justicedao/ipfs_state_laws huggingface dataset:
340-242-0430 Industrial Emission Management Program: Industrial Growth Allowances (1) This rule establishes industrial growth allowances for sources identified in OAR 340-242-0400. The amount of each growth allowance is defined in the SIP and is on file with DEQ. (2) The owner or operator of a source subject to this division may obtain a portion of the respective growth allowance pursuant to OAR 340-242-0440. (3) If no emissions remain in the respective growth allowance, the owner or operator must provide offsets as required under OAR 340 division 224. NOTE: These rules are included in the State of Oregon Clean Air Act Implementation Plan that EQC adopted under OAR 340-200-0040. Statutory/Other Authority: ORS 468.020, 468A.025 & 468A.040 Statutes/Other Implemented: ORS 468A.025 & 468A.040 History: DEQ 7-2015, f. & cert. ef. 4-16-15 DEQ 3-2007, f. & cert. ef. 4-12-07 DEQ 14-1999, f. & cert. ef. 10-14-99, Renumbered from 340-030-0730 DEQ 17-1996, f. & cert. ef. 8-14-96
340-242-0440 Industrial Emission Management Program: Industrial Growth Allowance Allocation (1) The owner or operator of a source subject to this division may obtain a portion of any remaining emissions in the respective growth allowance in accordance with procedures described in the SIP that is on file with DEQ, and based on the following conditions: (a) Access is on a first-come-first-served basis, based on the submittal date of a complete permit application; (b) Unused PSEL donation sources that meet the donation criteria specified in OAR 340-242-0420(2) have priority access to their respective growth allowance as a "tie-breaker" over non-donation sources; (c) Except as provided below, no single source may receive an emissions allocation of more than 1,000 tons of either VOC or NOx or more than 50% of any remaining growth allowance; and (d) A single source must apply to the EQC to receive more than 1,000 tons of VOC or NOx, but in no case more than 50% of the remaining growth allowance. To apply, sources must submit air quality and other information as required by DEQ justifying its request and must include information on significant economic, employment, or other benefits to the Portland area that will result from the proposed source, and the availability of emissions offsets. DEQ will evaluate ozone levels and expected trends to determine whether the proposed facility poses any risk to maintaining compliance with the ozone air quality standard prior to making a recommendation to the EQC regarding the source application. (2) The amount of the CO growth allowance that can be allocated is identified in the Portland Area Carbon Monoxide Maintenance Plan, Section 4.58 of Volume 2 of the SIP on file with DEQ. NOTE: These rules are included in the State of Oregon Clean Air Act Implementation Plan that EQC adopted under OAR 340-200-0040. Statutory/Other Authority: ORS 468.020, 468A.025 & 468A.040 Statutes/Other Implemented: ORS 468A.025 & 468A.040 History: DEQ 7-2015, f. & cert. ef. 4-16-15 DEQ 3-2007, f. & cert. ef. 4-12-07 DEQ 10-2004, f. & cert. ef. 12-15-04 DEQ 14-1999, f. & cert. ef. 10-14-99, Renumbered from 340-030-0740 DEQ 17-1996, f. & cert. ef. 8-14-96
340-242-0600 Motor Vehicle Refinishing: Applicability OAR 340-242-0600 through 340-242-0630 apply to any person who owns, leases, operates or controls a motor vehicle refinishing facility in the Portland AQMA. NOTE: This rule is included in the State of Oregon Clean Air Act Implementation Plan that EQC adopted under OAR 340-200-0040. Statutory/Other Authority: ORS 468.020 & 468A.025 Statutes/Other Implemented: ORS 468A.025 & 468A.035 History: DEQ 7-2015, f. & cert. ef. 4-16-15 DEQ 14-1999, f. & cert. ef. 10-14-99, Renumbered from 340-022-0700 DEQ 7-1999, f. 5-21-99, cert. ef. 7-12-99 DEQ 13-1995, f. & cert. ef. 5-25-95
