OREGON ADMINISTRATIVE 

RULES COMPILATION 

2010 EDITION - VOLIME 6 

The Oregon Administrative Rules Compilation contains the administrative rules filed through 

November 13, 2009. This annual publication is updated monthly by the on-line Oregon Bulletin. 

Please refer to the OAR Cumulative Index in the on-line Oregon Bulletin for a current listing Of 

rulemaking actions. ' ' v ^ 

Published by 

KATE BROWN 

Secretary of State 

Copyright 2010 Oregon Secretary of State 
Chapter 340 Department of Environmental Quality 

DIVISION 11 

RULES OF GENERAL APPLICABILITY 

AND ORGANIZATION 

Confidentiality and Inadmissibility of 

Mediation Communications 

DIVISION 12 

ENFORCEIVIENT PROCEDURE AND CIVIL PENALTIES 

340-011-0003 

340-011-0004 

340-011-0005 

340-011-0009 

340-011-0010 

340-011-0024 

340-011-0029 

340-011-0046 

340-011-0052 

340-011-0053 

340-011-0061 

Confidentiality and Inadmissibility of Mediation 

Communications 

Confidentiality and Inadmissibility of Workplace 

Interpersonal Dispute Mediation Communications 

Rules of Practice and Procedure 

Definitions 

Incorporation of Attomey General's Uniform and 

Model Rules 

Rulemaking 

Notice of Rulemaking 

Rulemaking Process 

Policy on Disclosure of the Relationship Between 

Proposed Rules and Federal Requirements 

Petition to Promulgate, Amend, or Repeal Rule: 

Contents of Petition, Filing of Petition 

Temporary Rules 

Periodic Rule Review 

Declaratory Ruling: Institution of Proceedings, 

Consideration of Petition and Disposition of 

Petition 

Public Records Access and Reproduction 

340-011-0310 

340-011-0320 

340-011-0330 

340-011-0340 

340-011-0360 

340-011-0370 

340-011-0380 

340-011-0390 

340-011-0500 

340-011-0505 

340-011-0510 

340-011-0515 

340-011-0520 

340-011-0525 

340-011-0530 

340-011-0535 

340-011-0540 

340-011-0545 

340-011-0550 

340-011-0555 

340-011-0560 

340-011-0565 

340-011-0570 

340-011-0573 

340-011-0575 

340-011-0580 

340-011-0585 

340-011-0605 

2010 Edition 

Purpose 

Scope 

Requests for Review or to Obtain Copies of 

Public Records 

Costs for Record Review and Copying 

Collecting Fees 

Certification of Copies of Records 

Fee Waivers and Reductions 

Exempt Records 

Contested Cases 

Contested Case Proceedings Generally 

Powers of the Director 

Agency Representation by Environmental Law 

Specialist 

Authorized Representative of Respondent other 

than a Natural Person in a Contested Case 

Hearing 

Liability for the Acts of a Respondent's 

Employees 

Service of Documents 

Requests for Hearing 

Final Orders by Default 

Consolidation or Bifurcation of Contested Case 

Hearings 

Burden and Standard of Proof in Contested Case 

Hearings; Department Interpretation of Rules and 

Statutory Terms 

Discovery 

Subpoenas 

Public Attendance at Contested Case Hearing 

Immediate Review by Agency 

Permissible Scope of Hearing 

Proposed Orders in Contested Cases 

Review of Proposed Orders in Contested Ceises 

Petitions for Reconsideration or Rehearing 

Petitions for a Stay of the Effect of a Final Order 

Miscellaneous Provisions 

340-012-0026 

340-012-0027 

340-012-0028 

340-012-0030 

340-012-0038 

340-012-0041 

340-012-0045 

340-012-0053 

340-012-0054 

340-012-0055 

340-012-0060 

340-012-0065 

340-012-0066 

340-012-0067 

340-012-0068 

340-012-0071 

340-012-0072 

340-012-0073 

340-012-0074 

340-012-0079 

340-012-0081 

340-012-0082 

340-012-0083 

340-012-0097 

340-012-0130 

340-012-0135 

340-012-0140 

340-012-0145 

340-012-0150 

340-012-0155 

340-012-0160 

340-012-0162 

340-012-0165 

340-012-0170 

Policy 

Rule Effective Date 

Scope of Applicability 

Definitions 

Waming Letters, Pre-Enforcement Notices, and 

Notices of Permit Violation and Expedited 

Enforcement Offers 

Formal Enforcement Actions 

Civil Penalty Determination Procedure 

Violations that Apply to all Programs 

Air Quality Classification of Violations 

Water QuaUty Classification of Violations 

Onsite Sewage Disposal Classification of 

Violations 

Solid Waste Management Classification of 

Violations 

SoUd Waste Tire Management Classification of 

Violations 

Underground Storage Tank (UST) Classification 

of Violations 

Hazardous Waste Management and Disposal 

Classification of Violations 

Polychlorinated Biphenyl (PCB) Classification of 

Violations 

Used Oil Management Classification of Violations 

Environmental Cleanup Classification of Violations 

Underground Storage Tank (UST) Cleanup 

Classification of Violations 

Heating Oil Tank (HOT) Classification of 

Violations 

Oil and Hazardous Material Spill and Release 

Classification of Violations 

Contingency Planning Classification of Violations 

Ballast Water Management Classification of 

Violations 

Dry Cleaning Classification of Violations 

Determination of Violation Magnitude 

Selected Magnitude Categories 

Determination of Base Penalty 

Determination of Aggravating or Mitigating 

Factors 

Determination of Economic Benefit 

Additional or Alternate Civil Penalties 

Department Discretion Regarding Penalty 

Assessment 

Inability to Pay the Penalty 

Stipulated Penalties 

Compromise or Settlement of Civil Penalty by 

Department 

DIVISION 13 

WILDERNESS, RECREATIONAL, AND 

SCENIC AREA RULES 

Environmental Standards for Wilderness Areas 

340-013-0005 

340-013-0010 

340-013-0015 

340-013-0020 

340-013-0025 

340-013-0030 

340-013-0035 

Statement of Policy 

Definitions 

Emission Permit Requirements 

Environmental Standards 

Penalties 

National Emergency 

New Wilderness Areas 

Oregon Administratire Rules Compilation 

6-247 (11-13-09) 
Chapter 340 Department of Environmental Quality 

DIVISION 14 

PROCEDURES FOR ISSUANCE, DENIAL, 

MODIFICATION, AND REVOCATION 

OF GREEN PERMirS 

Requirements for Green Permits 

340-014-0100 Purpose of Green Permits 

340-014-0105 Definitions 

340-014-0110 Criteria for Approval of a Custom Waiver Permit 

340-014-0115 Criteria for Approval of a GEMS Participant 

Permit 

340-014-0120 Criteria for Approval of a GEMS Achiever Permit 

340-014-0125 Criteria for Approval of a GEMS Leader Pemiit 

340-014-0130 Technical Assistance and Recognition Program 

for GEMS Permits 

340-014-0135 Waivers or Incentives 

340-014-0140 Conditions and Limitations of Custom Waiver 

Permits or GEMS Permits 

340-014-0145 Procedures for Issuing Custom Waiver Permits or 

GEMS Permits 

340-014-0150 Procedures for Renewing Custom Waiver Permits 

or GEMS Permits 

340-014-0155 Procedures for Modifying Custom Waiver Permits 

or GEMS Permits 

340-014-0160 Termination of Green Permits 

340-014-0165 Cost Recovery 

DIVISION 16 

DIVISION 17 

PLASTICS RECYCLING TAX CREDITS 

POLLUTION CONTROL TAX CREDITS 

340-016-0005 

340-016-0007 

340-016-0009 

340-016-0010 

340-016-0055 

340-016-0060 

340-016-0065 

340-016-0070 

340-016-0075 

340-016-0080 

340-016-0100 

340-016-0110 

340-016-0120 

340-016-0130 

340-016-0140 

340-016-0150 

340-016-0210 

340-016-0220 

340-016-0230 

340-016-0240 

340-016-0250 

340-016-0260 

Purpose 

Facilities certified under the 1999 Edition 

Certification of wood chippers 

Definitions 

Apphcation Procedures 

Eligibility 

Fees 

Determining the Facility Cost 

Determination of Portion of Facility Cost Allocable to Pollution Control 

Certification 

PoUution Prevention Tax Credits 

Purpose 

Definitions 

Emission Prevention Projects Which Quality for a 

Pollution Tax Credit 

Procedures for Processing Pollution Prevention 

Tax Credits 

Limitations and Rankings on Certified Costs 

Fees 

IVuck Engine Tax Credits 

Purpose 

Definitions 

Application Procedures 

Allocating the Limitations 

Approval or Rejection Procedures 

Procedures for Reconsideration and Review 

Clean Diesel Repower And Retrofit Tax Credits 

340-016-0270 

340-016-0280 

340-016-0290 

340-016-0300 

340-016-0310 

340-016-0320 

340-016-0330 

340-016-0340 

2010 Edition 

Purpose and Scope 

Definitions 

Standards for a QuaUfying Repower or Retrofit 

Apphcation Procedures 

Tax Credit Cost Certification Letter 

Allocating the Limitations 

Apphcation Approval or Denial Procedures 

Procedures for Reconsideration and Review of 

Denial 

340-017-0010 

340-017-0015 

340-017-0020 

340-017-0025 

340-017-0030 

340-017-0035 

340-017-0040 

340-017-0045 

340-017-0050 

340-017-0055 

Purpose 

Definitions 

Procedures for Receiving PreUminary Tax Credit 

Certification 

Procedures for Final Tax Credit Certification 

Determination of Percentage of Certified Investment Costs Allocable to Collection, Transportation or Processing of Reclaimed Plastic or 

Manufacturing a Reclaimed Plastic Product 

Amount of Tax Credits Available 

Procedure to Revoke Certification 

Procedures for Transfer of a Tax Credit Certificate 

Fees for Final Tax Credit Certification 

Taxpayers Receiving Tax Credit 

DIVISION 18 

STATE AGENCY COORDINATION PROGRAM 

340-018-0000 

340-018-0010 

340-018-0020 

340-018-0030 

340-018-0040 

340-018-0050 

340-018-0060 

340-018-0070 

340-018-0080 

340-018-0090 

340-018-0200 

Purpose 

Policy 

Definitions 

Applicability 

Comphance with Statewide Planning Goals 

Compatibility with Acknowledged Comprehensive Plans 

Land Use Dispute Resolution 

Statewide Goal Compliance and Acknowledged 

Plan Compatibility for New or Amended Rules 

and Programs Significantiy Affecting Land Use 

Compliance with DLCD Permit Compliance and 

Compatibility Rule 

Coordination with Affected State and Federal 

Agencies and Special Districts 

Cooperation With and Technical Assistance to 

Local Government 

DIVISION 35 

NOISE CONTROL REGULATIONS 

General 

Policy 

Exceptions 

Definitions 

Noise Control Regulations for the Sale of New 

Motor Vehicles 

Noise Control Regulations for In-Use Motor 

Vehicles 

Noise Control Regulations for Industry and 

Commerce 

Noise Control Regulations for Motor Sports 

Vehicles and Facilities 

Noise Control Regulations for Airports 

Variances 

Suspension of Commission and Department 

Responsibilities 

DIVISION 40 

GROUNDWATER QUALITY PROTECTION 

340-040-0001 Preface 

340-040-0010 Definitions 

340-040-0020 General PoUcies 

340-040-0030 Permitted Operations 

340-040-0040 Remedial Investigation and Feasibility Study 

340-040-0050 Selection of the Remedial Action 

340-040-0060 Non-Permitted Activities 

340-035-0005 

340-035-0010 

340-035-0015 

340-035-0025 

340-035-0030 

340-035-0035 

340-035-0040 

340-035-0045 

340-035-0100 

340-035-0110 

Oregon Administrative Rules Compilation 

6-248 (11-13-09) 
Chapter 340 Department of Environmental Quality 

340-040-0070 On-site Sewage Disposal: Area Wide Management 

340-040-0080 Numerical Groundwater Quality Reference 

Levels and Guidance Levels 

340-040-0090 Interim Standards for Maximum Measurable 

Levels of Contaminants in Groundwater to be 

Used in the Designation of a Groundwater Management Area 

Methods and Criteria for Establishment of Maximum 

Measurable Levels of Contaminants in Groundwater 

340-040-0100 

340-040-0105 

340-040-0108 

340-040-0110 

340-040-0120 

340-040-0125 

340-040-0130 

340-040-0135 

340-040-0140 

340-040-0150 

340-040-0160 

340-040-0170 

340-040-0180 

340-040-0190 

340-040-0200 

340-040-0210 

Statement of Purpose 

Definitions 

General Policies 

Substances Regulated Under These Rules 

Notice of Intent to Propose Contaminants for 

Adoption of a Maximum Measurable Level 

Methods to Establish Maximum Measurable 

Levels 

Human Health and Environmental Advisories 

Modification to the Maximum Measurable Level 

Wellhead Protection 

Statement of Purpose 

Definitions 

General Policies 

Required Elements of a Wellhead Protection Plan 

Certification Procedure 

Update Procedure 

Decertification Proceditfe 

Appeal Procedure 

WATER POLLUTION 

DIVISION 41 

WATER QUALITY STANDARDS: BENEFICLVL USES, 

POLICIES, AND CRITERIA FOR OREGON 

340-041-0001 Preface 

340-041-0002 Definitions 

340-041-0004 Antidegradation 

340-041-0007 Statewide Narrative Criteria 

340-041-0009 Bacteria 

340-041-0011 Biocriteria 

340-041-0016 Dissolved Oxygen 

340-041-0019 Nuisance Phytoplankton Growth 

340-041-0021 pH 

340-041-0028 Temperature 

340-041-0031 Total Dissolved Gas 

340-041-0032 Total Dissolved Solids (TDS) 

340-041-0033 Toxic Substances 

340-041-0036 Turbidity 

340-041-0046 Water Quality Limited Waters 

340-041-0053 Mixing Zones 

340-041-0057 Implementation at Domestic Wastewater 

Treatment Works 

340-041-0061 Other Implementation of Water Quality Criteria 

Basin-Specific Criteria (Main Stem Columbia River) 

340-041-0101 Beneficial Uses to Be Protected in the Main Stem 

Columbia River 

340-041-0103 Approved TMDLs in the Basin 

340-041-0104 Water Quality Standards and Policies Specific to 

the Main Stem Columbia River 

Basin-Specific Criteria (Main Stem Snake River) 

340-041-0121 

340-041-0122 

340-041-0124 

2010 Edition 

Basin-Specific Criteria (Deschutes) 

340-041-0130 Beneficial Uses to Be Protected in the Deschutes 

Basin 

340-041-0133 Approved TMDLs in the Basin: 

340-041-0135 Water Quality Standards and Policies for this 

Basin 

Basin-Specific Criteria (Goose and Summer Lakes) 

340-041-0140 Beneficial Uses to be Protected in Goose and 

Summer Lake Basins 

340-041-0143 Approved TMDLs in tiie Basin 

340-041-0145 Water Quality Standards and Policies for this 

Basin 

Basin-Specific Criteria (Grande Ronde) 

340-041-0151 

340-041-0154 

340-041-0156 

340-041-0160 

340-041-0164 

340-041-0165 

Beneficial Uses to Be Protected in the Grande 

Ronde Basin 

Approved TMDLs in the Basin 

Water Quality Standards and Policies for this 

Basin 

Basin-Specific Criteria (Hood) 

Beneficial Uses to Be Protected in the Hood 

Basin 

Approved TMDLs in the Basin 

Water Quality Standards and Policies for this 

Basin 

340-041-0170 

340-041-0174 

340-041-0175 

340-041-0180 

340-041-0184 

340-041-0185 

Basin-Specific Criteria (John Day) 

Beneficial Uses to Be Protected in the John Day 

Basin 

Approved TMDLs in the Basin 

Water Quality Standards and Policies for this 

Basin 

Basin-Specific Criteria (Klamath) 

Beneficial Uses to Be Protected in the Klamath 

Basin 

Approved TMDLs in the Basin 

Water Quality Standards and Policies for this 

Basin 

Basin-Specific Criteria (Malheur Lake) 

340-041-0190 Beneficial Uses to Be Protected in the Malheur 

Lake Basin 

340-041-0194 Approved TMDLs in the Basin 

340-041-0195 Water Quality Standards and Policies for this 

Basin 

Basin-Specific Criteria (Malheur River) 

340-041-0201 Beneficial Uses to Be Protected in the Malheur 

River Basin 

340-041-0204 Approved TMDLs in the Basin 

340-041-0207 Water Quality Standards and Policies for this 

Basin 

Basin-Specific Criteria (Mid Coast Basin) 

340-041-0220 Beneficial Uses to Be Protected in the Mid Coast 

Basin 

340-041-0224 Approved TMDLs in the Basin 

340-041-0225 Water Quality Standards and Policies for this 

Basin 

Basin-Specific Criteria (North Coast) 

Beneficial Uses to Be Protected in the Main Stem 340-041-0230 

Snake River 

Approved TMDLs in the Basin: 340-041-0234 

Water Quality Standards and Policies Specific to 340-041-0235 

the Main Stem Snake River 

Oregon Administrative Rules Compilation 

6-249 

Beneficial Uses to Be Protected in the North 

Coast Basin 

Approved TMDLs in the Basin 

Water Quality Standards and Policies for this 

Basin 

(11-13-09) 
Chapter 340 Department of Environmental Quality 

Basin-Specific Criteria (Owyhee) 

340-041-0250 Beneficial Uses to Be Protected in the Owyhee 

Basin 

340-041-0254 Approved TMDLs in the Basin 

340-041-0256 Water Quality Standards and Policies for this 

Basin 

Basin-Specific Criteria (Powder/Bumt) 

340-041-0260 Beneficial Uses to Be Protected in the 

Powder/Bumt Basins 

340-041-0264 Approved TMDLs in the Basin 

340-041-0265 Water Quality Standards and Policies for this 

Basin 

Basin-Specific Criteria (Rogue) 

340-041-0271 Beneficial Uses to Be Protected in the Rogue 

Basin 

340-041-0274 Approved TMDLs in the Basin 

340-041-0275 Water Quality Standards and Policies for this 

Basin 

Basin-Specific Criteria (Sandy Basin) 

340-041-0286 Beneficial Uses to Be Protected in the Sandy 

Basin 

340-041-0289 Approved TMDLs in die Basm 

340-041-0290 Water Quality Standards and Policies for this 

Basin 

Basin-Specific Criteria (South Coast) 

340-041-0300 Beneficial Uses to Be Protected in the South 

Coast Basin 

0304 Approved TMDLs in the Basin 

•0305 Water Quality Standards and Policies for this 

Basin 

340-041 

340-041 

Basin-Specific Criteria (Umatilla) 

340-041-0310 Beneficial Uses to Be Protected in the Umatilla 

Basin 

0314 Approved TMDLs in the Basin 

0315 Water Quality Standards and Policies for this 

Basin 

340-041. 

340-041-

Basin-Specific Criteria (Umpqua Basin) 

340-041-0320 Beneficial Uses to Be Protected in the Umpqua 

Basin 

340-041-0324 Approved TMDLs in the Basin 

340-041-0326 Water Quality Standards and Policies for this 

Basin 

Basin-Specific Criteria (Walla Walla) 

340-041-0330 Beneficial Uses to Be Protected in the Walla 

Walla Basin 

340-041-0334 Approved TMDLs in the Basin 

340-041-0336 Water Quality Standards and Policies for this 

Basin 

Basin-iSpecific Criteria (Willamette) 

340-041-0340 Beneficial Uses to Be Protected in the Willamette 

Basin 

340-041-0344 Approved TMDLs in the Basin 

340-041-0345 Water Quality Standards and Policies for this 

Basin 

340-041-0350 The Three Basin Rule: Clackamas, McKenzie 

(above RM 15) and the North Santiam 

DIVISION 42 

TOTAL MAXIMUM DAILY LOADS (TMDLS) 

340-042-0025 

340-042-0030 

2010 Edition 

PoUcy, Purpose and Effect 

Definitions 

340-042-0040 

340-042-0050 

340-042-0060 

340-042-0070 

340-042-0080 

340-043-0000 

340-043-0010 

340-043-0020 

340-043-0025 

340-043-0030 

340-043-0040 

340-043-0050 

340-043-0060 

Establishing Total Maximum Daily Loads 

(TMDLs) 

Public Participation 

Issuing a Total Maximum Daily Load 

Requesting Reconsideration or Appealing a Total 

Maximum Daily Load 

Implementing a Total Maximum Daily Load 

DIVISION 43 

CHEMICAL MINING 

Purpose and Policies 

Definitions 

Permit Required 

Permit Conditions on Assumption of Liability 

Permit Application 

Plan and Specifications 

Design, Construction, Operation and Closure 

Requirements 

Exemption from State Permit for Hazardous 

Waste Treatment or Disposal Facilities 

Guidelines for the Design, Construction, Operation 

and Closure of Chemical Mining Operations 

340-043-0070 Purpose 

340-043-0080 General Provisions 

340-043-0090 Control of Surface Water Run-On and Run-Off 

340-043-0100 Physical Stability of Retaining Structures and 

Emplaced Mine Materials 

340-043-0110 Protection of Wildlife 

340-043-0120 Guidelines for Design, Construction, and 

Operation of Heap-Leach FaciUties 

340-043-0130 Guidelines for Disposal of Mill TaiUngs 

340-043-0140 Guidelines for Disposal or Storage of Wasterock, 

Low-Grade Ore and Other Mined Materials 

340-043-0150 Guidelines for Heap-Leach and Tailings Disposal 

Facility Closure 

340-043-0160 Post-Closure Monitoring 

340-043-0170 Land Disposal of Wastewater 

340-043-0180 Guidelines for Open-Pit Closure 

DIVISION 44 

CONSTRUCTION AND USE OF WASTE DISPOSAL WELLS 

OR OTHER UNDERGROUND INJECTION ACTIVTriES 

(UNDERGROUND INJECTION CONTROL) 

340-044-0005 Definitions 

340-044-0010 Policy, Purpose and Effective Date 

340-044-0011 Classification of Underground Injection Systems 

340-044-0012 Authorization of Underground Injection 

340-044-0013 Exclusions froni Underground Injection Control 

Regulations 

340-044-0014 Prohibition of Groundwater Contamination 

340-044-0015 Prohibited Underground Injection 

340-044-0017 Repairs of Existing Sewage Drain Holes or 

Sewage Drill Holes 

340-044-0018 Authorization of Underground Injection by Rule 

340-044-0020 Registration and Inventory and Other Information 

Requirements 

340-044-0035 Authorization by Permit 

340-044-0040 Decommissioning and Conversion Requirements 

for Underground Injection Systems 

340-044-0055 Agreements With Other Jurisdictions 

DIVISION 45 

REGULATIONS PERTAINING TO NPDES 

AND WPCF PERMITS 

340-045-0005 Purpose 

340-045-0010 Definitions 

340-045-0015 Permit Requhed 

Oregon Administrative Rules Compilation 

6-250 (11-13-09) 
Chapter 340 Department of Environmental Quality 

340-045-0020 Non-Permitted Discharges 

340-045-0027 PubUc Notice and Participation Requirements For 

Permitting Actions 

340-045-0030 AppUcation for NPDES or WPCF Permit 

340-045-0033 General Permits 

340-045-0035 Issuance of NPDES Permits 

340-045-0037 Issuance of WPCF Permits 

340-045-0040 Renewal of NPDES or WPCF Permits 

340-045-0045 Transfer of an NPDES or WPCF Permit 

340-045-0050 Denial of an NPDES or WPCF Permit 

340-045-0055 Modification of an NPDES or WPCF Permit 

340-045-0060 Termination or Revocation of an NPDES or 

WPCF Permit 

340-045-0061 Special WPCF Permit (Short-Term) 

340-045-0062 Mutual Agreement and Order 

340-045-0063 Industrial Waste Pretreatment 

340-045-0065 Other Requirements 

340-045-0070 Permit Fees 

340-045-0075 Permit Fee Schedule 

Effect of a Permit 

340r045-0080 Purpose 

DIVISION 46 

DEPOSIT OF MOTOR VEHICLE BODIES AND 

ACCESSORIES INTO THE WATERS OF THE STATE 

340-046-0005 Purpose 

-340-046-0010 Definitions 

340-046-0015 Beneficial Uses 

340-046-0020 Requirements for Deposit 

340-046-0025 Specific Requirements 

340-046-0030 Other Governmental Requirements 

340-046-0035 Violations 

DIVISION 48 

CERTIFICATION OF COMPLIANCE WITH WATER 

QUALITY REQUIREMENTS AND STANDARDS 

340-048-0005 Purpose 

340-048-0010 Definitions 

340-048-0015 When Certification Required 

340-048-0020 Application for Certification 

340-048-0027 Public Participation 

340-048-0032 Dredge and Fill 

340-048-0037 HART Coordination 

340-048-0042 Certification Decision 

340-048-0045 Issuance and Appeal of Certification Decision 

340-048-0050 Modification or Revocation of a Certificate 

340-048-0055 Fee Schedule for Certifications 

DIVISION 49 

WASTEWATER SYSTEM OPERATOR CERTIFICATION 

340-049-0005 

340-049-0010 

340-049-0015 

340-049-0020 

340-049-0025 

340-049-0030 

340-049-0035 

340-049-0040 

340-049-0045 

340-049-0050 

340-049-0055 

340-049-0060 

2010 Edition 

Preface 

Definitions 

General Requirements 

Classification of Wastewater Systems 

Criteria for Classifying Wastewater Treatment 

Systems 

Minimum Qualifications for Wastewater 

Treatment System and Wastewater Collection 

System Operator Certification 

Certification of Wastewater Treatment System 

and Wastewater Collection System Operators 

Certificate and Renewal 

Reinstatement of Expired Certificates 

Certificate and Reciprocity 

Examinations 

Operator Certification and Operator Certification 

Program Support Fees 

340-049-0065 

340-049-0070 

340-049-0075 

340-049-0080 

340-049-0082 

340-049-0085 

Fee Schedules for Wastewater System Operator 

Certification and Operator Certification Program 

Support 

Contracts for Part-Time Supervision 

Variances 

Refusal and Revocation of Certificate and Appeal 

Process 

Penalty Provisions 

Advisory Committee 

DIVISION 50 

LAND APPLICATION OF DOMESTIC WASTEWATER 

TREATMENT FACILITY BIOSOLIDS, BIOSOLIDS 

DERIVED PRODUCTS, AND DOMESTIC SEPTAGE 

340-050-0005 Purpose 

340-050-0006 PoUcy 

340-050-0010 Definitions 

340-050-0015 Permit or License Required 

340-050-0020 Responsibility 

340-050-0025 Limitations and Restricted Uses 

340-050-0026 General Standards 

340-050-0030 Biosolids and Domestic Septage Land Application Site Selection and Approval 

340-050-0031 Biosolids and Domestic Septage Management 

Plans 

340-050-0032 Biosolids FaciUties Plans and Specifications 

340-050-0035 Monitoring Recordkeeping and Reporting 

Best Management Practices for Site Selection and the Use and 

Application of Bulk Biosolids and Domestic Septage 

340-050-0060 Purpose 

340-050-0065 Use Limitations 

340-050-0070 Criteria for Site Selection and Approval 

340-050-0080 Application of Biosolids and Domestic Septage 

DIVISION 51 

CONFINED ANIMAL FEEDING OR 

HOLDING OPERATIONS 

340-051-0005 Purpose 

340-051-0007 Implementation of OAR 340-051 

340-051-0010 Definitions 

340-051-0015 New, Modified or Expanded Facilities and 

Operations 

340-051-0020 Construction, Operation and Maintenance 

Requirements 

340-051-0025 Variances from Specified Requirements 

340-051-0030 Advisory Committee 

Guidelines for the Design and Operation of 

Animal Waste Control Facilities 

340-051-0050 

340-051-0055 

340-051-0060 

340-051-0065 

340-051-0070 

340-051-0075 

340-051-0080 

Scope 

Drainage and Waste Volume Control 

Collection and Storage FaciUties 

Conveyance, Facilities and Practices 

Disposal Facilities and Practices 

Incidental Control Practices 

Sources of Qualified Assistance for Design of 

Facilities 

DIVISION 52 

REVIEW OF PLANS AND SPECIFICATIONS 

340-052-0005 

340-052-0010 

340-052-0015 

340-052-0020 

340-052-0025 

340-052-0030 

Oregon Administrative Rules Compilation 

6-251 

Purpose 

Definitions 

Submittal of Plans 

Performance Requirements and Guidelines for 

Technical Review 

Approval of Plans 

Meaning of Approval 

(11-13-09) 
Chapter 340 Department of Environmental Quality 

340-052-0035 

340-052-0040 

340-052-0045 

340-052-0050 

Rejection of Plans 

Responsibility of Treatment Works Owners, 

Design Engineers and Developers After Approval 

of Plans for (Domestic) Sewage Projects 

Exemption from Plan Submittal to the Department 

Treatment Works and Sewerage Systems Utilizing 

New or Unproven Technology 

DIVISION 54 

CLEAN WATER STATE REVOLVING FUND PROGRAM 

340-054-0005 Purpose 

340-054-0010 Defmitions 

340-054-0015 Project Eligibility 

340-054-0020 Uses of die Fund 

340-054-0021 Expedited Loans 

340-054-0022 Local Community Loans 

340-054-0023 Plannmg Loans 

340-054-0024 Design Loans and Constmction Loans 

340-054-0025 Application Process; Project Priority List; 

Intended Use Plan; AUocation of Funds 

340-054-0035 Final Stage of Application Process for Design 

Loans or Construction Loans 

340-054-0055 Loan Approval and Review Criteria 

340-054-0060 Loan Agreement and Conditions 

340-054-0065 Loan Terms and Interest Rates 

Wastewater Hardship Grant Program 

340-054-0085 Wastewater Hardship Grant Program 

340-054-0087 Definitions 

340-054-0090 AppUcant EUgibility 

340-054-0093 Uses of Grant Funds 

340-054-0095 Selection of Grantees 

340-054-0097 Coordination with Clean Water State Revolving 

Fund Loans 

Funding under the 2009 American Recovery 

and Reinvestment Act (Act) 

340-054-0098 Definitions 

340-054-0100 Implementation within the Clean Water State 

Revolving Fund Progreun 

340-054-0102 Project Eligibility under the Act 

340-054-0104 Use of Funds, Intended Use Plan Under the Act 

340-054-0106 Allocation of Act Funds 

340-054-0108 Financial Tenns 

Funding under the State Fiscal Year 2010 Special Reserve 

340-054-0110 

340-054-0112 

340-054-0114 

340-054-0116 

340-054-0118 

340-055-0005 

340-055-0007 

340-055-0010 

340-055-0012 

340-055-0013 

340-055-0016 

340-055-0017 

340-055-0020 

340-055-0022 

340-055-0025 

340-055-0030 

2010 Edition 

Purpose and Applicability 

Use of the Special Reserve 

Allocation of Funds 

Financial Terms 

Intended Use Plan 

DIVISION 55 

RECYCLED WATER USE 

Purpose 

PoUcy 

Definitions 

Recycled Water Quality Standards and 

Requirements 

Exempted Use of Recycled Water 

General Requirements for Permitting the Use of 

Recycled Water 

Treatment and Use of Recycled Water 

Groundwater Quality Protection 

Monitoring and Reporting 

Recycled Water Use Plan 

Operational Requirements for the Treatment and 

Distribution of Recycled Water 

DIVISION 56 

INSTREAM WATER RIGHTS 

340-056-0005 Purpose 

340-056-0015 PoUcy 

340-056-0100 Defmitions 

340-056-0200 Selection of Receiving Waters for Instream Water 

Rights Application 

340-056-0300 Instream Water Rights Evaluation and AppUcation Procedures 

340-056-0320 Periodic Review of Instream Water Rights 

340-056-0400 Flow Determination Methodology 

DIVISION 64 

WASTE TIRE PROGRAM: WASTE TIRE STORAGE 

SITE AND WASTE TIRE CARRIER PERMITS 

340-064-0005 Purpose 

340-064-0010 Definitions 

340-064-0015 Waste The Storage Permit Required 

340-064-0018 "Fhst-Stage" or Lunited Duration Permit 

340-064-0020 "Second-Stage" or Regular Pemiit 

340-064-0022 Financial Assurance 

340-064-0025 Permittee Obligations 

340-064-0030 Department Review of AppUcations for Waste 

Tire Storage Sites 

340-064-0035 Standards for Waste Tire Storage Sites 

340-064-0040 Closure 

340-064-0045 Closure Procedures 

340-064-0050 Modification of Solid Waste Disposal Site Permit 

Requked 

340-064-0052 Disposal of Tires at Solid Waste Disposal Sites: 

Ban; Chipping Standards Disposals 

340-064-0055 Waste The Carrier Permit Required 

340-064-0063 Waste Tire Carrier Permittee Obligations 

340-064-0070 Department Review of Waste The Carrier Permit 

Applications 

340-064-0075 Permit Suspension or Revocation 

340-064-0080 Proper Disposition of Waste Tires and Documentation Requked of Generators of Waste Tires 

Reimbursements to Users of Waste Tires and Cleanup 

Funds for Tire Storage Sites 

340-064-0090 

340-064-0100 

340-064-0110 

340-064-0115 

340-064-0120 

340-064-0130 

340-064-0135 

340-064-0150 

340-064-0155 

340-064-0160 

340-064-0165 

340-064-0170 

Policy on Use of Waste Tire Recycling Account 

Funds 

Reimbursement for Use of Waste Tkes 

Uses of Waste Tires Eligible for Reimbursement 

Who May Apply for a Reimbursement 

Application for Reimbursement 

Basis of Reimbursement 

Processing and Approval of Applications 

Use of Waste Tke Site Cleanup Funds 

Criteria for Use of Funds to Clean Up Permitted 

Waste Tire Sites or Conclude Negotiated Settlements for Cleanups 

Procedure for Use of Cleanup Funds for a 

Permitted Waste Tke Storage Site 

Use of Cleanup Funds for Abatement by the 

Department 

Procedure for Use of Cleanup Funds by Negotiated Settlement 

DIVISION 71 

ONSITE WASTEWATER TREATMENT SYSTEMS 

340-071-0100 

340-071-0110 

340-071-0115 

340-071-0120 

340-071-0130 

Oregon Administrative Rules Compilation 

6-252 

Definitions 

Purpose 

Technical Review Committee 

Jurisdiction and Policy 

General Standards, Prohibitions and Requirements 

(11-13-09) 
Chapter 340 Department of Environmental Quality 

340-071-0131 Time of Transfer Evaluation 

340-071-0135 Approval of New or Innovative Technologies, 

Materials, or Designs for Onsite Systems 

340-071-0140 Onsite System Fees 

340-071-0150 Site Evaluation Procedures 

340-071-0155 Existing System Evaluation Report 

340-071-0160 Permit Application Procedures — Constmction, 

Installation, Alteration, and Repak Permits 

340-071-0162 Permit AppUcation Procedures — WPCF Permits 

340-071-0165 Permit Denial Review — ConstructionInstallation, Repak, Alteration Permits 

340-071-0170 Pre-Cover Inspections 

340-071-0175 Certificate of Satisfactory Completion 

340-071-0185 Decommissioning of Systems 

340-071-0200 Prior Constmction Permits or Approvals 

340-071-0205 Authorization to Use Existing Systems 

340-071-0210 Alteration of Existing Onsite Wastewater 

Treatment Systems 

340-071-0215 Repak of Existing Systems 

340-071-0220 Standard Subsurface Systems 

340-071-0260 Altemative Systems, General 

340-071-0265 Capping Fills 

340-071-0270 Evapotranspkation-Absorption (ETA) Systems 

340-071-0275 Pressurized Distinbution Systems 

340-071-0280 Seepage Trench System 

340-071-0285 Redundant Systems 

340-071-0290 Conventional Sand Filter Systems 

340-071-0295 Conventional Sand Filter Design and Constmction 

•0302 Recirculating Gravel Filter (RGF) 

•0310 Steep Slope Systems 

•0315 Tile Dewatering System 

•0320 SpUt Waste Method 

•0325 Gray Water Waste Disposal Sumps 

•0330 Nonwater-Carried Systems 

•0335 Cesspools and Seepage Pits 

•0340 Holding Tanks 

•0345 Altemative Treatment Technologies (ATTs) 

•0360 Absorption Trenches in Saproiite 

•0400 Geographic Area Special Considerations 

•0410 Rural Area Consideration 

•0415 For Cause Variances 

•0420 Hardship Variances 

•0425 Variance Officers 

•0430 Variance Hearings and Decisions 

•0435 Variance Permit Issuance, Inspections, Certificate of Satisfactory Completion 

340-071-0440 Variance Appeals 

340-071-0445 Variance Administrative Review 

340-071-0460 Moratorium Areas 

340-071-0500 Community Systems 

340-071-0520 Large Systems 

340-071-0600 Sewage Disposal Service Licenses 

340-071-0650 Training and Certification Requirements for 

System Installers and Maintenance Providers 

DIVISION 73 

CONSTRUCTION STANDARDS 

340-073-0025 Tank Construction 

340-073-0026 Septic Tanks 

340-073-0030 Dosing Septic Tank 

Distribution Boxes, Drop Boxes, and Diversion Valves . 

340-071 

340-071 

340-071 

340-071^ 

340-071 

340-071 

340-071 

340-071 

340-071 

340-071 

340-071 

340-071 

340-071 

340-071 

340-071 

340-071 

340-071 

340-073-0035 

340-073-0040 

340-073-0041 

340-073-0045 

340-073-0050 

340-073-0055 

340-073-0056 

340-073-0060 

2010 Edition 

Distribution Boxes 

Drop Boxes 

Filter Fabric 

Diversion Valves 

Dosing Tanks 

Dosing Assemblies: Effluent Pumps, Controls 

and Alarms, and Dosing Siphons 

Effluent Filters 

Pipe Materials and Construction 

Nonwater-Carried Waste Disposal Facilities, 

Materials, and Construction 

340-073-0065 Privies and Portable Toilet Shelters 

340-073-0070 Unsealed Earth Pits for Privies 

340-073-0075 Self-Contained Nonwater-Carried Toilet Facilities 

340-073-0080 Construction of Gray Water Waste Disposal 

Sumps 

340-073-0085 Flexible Membrane Liners for Sand Filters 

Treating Septic Tank Effluent 

DIVISION 81 

STATE FINANCIAL ASSISTANCE TO PUBLIC AGENCIES 

FOR WATER POLLUTION CONTROL FACILITIES 

340-081-0005 Purpose 

340-081-0010 Definitions 

Water Pollution Control Facilities 

340-081-0015 EUgible Projects 

340-081-0020 Eligible Costs 

340-081-0026 Nature and Limitations of Financial Assistance 

340-081-0031 PreUminary Request for Financial Assistance 

340-081-0036 Prioritization of Preluninary Applications 

340-081-0041 Priority Point Schedule 

340-081-0046 Execution of Loan Agreement 

340-081-0051 Loan Closing 

340-081-0100 Rejection of Applications 

340-081-0110 Assessment Deferral Loan Program Revolving 

Fund 

DIVISION 82 

STATE FINANCLU. ASSISTANCE TO PUBLIC 

AGENCIES FOR POLLUTION CONTROL FACILITIES 

FOR THE DISPOSAL OF SOLID WASTE 

340-082-0005 

340-082-0010 

Purpose 

Definitions 

Solid Waste Disposal Pollution Control Facilities 

340-082-0015 Eligible Projects and Project Priorities 

340-082-0020 EUgible Costs 

340-082-0025 Special Considerations on Eligible Costs for 

Equipment 

340-082-0030 Application Documents 

340-082-0035 Application Review 

340-082-0040 Loan or Obligation Purchase Agreement 

340-082-0045 Constmction Bid Documents Requked 

340-082-0050 Advancement of Loan or Obligation Purchase 

Funds 

340-082-0055 Advancement of State Grant Funds 

DIVISION 83 

SOLID WASTE PLANNING AND RECYCLING 

GRANT RULES 

340-083-0010 Purpose and Scope 

340-083-0020 Defmitions 

340-083-0030 Eligible Applicants 

340-083-0040 Eligible Projects 

340-083-0050 Ineligible Activities and Costs 

340-083-0070 Selection Criteria 

340-083-0080 Application Procedures 

340-083-0090 Review and Approval 

340-083-0100 Grant Agreements and Conditions 

DIVISION 90 

RECYCLING AND WASTE REDUCTION 

340-090-0005 

340-090-0010 

Purpose 

Definitions 

Oregon Administrative Rules Compilation 

6-253 (11-13-09) 
Chapter 340 Department of Environmental Quality 

340-090-0015 Scope and Applicability 

340-090-0020 Oppominity to Recycle 

340-090-0030 General Requkements 

340-090-0040 Local Government Recycling Program Elements 

340-090-0045 Wasteshed Programs for Two Percent Recovery 

Rate Credit 

340-090-0050 Wasteshed Designation and Recovery Rates 

340-090-0060 Determination of Recovery Rates 

340-090-0070 Principal Recyclable Material 

340-090-0080 Alternative Methods for Providing the Opportunity to Recycle 

340-090-0090 Collection of Recyclable Materials 

340-090-0100 Reporting Requkements 

340-090-0110 Minimum Content Reporting Requirements 

340-090-0120 Confidential Information 

340-090-0130 Fak Market Value Exemption 

340-090-0140 Recyclable Material 

340-090-0150 Due Consideration 

340-090-0180 Used Oil Recycling Signs 

340-090-0190 Yard Debris RecycUng Charges 

340-090-0310 Rigid Plastic Containers: Purpose 

340-090-0320 Definitions 

340-090-0330 Rigid Plastic Containers 

340-090-0340 Exempt Rigid Plastic Containers 

340-090-0350 Comphance Standards 

340-090-0360 Recycled Content Compliance 

340-090-0370 RecycUng Rate CompUance 

340-090-0380 RecycUng Rate Calculation 

340-090-0390 Waste Composition 

340-090-0400 Responsibilities of a Product Manufacmrer 

340-090-0410 Responsibilities of a Container Manufacturer 

340-090-0420 Confidential Information Procedure 

340-090-0430 Violations 

340-090-0510 Mercury Thermostat LabeUng 

DIVISION 91 

WASTE REDUCTION PROGRAM AND 

RECYCLING CERTIFICATION 

340-091-0010 Purpose for Waste Reduction Programs and 

Recycling Certification 

340-091-0020 AppUcabiUty for Waste Reduction Programs and 

RecycUng Certification 

340-091-0030 Standards for Recycling Certification 

340-091-0035 Notification of Intent to Receive Out-of-State 

Waste and Compliance "Demonstration" 

340-091-0040 Decertification, Recertification, and Variances 

340-091-0050 Initial Reports Required for Recycling 

Certification 

Equivalents for Out-of-State Persons-Recycling 

Certification 

•0070 Standards for Waste Reduction Programs 

•0080 Submittals, Approval, and Amendments for Waste 

Reduction Programs 

DIVISION 93 

340-091-0060 

340-091 

340-091 

SOLID WASTE: GENERAL PROVISIONS 

340-093 

340-093-

340-093-

340-093-

340-093-

340-093-

340-093-

340-093-

340-093-

340-093-

340-093-

340-093-

340-093-

0005 

0010 

0020 

0030 

0040 

0050 

0060 

0070 

0080 

0090 

0100 

0105 

0110 

Purpose and Applicability 

PoUcy 

State of Oregon SoUd Waste Plan 

Definitions 

Prohibited Disposal 

Permit Required 

Letter Authorizations 

Applications for Permits 

Variances and Permit Exemptions 

Preliminary Approval 

Public Notice and Participation Requirements 

Regarding Permit Actions 

Categories for Permit Actions 

Issuance or Denial of a Permit 

340-093-0113 Department Initiated Modification of a Pemiit 

340-093-0115 Termination or Revocation of a Permit 

340-093-0120 Violations 

340-093-0130 Site Characterization Report(s) 

340-093-0140 Detailed Plans and Specifications Requked 

340-093-0150 Constmction Certification 

340-093-0160 Place for Collecting Recyclable Material 

340-093-0170 Cleanup Materials Contaminated with Hazardous 

Substances 

340-093-0190 Wastes Requiring Special Management 

340-093-0210 Storage and Collection 

340-093-0220 Transportation 

340-093-0250 Landfill Sitmg: Request for DEQ Assistance 

DIVISION 94 

SOLID WASTE: MUNICIPAL SOLID WASTE LANDFILLS 

340-094-0001 Applicability 

340-094-0010 Adoption of United States Envkonmental Protection Agency Municipal SoUd Waste Regulations 

340-094-0020 State FlexibiUty 

340-094-0030 Location Restrictions 

340-094-0040 Operating Criteria 

340-094-0060 Design Criteria 

340-094-0080 Groundwater Monitoring and Corrective Action 

340-094-0100 Closure and Post-Closure Care: Closure Permits 

340-094-0110 Closure and Post-Closure Care: Closure Plans 

340-094-0115 Closure and Post-Closure Care: Post-Closure 

Plans 

340-094-0120 Closure Requirements 

340-094-0130 Post-Closure Care Requkements 

340-094-0140 Financial Assurance Criteria 

340-094-0145 Financial Assurance Mechanisms 

DIVISION 95 

SOLID WASTE: LAND DISPOSAL SITES OTHER THAN 

MUNICIPAL SOLID WASTE LANDFILLS 

340-095-0001 Applicability 

340-095-0010 Location Restrictions 

340-095-0020 Operating Criteria 

340-095-0030 Design Criteria 

340-095-0040 Groundwater Monitoring and Corrective Action 

340-095-0050 Closure and Post-Closure Care: Closure Permits 

340-095-0060 Closure and Post-Closure Care: Closure Plans 

340-095-0065 Closure and Post-Closure Care: Post-Closure 

Plans 

340-095-0070 Closure Requirements 

340-095-0080 Post-Closure Care Requkements 

340-095-0090 Financial Assurance Criteria 

Financial Assurance Mechanisms 

340-095-0095 Forms of Financial Assurance 

DIVISION 96 

SOLID WASTE: SPECIAL RULES FOR SELECTED 

SOLID WASTE DISPOSAL SITES 

340-096-0001 

340-096-0010 

340-096-0030 

340-096-0040 

340-096-0050 

340-096-0060 

340-096-0070 

340-096-0080 

2010 Edition 

Oregon Administrative Rules Compilation 

6-254 

Applicability 

Special Rules Pertaining to Incineration 

Special Rules Pertaining to Sludge and Land 

Application Disposal Sites 

Transfer Stations and Material Recovery Facilities 

Solid Waste Treatment Facilities 

Special Rules Pertaining to Composting: 

Applicability 

Special Rules Pertaining to Composting: 

Performance Standards 

Special Rules Pertaining to Composting: 

Screening 

(11-13-09) 
Chapter 340 Department of Environmental Quality 

340-096-0090 

340-096-0100 

340-096-0110 

340-096-0120 

340-096-0130 

340-096-0140 

340-096-0150 

340-097-0001 

340-097-0110 

340-097-0120 

Special Rules Relating to Composting: 

Operations Plan Approval 

Special Rules Relating to Composting: 

Registration 

Special Rules Pertaining to Composting: 

Composting Permit 

Special Rules Pertaining to Composting: 

Groundwater Protection 

Special Rules Pertaining to Composting: Leachate 

Collection Design and Management 

Requirements 

Special Rules Pertaining to Composting: 

Pathogen Reduction 

Special Rules Pertaining to Composting: 

Unacceptable Odors 

DIVISION 97 

SOLID WASTE: PERMIT FEES 

AppUcabiUty 

Sohd Waste Permit and Disposal Fees 

Permit/Registration Categories and Fee Schedule 

DIVISION 100 

HAZARDOUS WASTE MANAGEMENT 

Hazardous Waste Management System: General 

340-100-0001 

340-100-0002 

340-100-0003 

340-100-0004 

340-100-0005 

340-100-0010 

340-100-0020 

340-100-0021 

340-100-0022 

Purpose and Scope 

Adoption of United States Environmental 

Protection Agency Hazardous Waste and Used 

Oil Management Regulations 

Public Disclosure and Confidentiality 

Table of Contents, Divisions 100 to 120 

Public Availability of Information 

Definitions 

Petitions, General 

Petitions for Equivalent Testing or Analytical 

Methods 

Petitions to Amend Division 101 to Exclude a 

Waste Produced at a Particular Facility 

DIVISION 101 

IDENTIFICATION AND LISTING OF 

HAZARDOUS WASTE 

340-101-0001 

340-101-0004 

340-101-0007 

340-101-0030 

340-101-0033 

340-101-0040 

340-101-0050 

Purpose and Scope 

Exclusions 

Special Requirements For Hazardous Waste 

Generated By Conditionally Exempt Small 

Quantity Generators 

Chemical Agent Munitions and Chemical Agent 

Bulk Items 

Additional Hazardous Wastes 

Wastes Requiring Special Management 

Standards for Materials Being Recycled 

DIVISION 102 

STANDARDS APPLICABLE TO GENERATORS OF 

HAZARDOUS WASTE 

340-102-0010 

340-102-0011 

340-102-0012 

340-102-0034 

340-102-0040 

340-102-0041 

340-102-0050 

340-102-0065 

340-102-0070 

2010 Edition 

Purpose, Scope and Applicability. 

