pursuant to this requirement shall be conducted in 

accordance with 40 CFR 58 Appendix B., "Quality Assurance Requirements for Prevention of 

Significant Deterioration (PSD) Air Monitoring" and with other methods on file with the Authority.

B. The Authority may exempt a proposed major source or major modification from monitoring for a 

specific pollutant if the owner or operator demonstrates that the air quality impact from the 

emissions increase would be less than the amounts listed below or that the concentrations of the 

pollutant in the area that the source or modification would impact are less than these amounts:

(1) Carbon monoxide--575 ug/m3

, 8-hour average;

(2) Nitrogen dioxide--14 ug/m3

, annual average;

(3) Particulate Matter--10 ug/m3, 24-hour average for TSP, 10 ug/m3, 24-hour average for PM10;
127

(4) Sulfur dioxide--13 ug/m3

, 24-hour average;

(5) Ozone--any net increase of 100 tons/year or more of volatile organic compounds from a source 

of modification subject to PSD is required to perform an ambient impact analysis, including the 

gathering of ambient air quality data;

(6) Lead--0.1 ug/m3, 24-hour average;

(7) Mercury--0.25 ug/m3

, 24-hour average;

(8) Beryllium--0.0005 ug/m3, 24-hour average;

(9) Fluorides--0.25 ug/m3

, 24-hour average;

(10) Vinyl Chloride--15 ug/m3, 24-hour average;

(11) Total reduced sulfur--10 ug/m3, 1-hour average;

(12) Hydrogen Sulfide--0.04 ug/m3, 1-hour average;

(13) Reduced sulfur compounds--10 ug/m3

, 1-hour average;

C. When monitoring is required by 5.A, above, PM10 preconstruction monitoring shall be required 

according to the following transition program:

(1) Complete PSD applications submitted before May 31, 1988 shall not be required to perform 

new PM10 monitoring.

(2) Complete PSD application submitted after May 31, 1988, and before November 30, 1988, must 

use existing PM10 or other representative air quality data or collect PM10 monitoring data. The 

collected Data may come from non-reference sampling methods. At least four months of data 

must be collected which the Authority judges to include the season(s) of highest PM10 levels.

(3) Complete PSD applications submitted after November 30, 1988, must use reference sampling 

methods. At least four months of data must be collected which the Authority judges to include the 

season(s) of highest PM10 levels.)

D. The owner or operator of a proposed major source or major modification shall, after construction 

has been completed, conduct such ambient air quality monitoring as the Authority may require as a 

permit condition to establish the effect which emissions of a pollutant (other than nonmethane 

hydrocarbons) may have, or is having, on air quality in any area which such emissions would affect.

6. The owner or operator of a proposed major source or major modification shall provide an 

analysis of the impairment to visibility, soils and vegetation that would occur as a result of the 
128

source or modification and general commercial, residential, industrial and other growth associated 

with the source or modification. The owner or operator may be exempted from providing an 

analysis of the impact on vegetation having no significant commercial or recreational value.

7. The owner or operator shall provide an analysis of the air quality concentration projected for the 

area as a result of general commercial, residential, industrial and other growth associated with the 

major source or modification.

8. Where a proposed major source or major modification impacts or may impact a Class I area, the 

Authority shall provide notice to the Environmental Protection Agency and to the appropriate 

Federal Land Manager of the receipt of such permit application and of any preliminary and final 

actions taken with regard to such application. The Federal Land Manager shall be provided an 

opportunity in accordance with 38-010 to present a demonstration that the emissions from the 

proposed source or modification would have an adverse impact on the air-quality-related values 

(including visibility) of any federal mandatory Class I lands, notwithstanding that the change in air 

quality resulting from emissions from such source or modification would not cause or contribute to 

concentrations which would exceed the maximum allowable increment for a Class I area. If the 

Authority concurs with such demonstration, the permit shall not be issued.

State effective date: 2/13/1990; EPA effective date: 11/8/1993; 58 FR 47385

38-025 Exemptions for Major Sources and Major Modifications

1. Resource recovery facilities burning municipal refuse and sources subject to federally-mandated 

fuel switches may be exempted by the Authority from requirements of 38-015-1.C and 1.D, 

provided that:

A. No growth increment is available for allocation to such source or modification, and 

B. The owner or operator of such source or modification demonstrates that every effort was made to 

obtain sufficient offsets and that every available offset was secured.

(Such an exemption may result in a need to revise the State Implementation Plan to require 

additional control of existing sources.)

2. Temporary emission sources, which would be in operation at a site for less than two years, such 

as pilot plants and portable facilities, and emissions resulting from the construction phase of a new 

source or modification, must comply with 38-015-1.A and 1.B, or 38-020-1.A, whichever is 

applicable, but are exempt from the remaining requirements of 38-015 and 38-020, provided 

that the source or modification would impact no Class I area or no area where an applicable 

increment is known to be violated.

3. Proposed increases in hours of operation or production rates, which would cause emission 

increases above the levels allowed in an air contaminant discharge permit and would not involve a 

physical change in the source, may be exempted from the requirement of 38-020-1.A (Best 

Available Control Technology) provided that the increases cause no exceedances of an increment or 
129

standard and that the net impact on a nonattainment area is less than the significant air quality 

impact levels. This exemption shall not be allowed for new sources or modifications that received 

permits to construct after January 1, 1978.

State effective date: 2/13/1990; EPA effective date: 11/8/1993; 58 FR 47385

38-030 Baseline for Determining Credits for Offsets

The baseline for determining credit for emission offsets shall be the Plant Site Emission Limit as 

established in these Rules or, in the absence of a Plant Site Emission Limit, the actual emission rate 

for the source providing the offsets. Sources in violation of air quality emission limitations may 

not supply offsets from those emissions which are or were in excess of permitted emission rates. 

Offsets, including offsets from mobile and area source categories, must be quantifiable and 

enforceable before the Air Contaminant Discharge Permit is issued and must be demonstrated to 

remain in effect throughout the life of the proposed source or modification.

State effective date: 2/13/1990; EPA effective date: 11/8/1993; 58 FR 47385

38-035 Requirements for Net Air Quality Benefit for Major Sources and Major Modifications

1. A demonstration must be provided showing that the proposed offsets will improve air quality in 

the same geographical area affected by the new source or modification. This demonstration may 

require that air quality modeling be conducted according to the procedures specified in the 

"Guidelines on Air Quality Models (Revised)," including Supplement A. Offsets for volatile 

organic compounds or nitrogen oxides shall be within the same general air basin as the proposed 

source. Offsets for total suspended particulate, PM10, sulfur dioxide, carbon monoxide and other 

pollutants shall be within the area of significant air quality impact.

2. For new sources or modifications having a significant air quality impact within a designated 

nonattainment area or that will cause or contribute to a violation of the ambient air quality standards 

or exceed the PSD increments, the emission offsets must provide reductions which are equivalent or 

greater than the proposed increases. The offsets must be appropriate in terms of short-term, 

seasonal, and yearly time periods to mitigate the impacts of the proposed emissions. For new 

sources or modifications locating outside of a designated nonattainment area, which have a 

significant air quality impact on the nonattainment areas, the emissions offsets must be sufficient to 

reduce impacts to levels below the significant air quality impact level within the nonattainment 

area. Proposed major sources or major modifications which emit volatile organic compounds and 

are located in or within thirty (30) kilometers of an ozone nonattainment area shall provide 

reductions which are equivalent or greater than the proposed emission increases. An exemption 

will be granted for those sources located outside the AQMA if the applicant demonstrates that the 

proposed emissions will not impact the nonattainment area.

3. The emission reductions must be of the same type of pollutant as the emissions from the new 

source or modification. Sources of PM10 must be offset with particulate in the same size 

range. In areas where atmospheric reactions contribute to pollutant levels, offsets may be provided 

from precursor pollutants if a net air quality benefit can be shown.
130

4. The emission reductions must be contemporaneous; that is, the reductions must take effect prior 

to the time of startup but not more than one year prior to the submittal of a complete permit 

application for the new source or modification. This time limitation may be extended as provided 

for in 38-040 (Emission Reduction Credit Banking). In the case of replacement facilities, the 

Authority may allow simultaneous operation of the old and new facilities during the startup period 

of the new facility, provided that net emissions are not increased during that time period.