340-242-0610 Motor Vehicle Refinishing: Definitions The definitions in OAR 340-200-0020, 340-204-0010 and this rule apply in 340-242-0600 through 340-242-0630. If the same term is defined in this rule and 340-200-0020 or 340-204-0010, the definition in this rule applies in 340-242-0600 through 340-242-0630. (1) "High volume, low pressure spray", or "HVLP" means equipment used to apply coatings with a spray device which operates at a nozzle air pressure between 0.1 and 10 pounds per square inch gravity (psig). (2) "Motor vehicle" means a vehicle that is self-propelled or designed for self-propulsion as defined in ORS 801.360. (3) "Motor vehicle refinishing" means the application of surface coating to on-road motor vehicles or non-road motor vehicles, or their existing parts and components, except Original Equipment Manufacturer (OEM) coatings applied at manufacturing plants. (4) "Motor vehicle refinishing coating" means any coating designed for, or represented by the manufacturer as being suitable for motor vehicle refinishing. (5) "Motor vehicle refinishing facility" means a location at which motor vehicle refinishing is performed. (6) "Non-road motor vehicle" means any motor vehicle other than an on-road motor vehicle. "Non-Road Motor Vehicle" includes, but is not limited to, fixed load vehicles, farm tractors, farm trailers, all-terrain vehicles, and golf carts as these vehicles are defined in ORS Chapter 801. (7) "On-road motor vehicle" means any motor vehicle which is required to be registered under ORS 803.300 or exempt from registration under 803.305(5), 803.305(6), or 803.305(15) through 803.305(19). "On-Road Motor Vehicle" includes, but is not limited to: passenger cars, trucks, vans, motorcycles, mopeds, motor homes, truck tractors, buses, tow vehicles, trailers other than farm trailers, and camper shells. (8) "Public highway" means every public way, road, street, thoroughfare and place, including bridges, viaducts and other structures open, used or intended for use of the general public for vehicles or vehicular traffic as a matter of right. (9) "Vehicle" means any device in, upon or by which any person or property is or may be transported or drawn upon a public highway and includes vehicles that are propelled or powered by any means. NOTE: This rule is included in the State of Oregon Clean Air Act Implementation Plan that EQC adopted under OAR 340-200-0040. Statutory/Other Authority: ORS 468.020 & 468A.025 Statutes/Other Implemented: ORS 468A.025 History: DEQ 7-2015, f. & cert. ef. 4-16-15 DEQ 14-1999, f. & cert. ef. 10-14-99, Renumbered from 340-022-0710 DEQ 7-1999, f. 5-21-99, cert. ef. 7-12-99 DEQ 16-1996, f. & cert. ef. 8-14-96 DEQ 13-1995, f. & cert. ef. 5-25-95
340-242-0620 Motor Vehicle Refinishing: Requirements for Motor Vehicle Refinishing in Portland AQMA Except as provided in section (3), persons performing motor vehicle refinishing of on-road motor vehicles within the Portland AQMA must: (1) Clean any spray equipment, including paint lines, in a device which: (a) Minimizes solvent evaporation during the cleaning, rinsing, and draining operations; (b) Recirculates solvent during the cleaning operation so the solvent is reused; and (c) Collects spent solvent to be available for proper disposal or recycling; and (2) Apply motor vehicle refinishing coatings by one of the following methods: (a) High Volume Low Pressure spray equipment, operated and maintained in accordance with the manufacturer's recommendations; (b) Electrostatic application equipment, operated and maintained in accordance with the manufacturer's recommendations; (c) Dip coat application; (d) Flow coat application; (e) Brush coat application; (f) Roll coat application; (g) Hand-held aerosol cans; or (h) Any other coating application method which can be demonstrated to effectively control VOC emissions, and which has been approved in writing by DEQ. (3) This rule is not applicable to any person who performs motor vehicle refinishing without compensation, and who performs refinishing on two or fewer on-road motor vehicles, or portions thereof, in any calendar year. NOTE: This rule is included in the State of Oregon Clean Air Act Implementation Plan that EQC adopted under OAR 340-200-0040. Statutory/Other Authority: ORS 468.020 & 468A.025 Statutes/Other Implemented: ORS 468A.025 & 468A.035 History: DEQ 7-2015, f. & cert. ef. 4-16-15 DEQ 14-1999, f. & cert. ef. 10-14-99, Renumbered from 340-022-0740 DEQ 7-1999, f. 5-21-99, cert. ef. 7-12-99 DEQ 13-1995, f. & cert. ef. 5-25-95