Hazardous Waste Determination 

Identification Number and Verification 

Accumulation Time, Container and 

Management Standards 

Recordkeeping 

Generator Reporting 

Intemational Shipments 

Hazardous Waste Generator Fees 

Farmers 

Tank 

DIVISION 103 

HAZARDOUS WASTE MANAGEMENT 

Standards Applicable to Transporters of 

Hazardous Waste by Air or Water 

340-103-0010 

340-103-0011 

340-103-0030 

340-103-0031 

Purpose and Applicability 

Identification Number 

Immediate Action 

Discharge Cleanup 

DIVISION 104 

STANDARDS FOR OWNERS AND OPERATORS OF 

HAZARDOUS WASTE TREATMENT STORAGE 

AND DISPOSAL FACILITIES 

340-104-0001 Purpose, Scope and Applicability 

340-104-0003 Relationship to Interim Status 

340-104-0004 Imminent Hazard Action 

340-104-0011 Identification Number 

340-104-0012 Requked Notices 

340-104-0021 General Inspection Provisions 

340-104-0029 Unsaturated Zone Monitoring Program 

340-104-0056 Emergency Procedures 

340-104-0074 AvailabUity of Records 

340-104-0075 Periodic Report 

340-104-0143 Financial Assurance for Facility Closure 

340-104-0145 Financial Assurance for Post-Closure Care 

340-104-0147 Liabihty Requkements 

340-104-0149 Use of State-Requked Mechanisms 

340-104-0150 State Assumption of Responsibility 

340-104-0151 Wording of the Instmments 

340-104-0220 Applicability to Surface Impoundments 

340-104-0228 Closure and Post-Closure Care of Surface 

Impoundments 

340-104-0258 Closure and Post-Closure Care for Waste Piles 

340-104-0276 Food-Chain Crops 

340-104-0339 Procedure for Prohibiting the Land Disposal of 

Any Hazardous Waste 

340-104-0340 Applicability to Incinerators 

340-104-0343 Performance Standards 

340-104-1201 Design and Operating Standards 

DIVISION 105 

MANAGEMENT FACILITY PERMITS 

340-105-0001 

340-105-0003 

340-105-0005 

340-105-0010 

340-105-0012 

340-105-0013 

340-105-0014 

340-105-0020 

340-105-0021 

340-105-0030 

340-105-0040 

340-105-0041 

340-105 

340-105 

340-105 

340-105 

340-105 

340-105 

340-105 

340-105 

340-105-

0051 

0061 

0110 

0113 

0115 

0120 

0125 

0130 

0140 

Oregon Administrative Rules Compilation 

6-255 

Purpose, Scope and AppUcabiUty 

Considerations Under Federal Law 

State Program Reporting 

General Application Requirements and Requirements Applicable to Existing Management 

Facilities 

Confidentiality of Infomiation 

Contents of Part A of the Permit AppUcation 

Contents of Part B 

Specific Part B Information Requirements for 

Land Treatment Facilities 

Specific Part B Information Requirements for 

Landfills 

Conditions AppUcable to All Permits 

Permit Transfers 

Modification or Revocation and Reissuance of 

Permits 

Continuation of Expking Permits 

Emergency Permits 

Facility Permit Charges and Fees 

Fee Schedules 

Interim Status 

Hazardous Waste Management Fee 

Corrective Action Cost Recovery 

Facility Fee Late Charges and Collections 

General Inspection Provisions 

(11-13-09) 
Chapter 340 Department of Environmental Quality 

DIVISION 106 

PERMITTING PROCEDURES 

340-106-0001 Purpose and Scope 

340-106-0002 Requirements Not AppUcable 

340-106-0003 Recommendations by State Agencies on Waste 

Disposal Facility AppUcations 

340-106-0004 Application Review 

340-106-0005 Modification, Revocation and Reissuance, or 

Termination of Permits 

340-106-0006 Draft Pennits 

340-106-0012 Public Hearings on Disposal Facility Draft 

Permits 

DIVISION 109 

MANAGEMENT OF PESTICIDE WASTES 

General 

340-109-0001 Purpose and Applicability 

Pesticides 

340-109-0010 Pesticide Residue Waste Management 

Empty Containers 

340-109-0020 Empty Container Management 

DIVISION 110 

POLYCHLORINATEDS BIPHENYLS (PCBS) 

General 

340-110-0001 

340-110-0003 

340-110-0020 

340-110-0040 

340-110-0060 

340-110-0061 

340-110-0065 

340-110-0070 

340-110-0075 

340-110-0077 

340-110-0080 

340-111-0000 

340-111-0010 

340-111-0020 

340-111-0030 

340-111-0032 

340-111-0035 

340-111-0037 

340-111-0040 

340-111-0050 

340-111-0060 

340-111-0070 

Purpose, Scope and Applicability 

Definitions 

Manufacturing, Processing, Distribution in 

Commerce and Use of PCB and PCB Items 

Marking of PCB and PCB Items 

Treatment and Disposal 

Additional Disposal Requkements 

Storage for Disposal 

Incineration 

LandfilUng 

Permits 

Records and Reports 

Records and Monitoring 

DIVISION 111 

USED OIL MANAGEMENT 

Purpose and Scope 

AppUcabiUty 

Definitions 

Prohibitions 

Used Oil Storage 

On-Site Burning in Space Heaters 

Off-Site Shipments 

Notification 

Used Oil Discharges and Releases 

Reporting 

Disposal 

DIVISION 113 

UNIVERSAL WASTE MANAGEMENT 

340-113-0000 Purpose and Scope 

340-113-0010 Applicability 

340-113-0020 Definitions 

340-113-0030 Standards for Small and Large Quantity Handlers 

of Universal Waste 

340-113-0040 Standards for Off-Site Collection Sites 

2010 Edition 

340-113-0050 Standards for Destination Facilities 

340-113-0060 Petitions to Include Other Wastes Under OAR 

340-113 

340-113-0070 Pesticide Collection Programs 

DIVISION 120 

ADDITIONAL SITING AND PERMITTING 

REQUIREMENTS FOR HAZARDOUS WASTE AND 

PCB TREATMENT AND DISPOSAL FACILITIES 

340-120-0001 Purpose and Applicability 

340-120-0005 Permitting Procedure 

340-120-0010 Contents of an Authorization to Proceed Request 

340-120-0015 Land Use Compatibility Findings 

340-120-0020 Community Participation 

340-120-0025 Off-Site Transportation Emergencies 

DIVISION 122 

HAZARDOUS SUBSTANCE REMEDIAL ACTION RULES 

340-122-0010 Purpose 

340-122-0030 Scope and AppUcabiUty 

340-122-0040 Standards 

340-122-0047 Generic Remedies 

340-122-0050 Activities 

340-122-0070 Removal 

340-122-0071 Site Evaluation 

340-122-0072 PreUminary Assessments 

340-122-0073 Confirmation of a Release 

340-122-0074 Development of Confirmed Release List 

340-122-0075 Development of Inventory 

340-122-0076 Inventory Ranking 

340-122-0077 Initiation of Process for DeUsting Facilities from 

the Confirmed Release List and Inventory 

340-122-0078 Inventory DeUsting — PubUc Notice and Participation 

•0079 DeUsting — Determination by the Director 

•0080 Remedial Investigation 

•0084 Risk Assessment 

•0085 Feasibility Study 

•0090 Selection or Approval of the Remedial Action 

•0100 Public Notice and Participation 

•0110 Administrative Record 

•0115 Definitions 

•0120 Security Interest Exemption 

•0130 Involuntary Acquisition of Property by the 

Government 

340-122-0140 Exemption for ORS Chapter 709 Trust Companies Acting as Fiduciaries 

340-121 

340-122 

340-122 

340-122 

340-122 

340-122^ 

340-122 

340-122^ 

340-122-

340-122-

Cleanup Rules for Leaking Petroleum UST Systems 

340-122-0205 

340-122-0210 

340-122-0215 

340-122-0217 

340-122-0218 

340-122-0220 

340-122-0225 

340-122-0230 

340-122-0235 

340-122-0240 

340-122-0243 

340-122-0244 

340-122-0250 

340-122-0252 

340-122-0260 

340-122-0320 

340-122-0325 

340-122-0330 

340-122-0335 

340-122-0340 

Oregon Administrative Rules Compilation 

6-256 

Purpose 

Definitions 

Scope and Applicability 

Requkements and Remediation Options 

Sampling and Analysis 

Initial Response 

Initial Abatement Measures and Site Check 

Initial Site Characterization 

Free Product Removal 

Investigation for Magnitude and Extent of 

Contamination 

Low-Impact Sites 

Risk-Based Concentrations 

Corrective Action Plan 

Generic Remedies 

Public Participation 

Soil Matrix Cleanup Options 

Evaluation of Matrix Cleanup Level 

Evaluation Parameters 

Numeric Soil Cleanup Standards 

Sample Number and Location 

(11-13-09) 
Chapter 340 Department of Environmental Quality 

340-122-0345 Sample Collection Methods 

340-122-0355 Evaluation of Analytical Results 

340-122-0360 Reporting Requkements 

Solid Waste Orphan Site Account 

340-122-0510 Purpose 

340-122-0520 Definitions 

340-122-0530 Eligible Sites 

340-122-0540 Funding Factors 

340-122-0550 Grants and Loans 

340-122-0560 AppUcation Process 

340-122-0570 Funding Conditions 

340-122-0580 Application of Surcharge Proceeds 

340-122-0590 Limitations 

DIVISION 124 

STANDARDS APPLICABLE TO DRY CLEANING 

FACILITIES AND DRY STORES 

340-124-0010 Purpose of Rules 

340-124-0015 Applicability 

340-124-0020 Definitions 

340-124-0040 Waste Minimization Requkements 

340-124-0050 Notification of Change at A Dry Cleaning 

Business or Dry Store 

340-124-0055 Requirements for Dry Stores 

340-124-0060 Funding from Dry Cleaner Environmental 

Response Account at Dry Cleaning Facilities 

340-124-0065 Priority Ranking System 

340-124-0070 Remedial Actions Prior to Funding from Account 

340-124-0080 Enrolled Inactive Site List 

DIVISION 130 

ENVIRONMENTAL HAZARD NOTICES 

340-130-0001 Purpose and Policies 

340-130-0005 Definitions 

340-130-0010 Exclusions 

340-130-0015 Factors for Issuing a Notice 

340-130-0020 Use Restriction to Accompany a Notice 

340-130-0025 Procedure for Issuing a Notice 

340-130-0030 Procedures for Rescinding or Modifying a Notice 

340-130-0035 Procedures for Cities and Counties 

DIVISION 135 

TOXIC USE REDUCTION AND HAZARDOUS 

WASTE REDUCTION REGULATIONS 

340-135-0000 Purpose 

340-135-0010 Policies 

340-135-0020 Definitions 

340-135-0030 AppUcabiUty 

340-135-0040 Toxic Substances and Hazardous Wastes 

Identification 

340-135-0050 Planning and Notification 

340-135-0055 Implementation Summary 

340-135-0090 Information Access 

340-135-0105 Technical Assistance and Restrictions on 

Enforcement 

340-135-0110 CompUance and Enforcement Procedures 

DIVISION 140 

ILLEGAL DRUG LAB CLEANUP ASSISTANCE 

340-140-0010 

340-140-0020 

340-140-0040 

340-140-0050 

340-140-0060 

340-140-0070 

2010 Edition 

Authority, Purpose, and Scope 

Definitions 

Extent of Assistance to be Provided 

Responsibilities for Ownership of Waste, Storage, 

and Security 

Evidence Management 

Funding Participation 

340-140-0080 Records of Cleanups and Disposals 

340-140-0090 Recovered Funds 

340-140-0100 Confiscated Materials Management 

DIVISION 141 

OIL SPILL CONTINGENCY PLANNING AND FEES 

340-141-0001 Purpose and Applicability 

340-141-0005 Definitions as used in this Division 

340-141-0010 Program Administration and CompUance Fees 

340-141-0100 Plan Preparation 

340-141-0130 Plan Format Requkements 

340-141-0140 Plan Content Requirements 

340-141-0150 Oil SpiU Contingency Planning Standards 

340-141-0160 Prevention Strategies for Facilities 

340-141-0170 Prevention Strategies for Vessels 

340-141-0180 Plan Submittal 

340-141-0190 Plan Review 

340-141-0200 DriUs, Exercises, and Inspections 

340-141-0210 Plan Maintenance and Use 

340-141-0220 Plan Update Timeline 

340-141-0230 Noncompliance with Plan Requkements 

340-141-0240 Equipment Mutual Aid 

DIVISION 142 

OIL AND HAZARDOUS MATERIALS EMERGENCY 

RESPONSE REQUIREMENTS 

340-142-0001 Purpose and Scope 

340-142-0005 Definitions as Used in this Division Unless 

Otherwise Specified 

340-142-0030 Emergency Action 

340-142-0040 Requked Reporting 

340-142-0050 Reportable Quantities 

340-142-0060 Cleanup Standards 

340-142-0070 Approval Required for Use of Chemicals 

340-142-0080 Disposal of Recovered Spill Materials 

340-142-0090 Cleanup Report 

340-142-0100 Sampling/Testing Procedures 

340-142-0120 Information Requests, Inspections and 

Investigations 

340-142-0130 Incident Management and Emergency Operations 

DIVISION 143 

BALLAST WATER MANAGEMENT 

340-143-0001 Authority, Purpose, and Scope 

340-143-0005 Definitions 

340-143-0010 Ballast Water Management: Discharge 

Prohibitions 

340-143-0020 Ballast Water Management: Reporting 

DIVISION 150 

UNDERGROUND STORAGE TANK RULES 

340-150-0001 

340-150-0006 

340-150-0008 

340-150-0010 

340-150-0020 

340-150-0021 

340-150-0052 

340-150-0080 

340-150-0102 

340-150-0110 

Oregon Administrative Rules Compilation 

6-257 

Purpose and Scope 

Applicability and General Requkements 

Exemptions and Deferrals 

Definitions 

UST General Permit Registration Certificate 

Requked 

Termination of Temporary Permits 

Modification of Registration Certificates For 

Changes in Ownership and Permittee 

Denial, Suspension or Revocation of General 

Permit Registration Certificates 

Termination of General Permit Registration 

Certificates for Installation, Operation and 

Temporary Closure 

UST General Permit Registration, Annual 

Compliance and Other Fees 

(11-13-09) 
Chapter 340 Department of Environmental Quality 

340-150-0135 General Requirements for Owners and Permittees 

340-150-0140 Requirements for Sellers of USTs 

340-150-0150 Depositing Regulated Substances in USTs 

340-150-0152 Requirements for Distributors of Regulated 

Substances for Deposit into USTs 

340-150-0156 Performance of UST Services by Owners or 

Permittees 

340-150-0160 General Permit Requirements for Installing an 

UST System 

340-150-0163 General Permit Requirements for Operating an 

UST System 

340-150-0166 General Permit Requirements for Closure of an 

UST System by Change-in-Service 

340-150-0167 General Permit Requirements for Temporary 

Closure of an UST System 

340-150-0168 General Permit Requirements for 

Decommissioning an UST System by Permanent 

Closure 

340-150-0180 Site Assessment Requirements for Permanent 

Closure or Change-In-Service 

340-150-0200 Training Requirements for UST System 

Operators and Emergency Response Information 

340-150-0210 Training Requkements for UST Operators 

340-150-0250 Expedited Enforcement Process 

340-150-0300 histallation of USTs and Piping 

340-150-0302 Installation of Used USTs 

340-150-0310 Spill and Overfill Prevention Equipment and 

Requkements 

340-150-0320 Corrosion Protection Performance Standards for 

USTs and Piping 

340-150-0325 Operation and Maintenance of Corrosion 

Protection 

340-150-0350 UST System Repairs 

340-150-0352 UST System Modifications and Additions 

340-150-0354 UST System Replacements 

340-150-0360 Requkements for Internally Lined USTs 

340-150-0400 General Release Detection Requirements for 

Petroleum UST Systems 

340-150-0410 Release Detection Requkements and Methods for 

Underground Piping 

340-150-0420 Release Detection Requirements for Hazardous 

Substance UST Systems 

340-150-0430 Inventory Control Method of Release Detection 

340-150-0435 Statistical Inventory Reconciliation Method of 

Release Detection 

340-150-0440 Manual Tank Gauging Release Detection Method 

340-150-0445 Tank Tighmess Testing for Release Detection and 

Investigation 

340-150-0450 Automatic Tank Gauging Release Detection 

Method 

340-150-0455 Vapor Monitoring Release Detection Method 

340-150-0460 Groundwater Monitoring Release Detection 

Method 

340-150-0465 Interstitial Monitoring Release Detection Method 

340-150-0470 Other Methods of Release Detection 

340-150-0500 Reporting Suspected Releases 

340-150-0510 Suspected Release Investigation and 

Confirmation Steps 

340-150-0520 Investigation Due to Off Site Impacts 

340-150-0540 AppUcabiUty to Previously Closed UST Systems 

340-150-0550 Defmitions for OAR 340-150-0555 and 340-150-

0560 

340-150-0555 CompUance Dates for USTs and Piping 

340-150-0560 Upgrading Requirements for Existing UST 

Systems" 

340-150-0600 Delegation of Program Administration 

340-150-0620 Approval of More Stringent Performance 

Standards 

DIVISION 151 

FINANCIAL RESPONSIBILITY FOR USTS 

340-151-0001 Purpose 

340-151-0010 

340-151-0015 

340-151-0020 

340-151-0025 

Scope and Applicability 

Adoption and Applicability of United States 

Environmental Protection Agency Regulations 

Definitions 

Oregon-Specific Financial Responsibility 

Requkements 

DIVISION 160 

REGISTRATION AND LICENSING REQUIREMENTS FOR 

UNDERGROUND STORAGE TANK 

SERVICE PROVIDERS 

340-160-0005 Purpose 

340-160-0010 Definitions 

340-160-0020 General Provisions 

340-160-0025 Types of Licenses 

340-160-0030 Licenskig of UST Service Providers 

340-160-0035 Supervisor Licenskig 

340-160-0040 Supervisor Examinations 

340-160-0054 Reciprocity with Other Jurisdictions 

340-160-0150 Fees 

DIVISION 162 

REGISTRATION AND LICENSING REQUIREMENTS 

FOR UNDERGROUND STORAGE TANK SOIL MATRIX 

CLEANUP SERVICE PROVIDERS AND SUPERVISORS 

340-162-0005 Authority, Purpose, and Scope 

340-162-0010 Definitions 

340-162-0020 General Provisions 

340-162-0025 Types of Licenses 

340-162-0030 Licensing of Tank Services Providers 

340-162-0035 Supervisor Examination and Licensing 

340-162-0040 Examination Schedule 

340-162-0150 Fees 

DIVISION 163 

REGISTRATION AND LICENSING REQUIREMENTS 

FOR HEATING OIL TANK SOIL MATRIX CLEANUP 

SERVICE PROVIDERS AND SUPERVISORS 

340-163-0005 Authority, Purpose, and Scope 

340-163-0010 Definitions 

340-163-0020 General Provisions 

340-163-0030 Licensing Requirements for Heating Oil Tank 

Service Providers 

340-163-0035 Licensing and Examination Requirements for 

Heating Oil Tank Supervisors 

340-163-0050 Service Provider Insurance Requkements 

340-163-0060 Certification of Work Performed 

340-163-0070 Department Review of Certified Reports 

340-163-0110 License Denial, Suspension, Revocation 

340-163-0150 Fees 

DIVISION 170 

UNDERGROUND STORAGE TANK REIMBURSEMENT 

GRANT PROGRAM 

2010 Edition 

340-170-0005 

340-170-0010 

340-170-0020 

340-170-0030 

340-170-0050 

340-170-0060 

340-170-0070 

340-170-0080 

Oregon Administrative Rules Compilation 

6-258 

Authority, Purpose, and Scope 

Definitions 

Soil Assessment 

Underground Storage Tank Tightness Testing 

General Provisions, Underground Storage Tank 

Facility Reimbursement Grant 

Application, Underground Storage Tank FaciUty 

Reimbursement Grant 

Information Required on the Reimbursement 

Grant Application 

Reimbursement Grant Payment 

(11-13-09) 
Chapter 340 Department of Environmental Quality 

DIVISION 172 

UNDERGROUND STORAGE TANK FINANCIAL 

ASSISTANCE PROGRAM 

340-172-0005 Authority, Purpose, and Scope 

340-172-0010 Defmitions 

340-172-0015 Interim Program Benefits 

340-172-0020 General Provisions, UST Financial Assistance 

340-172-0025 Documents Required to Receive Financial 

Assistance 

340-172-0030 AppUcation Process for UST Financial Assistance 

340-172-0040 Information Required on Financial Assistance 

Application 

340-172-0050 Site Assessment 

340-172-0060 Notice of Compliance with Cleanup Standards 

340-172-0070 Determination and Conditions of Financial 

Assistance 

340-172-0080 Financial Assistance Priority 

340-172-0090 Financial Responsibility 

340-172-0100 Records 

340-172-0110 Appeal Procedures 

340-172-0120 Enforcement 

340-172-0130 Enforcement and Termination of Financial 

Assistance 

340-172-0140 Cost Containment 

DIVISION 174 

UNDERGROUND STORAGE TANK INSURANCE 

COPAYMENT PROGRAM 

340-174-0005 Authority, Purpose, and Scope 

340-174-0010 Definitions 

340-174-0020 Insurance Copayment Benefits 

340-174-0030 General Provisions, Insurance Copayment 

340-174-0040 Application for UST Insurance Copayment 

Certificate 

340-174-0050 Additional Information Required on the UST 

Financial Assistance Application 

340-174-0055 Insurance Copayment Certificate of Eligibility 

340-174-0060 Requirement of Financial Responsibility 

340-174-0065 UST Insurance Requkements Letter 

340-174-0070 Insurance Copayment 

340-174-0080 Insurance Cancellation and Termination 

340-174-0090 Appeal Procedures 

DIVISION 175 

UNDERGROUND STORAGE TANK GRANT PROGRAM 

340-175-0005 Authority, Purpose, and Scope 

340-175-0010 Definitions 

340-175-0020 Grant Benefits 

340-175-0030 General Provisions, Grants 

340-175-0040 Application for Grant 

340-175-0050 Additional Information Required on the Financial 

Assistance AppUcation 

340-175-0055 Documents Required to Receive an Essential 

Services Grant 

340-175-0060 Grant Certificate 

340-175-0065 Grant Confumation 

340-175-0070 Grant Payment 

340-175-0080 Certification of Financial Responsibility 

340-175-0110 Appeal Procedures 

DIVISION 176 

UNDERGROUND STORAGE TANK LOAN GUARANTEE 

340-176-0005 

340-176-0010 

340-176-0030 

2010 Edition 

Authority, Purpose, and Scope 

Definitions 

General Provisions, Guaranteed Underground 

Storage Tank Facility Loan 

Oregon Administrative Rules Compilation 

340-176-0040 Application for Underground Storage Tank Loan 

Guarantee 

340-176-0060 Loan Guarantee Certificate 

340-176-0070 Loan Guarantee 

340-176-0080 Notice of DefauU on a Guaranteed Loan 

340-176-0090 Appeal Procedures 

DIVISION 177 

RESIDENTIAL HEATING OIL UNDERGROUND 

STORAGE TANKS 

340-177-0001 Purpose and Scope 

340-177-0005 Definitions 

340-177-0025 Decommissioning Standards and Reporting 

Requkements 

340-177-0055 Cleanup and Reporting Requkements 

340-177-0065 Cleanup Options and Techrucal Requkements 

340-177-0095 Certified Reports 

DIVISION 178 

UNDERGROUND STORAGE TANK REDUCED 

INTEREST RATE LOANS 

340-178-0005 Authority, Purpose, and Scope 

340-178-0010 Definitions 

340-178-0020 Reduced Interest Rate Benefits 

340-178-0030 General Provisions, Interest Rate Payment 

340-178-0040 Application for Reduced Interest Rate Certificate 

340-178-0050 Reduced Interest Rate Certificate 

340-178-0060 Interest Rate Payment Confirmation 

340-178-0070 Notice of Default or Termmation 

340-178-0080 Appeal Procedures 

DIVISION 180 

UNDERGROUND STORAGE TANK LOAN GUARANTEE 

AND INTEREST RATE SUBSIDY PROGRAM 

340-180-0005 Authority, Purpose, and Scope 

340-180-0010 Definitions 

340-180-0020 Distribution Priority of Funds for Loan Guarantee 

Expenses 

340-180-0030 General Provisions Guaranteed Underground 

Storage Tank Facility Loan 

340-180-0040 Application for Underground Storage Tank Loan 

Guarantee Certificate 

340-180-0050 Information Required on the UST Loan 

Guarantee Certificate Application 

340-180-0060 Loan Guarantee Certificate 

340-180-0070 Loan Guarantee 

340-180-0080 Notice of Defauh on a Guaranteed Loan 

340-180-0090 General Provisions, Interest Rate Subsidy and Tax 

Credit Certificate 

340-180-0100 AppUcation for Tax Credk Certificate 

340-180-0110 Tax Credk Certificate 

340-180-0120 Notice of CompUance for Soil Remediation 

DIVISION 200 

GENERAL AIR POLLUTION PROCEDURES 

AND DEFINITIONS 

General 

340-200-0010 Purpose and AppUcation 

340-200-0020 General Ak QuaUty Definitions 

340-200-0025 Abbreviations and Acronyms 

340-200-0030 Exceptions 

340-200-0040 State of Oregon Clean Air Act Implementation 

Plan 

340-200-0050 Compliance Schedules 

6-259 (11-13-09) 
Chapter 340 Department of Environmental Quality 

Conflicts of Interest 

340-200-0100 Purpose 

340-200-0110 Public Interest Representation 

340-200-0120 Disclosure of Potential Conflicts of Interest 

DIVISION 202 

AMBIENT AIR QUALITY STANDARDS 

AND PSD INCREMENTS 

340-202-0010 Definitions 

Ambient Air Quality Standards 

340-202-0050 Purpose and Scope of Ambient Air Quality 

Standards 

340-202-0060 Suspended Particulate Matter 

340-202-0070 Sulfur Dioxide 

340-202-0080 Carbon Monoxide 

340-202-0090 Ozone 

340-202-0100 Nitrogen Dioxide 

340-202-0110 Particle Fallout 

340-202-0130 Ambient Air Quality Standard for Lead 

Prevention of Significant Deterioration Increments 

340-202-0200 

340-202-0210 

340-202-0220 

General 

Ambient Air Increments 

Ambient Ak Ceilings 

DIVISION 204 

DESIGNATION OF AIR QUALITY AREAS 

340-204-0010 Defmitions 

340-204-0020 Designation of Ak QuaUty Control Regions 

340-204-0030 Designation of Nonattainment Areas 

340-204-0040 Designation of Maintenance Areas 

340-204-0050 Designation of Prevention of Significant 

Deterioration Areas 

340-204-0060 Redesignation of Prevention of Significant 

Deterioration Areas 

340-204-0070 Special Control Areas 

340-204-0080 Motor Vehicle Inspection Boundary Designations 

340-204-0090 Oxygenated GasoUne Control Areas 

DIVISION 206 

AIR POLLUTION EMERGENCIES 

340-206-0010 Introduction 

340-206-0020 Defmitions 

340-206-0030 Episode Stage Criteria for Air Pollution 

Emergencies 

340-206-0040 Special Conditions 

340-206-0050 Source Emission Reduction Plans 

340-206-0060 Regional ak Pollution Authorities 

340-206-0070 Operations Manual 

DIVISION 208 

VISIBLE EMISSIONS AND NUISANCE REQUIREMENTS 

340-208-0010 Definitions 

340-208-0100 

340-208-0110 

340-208-0200 

340-208-0210 

Visible Emissions 

AppUcabiUty 

Visible Air Contaminant Limitations 

Fugitive Emission Requirements 

AppUcabiUty 

Requkements 

Nuisance Control Requu-ements 

340-208-0300 Nuisance Prohibited 

2010 Edition 

340-208-0310 Determkimg Whetiier A Nuisance Exists 

340-208-0320 Best Work Practices Agreement 

340-208-0400 Masking of Emissions 

340-208-0450 Particle Fallout Limitation 

Clackamas, Columbia, Multnomah, and 

Washington Counties 

340-208-0500 

340-208-0510 

340-208-0550 

340-208-0570 

340-208-0590 

340-208-0600 

340-208-0610 

340-209-0010 

340-209-0020 

340-209-0030 

340-209-0040 

340-209-0050 

340-209-0060 

340-209-0070 

340-209-0080 

Application 

Exclusions 

Odor Control Measures 

Ships 

Emission Standards — General 

Visible Ak Contaminant Standards 

Particulate Matter Weight Standards 

DIVISION 209 

PUBLIC PARTICIPATION 

Purpose 

Applicability 

Public Notice Categories and Timing 

Public Notice Information 

Public Notice Procedures 

Persons Required to Be Notified 

Hearing and Meeting Procedures 

Issuance or Denial of a Permit 

DIVISION 210 

STATIONARY SOURCE NOTIFICATION REQUIREMENTS 

340-210-0010 

340-210-0020 

340-210-0100 

340-210-0110 

340-210-0120 

Applicability 

Definitions 

Registration 

Registration in General 

Registration Requkements 

Re-Registration 

Notice of Construction and Approval of Plans 

340-210-0205 Applicability 

340-210-0215 Requkement 

340-210-0225 Types of Constmction/Modification Changes 

340-210-0230 Notice to Constmct 

340-210-0240 Constmction Approval 

340-210-0250 Approval to Operate 

DIVISION 212 

STATIONARY SOURCE TESTING AND MONITORING 

340-212-0010 Defmitions 

Sampling, Testing and Measurement 

340-212-0110 ApplicabUity ^ 

340-212-0120 Program 

340-212-0130 Stack Heights and Dispersion Techniques 

340-212-0140 Methods 

340-212-0150 Department Testing 

Compliance Assurance Monitoring 

340-212-0200 Purpose and Applicability 

340-212-0210 Monitoring Design Criteria 

340-212-0220 Submittal Requirements 

340-212-0230 DeadUnes for Submittals 

340-212-0240 Approval of Monitoring Plans 

340-212-0250 Operation of Approved Monitoring 

340-212-0260 Quality Improvement Plan (QIP) Requirements 

340-212-0270 Reporting and Recordkeeping Requirements 

340-212-0280 Savings Provisions 

Oregon Administrative Rules Compilation 

6-260 (11-13-09) 
Chapter 340 Department of Environmental Quality 

DIVISION 214 

STATIONARY SOURCE REPORTING REQUIREMENTS 

340-214-0010 Definitions 

Reporting 

340-214-0100 AppUcabiUty 

340-214-0110 Request for Information 

340-214-0114 Records; Maintaining and Reporting 

340-214-0120 Enforcement 

340-214-0130 Information Exempt from Disclosure 

Emission Statements for VOC and NO^ Sources 

340-214-0200 Purpose and AppUcabiUty 

340-214-0210 Requirements 

340-214-0220 Submission of Emission Statement 

Excess Emissions and Emergency Provision 

340-214-0300 Purpose and AppUcabiUty 

340-214-0310 Planned Startup and Shutdown 

340-214-0320 Scheduled Maintenance 

340-214-0330 All Other Excess Emissions 

340-214-0340 Reporting Requkements 

340-214-0350 Enforcement Action Criteria 

340-214-0360 Emergency as an Affirmative Defense 

Sulfur Dioxide Emission Inventory 

340-214-0400 Purpose 

340-214-0410 AppUcabiUty 

340-214-0420 Annual Sulfiir Dioxide Emission Report 

340-214-0430 Changes in Emission Measurement Techniques 

DIVISION 215 

GREENHOUSE GAS REPORTING REQUIREMENTS 

340-215-0010 

340-215-0020 

340-215-0030 

340-215-0040 

Purpose and Scope 

Definitions 

Applicability 

Greenhouse Gar Registration and Reporting 

Requkements 

DIVISION 216 

AIR CONTAMINANT DISCHARGE PERMITS 

340-216-0010 Purpose 

340-216-0020 Applicability 

340-216-0025 Types of Pennits 

340-216-0030 Definitions 

340-216-0040 Application Requkements 

340-216-0052 Constmction ACDP 

340-216-0054 Short Term Activity ACDPs 

340-216-0056 Basic ACDPs 

340-216-0060 General Ak Contaminant Discharge Permits 

340-216-0064 Simple ACDP 

340-216-0066 Standard ACDPs 

340-216-0070 Permitting Multiple Sources at a Single Adjacent 

or Contiguous Site 

340-216-0082 Termination or Revocation of an ACDP 

340-216-0084 Department Initiated Modification 

340-216-0090 Sources Subject to ACDPs and Fees 

340-216-0094 Temporary Closure 

DIVISION 218 

OREGON TITLE V OPERATING PERMITS 

340-218-0010 

340-218-0020 

340-218-0030 

340-218-0040 

340-218-0050 

340-218-0060 

2010 Edition 

PoUcy and Purpose 

AppUcabiUty 

Definitions 

Permit Applications 

Standard Permit Requirements 

State-Enforceable Requkements 

340-218-0070 Federally Enforceable Requkements 

340-218-0080 Compliance Requkements 

340-218-0090 General Permits 

340-218-0100 Temporary Sources 

340-218-0110 Pennit Shield 

340-218-0120 Permit Issuance 

340-218-0130 Permit Renewal and Expkation 

340-218-0140 Operational Flexibility 

340-218-0150 Administrative Permit Amendments 

340-218-0160 Pennit Modification 

340-218-0170 Minor Permit Modifications 

340-218-0180 Significant Pemiit Modifications 

340-218-0190 Constmction/Operation Modifications 

340-218-0200 Reopenings 

340-218-0210 Public Participation 

340-218-0220 Contested Pennits 

340-218-0230 Permit Review by the EPA and Affected States 

340-218-0240 Enforcement 

340-218-0250 Permit Program for Regional Air Pollution 

Authority 

DIVISION 220 

OREGON TITLE V OPERATING PERMIT FEES 

340-220-0010 Purpose, Scope and Applicability 

340-220-0020 Definitions 

340-220-0030 Annual Base Fee 

340-220-0040 Emission Fee 

340-220-0050 Specific Activity Fees 

340-220-0060 Pollutants Subject to Emission Fees 

340-220-0070 Exclusions 

340-220-0080 References 

340-220-0090 Election for Each Regulated Pollutant 

340-220-0100 Emission Reporting 

340-220-0110 Emission Reporting and Fee Procedures 

340-220-0120 Actual Emissions 

340-220-0130 Determining Emissions from Continuous 

Monitoring Systems 

340-220-0140 Determining Emissions Using Material Balance 

340-220-0150 DeterminingVOC Emissions Using Material 

Balance 

340-220-0160 Determining Sulfur Dioxide Emissions Using 

Material Balance 

340-220-0170 Verified Emission Factors 

340-220-0180 Late and Underpayment of Fees 

340-220-0190 Failure to Pay Fees 

DIVISION 222 

STATIONARY SOURCE PLANT SITE EMISSION LIMITS 

340-222-0010 Policy 

340-222-0020 Applicability 

340-222-0030 Defmitions 

Criteria for Establishing Plant Site Emission Limits 

340-222-0040 Generic Annual PSEL 

340-222-0041 Source Specific Annual PSEL 

340-222-0042 Short Tenn PSEL 

340-222-0043 General Requkements for All PSEL 

340-222-0045 Unassigned Emissions 

340-222-0060 Plant Site Emission Limits for Sources of 

Hazardous Ak Pollutants 

340-222-0070 Plant Site Emission Limits for Insignificant 

Activities 

340-222-0080 Plant Site Emission Limit CompUance 

340-222-0090 Combining and Splitting Sources 

DIVISION 223 

REGIONAL HAZE RULES 

340-223-0010 Purpose 

Oregon Administrative Rules Compilation 

6-261 (11-13-09) 
Chapter 340 Department of Environmental Quality 

340-223-0020 

340-223-0030 

340-223-0040 

340-223-0050 

340-224-0010 

340-224-0020 

340-224-0030 

340-224-0040 

340-224-0050 

340-224-0060 

340-224-0070 

340-224-0080 

340-224-0100 

Definitions 

BART Requkements for the Foster-Wheeler boiler at the Boardman Coal-Fired Power Plant 

(Federal Acid rain program facility ORISPL code 

6106) 

Additional NOx Requirements for the FosterWheeler boiler at the Boardman Coal-Fired 

Power Plant (Federal Acid rain program facility 

ORISPL code 6106) 

Federally Enforceable Permit Limits 

DIVISION 224 

MAJOR NEW SOURCE REVIEW 

AppUcabiUty and General Prohibitions 

Definitions 

Procedural Requirements 

Review of New Sources and Modifications for 

CompUance with Regulations 

Requirements for Sources in Nonattainment 

Areas 

Requirements for Sources in Maintenance Areas 

Prevention of Significant Deterioration 

Requirements for Sources in Attainment or 

Unclassified Areas 

Exemptions 

Fugitive and Secondary Emissions 

DIVISION 225 

AIR QUALITY ANALYSIS REQUIREMENTS 

340-225-0010 

340-225-0020 

340-225-0030 

340-225-0040 

340-225-0045 

340-225-0050 

340-225-0060 

340-225-0070 

340-225-0090 

Purpose 

Definitions 

Procedural Requirements 

Ak QuaUty Models 

Requirements for Analysis in Maintenance Areas 

Requkements for Analysis in PSD Class II and 

Class ni Areas 

Requirements for Demonstrating Compliance 

witli Standards and Increments in PSD Class I 

Areas 

Requirements for Demonstrating Compliance 

witii AQRV Protection 

Requirements for Demonstrating a Net Air 

Quality Benefit 

DIVISION 226 

GENERAL EMISSION STANDARDS 

340-226-0010 Definitions 

Highest and Best Practicable IVeatment and Control 

340-226-0100 

340-226-0110 

340-226-0120 

340-226-0130 

340-226-0140 

340-226-0200 

340-226-0210 

Policy and AppUcation 

PoUution Prevention 

Operating and Maintenance Requkements 

Typically Achievable Control Technology 

(TACT) 

Additional Control Requirements for Stationary 

Sources of Ak Contaminants 

Grain Loading Standards 

AppUcabiUty 

Particulate Emission Limitations for Sources 

Other Than Fuel Burning and Refuse Burning 

Equipment 

Particulate Emissions from Process Equipment 

340-226-0300 

340-226-0310 

340-226-0320 

2010 Edition 

AppUcabiUty 

Emission Standard 

Determination of Process Weight 

Altemative Emission Controls 

340-226-0400 Altemative Emission Controls (Bubble) 

DIVISION 228 

REQUIREMENTS FOR FUEL BURNING EQUIPMENT 

AND FUEL SULFUR CONTENT 

340-228-0010 Applicability 

340-228-0020 Definitions 

Sulfur Content of Fuels 

340-228-0100 Residual Fuel Oils 

340-228-0110 Distillate Fuel Oils 

340-228-0120 Coal 

340-228-0130 Exemptions 

General Emission Standards for Fuel Burning Equipment 

340-228-0200 Sulfiir Dioxide Standards 

340-228-0210 Gram Loading Standards 

Federal Acid Rain Program 

340-228-0300 Federal Regulations Adopted by Reference 

340-228-0400 Purpose 

340-228-0410 Defmitions 

340-228-0420 WEB Trading Program Trigger 

340-228-0430 WEB Trading Program Applicability 

340-228-0440 Account Representative for WEB Sources 

340-228-0450 Registration 

340-228-0460 Allowance Allocations 

340-228-0470 EstabUshment of Accounts 

340-228-0480 Monitoring, Recordkeeping and Reporting 

340-228-0490 Allowance Transfers 

340-228-0500 Use of AUowances from a Previous Year 

340-228-0510 Compliance 

340-228-0520 Special Penalty Provisions for 2018 Milestone 

340-228-0530 Integration into Permits 

Mercury Rules For Coal-Fired Power Plants 

Utility Mercury Rule General Provisions 

340-228-0600 

340-228-0601 

340-228-0602 

340-228-0603 

340-228-0606 

340-228-0609 

340-228-0611 

340-228-0613 

340-228-0615 

340-228-0617 

340-228-0619 

340-228-0621 

Purpose 

Applicability 

Definitions 

Measurements, Abbreviations, and Acronyms 

Hg Emission Standards 

Monitoring Requirements 

General Requirements 

Additional Requirements to Provide Heat Input 

Data 

Monitoring of Hg Mass Emissions and Heat Input 

at the Unit Level 

Monitoring of Hg Mass Emissions and Heat Input 

at Common Eind Multiple Stacks 

Special Provisions for Measuring Hg Mass 

Emissions using the Sorbent Trap Monitoring 

Methodology 

Procedures for Hg Mass Emissions 

Monitoring Certification 

Initial Certification and 

Procedures 

Recertification 

340-228-0625 

Oregon Administrative Rules Compilation 

6-262 

Monitoring Quality Assurance/Quality Control 

340-228-0623 Quality Assurance and Quality Control 

Requkements 

CEMS Performance Specifications 

Specifications and Test Procedures for Total 

Vapor Phase Mercury CEMS 

(11-13-09) 
Chapter 340 Department of Environmental Quality 

Sorbent T^ap Sampling Procedures 

340-228-0627 QuaUty Assurance and Operating Procedures for 

Sorbent Trap Monitoring Systems 

Out of Control Periods 

340-228-0629 Out of Control Periods and Adjustment for 

System Bias 

Missing Data Procedure 

340-228-0631 Standard Missing Data Procedures for Hg CEMS 

340-228-0633 Missing Data Procedures for Sorbent Trap 

Monitoring Systems 

Recordkeeping and Reporting 

340-228-0635 Recordkeepkig 

340-228-0637 Reporting 

DIVISION 230 

INCINERATOR REGULATIONS 

340-230-0010 Purpose 

340-230-0020 AppUcabiUty 

340-230-0030 Definitions 

Solid and Infectious Waste Incinerators 

340-230-0100 Best Available Control Technology 

340-230-0110 Emissions Liniitations 

340-230-0120 Design and Operation 

340-230-0130 Continuous Emission Monitoring 

340-230-0140 Reporting and Testing 

340-230-0150 CompUance 

Crematory Incinerators 

340-230-0200 Emission Limitations 

340-230-0210 Design and Operation 

340-230-0220 Monitoring and Reporting 

340-230-0230 CompUance 

Municipal Waste Combustors 

340-230-0300 AppUcabiUty 

340-230-0310 Emissions Limitations 

340-230-0320 Operating Practices 

340-230-0330 Operator Training and Certification 

340-230-0335 Standards for Municipal Waste Combustor 

Fugitive Ash Emissions 

340-230-0340 Monitoring and Testing 

340-230-0350 Recordkeeping and Reporting 

340-230-0359 Compliance Schedule 

340-230-0365 Small Municipal Waste Combustion Unit 

340-230-0370 Increments of Progress 

340-230-0373 Operator Training 

340-230-0375 Operator Certification 

340-230-0377 Operating Requirements 

340-230-0380 Emission Limits 

340-230-0383 Continuous Emission Monitoring 

340-230-0385 Stack Testing 

340-230-0387 Other Monitoring Requirements 

340-230-0390 Recordkeeping 

340-230-0395 Reporting 

Hospital/Medical/Infectious Waste Incinerators 

340-230-0400 AppUcabiUty and Exemptions 

340-230-0410 Emission Limitations and Citations 

DIVISION 232 

EMISSION STANDARDS FOR VOC POINT SOURCES 

340-232-0010 

340-232-0020 

340-232-0030 

2010 Edition 

Introduction 

AppUcabiUty 

Definitions 

340-232-0040 General Non-Categorical Requirements 

340-232-0050 Exemptions 

340-232-0060 Compliance Determination 

340-232-0080 B ulk Gasohne Plants 

340-232-0085 GasoUne DeUvery Vessels 

340-232-0090 BuUc GasoUne Terminals 

340-232-0100 Testing Vapor Transfer and Collection Systems 

340-232-0110 Loading GasoUne onto Marine Tank Vessels 

340-232-0120 Cutback and Emulsified Asphalt 

340-232-0130 Petroleum Refineries 

340-232-0140 Petroleum Refinery Leaks 

340-232-0150 Liquid Storage 

340-232-0160 Surface Coating in Manufacturing 

340-232-0170 Aerospace Component Coating Operations 

340-232-0180 Degreasers 

340-232-0190 Open Top Vapor Degreasers 

340-232-0200 Conveyorized Degreasers 

340-232-0210 Asphaltic and Coal Tar Pitch Used for Roofing 

Coating 

340-232-0220 Flat Wood Coatkig 

340-232-0230 Rotogravure and Rexographic Printing 

DIVISION 234 

EMISSION STANDARDS FOR WOOD 

PRODUCTS INDUSTRIES 

340-234-0010 

340-234-0100 

340-234-0140 

340-234-0200 

340-234-0210 

340-234-0220 

340-234-0240 

340-234-0250 

340-234-0270 

Definitions 

Wigwam Waste Burners 

Wigwam Waste Burners 

Existing Administrative Agency Orders 

Kraft Pulp Mills 

Statement of Policy eind Applicability 

Emission Limitations 

More Restrictive Emission Limits 

Monitoring 

Reporting 

Chronic Upset Conditions 

Neutral Sulfite Semi-Chemical (NSSC) Pulp MiUs 

340-234-0300 Applicability 

340-234-0310 Emission Limitations 

340-234-0320 More Restrictive Emission Limits 

340-234-0330 Plans and Specifications 

340-234-0340 Monitoring 

340-234-0350 Reporting 

340-234-0360 Upset Conditions 

Sulfite Pulp MiUs 

340-234-0400 Statement of Policy and Applicability 

340-234-0410 Minimum Emission Standards 

340-234-0420 Monitoring and Reporting 

340-234-0430 Exceptions 

Board Products Industries 

(Veneer, Plywood, Particleboard, Hardboard) 