State effective date: 2/13/1990; EPA effective date: 11/8/1993; 58 FR 47385

38-040 Emission Reduction Credit Banking

1. The owner or operator of a source of air pollution who wishes to reduce emissions by 

implementing more stringent controls than required by a permit, or an applicable regulation, may 

bank such emission reductions (except any such emission reduction attributable to facilities for 

which tax credit has been received on or after January 1, 1981, may be banked or used for 

contemporaneous offsets but may not be sold without reimbursement of the tax credits). Cities, 

counties or other local jurisdictions may participate in the emissions bank in the same manner as a

private firm.

2. Emission reduction credit banking shall be subject to the following conditions:

A. To be eligible for banking, emission reduction credits must be in terms of actual emission 

decreases resulting from permanent continuous control of existing sources. The baseline for 

determining emission reduction credits shall be the actual emissions of the source or the Plant Site 

Emission Limit established pursuant to these Rules.

B. Emission reductions may be banked for a specified period not to exceed ten (10) years unless 

extended by the Authority, after which time such reductions will revert to the Authority for use in 

attainment and maintenance of air quality standards or to be allocated as a growth margin.

C. Emission reductions which are required pursuant to an adopted rule shall not be banked.

D. Permanent source shutdowns or curtailments other than those used within one year for 

contemporaneous offsets, as provided in 38-035-4, are not eligible for banking by the owner or 

operator but will be banked by the Authority for use in attaining and maintaining standards. The 

Authority may allocate these emission reductions as a growth increment. The one (1) year 

limitation for contemporaneous offsets shall not be applicable to those shutdowns or curtailments 

which are to be used as internal offsets within a plant as part of a specific plan. Such a plan for use 

of internal offsets shall be submitted to the Authority and receive written approval within one (1) 

year of the permanent shutdown or curtailment. A permanent source shutdown or curtailment shall 

be considered to have occurred when a permit is modified, revoked or expires without renewal, 

pursuant to the criteria established in Title 34.

E. The amount of banked emission reduction credits shall be discounted without compensation to 

the holder for a particular source category when new regulations requiring emission reductions are 
131

adopted by the Authority. The amount of discounting of banked emission reduction credits shall 

be calculated on the same basis as the reductions required for existing sources which are subject to 

the new regulation. Banked emission reduction credits shall be subject to the same rules, 

procedures, and limitations as permitted emissions.

3. Emission reductions must be in the amount of five (5) tons/year or more to be creditable for 

banking.

4. Requests for emission reduction credit banking must be submitted in writing to the Authority and 

must contain the following documentation:

A. A detailed description of the processes controlled;

B. Emission calculations showing the types and amounts of actual emissions reduced;

C. The date or dates of such reductions;

D. Identification of the probable uses to which the banked reductions are to be applied;

E. Procedure by which such emission reductions can be rendered permanent and enforceable.

5. Requests for emission reduction credit banking shall be submitted to the Authority prior to or 

within the year following the actual emissions reduction. The Authority shall approve or deny 

requests for emission reduction credit banking and, in the case of approvals, shall issue a letter to 

the owner or operator defining the terms of such banking. The Authority shall take steps to insure 

the permanence and enforceability of the banked emission reductions by including appropriate 

conditions in air contaminant discharge permits or by appropriate revision of the State 

Implementation Plan.

6. The Authority shall provide for the allocation of the banked emission reduction credits, in 

accordance with the uses specified by the holder of the emission reduction credits. When emission 

reduction credits are transferred, the Authority must be notified in writing. Any use of emission 

reduction credits must be compatible with local comprehensive plans, statewide planning goals, 

state laws and these Rules.

7. Operators of existing sources requesting emission reduction credit for banking shall at the time of 

application pay the following fees:

A. Request for credit for any air contaminant of five (5) tons/year, but less than the rate equal to the 

significant emissions rate as defined in 38-005:

(1) A filing fee of $75;

(2) An application processing fee of $250;
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(3) An annual recordkeeping fee of $100.

B. Request for credit for any air contaminant of a rate equal to or greater than a significant emission 

rate as defined in 38-005:

(1) A filing fee of $75;

(2) An application processing fee of $500;

(3) An annual recordkeeping fee of $100.

State effective date: 2/13/1990; EPA effective date: 11/8/1993; 58 FR 47385

38-045 Requirements for Non-Major Sources and Non-Major Modifications

1. The owner or operator of a proposed non- major source or non-major modification shall submit 

to the Director all information necessary to perform any analysis or make any determination 

required b these rules. Such information shall include the following:

A. Plans and specifications for ay proposed new equipment or proposed modifications to existing 

equipment drawn in accordance with acceptable engineering practices;

B. A description of the process and a related flow chart;

C. An estimation of the amount and type of air contaminants to be emitted by the proposed new 

source or modification;

D. Any additional information which may be required by the Authority.

2. Within sixty (60) days of receipt of all required information, the Authority shall make a 

determination as to whether the proposed new source of modification is in accordance with the 

provisions of these rules.

A. If the proposed construction is found to be in accordance with the provisions of these rules, the 

Authority shall issue a “Notice to Proceed” with construction. This issuance shall not relieve the 

owner or operator of the obligation of complying with all other titles of these rules.

B. If the proposed construction is found not to be in accordance with the provisions of these rules, 

the Director may issue an order prohibiting construction. Failure to issue the order within the 

sixty (60) day period shall be considered a determination that the construction may proceed in 

accordance with the information provided in the application.

C. Any person against whom an order prohibiting construction is issued may, within twenty (20) 

days from the date of mailing of the order, demand a hearing. The demand shall be in writing, 

shall state the grounds for a hearing, and shall be conducted as a contested case pursuant to Title 14.
133

D. Deviation from approved plans or specification, without the written permission of the Director, 

shall constitute a violation of these rules.

E. The Authority may require any order or other notice to be displayed on the premises designated. 

No person shall mutilate, alter, or remove such order or notice unless authorized to do so by the 

Authority.

3. Notice shall be provided in writing to the Authority of the completion of construction and the 

date when operation will commence. The Authority following receipt of the notice of completion, 

shall inspect the premises.

State effective date: 2/13/1990; EPA effective date: 11/8/1993; 58 FR 47385

38-050 Stack Height and Dispersion Techniques

1. Title 40, Code of Federal Regulation, Parts 51.100(ff) through (kk), 51.118(a) and (b), and 

51.164, as amended on November 7, 1986 in the Federal Register (51 FR 40656), is by this 

reference adopted and incorporated herein, concerning stack heights and dispersion techniques.

2. In general, the rule prohibits the use of excessive stack height and certain dispersion techniques 

when calculating compliance with ambient air quality standards. The rule does not forbid the 

construction and actual use of excessively tall stacks, nor use of dispersion techniques; it only 

forbids their use in compliance calculations.

3. The rule has the following general applicability. With respect to the use of excessive stack 

height, stacks 65 meters high or higher, constructed after December 31, 1970, and major 

modifications to existing plants after December 31, 1970 with stacks 65 meters high or higher 

which were constructed before that date, are subject to this rule, with the exception that certain 

stacks at federally-owned, coal-fired steam electric generating units constructed under a contract 

awarded before February 8, 1974, are exempt. With respect to the use of dispersion techniques, 

any technique implemented after December 31, 1970, at any plant, is subject to this rule. However, 

if the plant's total allowable emissions of sulfur dioxide are less than 5,000 tons per year, then 

certain dispersion techniques to increase final exhaust gas plume rise are permitted to be used when 

calculating compliance with ambient air quality standards for sulfur dioxide.

A. Where found in the federal rule, the term "reviewing agency" means the Lane Regional Air 

Pollution Authority (LRAPA), the Oregon Department of Environmental Quality (DEQ), or the U. 

S. Environmental Protection Agency (EPA), as applicable.

B. Where found in the federal rule, the term "authority administering the State Implementation 

Plan" means LRAPA, DEQ or EPA.

C. The "procedures" referred to in 40 CFR 51.164 are the New Source Review procedures at 

LRAPA (Title 38), and the review procedures for new, or modifications to, minor sources at 

LRAPA (Title 34 and Rule 38-045). 
134

D. Where "the State" or "State, or local control agency" is referred to in 40 CFR 51.118(a), it means 

DEQ or LRAPA.