340-242-0630 Motor Vehicle Refinishing: Inspecting and Testing Requirements The owner or operator of any facility subject to OAR 340-242-0600 through 340-242-0630 must, at any reasonable time, make the facility available for inspection by DEQ. NOTE: This rule is included in the State of Oregon Clean Air Act Implementation Plan that EQC adopted under OAR 340-200-0040. Statutory/Other Authority: ORS 468.020 & 468A.025 Statutes/Other Implemented: ORS 468.095, 468A.025 & 468A.035 History: DEQ 7-2015, f. & cert. ef. 4-16-15 DEQ 14-1999, f. & cert. ef. 10-14-99, Renumbered from 340-022-0760 DEQ 7-1999, f. 5-21-99, cert. ef. 7-12-99 DEQ 13-1995, f. & cert. ef. 5-25-95
340-244-0010 General Provisions for Stationary Sources: Policy and Purpose The Environmental Quality Commission finds that certain air contaminants for which there are no ambient air quality standards may cause or contribute to an identifiable and significant increase in mortality or to an increase in serious irreversible or incapacitating reversible illness or to irreversible ecological damage, and are therefore considered to be hazardous air pollutants. It is the policy of the Commission that no person may cause, allow, or permit emissions into the ambient air of any hazardous substance in such quantity, concentration, or duration determined by the Commission to be injurious to public health or the environment. The purpose of this Division is to establish emissions limitations on sources of these air contaminants. In order to reduce the release of these hazardous air pollutants and protect public health and the environment, it is the intent of the Commission to adopt by rule within this Division the source category specific requirements that are promulgated by the EPA, and state standards to reduce the release of these hazardous air pollutants. Furthermore, it is hereby declared the policy of the Commission that the standards contained in this Division are considered minimum standards, and as technology advances, protection of public health and the environment warrants, more stringent standards may be adopted and applied. Statutory/Other Authority: ORS 468.020 & 468A.310 Statutes/Other Implemented: ORS 468A.025 History: DEQ 10-2016, f. & cert. ef. 10-3-16 DEQ 4-2016(Temp), f. & cert. ef. 4-21-16 thru 10-17-16 DEQ 14-1999, f. & cert. ef. 10-14-99, Renumbered from 340-032-0100 DEQ 13-1993, f. & cert. ef. 9-24-93
340-244-0020 General Provisions for Stationary Sources: Delegation of Authority Subject to the requirements in this division, LRAPA is designated by the EQC to implement and enforce, within its area of jurisdiction. The requirements and procedures contained in this division must be used by LRAPA unless LRAPA has adopted or adopts rules which are at least as strict as this division. Statutory/Other Authority: ORS 468 & 468A Statutes/Other Implemented: ORS 468A.025 History: DEQ 8-2015, f. & cert. ef. 4-17-15 DEQ 15-2008, f. & cert. ef 12-31-08 DEQ 14-1999, f. & cert. ef. 10-14-99, Renumbered from 340-032-0110 DEQ 18-1993, f. & cert. ef. 11-4-93 DEQ 13-1993, f. & cert. ef. 9-24-93
340-244-0040 General Provisions for Stationary Sources: List of Hazardous Air Pollutants For purposes of this division the EQC adopts by reference the pollutants, including groups of substances and mixtures, listed in section 112(b), as Hazardous Air Pollutants (Table 1). [ED. NOTE: To view attachments referenced in rule text, click here to view rule.] Statutory/Other Authority: ORS 468.020 & 468A.025 Statutes/Other Implemented: ORS 468A.025 History: DEQ 4-2023, minor correction filed 03/01/2023, effective 03/01/2023 DEQ 19-2022, amend filed 11/18/2022, effective 03/01/2023 DEQ 13-2019, amend filed 05/16/2019, effective 05/16/2019 DEQ 7-2015, f. & cert. ef. 4-16-15 DEQ 13-2006, f. & cert. ef. 12-22-06 DEQ 2-2006, f. & cert. ef. 3-14-06 DEQ 2-2005, f. & cert. ef. 2-10-05 DEQ 14-1999, f. & cert. ef. 10-14-99, Renumbered from 340-032-0130 DEQ 20-1997, f. & cert. ef. 9-25-97 DEQ 2-1996, f. & cert. ef. 1-2-96 DEQ 13-1993, f. & cert. ef. 9-24-93