340-234-0500 Applicability and General Provisions 

340-234-0510 Veneer and Plywood Manufacturing Operations 

340-234-0520 Particleboard Manufacturing Operations 

340-234-0530 Hardboard Manufacturing Operations 

DIVISION 236 

EMISSION STANDARDS FOR SPECIFIC INDUSTRIES 

340-236-0010 

340-236-0100 

340-236-0110 

340-236-0120 

Oregon Administrative Rules Compilation 

6-263 

Definitions 

Primary Aluminum Standards 

Statement of Purpose 

Applicability 

Emission Standards 

(11-13-09) 
Chapter 340 Department of Environmental Quality 

340-236-0130 

340-236-0140 

340-236-0150 

Special Problem Areas 

Monitoring 

Reporting 

Laterite Ore Production of Ferronickel 

340-236-0200 Statement of Purpose 

340-236-0210 AppUcabiUty 

340-236-0220 Emission Standards 

340-236-0230 Monitoring and Reporting 

Reduction of Animal Matter 

340-236-0300 AppUcabiUty 

340-236-0310 Control FacUities Requked 

340-236-0320 Monitoring of Reduction Facilities 

340-236-0330 Housekeeping of Plant and Plant Area 

Hot Mix Asphalt Plants 

340-236-0400 AppUcabiUty 

340-236-0410 Control FaciUties Requked 

340-236-0420 Other Estabhshed Ak Quality Limitations 

340-236-0430 Portable Hot Mix Asphak Plants 

340-236-0440 Ancillary Sources of Emission — Housekeeping 

of Plant Facilities 

SoUd Waste Landfills 

340-236-0500 Emission Standards for Municipal Solid Waste 

Landfills 

DIVISION 238 

NEW SOURCE PERFORMANCE STANDARDS 

340-238-0010 Statement of Purpose 

340-238-0020 Statement of Policy 

340-238-0030 Applicability 

340-238-0040 Definitions 

340-238-0060 Federal Regulations Adopted by Reference 

340-238-0070 Compliance 

340-238-0080 More Restrictive Regulations 

340-238-0090 Delegation 

340-238-0100 Municipal SoUd Waste Landfills 

DIVISION 240 

RULES FOR AREAS WITH UNIQUE AIR QUALITY NEEDS 

340-240-0010 Purpose 

340-240-0020 Emission Lknitations 

340-240-0030 Definitions 

The Medford-Ashland Air Quality Maintenance Area 

and the Grants Pass Urban Growth Area 

340-240-0100 

340-240-0110 

340-240-0120 

340-240-0130 

340-240-0140 

340-240-0150 

340-240-0160 

340-240-0170 

340-240-0180 

340-240-0190 

340-240-0210 

340-240-0220 

340-240-0230 

340-240-0250 

340-240-0300 

340-240-0310 

2010 Edition 

AppUcabiUty 

Wood Waste Boilers 

Veneer Dryer Emission Liniitations 

Air Conveying Systems (Medford-Ashland 

AQMA Only) 

Wood Particle Dryers at Particleboard Plants 

Hardboard Manufacturing Plants 

Wigwam Waste Bumers 

Charcoal Producing Plants 

Control of Fugitive Emissions (Medford-Ashland 

AQMA Only) 

Requirement for Operation and Maintenance 

Plans (Medford-Ashland AQMA Only) 

Continuous Monitoring 

Source Testing 

New Sources 

Open Burning 

La Grande Urban Growth Area 

AppUcabiUty 

CompUance Schedule for Existing Sources 

340-240-0320 Wood-Waste Boilers 

340-240-0330 Wood Particle Dryers at Particleboard Plants 

340-240-0340 Hardboard Manufacturing Plants 

340-240-0350 Ak Conveying Systems 

340-240-0360 Fugitive Emissions 

The Lakeview Urban Growth Area 

340-240-0400 AppUcabiUty 

340-240-0410 Control of Fughive Emissions 

340-240-0420 Requirement for Operation and Maintenance 

Plans 

340-240-0430 Source Testing 

340-240-0440 Open Buming 

DIVISION 242 

RULES APPLICABLE TO THE PORTLAND AREA 

Employee Commute Options Program 

340-242-0010 What is Employee Commute Options Program? 

340-242-0020 Who is Subject to ECO? 

340-242-0030 What Does ECO Require? 

340-242-0040 How Does the Department Enforce ECO? 

340-242-0050 Definitions of Terms Used ki These Rules 

340-242-0060 Should All Employees at a Work Site Be 

Counted? 

340-242-0070 What are the Major Requkements of ECO? 

340-242-0080 What are the Regiskation Requirements? 

340-242-0090 What are the Requirements for an Employee 

Survey? 

340-242-0110 What if an Employer Does Not Meet the Target 

Auto Trip Rate? 

340-242-0120 How Will Employers Demonstrate Progress 

Toward the Target Auto Trip Rate? 

340-242-0140 How Should Employers Account for Changes in 

Work Force Size? 

340-242-0150 How Can an Employers Reduce Auto Commute 

Trips to a Work Site? 

340-242-0160 What Should be Included in an Auto Trip 

Reduction Plan? 

340-242-0170 When Will the Department Act on a Submitted 

Auto Trip Reduction Plan? 

340-242-0180 What is a Good Faith Effort? 

340-242-0190 How Does the ECO Program Affect New 

Employers, Expanding Employers and Employers 

Relocating witliin the Portland AQMA? 

340-242-0200 Can a New or Relocating Employer Comply with 

ECO Through Restricted Parking Ratios? 

340-242-0210 Can an Existing Employer Comply with ECO 

through Restricted Parking Ratios? 

340-242-0220 What if an Employer Has More Than One Work 

Site within the Portland AQMA? 

340-242-0230 Can Employers Submit a Joint Plan? 

340-242-0240 Are There Altematives to Trip Reduction? 

340-242-0250 What Alternatives Qualify as Equivalent 

Emission Reductions? 

340-242-0260 Can Employers Get Credit for Existing Trip 

Reduction Programs? 

340-242-0270 Are Exemptions Allowed if an Employer is 

Unable to Reduce Trips or Take Advantage of 

Alternate Compliance Options? 

340-242-0280 Participation in the Industrial Emission 

Management Program 

340-242-0290 What Kmd of Records Must be Kept and for How 

Long? 

Voluntary Maximum Parking Ratio Program 

340-242-0300 

340-242-0310 

340-242-0320 

340-242-0330 

Oregon Adininistrative Rules Compilation 

6-264 

What is the Voluntary Parking Ratio Program? 

Who Can Participate in the Voluntary Parking 

Ratio Program? 

Definitions of Terms and Land Uses 

How Does a Property Owner Comply with the 

Voluntary Parking Ratio Program? 

(11-13-09) 
Chapter 340 Department of Environmental Quality 

340-242-0340 

340-242-0350 

340-242-0360 

340-242-0370 

340-242-0380 

340-242-0390 

What are the Incentives for Complying with the 

Voluntary Parking Ratio Program? 

Why Do I Need a Parking Ratio Permit? 

What is Required to Obtain a Parking Ratio 

Permit? 

How is the Parking Ratio Program Enforced? 

When Will the Department Act on a Submitted 

Permit AppUcation? 

What are the Applicable Parking Ratios? 

Industrial Emission Management Program 

340-242-0400 AppUcabiUty 

340-242-0410 Definition of Terms 

340-242-0420 Unused PSEL Donation Program 

340-242-0430 Industrial Growtii Allowances 

340-242-0440 Industrial Growth Allowance Allocation 

Gasoline Vapors from Gasoline lYansfer 

and Dispensing Operations 

340-242-0500 

340-242-0510 

340-242-0520 

340-242-0600 

340-242-0610 

340-242-0620 

340-242-0630 

340-242-0700 

340-242-0710 

340-242-0720 

340-242-0730 

340-242-0740 

340-242-0750 

Purpose and Applicability 

Definitions 

General Provisions 

Motor Vehicle Refinishing 

AppUcabiUty 

Definitions 

Requirements for Motor Vehicle Refinishing in 

Portland AQMA 

Inspecting and Testing Requirements 

Spray Paint 

Applicability 

Definitions 

Spray Paint Standards and Exemptions 

Requirements for Manufacture, Sale and Use of 

Spray PEiint 

Recordkeeping and Reporting Requirements 

Inspection and Testing Requkements 

Area Source Common Provisions 

340-242-0760 AppUcabiUty 

340-242-0770 CompUance Extensions 

340-242-0780 Exemption from Disclosure to the PubUc 

340-242-0790 Futijre Review 

DIVISION 244 

OREGON FEDERAL HAZARDOUS AIR 

POLLUTANT PROGRAM 

General Provisions for Stationary Sources 

340-244-0010 PoUcy and Purpose 

340-244-0020 Delegation of Authority 

340-244-0030 Definitions 

340-244-0040 List of Hazardous Air Pollutants 

340-244-0050 Amending the List of Hazardous Ak Pollutants 

Compliance Extensions for Early Reductions 

340-244-0100 AppUcabiUty 

Emission Standards 

340-244-0200 Emissions Limitation for New and Reconstmcted 

Major Sources 

340-244-0210 Emissions Limitation for Existing Sources 

340-244-0220 Federal Regulations Adopted by Reference 

340-244-0230 Accidental Release Prevention 

Emission Standards for Gasoline Dispensing Facilities 

340-244-0232 

340-244-0234 

340-244-0236 

2010 Edition 

Purpose 

Affected Sources 

Affected Equipment or Processes 

340-244-0238 Compliance Dates 

340-244-0240 Work Practice and Submerged FiU Requirements 

340-244-0242 Vapor Balance Requkements 

Testing and Monitoring Requirements 

340-244-0244 Testing and Monitoring Requkements 

Notifications, Records, and Reports 

340-244-0246 Notifications 

340-244-0248 Recordkeeping Requirements 

340-244-0250 Reporting Requkements 

340-244-0252 General Provision Applicability 

DIVISION 246 

OREGON STATE AIR TOXICS PROGRAM 

340-246-0010 

340-246-0030 

340-246-0050 

340-246-0070 

340-246-0090 

340-246-0110 

340-246-0130 

340-246-0150 

340-246-0170 

340-246-0190 

340-246-0210 

340-246-0230 

Policy and Purpose 

Definitions 

PoUution Prevention 

Air Toxics Science Advisory Committee 

Ambient Benchmarks for Air Toxics 

Source Category Rules and Strategies 

Geographic Program (0130 through 0170) 

Prioritizing and Selecting Geographic Areas 

Local Air Toxics Emissions Reduction Planning 

Air Toxics Safety Net Program (0190 through 

0230) 

Safety Net Source Air Toxics Emissions 

Reductions 

Safety Net Source Air Toxics Emissions 

Reduction Measures in Permit 

DIVISION 248 

ASBESTOS REQUIREMENTS 

340-248-0005 Applicability 

340-248-0010 Definitions 

Asbestos Licensing and Certification Requirements 

340-248-0100 AppUcabiUty 

340-248-0110 General Provisions 

340-248-0120 Contractor Licensing 

340-248-0130 Certification 

340-248-0140 Training Provider Accreditation 

340-248-0150 General Training Standards 

340-248-0160 Prior Training 

340-248-0170 Reciprocity 

340-248-0180 Fees 

Asbestos Emission Standards and Procedural Requirements 

340-248-0205 

340-248-0210 

340-248-0220 

340-248-0230 

340-248-0240 

340-248-0250 

340-248-0260 

340-248-0270 

340-248-0275 

340-248-0280 

340-248-0290 

340-250-0010 

Oregon Administrative Rules Compilation 

6-265 

General Provisions 

Asbestos Requkements for Mills, Roadways and 

Parking lots, and Manufacturing Operations 

Reporting Requirements for Asbestos Sources 

Using Ak Cleaning Devices 

Asbestos to Nonasbestos Conversion Operations 

Asbestos Inspection Requirements for Oregon 

Title V Operating Permit Program Sources 

Asbestos Abatement Project Exemptions 

Asbestos Abatement Notification Requirements 

Asbestos Abatement Work Practices and Procedures 

Asbestos Standards for Air Cleaning, Spraying, 

Molded Insulation, and Fabricating 

Friable Asbestos Disposal Requirements 

Nonfriable Asbestos Disposal Requkements 

DIVISION 250 

GENERAL CONFORMITY 

Purpose 

(11-13-09) 
Chapter 340 Department of Environmental Quality 

340-250-0020 AppUcabiUty 

340-250-0030 Definitions 

340-250-0040 Conformity Analysis 

340-250-0050 Reporting Requkements 

340-250-0060 PubUc Participation 

340-250-0070 Frequency of Conformity Determinations 

340-250-0080 Criteria for Determining Conformity of General 

Federal Actions 

340-250-0090 Procedures for Conformity Determinations of 

General Federal Actions 

340-250-0100 Mitigation of Ak QuaUty Impacts 

340-250-0110 Savings Provision 

DIVISION 252 

TRANSPORTATION CONFORMITY 

340-252-0010 Purpose 

340-252-0020 AppUcabiUty 

340-252-0030 Definitions 

340-252-0040 Priority 

340-252-0050 Frequency of Conformity Determinations 

340-252-0060 Consukation 

340-252-0070 Content of Transportation Plans 

340-252-0080 Relationship of Transportation Plan TIP Conformity with the NEPA Process 

340-252-0090 Fiscal Constraints for Transportation Plans and 

TIPS 

340-252-0100 Criteria and Procedures for Determining 

Conformity of Transportation Plans, Programs, 

and Projects: General 

340-252-0110 Criteria and Procedures: Latest Planning 

Assumptions 

340-252-0120 Criteria and Procedures: Latest Emissions Model 

340-252-0130 Criteria and Procedures: Consultation 

340-252-0140 Criteria and Procedures: Timely Implementation 

ofTCMs 

340-252-0150 Criteria and Procedures: Currently Conforming 

Transportation Plan and TIP 

340-252-0160 Criteria and Procedures: Projects from a Plan and 

TIP 

340-252-0170 Criteria and Procedures: Localized CO and PMIO 

Violations (Hot-spots) 

340-252-0180 Criteria and Procedures: Compliance with PMIO 

Control Measures 

340-252-0190 Criteria and Procedures: Motor Vehicle Emissions 

Budget 

340-252-0200 Criteria and Procedures: Emission Reductions in 

Areas Without Motor Vehicle Emissions Budgets 

340-252-0210 Consequences of Control Strategy 

Implementation Plan Failures 

340-252-0220 Requirements for Adoption or Approval of 

Projects by Other Recipients of Funds Designated 

under Title 23 U.S.C. or the Federal Transk Laws 

340-252-0230 Procedures for Determining Regional 

Transportation-Related Emissions 

340-252-0240 Procedures for Determining Localized CO and 

PMIO Concentrations (Hot-spot Analysis) 

340-252-0250 Using the Motor Vehicle Emissions Budget in the 

Applicable Implementation Plan (or 

Implementation Plan Submission) 

340-252-0260 Enforceability of Design Concept and Scope and 

Project-Level Mitigation and Control Meeisures 

340-252-0270 Exempt Projects 

340-252-0280 Projects Exempt from Regional Emissions 

Analyses 

340-252-0290 Traffic Signal Synchronization Projects 

DIVISION 254 

340-254-0030 Definitions 

340-254-0040 Indirect Sources Required to Have Indirect 

Source Constmction Permits 

340-254-0050 Indkect Source Pemiit AppUcation Process 

340-254-0060 Indirect Source Constmction Pemiit AppUcation 

Requkements for Parking Facilities 

340-254-0070 Issuance or Denial of Indirect Source 

Constmction Permits 

340-254-0080 Pennit Duration 

DIVISION 256 

MOTOR VEHICLES 

340-256-0010 Definitions 

Visible Emissions 

340-256-0100 Visible Emissions — General Requirements, 

Exclusions 

340-256-0110 Visible Emissions — Special Requirements for 

Excluded Motor Vehicles 

340-256-0120 Uncombkied Water - Water Vapor 

340-256-0130 Motor Vehicle Fleet Operation 

340-256-0140 Dealer Compliance 

340-256-0150 Method of Measurement 

340-256-0160 Alternative Methods of Measuring Visible 

Emissions 

Certification of PoUution Control Systems 

340-256-0200 County Designations 

340-256-0210 Criteria for Certification of Motor Vehicle 

PoUution Control Systems 

340-256-0220 Compliance With Oregon Low Emission Vehicle 

Program 

Emission Control System Inspection 

RULES FOR INDIRECT SOURCES 

340-254-0010 

340-254-0020 

2010 Edition 

PoUcy 

Jurisdiction and Delegation 

340-256-0300 

340-256-0310 

340-256-0320 

340-256-0330 

340-256-0340 

340-256-0350 

340-256-0355 

340-256-0356 

340-256-0357 

340-256-0358 

340-256-0360 

340-256-0370 

340-256-0380 

340-256-0390 

340-256-0400 

340-256-0410 

340-256-0420 

340-256-0430 

Oregon Administrative Rules Compilation 

6-266 

Scope 

Government-Owned Vehicle, Permanent Fleet 

Vehicle and United States Govemment Vehicle 

Testing Requirements 

Motor Vehicle Inspection Program Fee Schedule 

Department of Defense Personnel Participating in 

the Privately Owned Vehicle Import Control 

Program 

Light Duty Motor Vehicle and Heavy Duty 

Gasoline Motor Vehicle Emission Control Test 

Method for Basic Program 

Light Duty Motor Vehicle Emission Control Test 

Method for Enhanced Program 

Emissions Control Test Method for OBD Test 

Program 

Emissions Control Test Method for On-Site 

Vehicle Testing for Automobile Dealerships 

Emissions Control Test Method for Clean-Screen 

Testing Program 

Emissions Control Test Method for Self-Service 

Testing Program 

Motorcycle Noise Emission Control Test Method 

Renewal of Registration for Light Duty Motor 

Vehicles and Heavy Duty Gasoline Motor 

Vehicles Temporarily Operating Outside of 

Oregon 

Light Duty Motor Vehicle Emission Control Test 

Criteria for Basic Program 

Heavy Duty Gasoline Motor Vehicle Emission 

Control Test Criteria 

Light Duty Motor Vehicle Emission Control 

Standards for Basic Program 

Light Duty Motor Vehicle Emission Control 

Standards for Enhanced Program 

Heavy-Duty Gasoline Motor Vehicle Emission 

Control Standards 

Motor Vehicle Propulsion Exhaust Noise 

Standards 

(11-13-09) 
Chapter 340 Department of Environmental Quality 

340-256-0440 

340-256-0450 

340-256-0460 

340-256-0465 

340-256-0470 

Criteria for Qualifications of Persons Eligible to 

Inspect Motor Vehicles and Motor Vehicle 

Pollution Control Systems and Execute 

Certificates 

Gas Analytical System Licensing Criteria for 

Basic Program 

Gas Analytical System Licensing Criteria for 

Enhanced Program 

Test Equipment Licensing Criteria for OBD Test 

Program 

Agreement With Independent Contractor; 

Qualifications of Contractor; Agreement 

R-ovisions 

DIVISION 257 

OREGON LOW EMISSION VEHICLES 

340-257-0010 

340-257-0020 

340-257-0030 

340-257-0040 

340-257-0050 

340-257-0060 

340-257-0070 

340-257-0080 

340-257-0090 

340-257-0100 

340-257-0110 

340-257-0120 

340-257-0130 

340-257-0140 

340-257-0150 

340-257-0160 

Purpose 

AppUcabiUty & Effective date 

Definitions and Abbreviations 

Requirement to Meet California Vehicle Emission 

Standards 

Incorporation by Reference 

Exemptions 

Fleet Average Non-Methane Organic Gas 

(NMOG) Exhaust Emission Requirements, 

Reporting, and Compliance 

ZEV Sales Requirement 

ZEV Credk Bank and Reporting 

Fleet Average Greenhouse Gas Exhaust Emission 

Requirements, Reporting, and Compliance 

Additional Reporting Requkements 

Warranty Requirements 

Recalls 

Permits and Fees 

Inspections and Information Requests 

Severability 

DIVISION 258 

MOTOR VEHICLE FUEL SPECIFICATIONS 

340-258-0010 

340-258-

340-258-

340-258^ 

340-258^ 

340-258 

340-258-

340-258. 

340-258^ 

340-258^ 

340-258^ 

0100 

0110 

0120 

0130 

•0140 

0150 

0160 

0170 

0180 

0190 

340-258-0200 

340-258-0210 

340-258-0220 

340-258-0230 

340-258-0240 

340-258-0250 

340-258-0260 

340-258-0270 

340-258-0280 

340-258-0290 

340-258-0300 

340-258-0310 

2010 Edition 

Definitions 

Oxygenated Gasoline 

Policy 

Purpose and General Requirements 

Sampling and Testing for Oxygen Content 

Compliance Options 

Per (SaUon Oxygen Content Standard 

Average Oxygen Content Standard 

Minimum Oxygen Content 

Oxygenated GasoUne Blending 

Registration 

CAR, Distributor and Retail Outlet Operating 

Permits 

Owners of Gasoline at Terminals, Distributors 

and Retail Outlets Required to Have Indirect 

Source Operating Permits 

Recordkeeping 

Reporting 

Prohibited Activities 

Inspection and Sampling 

Liability for Violation of a Prohibited Activity 

Defenses for Prohibited Activities 

Inability to Produce Conforming GasoUne Due to 

Extraordinary Ckcumstances 

Quality Assurance Program 

Attest Engagements Guidehnes When Prohibited 

Activities Alleged 

Dispenser Labeling 

Contingency Provision for Carbon Monoxide 

Nonattainment Area 

Standard for Automotive Gasoline 

340-258-0400 Reid Vapor Pressure for GasoUne 

DIVISION 259 

CLEAN DIESEL GRANT AND LOAN RULES 

340-259-0005 Clean Diesel Initiative Goal 

340-259-0010 Purpose and Scope 

340-259-0015 Defmitions 

340-259-0020 Determining the Certified Cost of a Qualifying 

Repower or Retrofit 

340-259-0025 Determining the Cost Effectiveness Threshold for 

a Repower or Retrofit 

340-259-0030 Standards for QuaUfying Repowers and Retrofits 

340-259-0035 Standards for Qualifying Oregon Diesel Truck 

Engine Scrapping Projects 

340-259-0040 Approval Preferences for Grant and Loan Awards 

340-259-0045 Grant and Loan Award Process 

340-259-0050 Application Procedures 

340-259-0055 Review and Approval or Denial 

340-259-0060 Grant or Loan Agreements and Conditions 

340-259-0065 Certification as a Clean Diesel Service Provider 

DIVISION 260 

REFRIGERANT RECYCLING AND OZONE-DEPLETENG 

SUBSTANCE REQUIREMENTS 

Refrigerant Recycling 

340-260-0010 Purpose and Applicability 

340-260-0020 Defmitions 

340-260-0030 Requirement for Recycling Automobile Air 

Conditioning Coolant 

Ozone Depleting Substance Requirements 

340-260-0040 Federal Regulations Adopted by Reference 

DIVISION 262 

RESIDENTIAL WOODHEATING 

340-262-0010 

340-262-0020 

Purpose 

Definitions 

Woodstove Sales 

340-262-0030 Requkements for Sale of Woodstoves 

340-262-0040 Exemptions 

340-262-0050 Civil Penalties 

Woodstove Certification Program 

340-262-0100 Applicability 

340-262-0110 Emissions Performance Standards and 

Certification 

340-262-0120 General Certification Procedures 

340-262-0130 LabeUng Requkements 

Woodburning Curtailment 

340-262-0200 Applicability 

340-262-0210 Determination of Air Stagnation Conditions 

340-262-0220 Prohibition of Woodburning During Periods of 

Air Stagnation 

340-262-0230 Public Infonnation Program 

340-262-0240 Enforcement 

340-262-0250 Suspension of Department Program 

Woodstove Removal Contingency Program 

340-262-0300 

340-262-0310 

340-262-0320 

340-262-0330 

Oregon Administrative Rules Compilation 

6-267 

Applicability 

Removal and Destruction of Uncertified Stove 

Upon Sale of Home 

Home Seller's Responsibility to Verify Stove 

Destmction 

Home Seller's Responsibility to Disclose 

(11-13-09) 
Chapter 340 Department of Environmental Quality 

340-264-0010 

340-264-0020 

340-264-0030 

340-264-0040 

340-264-0050 

340-264-0060 

340-264-0070 

340-264-0075 

340-264-0078 

340-264-0080 

340-264-0100 

340-264-0110 

340-264-0120 

340-264-0130 

340-264-0140 

340-264-0150 

340-264-0160 

340-264-0170 

340-264-0180 

340-264-0190 

DIVISION 264 

RULES FOR OPEN BURNING 

How to Use These Open Buming Rules 

PoUcy 

Definitions 

Exemptions, Statewide 

General Requkements Statewide 

General Prohibitions Statewide 

Open Buming Conditions 

Delegation of Authority 

Open Buming Control Areas 

County Listing of Specific Open Buming Rules 

Open Buming Requirements 

Baker, Clatsop, Crook, Curry, Deschutes, GilUam, 

Grant, Hamey, Hood River, Jefferson, Klamath, 

Lake, Lincoln, Malheur, Morrow, Sherman, 

TiUamook, UmatUla, Union, Wallowa, Wasco and 

Wheeler Counties 

Benton, Linn, Marion, PoUc and YamhiU Counties 

Clackamas County 

Multaomah County 

Washington County 

Columbia County 

Lane County 

Coos, Douglas, Jackson and Josephine Counties 

Letter Permits 

Forced Ak Pit Incinerators 

DIVISION 266 

FIELD BURNING RULES 

(WiUamette Valley) 

340-266-0010 

340-266-0020 

340-266-0030 

340-266-0040 

340-266-0050 

340-266-0060 

340-266-0070 

340-266-0080 

340-266-0090 

340-266-0100 

340-266-0110 

340-266-0120 

340-266-0130 

Introduction 

PoUcy 

Definitions 

General Requkements 

Registration, Pennits, Fees, Records 

Acreage Limitations, Allocations 

Daily Buming Authorization Criteria 

Buming by Public Agencies (Training Fires) 

Preparatory Buming 

Experimental Buming 

Emergency Buming Cessation 

Propane Flaming 

Stack Buming 

DIVISION 268 

EMISSION REDUCTION CREDITS 

340-268-0010 

340-268-0020 

340-268-0030 

AppUcabiUty 

Definitions 

Emission Reduction Credits 

DIVISION 11 

RULES OF GENERAL APPLICABILITY 

AND ORGANIZATION 

Confidentiality and Inadmissibility of 

Mediation Communications 

340-011-0003 

Confidentiality and Inadmissibility of Mediation Communications 

(1) The words and phrases used in this mle have the same meaning as given to them ki ORS 36.110 and 36.234. 

(2) Nothing in this mle affects any confidentiality created by 

other law. Nothing in this mle relieves a public body from complying 

with the Public Meetings Uw, ORS 192.610to 192.690. Whether or 

not they are confidential under this or other mles of the agency, mediation communications are exempt from disclosure under the Public 

Records Law to the extent provided in 192.410 to 192.505. 

(3) This mle appUes only to mediations in which the agency is 

a party or is mediating a dispute as to which the agency has regulatory authority. This mle does not apply when the agency is acting as the 

"mediator" in a matter in which the agency also is a party as defined 

in ORS 36.234. 

(4) To the extent mediation communications would otherwise be 

compromise negotiations under ORS 40.190 (OEC Rule 408), those 

mediation communications are not admissible as provided in 40.190 

(OEC Rule 408), notwithstandmg any provisions to the contrary in section (9) of this mle. 

(5) Mediations Excluded. Sections (6)-(10) of this mle do not 

apply to: 

(a) Mediation of workplace interpersonal disputes involving the 

interpersonal relationships between this agency's employees, officials 

or employees and officials, unless a formal grievance under a labor 

contract, a tort claim notice or a lawsuit has been filed; or 

(b) Mediation in which the person acting as the mediator will also 

act as the hearings officer in a contested case involving some or aU of 

the same matters; 

(c) Mediation in which the only parties are public bodies; 

(d) Mediation involving two or more pubUc bodies and a private 

party if the laws, mle or policies governing mediation confidentiaUty for at least one of the public bodies provide that mediation communications in the mediation are not confidential; or 

(e) Mediation involving 15 or more parties if the agency has designated that another mediation confidentiality mle adopted by the 

agency may apply to that mediation. 

(6) Disclosures by Mediator. A mediator may not disclose or 

be compelled to disclose mediation communications in a mediation 

and, if disclosed, such communications may not be introduced into evidence in any subsequent administrative, judicial or arbitration proceeding unless: 

(a) AU the parties to die mediation and the mediator agree in writing to the disclosure; or 

(b) The mediation communication may be disclosed or introduced into evidence in a subsequent proceeding as provided in subsections (c)-(d), (jMl) or (o)-(p) of section (9) of this mle. 

(7) Confidentiality and Liadmissibility of Mediation Communications. Except as provided in sections (8)-(9) of this mle, mediation communications are confidential and may not be disclosed to any 

other person, are not admissible in any subsequent administrative, judicial or arbitration proceeding and may not be disclosed during testimony in, or during any discovery conducted as part of a subsequent 

proceeding, or inkoduced as evidence by the parties or the mediator 

in any subsequent proceeding. 

(8) Written Agreement. Section (7) of this mle does not apply 

to a mediation unless the parties to the mediation agree in writing, as 

provided in this section, that the mediation communications in the 

mediation will be confidential and/or nondiscoverable and inadmissible. If the mediator is the employee of and acting on behalf of a state 

agency, the mediator or an autliorized agency representative must also 

sign the agreement. The parties' agreement to participate in a confidential mediation must be in substantially the following form. This 

form may be used separately or incorporated into an "agreement to 

mediate." [Form not included. See ED. NOTE.] 

(9) Exceptions to confidentiality and inadmissibility. 

(a) Any statements, memoranda, work products, documents and 

other materials, otherwise subject to discovery that were not prepared 

specifically for use in the mediation are not confidentied and may be 

disclosed or introduced into evidence in a subsequent proceeding. 

(b) Any mediation communications that are pubhc records, as 

defined in ORS 192.410(4), and were not specifically prepared for use 

in the mediation are not confidential and may be disclosed or introduced into evidence in a subsequent proceeding unless the substance 

of the communication is confidential or privileged under state or federal law. 

(c) A mediation communication is not confidential and may be 

disclosed by any person receiving the communication to the extent that 

person reasonably believes that disclosing the communication is necessary to prevent the commission of a crime that is likely to result in 

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6-268 (11-13-09) 
Chapter 340 Department of Environmental Quality 

(2) AU findings in a proposed or final order must be based on a 

preponderance of evidence in the record unless another standard is 

specifically required by statute or rale. 

(3) In reviewing the department's interpretation of a department 

mle as applied in a formal enforcement action, an administrative law 

judge must follow the department's kiterpretation if that interpretation 

is both plausible and reasonably consistent with the wording ofthe mle 

and the underlying statutes. The administrative law judge may state, 

on the record, an altemative interpretation for consideration on appeal. 

(4) With the exception of exact terms that do not requke interpretation, an administrative law judge shall give the department's interpretation of stamtory terms the appropriate deference in Ught of the 

department's expertise with the subject matter, the department's experience with the statute, the department's involvement in the relevant 

legislative process, and die degree of discretion accorded the department by the legislature. 

Stat. Autlior ORS 183.341 & 468.020 

Stal, Implemenled: ORS 183.450 

Hist.: DEQ 18-2003, f. & cert. ef. 12-12-03 

340-011-0550 

Discovery 

(1) Motions for discovery will only be granted if the motion 

establishes that: 

(a) the participant seeking the information attempted to obtain the 

information through an informal process. If the participant is seeking 

information from a pubhc agency, the participant must make a public record request prior to petitioning for discovery; and 

(b) the discovery request is reasonably likely to produce information that is generally relevant and necessary to the matters alleged 

in the formal enforcement action said the request for hearing or is likely to facilitate resolution ofthe case. 

(2) An administrative law judge is not authorized to order depositions or site visits unless the department authorizes the same in writing in the specific case. 

Stat. Author ORS 183.341 & 468.020 

Stat. Implemented; ORS 183.425,183.440 & 183.450 

Hist.: DEQ 18-2003, f. & cert. ef. 12-12-03 

340-011-0555 

Subpoenas 

(1) Subpoenas for the attendance of witnesses or production of 

documents at a contested case hearing will be issued in accordance 

with OAR 137-003-0585. 

(2) Copies of the subpoena must be provided to the administrative law judge and all participants at the time of service to the person 

to whom the subpoena is issued. 

(3) Service of a subpoena for the attendance of a witaess must 

be completed by personal service unless the witaess has indicated that 

he is wilUng to appear and the subpoena is medled at least 10 days prior 

to the hearing. Personal service should be effected at least 7 days prior 

to the hearing. 

(4) Service of a subpoena for the production of documents at a 

contested case hearing may be effected by regular mail provided that 

it is done sufficientiy in advance of the hearing to allow reasonable 

time to produce the documents. 

(5) Service of a subpoena for both the attendance of a witaess and 

production of documents must be completed as provided under section (3) of this mle. 

(6) Any witness who appears at a hearing under a subpoena will 

receive fees and mileage as set forth in ORS 44.415(2). The fees and 

mileage must be paid by the participant for whom the subpoena was 

issued and may be paid at either the time of service of the subpoena 

or at the hearing. 

Stat. Author ORS 183.341 & 468.020 

Stat. Implemented: ORS 183.425,183.440 & 468.120 

Hist.: DEQ 18-2003, f. & cert, ef. 12-12-03 

340-011-0560 

Public Attendance at Contested Case Hearing 

An administrative law judge may close a contested case hearing 

to the public upon the request of a participant in the contested case 

hearing. 

Stat. Auth.: ORS 183.341 &468.020 

Stats. Implemented: ORS 183,341 

Hist.: DEQ l-2000(Temp), f. 2-15-00,cert. ef. 2-15-00 thru 7-31-00; DEQ 9-2000, 

f. & cert, ef 7-21-00; Renumbered from 340-011-0122 by DEQ 18-2003, f & cert, 

ef. 12-12-03 

340-011-0565 

Immediate Review by Agency 

Immediate review by the agency is not allowed. (See OAR 137-

003-0640) 

Stat. Auth.: ORS 183.341 & 468.020 

Slats. Implemented: ORS 183.341 

Hist.: DEQ l-2000(Temp), f. 2-15-00, cert. ef. 2-15-00 thru 7-31-00; DEQ 9-2000, 

f. & cert. ef. 7-21-00; Renumbered from 340-011-0124 by DEQ 18-2003, f & cert. 

ef. 12-12-03 

340-011-0570 

Permissible Scope of Hearing 

(1) The scope of a contested case hearing will be liniited to those 

matters that are relevant and material to either proving or disproving 

the matters alleged in formal enforcement action and request for hearing. Equitable remedies will not be considered by an administrative 

law judge. 

(2) The administrative law judge may not reduce or mitigate a 

civil penalty below the amount estabhshed by the application of the 

civil penalty formula contained in OAR 340, division 12. 

Stat. Auth.: ORS 183.341 & 468.020 

Stats. Implemented: ORS 183.450 & 468.130 

Hist.: DEQ l-2000(Temp), f 2-15-00, cert. ef. 2-15-00 thru 7-31-00; DEQ 9-2000, 

f. & cert. ef. 7-21-00; Renumbered from 340-0] 1-0131 by DEQ 18-2003, f. & cert. 

ef. 12-12-03 

340-011-0573 

Proposed Orders in Contested Cases 

(1) FoUowing the close of the record for a contested case hearing, the administrative law judge wiU issue a proposed order. The 

administrative law judge wiU serve the proposed order on each participant. A projx)sed contested case order must conform to the requirements of OAR 137-003-0645(3). 

(2) Within 15 days after a proposed contested case order is issued, 

a participant in the contested case hearing may file a motion requesting that the administrative law judge clarify or supplement a proposed 

order. The motion must specify why the participant beUeves that the 

proposed order fails to conform to the requkements of OAR 137-003-

0645(3) and recommend changes to the order The motion must be 

served on the administrative law judge and all participants in tae contested case hearing. 

(3) The administrative law judge may grant or deny a motion filed 

under section (2) of tiiis mle within 15 days. If the motion is granted, 

the administrative law judge may take the matter under advisement and 

reissue the proposed order unchanged or may issue an amended proposed order. If the administrative law judge fails to act on the motion 

within 15 days, the motion is deemed denied by operation of law. 

(4) The fiUng of a timely motion for clarification under section 

(2) of this mle tolls the period for fiUng a Petition for Commission 

Review of the proposed contested case order under OAR 340-011-

0575. Tolling ofthe period begins on the day the motion is served on 

the administrative law judge and ends on the day the motion is denied, 

deemed denied by operation of law, or the proposed order is reissued 

without changes. If the administrative law judge issues an amended 

proposed order, the amended order will be treated as a new proposed 

order for purpose of the filling a timely Petition for Commission 

Review under 340-011-0575. 

(5) The motion for clarification authorized by this rale is intended to alter the provisions of OAR 137-003-0655 but not to eUminate 

the authority of the administrative law judge to conect a proposed 

order in the manner specified in section (2) of that mle. 

(6) A motion for clarification and any response to a motion for 

clarification will be part of the record on appeal. 

Stat. Auth.: ORS 468.020,183.341,183,452 

Stats. Implemented: ORS 468A.020,468.070,468.090-0140,183.341,183.452 

Hist.: DEQ 5-2008, f. & cert. ef. 3-20-08 

340-011-0575 

Review of Proposed Orders in Contested Cases 

(1) For purposes of this mle, fiUng means receipt in the office of 

the director or other office of the department. 

(2) Commencement of Review by the Commission: The proposed order will become final unless a participant or a member of the 

2010 Edition 

Oregon Administrative Rules Compilation 

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Chapter 340 Department of Environmental Quality 

commission files, with the commission, a Petition for Commission 

Review within 30 days of service of the proposed order. The timely 

fiUng of a Petition is a jurisdictional requkement and cannot be 

waived. Any participant may file a petition whether or not another participant has filed a petition. 

(3) Contents of the Petition for Conimission Review. A petition 

must be in writing and need only state the participant's or a commissioner's intent that the commission review the proposed order. Each 

petition £uid subsequent brief must be captioned to indicate the participant filing the document and the type of document (for example: 

Respondents Exceptions and Brief; Department's Answer to Respondent's Exceptions and Brief). 

(4) Procedures on Review: 

(a) Exceptions and Brief Within 30 days from the fiUng of a petition, the participant(s) filing the petition must file written exceptions 

and brief. The exceptions must specify those findings and conclusions 

objected to, and also include proposed altemative findmgs of fact, conclusions of law, and order with specific references to the parts of the 

record upon which the participant reUes. The brief must include tae 

arguments supporting these altemative findings of fact, conclusions of 

law and order. Failure to take an exception to a finding or conclusion 

in the brief, waives the participant's abiUty to later raise that exception. 

(b) Answering Brief: Each participant, except for the participant(s) fiUng that exceptions and brief, will have 30 days fi'om die date 

of fiUng of the exceptions and brief under subsection (5)(a), in which 

to file an answering brief. 

(c) Reply Brief: ff an answering brief is filed, the participant(s) 

who filed a petition will have 20 days from the date of filing of the 

answering brief under subsection (5)(b), in which to file a reply brief 

(d) Briefing on Commission Invoked Review: When one or more 

members of the conimission wish to review the proposed order, and 

no participant has timely filed a Petition, the chak ofthe commission 

wdl promptiy notify the participants ofthe issue that the commission 

deskes the participants to brief The participants must limit thek briefs 

to those issues. The chair of the commission will also establish the 

schedule for filing of briefs. When the commission wishes to review 

the proposed order and a participant also requested review, briefing 

will foUow the schedule set forth in subsections (a), (b), and (c) of this 

section. 

(e) Extensions: The commission or dkector may extend any of 

the time limits contained in section (5) of this rale. Each extension 

request must be in writing and filed with tae commission before the 

expiration ofthe time Umit. Any request for an extension may be granted or denied in whole or in part. 

(f) Dismissal: The commission may dismiss any petition, upon 

motion of any participant or on its own motion, if the participant(s) 

seeking review fails to timely file the exceptions or brief required 

under subsection (5)(a) of this mle. A motion to dismiss made by a 

participant must be filed within 45 days after the filing ofthe Petition. 

At the time of dismissal, tae conimission will also enter a final order 

upholding the proposed order. 

(g) Oral Argument: Following the expiration ofthe time allowed 

the participants to present exceptions and briefs, the matter will be 

scheduled for oral argument before tae commission. 

(5) Additional Evidence: A request to present additional evidence 

must be submitted by motion and must be accompanied by a statement 

showing good cause for the failure to present the evidence to the 

administrative law judge. The motion must accompany the brief filed 

under subsection (5)(a) or (b) of tins rale. If the commission grants tae 

motion or decides on its own motion taat additional evidence is necessary, the matter will be remanded to an administrative law judge for 

further proceedings. 

(6) Scope of Review: The commission may substitate its judgment for that of the administrative law judge in making any particular finding of fact, conclusion of law, or order except as Umited by 

OAR 137-003-0655 and 137-003-0665. 

(7) Service of documents on other participants: All documents 

required to be filed with the commission under this rale must also be 

served upon each participant in tae contested case hearing. Service can 

be completed by personal service, certified mail or regular mail. 

Stat. Auth.: ORS 183.341 & 468.020 

Stats. Implemented: ORS 183.460,183.464 & 183.470 

Hist.: DEQ 78, f. 9-6-74, ef. 9-25-74; DEQ 115, f. & ef. 7-6-76; DEQ 25-1979, f. 

& ef 7-5-79; DEQ 7-1988, t. & cert.ef. 5-6-88; DEQ l-2000(Temp), f 2-15.00,cert. 

ef 2-15-00 thra 7-31-00; DEQ 9-2000, f. & cert. ef. 7-21-00; Renumbered from 340-

011-0132 by DEQ 18-2003, f. & cert. ef. 12-12-03; DEQ 5-2008, f. & cert, ef 3-

20-08 

340-011-0580 

Petitions for Reconsideration or Rehearing 

(1) A participant is not requked to seek eitaer reconsideration or 

rehearing of a final order prior to seeking judicial review. 

(2) Any petition for reconsideration or rehearing must be received 

by the department within 60 days of service of the final order. Unless 

specifically set forth m this rale, the procedures for petitions for reconsideration or rehearing are those in OAR 137-003-0675. 

(3) A petition for reconsideration or rehearing does not stay the 

effect of the final order. 

(4) The director, on behalf of the commission, shall issue orders 

granting or denying petitions for reconsideration and rehearing. 

Stat. Auth.: ORS 183.341 & 468.020 

Stats. Implemented: ORS 183.480 & 183.482 

Hist.: DEQ 18-2003, f. & cert. ef. 12-12-03 

340-011-0585 

Petitions for a Stay ofthe Effect of a Final Order 

(1) A petition to stay the effect of any final order must be received 

by the department within 60 days of service ofthe final order. Unless 

specifically set forth in this rale, the procedures for petitions for a stay 

are tiiose in OAR 137-003-0690 through 0700. 