E. Where 40 CFR 51.100 refers to the Prevention of Significant Deterioration program and cites 40 

CFR 51.166, it means the EPA-approved new source review rules of LRAPA (see 40 CFR 

52.1987), where they cover Prevention of Significant Deterioration.

4. Where found in the federal rule, the terms "applicable state implementation plan" and "plan" 

refer to the programs and rules of LRAPA, as approved by the Oregon Environmental Quality 

Commission (EQC) or EPA, or any EPA-promulgated regulations (see 40 CFR Part 52, Subpart 

MM).

5. Publications incorporated by reference in this rule are available from the office of the Lane 

Regional Air Pollution Authority.

State effective date: 2/13/1990; EPA effective date: 11/8/1993; 58 FR 47385

TITLE 39 - CONTINGENCY FOR PM10 SOURCES IN EUGENE-SPRINGFIELD 

NON-ATTAINMENT AREA

39-001 Purpose

Section 172 of the Clean Air Act, as amended, requires that specific measures be undertaken in a 

non-attainment area if the area fails to attain the national primary ambient air quality standard by 

the applicable attainment date. Such measures are to take effect without further action by LRAPA. 

The purpose of these rules is to establish contingency measures for significant industrial and area 

sources of PM10 which will become effective in the Eugene-Springfield PM10 non-attainment area 

if the area fails to attain the national primary ambient air quality standard for PM10 by December 

31, 1994.

State effective date: 11/13/1991; EPA effective date: 10/24/1994; 59 FR 43483

39-005 Relation to Other Rules

Sections 39-001 through 39-060 shall apply in addition to all other LRAPA rules. The adoption of 

these rules shall not, in any way, affect the applicability of all other LRAPA rules, and the latter 

shall remain in full force and effect, except as expressly provided otherwise. In cases of apparent 

conflict, the most stringent rule shall apply.

State effective date: 11/13/1991; EPA effective date: 10/24/1994; 59 FR 43483

39-010 Applicability

Sections 39-001 through 39-060 shall apply to the Eugene-Springfield PM10 non-attainment area 

upon publication by EPA of notice in the Federal Register that the area has failed to attain the 

national ambient air quality standard for PM10 after December 31, 1994.

State effective date: 11/13/1991; EPA effective date: 10/24/1994; 59 FR 43483

39-015 Definitions
135

As used in s 39-001 through 39-060, unless otherwise required by context:

1. "Air Conveying System" means an air moving device, such as a fan or blower, associated 

ductwork, and a cyclone or other collection device, the purpose of which is to move material from 

one point to another by entrainment in a moving air stream.

2. "Average Operating Opacity" means the opacity of emissions determined using EPA method 9 

on three days within a 12-month period which are separated from each other by at least 30 days. 

A violation of the average operating opacity limitation is judged to have occurred if the opacity of 

emissions on each of the three days is greater than the specified average operating opacity 

limitation.

3. "Collection Efficiency" means the overall performance of the air cleaning device in terms of ratio 

of weight of material collected to total weight of input to the collector.

4. "Contingency Requirements" means the requirements of s 39-001 through 39-060.

5. "Department" means the Oregon Department of Environmental Quality.

6. "Design Criteria" means the numerical as well as narrative description of the basis of design 

including, but not necessarily limited to, design flow rates, temperatures, humidities, descriptions of 

the types and chemical species of contaminants, uncontrolled and expected controlled mass 

emission rates and concentrations, scopes of any vendor-supplied and owner-supplied equipment 

and utilities, and a description of any operational controls.

7. "EPA" means the United States Environmental Protection Agency.

8. "EPA Method 9" means the method for Visual Determination of the Opacity of Emissions From 

Stationary Sources as promulgated by the U.S. Environmental Protection Agency in Title 40 of the 

Code of Federal Regulations, Part 60, Appendix A, Method 9.

9. "Fugitive Emissions" means dust, fumes, gases, mist, odorous matter, vapors, or any combination 

thereof not easily given to measurement, collection and treatment by conventional pollution control 

methods.

10. "General Arrangement" in the context of the compliance schedule requirements in this division, 

means drawings or reproductions which show, as a minimum, the size and location of equipment 

served by the emission-control system, the location and elevation above grade of the ultimate point 

of contaminant emission to the atmosphere, and the diameter of the emission vent.

11. "Kraft Mill" or "Mill" means any industrial operation which uses for a cooking liquor an 

alkaline sulfide solution containing sodium hydroxide and sodium sulfide in its pulping process.

12. "Lime Kiln" means any production device in which calcium carbonate is thermally converted to 

calcium oxide.

13. "Maximum Opacity" means the opacity as determined by EPA Method 9 (average of 24 
136

consecutive observations).

14. "Particleboard" means mat-formed flat panels consisting of wood particles bonded together with 

synthetic resin or other suitable binder.

15. "Particulate Matter" means all solid or liquid material, other than uncombined water, emitted to 

the ambient air as measured in accordance with the Department Source Test Manual. Particulate 

matter emission determinations shall consist of the average of three separate consecutive runs. For 

sources tested using DEQ Method 5 or DEQ method 7, each run shall have a minimum sampling 

time of one hour, a maximum sampling time of eight hours, and a minimum sampling volume of 

31.8 dscf. For sources tested using DEQ Method 8, each run shall be sampled isokinetically, shall 

have a minimum sampling time of 15 minutes and shall collect a minimum particulate sample of 

100 mg. Wood waste boilers shall be tested with DEQ Method 5; veneer dryers, wood particle 

dryers and fiber dryers shall be tested with DEQ Method 7; and air conveying systems shall be 

tested with DEQ Method 8; pulp mills shall be tested with DEQ method 5, except that water shall 

be used instead of acetone as the clean-up solvent.

16. "Plywood" means a flat panel built generally of an odd number of thin sheets of veneers of 

wood in which the grain direction of each ply or layer is at right angles to the one adjacent to it.

17. "Veneer" means a single flat panel of wood not exceeding 1/4 inch in thickness formed by 

slicing or peeling from a log.

18. "Veneer Dryer" means equipment in which veneer is dried.

State effective date: 11/13/1991; EPA effective date: 10/24/1994; 59 FR 43483

39-020 Compliance Schedule for Existing Sources

1. Except as provided in Sub 2 of this rule, compliance with applicable contingency requirements 

for a source that is located in the Eugene-Springfield non-attainment area prior to the date the 

contingency requirements first apply shall be demonstrated as expeditiously as possible, but in no 

case later than the following schedules:

A. No later than three months of the date the contingency requirements first apply, the owner or 

operator shall submit Design Criteria and general specifications for emission control systems for 

Authority review and approval;

B. No later than three months of receiving the Authority's approval of the Design Criteria, the 

owner or operator shall submit to the Authority a General Arrangement and copies of purchase 

orders for any emission control devices, and apply for Authority to Construct the Facility;

C. No later than eight months of receiving the Authority's approval of the Design Criteria, the 

owner or operator shall submit to the Authority vendor drawings as approved for construction of 

any emission control devices and specifications of any other major equipment in the emission 

control system in sufficient detail to demonstrate that the requirements of the Design Criteria will 

be satisfied;
137

D. No later than nine months of receiving the Authority's approval of the Design Criteria, the owner 

or operator shall begin construction of any emission control devices;

E. No later than sixteen months of receiving the Authority's approval of Design Criteria, the owner 

or operator shall complete construction in accordance with the Design Criteria;

F. No later than twenty four months of receiving the Authority's approval of Design Criteria, but no 

later than thirty months from the date the contingency requirements first apply, the owner or 

operator shall demonstrate compliance with the applicable contingency requirements.

G. The dates in subs A through F may be changed only upon written approval of the Authority.

2. Sub 1 of this rule shall not apply if the owner or operator has demonstrated, within six months of 

the date the contingency requirements first apply, that the source is capable of being operated and is 

operated in continuous compliance with applicable contingency requirements; the Authority has 

agreed with the demonstration in writing; and the applicable contingency requirements have been 

incorporated into the Air Contaminant Discharge Permit issued to the source.

State effective date: 11/13/1991; EPA effective date: 10/24/1994; 59 FR 43483

39-025 Wood-Waste Boilers

No person shall cause or permit the emission into the atmosphere from any wood-waste boiler that 

is located on a plant site where the total heat input capacity from all woodwaste boilers is less than 

35 million BTU/hr unless the boiler(s) are equipped with emission control equipment which:

1. Limits emissions of particulate matter to 0.05 grains per standard cubic foot, corrected to 12% 

CO2;

2. Limits visible emissions such that the opacity does not exceed 20% for more than an aggregate of 

3 minutes in any one hour. Specific opacity limits shall be included in the ACD permit for each 

affected emission point.