340-244-0050 General Provisions for Stationary Sources: Amending the List of Hazardous Air Pollutants (1) Any person may file a petition with the Department to amend the HAP List. The petition must include at least the following information: (a) Name and chemical abstract service number of the substance; (b) Quantity of the substance used and released in Oregon; (c) Sources or source categories emitting the substance; (d) Potential adverse effects of the substance on public health and the environment; (e) Potential exposure pathways; and (f) Uncertainties in the data provided. (2) The Department shall present this information, or other information that the Department may develop, to the Commission which will consider it along with the best available scientific information developed by the EPA, the Oregon Health Division, other states, other scientific organizations, or by any person. (3) The Commission shall amend the HAP list if: (a) It finds there is a scientifically defensible need to add a substance not on the EPA list to protect the public health or environment; (b) A chemical is added to the list by the EPA; (c) A substance is deleted from the list by the EPA and the Commission finds that the substance can be deleted without causing harm to public health or the environment; or (d) A substance has previously been added to the list by the Commission but not by the EPA, and the Commission finds that the substance can be deleted without causing harm to public health or the environment. Statutory/Other Authority: ORS 468.020 & 468A.310 Statutes/Other Implemented: ORS 468A.025 History: DEQ 14-1999, f. & cert. ef. 10-14-99, Renumbered from 340-032-0140 DEQ 13-1993, f. & cert. ef. 9-24-93
340-244-0100 Compliance Extensions for Early Reductions: Applicability The requirements of 40 C.F.R. Part 63, Subpart D apply to an owner or operator of an existing source who wishes to obtain a compliance extension and an alternative emission limit from a standard issued under Section 112(d) of the FCAA. Any owner or operator of a facility who elects to comply with a compliance extension and alternative emission limit issued under this section must complete a permit application as prescribed in 40 C.F.R. 63.77. Statutory/Other Authority: ORS 468.020 & 468A.310 Statutes/Other Implemented: ORS 468A.310 History: DEQ 4-2024, amend filed 03/25/2024, effective 03/25/2024 DEQ 15-2008, f. & cert. ef 12-31-08 DEQ 14-1999, f. & cert. ef. 10-14-99, Renumbered from 340-032-0300 DEQ 13-1993, f. & cert. ef. 9-24-93
340-244-0200 Compliance Extensions for Early Reductions: Emissions Limitation for New and Reconstructed Major Sources (1) Federal MACT. Any person who proposes to construct a major source of HAP after an applicable emissions standard has been proposed by the EPA pursuant to Section 112(d), Section 112(n), or Section 129 of the FCAA must comply with the requirements and emission standard for new sources when promulgated by EPA. (2) State MACT. Any person who proposes to construct or reconstruct a major source of hazardous air pollutants before MACT requirements applicable to that source have been proposed by the EPA and after the effective date of the program must comply with new and reconstructed source MACT requirements of 40 C.F.R. Part 63, Subpart B. (3) Compliance schedule. The owner or operator of a new or reconstructed source must on and after the date of start-up, be in compliance with all applicable requirements specified in the Federal or State MACT. Statutory/Other Authority: ORS 468.020 & 468A.025 Statutes/Other Implemented: ORS 468A.040 History: DEQ 4-2024, amend filed 03/25/2024, effective 03/25/2024 DEQ 4-2003, f. & cert. ef. 2-06-03 DEQ 14-1999, f. & cert. ef. 10-14-99, Renumbered from 340-032-0500 DEQ 20-1997, f. & cert. ef. 9-25-97 DEQ 22-1995, f. & cert. ef. 10-6-95 DEQ 13-1993, f. & cert. ef. 9-24-93