(2) If a participant submits a petition for reconsideration or 

rehearing or a late request for hearing, the petition for a stay must 

accompeuiy that petition. 

(3) A petition for a stay must contain all the elements set forth 

in OAR 137-003-0690 and be served upon all participants as set forth 

in 137-003-0690(4). 

(4) Any participant may seek to intervene in the stay proceeding 

as set forth in OAR 137-003-0695 by filing a response to the petition 

for a stay with the department. 

(5) The dkector, on behalf of the conimission, shall issue an order 

granting or denying tae petition for a stay within 30 days of receipt of 

the petition. 

Stat. Auth.: ORS 183.341 & 468.020 

Stats. Implemented: ORS 183.480 & 183.482 

Hist.: DEQ 18-2003, f. & cert, ef 12-12-03 

340-011-0605 

Miscellaneous Provisions 

Delegation of Autaority to the Director of Department of Environmental QuaUty — Respondmg to Claims Under ORS 197.352. The 

dkector shall have the authority to carry out the responsibilities and 

exercise the authorities of tae Conimission and the Department in 

responding to claims under ORS 197.352 (2004 BaUot Measure 37), 

including: 

(1) Review of claims under OAR 125-145-0100; 

(2) Denial of claims under OAR 125-145-0100; and 

(3) Approval of clauns under OAR 125-145-0100, except diat die 

Director may only approve a claim by not applying the statate or rale 

that is the basis of the claim unless tae Legislative Assembly has 

apportioned funds for payment of claims under Chapter 1, Oregon 

Laws 2005. 

Stat. Auth.: ORS 468.020,197.352 

Stats. Implemented: ORS 468.020 & 197.352 

Hist.: DEQ 5-2006, f. & cert. ef. 5-12-06 

DIVISION 12 

ENFORCEMENT PROCEDURE AND CIVIL PENALTIES 

340-012-0026 

Policy 

(1) The goals of enforcement are to: 

(a) Protect the pubhc health and the envkonment; 

(b) Obtain and maintain comphance with apphcable envkonmental statates and the department's rales, permits and orders; 

(c) Deter future violators and violations; and 

(d) Ensure an appropriate and consistent statewide enforcement 

program. 

(2) The department shall endeavor by conference, conciliation 

and persuasion to soUcit compliance. 

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(3) The department endeavors to address all alleged violations in 

order of priority, based on the actual or potential impact to human 

healta or the envkonment, uskig increasing levels of enforcement as 

necessary to achieve the goals set forth in section (1) of this rale. 

(4) The department subjects violators who do not comply with 

an initial enforcement action to increasing levels of enforcement until 

they come into compliance. 

(5) The department assesses civU penalties based on tae class of 

violation, the magnitude of violation, the application of the penalty 

matrices and aggravating and mitigating factors, and the economic 

benefit realized by the respondent. 

(a) Classification of Violation. Each violation is classified as 

Class I, Class n or Class HI. Class I violations have tae greatest likelihood of actaal or potential impact to humEui health or the environment or are of the greatest significance to the regulatory stracture of 

the given envkonmental program. Class II violations are less likely 

than Class I violations to have actual or potential impact to human 

health or tae environment. Class HI violations have the least UkeUhood 

of actaal or potential impact to human health and the envkonment. 

(See OAR 340-012-0053 to 340-012-0097.) 

(b) Magnitude of Violation. For Class I and Class n violations, 

the department uses a selected magnitade or determines the magnitade 

based on the impact to human health and the envkonment resulting 

fi'om taat particular violation. A magnitade is not detemiined for Class 

ra violations. (See OAR 340-012-0130 and 340-012-0135.) 

(c) Base Penalty Matrices. The department uses the base penalty matrices to determine an appropriate penalty based on the classification and magnitude of the violation. (See OAR 340-012-0140.) 

(d) Aggravating and Mitigating Factors. The department uses the 

aggravating and mitigating factors to adjust the base penalty to reflect 

tae particular ckcumstances surrounding the violation. These factors 

include the duration ofthe violation, the respondent's past compUance 

history, the mental state ofthe respondent, and the respondent's cooperativeness in achieving compliance or remedyuig the situation. (See 

OAR 340-012-0145.) 

(e) Economic Benefit. The department adds the economic benefit gained by tae respondent to the civil penalty to achieve detenence 

and create equity between the respondent and those regulated persons 

who have home the expense of maintaining compUance. (See OAR 

340-012-0150.) 

(6) The department endeavors to issue a formal enforcement 

action within six months from completion of the investigation of the 

violation. 

Stat. Auth.: ORS 459.995,466,467,468.020,468.996,468A & 468B 

Stats. Implemented: ORS 183.090,454.635,454.645,459.376,459.995,465.900, 

466.210,466.880 - 895,468.090 -140,468A.990,468.992,468B.025,468B.220 

&468B.450 

Hist.: DEQ 4-1989,f. & cert, ef 3-14-89; DEQ 15-1990, f. & cert, ef 3-30-90; DEQ 

21-1992, f. & cert, ef 8-11-92; DEQ 4-2005, {. 5-13-05, cert. ef. 6-1-05 

340-012-0027 

Rule Effective Date 

These mles will become effective on March 31,2006. 

Stat. Auth.: ORS 468.020 

Stats. Implemented: ORS 183.355,454,459,465,466,468,468A & 468B 

Hist.: DEQ 4-2005, f. 5-13-05, cert. ef. 6-1-05; DEQ 4-2006, f 3-29-06, cert, ef 3-

31-06 

340-012-0028 

Scope of Applicability 

Amendments to OAR 340-012-0026 to 340-012-0170 shall only 

apply to formal enforcement actions issued by the Department on or 

after the effective date of such amendments and not to any contested 

cases pending or formal enforcement actions issued prior to the effective date of such amendments. 

Stat. Auth.: ORS 454,459.995,466,467,468.020 & 468.996 

Stats.Implemented: ORS 183.090,454.635,454.645,459.376,459.995,465.900, 

466.210,466.880 - 895,468.090 - 140,468A.990,468.992,468B.025,468B.220 

&468B.450 

Hist.: DEQ 4-1989,f & cert, ef 3-14-89; DEQ 15-1990, f. & cert, ef 3-30-90; DEQ 

21-1992, f. & cert, ef 8-11-92, Renumbered from 340-012-0080; DEQ 4-2005, f. 

5-13-05, cert.ef. 6-1-05 

340-012-0030 

Definitions 

AU terms used in this division have tae meaning given to the term 

in tae appropriate substantive statute or mle or, in the absence of such 

definition, thek common and ordinary meaning unless otherwise 

required by context or defined below: 

(1) "Alleged Violation" means any violation cited in a Notice of 

Noncompliance, Waming Letter, Pre-Enforcement Notice, or Expedited Enforcement Offer that the department or other govemment 

agency records after observation, investigation or data collection, or 

for which tae department receives independent evidence sufficient to 

issue a Notice of NoncompUance, Waming Letter, Pre-Enforcement 

Notice, or Expedited Enforcement Offer. 

(2) "Class I Equivalent," which is used to determine the value of 

the "P" factor in the civil penalty formula, means two Class n violations, one Class II and two Class IH violations, or three Class HI violations. 

(3) "Commission" means the Envkonmental QuaUty Commission. 

(4) "Compliance" means meeting the requirements ofthe applicable statates, and conimission or department rales, permits or orders. 

(5) "Conduct" means an act or omission. 

(6) "Dkector" means the dkector ofthe department or the dkector's authorized deputies or officers. 

(7) "Department" means the Department of Envkonmental Quality. 

(8) "Expedited Enforcement Offer" (EEO) means a written offer 

by the department to settle an alleged violation pursuant to tae expedited procedure described in OAR 340-012-0170(2). 

(9) "Ragrant" or "flagrantly" means the respondent had actaal 

knowledge that the conduct was unlawful and consciously set out to 

commit the violation. 

(10) "Formal Enforcement Action" (FEA) means a proceeding 

initiated by the department that entitles a person to a contested case 

hearing or that settles such entitlement, including, but not liniited to. 

Notices of Violation, Notices of Civil Penalty, Penalty Demand 

Notices, department orders, commission orders. Mutual Agreement 

and Orders, and other consent orders. 

(11) "Intentional" means the respondent acted wita a conscious 

objective to cause the result of the conduct. 

(12) "Magnitude of the Violation" means the extent and effects 

of a respondent's deviation from statutory requkements, rales, standards, permits or orders. 

(13) "Negligence" or "NegUgent" means the respondent failed to 

take reasonable care to avoid a foreseeable risk of conduct constituting or resulting in a violation. 

(14) "Penalty Demand Notice" (PDN) means a written notice 

issued to a respondent by the department demanding payment of a stipulated penalty pursuant to the terms of an agreement entered into 

between the respondent and the department. 

(15) "Pre-Enforcement Notice" (PEN) means a written notice of 

an alleged violation that the department is considering for formal 

enforcement. 

(16) "Person" includes, but is not Umited to, individuals, corporations, associations, firms, partnerships, tmsts, joint stock companies, 

public and municipal corporations, poUtical subdivisions, states and 

thek agencies, and the federal govemment and its agencies. 

(17) "Prior Significant Action" (PSA) means any violation cited 

in an FEA, wita or without admission of a violation, that becomes final 

by payment of a civil penalty, by a final order of the commission or 

the department, or by judgment of a court. 

(18) "Reckless" or "Recklessly" means the respondent consciously disregarded a substantial and unjustifiable risk that the resuh 

would occur or that the ckcumstance existed. The risk must be of such 

a natare and degree that disregarding that risk constitated a gross deviation from the standard of care a reasonable person would observe in 

that situation. 

(19) "Residential Owner-Occupant" means the person who owns 

or otherwise possesses a single family dwelling unit, and who occupies that dwelling at the time of the alleged violation. The violation 

must involve or relate to the normal uses of a dwelling unit. 

(20) "Respondent" means the person to whom an FEA is issued. 

(21) "Systematic" means any violation that occurred or occurs on 

a regular basis. 

(22) "Violation" means a transgression ofany statute, mle, order, 

license, permit, or any part thereof and includes both acts and omissions. 

2010 Edition 

Oregon Administrative Rules Compilation 

6-277 (11-13-09) 
Chapter 340 Department of Environmental Quality 

(23) "Waming Letter" (WL) means a written notice of an alleged 

violation for which formal enforcement is not anticipated. 

(24) "Willful" means the respondent had a conscious objective 

to cause tae result of the conduct and the respondent knew or had reason to know taat tae result was not lawful. 

Stat. Auth.: ORS 468.020 & 468.130 

Slats. Implemented: ORS 459376, 459.995, 465.900, 468.090-140, 466.880 -

466.895,468.996 - 468.997,468A.990 - 468A.992 & 468B.220 

Hist.: DEQ 78,f 9-6-74, ef 9-25-74; DEQ 22-1984, f & ef 11-8-84; DEQ 22-1988, 

f. & cert. ef. 9-14-88; DEQ 4-1989, t. & cert. ef. 3-14-89; DEQ 15-1990, f. & cert. 

ef. 3-30-90; DEQ 21-1992, f. & cert, ef 8-11-92; DEQ 4-1994, t. & cert, ef 3-14-

94; DEQ 19-1998, f. & cert. ef. 10-12-98; DEQ 4-2005, f 5-13-05, cert. ef. 6-1-05; 

DEQ 14-2008, f & cert.ef. 11-10-08 

340-012-0038 

Warning Letters, Pre-Enforcement Notices, and Notices of 

Permit Violation and Expedited Enforcement Offers 

(1) A Waming Letter (WL) is a written notice of an alleged violation for which formal enforcement is not anticipated. WLs may contain an opporwnity to conect noncompliance as a means of avoiding 

formal enforcement. A WL generally will identify the alleged violation(s) found, what needs to be done to comply, and the consequences 

of further noncompliance. WLs will be issued under the direction of 

a manager or authorized representative. A person receiving a WL may 

provide information to tae department to clarify tae facts surrounding 

the alleged violation(s). If the department determines taat the conduct 

identified in tae WL did not occur, the department wiU withdraw or 

amend the WL, as appropriate, within 30 days. A WL is not an FEA 

and does not afford any person a right to a contested case hearing. 

(2) A Pre-Enforcement Notice (PEN) is a written notice of an 

alleged violation that the department is considering for formal enforcement. A PEN generally will identify the alleged violations found, what 

needs to be done to.comply, the consequences of further noncompUance, £uid the formal enforcement process that may occur. PENs will 

be issued under the dkection of a manager or authorized representative. A person receiving a PEN may provide information to the department to clarify the facts surrounding the alleged violations. If the 

department determines that tae conduct identified in tae PEN did not 

occur, the department will withdraw or amend tae PEN, as appropriate, within 30 days. Failure to send a PEN does not preclude tae 

department from issuing an FEA. A PEN is not a formal enforcement 

action and does not afford any person a right to a contested case hearing. 

(3) Notice of Pemiit Violation (NPV): 

(a) Except as provided in subsection (3)(e) below, an NPV will 

be issued for the fkst occunence of an alleged Class I violation of an 

ak, water or solid waste pemiit issued by the department, and for 

repeated or continuing alleged Class U or Class HI violations of an ak, 

water, or solid waste pemiit issued by the department when a Notice 

of Noncompliance or WL has failed to achieve compliance or satisfactory progress toward compUance. 

(b) An NPV is in writing, specifies the violation and states taat 

a civil penalty will be imposed for the permit violation unless the permittee submits oiie of the following to tae department within five 

working days of receipt of tae NPV: 

(A) A written response from the permittee certifying that tae permittee is complying with all terms and conditions of the pemiit from 

which the violation is cited. The response must include a description 

of the information on which the permittee's certification relies sufficient to enable the department to determine that compliance has been 

achieved. The certification must be signed by a Responsible Official 

based on infonnation and behef after making reasonable inquiry. For 

purposes of this rale, "Responsible Official" means one of the following: 

(i) For a corporation: a president, secretary, treasurer, or vicepresident of the corporation in charge of a principal business function, 

or any other person who performs similar poUcy- or decision-making 

functions for the corporation; or the manager of one or more manufacturing, production, or operating facihties if autaority to sign documents has been assigned or delegated to the manager in accordance 

wita corporate procedures. 

(ii) For a partaership or sole proprietorship: a general partner or 

the proprietor, respectively. 

(iii) For a municipality, state, federal, or other public agency: 

either a principal executive officer or appropriate elected official. 

(B) A written proposal, acceptable to the department, describing 

how the permittee will bring tae facility into compliance with tae permit. At a minimum, an acceptable proposal must include tae foUowmg: 

(i) A detailed plan and time schedule for achieving compUance 

in the shortest practicable time; 

(u) A description ofthe interim steps that will be taken to reduce 

tae impact of the pennit violation until the permittee is in compliance 

wkh the pemiit; and 

(iu) A statement that tae permittee has reviewed all otaer conditions and Umitations of the permit and no other violations of the permit were discovered; or 

(C) For a water quaUty permit violation, a written request to the 

department that the department follow procedures described in ORS 

468B.032. Notwithstanding the requirement for a response to the 

department within five working days, the permittee may file a request 

under this paragraph within 20 days from tae date of service of the 

NPV. 

(c) If a compUance schedule approved by the department under 

paragraph (3)(b)(B) provides for a compliance period of more taan six 

months, the compliance schedule must be incorporated into a final 

order that provides for stipulated penalties in the event of any failure 

to comply with the approved schedule. The stipulated penalties may 

be set at amounts equivalent to tae base penalty amount appropriate 

for the underlykig violation as set forth in OAR 340-012-0140; 

(d) If the NPV is issued by a regional authority, the regional 

authority may requke that the permittee submit information in addition to that described in subsection (3)(b). 

(e) The department may assess a penalty witaout fkst issuing an 

NPV if: 

(A) The violation is intentional; 

(B) The water or ak violation would not normally occur for five 

consecutive days; 

(C) The permittee has received an NPV or an FEA with respect 

to any violation ofthe pemiit within tae 36 months immediately preceding tae alleged violation; 

(D) The permittee is subject to the Oregon Title V operating permit program and violates any rale or standard adopted under ORS 

Chapter 468A or any permit or order issued under Chapter 468A; or 

(E) The requirement to provide an NPV would disqualify a state 

program from federal approval or delegation. The permits and permit 

conditions to which this NPV exception applies include: 

(i) Ak Contaminant Discharge Permit (ACDP) conditions that 

implement tae State Implementation Plan under the federal Clean Ak 

Act; 

(ii) Water Pollution Control Facility (WPCF) permit conditions 

that implement the Underground Injection Control program under the 

federal Safe Drinking Water Act; 

(iii) National Pollutant Discharge Elimination System (NPDES) 

Permit conditions; and 

(iv) Municipal LandfiU SoUd Waste Disposal Permit conditions 

that implement Subtitle D of the federal Sohd Waste Disposal Act. 

(f) For purposes of section (3), a "pemiit" includes permit 

renewals and modifications. No such renewal or modification wiU 

result in the requkement that tae department provide the permittee 

with an additional advance notice before formal enforcement if the 

permittee has received an NPV, or other FEA, with respect to tae permit, within the 36 months immediately preceding the alleged violation. 

(4) An Expedited Enforcement Offer (EEO) is a written offer by 

the department to settle an alleged violation that the department has 

determined may be resolved through its expedited enforcement procedures. An EEO wiU identify the alleged violation or violations to 

which the EEO applies and tae amount for which the department will 

settle the alleged violation(s). It may also specify conective actions 

taat must be taken to address those violations. An EEO constitates the 

department's offer to settle the violation(s) through a consent order. 

The EEO wiU be incorporated into a final commission order only if 

the alleged violator accepts the department's offer to settle by signing 

tae EEO, paying the full amount stipulated in the offer, and waiving 

any right to administrative and judicial review regarding the EEO, the 

final commission order, or any violations settled therein. Violations 

cited in an EEO that are incorporated into a final commission order 

wUl be treated as "prior significant actions" in any subsequent formal 

enforcement action. 

2010 Edition 

Oregon Administrative Rules Compilation 

6-278 (11-13-09) 
Chapter 340 Department of Environmental Quality 

[Publications: Pubhcations referenced are available from the agency.] 

Stat. Auth.: ORS 468.020 

Stats. Implemenled: ORS 459J76,468.090 - 468.140,468A,990 & 468B.025 

Hist.: DEQ 78, f 9-6-74, ef 9-25-74; DEQ 25-1979, t. & ef. 7-5-79; DEQ 22-1984, 

f. & ef 11-8-84; DEQ 16-1985, f & ef 12-3-85; DEQ 22-1988, f & cert, ef 9-14-

88; DEQ 4-1989, f & cert, ef 3-14-89; DEQ 15-1990, f & cert, ef 3-30-90; DEQ 

21-1992, f. & cert, ef 8-11-92; DEQ 4-1994, f & cert, ef 3-14-94; DEQ 19-1998, 

f & cert. ef. 10-12-98; Renumbered from 340-012-0040, DEQ 4-2005, f. 5-13-05, 

cert, ef 6-1-05; DEQ 14-2008, f & cert, ef 11-10-08 

340-012-0041 

Formal Enforcement Actions 

(1) FEAs may requke that the respondent take action within a 

specified timeframe or may assess civil penalties. The department may 

issue an NPV or FEA whether or not it has previously issued a Notice 

of NoncompUance, WL or PEN related to the issue or violation. Unless 

specifically prohibited by statate or rale, the department may issue an 

FEA without fkst issuing an NPV. 

(2) A Notice of Civil Penalty Assessment (CPA) may be issued 

for tae occunence of any class of violation that is not hmited by the 

NPV requkement of OAR 340-012-0038(3). 

(3) An Order may be in tae form of a commission or department 

order, including any written order that has been consented to in writing by the parties diereto, includuig but not limited to, a Mutaal Agreement and Order (MAO). 

(4) A Penalty Demand Notice (PDN) may be issued according 

to the terms of any written final order that has been consented to in 

writing by the parties thereto, including, but not liniited to, a MAO. 

(5) The enforcement actions described in sections (2) through (4) 

of this mle in no way limit the depeutment or commission from seeking any other legal or equitable remedies, including revocation of any 

department-issued license or pemiit, provided by ORS Chapters 183, 

454,459,465,466,467,468,468A, and 468B. 

Stat. Auth.: ORS 454.625, 459.376, 465.400 - 410, 466.625, 467.030, 468.020, 

468A.025,468A.045 & 468B.035 

Stats. Implemented: ORS 454.635,454.645,459.376,459.995,465.900,466.210, 

466.880 - 895,468.090 -140,468A.990,468.992,4683.025,468B.220 & 468B.450 

Hist.: DEQ 4-1989,f. & cert, cf 3-14-89; DEQ 15-1990, f & cert, ef 3-30-90; DEQ 

21-1992, {. & cert, ef 8-11-92; DEQ 4-1994, f & cert, ef 3-14-94; DEQ 19-1998, 

f & cert, ef 10-12-98; DEQ 4-2005, f 5-13-05,cert, ef 6-1-05 

340-012-0045 

Civil Penalty Determination Procedure 

Except as provided in OAR 340-012-0038(3), in addition to any 

other hability, duty, or other penalty provided by law, tae department 

may assess a civil penalty for any violation. Except for civil penalties 

assessed under 340-012-0155(2), the department determines the 

amount ofthe civil penalty using the following procedures: 

(1) The classification of each violation is detemiined by consulting OAR 340-012-0053 to 340-012-0097; 

(2) The magnitade of the violation is detemiined as follows: 

(a) The selected magnitude categories in OAR 340-012-0135 are 

used. 

(b) If a selected magnitade is not specified in OAR 340-012-

0135, or if information is not reasonably available to determine which 

selected magnitude applies, 340-012-0130 is used to determine the 

magnitade ofthe violation. 

(c) The appropriate base penalty (BP) for each violation is determined by applying the classification etnd magnitade of each violation 

to the matrices in OAR 340-012-0140. 

(d) The base penalty is adjusted by the application of aggravating or mitigating factors (P = prior significant actions, H = history in 

conecting prior significant actions, O = repeated or ongoing violation, 

M = mental state ofthe violator and C = efforts to correct) as set forth 

in OAR 340-012-0145. 

(e) The appropriate economic benefit (EB) is detemiined as set 

fortfi in OAR 340-012-0150.(2) The results of die determkiations made 

in section (1) are applied in the foUowing formula to calculate tae 

penalty: BP -i- [(0.1 x BP) x (P -I- H -I- O -i- M -I- C)] + EB. 

(3) In addition to the factors listed in section (1) of this mle, the 

director may consider any other relevant rale of the commission ui 

assessing a civil penalty and will state the effect that rale had on the 

penalty amount. 

Stat. Auth.: ORS 468.020 

Stats. Implemented; ORS 454.635,454.645,459.376,459.995,465.900,466.210, 

466.880-895,468.090-140,468.992,468A.990,468B.025,468B.220&468B.450 

Hist.: DEQ 78,f 9-6-74,ef 9-25-74; DEQ 22-1984, f & ef 11-8-84; DEQ 22-1988, 

f. & cert. ef. 9-14-88; DEQ 4-1989, f. & cert, ef 3-14-89; DEQ 15-1990, f. & cert, 

ef 3-30-90; DEQ 21-1992, f & cert, ef 8-11-92; DEQ 4-1994, f. & cert, ef 3-14-

94; DEQ 19-1998, f. & cert, ef 10-12-! 

4-2005, f 5-13-05, cert, ef 6-1 -05 

; DEQ 1-2003, {. & cert, ef 1-31-03; DEQ 

340-012-0053 

Violations that Apply to all Programs 

(1) Class I: 

(a) Violating a requkement or condition of a conimission or 

department order, consent order, agreement, consent judgment (formerly called judicial consent decree) or compliance schedule conteiined in a pemiit; 

(b) Submitting false, inaccurate or incomplete information to the 

department where the submittal masked a violation, caused environmental harm, or caused tae department to misinterpret any substantive 

fact; 

(c) FaiUng to provide access to premises or records as requked 

by statate, pennit, order, consent order, agreement or consent judgment 

(formerly caUed judicial consent decree); or 

(d) Using fraud or decek to obtain department approval, pemiit 

or license. 

(2) Class II: Violating any otherwise unclassified requirement. 

Stat. Auth.: ORS 468.020 & 468.130 

Stats. Implemented: ORS 459.376,459.995,465.900,465.992,466.990-466.994, 

468.090 - 468.140 & 468B.450 

Hist.:DEQ4-2005,f 5-13-05,cert.ef. 6-1-05; DEQ 4-2006, f 3-29-06, cert.ef 3-

31-06 

340-012-0054 

Air Quality Classification of Violations 

(1)ClassL 

(a) Constracting a new source or modifying an existing source 

without fkst obtaining a requked New Source Review/Prevention of 

Significant Deterioration (NSR/PSD) permk; 

(b) Operating a major source, as defined ui OAR 340-200-0020, 

without first obtaining the required permit; 

(c) Exceeding a Plant Site Emission Limit (PSEL); 

(d) Failing to install control equipment or meet performance standards as requked by New Source Periformance Standards under OAR 

340 division 238 or National Emission Standards for Hazardous Ak 

Pollutant Standards under OAR 340 division 244; 

(e) Exceeding a hazardous ak pollutant emission limitation; 

(f) Failing to comply with an Emergency Action Plan; 

(g) Exceeding an opacity or emission Umit (including a grain 

loading standard) or violatkig an operational or process standard, that 

was estabhshed pursuant to New Source Review/Prevention of Sigmficant Deterioration (NSR/PSD), or the Westem Backstop S02 Trading Program; 

(h) Exceeding an emission limit or violating an operational or 

process standard taat was established to Umit emissions to avoid classification as a major source, as defined in OAR 340-200-0020; 

(i) Exceeding an emission limit, including a grain loading standard, by a major source, as defined in OAR 340-200-0020, when the 

violation was detected during a reference metaod stack test; 

(j) Fmling to perform testing or monitoring, requked by a permit, 

rale or order, taat results in failure to show compUance with a Plant 

Site Emission Limit (PSEL) or with an emission Umitation or a performance standard set pursuant to New Source Review/Prevention of 

Significant Deterioration (NSR/PSD), National Emission Standards 

for Hazardous Air Pollutants (NESHAP), New Source Performance 

Standards (NSPS), Reasonable Achievable Control Technology 

(RACT), Best Achievable Control Technology (BACT), Maximum 

Achievable Conttol Technology (MACT), Typically Achievable Control Technology (TACT), Lowest Achievable Emissions Rates 

(LAER) or adopted pursuant to section 111(d) ofthe Federal Clean Ak 

Act; 

(k) Causing emissions that are a hazard to public safety; 

(1) Violating a work practice requkement for asbestos abatement 

projects; 

(m) Storing or accumulating friable asbestos material or 

asbestos-containing waste material; 

(n) Conducting an asbestos abatement project, by a person not 

licensed as an asbestos abatement contractor; 

(o) Violating an OAR 340 division 248 disposal requirement for 

asbestos-containing waste material; 

(p) Failing to hke a Ucensed contractor to conduct an asbestos 

abatement project; 

2010 Edition 

Oregon Administrative Rules Compilation 

6-279 (11-13-09) 
Chapter 340 Department of Environmental Quality 

(q) Openly buming materials which are prohibited from being 

open burned anywhere in the state by OAR 340-264-0060(3); or 

(r) FaiUng to install certified vapor recovery equipment. 

(s) Delivering for sale a noncompUant vehicle by an automobile 

manufacturer in violation of Oregon Low Emission Vehicle mles set 

forth in OAR 340 division 257. 

(t) Exceeding an Oregon Low Emission Vehicle average emission 

Iknit set fortii in OAR 340 division 257. 

(u) Failing to comply wita Zero Emission Vehicle (ZEV) sales 

requkements set forth in OAR 340 division 257. 

(v) Failing to obtain a Motor Vehicle Indkect Source Pennit as 

requked in OAR 340 division 257. 

(w) SelUng, leasing, or renting a noncompUant vehicle by an 

automobile dealer or rental car agency in violation of Oregon Low 

Emission Vehicle rales set forth in OAR 340 division 257. 

(2) Class H: 

(a) Constracting or operating a source required to have an Air 

Contaminant Discharge Permit (ACDP) without fkst obtaining such 

permit, unless otaerwise classified; 

(b) Violating tae terms or conditions of a pemiit or Ucense, unless 

otherwise classified; 

(c) Modifying a source in such a way as to requke a permit modification from the department without fkst obtaining such approval 

from tae department, unless otherwise classified; 

(d) Exceeding an opacity limit, unless otherwise classified; 

(e) Exceeding a Volatile Organic Compound (VOC) emission 

standard, operational requkement, control requirement or VOC content limitation estabUshed by OAR 340 division 232; 

(f) FaiUng to timely submit an ACDP annual report; 

(g) Failing to tknely submit a certification, report, or plan as 

required by rale or permit, unless otherwise classified; 

(h) Failing to timely submit a permit application or permit renewal appUcation; 

(i) Failing to comply with the open buming requirements for 

commercial, constmction, demoUtion, or industrial wastes in violation 

of OAR 340-264-0080 through 0180; 

(j) Failing to comply with open buming requkements in violation of any provision of OAR 340 division 264, unless otherwise classified; 

(k) Failing to replace, repak, or modify any wom or ineffective 

component or design element to ensure the vapor tight integrity and 

efficiency of a stage I or stage II vapor collection system; 

(1) Failing to provide notification of an asbestos abatement project; 

(m) Failing to perform a final £ik clearance test or submit an 

asbestos abatement project ak clearance report for an asbestos abatement project; or 

(n) Violating on road motor vehicle refinishing mles contained 

in OAR 340-242-0620. 

(o) Failing to comply wita an Oregon Low Emission Vehicle 

reporting, notification, or warranty requkement set forth in OAR division 257. 

(3) Class ni : 

(a) Failing to perform testing or monitoring required by a permit, 

rale or order where missing data can be reconstmcted to show compliance with standards, emission liniitations or underlying requirements; 

(b) Constracting or operating a source requked to have a Basic 

Ak Contaminant Discharge Permit without fkst obtaining the permit; 

(c) Modffying a source in such a way as to require constmction 

approval from the department without fkst obt£uning such approval 

from the depairtment, unless otherwise classified; 

(d) Failing to provide proper notification of an asbestos abatement project or failing to revise a notification when necessary, unless 

otherwise classified; 

(e) Submitting a late ak clearance report that demonstrates compUance wita the standards for an asbestos abatement project; or 

(f) Failing to display a temporary label on a certified woodstove. 

(g) Licensing a noncompUant vehicle by an automobile dealer or 

rental car agency in violation of Oregon Low Emission Vehicle mles 

set forta in OAR 340 division 257. 

[Publications: Publications referenced are available from the agency.] 

Stat. Auth.: ORS 468.020,468A.025 & 468A.045 

Stats. Implemented: ORS 468.020 & 468A.025 

Hist.: DEQ 78, f 9-6-74, ef. 9-25-74; DEQ 5-1980,f & ef 1-28-80; DEQ 22-1984, 

f & ef 11-8-84; DEQ 22-1988, f & cert. ef. 9-14-88; DEQ 4-1989, f & cert, ef 3-

14-89; DEQ 15-1990, f & cert, ef 3-30-90; DEQ 31-1990, f & cert, ef 8-15-90; 

DEQ 2-1992, f & cert, ef 1-30-92; DEQ 21-1992, f. & cert, ef 8-11-92; DEQ 19-

1993, f. & cert, ef 11-4-93; DEQ 20-1993(Temp), f. & cert, ef 11-4-93; DEQ 4-

1994, f & cert, ef 3-14-94; DEQ 13-1994, f & cert, ef 5-19-94; DEQ 21-1994, f. 

& cert, ef 10-14-94; DEQ 22-1996,f & cert.ef 10-22-96; DEQ 19-1998,f & cert. 

ef 10-12-98; DEQ 6-2001,f 6-18-01,cert.ef 7-1-01; Renumbered from 340-012-

0050, DEQ 4-2005, f 5-13-05,cert. ef 6-1-05; DEQ 4-2006, f. 3-29-06, cert. ef. 3-

31-06; DEQ 6-2006, f & cert, ef 6-29-06 

340-012-0055 

Water Quality Classification of Violations 

(1) Class I: 

(a) Causing pollution of waters of the state; 

(b) Reducing the water quaUty of waters of the state below water 

quality standards; 

(c) Discharging any waste that enters waters of the state, either 

witaout a waste discharge permit or from a discharge point not authorized by a waste discharge pemiit; 

(d) Operating a discharge source or conducting a disposal activity without first obtaining an individual permit or applying for coverage under a general permit for that discharge or disposal activity; 

(e) Failing to comply with statute, rale, or permit requirements 

regarding notification of a spUl or upset condition, which results in a 

non-permitted discharge to public waters; 

(f) Failing to take appropriate action, as requked by the municipal wastewater treatment works owner's department-approved pretreatment-complieuice oversight program, against an industrial discharger to the municipal treatment works who violates any 

pretreatment standard or requkement, tf the violation impaks or damages tae treatment works, or causes major harm or poses a major risk 

of harm to pubhc healta or tae environment; 

(g) Making unauthorized changes, modifications, or alterations 

to a faciUty operating under a Water PoUution Control FaciUty (WPCF) 

or National Pollutant Discharge Elimination System (NPDES) permit; 

(h) Allowing operation or supervision of a wastewater treatment 

and collection system without proper certification, by the permittee 

and/or owner; 

(i) Applykig biosolids or domestic septage to a parcel of land that 

does not have department approval for land appUcation; 

(j) Applying biosolids that do not meet tae pollutant, pathogen 

or one of the vector ataaction reduction requkements of 40 CFR 

503.33(b)(1) through (10); 

(k) Violating a technology based effluent Umitation, except for 

removal efficiency, in an NPDES or WPCF pemiit if: 

(A) tae discharge level (except for pH and bacteria) exceeds the 

limitation by 50 percent or more; 

(B) the discharge is outside tae permitted pH range by more than 

2 pH units; 

(C) the discharge exceeds a bacteria limit as a result of an inoperative disinfection system where there is no disinfection; or 

(D) tae discharge of reclaimed water exceeds a bacteria limit by 

more than five times the limit. 

(1) Violating a water quality based effluent limitation in an 

NPDES pemiit; 

(m) Violating a WPCF permit limitation in a designated groundwater management area if tae exceedance is of a parameter for which 

the groundwater management area was estabUshed; 

(n) Failing to report an effluent Umitation exceedance; 

(o) Failing to collect monitoring data required in Schedule B of 

the permit; 

(p) Contracting for operation or operating a prohibited Underground Injection Control (UIC) system otaer than a cesspool that only 

disposes of human waste; 

(q) Operating an Underground Injection Control (UIC) system 

that causes a data verifiable violation of federal drinking water standards in an aquifer used as an underground source of drinking water; 

or 

(r) Failing to implement an erosion and sediment control plan in 

accordance with an NPDES pemiit. 

(2) Class II: 

(a) Violating a technology based effluent limitation, except for 

removal efficiency, in an NPDES or WPCF pemiit if: 

(A) The discharge level (except for pH and bacteria) exceeds the 

limitation by 20 percent or more, but less taan 50 percent, for bio2010 Edition 

Oregon Administrative Rules Compilation 

6-280 (11-13-09) 
Chapter 340 Department of Environmental Quality 

chemical oxygen demand (BOD), carbonaceous chemical oxygen 

demand (CBOD), and total suspended soUds (TTS), or by 10 percent 

or more, but less than 50 percent, for all other liniitations; 

(B) The discharge is outside the permitted pH range by more than 

1 pH unit but less taan or equal to 2 pH units; 

(C) The discharge exceeds a bacteria Umit by a factor of five or 

more, unless otherwise classified; or 

(D) The discharge of reclaimed water exceeds a bacteria Umit by 

an amount equal to or less than five times the limit. 

(b) FaiUng to timely submit a report or plan as requked by rale, 

pemiit, or Ucense, unless otherwise classified; 

(c) Causing any wastes to be placed in a location where such 

wastes are likely to be carried into waters of the state by any means; 

(d) Violating any management, monitoring, or operational plan 

established pursuant to a waste discharge permit, unless otherwise 

classified; or 

(e) Failing to timely submit or implement a Total Maximum 

Daily Load (TMDL) Implementation Plan, by a Designated Management Agency (DMA), as requked by department order. 

(3) Class ni : 

(a) FaiUng to submit a complete discharge monitoring report; 

(b) Violating a technology based effluent limitation, except for 

removal efficiency, in an NPDES or WPCF permit if: 

(A) the discharge (except for pH and bacteria) exceeds the Umitation by less than 20 percent for biochemical oxygen demand (BOD), 

carbonaceous chemical oxygen demand (CBOD), and total suspended solids (TSS), or by less than 10 percent for all other Umitations; 

(B) the discharge is outside the permitted pH range by 1 pH unit 

or less; or 

(C) the discharge (except for reclaimed water) exceeds a bacteria limit by less taan five times the limit. 

(c) FaiUng to achieve a removal efficiency estabhshed in an 

NPDES or WPCF permit; 

(d) Failing to register an Underground Injection Control (UIC) 

system, except for a UIC system prohibited by rale; or 

(e) Failing to follow the owner's department-approved pretreatment program procedures, where such faUiu-e did not result in any 

harm to the treatment works and was not a threat to the public health 

or the envkonment. 

suit. Auth.: ORS 468.020 & 468B.015 

Stets. Implemented: ORS 468.090 - 468.140,468B.025,468B.220 & 468B.305 

Hist.: DEQ 78, f 9-6-74, ef 9-25-74; DEQ 22-1984, f & ef 11-8-84; DEQ 17-1986, 

f & ef 9-18-86; DEQ 22-1988, f & cert, ef 9-14-88; DEQ 4-1989, f. & cert ef 3-

14-89; DEQ 15-1990, f & cert, ef 3-30-90; DEQ 21-1992, f & cert, ef 8-11-92; 

DEQ 19-1998,f&cert.ef 10-12-98; DEQ 4-2005,f. 5-13.05,cert.ef 6-1-05; DEQ 

4-2006, f. 3-29-06, cert, ef 3-31-06 

340-012-0060 

Onsite Sewage Disposal Classification of Violations 

(1) Class I: 

(a) Performing sewage disposal services without a current 

license; 

(b) InstalUng or causing to be instaUed an onsite wastewater treatment system or any part thereof, or repairing or causing to be repaked 

any part thereof, without fust obtaining a permit; 

(c) Disposing of septic tank, holding tank, chemical toilet, privy 

or other treatment facility contents in a manner or location not authorized by the department; or 

(d) Owning, operating or using an onsite wastewater treatment 

system that is discharging sewage or effluent to the ground surface or 

into waters of the state. 

(2) Class H: 

(a) Failing to meet the requkements for satisfactory completion 

within 30 days after written notification or posting of a Correction 

Notice at the site; 

(b) Operating or using a nonwater-carried waste disposal facility without first obtaining a letter of authorization or permit; 

(c) Operating or using an onsite wastewater treatment system or 

part thereof without first obtaining a Certificate of Satisfactory Completion; 

(d) Advertising or representing oneself as being in the business 

of performing sewage disposal services without a current license; 

(e) Placing into service, reconnecting to or changing the use of 

an onsite wastewater treatment system in a manner that increases tae 

projected daily sewage flow into the system without first obtaining an 

authorization notice, constmction pemiit, alteration permit, or repak 

permit; 

(f) Failing to connect all plumbing fixtores to, or failing to discharge wastewater or sewage into, a department-approved system, 

unless failure results in sewage discharging to the ground surface or 

to waters ofthe state; 

(g) Allowing, by a licensed sewage disposal business, an uncertified installer to, supervise or be responsible for the constmction or 

installation of a system or part thereof; 

(h) Failing to submit an annual maintenance report, by a service 

provider of altemative treatment technologies; or 

(i) FaiUng to report that a required operation and maintenance 

contract has been terminated, by a service provider of altemative keatment technologies. 

(3) Class in : 

(a) FaiUng to obtain an operation and maintenance contract from 

a certified service provider, by an owner of an altemative treatment 

technology, recirculating gravel filter or commercial sand filter; or 

(b) Placing an existing onsite wastewater treatment system into 

service or changing tae dwelUng or type of commercial facility, without first obtaining an authorization notice, where the design flow of 

the system is not exceeded. 

Slat. Auth.: ORS 454.050,454.625 & 468.020 

Stats. Implemented: ORS 454.635,454.645 & 468.090 - 468.140 

Hist.: DEQ 78, f. 9-6-74, ef 9-25-74; DEQ 4-1981, f & ef 2-6-81; DEQ 22-1984, 

f & ef 11-8-84; DEQ 22-1988, (. & cert, ef 9-14-88; DEQ 4-1989, f & cert, ef 3-

14-89; DEQ 15-1990, f & cert, ef 3-30-90; DEQ 21-1992, f & cert, ef 8-11-92; 

DEQ 19-1998,f&cert.ef 10-12-98;DEQ3-2005,f 2-10-05,cert.ef 3-1-05; DEQ 

4-2006, f 3-29-06, cert. ef. 3-31 -06 

340-012-0065 

Solid Waste Management Classification of Violations 

(1) Class I: 

(a) Establishing or operating a disposal site without first obtaining a registration or pemiit; 

(b) Accepting solid waste for disposal in a permitted solid waste 

unit or faciUty that has been expanded in area or capacity without first 

submitting plans to the department and obtaining department 

approval; 

(c) Disposing of or authorizing tae disposal of a sohd waste at a 

location not permitted by the department to receive that solid waste; 

(d) Violating a lagoon freeboard Umit that results in the overflow 

of a sewage sludge or leachate lagoon; 

(e) Accepting for treatment, storage, or disposal at a solid waste 

disposal site, without approval from the department, waste defined as 

hazardous waste, waste from another state which is hazeu-dous under 

the laws of that state, or wastes prohibited from disposal by statate, 

rale, permk, or order; 

(f) Faihng to properly constract, maintain, or operate in good 

functional condition, groundwater, surface water, gas or leachate collection, contaimnent, treatment, disposal or monitoring facilities in 

accordance with the facility permit, department approved plans, or 

department rales; 

(g) Failing to collect, analyze or report groundwater, surface 

water or leachate quality data in accordance with the facUity pemiit, 

the facility environmental monitoring plan, or department rales; 

(h) Mixing for disposal or disposing of recyclable material that 

has been properly prepared and source separated for recycling; 

(i) FaiUng to establish or maintain financial assurance as required 

by statute, mle, permit or order; 

(j) Fading to comply with the terms of a permit terminated due 

to a failure to submit a timely appUcation for renewal; or 

(k) Operating a composting faciUty in a manner that causes a discharge to surface water of pollutants, leachate or stormwater when that 

discharge is not authorized by a NPDES permit. 

(2) Class H: 

(a) Failing to accurately report the amount of solid waste disposed, by a permitted disposal site or a metropolitan service district; 

(b) FaiUng to timely or accurately report the weight and type of 

material recovered or processed from the solid waste stream; 

(c) Failing to comply with landfill cover requkements, including 

but not limited to daily, intermediate, and final covers, or limitation of 

working face size; 

(d) Operating a Household Hazardous Waste (HHW) collection 

event or temporary site without first obtaining department approval or 

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6-281 (11-13-09) 
Chapter 340 Department of Environmental Quality 

witaout complying with an approved plan for a HHW collection event; 

or 

(e) Receiving or managing waste in violation of or witaout a 

department approved Special Waste Management Plan; or 

(f) Unless otherwise specifically classified, operating a composting faciUty in a manner that fails to comply with tae faciUty's registration, pemiit, department-approved plans or department mles. 

(3) Class ni: 

(a) FaiUng to post requked signs; 

(b) FaiUng to control Utter; 

(c) FaiUng to notify the department of any name or address 

change; or 

(d) Violating any labeUng requkement under ORS 459A.675-

685. 

Stat. Auth.: ORS 459.045 & 468.020 

Stats. Implemented: ORS 459.205,459.376,459.995 & 468.090 - 468.140 

Hist.: DEQ 78, f 9-6-74, ef 9-25-74; DEQ 1-1982, f & ef 1-28-82; DEQ 22-1984, 

f & ef 11-8-84; DEQ 22-1988,f. & cert, ef 9-14-88; DEQ 4-1989, f. & cert, ef 3-

14-89; DEQ 15-1990, f. & cert, ef 3-30-90; DEQ 21-1992, f. & cert, ef 8-11-92; 

DEQ 4-1994, f. & cert, ef 3-14-94; DEQ 26-1994, f & cert, ef 11-2-94; DEQ 9-

1996,f.&cert.ef 7-10-96; DEQ 19-1998,f.& cert.ef 10-12-98; DEQ 6-2001,f 

6-18-01, cert, ef 7-1-01; DEQ 4-2005,f. 5-13-05, cert, ef 6-1-05; DEQ 4-2006, f 

3-29-06, cert, ef 3-31-06; DEQ 6-2009, f & cert, ef 9-14-09 

340-012-0066 

Solid Waste Tire Management Classification of Violations 

(1) Class I: 

(a) Establishing or operating a waste tire storage site without first 

obtaining a pemiit; 

(b) Disposing of waste tires or tke-derived products at an unauthorized site; 

(c) Violating tae fire safety requkements of a waste tke storage 

site permit; 

(d) HauUng waste tires witaout fkst obtaining a waste tke carrier permit; or 

(e) Failing to estabUsh and maintain financial assurance as 

requked by statute, rale, pemiit or order. 

(2) Class n : FaiUng to maintain written records of waste tire generation, storage, collection, transportation, or disposal. 

(3) Class HI: 

(a) FaiUng to keep requked records on use of vehicles; 

(b) Faihng to post required signs; 

(c) Hiring or otaerwise using an unpermitted waste tke carrier to 

transport waste tires; or 

(d) Hauling waste tires in a vehicle not identified in a waste tke 

carrier pemiit or failing to display required decals as described in a permittee's waste tke carrier permit. 