State effective date: 11/13/1991; EPA effective date: 10/24/1994; 59 FR 43483

39-030 Veneer Dryers

No person shall operate any veneer dryer such that visible air contaminants emitted from any dryer 

stack or emission point exceed:

1. An average operating opacity of 10%; and

2. A maximum opacity of 20%, unless the permittee demonstrates by source test that the emission 

limits in subs 3 through 6 of this can be achieved at higher visible emissions than specified in 

subs 1 and 2 of this , in which case the emissions shall not exceed the visible air contaminant 

limitations of LRAPA 32-010.3.b. Allowable opacity limits shall be included in the Air 

Contaminant Discharge Permit for each affected emission point.

3. 0.30 pounds per 1,000 square feet of veneer dried (3/8" basis) for direct natural gas or propane 
138

fired veneer dryers;

4. 0.30 pounds per 1,000 square feet of veneer dried (3/8" basis) for steam heated veneer dryers;

5. 0.40 pounds per 1,000 square feet of veneer dried (3/8" basis) for direct wood fired veneer dryers 

using fuel which has a moisture content by weight less than 20%;

6. 0.45 pounds per 1,000 square feet of veneer dried (3/8" basis) for direct wood fired veneer dryers 

using fuel which has a moisture content by weight greater than 20%;

7. In addition to subs 5 and 6 of this, 0.20 pounds per 1,000 pounds of steam generated.

State effective date: 11/13/1991; EPA effective date: 10/24/1994; 59 FR 43483

39-035 Particleboard Plants and Wood Particle Dryers

1. No person shall cause or permit the total emission of particulate matter from all wood particle 

dryers at a particleboard plant site to exceed 0.40 pounds per 1,000 square feet of board produced 

by the plant on a 3/4" basis of finished product equivalent.

2. No person shall cause or permit the visible emissions from the wood particle dryers at a 

particleboard plant to exceed 10% opacity for more than an aggregate of 3 minutes in any one hour, 

unless the permittee demonstrates by source test that the particulate matter emission limit in (1) 

can be achieved at high visible emissions, but in no case shall emissions equal or exceed 20% 

opacity for more than an aggregate of 3 minutes in any one hour. Specific opacity limits shall be 

included in the Air Contaminant Discharge Permit for each affected source.

State effective date: 11/13/1991; EPA effective date: 10/24/1994; 59 FR 43483

39-040 Kraft Pulp Mills

No person shall cause or permit the emission of particulate matter from kraft pulp mills in excess of 

the following:

1. Recovery furnaces;

A. 0.044 gr/dscf, corrected to 8% O2, and,

B. 35% opacity.

2. Lime Kilns

A. Gas fired, 0.067 gr/dscf, corrected to 10% O2

B. Liquid fossil fuel fired, 0.13 gr/dscf, corrected to 10% O2

3. Smelt dissolving tanks, 0.2 lb/ton of black liquor solids (BLS), dry weight.

State effective date: 11/13/1991; EPA effective date: 10/24/1994; 59 FR 43483
139

39-050 Air Conveying Systems

1. No person shall cause or permit the emission of particulate matter in excess of 0.1 grains per 

standard cubic foot from any air conveying systems emitting less than or equal to 10 tons per year 

of particulate matter to the atmosphere at the time of adoption of this rule. 

2. All air conveying systems emitting greater than 10 tons per year of particulate matter to the 

atmosphere at the time adoption of this rule shall be equipped with a control system with a 

collection efficiency of at least 98.5%.

3. No person shall cause or permit the emission of an air contaminant which is equal to or greater 

than 5% opacity from any air conveying system subject to this .

State effective date: 11/13/1991; EPA effective date: 10/24/1994; 59 FR 43483

39-055 Fugitive Dust

1. Construction sites for commercial, industrial or residential subdivisions within the 

Eugene-Springfield non-attainment area shall provide paved trackout strips or mud cleaning 

stations on site to reduce mud trackout onto public roads.

State effective date: 11/13/1991; EPA effective date: 10/24/1994; 59 FR 43483

39-060 Open Burning

No person shall cause or permit open burning within the Eugene-Springfield non-attainment area.

State effective date: 11/13/1991; EPA effective date: 10/24/1994; 59 FR 43483

TITLE 47 - RULES FOR OPEN OUTDOOR BURNING

47-001 General Policy

In order to restore and maintain Lane County air quality in a condition as free from air pollution as is 

practicable, consistent with the overall public welfare of the County, it is the policy of the Lane 

Regional Air Pollution Authority to eliminate open burning disposal practices where alternative 

disposal methods are feasible. As a result, all open burning is prohibited in Lane County except as 

expressly allowed by these rules or if exempted from these rules by Oregon Statute. Contained in 

these rules are the requirements for the open outdoor burning of residential, construction, demolition, 

commercial, and industrial waste.

State effective date: 8/14/1984; EPA effective date: 11/8/1993; 58 FR 47385

47-005 Statutory Exemptions from These Rules

Due to Oregon statutory exemptions, these rules shall not apply to the following:
140

1. The operation of residential barbecue equipment for the purpose of cooking food for human 

consumption.

2. Fires set or permitted by any public agency in the performance of its official duty for the purpose 

of weed abatement, prevention or elimination of a fire hazard, a hazard to public health or safety, or 

for the instruction of employees in the methods of fire fighting.

3. Agricultural open burning.

4. Open burning on forest land permitted under the Forest Practices Smoke Management Plan filed 

with the Secretary of State. 

State effective date: 8/14/1984; EPA effective date: 11/8/1993; 58 FR 47385

47-010 Definitions

The following definitions apply to this title, and additional general definitions can be found in Title 

12 of these Rules and Regulations.

1. "Agricultural open burning" means the open burning of "agricultural wastes," which are materials 

actually generated or used by an agricultural operation.

2. "Commercial open burning" means the open burning of "commercial wastes," which are materials 

actually generated or used by a commercial operation.

3. "Construction open burning" means the open burning of "construction wastes," which are materials 

actually resulting from or produced by a building or construction project.

4. "Demolition open burning" means the open burning of "demolition wastes," which are materials 

actually resulting from or produced by the complete or partial destruction or tearing down of any 

man-made structure or the clearing of any site, or land clearing for site preparation for development.

5. "Eugene-Springfield Urban Growth Area (ESUGA)" means the area within and around the cities of 

Eugene and Springfield, as described in the August 23, 1982 acknowledged Eugene-Springfield 

Metropolitan Area General Plan, as amended.

6. "Residential open burning" means the open burning of clean wood, and woody yard trimmings and 

prunings which are actually generated in or around a dwelling for four (4) or fewer family living 

units. Once this material is removed from the property of origin it becomes commercial waste. 

Such materials actually generated in or around a dwelling of more than four (4) family living units are 

commercial wastes.

7. "Garbage" means putrescible animal and vegetable wastes resulting from the handling, 

preparation, cooking, and serving of food.

8. "Industrial open burning" means the open burning of "industrial wastes," which are materials 
141

produced as a direct result of any manufacturing or industrial process.

9. "Land clearing" means the removal of trees, brush, logs, stumps, debris, or man-made structures 

for the purpose of site clean-up or site preparation.

10. "Leaves" means needle or leaf materials which have fallen from trees, shrubs, or plants on the 

property around a dwelling unit.

11. "Open outdoor burning" includes burning in open outdoor fires, burn barrels, incinerators which 

do not meet emission limitations specified in 33-010 of these Rules and Regulations, and any other 

outdoor burning which occurs in such a manner that combustion air is not effectively controlled and 

combustion products are not effectively vented through a stack or chimney.

12. "Responsible person" means each person who is in ownership, control, or custody of the property 

on which the open burning occurs, including any tenant thereof; or who is in ownership, control, or 

custody of the materials which are burned; or any person who causes or allows open burning to be 

initiated or maintained.

13. "Woody Yard Trimmings" means woody limbs, branches and twigs, with any attached leaves, 

which have been cut from or fallen from trees or shrubs from the property around a dwelling unit.