340-244-0210 Emission Standards: Emissions Limitation for Existing Sources (1) Federal MACT. Existing major and area sources must comply with the applicable emissions standards for existing sources promulgated by the EPA pursuant to section 112(d), section 112(n), or section 129 of the FCAA and adopted by rule within this Division. (2) State MACT. If the EPA fails to meet its schedule for promulgating a MACT standard for a source category or subcategory, DEQ must approve HAP emissions limitations for existing major sources within that category or subcategory according to 40 C.F.R. Part 63, Subpart B. (a) The owner or operator of each existing major source within that category will file permit applications in accordance with OAR 340-218-0040 and 40 C.F.R. Part 63, Subpart B. (b) If, after a permit has been issued, the EPA promulgates a MACT standard applicable to a source that is more stringent than the one established pursuant to this section, DEQ must revise the permit upon the next renewal to reflect the standard promulgated by the EPA. The source will be given a reasonable time to comply, but no longer than 8 years after the standard is promulgated; (c) DEQ will not establish a case-by-case State MACT: (A) For existing solid waste incineration units where an emissions standard will be established for these units by the EPA pursuant to section 111 of the FCAA. These sources are subject to applicable emissions standards under OAR chapter 340, division 230; or (B) For existing major HAP sources where an emissions standard or alternative control strategy will be established by the EPA pursuant to section 112(n) of the FCAA. (3) Compliance schedule: (a) The owner or operator of the source must comply with the emission limitation: (A) Within the time frame established in the applicable Federal MACT standard, but in no case later than three years from the date of federal promulgation of the applicable MACT requirements; or (B) Within the time frame established by DEQ where a state-determined MACT has been established or a case-by-case determination has been made. (b) Notwithstanding the requirements of this section, no existing source that has installed Best Available Control Technology or has been required to meet Lowest Achievable Emission Rate before the promulgation of a federal MACT applicable to that emissions unit is required to comply with such MACT standard until 5 years after the date on which such installation or reduction has been achieved, as determined by DEQ. Statutory/Other Authority: ORS 468 & 468A Statutes/Other Implemented: ORS 468A.310 History: DEQ 4-2024, amend filed 03/25/2024, effective 03/25/2024 DEQ 4-2013, f. & cert. ef. 3-27-13 DEQ 15-2008, f. & cert. ef 12-31-08 DEQ 2-2005, f. & cert. ef. 2-10-05 DEQ 4-2003, f. & cert. ef. 2-06-03 DEQ 14-1999, f. & cert. ef. 10-14-99, Renumbered from 340-032-0505 DEQ 18-1998, f. & cert. ef. 10-5-98, Renumbered from 340-032-2500 DEQ 7-1998, f. & cert. ef. 5-5-98 DEQ 13-1993, f. & cert. ef. 9-24-93
340-244-0231 Gasoline Dispensing Facilities: Purpose Rules under OAR 340-244-0231 through -0252 establish emission limitations and management practices for hazardous air pollutants and volatile organic compounds emitted from the loading of gasoline storage tanks and dispensing of fuel at gasoline dispensing facilities. OAR 340-244-0231 through -0252 also establish requirements to demonstrate compliance with the emission limitations and management practices. [NOTE: This rule is included in the State of Oregon Clean Air Act Implementation Plan that EQC adopted under OAR 340-200-0040 only for affected sources in the Portland-Vancouver, Medford-Ashland, and Salem-Keizer Area Transportation Study air quality management areas and all of Clackamas, Multnomah, and Washington counties.] Statutory/Other Authority: ORS 468.020 & 468A.025 Statutes/Other Implemented: ORS 468.020 History: DEQ 4-2024, adopt filed 03/25/2024, effective 03/25/2024