Stat. Auth.: ORS 459.785 & 468.020 

Stats. Implemented: ORS 459.705 - 459.790,459.992 & 468.090 - 468.140 

Hist.: DEQ 4-1989,f & cert, ef 3-14-89; DEQ 15-1990, f & cert, ef 3-30-90; DEQ 

21-1992, f & cert, ef 8-11-92; DEQ 19-1998, f & cert, ef 10-12-98; DEQ 4-2005, 

f. 5-13-05, cert, ef 6-1-05; DEQ 4-2006, t. 3-29-06, cert, ef 3-31-06 

340-012-0067 

Underground Storage Tank (UST) Classification of Violations 

(1) Class I: 

(a) Failing to investigate or confirm a suspected release; 

(b) Failing to estabUsh or maintain the requked financial responsibility mechanism; 

(c) Failing to obtain tae appropriate general pemiit registration 

certificate before instalUng or operating an UST; 

(d) Failing to install spdl and overfiU protection equipment that 

will prevent a release, or failing to demonstrate to the department that 

the equipment is properly functioning; 

(e) Failing to install, operate or maintain a metaod or combination of methods for release detection such that the method can detect 

a release from any portion of the UST system; 

(f) FaiUng to protect from conosion any part of an UST system 

that routinely contains a regulated substance; 

(g) FaiUng to permanently decommission an UST system; 

(h) Failing to obtain approval from the department before 

instaUing or operating vapor or groundwater monitoring weUs as part 

of a release detection method; 

(i) InstalUng, repaking, replacing or modifying an UST system 

in violation of any mle adopted by tae department; 

Oregon Administrative 

(j) Failing to conduct testing or monitoring, or to keep records 

where the failure constitates a significant operational compUance violation; 

(k) Providing, offering or supervising tank services without the 

appropriate license; 

(1) Demonstratmg negUgence or incompetence in performing tank 

services; or 

(m) Failing to assess the excavation zone of a decommissioned 

or abandoned UST when dkected to do so by the department. 

(2) Class II: 

(a) Continuing to use a method or methods of release detection 

after period allowed by rale has expked; 

(b) Faihng to have a trained UST system operator for an UST 

facility after March 1,2004; 

(c) Failing to apply for a modified general permit registration certificate; 

(d) Failing to have an operation certificate for each compartment 

of a multi-chambered or multi-compartment UST when at least one 

compartment or chamber has an operation certificate; 

(e) Installing, repaking, replacing or modifying an UST or UST 

equipment without providing the requked notifications; 

(f) Failing to decommission an UST in compliance with the 

statates and rales adopted by the department, including, but not limited to, performance standards, procedures, notification, general permit registration and site assessment requirements; 

(g) Providing tank services at an UST facility that does not have 

the appropriate general permit registration certificate; 

(h) Failing to obtain the identification number and operation certificate number before depositing a regulated substance into an UST, 

by a distributor; 

(i) FaiUng, by a distributor, to maintain a record of all USTs into 

which it deposited a regulated substance; 

(j) Allowing tank services to be performed by a person not 

licensed by the department; 

(k) Failing to submit checklists or reports for UST installation, 

modification or suspected reletise confirmation activities; 

(1) FaiUng to complete an integrity assessment before adding corrosion protection; 

(m) Failing by an owner or permittee to pass the appropriate 

national examination before performing tank services; or 

(n) FaiUng to provide tae identification number or operation certificate number to persons depositing a regulated substance into an 

UST. 

(3) Class IH: Failing to notify the new owner or permittee of tae 

department's general permit registration requirements, by a person 

who seUs an UST. 

Stat. Auth.: ORS 466.720,466.746,466.882,466.994 & 468.020 

Stats. Implemented: ORS 466.706 - 466.835,466.994 & 468.090 - 468.140 

Hist.: DEQ 2-1988, f 1-27-88, cert, ef 2-1-88; DEQ 22-1988, f & cert, ef 9-14-

88; DEQ 4-1989, f. & cert, ef 3-14-89; DEQ 15-1990, f & cert, ef 3-30-90; DEQ 

15-1991, f & cert, ef 8-14-91; DEQ 21-1992, t. & cert.ef 8-11-92; DEQ 4-1994, 

f. & cert, ef 3-14-94; DEQ 19-1998, f & cert, ef 10-12-98; DEQ 6-2003, f & cert, 

ef 2-14-03; DEQ 4-2005, f. 5-13-05, cert. ef. 6-1-05; DEQ 4-2006, f. 3-29-06, cert, 

ef 3-31-06 

340-012-0068 

Hazardous Waste Management and Disposal Classification of 

Violations 

(1) Class L 

(a) Failing to make a complete and accurate hazardous waste 

determination of a residue as requked by OAR 340-102-0011; 

(b) Failing to meet Land Disposal Restriction (LDR) requkements when disposing of hazardous waste; 

(c) Operating a hazardous waste treatment, storage or disposed 

facility (TSD) witaout first obtaining a pemiit or without having interim status; 

(d) Treating, storing or accumulating hazardous waste in a hazardous waste management unit, as defined in 40 CFR 260.10, that does 

not meet the unit design or unit integrity assessment criteria for the 

hazardous waste management unit; 

(e) Accepting, transporting or offering for transport hazardous 

waste without a uniform hazardous waste manifest; 

(f) Transporting, delivering or designating on a manifest deUvery of hazardous waste to a facihty not authorized or permitted to manage hazardous waste; or failing to submit an exception report; 

Rules Compilation 

2010 Edition 6-282 (11-13-09) 
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(g) Failing to comply with management requkements for 

ignitable, reactive, or incompatible hazardous waste; 

(h) Illegally treating or disposing of a hazardous waste; 

(i) Failing to submit Land Disposal Restriction notifications; 

(j) Failing to have and maintam a closure plan or post closure plan 

for a Treatment, Storage or Disposal (TSD) faciUty or for each regulated hazardous waste management unit, as defined in 40 CFR 260.10, 

by the owner or operator of facility or unit; 

(k) Failmg to carry out closure or post closure plan requkements, 

by an owner or operator of a TSD facility, such that the certification 

for completing closure or post closure work is not submitted, or is 

incomplete, inaccurate, or non-compUant with the approved plans; 

(1) Failing to establish or maintain financial assurance or hazard 

liabiUty requirements ki 40 CFR 264.147 or 40 CFR 265.147, by an 

owner or operator of a TSD facility; 

(m) FaiUng to follow emergency procedures in a Contingency 

Plan or other emergency response requirements during an incident in 

which a hazardous waste or hazardous weiste constituent is released to 

the envkonment or the incident presents a risk of harm to employees, 

emergency responders or the public; 

(n) Failing to comply with the export requirements in 40 CFR 

262.52 for hazardous wastes; 

(0) Failing to properly instaU a groundwater monitoring system 

in compliance with permit requkements, by an owner or operator of 

a TSD facility; 

(p) Failing to properly control volatile organic hazardous waste 

emissions, by a large-quantity hazardous waste generator or TSD facility, when such failure could result in harm to employees, the public or 

the environment; 

(q) Faihng to inspect, operate, monitor, keep records or maintain 

in compliance with a pemiit: hazardous waste landfill units, incineration equipment. Subpart X treatmenf equipment, hazardous waste 

treatment units, pollution abatement equipment for hazardous waste 

treatment or disposal, or hazardous waste monitoring equipment; or 

(r) Faihng to immediately clean up spills or releases or threatened 

SpiUs or releases of hazardous waste, by any person having ownership 

or conttol over hazardous waste. 

(2) Class n : 

(a) Failing to place an accumulation start date on a container used 

for accumulation or storage of hazardous waste; 

(b) Failing to label a tank having a capacity of 100 gallons or 

more, or containers equaling more than 110 gaUon capacity used for 

accumulation or storage of hazardous waste; 

(c) FaiUng to post requked emergency response information next 

to the telephone, by a small quantity generator; 

(d) Accumulating hazardous waste more than thirty (30) days 

beyond the specified accumulation time frame; 

(e) Failing to submit a manifest discrepancy report; 

(f) Shipping hazardous waste on manifests that do not comply 

with department rales; 

(g) Failing to prevent the unknown or unautaorized entry of a person or livestock into the waste management area of a treatment, storage or disposal faciUty; 

(h) FaiUng to conduct requked inspections at hazardous waste 

generator accumulation sites or hazardous waste permitted storage 

areas; 

(i) Failing to prepare a contingency plan; 

(j) Failing to follow tae requkements of a groundwater monitoring program, unless otherwise classified; 

(k) Failing to maintain adequate aisle space to allow tae unobstracted movement of personnel, fire protection equipment, spill control equipment, and decontamination; 

(1) Generating, treating, storing or disposing of hazardous waste 

without complying with the Personnel Training requirements; 

(m) Failing to keep containers of haz£irdous waste closed, except 

when adding or removing wastes; 

(n) Failing to comply with the requirements for management of 

containers, including satellite accumulation, other than tae requirements for ignitable, reactive or incompatible waste, by a hazardous 

waste generator or storage facility; 

(o) Failing to comply with the preparedness, prevention, contingency plan or emergency procedure requirements, unless otherwise 

classified; 

(p) Failing to manage universal waste and waste pesticide residue 

in compliance with the universal waste management requirements or 

waste pesticide requkements; 

(q) Failing to obtain a hazardous waste EPA identification number when required; 

(r) Failing to comply with 40 CFR 264 or 265 Subparts J, W or 

DD standards, other than unit design or unit integrity assessment; 

(s) Failing to comply with 40 CFR 264 or 265 Subparts AA, BB 

or CC standards for hazardous waste generator and TSD faciUties, 

unless otherwise classified; or 

(t) FaiUng to timely submit an annual report, by a hazardous 

waste generator, TSD facility, or hazardous waste recycling facihty. 

(3) Class IH: 

(a) Accumulating hazardous waste up to thirty (30) days beyond 

the specified accumulation time frame; 

(b) FaiUng to label contakiers equaUng 110 gallon capacity or less 

used for the accumulation or storage of hazardous waste; 

(c) Failmg to label a tank having less than 100 gallon capacity 

used for the accumulation or storage of hazardous waste; 

(d) Failing to maintain on site a copy of the one-time notification 

regarding hazardous waste that meets treatment standards by a hazardous waste generator; or 

(e) FaiUng to submit a contingency plan to all poUce, fu-e, hospiteil and local emergency responders. 

[Publications; Publications referenced are available from the agency.] 

Stat. Auth.: ORS 459.995,466.070 - 466.080,466.625 & 468.020 

Stats. Implemented: ORS 466.635 - 466.680, 466.990 - 466.994 & 468.090 -

468.140 

Hist.: DEQ 1-1982, f. & ef. 1-28-82; DEQ 22-1984, f. & ef. 11-8-84; DEQ 9-1986, 

f & ef 5-1-86; DEQ 17-1986, f & ef 9-18-86; DEQ 22-1988, f & cert, ef 9-14-

88; DEQ 4-1989, i. & cert, ef 3-14-89; DEQ 15-1990, f. & cert, ef 3-30-90; DEQ 

21-1992,f&cert.ef 8-11-92; DEQ 19-1998,f&cert.ef 10-12-98; DEQ 6-2001, 

f 6-18-01,cert.ef 7-l-01;DEQ 13-2002, f&cert.ef. 10-9^)2; DEQ 4-2005, f. 5-

13-05, cert, ef 6-1-05; DEQ 4-2006, f 3-29-06,cert, ef 3-31-06 

340-012-0071 

Polychlorinated Biphenyl (PCB) Classification of Violations 

(1) Class I: 

(a) Treating, storing or disposing of PCBs anywhere otaer than 

a permitted PCB disposal faciUty or a location authorized by the 

department; or 

(b) Establishing, constracting or operating a PCB disposal facility without first obtaining a permit or department authorization. 

(2) Class n : Violating any otaer requkement related to the treatment, storage, generation or disposal of PCBs is classified under OAR 

340-012-0053. 

Stat. Auth.: ORS 459.995,466.625,467.030,468.020 & 468.996 

Stats. Implemented: ORS 466.255,466.265 - 466.270,466.530 & 466.990 - 466.994 

Hist.: DEQ 22-1988, f & cert, ef 9-14-88; DEQ 4-1989,f & cert, ef 3-14-89; DEQ 

15-1990, f & cert, ef 3-30-90; DEQ 21-1992,f & cert, ef 8-11-92; DEQ 19-1998, 

f.&cert.ef 10-12-98; DEQ 6-2001, f. 6-18-01,cert.ef. 7-1-01; DEQ 4-2005, f 5-

13-05, cert, ef 6-1-05; DEQ 4-2006, f 3-29-06, cert, ef 3-31-06 

340-012-0072 

Used Oil Management Classification of Violations 

(1) Class I: 

(a) Using used oil as a dust suppressant, pesticide, or otherwise 

spreading used oil dkectly in the envkonment; 

(b) Buming a used oU mixture where the used oil mixture has less 

than 5,000 Btu/pound; 

(c) Offering for sale used oil as specification used oil fuel when 

the used oil does not meet used oU fuel specifications; 

(d) Selhng off-specification used oil fuel to a facility not meeting the definition of an industrial boiler or furnace; 

(e) Buming off-specification used oil in a device that does not 

meet the definition of an industrial boiler or fumace and is not otherwise exempt; 

(f) Failing to make an on-specification used oil fuel determination when requked, by a used oU generator, transporter, bumer or processor; 

(g) Storing or managing used oil in a surface impoundment; 

(h) Faihng to determine whether used oil exceeds the permissible halogen content, by a used oil transporter, bumer or processor; 

(i) FaiUng to perform required closure on a used oil tank or 

container, by a used oil processor or re-refiner; 

2010 Edition 

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Chapter 340 Department of Environmental Quality 

(j) Failing to maintain requked secondary containment at a used 

oil transfer facility or by a processor, bumer, or marketer of used oil; 

or 

(k) Failing to immediately clean up spills or releases or threatened spills or releases of used oil, by any person having ownership or 

control over the used oil. 

(2) Class n : 

(a) Failing to obtain a one time written notification from a bumer before shipping off-specification used oil fuel, by a used oil generator, transporter, processor or re-refiner; 

(b) Failing to develop, foUow and maintain records of a written 

waste analysis plan, by a used oil processor; 

(c) FaiUng to close or cover a used oil tank or container; 

(d) Failing to timely submit annual used oil handling reports, by 

a used oil processor; 

(e) Failing to label each container or tank used for the accumulation or storage of used oil on site, unless otherwise classified; 

(f) FaiUng to keep a written operating record at the facility, by 

used oU processor; 

(g) Failing to prepare and maintain an up-to-date preparedness 

and prevention plan, by a used oU processor; or 

(h) Transporting, processing, re-refining, buming or marketing 

used oil without first obtaining an EPA ID number. 

(3) Class ni : 

(a) Failing to label one container or tank in which used oil was 

accumulated on site, if five or more tanks or containers are present; 

(b) Failing to label up to two containers used for the accumulation or storage of used oil on site; or 

(c) Faihng to label a tank having less than 100 gallon capacity 

when used for the accumulation or storage of used oil on site. 

[Publications: Publications referenced are available from the agency.] 

Stat. Auth.: ORS 459.995,468.020,468.869,468.870 & 468.996 

Stats. Implemented: ORS 459A.580 - 459A.585,459A.590 & 468.090 - 468.140 

Hist.: DEQ 33-1990, f. & cert. ef. 8-15-90; DEQ 21-1992, f & cert, ef 8-11-92; 

DEQ 19-1998, f & cert, ef 10-12-98; DEQ 4-2005, f 5-13-05, cert, ef 6-1-05; DEQ 

4-2006, f 3-29-06, cert, ef 3-31-06 

340-012-0073 

Environmental Cleanup Classification of Violations 

(1) Class I: Violating any otherwise unclassified environmental 

cleanup-related requkements are addressed under OAR 340-012-0053. 

(2) Class n : Failing to provide information under ORS 

465.250. 

Stat. Auth.: ORS 465.280,465.400 - 465.410,465.435 & 468.020 

Stats. Implemented: ORS 465.210 & 468.090 - 468.140 

Hist.: DEQ 22-1988, f & cert, ef 9-14-88; DEQ 4-1989, f & cert, ef 3-14-89; DEQ 

15-1990, f & cert, ef 3-30-90; DEQ 21-1992, f & cert, ef 8-11-92; DEQ 19-1998, 

f. & cert.ef 10-12-98; DEQ 4-2005,f 5-13-05,cert, ef 6-1-05; DEQ 4-2006,f 3-

29-06,cert.ef 3-31-06 

340-012-0074 

Underground Storage Tank (UST) Cleanup Classification of 

Violations 

(1) Class I: 

(a) FaiUng to report a confirmed release from an UST; 

(b) Failing to initiate or complete the investigation or cleanup, or 

to perform requked monitoring, of a release from an UST; 

(c) FaiUng to conduct free product removal; 

(d) FaiUng to properly manage petroleum contaminated sod; 

(e) Failing to mitigate frre, explosion or vapor hazards; 

(f) Demonstrating negligence or incompetence in performing soil 

matrix cleanup services; or 

(g) Providing or supervising soU matrix cleanup services witaout obtaining the appropriate Ucense. 

(2) Class H: 

(a) Failing to report a suspected release from an UST; 

(b) Failing to timely submit reports or other documentation from 

the investigation or cleanup of a release from an UST; or 

(c) Failing to timely submit a conective action plan or submitting an incomplete conective action plan. 

Stat. Auth.: ORS 466.746,466.994 & 468.020 

Stats. Implemented: ORS 466.706 - 466.835 & 466.994 

Hist.: DEQ 4-2005. f. 5-13-05, cert, ef 6-1-05; DEQ 4-2006, f 3-29-06,cert, ef 3-

31-06 

340-012-0079 

Heating Oil Tank (HOT) Classification of Violations 

(1) Class L 

(a) Failing to report a release from an HOT when the failure is 

discovered by tae department; 

(b) Fading to initiate and complete tae investigation or cleanup 

of a release from an HOT; 

(c) Failing to initiate and complete free product removal; 

(d) Failing to certify taat heating oil tank services were conducted 

in compliance with all applicable regulations, by a service provider; 

(e) Failing, by a responsible party or service provider, to conduct 

conective action after the department rejects a certified report; 

(f) Demonstrating negligence or incompetence in performing 

HOT services; or 

(g) Providing or supervising HOT services without fkst obtaining the appropriate license. 

(2) Class II: 

(a) Failing to submit a corrective action plan; 

(b) Failing to properly decommission an HOT; 

(c) Failing to hold and continuously maintain enors and omissions or professional liabiUty insurance, by a HOT service provider; 

(d) Failing to have a supervisor present when performing HOT 

services; 

(e) FaiUng to report a release from an HOT within 72 hours when 

the failure is reported to tae department by the responsible person or 

the service provider; or 

(f) Offering to provide heating oil tank services without first 

obtaining tae appropriate service provider license. 

Stat. Auth.: ORS 466.746,466.858 - 466.994 & 468.020 

Stats. Implemented; ORS 466.706,466.858 - 466.882,466.994 & 468.090 - 468.140 

Hist.: DEQ 4-2005, f 5-13-05, cert, ef 6-1-05; DEQ 4-2006, f. 3-29-06, cert, ef 3-

31-06 

340-012-0081 

Oil and Hazardous Material Spill and Release Classification of 

Violations 

(1) Class I: 

(a) FaiUng to immediately clean up spills or releases or threatened 

spills or releases of od or hazardous materials, by any person having 

ownership or control over the oil or hazardous materials; 

(b) Failing to immediately notify the Oregon Emergency 

Response System (OERS) ofthe type, quantity and location of a spill 

of oil or hazardous material, and conective and cleanup actions taken 

and proposed to be taken if the amount of oil or hazardous material 

released exceeds the reportable quantity, or will exceed tae reportable 

quantity within 24 hours; 

(c) Spilling or releasing any oil or hazardous materials which 

enters waters of the state; 

(d) FaiUng to activate alarms, wam people in the immediate area, 

contain the oil or hazardous material or notify appropriate local emergency personnel; 

(e) Failing to immediately implement a requked plan; or 

(f) Failing to take immediate preventative, repair, corrective or 

containment action in the event of a threatened spill or release. 

(2) Class H: 

(a) Failing to submit a complete and detailed written report to the 

department of a spill of oil or hazardous material; 

(b) Failing to use the requked sampling procedures and analytical testing protocols for oil and hazardous materials spills or releases; 

(c) Failing to coordinate with the department during the emergency response to a spiU after bemg notified ofthe department's jurisdiction; 

(d) Failing to immediately report spills or releases witain containment areas when reportable quantities are exceeded and exemptions are not met under OAR 340-142-0040; 

(e) Failing to immediately manage any spill or release of oil or 

hazardous materials consistent with the National Incident Management 

System (NIMS); 

(f) Improperly or witaout approval ofthe Department, tteating, 

dUuting or disposing of spill, or spill-related waters or wastes; or 

(g) Using chemicals to disperse, coagulate or otaerwise treat a 

spill or release of oil or hazardous materials without prior department 

approval. 

(3) Class IH: 

(a) FaiUng to provide maintenance and inspections records ofthe 

storage and transfer facilities to the department upon request; or 

2010 Edition 

Oregon Administrative Rules Compilation 

6-284 (11-13-09) 
Chapter 340 Department of Environmental Quality 

(b) Failing, by a vessel owner or operator, to make maintenance 

and inspection records, and oil treuisfer procedures available to the 

department upon request. 

Stat. Auth.: ORS 466.625 & 468.020 

Stats. Implemented: ORS 466.635 - 466.680,466.992 & 468.090 - 468.140 

Hist.: DEQ 1-2003, f & cert, ef 1-31-03; DEQ 7-2003, f & cert, ef 4-21-03; DEQ 

4-2005, f. 5-13-05, cert, ef 6-1-05; DEQ 4-2006, f. 3-29-06, cert. ef. 3-31-06 

340-012-0082 

Contingency Planning Classification of Violations 

(1) Class I: 

(a) Failing to immediately implement the oil spill prevention and 

emergency response contingency plan or other applicable contingency plan, after discovering a spill; 

(b) Operating an onshore or offshore facility without an 

approved or conditionally approved od spiU prevention and emergency 

response contingency plan; 

(c) Entering into the waters ofthe state, by a covered vessel witaout an approved or conditionally approved oil spill prevention and 

emergency response contingency plan or purchased coverage under an 

umbreUa od spiU prevention and emergency response contingency 

plan; 

(d) Failing to knplement prevention measures identified in tae 

facility or covered vessel spill prevention plan that directly results in 

a spill; 

(e) Feuling to maintain equipment, personnel and training at levels described in an approved or conditionally approved oil spill prevention and emergency response contingency plan; 

(f) Fading to establish and maintam financial assurance as 

requked by statute, rale or order; or 

(g) Failing by the owner or operator of an oil terminal faciUty, or 

covered vessel, to take all appropriate measures to prevent spills or 

overfiUing during ttansfer of petroleum or hazardous materii products. 

(2) Class H: 

(a) Failing to submit an oil spill prevention and emergency 

response contingency plan to the department at least 90 calendar days 

before beginning operations in Oregon, by any onshore or offshore 

facility or covered vessel; 

• (b) FaiUng to have available on site a simplified field document 

summarizing key notification and action elements of a requked vessel or facility contingency plan; 

(c) Failing, by a plan holder, to submit and implement required 

changes to a required vessel or faciUty contingency plan following 

conditional approval; 

(d) Failing, by a covered vessel or faciUty contingency plan holder, to submit the required vessel or faciUty contingency plan for reapproval at least ninety (90) days before the expkation date of the 

requked vessel or facility contingency plan; 

(e) Failing to submit spill prevention strategies as requked; or 

(f) Failing to obtain department approval of tae management or 

disposal of spilled oil or hazardous materials, or materials contaminated with oil or hazardous material, that are generated during spill 

response. 

(3) Class ni : 

(a) Failing to provide maintenance and inspections records ofthe 

storage and transfer facilities to the department upon request; 

(b) Failing, by a vessel owner or operator, to make maintenance 

and inspection records and oil ttansfer procedures available to the 

department upon request; 

(c) FaiUng to have at least one copy of the requked vessel or facUity contingency plan in a centtal location accessible at any time by the 

incident commander or spdl response manager; 

(d) FaiUng to have the covered vessel field document available 

to all appropriate personnel in a conspicuous and accessible location; 

(e) FaiUng to notify the department within 24 hours of any significant changes that could affect implementation of a required vessel or facility contingency plan; or 

(f) Failing to distribute amended page(s) of the plan changes to 

the department witain thirty (30) calendar days of tae amendment. 

Stat. Auth.: ORS 4683.350 

Stats. Implemented: ORS 468B.345 

Hist.: DEQ 1-2003, f. & cert, ef 1-31-03; DEQ 4-2005, f 5-13-05,cert. ef 6-1-05; 

DEQ 4-2006, f 3-29-06, cert, ef 3-31-06 

340-012-0083 

Ballast Water Management Classification of Violations 

(1) Class I: Discharging of ballast water witaout authorization. 

(2) Class H: 

(a) Fading to report ballast water management information to the 

department at least 24 hours before entering the waters of this state; 

or 

(b) Failing to file an amended ballast water management report 

after a change in the vessel's ballast water management plan. 

Stat. Auth.: ORS 783.600 - 783.992 

Stats. Implemented: ORS 783.620 

Hist.: DEQ 1-2003,f & cert.ef 1-31-03; DEQ 4-2005, f 5-13-05,cert, ef 6-1-05; 

DEQ 4-2006, f 3-29-06, cert, ef 3-31-06 

340-012-0097 

Dry Cleaning Classification of Violations 

(1) Class I: 

(a) Discharging dty cleaning wastewater to a sanitary sewer, 

storm sewer, septic system, boiler or into waters ofthe state; 

(b) Failing to have a secondary containment system under and 

around each dry cleaning machine or each tank or container of stored 

solvent; 

(c) FaiUng to report a release outside of a containment system of 

more than one pound of dry cleaning solvent released in a 24-hour 

period; 

(d) Fading to repak the cause of a release within a containment 

system of dry cleaning solvent; 

(e) FaiUng to immediately clean up a release or repak the cause 

of a release outside of a containment system of dry cleaning solvents 

or waste water contaminated with solvent; 

(f) Illegally treating or disposing hazardous waste generated at 

a dry cleaning facility; 

(g) Transporting, delivering or designating on a manifest, delivery of hazardous waste generated at a dry cleaning facility to a destination faciUty not authorized or permitted to manage hazardous waste; 

or 

(h) FaiUng to conduct weekly perchloroethylene leak inspections, 

and to measure tae perchloroethylene refrigerated condenser outlet 

temperature and log the results, by a dry cleaning owner or operator. 

(2) Class II: 

(a) Faihng to place or store hazardous waste generated at a dry 

cleaning faciUty in properly labeled and closed containers; 

(b) Accumulating hazardous waste beyond the specified accumulation time period; 

(c) FaiUng, by a dry cleaning owner or operator, to prominently 

post the Oregon Emergency Response System telephone number so 

the number is immediately available to all employees of tae dty cleaning facility; 

(d) Failing to immediately clean up a release witain a containment system of dry cleaning solvent or hazardous waste; 

(e) Failmg to use closed, dkect-coupled delivery, by a person 

delivering perchloroethylene to a dry cleaning facility; 

(f) FaiUng to have closed, dkect-coupled deUvery for perchloroethylene, by a dty cleaning operator; 

(g) Failing to remove all dry cleaning solvent or solvent containing residue or to disconnect utiUties from the dty cleaning machine 

witain 45 days of the last day of dty cleaning machine operations; or 

(h) Failing to timely submit an annual report to the department, 

by a dty cleaning owner or operator. 

(3) Class ni : Failing to notify tae department of change of ownership or operator or closure at a dty cleaning business or dty cleaning store. ' 

Stat. Auth.: ORS 466.070 - 466.080,466.625 & 468.020 

Stats. Implemented: ORS 466.635 - 466.680,466.990,466.994 & 468.090 - 468.140 

Hist.: DEQ 4-2005, f 5-13-05,cert, ef 6-1-05; DEQ 4-2006, f 3-29-06, cert, ef 3-

31-06 

340-012-0130 

Determination of Violation Magnitude 

(1) For each civU penalty assessed, the magnitade is moderate 

unless: 

(a) A selected magnitude is specified in 340-012-0135 and information is reasonably available to the department to determine the 

appUcation of that selected magnitude; or 

2010 Edition 

Oregon Administrative Rules Compilation 

6-285 (11-13-09) 
Chapter 340 Department of Environmental Quality 

(b) The department determines, using information reasonably 

available to it, taat the magnitude should be major under section (3) 

or minor under section (4). 

(2) If the department determines, using information reasonably 

available to the department, that a general or selected magnitade 

appUes, the department's determination is tae presumed magnitade of 

the violation, but the person against whom tae violation is alleged has 

tae opportanity and the burden to prove that another magnitade appUes 

and is more probable than the presumed magnitade. 

(3) The magnitade of the violation is major if tae department 

finds that the violation had a significant adverse impact on human 

healta or tae envkonment. In making this finding, the department will 

consider all reasonably available information, including, but not hmited to: the degree of deviation from apphcable statates or commission 

and department rales, steuidards, permits or orders; the extent of actual effects of tae violation; the concentration, volume, or toxicity ofthe 

materials involved; and the duration of tae violation. In making this 

finding, the department may consider any single factor to be conclusive. 

(4) The magnitade of the violation is minor if the department 

finds that the violation had no more taan a de minimis adverse impact 

on human health or the envkonment, and posed no more than a de minimis threat to human health or otaer envkonmental receptors. In making this finding, the department wiU consider all reasonably available 

information including, but not limited to: tae degree of deviation from 

applicable statates or commission and department rales, standards, 

permits or orders; the extent of actual or threatened effects of tae violation; the concenttation, volume, or toxicity of tae materials involved; 

and the duration of the violation. In making this finding, the department may consider any single factor to be conclusive. 

Stat. Auth.: ORS 468.020 & 468.130 

Stats. Implemented: ORS 459.376,459.995,465.900,465.992,466.990 - 466.994, 

468.090 - 468.140 & 468B.450 

Hist.: DEQ 4-2005, f 5-13-05, cert, ef 6-1-05; DEQ 4-2006, f 3-29-06, cert, ef 3-

31-06 

340-012-0135 

Selected Magnitude Categories 

(1) Magnitades for selected Ak Quahty violations will be determined as follows if sufficient information is reasonably available to 

the department to make a determination: 

(a) Opacity limitation violations: 

(A) Major — Opacity measurements or readings of 20 percent 

opacity or more over the applicable limitation, or an opacity violation 

by a federal major source as defined in OAR 340-200-0020; 

(B) Moderate — Opacity measurements or readings greater taan 

10 percent and less than 20 percent over the applicable Umitation; or 

(C) Minor — Opacity measurements or readings of 10 percent 

or less over tae applicable limitation. 

(b) Operation of a major source, as defined in OAR 340-200-

0020, without fkst obtaining the requked permit: Major — The Best 

Achievable Control Technology (BACT) analysis shows need for additional conttols and/or if offsets are requked. 

(c) Ak contaminant emission limitation violations for selected ak 

pollutants: Magnitade determinations under this subsection shaU be 

made based upon significant emission rate amounts Usted in OAR 340-

200-0020 (Tables 2 and 3). [Table not included. See ED. NOTE.] 

(A) Major: 

(i) Exceeding the annual Umit as established by permit, rale or 

order by more than tae above amount; 

(ii) Exceeding the monthly limit as established by permit, rale or 

order by more than ten percent of the above amount; 

(ui) Exceeding the daily Umit as estabUshed by permit, rale or _ 

order by more than 0.5 percent of the above amount; or 

(iv) Exceeding tae hourly limit as established by permit, mle or 

order by more than 0.1 percent of the above amount. 

(B) Moderate: 

(i) Exceeding tae annual limit as estabUshed by permit, rale or 

order by an amount from 50 up to and including 100 percent of the 

above amount; 

(ii) Exceeding the montaly limit as estabUshed by pemiit, rale or 

order by an amount from five up to and including ten percent of the 

above amount; 

(iu) Exceeding the daily Umit as established by permit, mle or 

order by an amount from 0.25 up to and including 0.50 percent ofthe 

above amount; or 

(iv) Exceeding the hourly Umit as estabUshed by permit, rale or 

order by an amount from 0.05 up to and including 0.10 percent ofthe 

above amount. 

(C) Minor: 

(i) Exceeding the annual limit as estabUshed by permit, rale or 

order by an amount less taan 50 percent of the above amount; 

(ii) Exceeding the monthly Umit as established by permit, rale or 

order by an amount less than five percent of the above amount; 

(in) Exceeding the daily limit as established by pemiit, mle or 

order by an amount less than 0.25 percent of the above amount; or 

(iv) Exceeding the hourly Umit as established by permit, mle or 

order by an amount less than 0.05 percent of the above amount. 

(d) Violations of Emergency Action Plans: Major — Major magnitade in all cases. 

(e) Violations of on road motor vehicle refinishing rales contained in OAR 340-242-0620: Minor — Refinishing 10 or fewer on 

road motor vehicles per year. 

(f) Asbestos violations: 

(A) Major — More than 260 lineal feet or more than 160 square 

feet of asbestos-containing material; 

(B) Moderate — From 40 lineal feet up to and including 260 Uneal feet or from 80 square feet up to and including 160 square feet of 

asbestos-containing material; or 

(C) Minor — Less than 40 lineal feet or 80 square feet of 

asbestos-containing material. 

(D) The magnitade of the asbestos violation may be increased by 

one level if the material was comprised of more than five percent 

asbestos. 

(g) Open buming violations: 

(A) Major — Initiating or allowing the initiation of open buming of 20 or more cubic yards of commercial, constmction, demoUtion and/or industrial waste; or 5 or more cubic yards of prohibited 

materials (inclusive of tires); or 10 or more tkes; 

(B) Moderate — Initiating or allowing the initiation of open buming of 5 or more, but less taan 20 cubic yards of commercial, constmction, demoUtion and/or industrial waste; or 2 or more, but less 

than 5 cubic yards of prohibited materials (inclusive of tkes); or 3 to 

9 tkes; or if tae department lacks sufficient information upon which 

to make a determination of the type of waste, number of cubic yards 

or number of tkes bumed; or 

(C) Minor — Initiating or allowing the initiation of open buming of less than 5 cubic yards of commercial, constmction, demoUtion 

and/or industrial waste; or less than 2 cubic yards of prohibited materijils (inclusive of tkes); or 2 or less tkes. 

(D) The selected magnitade may be increased one level tf the 

department finds that one or more of the following are trae, or 

decreased one level if the department finds taat none of the following 

are trae: 

(i) The buming took place in an open buming control area; 

(ii) The buming took place in an area where open buming is prohibited; 

(iii) The buming took place in a non-attainment or maintenance 

area for PMIO or PM2.5; or 

(iv) The buming took place on a day when all open buming WEIS 

prohibited due to meteorological condkions. 

(h) Oregon Low Emission Vehicle Non-Methane Gas (NMOG) 

or Green House Gas (GHG) fleet average emission limit violations: 

(A) Major — Exceeding the Umit by more than 10 percent; or 

(B) Moderate — Exceeding the limit by 10 percent or less. 

(2) Magnitades for selected violations pertaining to Water Quality will be detemiined as follows if sufficient information is reasonably available to the department to make a determination: 

(a) Violating wastewater discharge pemiit effluent limitations: 

(A) Major: 

(i) The dilution (D) of tae spdl or technology based effluent limitation exceedance was less than two, when calculated as follows: D 

= ((QR /4) -I- Ql)/ Ql, where QR is the estimated receiving stream flow 

and Ql is the estimated quantity or discharge rate of the incident; 

(ii) The receiving stream flow at the time of tae water quality 

based effluent Umitation (WQBEL) exceedance was at or below the 

flow used to calculate tae WQBEL; or 

2010 Edition 

Oregon Adininistrative Rules Compilation 

6-286 (11-13-09) 
Chapter 340 Department of Environmental Quality 

(iii) The resulting water quality from the spiU or discharge was 

as follows: 

(I) For discharges of toxic pollutants: CS/D was more than 

CAcute, where CS is the concenttation of tae discharge, D is the dilution ofthe discharge as detemiined under (2)(a)(A)(i), and CAcute is 

die concentration for acute toxicity (as defined by the apphcable water 

quality standard); 

(n) For spills or discharges affecting temperatare, when the discharge temperature is at or above 32 degrees centigrade after two seconds from the outfall; or 

(ni) For B0D5 discharges: (B0D5)/D is more than 10, where 

BOD5 is the concentration of the five day Biochemcial Oxygen 

Demand of tae discharge and D is the dilution of the discharge as 

detemiined under (2)(a)(A)(i). 

(B) Moderate: 

(i) The dilution (D) of the spiU or the technology based effluent 

limitation exceedeince was two or more but less than 10 when calculated as follows: D = ((QR 14)+ Ql )/ Ql, where QR is the estimated 

receiving stream flow and Ql is the estimated quantity or discharge rate 

of the discharge; or 

(U) The receiving stteam flow at tae time of the WQBEL 

exceedance was greater than, but less than twice, the flow used to calculate the WQBEL. 

(C) Minor: 

(i) The dilution (D) ofthe spiU or the technology based effluent 

limitation exceedance was 10 or more when calculated as follows: D 

= ((QR/4) + Ql)/ Ql, where QR is the receiving stream flow and Ql 

is the quantity or discharge rate of the incident; or 

(U) The receiving stream flow at the time of the WQBEL 

exceedance was twice the flow or more of the flow used to calculate 

the WQBEL. 

(b) Violating numeric water-quaUty standards: 

(A) Major: 

(i) Increased tae concentration of any pollutant except for toxics, dissolved oxygen, pH, and turbidity, by 25 percent or more of the 

standard; 

(U) Decreased the dissolved oxygen concenttation by two or more 

milligrams per liter below the standard; 

(ui) Increased the toxic pollutant concentration by any amount 

over the acute standard or by 100 percent or more of the chronic standard; 

(iv) Increased or decreased pH by one or more pH units from the 

standard; or 

(v) Increased turbidity by 50 or more nephelometric tarbidity 

units (NTU) over background. 

(B) Moderate: 

(i) Increased the concentration of any pollutant except for toxics, pH, and turbidity by more than 10 percent but less than 25 percent 

of the standard; 

(U) Decreased dissolved oxygen concentration by one or more, 

but less than two, milligrams per liter below the standard; 

(iu) Increased tae concenttation of toxics poUutants by more than 

10 percent but less than 100 percent of tae chronic standard; 

(iv) Increased or decreased pH by more than 0.5 pH unit but less 

than 1.0 pH unit from the standard; or 

(v) Increased turbidity by more than 20 but less than 50 NTU 

over background. 

(C) Minor: 

(i) Increased the concenttation of any pollutant, except for toxics, pH, and tarbidity, by 10 percent or less of the standard; 

(ii) Decreased the dissolved oxygen concenttation by less than 

one milligram per liter below the standard; 

(iii) Increased the concentration of toxic pollutants by 10 percent 

or less of the chronic standard; 

(iv) Increased or decreased pH by 0.5 pH unit or less from the 

standard; or 

(v) Increased tarbidity by 20 NTU or less over background. 

(c) The selected magnitude under (2)(a) or (b) may be increased 

one level if tae violation: 

(i) Occurred in a water body that is water-quahty Umited (Usted 

on the most cunent 303(d) list) and the discharge is tae seune pollutant for which the water body is listed; 

(ii) Depressed oxygen levels or increased tarbidity and/or sedimentation in a stream in which salmonids may be rearing or spawning as indicated by the beneficial use maps available at OAR 340-041-

0101 through 0340; 

(iii) Violated a bacteria standard either in shell-fish growing 

waters or during the period from June 1 through September 30; or 

(iv) Resulted in a documented fish or wildlife kill. 

(3) Magnitudes for selected violations pertaining to SoUd Waste 

wdl be detemiined as follows if sufficient information is reasonably 

available to the department to make a determination: 

(a) Operating a solid waste disposal facility without a pemiit: 

(A) Major — The volume of material disposed of exceeds 400 

cubic yards; 

(B) Moderate — The volume of material disposed of is greater 

than or equal to 40 cubic yards and less than or equal to 400 cubic 

yards; or 

(C) Minor — The volume of materials disposed of is less than 40 

cubic yards. 

(D) The magnitude of the violation may be raised by one magnitade if the material disposed of was either ki the floodplain of waters 

of tae state or witain 100 feet of waters of tae state. 

(b) Faihng to accurately report the amount of solid waste disposed: 

(A) Major — The amount of solid waste is undeneported by 15 

percent or more of the eunount received; 

(B) Moderate — The amount of solid waste is undeneported by 

5 percent or more, but less them 15 percent, of the amount received; 

or 

(C) Minor — The amount of solid waste is undeneported by less 

than 5 percent of the amount received. 

(4) Magnitudes for selected violations pertaining to Hazardous 

Waste will be detemiined as follows if sufficient information is reasonably available to the department to make a determination: 

(a) Failure to make a hazardous waste determination: 

(A) Major — Failiu-e to make the determination on five or more 

waste streams; 

(B) Moderate — Failure to make the determination on three or 

four waste stteams; or 

(C) Minor — Failure to make the determination on one or two 

waste stteams. 

(b) Hazardous Waste treatment and disposal violations OAR 340-

012-0068(l)(b), (c), (h), (k), (1), (m), (p). (q) and (r): 

(A) Major: 

(i) Treatment or disposal of more than 55 gallons or 330 pounds 

of hazardous waste; or 

(u) Treatment or disposal of more than three gallons or 18 pounds 

of acutely hazardous waste. 

(B) Moderate: 

(i) Treatment or disposal of 55 gallons or 330 pounds or less of 

hazardous waste; or 

(ii) Treatment or disposal of three gallons or 18 pounds or less 

of acutely hazardous waste. 

(c) Hazeirdous waste management violations OAR 340-012-

0068(l)(d), (e) (f), (g), (i), (j), (n), and (2)(a), (b), (d), (e), (h), (i), (k), 

(m),(n),(o),(p),(r)and(s): 

(A) Major: 

(i) Hazardous waste management violations involving more than 

1,000 gallons or 6,000 pounds of hazardous waste; or 

(u) Hazardous waste management violations involving more than 

20 gallons or 120 pounds of acutely hazardous waste. 

(B) Moderate: 

(i) Hazardous waste management violations involving more than 

250 gallons or 1,500 pounds, up to and including 1,000 gallons or 

6,000 pounds of hazardous waste; or 

(u) Hazardous waste management violations involving more thsui 

5 gallons or 30 pounds, up to and including 20 gallons or 60 pounds 

of acutely hazardous waste. 

(C) Minor: 

(i) Hazardous waste management violations involving 250 gallons or 1,500 pounds or less of hazardous waste; or 

(ii) Hazardous waste management violations involving 5 gallons 

or 30 pounds or less of acutely hazardous waste. 

(5) Magnitudes for selected Used Oil violations (OAR 340-012-

0072) will be determined as follows if sufficient information is reasonably available to the department to make a determination: 

2010 Edition 

Oregon Administrative Rules Compilation 

6-287 (11-13-09) 
Chapter 340 Department of Environmental Quality 

(a) Used OU violations OAR 340-012-0072(l)(f), (h), (i), (j); and 

(2)(a) du'ough (j): 

(A) Major — Used oil management violations involving more 

taan 1,000 gallons or 7,000 pounds of used od or used oil mixtures; 

(B) Moderate — Used od management violations mvolving more 

than 250 gallons or 1,750 pounds, up to and including 1,000 gallons 

or 7,000 pounds of used oil or used oil mixture; or 

(C) Minor — Used oil management violations involving 250 gallons or 1,750 pounds or less of used oil or used oil mixtares. 

(b) Used Oil spill or disposal violations OAR 340-012-

0072(l)(a) through (e), (g) and (k): 

(A) Major — A spill or disposal involving more taan 420 gallons 

or 2,940 pounds of used oil or used oil mixtures; 

(B) Moderate — A spiU or disposal mvolving more than 42 gallons or 294 pounds, up to and including 420 gallons or 2,940 pounds 

of used oil or used oil mixtures; or 

(C) Minor — A spill or disposal of used oil involving 42 gallons 

or 294 pounds or less of used oil or used oil mixtures. 

[ED. NOTE: Tables & Publications referenced are available from the agency.] 

Stat. Auth.: ORS 468.065 & 468A.045 

Stats. Implemented: ORS 468.090 - 468.140 & 468A.060 

Hist.: DEQ 21-1992,f & cert, ef 8-11-92; DEQ 4-1994, f & cert, ef 3-14-94; DEQ 

19-1998, f. & cert, ef 10-12-98; DEQ 1-2003,f,& cert.ef 1-31-03; Renumbered 

from 340-012-0090, DEQ 4-2005, f 5-13-05,cert, ef 6-1-05; DEQ 4-2006, f 3-29-

06, cert. ef. 3-31-06; DEQ 6-2006, f & cert, ef 6-29-06 

340-012-0140 

Determination of Base Penalty 

(1) Except for Class IH violations and for penalties assessed 

under OAR 340-012-0155, tae base penalty (BP) is detemiined by 

applying the type, class and magnitade of the violation to the matrices set forth in this section. For Class IH violations, no magnitade 

determination is requked. 

(2) $8,000 Penalty MaOix: 

(a) The $8,000 penalty matrix applies to the foUowing: 

(A) Any violation of an ak quality statute, rale, permit or related order committed by a person taat has or should have a Title V permit or an Ak Contaminant Discharge Permit (ACDP) issued pursuant 

to New Source Review (NSR) regulations or Prevention of Significant 

Deterioration (PSD) regulations, or section 112(g) ofthe federal Clean 

Air Act. 

(B) Open buming violations as follows: 

(i) Any violation of an open buming statate, mle, permit or related order committed by a permitted industrial facility. 

(U) Any violation of OAR 340-264-0060(3) in which 25 or more 

cubic yards of prohibited materials or more than 15 tkes are bumed, 

except when committed by a residential owner-occupant. 

(C) Any violation of the Oregon Low Emission Vehicle rales 

(OAR 340-257) by an automobile manufactarer. 

(D) Any violation of 468B.025(l)(a) or (l)(b), or of ORS 

468B.050(l)(a) by a person without an National PoUutant Discharge 

Elimination System (NPDES) permit. 