State effective date: 1/1/1993; EPA effective date: 3/13/1995; 60 FR 2690

47-015 Open Burning Requirements

1. General requirements to be met by all open burning conducted in accordance with these Rules and 

Regulations:

A. All open burning shall be constantly attended by a responsible person or an expressly authorized 

agent, until extinguished.

B. It shall be the duty of each responsible person to promptly extinguish any burning which is in 

violation of any rule of the LRAPA Board or of any permit issued by the Authority.

C. No person shall cause, or allow to be initiated or maintained, any open burning which is prohibited 

by the burning advisory because of meteorological or air quality conditions.

D. No person shall cause, or allow to be initiated or maintained, any open burning which creates a 

private or public nuisance or a hazard to public safety.

E. No person shall cause, or allow to be initiated or maintained, open burning of any garbage, plastics, 

wire insulation, automobile parts, asphalt, petroleum by-products, petroleum-treated materials, 

rubber products, animal remains, or animal or vegetable matter resulting from the handling, 

preparation, cooking, or service of food; or of any other material which normally emits dense smoke, 

noxious odors, or hazardous air contaminants.
142

F. To promote efficient burning and prevent excessive emissions of smoke, each responsible person 

shall assure that all combustible material is dried to the extent practicable and loosely stacked or 

windrowed to eliminate dirt, rocks and other non-combustible materials; and periodically restack or 

feed the burning pile to enhance combustion.

G. No person shall cause, or allow to be initiated or maintained, any open burning at any solid waste 

disposal site unless authorized by a Solid Waste Permit issued pursuant to OAR 340-61-005 through 

340-61-085. The Authority shall be notified by the responsible person prior to such burning.

H. Fires involving materials less than three (3) cubic yards of volume, set for recreational purposes in 

designated recreational areas (such as parks, recreational campsites, and campgrounds) are allowed, 

except that prohibited materials listed in 47-015-1.E shall not be burned.

I. Outdoor barbecuing connected with group outings, festivals, fairs or similar occasions is allowed, 

except that prohibited materials listed in 47-015-1.E shall not be burned.

2. Residential Open Burning Requirements

The residential open burning season is October 1 through June 15, with the following restrictions:

A. All open burning is prohibited within the Eugene city limits.

B. All open burning is prohibited within the Springfield city limits, except that burning of woody yard 

trimmings is allowed on lots of one-half acre or more. 

C. Within the ESUGA, burning is prohibited if required by local fire codes.

D. Residential open burning outside the city limits of Eugene and Springfield but within the 

Eugene-Springfield Urban Growth Area is permitted subject to the general requirements of 

47-015-1, with the following restrictions:

(1) The burning of yard debris is limited to the woody yard trimmings from trees and shrubs growing 

upon the same premises where the burning occurs;

(2) Open Burning of leaves and grass clippings is prohibited; and

(3) The premises upon which such burning is to take place must be a private lot, as identified in the 

Lane County tax records, of one half acre in size or more.

E. Residential open burning is allowed only on approved burning days, between sunrise and sunset, 

with a valid fire permit (if required by fire district). The beginning time for burning varies and is set 

as part of the daily burning advisory; however, fires must always be out by sunset. 

F. Residential open burning of woody yard trimmings, leaves and grass clippings is allowed within 

the fire districts identified below:
143

(1) Bailey-Spencer RFPD

(2) Coburg RFPD

(3) Cottage Grove

(4) Creswell RFPD

(5) Crow Valley RFPD

(6) Dexter RFPD west of the Willamette Meridian

(7) Eugene RFPD #1

(8) Fernridge Fire Dept. east of Range 7 West Willamette Meridian

(9) Goshen RFPD

(10) Junction City Fire District 

(11) Junction City RFPD

(12) Lane RFPD #1 outside the ESUGA

(13) Lowell RFPD

(14) Marcola RFPD

(15) McKenzie RFPD outside the ESUGA

(16) Monroe RFPD, that portion within Lane County

(17) Oakridge RFPD

(18) Pleasant Hill RFPD

(19) Santa Clara RFPD outside the ESUGA

(20) South Lane RFPD

(21) Willakenzie RFPD

(22) Zumwalt RFPD

(Note: Some fire districts require burning permits. Persons wishing to conduct residential open 

burning should check first with their fire district.)
144

G. Residential open burning is allowed year-round outside of the affected areas defined in subs A 

through F of this .

H. Failure to conduct residential open burning in accordance with this is a violation of these rules 

and may be cause for assessment of civil penalties. Citations will be issued by authorized 

enforcement agents to responsible person(s) upon site inspection where residential open burning rules 

are violated pursuant to this .

3. Construction/Demolition Open Burning Requirements

A. Construction/demolition open burning is prohibited inside the ESUGA.

B. Construction/demolition open burning is prohibited inside the affected areas described in sub 2.F 

of this, unless authorized pursuant to 47-020.

C. Construction/demolition open burning is allowed elsewhere in Lane County, subject to the general 

requirements of 47-015-1.

4. Commercial Open Burning Requirements

A. Commercial open burning is prohibited inside the ESUGA.

B. Commercial open burning is prohibited elsewhere, unless authorized pursuant to 47-020.

5. Industrial Open Burning Requirements

A. Industrial open burning is prohibited inside the ESUGA.

B. Industrial open burning is prohibited elsewhere, unless authorized pursuant to 47-020.

State effective date: 1/1/1993; EPA effective date: 3/13/1995; 60 FR 2690

47-020 Letter Permits

1. Open burning of commercial, industrial, construction, or demolition wastes on a singly occurring 

or infrequent basis, which is otherwise prohibited, may be permitted by a letter permit issued by the 

Authority in accordance with this rule and subject to the general requirements in 47-015-1.

2. Prescribed burning of standing vegetation for the purpose of species or wetland conversion, 

pursuant to federal or state laws or programs to promote or enhance habitat for indigenous species of 

plants or animals, which is otherwise prohibited, may be permitted by a letter permit issued by the 

Authority in accordance with 47-020.

3. Prior to any burning, the applicant must also obtain a valid fire permit issued by the fire permit 

issuing agency having jurisdiction.
145

4. Permits issued for commercial or industrial operations to conduct commercial, industrial, 

construction, or demolition open burning require a permit fee of $100.

5. The following factors shall be evaluated in determining whether a letter permit will be approved or 

denied:

A. The quantity, type, and combustibility of the materials proposed to be burned;

B. The costs and practicability of alternative disposal methods, including on-site and landfill 

disposal;

C. The seasonal timing and expected duration of the burn;

D. The willingness and ability of the applicant to promote efficient combustion by using heavy 

equipment, fans, pit incineration, or other appropriate methods;

E. The location of the proposed burn site with respect to potential adverse impacts;

F. The expected frequency of the need to dispose of materials by burning in the future;

G. Any prior open burning violations by the applicant;

H. Any additional relevant information.

6. Upon receipt and review of the required information, the Authority may approve the application if 

it is satisfied that:

A. The applicant has demonstrated that all reasonable alternatives have been explored and no 

practicable alternative method for disposal of the material exists;

B. The proposed burning will not cause or contribute to significant degradation of air quality;

C. There will be no actual or projected violation of any statute, rule, regulation, order, permit, 

ordinance, judgment, or decree.

7. The Authority may revoke or suspend an issued letter permit, with no refund of the fee, via written 

or verbal notice, on any of the following grounds:

A. Any material misstatement or omission in the required application information;

B. If the conditions of the permit are being violated;

C. Any actual or projected violation of any statute, rule, regulation, order, permit, ordinance, 

judgment, or decree;
146

D. Any other relevant factor.

8. Failure to conduct open burning according to the conditions, limitations, or terms of a letter permit, 

or any open burning in excess of that permitted by the letter permit, shall be a violation of the permit 

and shall be cause for assessment of civil penalties or for other enforcement action by the Authority.

9. Each letter permit issued by the Authority pursuant to this rule shall contain at least the following 

elements:

A. The location at which the burning is permitted to take place;

B. A description of the material that may be burned;

C. The calendar period during which the burning is permitted to take place;

D. The equipment and methods required to be used by the applicant to insure efficient burning;

E. The limitations, if any, based upon meteorological conditions required before burning may occur;

F. Reporting requirements for both starting the fire and completion of the requested burning;

G. A statement that 47-015-1 is fully applicable to all burning under the permit;

H. Such other conditions that the Authority considers to be desirable.

10. Letter permits issued by the Authority pursuant to this rule shall be forwarded to the fire permit 

issuing agency having jurisdiction.