340-244-0235 Gasoline Dispensing Facilities: General Duties to Minimize Emissions (1) The owner or operator of a GDF must, at all times, operate and maintain all equipment, including associated air pollution control equipment and monitoring equipment, in a manner consistent with safety and good air pollution control practices for minimizing emissions. Determination of whether such operation and maintenance procedures are being used will be based on information available to DEQ which may include, but is not limited to, monitoring results, review of operation and maintenance procedures, review of operation and maintenance records, and inspection of the source. (2) Compliance with this rule does not exempt the owner or operator from enforcement for any noncompliance with applicable requirements during a malfunction event. Statutory/Other Authority: ORS 468.020, 468A.025 & 468A.050 Statutes/Other Implemented: 468A.050 & ORS 468A.025 History: DEQ 5-2024, renumbered from 340-244-0239, filed 03/25/2024, effective 03/25/2024 DEQ 4-2024, amend filed 03/25/2024, effective 03/25/2024 DEQ 7-2015, f. & cert. ef. 4-16-15 DEQ 4-2013, f. & cert. ef. 3-27-13
340-244-0236 Emission Standards for Gasoline Dispensing Facilities: Affected Equipment or Processes (1) The emission sources to which this rule applies are gasoline storage tanks and associated equipment components in vapor or liquid gasoline service at new, reconstructed, or existing GDF that meet the criteria specified in OAR 340-244-0234. Pressure/vacuum vents on gasoline storage tanks and the equipment necessary to unload product from cargo tanks into the storage tanks at GDF are covered emission sources. (2) An affected source is a new affected source if construction commenced on the affected source after Nov. 9, 2006, and the applicability criteria in OAR 340-244-0234 are met at the time operation commenced. (3) An affected source is reconstructed if meeting the criteria for reconstruction as defined in 40 CFR 63.2. (4) An affected source is an existing affected source if it is not new or reconstructed. NOTE: This rule is included in the State of Oregon Clean Air Act Implementation Plan that EQC adopted under OAR 340-200-0040. Statutory/Other Authority: ORS 468.020 & 468A.025 Statutes/Other Implemented: ORS 468A.025 History: DEQ 7-2015, f. & cert. ef. 4-16-15 DEQ 1-2011, f. & cert. ef. 2-24-11 DEQ 15-2008, f. & cert. ef 12-31-08
340-244-0237 Gasoline Dispensing Facilities: GDF 1 The owner or operator of a GDF 1 as described in OAR 340-244-0234(4) must comply with the following requirements: (1) Work Practices, No Top Off, and Submerged Fill under OAR 340-244-0245; and (2) Recordkeeping under OAR 340-244-0250. [NOTE: This rule is included in the State of Oregon Clean Air Act Implementation Plan that EQC adopted under OAR 340-200-0040 only for affected sources in the Portland-Vancouver, Medford-Ashland, and Salem-Keizer Area Transportation Study air quality management areas and all of Clackamas, Multnomah, and Washington counties.] Statutory/Other Authority: 468.020 & ORS 468A.025 Statutes/Other Implemented: ORS 468A.025 History: DEQ 4-2024, adopt filed 03/25/2024, effective 03/25/2024
340-244-0238 Gasoline Dispensing Facilities: GDF 2 The owner or operator of a GDF 2 as described in OAR 340-244-0234(4) must comply with the following requirements: (1) All applicable requirements under OAR 340-244-0237; and (2) Reporting under OAR 340-244-0251. [NOTE: This rule is included in the State of Oregon Clean Air Act Implementation Plan that EQC adopted under OAR 340-200-0040 only for affected sources in the Portland-Vancouver, Medford-Ashland, and Salem-Keizer Area Transportation Study air quality management areas and all of Clackamas, Multnomah, and Washington counties.] Statutory/Other Authority: ORS 468.020 & 468A.025 Statutes/Other Implemented: ORS 468A.025 History: DEQ 4-2024, amend filed 03/25/2024, effective 03/25/2024 DEQ 7-2015, f. & cert. ef. 4-16-15 DEQ 4-2013, f. & cert. ef. 3-27-13 DEQ 1-2011, f. & cert. ef. 2-24-11 DEQ 8-2009, f. & cert. ef. 12-16-09 DEQ 15-2008, f. & cert. ef 12-31-08