(E) Any violation of a water quality statute, rale, pemiit or related order by: 

(i) A person taat has a NPDES permit, or that has or should have 

a Water Pollution Conttol FaciUty (WPCF) permit, for a municipal or 

private utiUty sewage tteatment faciUty with a permitted flow of five 

million or more gallons per day. 

(ii) A person that has a major industrial source NPDES permit. 

(Ui) A person that has a population of 100,000 or more, as determined by the most recent national census, and either has or should 

have a WPCF Mimicipal Stormwater Underground Injection Control 

(UIC) System Permit, or has a NPDES Municipal Separated Storm 

Sewer Systems (MS4) Stormwater Discharge Permit. 

(iv) A person that has or should have a WPCF pemiit for a major 

vegetable or frait processing facility, for a major mining operation 

involving over 500,(X)0 cubic yards per year, or for any mining operation using chemical leaching or froth flotation. 

(v) A person taat installs or operates a prohibited Class I, It, HI, 

rV or V UIC system, except for a cesspool. 

(F) Any violation of an underground storage tanks statute, mle, 

permit or related order committed by the owner, operator or permittee of 10 or more UST faciUties or a person who is licensed or should 

be licensed by the department to perform tank services. 

(G) Any violation of a heating oil tank statate, rale, permit, 

license or related order committed by a person who is licensed or 

should be hcensed by tae department to perform heating oil tank services. 

(H) Any violation of ORS 468B.485, or related rales or orders 

regarding financial assurance for ships ttansporting hazardous materials or oil. 

(I) Any violation of a used od statate, mle, permit or related order 

committed by a person who is a used oil ttansporter, transfer facility, 

processor or re-refiner, off-specification used oil bumer or used oil 

marketer. 

(J) Any violation of a hazardous waste statute, mle, permit or 

related order by: 

(i) A person that is a large quantity generator or hazardous waste 

transporter. 

(ii) A person that has or should have a tteatment, storage or disposal facility pennit. 

(K) Any violation of an oil and hazardous material spill and 

release statate, rale, or related order. 

(L) Any violation of a polychlorinated biphenyls (PCBs) management and disposal statute, rale, permit or related order. 

(M) Any violation of ORS Chapter 465, UST or envkonmental 

cleanup statate, rale, related order or related agreement. 

(N) Unless specifically Usted under anotaer penalty matrix, any 

violation of ORS Chapter 459 or any violation of a soUd waste statate, 

rale, permit, or related order committed by: 

(i) A person taat has or should have a solid waste disposal permit. 

(U) A person with a population of 25,000 or more, as determined 

by the most recent national census. 

(b) The base penalty values for the $8,000 penalty matrix are as 

follows: 

(A) Class I: 

(i) Major - $8000; 

(U) Moderate — $4000; 

(in) Minor — $2000. 

(B) Class n: 

(i) Major - $4000; 

(u) Moderate — $2000; 

(ui) Minor-$1000. 

(C) Class ni: $750. 

(3) $6,000 Penalty Mattix: 

(a) The $6,000 penalty matrix applies to tae following: 

(A) Any violation of an air quality statute, rale, pemiit or related order committed by a person that has or should have an ACDP permit, except for NSR, PSD and Basic ACDP permits. 

(B) Any violation of an asbestos statute, rale, permit or related 

order except those violations Usted in section (5) of this rale. 

(C) Any violation of a vehicle inspection program statute, rale, 

permit or related order committed by an auto repair faciUty. 

(D) Any violation of the Oregon Low Emission Vehicle mles 

(OAR 340-257) by an automobile dealer or an automobile rental agency. 

(E) Any violation of a water quaUty statate, rale, pemiit or related order committed by: 

(i) A person that has a NPDES Pemiit, or that has or should have 

a WPCF Permit, for a municipal or private utility sewage tteatment 

facility with a permitted flow of two million or more, but less than five 

million, gallons per day. 

(U) A person that has a minor industrial source NPDES Permit, 

or has or should have a WPCF Permit, for an industrial source. 

(iu) A person that has or should have appUed for coverage under 

an NPDES or a WPCF General Permit, except an NPDES Stormwater Discharge 1200-C General Permit for a constmction site of one acre 

or more, but less than five acres in size and except for an NPDES 700-

PM General Permit for suction dredges. 

(iv) A person that has a population of less than 100,000 but more 

taan 10,000, as detemiined by the most recent national census, and has 

or should have a WPCF Municipal Stormwater UIC System Permit or 

has an NPDES MS4 Stormwater Discharge Permit. 

(v) A person that has or should have a WPCF pemiit for a mining operation involving from 100,000 up to 500,000 cubic yards other 

than those operations using chemical leachate or froth flotation. 

2010 Edition 

Oregon Administrative Rules Compilation 

6-288 (11-13-09) 
Chapter 340 Department of Environmental Quality 

(vi) A person that owns, and that has or should have registered, 

a UIC system that disposes of wastewater other than stormwater or 

sewage. 

(F) Any violation of an UST statate, mle, permit or related order 

committed by a person who is the owner, operator or permittee of five 

to nine UST facilities. 

(G) Unless specifically listed under another penalty matrix, any 

violation of ORS Chapter 459 or otaer soUd waste statate, rale, permit, or related order committed by: 

(i) A person that has or should have a waste tke permit; or 

(u) A person with a population of more taan 5,000 but less than 

or equal to 25,000, as determined by the most recent national census. 

(H) Any violation of a hazardous waste management statate, mle, 

permit or related order committed by a person that is a small quantity generator. 

(b) The base penalty values for the $6,000 penalty matrix are as 

follows: 

(A) Class I: 

(i) Major — $6,000. 

(u) Moderate-$3,000. 

(iii) Minor — $1,500. 

(B) Class H: 

(i) Major - $3,000. 

(u) Moderate — $1,500. 

(Ui) Minor - $750. 

(C) Class ni: $500. 

(4) $2,500 Penalty Matrix: 

(a) The $2,500 penalty matrix applies to the following: 

(A) Any violation of any statate, rale, permit, Ucense, or order 

committed by a person not listed under another penalty matrix. 

(B) Any violation of an ak quality statate, rale, permit or related order committed by a person not listed under another penalty 

mattix. 

(C) Any violation of OAR 340-264-0060(3) in which 25 or more 

cubic yards of prohibited materials or more than 15 tkes are bumed 

by a residential owner-occupant. 

(D) Any violation of a vehicle inspection program statate, mle, 

permit or related order committed by a nataral person, except for those 

violations Usted in section (5) of this rale. 

(E) Any violation of a water quality statate, rale, permit, Ucense 

or related order not listed under another penalty matrix and committed by: 

(i) A person that has an NPDES pennit, or has or should have a 

WPCF pemiit, for a municipal or private utility wastewater treatment 

facility with a permitted flow of less than two million gallons per day. 

(U) A person that has or should have applied for coverage under 

an NPDES Stormwater Discharge 1200-C General Pemiit for a constmction site that is more than one, but less than five acres. 

(iii) A person that has a population of 10,000 or less, as determined by the most recent national census, and either has an NPDES 

MS4 Stormwater Discharge Pemiit or has or should have a WPCF 

Municipal Stormwater UIC System Permk. 

(iv) A person who is licensed to perform onsite sewage disposal services or who has perfonned sewage disposal services. 

(v) A person, except for a residential owner-occupant, that owns 

and either has or should have registered a UIC system that disposes 

of stormwater or sewage. 

(vi) A person taat has or should have a WPCF individual 

stormwater UIC system permit. 

(F) Any violation of an onsite sewage disposal statate, mle, permit or related order, except for a violation committed by tae residential owner-occupant. 

(G) Any violation of an UST statate, rale, pemiit or related order 

if the person is the owner, operator or permittee of two to four UST 

facilities. 

(H) Any violation, except a violation related to a spill or release, 

of a used oil statute, rale, permit or related order committed by a person that is a used oil generator. 

(I) Unless Usted under another penalty matrix, any violation of 

a hazardous waste management statate, rale, permit or related order 

committed by a person that is a conditionally exempt generator if the 

violation does not impact the person's generator statas. 

(J) Any violation of ORS 459 or otaer solid waste statate, rale, 

pemiit, or related order committed by a person with a population less 

than 5,000, as detemiined by the most recent national census. 

(K) Any violation of the labeUng requirements of ORS 

459A.675-459A.685. 

(L) Any violation of rigid pesticide container disposal requkements by a conditionally exempt generator of hazardous waste. 

(b) The base penalty values for the $2,500 penalty matrix are as 

follows: 

(A) Class I: 

(i) Major - $2500; 

(ii) Moderate — $1250; 

(iii) Minor — $625. 

(B) Class n: 

(i) Major-$1250; 

(ii) Moderate — $625; 

(iii) Minor - $300. 

(C) Class in: $200. 

(5) $ 1,000 Penalty Mattix: 

(a) The $1,000 penalty matrix apphes to the following: 

(A) Any violation of an open buming statate, mle, permit or related order committed by a residential owner-occupant at the residence, 

not listed under anotaer penalty matrix. 

(B) Any violation of visible emissions standards by operation of 

a vehicle. 

(C) Any violation of an asbestos statate, mle, permit or related 

order committed by a residential owner-occupant. 

(D) Any violation of an onsite sewage disposal statate, rale, permit or related order of OAR 340-044 committed by a residential 

owner-occupant. 

(E) Any violation of an UST statute, rale, permit or related order 

committed by a person who is tae owner, operator or permittee of one 

UST facility. 

(F) Any violation of an HOT statute, rale, pemiit or related order 

not listed under another penalty matrix. 

(G) Any violation of a dty cleaning facdity statute, mle, pemiit 

or related order. 

(H) Any violation of a statate, mle, permit or order relating to 

rigid plastic containers, except for violation of the labeling requkements under OAR 459A.675 through 459A.685. 

(I) Any violation of a statute, rale or order relating to the opportanity to recycle. 

(J) Any violation of a statate, rale, permit or order relating to 

woodstoves, except a violation related to the sale of new or used woodstoves. 

(K) Any violation of an UIC system statate, mle, permit or related order by a residential owner-occupant, when the IHC disposes of 

stormwater or sewage. 

(L) Any violation by a person taat has or should have applied for 

coverage under an NPDES 700-PM General Pennit for Suction 

Dredges. 

(b) The base penalty values for the $1,000 penalty matrix are as 

follows: 

(A) Class I: 

(i) Major - $1000; 

(U) Moderate - $500; 

(in) Mmor - $250. 

(B) Class U: 

(i) Major - $500; 

(U) Moderate - $250; 

(iii) Minor — $125. 

(C) Class ni: $100. 

Stat. Auth.: ORS 468.020 & 468.090 - 468.140 

Stats. Implemented: ORS 459.995,459A.655,459A.660,459A.685& 468.035 

Hist.: DEQ 4-1989, f & cert, ef 3-14-89; DEQ 15-1990, f & cert, ef 3-30-90; DEQ 

33-l990,f&cert.ef 8-15-90; DEQ 21-1992, f&cert.ef 8-11-92; DEQ 4-1994, 

f & cert, ef 3-14-94; DEQ 9-1996, f & cert, ef 7-10-96; DEQ 19-1998, f & cert, 

ef 10-12-98; DEQ 6-2001,f 6-18-01,cert.ef 7-1-01; Renumbered from 340-012-

0042, DEQ 4-2005, f 5-13-05, cert, ef 6-1-05; DEQ 4-2006, f 3-29-06, cert, ef 3-

31-06; DEQ 6-2006, f. & cert, ef 6-29-06 

340-012-0145 

Determination of Aggravating or Mitigating Factors 

(1) Each of the aggravating or mitigating factors is determined, 

as described below, and then appUed to the civil penalty formula in 

OAR 340-012-0045(2). 

2010 Edition 

Oregon Administrative Rules Compilation 

6-289 (11-13-09) 
Chapter 340 Department of Environmental Quality 

(2) "P" is whether the respondent has any prior significant actions 

(PSAs). A violation becomes a PSA on tae date the first FEA in which 

it is cited is issued. 

(a) Except as otherwise provided in this section, the values for 

"P" and the finding taat supports each are as follows: 

(A) 0 if no PSAs or there is insufficient information on which to 

base a finding under this section. 

(B) 1 if the PSA included one Class II violation or two Class HI 

violations. 

(C) 2 if tae PSA (s) included one Class I violation or Class I 

equivalent. 

(D) For each additional Class I violation or Class I equivalent, tae 

value of "P" is increased by 1. 

(b) The value of "P" wdl not exceed 10. 

(c) If any of tae PSAs were issued under ORS 468.996, the value 

of'F'winbelO. 

(d) In determining the value of "P," the department wiU: 

(A) Reduce tae value of "P" by: 

(i) 2 if all the formal enforcement actions in which PSAs were 

cited were issued more than diree years before the date the current violation occurred. 

(u) 4 if all tae formal enforcement actions in which PSAs were 

cited were issued more than five years before the date the current violation occurred. 

(B) Include the PSAs: 

(i) At aU facihties owned or operated by the same violator within tae state of Oregon; and 

(ii) That involved the same media (ak, water or land) as tae violations that are tae subject of tae cunent FEA. 

(e) In applying subsection (2)(d)(A), the value of "P" may not be 

reduced below zero. 

(f) PSAs that are more than ten years old are not included in 

determining the value of "P." 

(3) "H" is tae respondent's histoty of correcting PSAs. 

(a) The values for "H" and the finding that supports each are as 

follows: 

(A) -2 if the Respondent conected all violations cited as PSAs. 

(B) -1 if the violations were uncorrectable and the respondent 

took reasonable efforts to minimize the effects of the violations cited 

as PSAs; or 

(C) 0 if there is no prior histoty or if there is insufficient information on which to base a finding under paragraphs (3)(a)(A) or (B). 

(b) The sum of values for "P" and "H" may not be less than 1 

unless tae respondent took exttaordinaty efforts to conect or minimize 

tae effects of all PSAs. In no case may the sum of tae values of "P" 

and "H" be less than zero. 

(4) "O" is whether tae violation was repeated or ongoing. 

(a) The values for "O" and tae finding taat supports each are as 

follows: 

(A) 0 if tae violation existed for one day or less and did not recur 

on the same day, or if taere is insufficient information on which to base 

a finding under paragraphs (4)(a)(B) through (4)(a)(D). 

(B) 2 if tae violation recuned on the same day, or existed for or 

occurred on more than one day up to and including six days, which 

need not be consecutive days. 

(C) 3 if tae violation existed for or occuned from seven to 28 

days, which need not be consecutive days. 

(D) 4 if the violation existed for or occuned on more than 28 

days, which need not be consecutive days. 

(b) The department may, at its discretion, assess separate penalties for each day taat a violation occurs. If the department does so, the 

O factor for each affected violation will be set at 0. 

(5) "M" is the mental state of the respondent. For any violation 

where the findings support more taan one mental state, the mental state 

with the highest value will apply. 

(a) The values for "M" and the finding that supports each are as 

follows: 

(A) 0 if there is insufficient information on which to base a finding under paragraphs (5)(a)(B) through (5)(a)(D). 

(B) 2 if the respondent's conduct was negligent or the respondent 

had constractive knowledge (reasonably should have known) that the 

conduct would be a violation. Holding a pemiit that prohibits or 

requires conduct is presumed to constitate at least constractive knowledge and may be actual knowledge depending on tae specific facts of 

the case. 

(C) 6 if tae respondent's conduct was reckless, or the respondent 

had actaal knowledge that its conduct would be a violation and respondent's conduct was intentional. A respondent taat previously received 

a Notice of Noncompliance, WL, PEN or any FEA for the same violation is presumed to have actual knowledge. Holding a permit taat 

prohibits or requkes conduct may be actaal knowledge depending on 

the specific facts of the case. 

(D) 10 if respondent acted flagrandy. 

(6) "C" is tae respondent's efforts to conect the violation, 

(a) The values for "C" £uid the finding that supports each are as 

follows: 

(A) -3 if the respondent made extraordinaty efforts to conect the 

violation, or took exttaordinaty efforts to minimize the effects of the 

violation. 

(B) -2 ff the respondent made reasonable efforts to conect the 

violation, reasonable affumative efforts to minimize the effects ofthe 

violation, or extraordinaty efforts to ensure tae violation would not be 

repeated. 

(C) -1 if the respondent eventaally made efforts to correct the violation, or took affirmative efforts to minimize the effects of the violation. 

(D) 0 if there is insufficient information to make a fmding under 

paragraphs (6)(a)(A) through (6)(a)(C), or (6)(a)(E), or if tae violation 

or the effects of the violation could not be conected or minimized. 

(E) 2 if the respondent did not address tae violation as described 

in paragraphs (6)(a)(A) through (6)(a)(C) and the facts do not support 

a finding under paragraph (6)(a)(D). 

Stat. Auth.: ORS 468.020 & 468.130 

Stats. Implemented: ORS 459.376, 459.995, 465.900, 465.992, 466.990 - 994, 

468.090-140 &468B.450 

Hist.: DEQ 4-2005, f 5-13-05, cert, ef 6-1-05 

340-012-0150 

Determination of Economic Benefit 

(1) The Economic Benefit (EB) is tae approximate dollar value 

of the benefit gained and the costs avoided or delayed (without dupUcation) as a resuh of the respondent's noncompliance. The EB may be 

determined using the U.S. Envkonmental Protection Agency's BEN 

computer model. Upon request of tae respondent, tae department wiU 

provide tae name of the version of tae model used and respond to any 

reasonable request for information about tae content or operation of 

the model. The model's standard values for income tax rates, mflation 

rate and discount rate are presumed to apply to all respondents unless 

a specific respondent can demonstrate that the standard value does not 

reflect that respondent's actaal ckcumstance. Upon request of the 

Respondent, tae department wiU use the model in determining tae economic benefit component of a civil penalty. 

(2) The department may make, for use in the apphcable model, 

a reasonable estimate of the benefits gained and the costs avoided or 

delayed by the respondent. Economic benefit will be calculated without dupUcating or double-counting the advantages realized by respondent as a result of its noncompliance. 

(3) The department need not calculate EB if the department 

makes a reasonable determination taat the EB is de minimis or if there 

is insufBcient information reasonably available to the department on 

which to make an estimate under section (2) of this rale. 

(4) The department may assess EB whether or not it assesses any 

other portion of the civil penalty using the formula in OAR 340-012-

0045. , 

(5) The department's calculation of EB may not result in a civil 

penalty for a violation taat exceeds the maximum civd penalty allowed 

by rale or statute. However, when a violation has occuned or been 

repeated for more than one day, the department may treat the violation as extending over at least as many days as necessEity to recover 

the economic benefit of the violation. When the purpose of tteating a 

violation as extending over more taan one day is to recover the economic benefit, tae department has die discretion not to impose tae base 

penalty portion of the civil penalty. Nothing in tais section precludes 

the department from assessing a penalty of up to the maximum 

allowed for tae violation by statate. 

Stat. Auth.: ORS 468.020 & 468.090 - 468.140 

Stats. Implemented: ORS 459.376,459.995,465.900,465.992,466.210,466.990, 

466.994,467.050,467.990,468.090 - 468.140 & 468.996 

Hist.: DEQ 4-2005, f. 5-13-05, cert, ef 6-1-05 

2010 Edition 

Oregon Administrative Rules Compilation 

6-290 (11-13-09) 
Chapter 340 Department of Environmental Quality 

340-012-0155 

Additional or Alternate Civil Penalties 

(1) The following violations and violators may be subject to additional civil penalties as specified below: 

(a) In addition to any other penalty prescribed by these mles, any 

person who intentionally or recklessly violates any provisions of ORS 

164.785,459.205-459.426,459.705-459.790, Chapters 465,466,467, 

468, or 468A or 468B or any rale or standard or order of the commission adopted or issued pursuant to 459.205-459.426, 

459.705-459.790, Chapters 465,466,467,468,468A, or 468B, that 

results in or creates the imminent likelihood for an extteme hazard to 

the public health or that causes extensive damage to the envkonment, 

may incur a civil penalty of up to $100,000. When determining the 

civil penalty to be assessed under this subsection, the dkector wdl 

apply the following procedures: 

(A) Select one of the following base penalties after evaluating the 

cause of tae violation: 

(i) $50,OCX) if the violation was caused intentionally; 

(U) $75,000 if the violation was caused recklessly; 

(ui) $100,000 if the violation was caused flagrantly. 

(B) Then determine the civil penalty through application of the 

following fonnula: BP + [(.1 x BP) (P -I- H + O + C)] -H EB. 

(b) In addition to any other penalty prescribed by taese mles, any 

person who intentionally or negUgendy causes or permits the discharge 

of oil to waters of tae state will incur a civil penalty not to exceed 

$20,000 dollars for each violation. The amount ofthe penalty is determined by doubting tae penalty derived from appUcation ofthe $8,000 

penalty matrix in 340-012-0140(2) and the civil penalty formula contained in OAR 340-012-0045. 

(c) In addition to any otaer penalty prescribed by these mles, any 

person who willfully or negligently causes or permits the discharge of 

oil to state waters will incur, in addition to any other penalty derived 

from application ofthe $8,000 penalty mattix ki 340-012-0140(2) and 

tae civil penalty formula contained in OAR 340-012-0045, a civil 

penalty commensurate with the amount of damage incurred. The 

amount of the penalty will be detemiined by the dkector wita the 

advice ofthe director ofthe Oregon Department of Pish and Wildlife. 

In determining tae amount of the penalty, tae director may consider 

the gravity ofthe violation, the previous record ofthe violator in complying with the provisions of ORS 468B.450 to 468B.460, and such 

other considerations the dkector deems appropriate. 

(d) In addition to any other penalty prescribed by taese rales, any 

person who has care, custody or conttol of a hazardous waste or a substance that would be a hazardous waste except for the fact that it is not 

discarded, useless or unwanted wiU incur a civil penalty according to 

tae schedule set forth in this subsection for the destraction, due to contamination of food or water supply by such waste or substance, of any 

of the following wildUfe that are property of the state: 

(A) Each game mammal other than mountain sheep, mountain 

goat, elk or silver gray squinel, $400. 

(B) Each mountain sheep or mountain goat, $3,500. 

(C) Each eUc, $750. 

(D) Each silver gray squinel, $10. 

(E) Each game bkd other than wild turkey, $10. 

(F) Each wild tarkey, $50. 

(G) Each game fish other than salmon or steelhead trout, $5. 

(H) Each salmon or steelhead trout, $125. 

(1) Each fur-bearing mammal other than bobcat or fisher, $50. 

(J) Each bobcat or fisher, $350. 

(K) Each specimen ofany wildlife species whose survival is specified by the wildUfe laws or tae laws ofthe United States as threatened 

or endangered, $500. 

(L) Each specimen of any wUdUfe species otaerwise protected by 

the wddlife laws or the laws of the United States, but not otherwise 

refened to in this section, $25. 

(2) The foUowing violations are subject to the civil penalties 

specified below, in lieu of civil penalties calculated pursuant to OAR 

340-012-0045: 

(a) The department wdl assess a field penalty as specified under 

OAR 340-150-0250 unless the department determines that an owner, 

operator or permittee is not eligible for the field penalty. 

(b) Any owner or operator of a vessel discharging ballast water 

in violation of ORS 783.635 may incur a civil penalty not to exceed 

$5,000 for each violation. In determining the amount of the penalty. 

the director will consider whether the violation was intentional, negligent or without any fault and will consider the quaUty and nature of 

risks created by the violation, the previous record of the violator in 

complying with the provisions of 468B.450 to 468B.460, and such 

other considerations the dkector deems appropriate. 

(c) Any owner or operator of a vessel violating the ballast water 

reporting requkements in ORS 783.640 will incur a civil penalty not 

to exceed $500 per violation. 

(d) Ak emission sources operating under the Westem Backstop 

S02 Trading Program will be assessed a civil penalty of at least $5,000 

for each ton and each day of violation in excess of the applicable 

allowance Umitation as determined by OAR chapter 340 division 228. 

(e) Any owner or operator of a confined animal feeding operation that has not applied for or does not have a permit requked by ORS 

468B.050 wiU be assessed a civil penalty of $500. 

(f) Any person that fails to comply with Toxics Use and Hazardous Waste Reduction Plan, system or summaty requkements of 

ORS 465.003 to 465.034 may incur a civd penalty of $500 for each 

violation on each day. 

Stat. Auth.: ORS 465,466,468.020,468.130,468.996 & 783.992 

Stats. Implemented: ORS 465.021,466.785,466.835,466.992,468.090-468.140, 

468.996,468B.220,468B.450& 783.992 

Hist.: DEQ 15-1990, f & cert, ef 3-30-90; DEQ 21-1992, f & cert, ef 8-11-92; 

DEQ 9-2000,f & cert, ef 7-21-00; DEQ 1-2003, f & cert. ef. 1-31-03; Renumbered 

fiom 340-012-0049, DEQ 4-2005, f 5-13-05,cert, ef 6-1-05; DEQ 4-2006, f 3-29-

06,cert, ef 3-31-06; DEQ 14-2008, f & cert, ef 11-10-08 

340-012-0160 

Department Discretion Regarding Penalty Assessment 

(1) In addition to that described in section (3) below, the department has tae discretion to increase a base penalty determined under 

OAR 340-012-0140 to that derived using the next highest penalty 

matrix. Factors that may be taken into consideration in increasing a 

base penalty include the respondent's compliance histoty, the likehhood of future violations, the degree of environmental or human health 

impact, the deterrence impact and other similar factors. 

(2) In determining a civil penalty, the director may reduce any 

penalty by any amount the dkector deems appropriate if the respondent has voluntarily disclosed the violation to the department. In deciding whether a violation has been voluntarily disclosed, the director 

may take into account any considerations the director deems appropriate, including whether tae violation was: 

(a) Discovered through an envkonmental auditing program or a 

systematic compUance program; 

(b) VoluntEuily discovered; 

(c) Promptly disclosed; 

(d) Discovered and disclosed independent of the govemment or 

a takd party; 

(e) Conected and remedied; 

(f) Prevented from recurring; 

(g) Not repeated; 

(h) Not tae cause of significant harm to human health or die environment; and 

(i) Disclosed and conected in a cooperative manner. 

(3) Regardless of any other penalty amount Usted in this division, 

the director has the discretion to increase the penalty to $10,000 per 

violation per day of violation based upon the facts and ckcumstances 

of the individual case. 

(4) For violations of a department-issued permit with more than 

one permittee, the department may issue separate civil penalties to 

each permittee, given compliance objectives, including the level of 

detenence needed. 

Stat. Auth.: ORS 468.020 & 468.130 

Stats. Implemented: ORS 183.745,459.376,459.995,465.900,465.992,466.990, 

466.994,468.090 - 468.140,468.996 & 468B.450 

Hist.: DEQ 4-2005, f 5-13-05, cert. ef. 6-1-05 

340-012-0162 

Inability to Pay the Penalty 

(1) After a penalty is assessed, the department may reduce a 

penalty based on die respondent's inabiUty to pay the full penalty 

amount. In order to do so, the department must receive information 

regarding the respondent's financial condition on a form required by 

the department along with any additional documentation requested by 

the department. 

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(2) If the respondent is currently unable to pay tae full penalty 

amount, the first option is to place the respondent on a payment schedule with interest. The department may reduce the penalty only after 

determining that tae respondent is unable to meet a payment schedule of a lengta the department determines is reasonable. 

(3) In considering the respondent's ability to pay a civil penalty, 

tae department may use the U.S. Environmental Protection Agency's 

ABEL, INDIPAY or MUNIPAY computer models to evaluate a 

respondent's financial condition or ability to pay tae fuU civil penalty amount. Upon request of the respondent, the department will provide die respondent the name of the version of the model used and 

respond to any reasonable request for information about the content 

or operation of tae model; 

(4) The department, at its discretion, may refuse to reduce an 

assessed civd penalty. In exercising this discretion, tae department may 

take into consideration any factor related to the violations or tae 

respondent, including but not Umited to tae respondent's mental state, 

whetaer the respondent has conected the violation or taken efforts to 

ensure the violation will not be repeated, whetaer the respondent's 

financial condition poses a serious concern regarding tae respondent's 

ability to remain m compUance, the respondent's future ability to pay, 

and the respondent's real property or other assets. 

Stat. Auth.: ORS 468.020 & 468.130 

Stats. Implemented: ORS 454.635,454.645,459.376,459.995,465.900,465.992, 

466.990 - 466.994,468.090 - 468.140 & 468B.220 - 468B.450 

Hist.: DEQ 4-2005, f 5-13-05, cert, ef 6-1-05 

340-012-0165 

Stipulated Penalties 

Nothing in OAR 340, division 12 affects the ability of the commission or department to include stipulated penalties in a Mutaal 

Agreement and Order, Consent Order, Consent Judgment or any otaer 

order or agreement issued under ORS Chapters 183,454, 459,465, 

466,467,468,468A, or 468B. 

Stat. Auth.: ORS 454.625,459.995,468.020 & 468.996 

Stats. Implemented: ORS 183.090 & 183.415 

Hist.: DEQ 4-1989, f & cert, ef 3-14-89; DEQ 15-1990, f. & cert, ef 3-30-90; DEQ 

21-1992, f & cert, ef 8-11-92; DEQ 19-1998, f & cert, ef 10-12-98; Renumbered 

fn)m 340-012-0048, DEQ 4-2005, f 5-13-05,cert, ef 6-1-05 

340-012-0170 

Compromise or Settlement of Civil Penalty by Department 

(1) The department may compromise or settle a civil penalty 

assessed in a formal enforcement action at any amount taat the department deems appropriate. In determining whetaer a penalty should be 

compromised or settled, the department may take into account tae following: 

(a) New information obtained through further investigation or 

provided by tae respondent that relates to the penalty determmation 

factors contained in OAR 340-012-0045; 

(b) The effect of compromise or settlement on deterrence; 

(c) Whetaer tae respondent has or is willing to employ extraordinaty means to conect tae violation or maintain compliance; 

(d) Whether tae respondent has had any previous penalties which 

have been compromised or setded; 

(e) Whether the respondent has the ability to pay the civil penalty as detemiined by OAR 340-012-0160; 

(f) Whether the compromise or settlement would be consistent 

wita tae department's goal of protecting human health and the environment; and 

(g) The relative sttength or weakness of tae department's evidence. 

(2) Expedited Enforcement Offers: 

(a) The department may pursue informal disposition of any 

alleged violation by making an expedited enforcement offer. 

(b) The decision as to whether to make an expedited enforcement 

offer with respect to any alleged violation is witain the depeutment's 

sole discretion, except as otherwise provided in this section (2). 

(c) In determining whether to make an expedited enforcement 

offer, the department must consider tae amount of the economic benefit g£uned by the aUeged violator as a result of the noncompUance; 

whether the alleged violator has been the subject of a formal enforcement action or been issued a waming letter or pre-enforcement notice 

for tae same or similar violations; whether the alleged violation is isolated or ongoing; and the mental state of the alleged violator. 

(d) The department wiU not make an expedited enforcement offer 

to settle a Class I violation taat has been repeated within the previous 

three years or to settle a violation taat would be a major magnitade violation under OAR 340-012-0130(3) regardless of whether a selected 

magnitude under 340-012-0135 applies. 

(e) The penalty amount for an alleged violation cited in an expedited enforcement offer will be 40% of tae moderate base penalty listed in OAR 340-012-0140 under the applicable matrix and the applicable classification. 

(f) Participation in tae expedited enforcement program is voluntaty. An alleged violator to whom the department makes an expedited enforcement offer is under no obligation to accept the offer. 

(g) A person to whom an expedited enforcement offer is made 

has 30 calendar days from the date of the offer to accept the offer by 

signing the expedited enforcement offer and submitting the signed 

expedited enforcement offer and payment for the total amount stipulated in the expedited enforcement offer. The signed expedited enforcement offer and payment are deemed submitted when received by the 

department. 

(h) By signing tae expedited enforcement offer and submitting 

payment to tae department in tae total amount stipulated in the expedited enforcement offer, the alleged violator accepts the expedited 

enforcement offer, consents to the issuance of a final order of tae commission which may include a compUance schedule, and agrees to 

waive any right to appeal or seek administrative or judicial review of 

tae expedited enforcement offer, tae final order, or any violation cited 

taerein. 

(i) Expedited enforcement offers incorporated into final orders of 

the commission will be tteated as prior significant actions in accordance wita OAR 340-012-0145. 

(j) The department may initiate a formal enforcement action for 

any violation not settled by acceptance of the expedited enforcement 

offer. 

Stat. Auth.: ORS 459,466,467,468.020 & 468.130,183.415,183.745 

Stats. Implemented: ORS 468.130-140, 183.415, 183.470, 183.745, 459.376, 

459.995,465.900,466.990,466.994,468.035,468.090 -140 & 468B.220 

Hist.: DEQ 78, f 9-6-74,ef 9-25-74; DEQ 22-1984,f & ef 11-8-84; DEQ 22-1988, 

f. & cert, ef 9-14-88, Renumbered from 340-012-0075; DEQ 4-1989,f & cert, ef 

3-14-89; DEQ 15-1990,f& cert.ef 3-30-90; DEQ 21-1992,f& cert.ef 8-11-92; 

Renumbered from 340-012-0047, DEQ 4-2005, f 5-13-05, cert, ef 6-1-05; DEQ 

14-2008, t. & cert, ef 11-10-08 

DIVISION 13 

WILDERNESS, RECREATIONAL, AND 

SCENIC AREA RULES 

Environmental Standards for Wilderness Areas 

340-013-0005 

Statement of Policy 

Wildemess areas represent a nataral resource of unique importance. Congress has protected such areas by enacting the Wildemess 

Act, Public Law 88-577,16 U.S.C. Sec. 1131, et seq. Those wilderness areas located within the geographical Umits of the state are a 

major part of the culttu-Eil heritage of the citizens of Oregon and are a 

key element in developing and maintaining tourism and recreation as 

a viable industty. Thus, the envkonment of wUdemess areas is deserving of the highest level of protection and safeguarding by the state in 

order to preserve Oregon's unique primitive and natural land areas. The 

Wildemess Act allows certain activities in wildemess areas. Most of 

these have minimal present impact on the envkonment. However, mining and some other activities allowed by tae Wildemess Act pose a 

serious threat of a substantial harm to the unique envkonment of 

wUdemess areas. Therefore, it is declared to be the poUcy and purpose 

ofthe Department ofEnvironmental Quality to maintain the environment of wildemess areas essentially in a pristine state and as free from 

ak, water, and noise pollution as is practically possible and to permit 

its alteration only in a manner compatible with recreational use and 

the enjoyment ofthe scenic beauty and splendor of these lands by the 

citizens of Oregon and of the United States. 

[Publications: Publications referenced are available from the agency.] 

Stat. Auth.: ORS 468.020 

Stats. Implemented: ORS 468.035 & 16 USC 1131 et seq. 

Hist.: DEQ 35, f. 2-15-72, ef. 3-1-72 

2010 Edition 

Oregon Administrative Rules Compilation 

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Chapter 340 Department of Environmental Quality 

ing this determination, the agencies may consider tae resources available to process and administer the permit. The agencies may also consider die regulated statas and compUance histOty of the facihty when 

determining whether to accept an application. 

(3) The agency shaU coordinate with other agencies as may be 

necessaty to obtain federal, state and local approvals for issuing a Custom Waiver Pemiit or GEMS Permit. The agency shaU provide a copy 

of each application accepted to the USEPA, and request assistance in 

identifying any decisions for waivers or incentives that require USEPA 

action as expeditiously as possible. 

(4) If the proposed Custom Waiver Permit or GEMS Permit is to 

replace in whole or part any existing pemiit, an application for a Custom Waiver Pemiit or GEMS Permit shall be tteated as an application 

for renewal of a permit under OAR 340-014-0030 or other apphcable 

mle. As long EIS the application is made in a timely manner prior to the 

expiration date of tae existing permit(s), the existing permit(s) shall 

remain in effect until final action has been taken on the Custom Waiver Permit or GEMS pemiit apphcation subject to this section. 

(5) Upon acceptance ofthe application, the agency shall provide 

public notice of the application and the proposed process for considering issuance of the Custom Waiver Pemiit or GEMS Permit, including the proposed timeline for public notice and comment. AppUcations 

for a Custom Waiver Pemiit, GEMS Achiever Permit and GEMS 

Leader Permit shall specify methods in which the public may comment 

on early drafts of the permit. 

(6) The agency shall verify taat tae applicant has satisfied tae criteria for approval of the Custom Waiver Pemiit or GEMS Pemiit. The 

agency shall provide an opportanity for pubUc notice and comment on 

the proposed Custom Waiver Permit or GEMS Permit. All comments 

must be submitted in writing within 30 calendar days from the commencement of the pubUc notice period if such comments are to receive 

consideration prior to final action on tae apphcation. If, within 14 days 

after commencement ofthe pubhc notice period, the agency receives 

written requests from ten 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 agency shall provide such a hearing 

before taking final action on tae appUcation, at a reasonable place and 

time and on reasonable notice. Notice of such a hearing may be given, 

in the agency's discretion, eitaer in the notice accompanying the proposed provisions or in such other manner as is reeisonably calculated 

to inform interested persons. The agency may adopt or modify the proposed provisions or recommend denial of a permit. In taking such 

action, tae agency shaU consider comments received regarding the proposed provisions and any other information obtained which may be 

pertinent to the application being considered. The agency shall provide a response to the major comments received, and make tae 

response avadable to the facility and the persons who provided comments on the draft permit prior to taking final action on the Custom 

Waiver Pemiit or GEMS Permit. 

(7) The decision of an agency to refuse to issue a Custom Waiver Pemiit or GEMS Permk is not subject to judicial review. The decision of an agency to issue a Custom Waiver Permit or GEMS Pemiit 

may be appealed in accordance with the provisions of ORS 468.513. 

Stat, Auth.: ORS 468.020 

Stats.Implemented: ORS468.501,468.503,468.506,468.508,468.511,468.513, 

468.516,468.518 & 468.521 

Hist.: DEQ 13-1999, f & cert, ef 9-14-99 

340-014-0150 

Procedures for Renewing Custom Waiver Permits or GEMS 

Permits 

Upon receipt of an application for renewal ofthe Custom Waiver Pemiit or GEMS Permk, the agency shall verify that the permittee 

continues to meet the criteria for approval ofthe Custom Waiver Permit or GEMS Pemiit, and evaluate whether the waivers should be continued. The agency shall provide public notice ofthe renewal application and proposed changes in the Custom Waiver Pemiit or GEMS 

Pemiit, in accordance with die procedures described in OAR 340-014-

0145(6). 

Sut. Auth.: ORS 468.020 

Stats. Implemented: ORS 468.501,468 J03,468 J06,468.508,468.511,468.513, 

468.516,468.518 & 468.521 

Hist.: DEQ 13-1999, f & cert, ef 9-14-99 

340-014-0155 

Procedures for Modifying Custom Waiver Permits or GEMS 

Permits 

(1) A facility wita a GEMS pemiit may apply for a different type 

of GEMS Pemiit at any time. 

(2) A faciUty with a Custom Waiver Permit or a GEMS pennit 

may apply for a modification of the terms or conditions of a Custom 

Waiver Permit or GEMS pemiit at any time. Upon receipt of an appUcation for modification, the agency shall determine whether the proposed modification is a minor modification or a significant modification, taking into consideration whether modifications to waivers are 

proposed. If the proposal is a significant modification, the agency shaU 

follow the procedures described in OAR 340-014-0145. If tae proposal 

is a minor modification, the agency shall provide pubUc notice in 

accordance with 340-014-0145(5), and if, within 30 days after commencement of the public notice period, the Department receives written requests from ten persons, or from an organization or organizations 

representing at least ten persons, for reconsideration as a signific£uit 

modification, then the agency shall follow all of the remeiining procedures described in 340-014-0145. 

(3) An agency may propose to modify a facility's GEMS permit 

in accordance widi the procedures described ki OAR 340-014-0160(4) 

if the faciUty no longer meets the criteria for its GEMS pemiit but may 

meet the criteria for a different type of GEMS pennit. Upon receipt 

of the conective action report and upon completion of such additional investigation as may be requked, the agency wiU either modify the 

permit in accordance with the procedures above, or witadraw its intent 

to modify the permit. 

Stat. Auth.: ORS 468.020 

Stats. Implemented: ORS 468.501,468.503,468.506,468.508,468.511,468.513, 

468.516,468.518 & 468 J21 

Hist.: DEQ 13-1999, f & cert, ef 9-14-99 

340-014-0160 

Termination of Green Permits 

(1) A faciUty may terminate a Custom Waiver Permit or GEMS 

Permit by providing 30 days written notice to the agency. 

(2) An agency may terminate the facility's GEMS Permit in 

accordance with the procedures in subsection (4) if: 

(a) The facility does not develop an annual performance report 

and make it available to the agency and the public in a timely fashion; 

(b) The facility no longer meets the criteria for approval for a 

GEMS Pemiit or the facility is not effectively implementing its environmental management system; 

(c) The facility is found guilty of a criminal violation of environmental law; 

(d) The facility fails to correct a violation discovered through routine envkonmental management system reviews or agency inspections 

within a reasonable time frame; or 

(e) The facility experiences repeat violations that reflect a serious underlying deficiency in tae faciUty's envkonmental management 

system. 

(3) An agency may terminate the facdity's Custom Waiver Permit in accordance wita the procedures in subsection (4) if k fails to 

comply with any term or condition in the Custom Waiver Pemiit, or 

if the facility is found gudty of a criminal violation of environmental 

law. 

(4) In the event that an agency decides to temiinate a Custom 

Waiver Pemiit or GEMS Permit, it shall notify the permittee by registered mail or by personal service of its intent to terminate the permit. Such notification shall include the reasons for the termination. 

Such notice shall allow the permittee a reasonable period of time witain which to conect the alleged deficiencies and to submit a conective 

action report to the agency confuming that the faciUty has been 

brought into compliance or will be brought into compliance witain a 

reasonable time considering all the ckcumstances. Upon receipt ofthe 

conective action report and upon completion of such additional investigation as may be requked, the agency will either temiinate the Custom Waiver Permit or GEMS Permit, modify the Custom Waiver Permit or GEMS Pemiit, or withdraw its intent to terminate. A termination 

shall become effective 30 days from the date of mailing ofthe final 

notice of temiination unless within that time the permittee requests a 

hearing before the Environmental Quality Conimission or its autaorized representative. Any hearing held shall be conducted pursuant to 

OAR 340, division 11. 

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(5) If the agency finds that there is a serious danger to the public health or safety and if grounds exist for termination as set forth 

above, it may, pursuant to applicable statates and mles, suspend or 

revoke a Custom Waiver Permit or GEMS Permit effective immediately. Notice of such suspension or revocation must state the reasons 

for such Eiction and advise tae permittee taat a hearing before the Environmental QuaUty Commission or its autaorized representative may 

be requested. Such a request for hearing shaU be made in writing to 

the Agency within 90 days ofthe date of suspension and shall state the 

grounds for tae request. Any hearing shall be conducted pursuant to 

OAR 340, division 11. 

(6) After an agency or facility issues a final notice of temiination 

of a Custom Waiver Permit or GEMS Permit in the manner provided 

above, the permittee shall have 30 days to apply for any pemiit or 

approval affected by the termination of all or a portion of the Custom 

Waiver Pemiit or GEMS Pennit. An application filed during the 30-

day period shall be considered a timely application for renewal of a 

permit under die terms of tae apphcable law. The apphcation form may 

request reinstatement of tae permit contUtions that were in effect prior 

to the issuance of the Custom Waiver Permit or GEMS permit. The 

terms and conditions of the Custom Waiver Permit or GEMS Pemiit 

shall continue in effect untd a final permit or approval is issued or 

denied. In order to achieve an orderly transition and compliance with 

the envkonmental laws, tae agency may issue an order estabhshing 

conditions for the interim operation of tae facility. 

(7) Custom Waiver Pennits and GEMS Permits are issued to the 

official apphcant of record and shall be automatically terminated witain 60 days after sale or exchange of the facUity or activity which is covered by the permit unless a permit transfer is pending or completed. 

The new owner or operator may apply for a ttansfer of tae Custom 

Waiver Pemiit or GEMS Pemiit to transfer tae official applicant of 

record. For any such transfer, the agency shall foUow the procedures 

for modifying Custom Waiver Permits or GEMS Permits described in 

OAR 340-014-0155. The application for O'ansfer shall be made at least 

60 days prior to the sale or exchange of tae facdity or activity. The 

applicant shall demonstrate to the agency's satisfaction that the applicant can continue to meet the requirements of tae Custom Waiver Permit or GEMS Permit. Upon receipt of an application for ttansfer, the 

agency shall determine whetaer tae proposed transfer is a minor modification or significant modification. 

Stat. Auth.: ORS 468.020 

Stats. Implemented: ORS 468301,468.503,468.506,468J08,468.511,468.513, 

468.516,468318 & 468.521 

Hist.: DEQ 13-1999, f & cert, ef 9-14-99 

340-014-0165 

Cost Recovery 

The agency shall recover the costs of the agency in developing, 

negotiating, and pubUcizing, a Custom Waiver Pemiit or GEMS Permit, and may recover the costs of administering a Custom Waiver Permit or GEMS Permit, including permit modifications and renewals, in 

the followuig manner: 

(1) The apphcant or permittee shall fully reimburse the agency 

for the agency's invoiced dkect and indkect costs of conducting the 

review, negotiating the relevant permit revisions or conditions, 

responding to pubhc comment, administering the Custom Waiver Permit or GEMS Permit, monitoring the provisions in tae Custom Waiver Permit or GEMS Permit and environmental outcomes resulting from 

the Custom Waiver Permit or GEMS Permit, and pubUcizing and conducting tae pubUc hearings. Indkect costs shall be comprised of general management, support, administrative and overhead costs of the 

agency taat tae agency deems to be allocable using generally accepted accounting principles. 

(2) The agency shall provide the apphcant with a budget diat estimates the dkect and indkect costs taat will be charged to tae apphcant 

under this section upon acceptance of the application. During the permit application process and during tae term of tae pemiit once issued, 

the agency shall provide quarterly updates of estimated futare costs. 

(3) "The agency shall appropriately document tae direct and indirect costs of the agency and collect payment for such costs from the 

permittee. The agency shall collect a deposit from the applicant, 

against which tae agency shall bill until the deposit is depleted. When 

the deposit is depleted, the agency shah collect an additional deposit. 