11. Letter permits are valid only for the specified burning period and shall not be renewable unless 

there were no approved burning days during that period. Any requests to conduct additional burning 

shall require a new permit.

State effective date: 1/1/1993; EPA effective date: 3/13/1995; 60 FR 2690

47-030 Summary of Seasons, Areas, and Permit Requirements for Open Burning

Type of Burning Inside City Limits 

of Eugene

Inside City Limits 

of Springfield

Elsewhere Inside 

the ESUGA

Inside Affected 

Fire Districts and 

Outside ESUGA

All Other Areas

Residential Open 

Burning ( 47-015-2)

Prohibited by City 

Ordinance and by 

LRAPA 

47-015.2A

Prohibited by City 

Ordinance, except 

that tree trim- mings 

and shrub prunings, 

only, may be 

burned on lots of 

one-half acre or 

greater in size. 

Prohibited by 

LRAPA Title 47, 

except that, 

between October 1 

and June 15, tree 

trimmings and 

shrub prunings, 

only, may be 

Burning of woody 

yard trimmings, 

leaves, and grass 

clippings is allowed 

between October 1 

and June 15 on 

approved burning 

days with a valid 

Burning of clean 

wood and yard 

debris is allowed 

year round on 

approved burning 

days with a valid 

permit from the 

local fire district 
147

Burning of grass 

clippings and fallen 

leaves is 

prohibited. Also 

prohibited by 

LRAPA 

47-015.2B

burned on lots of 

one-half acre or 

greater in size. 

Burning of grass 

clippings and fallen 

leaves is prohibited.

permit from the 

local fire district 

(where required by 

fire district)

(where required by 

fire district)

Construction/ 

Demolition Open 

Burning ( 47-015-3)

Burning is 

prohibited by city 

ordinance and by 

LRAPA 47-015.3

Burning is 

prohibited by city 

ordinance and by 

LRAPA 47-015.3 

Burning is 

prohibited by 

LRAPA 47-015.3

Burning is 

prohibited, except 

by letter permit 

from LRAPA

Burning of 

approved materials 

is allowed year 

round on approved 

burning days with a 

valid permit from 

the local fire district 

(where required by 

fire district)

Commercial Open 

Burning ( 47-015-4)

Burning is 

prohibited by city 

ordinance and by 

LRAPA 47-015.4

Burning is 

prohibited by city 

ordinance and by 

LRAPA 47-015.4

Burning is 

prohibited by 

LRAPA 47-015.4

Burning is 

prohibited, except 

by letter permit 

from LRAPA

Burning is 

prohibited, except 

by letter permit 

from LRAPA

Industrial Open 

Burning ( 47-015-5)

Burning is 

prohibited by city 

ordinance and by 

LRAPA 47-015.5

Burning is 

prohibited by city 

ordinance and by 

LRAPA 47-015.5

Burning is 

prohibited by 

LRAPA 47-015.5

Burning is 

prohibited, except 

by letter permit 

from LRAPA

Burning is 

prohibited, except 

by letter permit 

from LRAPA

General open burning requirements are contained in 47-015. 

In case of apparent conflict between this summary and the text of 47-001 through 47-020, 

inclusive, the text shall apply.

State effective date: 1/1/1993; EPA effective date: 3/13/1995; 60 FR 2690

TITLE 50 - AMBIENT AIR STANDARDS

50-005 General

These ambient air standards are established to ensure the health and welfare of the citizens of Lane 

County. It is the policy of the Authority to take whatever legally available reasonable measures 

may be required to attain and maintain these standards.

State effective date: 7/12/1988; EPA effective date: 11/8/1993; 58 FR 47385

50-015 Suspended Particulate Matter

1. Concentrations of suspended particulate matter at a location meeting ambient air monitoring site 

criteria, and as measured by an approved method, shall not exceed:

A. 60 micrograms of TSP per cubic meter (ug/m3) of air as an annual geometric mean for any 

calendar year.
148

B. 150 ug/m3 of TSP as a 24-hour average concentration more than once per year. 

C. 50 ug/m3 of PM10 as an annual arithmetic mean. This standard is attained when the expected 

mean concentration, as determined in accordance with appendix K of 40 CFR 50 is less than or 

equal to 50 ug/m3.

D. 150 ug/m3 of PM10 as a 24-hour average concentration for any calendar day. This standard is 

attained when the expected number of days per calendar year with a 24-hour average concentration, 

rounded to the nearest 10 ug/m3, above 150 ug/m3, as determined in Appendix K of 40 CFR 50 is 

equal to or less than one.

2. Concentrations of calcium oxide present as total suspended particulate (TSP), as measured at an 

Authority-approved site by an approved method shall not exceed 20 ug/m3. State effective date: 7/12/1988; EPA effective date: 11/8/1993; 58 FR 47385

50-025 Sulfur Dioxide

1. Concentrations of sulfur dioxide at a location meeting ambient air monitoring site criteria, and as 

measured by an approved method, shall not exceed:

A. 0.02 ppm as an annual arithmetic mean for any calendar year;

B. 0.10 ppm as a 24-hour average concentration more than once per year;

C. 0.50 ppm as a 3-hour average concentration more than once per year.

State effective date: 7/12/1988; EPA effective date: 11/8/1993; 58 FR 47385

50-030 Carbon Monoxide

1. For comparison to the standard, averaged ambient concentrations of carbon monoxide shall be 

rounded to the nearest integer in parts per million (ppm). Fractional parts of 0.5 or greater shall be 

rounded up.

2. Concentrations of carbon monoxide at a location meeting ambient air monitoring site criteria, and 

as measured by an approved method, shall not exceed:

A. 9 ppm as an 8-hour average concentration more than once per year;

B. 35 ppm as a 1-hour average concentration more than once per year.

State effective date: 7/12/1988; EPA effective date: 11/8/1993; 58 FR 47385

50-035 Ozone

Concentrations of ozone at a location meeting ambient air monitoring site criteria, and as measured 

by an approved method, shall not exceed 0.12 ppm as a 1-hour average concentration. This 
149

standard is attained when the expected number of days per calendar year with maximum hourly 

concentrations greater than 0.12 ppm is equal to or less than one as determined by Appendix H, 40 

CFR 50.9.

State effective date: 7/12/1988; EPA effective date: 11/8/1993; 58 FR 47385

50-040 Nitrogen Dioxide

Concentrations of nitrogen dioxide at a location meeting ambient air monitoring site criteria, and as 

measured by an approved method, shall not exceed 0.053 ppm as an annual arithmetic mean.

State effective date: 7/12/1988; EPA effective date: 11/8/1993; 58 FR 47385

50-045 Lead

The lead concentration at a location meeting ambient air monitoring site criteria, and as measured 

by an approved method, shall not exceed 1.5 ug/m3 as an arithmetic average concentration of all 

samples collected at that location during any one calendar quarter.

State effective date: 7/12/1988; EPA effective date: 11/8/1993; 58 FR 47385

TITLE 51 - AIR POLLUTION EMERGENCIES

51-005 Introduction

1. Notwithstanding any other rule or standard, these emergency rules are designed to prevent the 

excessive accumulation of air contaminants, thereby preventing the occurrence of an emergency 

due to the effects of these contaminants on the public health.

2. These rules establish criteria for identifying and declaring air pollution episodes at levels below 

the level of Significant Harm. They are adopted according to the requirements of the federal 

Clean Air Act as amended and 40 CFR, Part 51, Subpart H.

3. The levels of Significant Harm are:

A. For sulfur dioxide (SO2)--1.0 ppm, 24-hour average;

B. For particulate matter (PM10)--600 ug/m3, 24-hour average;

C. For carbon monoxide (CO)

(1) 50 ppm, 8-hour average

(2) 75 ppm, 4-hour average
150

(3) 125 ppm, 1-hour average;

D. For ozone (03)--0.6 ppm, 1-hour average; and

E. For nitrogen dioxide (NO2)

(1) 2.0 ppm, 1-hour average

(2) 0.5 ppm, 24-hour average

State effective date: 7/12/1988; EPA effective date: 11/8/1993; 58 FR 47385

51-010 Episode Criteria

The determination of an Air Pollution Episode Stage shall be made by the Director. In making 

this determination, the Director will be guided by the following criteria:

1. "Pre-Episode Standby"--In this condition ambient levels of air pollutants have reached levels at 

the ambient standard. Atmospheric ventilation is poor, and the forecast is for continued poor 

ventilation. Under these conditions, monitoring may be increased, and some formal public 

notification warning sensitive individuals of poor air quality may be made.