The initial deposit shall accompany the apphcant's initial Custom 

Waiver Permit or GEMS Pemiit application and shall be in the amount 

of $5000. The agency shall deUver to the applicant or permittee an 

accounting of all charges and the amount of the deposit remaining at 

the closure of each month's accounting records. 

Stat. Auth.: ORS 468.020 

Stats. Implemented: ORS 468.501,468.503,468.506,468.508,468.511,468313, 

468.516,468.518 & 468.521 

Hist.: DEQ 13-1999, f & cert, ef 9-14-99 

DIVISION 16 

POLLUTION CONTROL TAX CREDITS 

340-016-0005 

Purpose 

The purpose of these mles is to prescribe procedures and criteria to be used by tae Department and Commission for issuance of tax 

credit certificates for pollution control faciUties. These rales are to be 

used in connection wita ORS 468.150 to 468.190. These mles become 

effective upon filing wita the Secretaty of State or on Febraaty 1,2001 

whichever is the later date and apply to all applications received by the 

Department on or after that date except where otherwise noted herein. An applicant with an appUcation pending Commission action on 

tae date these rales become effective may elect to proceed under these 

rales by informing the Department in writing. 

Stat. Auth.: ORS 468.150 

Stats. Implemented: ORS 468.150 - 468.190 

Hist.: DEQ 12-1984, f. & ef 7-13-84; DEQ 5-1998, f 4-24-98,cert. ef. 5-1-98; DEQ 

1-2001, f. 1-30-01, cert. ef. 2-1-01 

340-016-0007 

Facilities certified under the 1999 Edition 

For the purposes of ORS 468.173(1), a faciUty may be certified 

under the 1999 edition of 468.155 to 468.190 if the faciUty was substantially completed on or before December 31,2001, and an application was filed with the Department within two years after the date 

of substantial completion. 

Stat. Auth.: ORS 468.020 & 483.335(5) 

Stats. Implemented: ORS 468.155 - 468.190 

Hist.: DEQ 16-2002, f. 10-28-02 cert. ef. 11-1-02 

340-016-0009 

Certification of wood chippers 

For the purpose of subdelegating authority to approve and issue 

final certification of pollution conttol faciUties under OAR 340-016-

0080(2): 

(1) The Envkonmental CJuaUty Commission autaorizes the Dkector of the Department of Envkonmental QuaUty or the Dkector's delegate to certify wood chippers as provided in OAR 340-016-

0060(4)(h)(C) if 

(a) The Department determines the facility is otherwise eligible 

under OAR 340-016-0060; and 

(b) The claimed faciUty cost does not exceed $50,000 as set forth 

in OAR 340-016-0075(1). 

(2) The Department may elect to defer certification of any facility to the Environmental Quality Commission. 

(3) ff the Department determines the facility cost, the percentage 

of tae facility cost allocable to pollution conttol, or the applicable percentage under ORS 468.173 is less than the apphcant claimed on the 

application then tae Department shall: 

(a) Notifying the applicant in writing; and 

(b) Include a concise statement of the reasons for the proposed 

certification of a lesser amount or percentage; and 

(c) Include a statement advising the apphcant of thek rights under 

section (4). 

(4) Applicants that receive a notification under section (3) may 

elect to defer certification to the Envkonmental Quality Conimission 

by notifying the Department witain 30 days of tae notification date. 

(5) The Department shaU defer certification to the Envkonmental Quality Commission according to sections (2) and (4). 

(6) The Director or the Director's delegate shall certify faculties 

that otherwise qualify under this mle and have not been defened 

according to sections (2) or (4). 

Stat. Auth.: ORS 468.020 & 483.335(5) 

Stats. Implemented: ORS 468.155 - 468.190 

Hist.: DEQ 16-2002, f 10-28-02 cert, ef 11-1-02 

2010 Edition 

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Chapter 340 Department of Environmental Quality 

340-016-0010 

Definitions 

The definitions in this mle give meaning to tae term or phrase as 

used in OAR 340-016-0005 through 340-016-0080. 

(1) "Applicant" means any person who applies for a pollution 

conttol tax credit under these mles. 

(2) "Ckcumstances Beyond the Conttol ofthe Applicant" means 

facts, conditions and ckcumstances which tae apphcant's due care and 

diUgence would not have avoided. 

(3) "Conimission" means Envkonmental Quahty Commission or 

the Commission's delegate. 

(4) "Department" means Department ofEnvironmental Quality. 

(5) "Facdity" as used m context means: 

(a) A pollution conttol faciUty as set forth in ORS 468.150 and 

468.155; or 

(b) The facihty as claimed on the appUcation. 

(6) "Like-for-Like Replacement Cost" means the current price of 

providing a new facility ofthe same type, size and constmction materials as the facility that is being replaced based upon the Consumer 

Price Index (CPI) — AU Urban Consumers as published by the Bureau 

of Labor Statistics. 

(7) "Material Recovety" means any process, such as pre-segregation, for obtaining materials from solid waste, hazardous waste or 

used oil. The recovered materials shall stdl have useful physicsil or 

chemical properties after serving a specific purpose and can, therefore, 

be reused or recycled for the same or other purpose. The recovered 

material shall have useful physical or chemical properties that yield 

a competitive end-product of real economic value. The material recovety process does not include processes: 

(a) In which the major purpose is the production of fuel from 

solid waste, hazardous waste or used oil which can be utilized for heat 

content or other forms of energy; or 

(b) That bums waste to produce energy or to reduce the amount 

of waste. However, it does not eUminate from eligibiUty a poUution 

conttol device associated with a process which bums waste if such 

device is otherwise eligible for pollution conttol tax credk under these 

mles. 

(8) "Nonpoint Source PoUution" means pollution that comes 

from numerous, diverse, or widely scattered sources of pollution that 

together have an adverse effect on the environment. The meaning 

includes: 

(a) The definition provided in OAR 340-041-0006(17); or 

(b) Any sources of ak poUution that are: 

(A) Mobile sources that can move on or off roads; or 

(B) Area sources. 

(9) "PoUution Conttol" means the eUmination, prevention, conttol or reduction of ak, water or noise pollution; or the utilization of 

sohd waste, hazardous waste, or the recycling or properly disposing 

of used oil except where otherwise noted herein. 

(10) "Reconstraction or Replacement" means the provision of a 

new facdity with qualities and pollution conttol characteristics equivalent to the faciUty taat is being replaced. This does not include repairs 

or work done to maintain the facility in good working order. 

(11) "Spill or Unautaorized Release" means: 

(a) The discharge, deposit, injection, dumping, spilling, emitting, 

releasing, leakage or placing of oil, hazardous materials or other polluting substances into the air or into or on any land or waters of the 

state, as defined in ORS 468.700, except as authorized by a permit 

issued under ORS Chapter 454,459,468 or 469,466.005 to 466.385, 

466.880(1) and (2), 466.890 and 466.995(1) and (2) or federal law 

while being stored or used for its intended purpose; and 

(b) For purposes of determining eUgibility for tax credits under 

these mles, poUuting substances released into the envkonment m conjunction with operation of a previously approved faciUty or activity 

where such faciUty or activity was operated in compliance with 

requkements imposed by the Department or the Federal Envkonmental Protection Agency, and where the polluting substances which 

must now be cleaned up are determined by the Department to have 

been an unanticipated result of the approved facUity or activity and are 

not deemed to be a "spill or unauthorized release." 

(12) "Substantial Completion" means the completion ofthe erection, installation, modification, or constmction of all elements of the 

claimed facUity which are essential to perform its purpose. 

(13) "Useful Life" means tae number of years the claimed facdity is capable of operating before replacement or disposal. The applicant sh^l provide a statement of how the useful Ufe of tae facdity was 

determined. The minimum useful Ike shall not be less than three years 

or tae Asset GuideUne Period used to report the depreciation of the 

facility to the Intemal Revenue Service. 

Stat. Auth.: ORS 468.150 

Stats. Implemented: ORS 468,150 - 468.190 

Hist.: DEQ 12-1984, f & ef 7-13-84; DEQ 5-1985, f & ef 3-12-85; DEQ 20-1987, 

f & ef 12-16-87; DEQ 6-1990, f & cert, ef 3-13-90; DEQ 5-1998, f 4-24-98, cert. 

ef 5-l-98;DEQ 1-2001,f 1-30-01,cert.ef 2-1-01 

340-016-0055 

Application Procedures 

Any Oregon taxpayer may apply for tae certification of a pollution conttol facility to take relief from thek Oregon tax liability. The 

applicant and tae faciUty shall be eUgible under ORS 307.405, 

315.304, and 468.150 to 468.190. The applicant shall submit tae appUcation to the Department on the application form provided by the 

Department. 

(1) Application for Preliminaty Certification. An applicant may 

apply for preliminaty certification of a pollution conttol faciUty to 

determine k a futare faciUty would meet the certification requirements 

as set forth m OAR 340-016-0060. The applicant may submit the 

optional preUminaty appUcation anytime before tae constmction of the 

pollution conttol facUity is complete. If the Conimission issues a preliminaty certificate and if tae apphcant constracts the facility as represented on the preliminaty appUcation and the preliminaty certificate 

then the facility shall meet the requkements as set forth in 340-016-

0060. The preliminaty certification of a facdity does not exempt the 

applicant from submitting a timely application for final certification 

as set forth in section (2) of this rale. 

(2) AppUcation for Final Certification. The apphcant shall submit all information, exhibits and substeuitiating documents requested 

on the appUcation for final certification. The Department shall reject 

the apphcation for fmal certification k the applicant fails to submit the 

application: 

(a) After the constmction of the facihty is substantially complete 

and the facility is placed in service; 

(b) Within one year after constmction of the facility is substantially completed; and 

(c) On or before December 31,2008. 

(3) Complete Application. The applicant shall submit to the 

Department an apphcation as set forth in section (1) or section (2) that 

is complete and ready to process. For an application to be complete 

and ready to process, tae applicant shall: 

(a) Complete all required appUcation fields; 

(b) Provide all appropriate exhibks; 

(c) Explain how the facility is eligible for a pollution conttol tax 

credit as set forth in OAR 340-016-0060. The apphcant shall include 

supporting documentation if the facihty is eligible for certification 

based upon orders or pennit limitations; 

(d) Include the appropriate fees established in OAR 340-016-

0065; 

(e) Provide documentation that substantiates the faciUty cost as 

claimed on the application for final certification and as set forth in 

OAR 340-016-0070; 

(f) Contain a statement that the facihty is in compliance with 

Department statutes, mles and standards, and any documentation 

regarding non-complicuice; 

(g) Sign the apphcation certifying that aU claims made on the 

apphcation are trae and accurate; 

(h) Provide a copy of a written agreement between the lessor and 

lessee designating the party to receive the tax credit if the applicant is 

claiming a tax credit for a leased facdity. The applicant shall provide 

a copy of the cover, first and signatare pages of the complete and current lease agreement for the facility. The Department may request a 

copy of the complete agreement; and 

(i) Provide a copy of a written and signed agreement between the 

owners designating the party or parties to receive tae tax credit certificate if the apphcant is claimmg die tax credit for a faciUty with more 

than one owner 

(4) Department Notification. The Department shall notify the 

applicant in writing when: 

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(a) Rejecting an application for tae applicant's failure to file a 

timely application as set forth in sections (1) and (2) of this rale or 

rejecting an appUcation for failure to provide a timely response as set 

forta in subsection (5)(a) of this rale. 

(b) Requiring additional information from the applicant. The 

Department shall request additional information within 60 days from 

tae date tae Department received the application if tae Department is 

unable to complete the review; 

(c) Requiring additional information, for applications for final 

certification only, if the Department is unable to determine the actaal cost of tae faciUty or the portion of the actaal cost of tae facility 

properly allocable to pollution conttol; 

(d) Notifying tae appUcant of the date, tune and place of tae 

Commission meeting where the Commission shall take action on tae 

application; and 

(e) Notifymg the applicant of the action taken by the Commission. If tae Commission rejects an application for certification; certifies a lesser actaal cost of the facility; or certifies a lesser portion of 

tae actaal cost properly allocable to pollution conttol, material recovety or recycling than the applicant claimed in the apphcation for certification , tae Commission shall cause written notice of its action, and 

a concise statement of the fmdings and reasons therefore, to be sent 

by registered or certified mail to the apphcant. 

(5) Applicant Response to Notification. The applicant: 

(a) Shall respond to the Department within 60 days of receipt of 

the Department's written notification when tae Department requests 

additional information as set forth m section (4) of this rale. The apphcant shall respond by providing tae additional information requested 

or by submitting a written estimate of the time needed to provide tae 

information necessaty to complete tae application. 

(b) May appeal from the rejection or reduction as provided in 

ORS 468.170(3) and 468.110. 

(6) Extension of Time. The Commission may grant an extension 

of time to submit an application for final certification. An extension 

of time: 

(a) Shall only be considered for applications that may exceed the 

time limits set forth in section (2) of this rale; 

(b) Shall not extend tae period for fiUng an application beyond 

December 31,2008; and 

(c) Shall only be granted for ckcumstances beyond the control 

of the applicant that would make fiUng a timely appUcation unreasonable. 

[ED. NOTE: Applications referenced are available from the agency.] 

Stat. Auth.: ORS 468.020 

Stats. Implemented: ORS 468.165 & 468.170 

Hist.: DEQ 5-1998, f 4-24-98, cert, ef 5-1-98; DEQ 4-2004(Terap), f. & cert, ef 

6-8-04 thru 12-5-04; DEQ 9-2004, f & cert, ef 11-19-04 

340-016-0060 

Eligibility 

(1) EUgible Facilities. FaciUties eUgible for pollution control tax 

credit certification shaU include any land, stractare, building, installation, excavation, machinety, equipment or device, or altemative 

methods for field sanitation and straw utilization and disposal. An eligible faciUty shall be reasonably used, erected, constracted or instaUed 

as: 

(a) A new facility; 

(b) An addition or improvement to an existing faciUty; or 

(c) The reconstraction or replacement of an existing facihty. 

(2) Purpose of Facility. The facihty shall meet the principal purpose requkement to be eUgible for a pollution conttol faciUty tax credit certification, or if the facility is unable to meet tae principal purpose 

requkement, the faciUty shall meet tae sole purpose requkement to be 

eligible for a pollution conttol tax credit: _ 

(a) Principal Purpose Requkement. The principal purpose of the^ 

facility is the most important or primaty purpose of the facility. Each 

facility shall have only one principal purpose. The facility shall be 

estabUshed to comply wita envkonmental requkements imposed by 

the Department, the federal Envkonmental Protection Agency or a 

regional ak pollution authority to conttol, reduce, or prevent ak, water 

or noise pollution, or for the material recovety of solid waste, hazardous waste or used oil; or 

(b) Sole Purpose Requkement. The sole purpose of the facility 

shall be the exclusive purpose of the facility. The only function or use 

of the faciUty shall be tae conttol, reduction, or prevention of pollution; or for the material recovety of soUd waste, hazardous waste or 

used oil. 

(3) Facihty Compliance. The facdity shaU achieve compUance 

with Department statates and rales, or Commission orders or permit 

conditions before the Conimission issues certification as a pollution 

conttol facility. 

(4) Eligible Activities. The facility shall prevent, reduce, conttol, 

or eliminate: 

(a) Air contamination by use of ak cleaning devices as defined 

in ORS 468A.005 or through equipment designed to prevent, reduce 

or eliminate air contaminants prior to discharge to the outdoor atmosphere; 

(b) Altematives to Open Field Buming. The facdity shall reduce 

or eliminate: 

(A) Open field buming and may include equipment, facilities, 

and land for gataering, densifying, handhng, storing, ttansporting and 

incorporating grass sttaw or sttaw based products; 

(B) Ak quahfy impacts from open field buming and may include 

propane bumers or mobile field sanitizers; or 

(C) Grass seed acreage taat requires open field buming. The facUity may include: 

(i) Production of altemative crops taat do not require open field 

buming; 

(ii) Production of rotation crops that support grass seed production without open field buming; or 

(Ui) Drainage tile installations and new crop processing faciUties. 

(c) Hazardous Waste. The facihty shall tteat, substantially reduce 

or eUminate hazardous waste as defined in ORS 466.005 or utiUze 

material as set forth in subsection (4)(e) of this mle; 

(d) Industrial Waste. The facility shall dispose of, eUminate or be 

redesigned to eUminate industrial waste and the use of tteatment works 

for industrial wastewater as defined in ORS 468B.005; 

(e) Hazardous Waste, SoUd Waste and Used Oil Material Recovety. The facility shall eliminate or obtain useful material from material that would otherwise be solid waste as defined in ORS 459.005, 

hazardous waste as defined in 466.005, or used oil as defined in 

468.850. The facility shall produce an end product of utilization that 

is an item of real economic value and is competitive with an end product produced in anotaer state. The facihty shall produce tae end product by mechanical processing, chemical processing; or through the 

production, processing, pre-segregation, or use of materials which: 

(A) Have useful chemical or physical properties and which may 

be used for the same or other purposes; or 

(B) May be used in the same kind of application as its prior use 

without change in identity. 

(f) Noise Pollution. The facility shall substantially reduce, eUminate or be redesigned to eliminate noise pollution or noise emission 

sources set forta in OAR 340-035-0005 du'ough 340-035-0100; 

(g) SpiUs or Unauthorized Releases. The facility shaU be used to 

detect, defer or prevent spills or unautaorized releases. This does not 

include any faciUty installed, constracted or used for cleanup after a 

spill or unauthorized release has occuned; or 

(h) Nonpokit Source Pollution. Pursuant to ORS 468.155(2)(b), 

tae EQC has detemiined that the following faciUties reduce, or control sigiuficant amounts of nonpoint source pollution: 

(A) Any faciUty that implements a plan, project, or strategy to 

reduce or control nonpoint source pollution as documented: 

(i) By one or more partaers listed m the Oregon Nonpoint Source 

Conttol Program Plan; or 

(U) In a Federal Clean Ak Act State Implementation Plan for Oregon; or 

(B) Any facility effective in reducing nonpoint source pollution 

as documented in supporting research by: 

(i) Oregon State University, Agricultaral Experiment Station; or 

(u) The United States Department of Agricultare, Agricultare 

Research Service; or 

(iii) The Oregon Department of Agriculture; or 

(C) Wood chippers used to reduce openly bumed woody debris; 

or 

(D) The rettofit of diesel engines with a diesel emission conttol 

device, certified by the U.S. Environmental Protection Agency. 

Stat. Auth.: ORS 468.150 

Stats. Implemented: ORS 468.150 - 468.190 

Hist.: DEQ 5-1998, f 4-24-98, cert, ef 5-1-98; DEQ 1-2001, f 1-30-01, cert, ef 

2-1-01 

2010 Edition 

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Chapter 340 Department of Environmental Quality 

340-016-0065 

Fees 

The appUcation fee shall be made payable to tae Department of 

Envkonmental Quality and shall not be refunded to the applicant 

except as set forth in section (3) of this rale. The application fee shall 

be based upon the facility cost after any reductions as set forth ORS 

340-016-0070(1). 

(1) Application Fee for PreUminaty Certification. If the applicant 

chooses to submit the optional application for preliminEuy certification as set forth m OAR 340-016-0055(1), the applicant shaU submit 

the appropriate preliminaty application fee of: 

(a) One-half of one percent of the estimated facility cost as 

claimed on tae preliminaty appUcation. The minimum fee shall be $50 

and the maximum fee shall be $7,500; or 

(b) $50 for prelkninaty applications claiming altematives to open 

field buming. 

(2) Application Fee for Final Certification. The apphcant shall 

submit the appropriate fmal application fee: 

(a) One percent of tae estimated facdity cost as claimed on the 

final apphcation. The minimum fee shall be $50 and the maximum fee 

shall be $ 15,000. ff the appUcant received a preUminaty certificate and 

tae facility claimed on the final application: 

(A) Was budt substantially as represented on the preUminEity certification, the applicant may subttact the amount of the preUminaty 

application fee paid from the final application fee; or 

(B) Was not built substantially as represented on the preliminaty 

certification, the applicant shall not subttact the amount of tae preliminaty application fee paid from the final application fee. 

(b) $50 for final applications claiming altematives to open field 

buming. 

(3) Refunds. The Department shall refund 50% ofthe preUminaty 

and final appUcation fee paid only if the preliminaty or the final application is rejected or denied. The preUminaty and final appUcation fee 

for altematives to open field buming shall not be refunded any amount 

under this rale. 

Smt. Auth.: ORS 468.150 

Stats. Implemented: ORS 468.150 - 468.190 

Hist.: DEQ 5-1998, f 4-24-98, cert. ef. 5-1-98 

340-016-0070 

Determining the Facility Cost 

(1) Facility Cost. The applicant shaU provide documentation sufficient to substantiate tae faciUty cost. The faciUty cost shall be reduced 

by the: 

(a) Salvage value of a pre-existing facility if the applicant is 

replacing a faciUty. The salvage value shall never be less than zero and 

shaU be tae value of the pre-existing faciUty at tae end of its useful life 

minus the cost to remove it from service; 

(b) Amount of any govemment grants received to pay part of the 

facihty cost; 

(c) Present value of any other state tax credits for which the 

investment is eligible; and 

(d) Ineligible faciUty costs as set forth in section (3) and as determined by comparing the actaal facility costs with eligible costs as set 

forta in section (2). 

(2) Eligible Costs. For costs to be eligible, they shall make a significant contribution to poUution conttol and shall dkectly relate to tae 

acquisition and installation ofthe facility. Eligible costs may include: 

(a) Machinety, equipment and devices; 

(b) Sttuctures and buddings; 

(c) Design or engineering; 

(d) Employee or contractor labor; 

(e) Indkect costs hmited to employees of tae apphcant's business 

that dkectly performed the engineering, acquisition or installation 

work; 

(f) Govemment fees associated with the installation ofthe equipment; 

(g) Freight; 

(h) Excavation; 

(i) Materials and supplies needed for installation; 

(j) Travel directly related to pittchased equipment; 

(k) For underground and aboveground storage tank systems holding pettoleum, waste oil and hazardous substances: 

(A) Modification and decommissioning of existing tank systems; 

and 

(B) Ninety percent of any automatic tank gauging system. 

(1) Essential backup systems; 

(m) Replacement or reconstraction of aU or a part of any faciUty for which a pollution conttol facility certificate has previously been 

issued under ORS 468.170, Umited to: 

(A) An amount equal to the difference between the cost the new 

facility and the Idie-for-like replacement cost of tae original facihty 

if the facUity is being replaced due to a new requkement imposed by 

the Department, the federal Environmental Protection Agency or a 

regional air pollution authority; or 

(B) The remainder of the tax credit certified to the facihty being 

replaced if a facihty is replaced or reconstmcted before the end of its 

useful life; and 

(n) Other costs dkectly related to the principal or sole purpose 

of the facility. 

(3) Ineligible Costs. The applicant and the Department shall 

reduce the facdity cost by any ineligible costs. Ineligible costs are any 

distinct portion of a pollution conttol facility taat makes an insignificant contribution to the principal or sole purpose ofthe facihty; or provides benefits of economic value; or where the costs are not directly 

related to the operation of the industty or enterprise seeking the tax 

credit but were installed as a result of the facihty. Ineligible costs 

include but are not hmited to: 

(a) Office buildings and furnishings; 

(b) Parking lots and road improvements; . 

(c) Automobiles; 

(d) Landscaping; 

(e) External lighting; 

(f) Company or related signs; 

(g) Ak conditioners; 

(h) Property installed, constracted or used for clean up of emergency spills or unauthorized releases, as defined by the Conimission; 

(i) Septic tanks or other faciUties for human waste mcluding property installed, constracted or used for moving sewage to the collecting faculties of a public or quasi-pubUc sewerage system; 

(j) Removal of equipment replaced by tae faciUty except for tanks 

as set forth in paragraph (2)(k)(A) of this rale; 

(k) Replacement or reconstraction of all or a part of any facility 

for which a pollution control faciUty certificate has previously been 

issued under ORS 468.170, except as set forth m subsection (2)(m) of 

this rale; 

(1) Application fees for a pollution control tax credit; 

(m) Start-up costs; 

(n) Asbestos abatement; 

(o) Purchased equipment used to install the facility; 

(p) Maintenance, operation, or repak of a facUity, including spare 

parts; 

(q) Owner's time; 

(r) Interest, wananty charges, financing costs, capitalized costs 

(property taxes, capitaUzed interest, etc.), insurance premiums, legal 

fees, court costs, patent searches and feasibihty stadies; and 

(s) Travel for research purposes. 

(4) Statement of Facility Cost. The appUcant shall provide an 

auditor's statement that the facility cost claimed on the application for 

final certification is eligible and allocable as set forth in this rale and 

OAR 340-016-0070. The facility cost prior to any reductions, as set 

forth 340-016-0070(1), shall determine tae degree of independence of 

the auditor: 

(a) The applicant may prepare the auditor's statement when the 

facility cost: 

(A) Does not exceed $50,000; or 

(B) Exceeds $500,000. When the facility cost exceeds $500,000, 

the applicant shall also aUow the Department to perform an independent accounting review to be paid by the Department. 

(b) The applicant shall have the auditor's statement prepared by 

an independent Certified Public Accountant when the facihty cost 

exceeds $50,000 but does not exceed $500,000. 

(5) Waiver of Extemal CPA's Audit. The applicant may submit 

a written request and the Department may grant a waiver of tae independent accounting review: 

(a) If the faciUty cost can be thoroughly documented by less than 

twenty invoices or canceled checks; 

(b) ff the faciUty is not part of a larger constmction project; and 

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(c) If the faciUty consists of a single pollution conttol component 

or a single pollution conttol process. 

(6) More Than One Owner. If there is more than one owner 

applying for tax relief for the same faciUty, each owner may be 

required to obtain a separate certification of cost as set forth in this section. The faciUty cost claimed by each owner separately shall not 

exceed the total cost of tae facility. 

Stat. Auth.: ORS 468.150 

Stats. Implemented: ORS 468.150 - 468.190 

Hist.: DEQ 5-1998, f 4-24-98, cert, ef 5-1-98 

340-016-0075 

Determination of Portion of Facility Cost Allocable to Pollution 

Control 

The appUcant shall provide the information necessaty for the 

Conimission £uid the Depeutment to determine tae portion of tae facility cost allocable to poUution control as set forth in ORS 468.190 and 

this rale. The portion of the faciUty cost properly allocable to pollution control shaU be from zero to 100 percent m increments of one percent. If the portion is zero percent, tae Commission shaU issue an order 

denykig the certification. 'The faciUty cost for diis mle shaU be the cost 

as set forta in OAR 340-016-0070(1) after the reduction of tae salvage 

value. 

(1) Facility Cost Does Not Exceed $50,000. The Commission 

shall only consider the percentage of time the facility is used for pollution conttol as opposed to any other purpose when determiiung the 

percentage ofthe facility cost allocable to pollution conttol for faculties with costs that do not exceed $50,000. The remaining sections in 

this mle shall not be applicable to these faciUties. 

(2) Facility Cost Exceeds $50,000. The Commission shaU consider tae five factors in tais section when establishing the portion of 

the facihty costs properly allocable to pollution conttol for facilities 

quaUfying for certification under ORS 468.170. These five factors shall 

be considered only when the facihty cost exceeds $50,000 under sections (3), (4) and (5) of this rale. In considering tae five factors and 

thek applicabUity to taese mles, the Commission may determine in its 

findings that one or more factors are more important than otaers and 

may assign different weights to the factors when determining tae portion of costs properly allocable to pollution conttol: 

(a) The extent to which the facility is used to recover and convert waste products into a salable or usable commodity; 

(b) The estimated annual percent retam on the investment in tae 

facility; 

(c) The altemative methods, equipment and costs for achieving 

tae same pollution control objective; 

(d) Related savings or increases in costs which occur or may 

occur as a result of the installation of the facility; or 

(e) Other factors which are relevant in estabhshing the portion of 

the actaal cost ofthe facdity properly allocable to the prevention, conttol or reduction of air, water or noise pollution, sohd or hazardous 

waste or to recycling or properly disposing of used oil. 

(3) Non-Integral Facilities. The Department shall determine the 

percentage ofthe facihty cost allocable to pollution conttol as set forth 

in this section if the faciUty is not "integral to tae operation of the 

applicant's business" as set forth in subsection (4)(a) of this rale. The 

applicant shall: 

(a) Determine the Average Annual Cash Flow from the faciUty. 

The average annual cash flow is calculated by summing the five annual cash flows in this subsection as calculated through paragraph 

(3)(a)(C) and dividing the sum by five. Where the useful life of the 

facihty is less than five years, sum tae annual cash flows for tae useful Ufe ofthe facihty and divide tae sum by tae useful life. The apphcant shall: 

(A) Estimate gross annual revenue for each of the first five full 

years of operation. Revenue includes tae estimated total annual income 

directly related to the operation of the facdity. Revenue includes 

income derived from sale or reuse of recovered materials or energy or 

any other means including savings that may occur as a result of the 

faciUty. The Department may requke additional mformation or documentation regarding gross annual revenue estimates for evaluation 

purposes; 

(B) Estimate the annual operating expenses for each of the first 

five full years of operation. Operating expenses shall be the estimated annual cost of operating the facihty. Operating expenses may 

include labor, utilities, property taxes, insurance, and other cash 

expenses, less any savings in expenses attributable to installation of 

the facility. Operating expenses shall not include depreciation, interest expenses, and state and federal taxes; and 

(C) Subttact the estimated annual operating expenses set forth in 

paragraph (3)(a)(B) from the estimated gross annual revenues set forth 

in paragraph (3)(a)(A) for each of tae first five full years of operation. 

(b) Determine the Retam on Investment Factor (ROI Factor) by 

dividing the facihty cost by the average annual cash flow as set forth 

in subsection (3)(a) of this rale. 

(c) Determine the Facility Retum on Investment (Facility ROI) 

by using the Facility ROI — Table 1 provided wita the appUcation. At 

the top of Table 1, find the number equal to the number of years of tae 

useful life of the facility. In the column under tae useful hfe, find the 

number closest to the ROI Factor as set forta in subsection (3)(b) of 

this rale. Follow this row to the leftmost column to find the FaciUty 

ROI. Table 1 shaU be developed utilizing the following equation: 

[Table not mcluded. See ED. NOTE.] 

(d) Determine the National Retum on Investment (National ROI) 

from the National ROI — Table 2 provided with the apphcation. Select 

the National ROI that conesponds with the year constmction was completed on the facility. The National ROI Table 2 shaU be developed by 

averaging tae prior five years' rates of retum before taxes on total assets 

for aU United States manufacturing corporations as found in the Quarteriy Financial Report for Manufacturing. Mining and Trade Corporations, pubUshed by the U.S. Department of Commerce, Bureau of the 

Census. [Table not included. See ED. NOTE.] 

(e) Determine the Portion of Actaal Costs Properly AUocable to 

Pollution Conttol. ff the Facility ROI as set forth in subsection (3)(c) 

is: 

(A) Greater than or equal to the National ROI as set forth in subsection (3)(d) then tae percentage of tae facility cost properly allocable to pollution conttol shall be zero percent. 

(B) Less than tae National ROI as set forth in subsection (3)(d) 

then the percentage of tae facdity cost properly allocable to pollution 

conttol shsill be determined by the equation: [Equation not included. 

See ED. NOTE.] 

(4) Facdities Integral to the Operation of the AppUcant's Business. This section applies only to facdities costing over $50,000, to 

applications received by the Department on or after Febmaty 1,1993, 

and to £uiy facility that tae Conimission deterrrunes to be "integral to 

the operation ofthe applicant's business" as set forth in this section. 

The Department shall use the steps in this section to determine the portion of the facility cost taat is allocable to pollution conttol for facilities detemiined to be "integral to the operation of tae applicant's business." 

(a) Determine if the Facility is Integral to the Operation of the 

Applicant's Business. A facihty is integral to the operation ofthe apphcant's business when the business is unable to operate or is only able 

to operate at reduced income levels, without the claimed pollution conttol facdity as detemiined by the Commission. Such instances include, 

but are not liniited to, commercial solid waste and hazardous waste 

landfills, solid and hazardous waste recycUng businesses, and environmental service providers. A poUution conttol facility integral to the 

operation of the applicant's business does not include a facility that 

meets the principal purpose requkement as set forta in OAR 340-016-

0060(3)(a) unless the pollution conttol facility meets one or more of 

the factors included in this definition. Factors that tae Department may 

use to determine whether a pollution conttol faciUty is integral to the 

operation ofthe business include: 

(A) The facility represent in excess of 25 percent of the total 

assets ofthe business; or 

(B) The facility was erected, constracted, or installed in 

response to market demand for such pollution conttol facilities. This 

may occur as the result of requkements imposed by tae Department, 

the Federal Envkonmental Protection Agency or regional ak pollution 

authority, on parties unaffiliated with the appUcant; or 

(C) Erection, constmction, or installation ofthe facility and any 

previously certified pollution conttol facilities, allows the applicant to 

generate gross revenues at least 50 percent greater than would have 

been generated in the absence of the claimed faciUty and any previously certified pollution conttol faciUties; or 

(D) The apphcant's operating expenses related to operation of the 

facility and any previously certified pollution control facilities are at 

least 50 percent ofthe operating expenses ofthe applicant's business. 

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(b) Determine tae National Retum on Investment (National ROI) 

from National ROI Table 2 provided with the appUcation. Select the 

National ROI that conesponds with the year constmction was completed on the facility. Table 2 shaU be developed as set forta in subsection (3)(d) of this rale. 

(c) Determine the Industty Average Profit (Industty AP) by summing tae "industty median profit before taxes as a percent of total 

assets" for the five years prior to the year tae facility was completed as 

found m Robert Morris Associates. Annual Statement Stadies under tae 

applicant's primaty four digit Standard Industrial Classification (SIC) 

and dividing the sum obtained by five. Where five years are not available, sum the number of years taat are avadable and divide by the number of years avadable. If the Annual Statement Stadies do not list tae 

"industty median profit before taxes as a percent of total assets" for the 

apphcant's SIC, the appUcant and tae Department shall determine 

whetaer an altemate SIC is appropriate for the applicant's business. If 

no altemate SIC is appropriate for the apphcant's busmess or k an appUcant is dissatisfied with the percent allocable determination made using 

tae procedures in this section, tae percent allocable shall be determined 

using tae procedures set forth in section (5) of this mle; 

(d) Determine the Portion of Actaal Costs Properly Allocable to 

Pollution Conttol. If the Industty AP as set forth in paragraph (4)(c) 

is: 

(A) Greater than or equal to the National ROI as set forth in subsection (4)(b), the percentage ofthe faciUty cost allocable to pollution 

control shall be zero percent; 

(B) Less than the National ROI as set forth in paragraph (4)(b), 

the percentage of the facihty cost allocable to pollution conttol shall 

be determined by the equation: [Equation not included. See ED. 

NOTE.] 

(5) Altemate for Facihties Integral to Apphcant's Business. If the 

applicant and the Department determine that no altemate Standard 

Industrial Classification (SIC) is appropriate for tae applicant's business as set forth in subsection (4)(c) of this rale, the percent allocable to pollution conttol shall be determined usmg die procedures set 

forth in tais section. 

(a) Defmitions. The following definitions shall be used in this 

section: 

(A) "Annual Incremental Cash Row" means the estimated annual cash flow for each year of the useful life of tae claimed poUution 

control facility that is integral to the operation of applicant's business 

calculated as follows: 

(i) Calculate the applicant's annual cash flow including the 

claimed facility by subttacting the annual operating expenses for tae 

applicant's business from the gross annual income for the applicant's 

business for each year of the useful life of the claimed facility; and 

(U) Calculate the applicant's annual cash flow assuming taat the 

claimed facility was not erected, constracted, or installed by subttacting tae annual operating expenses for the applicant's business 

using this assumption from the gross annual income for the apphcant's 

business using this assumption for each year of the useful life of the 

claimed facility; and 

(iii) Subttact the apphcant's annual cash flow assuming that tae 

claimed facility was not erected, constracted, or installed from the 

annual cash flow with the claimed facility for each year ofthe useful 

life of the claimed facility. 

(B) "Annual Operating Expenses" means the estimated costs of 

operating the apphcant's business including labor, utiUties, property 

taxes, insurance, and other cash expenses, less any savings in expenses. Depreciation, interest expenses, euid state and federal taxes are not 

included; 

(C) "Gross Annual Income" means the estimated total annual 

income from the applicant's business including savings that may 

occur; 

(D) "Intemal Rate of Retum" means the rate of retam that will 

equate the present value of the annual incremental cash flows over the 

useful life ofthe claimed facility with the present value ofthe claimed 

facility cost. 

(b) The appUcant shall fumish the following information to the 

Department: 

(A) An income statement, balance sheet, statement of cash flows, 

and federal and state tax retums (if applicable) for tae applicant's business for the applicant's three fiscal years prior to the date of submission ofthe application. If three years of such statements are not available, tae applicant shaU submit information for the years that are available; 

(B) Revenue and expense projections, and cash flow projections 

for the apphcant's business beginning with tae year the appUcation is 

submitted and continuing for the entke useful Ike of the poUution control facdity. The level of detail of these projections shaU be substantially equivalent to the level of detail of infonnation submitted in paragraph (A) of this subsection. The Department may elect to provide the 

applicant with a worksheet for this purpose; 

(C) Revenue and expense projections, and cash flow projections 

for the applicant's business for tae entke useful life of the claimed 

facdity assuming that the claimed pollution control faciUty was not 

erected, consttiicted or installed; 

(D) A projection ofthe applicant's futare capital expenditures for 

the pollution conttol facility; 

(E) A letter signed by the applicant authorizing the Department 

to contract with an independent certified pubhc accountant to review 

the financial information provided by the appUcant. The appUcant shall 

agree to reimburse the Department for tae cost of this review; 

(F) Using the information submitted in paragraphs (A)-(D) of 

this subsection, the Department shall calculate an Intemal Rate of 

Retam for the claimed facility by considering tae claimed facUity cost 

and annual incremental cash flow. The Intemal Rate of Retam shall 

be compared to the National ROI from Table 2 as set forth in subsection (4)(b) of this rale; 

(G) If the applicant's Intemal Rate of Retam is greater taan the 

reference rate, the percent allocable shall be zero percent; 

(H) If the applicant's Intemal Rate of Retam is less than the reference rate, the percent allocable shall be determined by the foUowing formula: 

[ED. NOTE: Tables and Equations referenced are available from the agency.] 

Stat. Auth.: ORS 468.150 

Stats. Implemented: ORS 468.150 - 468.190 

Hist.: DEQ 5-1998, f. 4-24-98, cert, ef 5-1-98 

340-016-0080 

Certification 

(1) The Preliminaty Certificate. The Conimission shall pre-certify the eUgibUity of a facUity if the Conimission determines the facUity is eUgible for a pollution conttol tax credit certificate as set forta 

in OAR 340-016-0060. The certificate shall be prima facie evidence 

that the faciUty is qualified for certification for tax relief under ORS 

468.167. Preliminaty certification shedl not ensure that the facility constracted will receive certification under 468.167 or tax relief under 

307.405 or 315.304. 

(2) The Final Certificate. The Commission shall certify the actual cost of a pollution conttol faciUty as set forth m OAR 340-016-0070 

and the portion of the cost properly allocable to pollution conttol as 

set forth in ORS 468.190 and OAR 340-016-0075 if die Department 

determines the facility is eligible for pollution conttol tax credit certification as set forth in OAR 340-016-0060. The certificate: 

(a) Shall bear a separate serial number for each such facility; 

(b) May certify two or more facilities which constitate an operational unit under one certificate; 

(c) Is effective for purposes of tax relief according to the provisions of ORS 307.405 or 315.304; 

(d) ShaU be granted: 

(A) For 10 consecutive years beginning with tax year ofthe person taking the tax credk; or 

(B) For 20 consecutive years for corporations organized under 

ORS Chapters 62 or 65 that utilize ad valorem tax-relief The portion 

of the facility allocable to pollution conttol shall be exempt from ad 

valorem taxation. 

(e) ShaU be Umited to that portion of the eligible and allocable 

facility costs, as set forth in OAR 340-016-0070 and 340-016-0075 

representing the taxpayer's investment in tae pollution conttol facilify-

(f) May certify portions of a facility qualifying under ORS 

468.165(l)(c) separately under this section if portions ofthe facihty 

are owned by more than one person. The actual cost certified for all 

portions of a facdity separately certified under this subsection shaU not 

exceed the total cost of the facUity that would have been certified under 

one certificate. The provisions of 307.405 or 315.304, whichever is 

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applicable, shall apply to any sale, exchange or other disposition of a 

certified portion of a facility. 

(g) May certify a lesser actual cost of the facility or a lesser portion of the actual cost properly allocable to poUution conttol, material recovety or recycling than was claimed in the application for certification. 

(3) Revocation. The Commission may order the revocation of the 

final tax credit certification as set forth in ORS 468.185. The Department shall notify the Department of Revenue and the county assessor 

of the county in which the facihty is located as soon as the order of 

revocation or reinstatement under tais section has become final. 

(a) Cause for Revocation. Pursuant to the procedures for a contested case under ORS 183.310 to 183.550, the Conimission may order 

revocation of a tax credit for: 

(A) Fraud or Misrepresentation, if tae certificate was obtained by 

fraud or nusrepresentation. All prior tax reUef provided to the certificate holder by virtae of such certificate shall be forfeited. The Department of Revenue or tae proper county officers shall proceed to collect 

taxes not paid by tae certificate holder as a result of the tax relief 

provided to tae holder under any provision of ORS 307.405 and 

315.304; or 

(B) Failure to Operate Facility, if the certificate holder has failed 

substantially to operate the facility for tae purpose of, and to the extent 

necessaty to meet the specifications of the certificate; or in compUance 

with tae applicable Department or Commission statutes, mles, orders 

or pennit conditions. The certificate holder shall be denied any further 

reUef provided under ORS 307.405 or 315.304 ki connection wita such 

facility from and after tae date taat the order of revocation becomes 

final. 

(b) Suspended Revocation. The Conimission may suspend tae 

revocation of a certificate when operation of a facihty ceases if tae certificate holder indicates in writing taat tae facihty will be retumed to 

operation within five years time. In the event that tae facility is not 

retumed to operation as indicated, the Conimission shall revoke tae 

certificate. 

(c) Impact on Adjacent Facilities. The Commission may revoke 

tax credits held for any facihty or piece of equipment which is for the 

purpose of preventing, conttolling, reducing, or eliminating pollution 

to the same media and which is at a location adjacent to the non-complying facility. 

(d) Reinstatement. The Commission may reinstate any revoked 

tax credit certification if the Commission finds tae non-complying 

facility has been brought into comphance. The tax credit certification 

shall be reinstated for the remaining period ofthe tax credit, less tae 

period beginning on the date the Commission revokes the certificate 

and ending on the date tae Commission reinstates tae certificate. 

(4) Sale, Exchange or Disposition of Facility. The certificate 

holder shall provide tae Department wita written notice upon any sale, 

exchange or other disposition of the certified pollution control facdity. Upon request, tae taxpayer shall provide a copy ofthe conttact or 

other evidence of disposition of the property to tae Department of 

Envkonmental Quality. Upon sale or exchange of tae facility, the certificate holder may request that the Commission ttansfer a tax credit 

from one holder to another, the Commission shall reissue the certificate to the new holder, and the Department shall report the ttansfer of 

the certificate to the Department of Revenue as set forta in ORS 

307.405 and 315.304. 

Stat. Auth.: ORS 468.150 

Stats. Implemented: ORS 468.150 - 468.190 

Hist.: DEQ 5-1998, f 4-24-98, cert, ef 5-1-98 

Pollution Prevention Tax Credits 

340-016-0100 ^ - -^ 

Purpose 

The 1995 Oregon Legislatare estabUshed a pilot program to 

determine tae desirabihty of a tax credit program which encourages 

businesses to utiUze technologies or processes that prevent the creation 

of ak pollutants. The purpose of these rales is to prescribe procedures 

and criteria to be used by the Department and Commission for 

issuance of pollution prevention tax credits. These mles are to be used 

to implement ORS 468A.095 through 468A.098. 

Stat. Auth.: ORS 468.020 

Stats. Implemented: ORS 468A.095,468A.0% & 468A.098 

Hist.: DEQ 11-1996, f & cert, ef 7-24-96 

340-016-0110 

Definitions 

(1) AppUcant: A person who applies for a pollution prevention 

tax credk under these mles. It includes a sole proprietor, partnership, 

limited partnership, joint venture, C corporation, S corporation, limited liabiUty company, cooperative association, or non-profit corporation that files an Oregon tax retam. 

(2) Business Location: A stationaty source of ak emissions as 

defined ki OAR 340-028-0110. 

(3) Conimission: Envkonmental Quahty Commission. 

(4) Cost: The capital equipment costs and expenses the Department finds are needed to acquke, erect, build, or instaU an emission 

prevention project under these rales. 

(a) Costs may include: 

(A) Certifiable capital and installation costs, including payments 

for fees to design or engineer tae project; 

(B) Govemment fees associated with installation of tae equipment, 

(C) Shipping; and 

(D) Materials and supplies needed to install the project. 

(b) Tangible equipment costs shall be at least 50% of the total 

costs claimed for the emission prevention project. 

(c) Costs may not include: 

(A) Interest and warranty charges; 

(B) Legal fees and court costs; 

(C) Patent searches; 

(D) Tax credk appUcation and fiUng fees; 

(E) Costs to maintain, operate, or repak a project, including spare 

parts; 

(F) Costs to remove existing equipment which is being replaced 

by tae emission prevention project; 

(G) Constmction equipment needed to install the project; or 

(H)Land. 

(d) ff the emission prevention project is installed under a lease, 

lease-option or lease-pittchase conttact, tae lessee's cost to acquke the 

tangible assets of tae emission prevention project is the present value 

ofthe lease payments. The lease costs shfjl not include taxes, insurance, interest, and operating and maintenance costs. Payments to be 

made in tae futare shall be discounted to present value. 

(5) Department: tae Oregon Department of Envkonmental Quality. 