2. "Air Pollution Alert"--In this condition, ambient levels of air pollutants have reached levels 

significantly above the standards, but there is no immediate danger of reaching the level of 

significant harm. Monitoring may be intensified, and a review of possible abatement actions 

should be made. A formal public notification should be made, warning sensitive individuals of 

poor air quality. If the conditions of A and B, below are both met, an Air Pollution Alert is 

declared, and the actions in Table I shall be implemented. 

A. Meteorological dispersion conditions are not expected to improve during the next 24 hours.

B. Monitored pollutant levels at any monitoring site exceed any of the following:

(1) Sulfur dioxide--0.3 ppm, 24-hour average;

(2) Particulate matter (PM10)--350 ug/m3

;

(3) Carbon monoxide--15 ppm, 8-hour average;

(4) Ozone--0.2 ppm, 1-hour average;

(5) Nitrogen dioxide--0.6 ppm, 1-hour average; or 0.15 ppm, 24-hour average.

3. "Air Pollution Warning"--In this condition, air pollutants reach ambient levels well above those 

of an Air Pollution Alert. Substantial restrictions of activities may be required. The public 

should be frequently informed of current pollution levels and of the hazards. If the conditions in 
151

both A and B, below, are met, an Air Pollution Warning will be declared, and the actions in Table II 

shall be implemented.

A. Meteorological dispersion conditions are not expected to improve during the next 24 hours.

B. Monitored pollutant levels at any monitoring site exceed any of the following:

(1) Sulfur dioxide--0.6 ppm, 24-hour average;

(2) Particulate matter (PM10)--420 ug/m3

, 24-hour average;

(3) Carbon monoxide--30 ppm, 8-hour average;

(4) Ozone--0.4 ppm, 1-hour average;

(5) Nitrogen dioxide--1.2 ppm, 1-hour average; or 0.3 ppm, 24-hour average. 

4. "Air Pollution Emergency"--In this condition, ambient levels of air pollutants are approaching the 

Significant Harm levels, and stringent abatement actions may be necessary. The public should be 

frequently informed of current pollution levels and of the hazards. If the conditions in both A and 

B, below, are met, an Air Pollution Emergency will be declared, and the actions in Table III shall be 

implemented.

A. Meteorological conditions are not expected to improve during the next 24 hours.

B. Monitored pollutant levels at any monitoring site exceed any of the following:

(1) Sulfur dioxide--0.8 ppm, 24-hour average;

(2) Particulate matter (PM10)--500 ug/m3

, 24-hour average;

(3) Carbon monoxide--40 ppm, 8-hour average;

(4) Ozone--0.5 ppm, 1-hour average;

(5) Nitrogen dioxide--1.6 ppm, 1-hour average; or 0.4 ppm, 24-hour average. 

5. "Termination"--Any air pollution episode stage established by these criteria may be reduced to a 

lower stage or terminated, when the required conditions are no longer met.

State effective date: 7/12/1988; EPA effective date: 11/8/1993; 58 FR 47385

51-015 Emission Reduction Plans

Tables I, II and III of this regulation set forth specific emission reduction measures that shall be 

taken upon the declaration of an Air Pollution Episode. Any person responsible for a source of air 
152

contamination shall, upon declaration of an episode, take all actions specified in the applicable 

Table and shall particularly put into effect the Authority-approved preplanned abatement strategy 

for such condition. 

State effective date: 7/12/1988; EPA effective date: 11/8/1993; 58 FR 47385

51-020 Preplanned Abatement Strategies

1. Any person responsible for the operation or control of a source of air contamination shall, when 

requested by the Authority in writing, prepare preplanned strategies consistent with good industrial 

practice and safe operating procedures, for reducing the emission of air contaminants during Air 

Pollution Episodes. 

2. Preplanned strategies as required by this shall be in writing and describe the source of air 

contamination, contaminants and a brief description of the manner and amount in which the 

reduction will be achieved during each Episode stage.

3. During an Air Pollution Episode, preplanned strategies required by this shall be made available 

on the premises to any person authorized to enforce the provisions of these rules.

4. Preplanned strategies required by this shall be submitted to the Authority upon request within 

thirty days of the receipt of such request; such preplanned strategies shall be subject to review and 

approval by the Authority. Matters of dispute in developing preplanned strategies shall, if 

necessary, be brought before the Board of Directors.

5. Municipal and county governments, or other appropriate governmental bodies, shall, when 

requested by the Authority in writing, prepare pre-planned strategies consistent with good traffic 

management practice and public safety, for reducing the use of motor vehicles or aircraft within 

designated areas during Air Pollution Episodes. These plans shall be designed to reduce or 

eliminate emissions of air contaminants from motor vehicles in accordance with the objectives set 

forth in Tables I - III and shall be prepared and submitted for review and approval by the Authority 

in accordance with subs 1, 2 and 3 of this. State effective date: 7/12/1988; EPA effective date: 11/8/1993; 58 FR 47385

51-025 Implementation

1. The Authority and the Department of Environmental Quality shall cooperate to the fullest extent 

possible to insure uniformity of enforcement and administrative action necessary to implement 

these regulations. With the exception of sources of air contamination retained by the Department 

of Environmental Quality, all persons within the territorial jurisdiction of the Authority shall submit 

the preplanned abatement strategies prescribed in 51-020 to the Authority. The Authority shall 

submit summaries of the abatement strategies to the Department of Environmental Quality.

2. Declarations of Air Pollution Alert, Air Pollution Warning and Air Pollution Emergency shall be 

made by the Authority. In the event conditions warrent and such declaration is not made by the 

Authority, the Department of Environmental Quality shall issue the declaration and the Authority 
153

shall take appropriate remedial actions as set forth in these rules.

3. Additional responsibilities of the Authority shall include, but are not limited to:

A. Securing acceptable preplanned abatement strategies.

B. Measurement and reporting of air quality data to the Department of Environmental Quality.

C. Informing the public, news media and persons responsible for air contaminant sources of the 

various levels set forth in these rules and required actions to be taken to maintain air quality and the 

public health.

D. Surveillance and enforcement of emergency emission reductions plans.

State effective date: 7/12/1988; EPA effective date: 11/8/1993; 58 FR 47385
154

 TABLE I

AIR POLLUTION EPISODE, ALERT CONDITION

EMISSION REDUCTION PLAN

Part A--Pollution Episode Conditions for Carbon Monoxide or Ozone

For Alert conditions due to excessive levels of carbon monoxide or ozone, persons operating motor 

vehicles shall be requested to voluntarily curtail or eliminate all unnecessary operations within the 

designated Alert area, and public transportation systems shall be requested to provide additional 

services in accordance with a preplanned strategy.

Part B--Pollution Episode Conditions for Particulate Matter

For Alert conditions resulting from excessive levels of particulate matter, the following measures 

shall be taken in the designated area:

1. There shall be no open burning by any person of any material.

2. Persons operating fuel burning equipment which requires boiler lancing or soot blowing 

shall perform such operations only between the hours of 12 noon and 4 p.m.

3. Persons responsible for the operation of any source of air contaminants listed below shall 

take all required actions for the Alert level, in accordance with the preplanned strategy:

Sources Control Actions - Alert Level

(A) Coal, Oil or wood-fired facilities content. (A) Utilization of electric generating fuels 

having low ash and sulfur.

(B) Utilization of mid-day (12:00 noon to 

4:00 p.m.) atmospheric turbulence for boiler 

lancing and soot blowing.

(C) Diverting electric power generation to 

facilities outside of Alert Area.

(B) Coal, oil or wood-fired generating 

facilities

(A) Utilization of fuel having low process 

steam ash and sulfur content.

(B) Uilization of mid-day (12:00 noon to 

4:00 p.m.) atmospheric turbulence for boiler 

lancing and soot blowing.
155

(C) Substantial reduction of steam load 

demands consistent with continuing plant 

operations.

(C) Manufacturing industries of the 

following classifications:

(A) Reduction of air contaminants from 

manufacturing operations by curtailing, 

postponing, or deferring production and all 

operations.

Primary Metals Industries

Petroleum Refining 

Chemical Industries 

Mineral Processing Ind.

Grain Industries 

Paper and Allied Products

Wood Processing Industry

(B) Reduction by deferring trade waste 

disposal operations which emit solid particle 

gas vapors or malodorous substance. 

(C) Reduction of heat load demands for 

processing.

(D) Utilization of mid-day (12:00 noon to 

4:00 p.m.) atmospheric turbulence for boiler 

lancing or soot blowing.

State effective date: 7/12/1988; EPA effective date: 11/8/1993; 58 FR 47385
156

TABLE II

AIR POLLUTION EPISODE, WARNING CONDITIONS 

EMISSION REDUCTION PLAN

Part A--Pollution Episode Conditions for Carbon Monoxide or Ozone

For Warning conditions, resulting from excessive levels or carbon monoxide or ozone, the 

following measures shall be taken:

1. Operating of motor vehicles carrying fewer than three (3) persons shall be prohibited within 

designated areas during specified hours. Exceptions from this provision are:

A. Public transportation and emergency vehicles

B. Commercial vehicles

C. Through traffic remaining on Interstate or primary highways.

2. At the discretion of the Authority, operations of all private vehicles within designated areas 

or entry of vehicles into designated areas, may be prohibited for specified periods of time.

3. Public transportation operators shall, in accordance with a pre-planned strategy, provide the 

maximum possible additional service to minimize the public's inconvenience as a result of (1) or (2) 

above.

4. For ozone episodes the following additional measures shall be taken:

A. No bulk transfer of gasoline without vapor recovery from 2:00 a.m. to 2:00 p.m.

B. No service station pumping of gasoline from 2:00 a.m. to 2:00 p.m.

C. No operation of paper coating plants from 2:00 a.m. to 2:00 p.m.

D. No architectural painting or auto finishing;

E. No venting of dry cleaning solvents from 2:00 a.m. to 2:00 p.m. (except perchlorethylene).

5. Where appropriate for carbon monoxide episodes during the heating season, and where legal 

authority exists, governmental agencies shall prohibit all use of woodstoves and fireplaces for 

domestic space heating, except where such devices provide the sole source of heat.

Part B--Pollution Episode Conditions for Particulate Matter
157

For Warning conditions resulting from excessive levels of particulate matter, the following 

measures shall be taken:

1. There shall be no open burning by any person of any material.

2. The use of incinerators for the disposal of solid or liquid wastes shall be prohibited.

3. Persons operating fuel-burning equipment which requires boiler lancing or soot blowing 

shall perform such operations only between the hours of 12 noon and 4 p.m.

4. Where legal authority exists, governmental agencies shall prohibit all use of woodstoves and 

fireplaces for domestic space heating, except where such devices provide the sole source of heat.

5. Persons responsible for the operation of any source of air contaminants listed below shall 

take all required actions for the Warning level, in accordance with a preplanned strategy:

Source of Air Contamination Air Pollution Warning

(A) Coal, oil or wood-fired electric power 

generating facilities.

(A) Maximum utilization of fuels having 

lowest ash and sulfur content.

(B) Utilization of mid-day (12:00 noon to 

4:00 p.m.) atmospheric turbulence for boiler 

lancing and soot blowing.

(C) Diverting electric power generation to 

facilities outside of Warning Area.

(D) Prepare to use a plan of action if an 

Emergency Condition develops.

(E) Cease operation of facilities not related to 

safety or protection of equipment or delivery of 

priority power.

(B) Coal, oil or wood-fired process steam 

generating facilities

(A) Maximum utilization of fuels having the 

lowest ash and sulfur content.

(B) Utilization of mid-day (12:00 noon to 

4:00 p.m.) atmospheric turbulence for boiler 

lancing and soot blowing.

(C) Prepare to use a plan of action if an 

Emergency Condition develops.

(D) Cease operation of facilities not related 
158

to safety or protection of equipment or delivery 

of priority power.

(C) Manufacturing industries which require 

considerable lead time for shut-down including 

the following classifications:

(A) Reduction of air contaminants from 

manufacturing operations by, if necessary, 

assuming reasonable economic hardships by 

postponing production and allied operations.

Petroleum Refining

Chemical Industries

Primary Metals Industries

Glass Industries

Paper and Allied Products

(B) Reduction by deferring trade waste 

disposal operations which emit solid particles, 

gases, vapors or malodorous substances.

(C) Maximum reduction of heat load 

demands for processing.

(D) Utilization of mid-day (12:00 noon to 4:00 

p.m.) atmospheric turbulence of boiler lancing 

or soot blowing.

(D) Manufacturing industries which require 

relatively short time for shut-down

(A) Elimination of air contaminants from 

manufacturing operations by ceasing, 

postponing, or deferring production and allied 

operations to the extent possible without 

causing injury to persons or damage to 

equipment.

(B) Elimination of air contaminants from 

trade waste disposal processes which emit solid 

particles, gases, vapors, or malodorous 

substances.

(C) Reduction of heat load demands for 

processing.

(D) Utilization of mid-day (12 noon to 4 

p.m.) atmospheric turbulence for boiler lancing 

or soot blowing.

State effective date: 7/12/1988; EPA effective date: 11/8/1993; 58 FR 47385
159

TABLE III

AIR POLLUTION EPISODE, EMERGENCY CONDITIONS

EMISSION REDUCTION PLAN

1. There shall be no open burning by any person of any material.

2. The use of incinerators for the disposal of solid or liquid wastes shall be prohibited.

3. All places of employment, commerce, trade, public gatherings, government, industry, 

business, or manufacture shall immediately cease operation, except the following:

A. Police, fire, medical and other emergency services;

B. Utility and communication services;

C. Governmental functions necessary for civil control and safety;

D. Operations necessary to prevent injury to persons or serious damage to equipment or 

property;

E. Food stores, drug stores and operations necessary for their supply;

F. Operations necessary for evacuation of persons leaving the area;

G. Operations conducted in accordance with an approved preplanned emission reduction plan on 

file with the Authority.

4. All commercial and manufacturing establishments not included in these rules shall institute

such actions as will result in maximum reduction of air contaminants from their operations which 

emit air contaminants, to the extent possible without causing injury or damage to equipment.

5. The use of motor vehicles is prohibited except for the exempted functions in 3, above.

6. Airports shall be closed to all except emergency air traffic.

7. Where legal authority exists, governmental agencies shall prohibit all use of woodstoves and 

fireplaces.

8. Any person responsible for the operation of a source of atmospheric contamination listed 

below shall take all required control actions for this Emergency Level.
160

Source Air Pollution Emergency

(A) Coal, oil or wood-fired electric power 

generating facilities

(A) Maximum utilization of fuels having 

lowest ash and sulfur content

(B) Utilization of mid-day (12:00 noon to 

4:00 p.m.) atmospheric turbulence for boiler 

lancing or soot blowing.

(C) Diverting electric power generation to 

facilities outside of Emergency area.

(D) Cease operation of facilities not related 

to safety or protection of equipment or delivery 

of priority power.

(B) Coal, oil or wood-fired process steam 

generating facilities

(A) Reducing heat and steam demands to 

absolute necessities consistent with preventing

equipment damage.

(B) Utilization of mid-day (12:00 noon to 

4:00 p.m.) atmospheric turbulence for boiler 

lancing and soot blowing.

(C) Taking the action called for in the 

emergency plan.

(D) Cease operation of facilities not related 

to safety or protection of equipment or delivery 

of priority power.

(C) Manufacturing industries of the following 

classifications:

Primary Metals Industry

Petroleum Refining Operations

Chemical Industries

Mineral Processing Industries

Paper and Allied Products

Grain Industry

Wood Processing Industry

(A) The elimination of air of contaminants 

from manufacturing operations by ceasing, 

curtailing, postponing or deferring production

and allied operations to the extent possible 

without causing injury to persons or damage to 

equipment.

(B) Elimination of air contaminants from 

trade waste disposal processes which emit solid 

particles, gases, vapors, or malodorous 
161

substances.

(C) Maximum reduction of heat load 

demands for processing.

(D) Utilization of mid-day (12:00 noon to 

4:00 p.m.) atmospheric turbulence for boiler 

lancing or soot blowing.

State effective date: 7/12/1988; EPA effective date: 11/8/1993; 58 FR 47385