(6) Dkector: the Director of the Department of Environmental 

Quality. 

(7) Emission prevention project: production technologies or processes, or components of production technologies or processes, 

installed at a business location within Oregon which meet tae criteria 

in OAR 340-016-0120. 

(8) InstaUed: tae completion of erection, installation, modification, or constmction of all elements of the emission prevention project which are essential to perform its purpose. 

(9) Targeted Emission Source Categories: categories of sources 

that qualify for a pollution prevention tax credit under OAR 340-016-

0120: 

(a) 40 CFR 63320 to 63 J25 (National Perchloroethylene Ak 

Emissions Standards for Dty Cleaning Facilities); 

(b) 40 CFR 63340 to 63347 (National Emission Standards for 

Chrorruum Emissions from Hard and Decorative Chromium Electtoplating and Chromium Anodizing Tanks); or 

(c) 40 CFR 63460 B63469 (National Emission Standards for 

Halogenated Solvent Cleaning). 

Stat. Auth.: ORS 468.020 

Stats. Implemented: ORS 468A.095,468A.096 & 468A.098 

Hist.: DEQ 11-1996, f & cert, ef 7-24-96 

340-016-0120 

Emission Prevention Projects Which Qualify for a Pollution 

Prevention Tax Credit 

(1) Any person may apply for certification under OAR 340-016-

0130 ofthe cost of production technologies or processes installed at a 

business location within Oregon and producing emission levels and 

types not subject to regulation under Section 112 ofthe Clean Ak Act 

of 1990 (PL. 101-549) if 

(a) The technologies or processes are installed in replacement of 

technologies or processes taat produce emission levels and types taat 

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are subject to, or are installed in lieu of systems taat would produce 

emission levels and types subject to regulation under: 

(A) 40 CFR 63320 to 63325 (national perchloroethylene ak 

emissions standards for dty cleaning faciUties); 

(B) 40 CFR 63340 to 63347 (national emission standards for 

chromium emissions from hard and decorative chromium electtoplating and chromium anodizing tanks); or 

(C) 40 CFR 63460 to 63469 (national emission standards for 

halogenated solvent cleaning); and 

(b) The technologies or processes are installed on or after Januaty 

1,1996 and on or before December 31,1999; and 

(c) The cost of the technologies and processes does not quEihfy for 

certification under ORS 468.165 and 468.170. Subject to any applicable limits on credit amounts, the grjuiting of a certification of a pollution conttol facility under 468.165 and 468.170 shaU not prevent an 

appUcation under this section for tae cost of technologies and processes 

not included in the pollution conttol facility. 

(A) Pollution prevention tax credit appUcants may submit a combined application form to determine whetaer the technologies or processes would qualify for a pollution conttol facility tax credit. 

(B) If the applicant can clearly demonsttate taat no portion of tae 

project is eUgible for pollution conttol tax credits, then the Department 

shall make its determination as part of its pollution prevention tax credit recommendation to the Envkonmental QuaUty Commission. 

(C) If a project could potentially qualky for bota pollution conttol and poUution prevention tax credits, and tae appUcant can clearly 

demonsttate that less taan 10% ofthe cost claimed in the apphcation, 

up to a maximum of $7500, may qualify for pollution conttol tax credits, taen the Department shall make its determination as part of its pollution prevention tax credit recommendation to the Envkonmental 

Quality Conimission. 

(D) If a project could potentially qualify for both pollution conttol and pollution prevention tax credits, and the portions of tae project 

which would quaiUfy for pollution conttol tax credits and poUution prevention tax credits are easily separable and distinguishable, and they 

are not eUgible for combined review under section (C) of this rale, then 

the projects shall be considered separate projects and shall be applied 

for separately accompanied by appropriate fees. 

(E) If a project could potentially quaUfy for both pollution conttol and pollution prevention tax credits, and if tae portions of tae project which would quahfy for poUution conttol tax credits and poUution 

prevention tax credits are intenelated portions of a system and are not 

easily separable and distinguishable, then tae applicant shall apply for 

the poUution control tax credit first to identify which portions ofthe project wiU be certified under pollution conttol tax credits prior to submitting an application for pollution prevention tax credits. 

(2) Emission prevention projects may include, but are not limited to, the foUowing process or technologies, or components ofthe process or technologies. Projects may also include the rettofit of existing 

equipment to accommodate use of altemative chemicals. 

(a) Dty cleankig facilities: 

(A) Multiprocess wet cleaning systems; 

(B) Equipment using pettoleum based solvents or other altematives to perchlorethylene; 

(C) Large washing machines if tae applicant can demonstrate that 

it was installed in lieu of solvent usage; 

(D) Equipment which results in perchloroethylene use of less than 

140 gaUons per year per faciUty and quahfication as a smaU area source 

under 40 CFR 63320 to 63325 (national perchloroethylene ak emissions standards for dty cleaning facilities). 

(b) Hard and decorative chromium electtoplating and chromium 

anodizing tanks: 

(A) Equipment using replacement technologies for chrome, 

including but not hmited to: 

(i) Vety hard electtoless nickel deposits; 

(ii) Replacement of hard chromium wita nickel/boron; 

(iu) Equipment using ion beam processing altematives: 

(B) Chrome free conversion coating for aluminum 

(C) Zinc phosphates which replace chromates on steel for prepaint applications, and other phosphates on aluminum which are used 

as a replacement for or instead of standard chromates as a pre-paint on 

aluminum base materials. 

(D) Equipment using trivalent chrome as a replacement for hexavalent chrome 

(E) Equipment which results in emissions below the levels specified in 40 CFR 63340 to 63347 (National Emission Standards for 

Hard and Decorative Chromium Electtoplating and Chromium 

Anodizing Tanks). 

(c) Halogenated solvent cleaning: 

(A) Vapor degreasers that use nonhalogenated solvents; 

(B) Ulttasonic cleaners; 

(C) Aqueous, nonaqueous or semiaqueous cleaning systems; 

(D) Hot and cold caustic dip tanks; 

(E) Equipment which results in emissions below the levels specified in 40 CFR 63460 to 63469 (National Emission Standards for 

Halogenated Solvent Cleaning). 

(3) In order to qualify for a pollution prevention tax credit, the 

business location must: 

(a) Be registered under the Clean Ak Act Title HI National Emission Standards for Hazardous Ak PoUutants, if it currently operates systems which would be regidated under tae federal regulations referenced 

in section (1) of this rale; or 

(b) Certify that the process or technology was installed in lieu of 

systems used by targeted emission source categories, as required by 

Section (1) of this rale. 

Stat. Auth.: ORS 468.020 

Stats. Implemented: ORS 468A.095,468A.096 & 468A.098 

Hist.: DEQ 11-1996, f & cert, ef 7-24-96 

340-016-0130 

Procedures for Processing Pollution Prevention Tax Credits 

(1) Filing of AppUcation 

(a) A written appUcation for poUution prevention tax credit certification shall be made to the Department on a form provided by the 

Department. One origuial and one copy shaU be submitted. The appUcation shall include, but not be hmited to, tae following information: 

(A) Identifying infonnation, including company name and 

address, plant name and address k different from company's name, and 

telephone number and names of plant site contact persons. 

(B) A description ofthe emission prevention project, and a statement explaining how the technologies or processes, including process 

components, used will prevent or eliminate the emissions regulated 

under 40 CFR 63320 to 63325 (national perchloroethylene ak emissions standards for dty cleanuig faciUties); 40 CFR 63340 to 63347 

(national etnission standards for chromium emissions from hard and 

decorative chromium electtoplating and chromium anodizing tanks); 

or 40 CFR 63460 to 63469 (national emission standards for halogenated solvent cleaning). 

(C) A summaty and accounting of tae actaal emission prevention 

project costs. Records of project costs, such as canceled checks, kivoices and receipts, shall be retained by the business. Records must be 

maintained untd the tax year in which the tax credits claimed are no 

longer subject to Department of Revenue audit. 

(D) A statement verifying tae date the project was installed. 

(E) A statement that the project is in accord with local, state and 

federal envkonmental laws and regulations. 

(F) If the project is leased, a copy of the lease. 

(G) Information which will allow the Commission to determine 

whetaer tae project is eUgible for a poUution conttol tax credit. 

(H) Otaer information the Dkector considers necessaty to assure 

a project complies with these rales. 

(I) Certification by a responsible official of trath, accuracy and 

completeness ofthe application and attachments. 

(b) The appUcation shall be submitted within one year of installation ofthe technologies or processes. Failure to submit a timely apphcation shall make tae cost of a technology or process ineUgible for certification. The Conimission may grant an extension of time, not 

exceeding one year, to submit em application when circumstances 

beyond the conttol of the applicant would make a timely submittal 

unreasonable. 

(c) An appUcation shall not be considered filed until it is complete 

and ready for processing. To be deemed complete, an applicant shall 

provide all information requked in subsection (l)(a) of this rale, and 

the information shall be sufficient to determine whether the emission 

prevention project and associated costs qualify for certification and that 

the project is installed in accordance with federal, state and local environmental statutes, rales and standards. This means that all requested 

information is fiimished by the applicant, and the Department notifies 

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the applicant in writing that the application is complete and ready for 

processing. 

(d) AppUcations which are obviously incomplete, unsigned, or 

which do not contain the requked exhibits, clearly identified, wiU not 

be accepted by the Department for filing and shall be retumed to tae 

applicant for completion. 

(e) Within 60 days after the receipt of an application, the Department shaU request any additional information that tae appUcant needs 

to submit in order for the application to be considered complete. The 

Department's request for adcUtional information may be considered an 

automatic request for extension of time to file the application. The 

appUcant shall submit the requested information within 30 days ofthe 

date when the Department requested tae infonnation unless the appUcant requests in writing a reasonable amount of additional time to submit the requested information. 

(2) Commission Action: 

(a) Notice of tae Department's recommended action on tae appUcation shall be mailed to the apphcant at least seven days before the 

Commission meeting where the apphcation will be considered unless 

the apphcant waives tae notice requirement in writing. The Commission shall act on an application for certification before the 120th day 

after the fiUng of a complete appUcation. The Conimission may consider and act upon an application at any of its regular or special meetings. The matter shaU be conducted as an informal public informational 

hearing, not a contested case hearing, unless ordered otaerwise by the 

Conunission. 

(b) Certification: 

(A) The Conimission shall certify the cost of technologies or processes for which an apphcation has been made under this rale, if the 

Commission finds that the technologies or processes: 

(i) Were installed in accordance with the requkements of OAR 

340-016-0120. 

(U) Furtaer die mtents and purposes of 40 CFR 63320 to 63325 

(national perchloroetaylene ak emissions standards for dty cleaning 

facilities); 40 CFR 63340 to 63347 (national emission standards for 

chromium emissions from hard and decorative chromium electtoplating and chromium anodizing tanks); or 40 CFR 63460 to 63469 

(national emission standards for halogenated solvent cleaning). 

(B) The action ofthe Cominission shall uiclude certification ofthe 

actaal cost of tae technologies or processes resulting ui tae elimination 

of emissions regulated under 40 CFR 63320 to 63325 (national perchloroethylene ak emissions standards for dty cleaning facihties); 40 

CFR 63340 to 63347 (national emission standards for chromium 

emissions from hard and decorative chromium electtoplating and 

chromium anodizing tanks); or 40 CFR 63460 to 63.469 (national 

emission standards for halogenated solvent cleaning). Each certificate 

shall bear a separate serial number for each such emission prevention 

project. 

(C) The amount of the actaal cost certified for all technologies or 

processes installed in any taxable year at a single business location shall 

not exceed $75,000. 

(D) The Commission may certify the cost of more than one technology or process at a location under one certificate. 

(E) The actaal cost certified shaU not exceed the applicant's own 

cash investment in tae technologies or processes. 

(F) No determination of the portion of tae costs to be certified 

shall be made until a complete appUcation is filed. 

(G) A certificate under this rale is effective for purposes of tax 

relief in accordance with ORS 315 311 if the technologies or processes were installed on or after Januaty 1,1996 and on or before December 31,1999. 

(H) Certification of an emission prevention project quaUfying 

under this mle shaU be granted for a period of five consecutive years, 

beginning with the tax year of the person in which tae technology or 

process is certified under this section. 

(I) ff the person receiving tae certificate is a partaership, each partner shall be entitled to take tax credit reUef beginning with the tax year 

following the tax year of certification as provided in ORS 315.304, 

based on that partner's pro rata share of the certified cost of the technology or process as determined by tae partaer's pro rata share of tae 

busmess that installed the technology or process. 

(J) If tae Commission approves for certification an emission prevention project but all fiinds have been allocated for that targeted group 

or calendar year in accordance wita OAR 340-016-0140, then tae certification shaU be delayed pending availability of funds. The applicant 

will not need to resubmit an application. 

(K) If the Commission is acting on several applications but there 

is only enough funding for some of tae appUcations in accordance with 

OAR 340-016-0140, the order in which the apphcations were filed as 

complete and ready for processuig wiU determine tae order in which 

tax credit certificates are issued. 

(c) Rejection: 

(A) If tae Department has allocated all funds for this pilot under 

ORS 468A.098(7), the Department may reject all appUcations made 

after exhaustion of fimds, and all applications which were approved 

pending availability of funds. 

(B) If the Department determines that tae application is incomplete for processing and the apphcant fails to submit requested information within 30 days of the date when tae Department requested the 

information, the application wdl be rejected by the Department unless 

tae apphcant requests in writing additional time to submit the requested iniformation. 

(C) If the apphcation is submitted after the one year period following installation and an extension request has not been filed prior to 

tae end of the one year period followuig mstallation, die appUcation wdl 

be rejected by the Department. 

(D) ff tae Commission rejects an apphcation for certification, or 

certifies a lesser actaal cost of the technologies or processes than was 

claimed m tae application for certification, the Commission shall cause 

written notice of its action, and a concise statement ofthe findings and 

reasons taerefore, to be sent by registered or certified mail to the apphcant before the 120ta day after tae filing ofthe application. 

(d) Appeal: If the application is rejected by the Commission for 

any reason other than achievement ofthe program hmitation imposed 

under OAR 340-016-0140, including the iriformation furnished by tae 

applicant as to the cost of the technologies or processes, or if the applicant is dissatisfied with tae certification of the actual cost of the technology or process, the applicant may appeal the rejection as provided 

in ORS 468.110. The rejection of tae certification is final and conclusive on all parties unless the appUcant takes an appeal taerefrom as provided in 468.110 before tae 30ta day after notice was mailed by tae 

Conimission. 

Stat. Auth.: ORS 468.020 

Stats. Implemented: ORS 468A.095,468A.096 & 468A.098 

Hist.: DEQ 11-1996, f & cert, ef 7-24-96 

340-016-0140 

Limitations and Rankings on Certified Costs 

(1) The total actaal cost certified for aU projects completed on or 

after Januaty 1, 1996 or on or before December 31, 1999, shall not 

exceed $5200,000. Funds shall be allocated equaUy over the four year 

period except as provided in subsection (3) of this rale, and distributed equally to targeted emission source categories in accordance with 

subsection (2) of this mle. 

(2) The Director may set aside $433333 per year of costs certified for each of the targeted emission source categories. If the amount 

set aside for a targeted emission source categoty is not allocated to 

sources within taat categoty by November 15 of each year, it may be 

used for other targeted emission source categories in the order in which 

the appUcation was filed. 

(3) Final certification shall be awarded first to targeted emission 

sources for which a set-aside has been estabUshed, then to other targeted 

emission sources, in the order in which the applications were filed as 

complete and ready for processing, until all funds are allotted for a calendar year. If the amount of set-aside is not allotted in a calendar year, 

it may be carried over and distributed equally to each of the targeted 

emissions source categories' annual set-aside to be used m tae next calendar year until all funds are allotted. 

Suit. Auth.: ORS 468.020 

Stats. Implemented: ORS 468A.095,468A.096 & 468A.098 

Hist.: DEQ 11-1996, f & cert, ef 7-24-96 

340-016-0150 

Fees 

(1) The foUowing fees must accompany each application for a 

pollution prevention tax credit: 

(a) Fding fee in the amount of $100. The filing fee is nonrefundable. 

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(b) AppUcation processing fee in the amount of 1% of the cost 

claimed in the application, up to a maximum fee of $750. If the application is rejected or witadrawn at a later date, DEQ may refund the 

application processing fee. 

(2) The applicant shall submit an amount equal to the sum ofthe 

fiUng fee and the application processing fee with each application, 

made payable to tae Department ofEnvironmental Quality. No appUcation is considered complete until tae filing fee and apphcation processing fee are submitted. 

(3) The fees shaU not be considered by the Conimission as part 

of the cost of the faciUty to be certified. 

Stat, Auth.: ORS 468.020 

Suits. Implemented: ORS 468A.095,468A.096 & 468A.098 ^ 

Hist.: DEQ 11-1996, f & cert, ef 7-24-96 

Truck Engine Tax Credits 

340-016-0210 

Purpose 

This rale estabUshes Department of Envkonmental Quality policies and procedures for issuing tax credits to Oregon taxpayers that 

purchase qualifying track engines in accordance with Oregon Law 

2003, Chapter 618, Sections 28 through 32. These mles apply only to 

purchases made on or after September 27,2007, and certificates issued 

on or before December 31,2011. 

Stat. Auth.: OL 2003, Sec. 28-32, reprinted in a note following ORS 315.356 

Stats. Implemented: OL 2003, Sec. 28-32, reprinted in a note following ORS 

315.356 

Hist.: DEQ 8-2004, f. & cert, ef 9-17-04; DEQ 9-2008, f & cert, ef 7-11-08 

340-016-0220 

Definitions 

(1) "DEQ" means the Department of Envkonmental Quality. 

(2) "The 2003 Laws" means Oregon Laws 2003, Chapter 618, 

Sections 28 through 32 as reprinted in a note following ORS 315.356. 

(3) "Program limitation" means the maximum amount of 

$500,000 taat DEQ may approve in tax credits for aU taxpayers in any 

one calendar year as provided by Section 29(3) of the 2003 Laws. 

(4) "Tax credit" or "credit" means tae track engine tax credit or 

the amount of the track engine tax credit. 

(5) "Taxpayer limitation" means the maximum amount of 

$80,000 in tax credits taat DEQ may approve for one taxpayer in any 

one calendar year as provided by Section 28(3) ofthe 2003 Laws. 

Stat. Auth.: OL 2003, Sec. 28-32, reprinted in a note following ORS 315.356 

Stats. Implemented: OL 2003, Sec. 28-32, reprinted in a note following ORS 

315.356 

Hist.: DEQ 8-2004, f & cert, ef 9-17-04; DEQ 9-2008, f & cert, ef 7-11-08 

340-016-0230 

Application Procedures 

(1) Any Oregon taxpayer may submit an application to the DEQ 

after purchasing a qualifying engine and within the eligibdity period 

provided by OAR 340-016-0210. 

(2) The taxpayer must apply for tae tax credit on the form prescribed by DEQ. 

(3) The taxpayer may submit more than one apphcation in a calendar year. 

(4) A single appUcation may include more taan one track engine. 

(5) The taxpayer must file a complete apphcation that includes 

all of tae following elements: 

(a) The taxpayer's name, contact mformation, and taxpayer identification number; 

(b) The number of tracks owned prior to purchasing the engines 

claimed on the application; 

(c) Proof of purchase for each track engine claimed on the appUcation. The proof of purchase must include the: 

(A) Purchase date; 

(B) Seder's name, address, location ofthe sale, and contact information; 

(C) Taxpayer's name that is identical to the name on the appUcation; and 

(D) Vehicle identification number of the track with the claimed 

engine; 

(d) A copy of the Oregon Department of Transportation registration cab card; 

(e) The engine manufactarer, tae engine serial number, and the 

federal Envkonmental Protection Agency diesel engine family number; 

(f) The tEixpayer's signatare; 

(g) Other information as requested; and 

(h) The nonrefundable application fee of $50 for each engine 

claimed on the application; and 

(i) Other information requked on tae application form. 

(6) An incomplete application is not eligible for an allocation of 

the limitation provided by ORS 340-016-0240 until the date that the 

taxpayer completes the application. 

(7) The DEQ will notify the taxpayer within 14 days after receiving tae application if the application is incomplete. The notification 

wdl: 

(a) Request the missing information; 

(b) Provide the taxpayer with tae opportunity to submit additional 

information or make conections; and 

(c) Inform the taxpayer ofthe filing and aUocation statas provided 

by ORS 340-016-0240. 

(8) DEQ may request other information to determine if the 

engine, the track, and the applicant qualify for the credit according to 

tae 2003 Laws. 

(9) DEQ wiU file, but wiU not process, applications that exceed 

the program limitation and tae taxpayer limitation. 

(10) DEQ may not accept an application for a track engine that 

has previously been issued a track engine tax credit. 

Suit. Auth.: OL 2003, Sec. 28-32, reprinted in a note following ORS 315.356 

Stats. Implemented: OL 2003, Sec. 28-32, reprinted in a note following ORS 

315.356 

Hist.: DEQ 8-2004, t. & cert. ef. 9-17-04; DEQ 9-2008, f. & cert, ef 7-11 -08 

340-016-0240 

Allocating the Limitations 

(1) The DEQ will first allocate the program limitation to the earliest application date based on the date that the DEQ receives a complete application according to OAR 340-016-0230(5). 

(2) If the DEQ receives several applications on the same day and 

the total of the tax credits requested on these appUcations would 

exceed the program limitation then DEQ wdl allocate the remaining 

limitation by the following method. 

(a) The DEQ will allocate tae remaining program limitation by 

the earUest postmarked date. 

(b) If there is a tie for the earliest postmarked date then the DEQ 

will allocate the remaining program limitation by the earUest invoice 

date. 

(c) If there is a tie for the earUest invoiced date then tae DEQ wiU 

allocate the remaining program Umitation by drawing. 

(3) When the program hmitation has expired for tae calendeir 

year, the DEQ will retain all completed appUcations for processing in 

the following calendar year up to the taxpayer hmitation for the current calendar year. The DEQ wiU process retained appUcations according to sections 1 and 2 of this mle. The tax credit claimed on a retained 

application will not increase the taxpayer limitation for the following 

calendar year. 

Stat. Auth.: OL 2003, Sec. 28-32, reprinted in a note following ORS 315.356 

Stats. Implemented: OL 2003, Sec. 28-32, reprinted in a note following ORS 

315,356 

Hist.: DEQ 8-2004, f & cert, ef 9-17-04 

340-016-0250 

Approval or Rejection Procedures 

(1) The DEQ will approve all qualifying track engines within 45 

days of the date that the taxpayer submits an appUcation under the following conditions: 

(a) The applicant filed the application within tae eligibility period provided by OAR 340-016-0210; and 

(b) The taxpayer filed a complete appUcation according to OAR 

340-015-0230; and 

(c) The taxpayer purchased the track from a dealer hcensed with 

the Oregon Department of Motor Vehicles as a vehicle dealer on the 

date of purchase, or from a private party that is an Oregon resident. 

(d) The engine, the track, and the appUcant quahfy for the credit according to the 2003 Laws; and 

(e) The engine has not previously been awarded a tax credit under 

OAR 340-016-0210 through 0260; and 

2010 Edition 

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(f) The program limitation has not expired for the cunent calendar year; and 

(g) The taxpayer hmitation has not expired for tae cunent calendar year. 

(2) The DEQ wiU: 

(a) Reject all track engines that do not qualify for approval under 

section 1 of this rule; and 

(b) Provide the taxpayer wita a written notice of the reason for 

the rejection within 45 days ofthe date that the taxpayer filed a complete appUcation accordkig to OAR 340-015-0230. 

Stet. Auth.: OL 2003, Sec. 28-32, reprinted in a note following ORS 315.356 

Stats. Implemented: OL 2003, Sec. 28-32, reprinted in a note following ORS 

315.356 

Hist.: DEQ 8-2004, t. & cert, ef 9-17-04; DEQ 9-2008, f & cert, ef 7-11-08 

340-016-0260 

Procedures for Reconsideration and Review 

ff, for any reason, tae taxpayer is dissatisfied with DEQ's rejection of a track engine for tae credit according to OAR 340-016-050(2), 

the taxpayer may appeal the rejection. 

(1) The taxpayer may request within 45 days of tae date on tae 

rejection notice taat: 

(a) The DEQ re-evaluate the rejection. The taxpayer must provide additional information in writing for the DEQ to re-evaluate tae 

rejection; or 

(b) The Envkonmental Quality Coinmission hears the taxpayer's 

case at one of its regularly scheduled meetings. The Envkonmental 

Quality Commission will issue an order providing the taxpayer with 

written notice of its action and a concise statement ofthe findings and 

reasons by registered or certified mail within 45 days of the decision. 

(2) If the taxpayer is dissatisfied wita the Envkonmental QuaUty Commission's order under section (l)(b) of this rale then the taxpayer may appeal from the order as provided in ORS 468.110 and 

183.384 as an order in other than a contested case. 

Stat. Auth.: OL 2003, Sec. 28-32, reprinted in a note following ORS 315.356 

Stats. Implemented: OL 2003, Sec. 28-32, reprinted in a note foUowing ORS 

315.356 

Hist.: DEQ 8-2004, f & cert. ef. 9-17-04 

Clean Diesel Repower And Retrofit Tax Credits 

340-016-0270 

Purpose and Scope 

(1) The purpose of the Clean Diesel Repower and Rettofit Tax 

Credits rule is to provide an incentive for making investments in qualifying projects that reduce diesel emissions from engines used in Oregon by 25 percent or more. 

(2) OAR 340-016-0270 through 340-016-0340 apply only to a 

repower or rettofit that occurs between September 28,2007 and Januaty 1,2018. 

(3) OAR 340-016-0270 tarough 340-016-0340 establish the 

Department's requkements, standards and procedures used to approve 

tax credits for the certified costs necessaty to perform quaUfied repowers of nonroad Oregon diesel engines and quaUfied rettofits of Oregon diesel engines. 

Stat. Auth.: OL 2007, Chapter 855 (HB 2172 (2007)), OL 2007, ch. 843 (HB 3201 

(2007)).OL 2003, Sec. 28 - 32, reprinted in a note following ORS 315.356 

Stats. Implemented: OL 2003, Sec. 28 - 32, reprinted in a note following ORS 

315.356 

Hist.: DEQ 9-2008, f. & cert, ef 7-11-08 

340-016-0280 

Definitions 

As used ki OAR 340-016-0270 through 340-016-0340, unless 

specifically defined otaerwise: 

(1) "Apphcable local, state or federal pollution or emissions law" 

means a regulation that requkes a diesel engine to'meet polhjtibn or' 

emissions standards and has a comphance date before the mstallation 

of a repower or rettofit is completed. 

(2) "Apphcant" means a person that submits a Repower Tax 

Credk Application or a Rettofit Tax Credit Application. 

(3) "Clean Diesel Service Provider" means a person that the 

Department has certified under OAR 340-259-0065 to instaU quaUfying repowers or rettofits under the Clean Diesel Repower and 

Rettofit Tax Credk regulations, 340-016-0270 through 340-016-0340, 

or tae Clean Diesel Grant and Loan regulations, 340-259-0005 through 

340-259-0065. 

(4) "Cost-effectiveness threshold" means tae cost, in doUars, per 

ton of diesel particulate matter reduced determined pursuant to OAR 

340-259-0025. 

(5) "Department" means the Department ofEnvironmental Quality. 

(6) "Motor vehicle" has the meaning given that term in ORS 

825.005. 

(7) "Nomoad Oregon diesel engine" means any Oregon diesel 

engine that was not designed primarily to propel a motor vehicle on 

public highways of this state. 

(8) "Oregon diesel engine" means an engine at least 50 percent 

of the use of which, as measured by miles driven or hours operated, 

will occur in Oregon for the three years following the repowering or 

rettofitting of the engine. 

(9) "Program lirrutation" means the maximum amount that the 

Department may certify in tax credits during any one calendar year as 

authorized by the legislatare. 

(10) "Public highway" has the meaning given that term in ORS 

825.005. 

(11) "Qualified Installer" means the person that installs the 

repower or retrofit and is: 

(a) A Clean Diesel Service Provider; or 

(b) An employee ofthe appUcant, if tae applicant and vendor verify taat the employee: 

(A) Installed or wdl install the repower or rettofit to meet tae warranty conditions; and 

(B) Possesses the necessaty skill to install tae repower or retrofit. 

(12) "Repower" means to scrap an old diesel engine and replace 

it wita a new engine, a used engine or a remanufactured engine, or with 

electric motors, drives or fuel ceUs, with a minimum useful life of 

seven years. 

(13) "Rettofit" means to equip a diesel engine with new emissions-reducing parts or technology after the manufactare of the original engine. A rettofit must use the greatest degree of emissions reduction available for the particular application of the equipment 

rettofitted that meets the cost-effectiveness threshold specified in OAR 

340-259-0025. 

(14) "Scrap" means to desttoy and render inoperable. 

Stat. Auth.: OL 2007, Chapter 855 (HB 2172 (2007)), OL 2007, ch. 843 (HB 3201 

(2007)).OL 2003, Sec. 28 - 32, reprinted in a note following ORS 315.356 

Stats. Implemented: OL 2003, Sec. 28 - 32, reprinted in a note following ORS 

315.356 

Hist.: DEQ 9-2008, f & cert, ef 7-11-08 

340-016-0290 

Standards for a Qualifying Repower or Retrofit 

(1) To qualify for the Clean Diesel Repower and Rettofit Tax 

Credit, the repower or retrofit must: 

(a) Be either a repower of a nonroad Ofegon diesel engine or a 

rettofit of £ui Oregon diesel engine; 

(b) For a rettofit, use technologies: 

(A) Verified by the United States Envkonmental Protection 

Agency pursuant to its Febraaty 2002 Final Draft Testing Protocol 

"Generic Verification Protocol for Diesel Catalysts, Particulate Filters 

and Engine Modifications" or its September 2003 "Generic Verification Protocol for Determination of Emissions Reductions Obtained by 

Use of Altemative or Reformulated Liquid Fuels, Fuel Additives, Fuel 

Emulsions, and Lubricants for Highway and Nonroad Use Diesel 

Engines and Light Duty Gasoline Engines;" 

(B) Verified by the CaUfomia Ak Resources Board pursuant to 

Tide 13, California Code of Regulations, Chapter 14, "Verification 

Procedure, Wananty and In-Use Comphance Requirements for In-Use 

Sttategies to Conttol Emissions from Diesel Engines," as in effect on 

June 18,2008; or 

(C) Determined by tae Department to have been verified through 

an equivalent emission testing program; 

(c) Reduce diesel particulate matter emissions by at least 25 percent compared to baseline emissions for the engine year and specific 

installation; and 

(d) Be installed by a Qualified Installer. 

(2) If the Department approved a Clean Diesel Repower and 

Rettofit Tax Credit application under OAR 340-016-0330 or a grant 

or loan application under OAR 340-259-0055 to repower or rettofit a 

vehicle or engine, a subsequent Clean Diesel Repower and Retrofit Tax 

Credit for the same vehicle or engine is available if the new repower 

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or rettofit reduces diesel particulate matter emissions below the emissions achieved by the previous repower or rettofit. 

Stat. Auth.: OL 2007, ch. 855 (HB 2172 (2007)), OL 2007, ch. 843 (HB 3201 

(2007)).OL 2003, Sec. 28 - 32, reprinted in a note following ORS 315.356 

Stats. Implemented: OL 2003, Sec. 28 - 32, reprinted in a note following ORS 

315.356 

Hist.: DEQ 9-2008, f. & cert. ef. 7-11-08 

340-016-0300 

Application Procedures 

(1) Any person may submit an application to the Department for 

a Clean Diesel Repower and Rettofit Tax Credit after completing a 

qualifying repower or rettofit that occuned between September 28, 

2007 and Januaty 1,2018, and within one year following tae invoice 

date of the qualifying repower or retrofit. The applicant: 

(a) Must apply for the tax credit on the Repower Tax Credit 

AppUcation or Rettofit Tax Credit Application published by the 

Department; 

(b) May submit more than one application in a calendar year; and 

(c) May include more than one repower or retrofit on one application. 

(2) For Repower Tax Credit Applications, the applicant must file 

a complete application including: 

(a) Documentation diat the repower meets the standards of a qualkying repower pursuant to OAR 340-016-0290; 

(b) An invoice for the scrapped engine that includes the name of 

the scrap yard, scrapping price and date, scrapped engine manufacturer 

and serial number, and, if available, EPA engine family number; 

(c) Documentation that the engine block of the engine scrapped 

has had a hole drilled in it, or is otherwise desttoyed or rendered inoperable; and 

(d) The manufactarer name and serial number of the newly 

installed engine, electric motors, drives or fuel cells. 

(3) For Rettofit Tax Credit AppUcations, the applicant must file 

a complete application including: 

(a) Documentation diat tae rettofit meets the standards of a qualifying rettofit pursuant to OAR 340-016-0290; 

(b) Documentation that the rettofit uses the greatest degree of 

emissions reduction available for the particular application of the 

equipment rettofitted that meets tae cost-effectiveness threshold specified in OAR 340-259-0025; and 

(c) The manufactitter name and serial number ofthe engine. 

(4) For Repower Tax Credit Applications and Rettofit Tax Credit AppUcations, tae applicant must include: 

(a) The name, address and taxpayer identification number of tae 

applicant; 

(b) The nonrefundable application fee of $50 plus one percent of 

the potential tax credit; 

(c) An itemized invoice for each repower or rettofit claimed on 

the application taat includes: 

(A) Installation date; 

(B) Qualified Installer name and address; 

(C) Location of the sale of tae repower or retrofit and contact 

information for the vendor; 

(D) The purchaser's name (which must be identical to the applicant); 

(E) The vehicle identification number or serial number for each 

piece of equipment that is claimed as repowered or rettofitted on the 

application; and 

(F) The plate number for each licensed motor vehicle on which 

the repower or rettofit was installed. 

(d) A statement that the applicant agrees to audits of relevant 

records and inspection ofthe repower or rettofit, and wiU maintain the 

installed engine or technology in working condition to meet wananty requirements for three years; 

(e) A statement by the applicant that at least 50 percent of the use 

of the engine, as measured by miles driven or hours operated, will 

occur in Oregon for the three years following the repowering or 

retrofitting of the engine; 

(f) A statement of tae amount and source of any existing financial incentives from public funds that dkectly reduce the cost of the 

repower or retrofit, including tax credits, grants, loans or any other 

public financial assistance; 

(g) A statement by the QuaUfied Installer that the repower or 

rettofit qualifies for the tax credit pursuant to OAR 340-016-0290; 

(h) A statement by the applicant that tae engine on which the 

repower or rettofit was performed is owned by the applicant; 

(i) The applicant's signature attesting that the apphcation is trae 

and correct; and 

(j) Any additional infonnation the Department may requke. 

(5) Upon determining that k does not requke any additional uiformation and that the application is complete, the Department will 

review the apphcation pursuant to OAR 340-016-0320. 

(6) If tae Department determines taat it requires additional information or that the application is incomplete, the Department wdl 

request additional information no later than 60 days after receiving the 

appUcation. 

(7) The appUcant must submit tae information requested under 

OAR 340-016-0300(6) within 30 days of die date ofthe Department's 

request, or the Department may deny the application. 

Stat. Auth.: OL 2007, ch. 855 (HB 2172 (2007)), OL 2007, ch. 843 (HB 3201 

(2007)).OL 2003, Sec. 28 - 32, reprinted in a note following ORS 315.356 

Stats. Implemented: OL 2003, Sec. 28 - 32, reprinted in a note following ORS 

315.356 

Hist.: DEQ 9-2008, f & cert. ef. 7-11-08 

340-016- 0310 

Tax Credit Cost Certification Letter 

(1) If the Department approves an apphcation pursuant to OAR 

340-016-0330, it wiU issue a letter certifying the cost of a repower or 

retrofit according to 340-259-0020. The letter may: 

(a) Certify costs in a different amount than claimed in the appUcation pursuant to OAR 340-259-0020; and 

(b) Impose recordkeeping requkements, or other terms on the 

applicant and a tax credit transferee. 

(2) The applicant must meet the requkements of the letter of certification regardless ofany tax credit transfers. 

(3) The Department will notify the Oregon Department of Revenue in writing if a certification letter has been revoked or modified. 

Stat. Auth.: OL 2007, Ch. 855 (HB 2172 (2007)), OL 2007, ch. 843 (HB 3201 

(2007)).OL 2003, Sec. 28 - 32, reprinted in a note following ORS 315.356 

Stats. Implemented: OL 2003, Sec. 28 - 32, reprinted in a note following ORS 

315.356 

Hist.: DEQ 9-2008, f & cert, ef 7-11-08 

340-016-0320 

Allocating the Limitations 

(1) The Department wdl aUocate the program limitation among 

applicants according to tae order fa which the Department receives 

applications that it determines to be complete and do not requke any 

additional information pursuant to OAR 340-016-0300. 

(2) If the Department receives multiple appUcations on tae same 

day that k determines to be complete and do not require any additional 

information, and the total of the Clean Diesel Repower and Rettofit 

Tax Credits requested on these appUcations would exceed tae program 

limitation, the Department wiU allocate the remamkig limitation using 

the following method: 

(a) The Department wiU allocate the remaining program hmitation to the apphcation with the earliest postmarked date. 

(b) ff multiple applications share the earliest postmarked date, tae 

Department wdl allocate the remaimng program limitation to the apphcation with the earUest invoice date. 

(c) If multiple appUcations share the earliest invoiced date, the 

Department wdl aUocate tae remaining progreun limitation by random 

selection. 

(3) Once the program Umitation has been met, the Department 

will process applications as follows: 

(a) If tae Department determines that k requkes additional information or taat the apphcation is incomplete, the Department will 

request additional information pursuant to OAR 340-016-0300(6); and 

(b) Upon determiiung that it does not require any additional information and that the appUcation is complete, the Department wUl 

review tae appUcation pursuant to OAR 340-016-0320 during the next 

calendar year. 

Stat. Aulh.: OL 2007, ch. 855 (HB 2172 (2007)), OL 2007, ch. 843 (HB 3201 

(2007)).OL 2003, Sec. 28 - 32, reprinted in a note following ORS 315.356 

Stats. Implemented: OL 2003, Sec. 28 - 32, reprinted in a note following ORS 

315.356 

Hist.: DEQ 9-2008, f & cert, ef 7-11-08 

2010 Edition 

Oregon Administrative Rules Compilation 

6-309 (11-13-09) 
Chapter 340 Department of Environmental Quality 

340-016-0330 

Application Approval or Denial Procedures 

(1) Withm 60 days of determining that k does not require any 

additional information and that the appUcation is complete pursuant 

to OAR 340-016-0300, the Department must provide written notice tothe applicant ofthe approval or denial ofthe apphcation. 

(2) The Department will approve an appUcation if: 

(a) The repower or rettofit occurred between September 28,2007 

and Januaty 1,2018; 

(b) The applicant filed the application within one year followmg 

tae date of the invoice for the qualifying repower or rettofit; and 

(c) The repower or rettofit meets the standards of a qualifying 

repower or rettofit pursuant to OAR 340-016-0290. 

(3) If the Department approves an application, the Department 

must issue a tax credit cost certification letter pursuant to OAR 340-

016-0310. 

(4) K tae Department denies an application, tae Department must 

provide the applicant wita written notice of tae reasons for the denial. 

The notification wiU faclude procedures for reconsideration and review 

under OAR 340-016-340. 

(5) If the Department approves a cost certification in a lesser 

amount taan claimed on tae application, the Department must provide 

the appUcant with written notice of tae reasons for tae different 

amount. The notification will include procedures for reconsideration 

and review under OAR 340-016-340. 

Stat. Auth.: OL 2007, ch. 855 (HB 2172 (2007)), OL 2007, ch. 843 (HB 3201 

(2007)).OL 2003, Sec. 28 - 32, reprinted in a note followmg ORS 315.356 

Stats. Implemented: OL 2003, Sec. 28 - 32, reprinted in a note following ORS 

315.356 

Hist.: DEQ 9-2008, f & cert, ef 7-11-08 

340-016-0340 

Procedures for Reconsideration and Revievf of Denial 

The apphcant may appeal the Department's denial of £ui apphcation or approval of a cost certification in a lesser amount than 

claimed on die appUcation under OAR 340-016-0330(4)-(5) as follows: 

(1) The appUcant may request that tae Department reconsider the 

denial if it provides additional information m writing to assist the 

Department m reconsidering tae appUcation, withm 60 days ofthe date 

of the Department's notice of denial; or 

(2) Appeal the denial as a contested case under ORS Chapter 183. 

Stat. Auth.: OL 2007, ch. 855 (HB 2172 (2007)), OL 2007, Ch. 843 (HB 3201 

(2007)).OL 2003, Sec. 28 - 32, reprinted in a note following ORS 315.356 

Stats. Implemented: OL 2003, Sec, 28 - 32, reprinted in a note following ORS 

315.356 

Hist.: DEQ 9-2008, f. & cert, ef 7-11-08 

DIVISION 17 

PLASTICS RECYCLING TAX CREDITS 

340-017-0010 

Purpose 

The purpose of these mles is to prescribe procedures and criteria to be used by the Department and Commission for issuance of tax 

credits to Oregon busmesses that make investments in order to collect, 

transport, or process reclaimed plastic or to manufactare a reclaimed 

plastic product. These rales are to be used in connection with ORS 

468.451 to 468.491 and apply only to favestments made on or after 

Januaty 1,1986 and before December31,2001,except where otherwise noted herein. 

Stat. Auth.: ORS 468.0150 

Stats. Implemented: ORS 468.150-468.190 ^ _ 

Hist.: DEQ 4-1986, f & efr2-12-86; DEQ 29-1989(Temp), f & cert, ef 12-14-89; 

' " " DEQ 7-1990, t. & cert, ef 3-13-90; DEQ 6-1998, t. 4-24-98, cert, ef 5-1-98 

340-017-0015 

Definitions 

(1) "Investment" means the amount of money a person invests to 

acquke or constract equipment, personal property or machinety necessaty to collect, ttansport, or process reclaimed plastic or to manufacture a reclaimed plastic product. An investment shall be detemiined 

to have been made on the date a sales contract is agreed to by the buyer 

or the date of issuance of a purchase order. 

(2) "Ckcumstances Beyond the Conttol of tae Applicant" means 

facts, conditions and ckcumstances which applicantis due care and 

diligence would not have avoided. 

(3) "Commission" means Envkonmental Quality Conimission or 

the Commissionis sub-delegate. 

(4) "Department" means Department of Envkonmental Quality. 

(5) "Personal Property" means any investment m property dkectly related to the operation of the industty or enterprise seeking tae tax 

credit, which make a significant contribution to die collection, ttansportation or processing of reclaimed plastic or the manufactare of a 

reclaimed plastic product, excluding land and buildings. 

(6) "Qualifying Business" means a business in Oregon that collects, ttansports, or processes reclaimed plastic or manufactores a 

reclaimed plastic product. 

(7) "Reclaimed Plastic" means plastic from industrial consumers, 

commercial users or post-consumer waste. "Reclaimed Plastic" 

includes shredded plastics, regrind, peUets or any other similar products manufactured from Oregon mdustrial consumers, commercial 

users, or post consumer waste that is sold for tae purpose of making 

an end product out of reclaimed plastic and is mtended to be used to 

manufactare a non-medical or non-food plastic product. 

(8) "Reclaimed Plastic Product" means a plastic product of real 

economic value for which more than 50 percent of the plastic used in 

the product is reclaimed plastic. 

(9) "Special Ckcumstances" means emergencies which call for 

immediate erection, constmction or instaUation of a facility, cases 

where appUcant has relied on mconect faformation provided by 

Department personnel as demonsttated by letters, records of conversations or other written evidence, or similar adequately documented 

ckcumstances which dkectly resulted fa applicant's failure to file a 

timely appUcation for preliminaty certification. 

Stat. Auth.: ORS 468.150 

Stats. Implemented: ORS 468.150 - 468.190 

Hist.: DEQ 4-1986,f & ef 2-12-86; DEQ 29-1989(Temp), f & cert, ef 12-14-89; 

DEQ 7-1990, f. & cert. ef. 3-13-90; DEQ 6-1998, f. 4-24-98, cert. cf. 5-1-98 

340-017-0020 

Procedures for Receiving Preliminary Tax Credit Certification 

(1) Fding of Application: 

(a) Any person proposing to apply for final certification of an 

investment made fa Oregon to collect, ttansport or process reclaimed 

plastic or to manufactare a reclaimed plastic product pursuant to ORS 

468.461 shall file an application for preliminaty certification with the 

Department of Envkonmental Quality. The application shall be made 

on a form provided by the Department. The preliminaty certificate 

need not be issued prior to constmction for compliance with this 

requkement; 

(b) The investment must not be made until 30 days after an apphcation is received by the Department unless the Department reviews 

the apphcation and notifies the applicant that the application is complete. If the investment is made within 30 days after submitting the 

application and the Department has not notified the applicant that the 

appUcation is complete, the apphcation wiU be rejected by the Department; 

(c) The Cornmission may waive the filing of tae preliminaty 

application if it finds the filing inappropriate because special ckcumstances render the filing unreeisonable and if it finds such favestment 

would otherwise quahfy for tax credit certification pursuant to ORS 

468.451 to 468.491; 

(d) Within 30 days of the receipt of an application for preliminaty certification, the Department shall request any additional information that apphcant needs to submit in order for the application to 

be considered complete. The Department may require any other information necessaty to determfae whether the proposed favestment is fa 

accordance with Department statates, mles and standards; 

(e) The apphcation shall not be considered complete until the 

Department receives the information requested and notifies the applicant in writing that the application is complete and ready for processing. However, if the Department does not make a timely request 

pursuant to subsection (l)(d) of this rale, the application shall be 

deemed complete 30 days after receipt ofthe appUcation. 

(2) Approval of Preliminaty Certification: 

(a) If the Department determfaes taat the proposed favestment is 

eUgible, it shall within 60 days of receipt of a completed application 

issue a preliminaty certificate approving the investment. The prelim2010 Edition 

Oregon Administrative Rules Compilation 

6-310 (11-13-09)