justicedao/ipfs_state_laws huggingface dataset:
340-225-0030 Procedural Requirements When required to conduct an air quality analysis under this division: (1) The owner or operator of a source must submit a modeling protocol to DEQ and have it approved before submitting a permit application. (2) In addition to the requirements defined in OAR 340-216-0040 for permit applications, the owner or operator of a source must submit all information necessary to perform any analysis or make any determination required under this division. Such information may include, but is not limited to: (a) Emissions data for all existing and proposed emission points from the source or modification. This data must represent maximum emissions for the averaging times by regulated pollutant consistent with the ambient air quality standards in OAR chapter 340, division 202. (b) Stack parameter data, height above ground, exit diameter, exit velocity, and exit temperature, for all existing and proposed emission points from the source or modification; (c) An analysis of the air quality and visibility impact of the source or modification, including meteorological and topographical data, specific details of models used, and other information necessary to estimate air quality impacts; and (d) An analysis of the air quality and visibility impacts, and the nature and extent of all commercial, residential, industrial, and other source emission growth, that has occurred since the baseline concentration year in the area the source or modification would significantly affect; and (3) An analysis of the air quality impacts for comparison to significant impact levels, PSD increments, and ambient air quality standards is not required for PM increases equal to or greater than the PM SER. If applicable, DEQ may require the owner or operator of a source to conduct speciation of PM and perform an analysis for PM10 and PM2.5. [NOTE: This rule is included in the State of Oregon Clean Air Act Implementation Plan that EQC adopted under OAR 340-020-0040] Statutory/Other Authority: ORS 468.020 & 468A.070 Statutes/Other Implemented: ORS 468A History: DEQ 19-2022, amend filed 11/18/2022, effective 03/01/2023 DEQ 7-2015, f. & cert. ef. 4-16-15 DEQ 5-2011, f. 4-29-11, cert. ef. 5-1-11 Reverted to DEQ 6-2001, f. 6-18-01, cert. ef. 7-1-01 DEQ 10-2010(Temp), f. 8-31-10, cert. ef. 9-1-10 thru 2-28-11 DEQ 6-2001, f. 6-18-01, cert. ef. 7-1-01
340-225-0040 Air Quality Models All modeled estimates of ambient concentrations required under this division must be based on the applicable air quality models, data bases, and other requirements specified in 40 CFR part 51, Appendix W, "Guidelines on Air Quality Models (Revised)." Where an air quality impact model specified in 40 CFR part 51, Appendix W is inappropriate, the methods published in the FLAG are generally preferred for analyses in PSD Class I areas. Where an air quality impact model other than that specified in 40 CFR part 51, Appendix W is appropriate in PSD Class II and III areas, the model may be modified or another model substituted. Any change or substitution from models specified in 40 CFR part 51, Appendix W is subject to notice and opportunity for public comment and must receive prior written approval from DEQ and the EPA. [NOTE: This rule is included in the State of Oregon Clean Air Act Implementation Plan that EQC adopted under OAR 340-020-0040.] [NOTE: View a PDF of 40 C.F.R. Part 51, Appendix W by clicking on "Tables" link below.] [ED. NOTE: To view attachments referenced in rule text, click here to view rule.] Statutory/Other Authority: ORS 468.020 & 468A.070 Statutes/Other Implemented: ORS 468A History: DEQ 13-2019, amend filed 05/16/2019, effective 05/16/2019 DEQ 7-2015, f. & cert. ef. 4-16-15 DEQ 6-2001, f. 6-18-01, cert. ef. 7-1-01
340-225-0045 Requirements for Analysis in Maintenance Areas Modeling: For determining compliance with the maintenance area impact levels established in OAR 340-202-0225, the following methods must be used: (1) For each maintenance pollutant, a single source impact analysis is sufficient to show compliance with the maintenance area maximum impact levels if: (a) The modeled impacts from emission increases equal to or greater than a SER above the netting basis due to the proposed source or modification being evaluated are less than the Class II Significant Impact Levels specified in OAR 340-200-0020; and (b) The owner or operator provides an assessment of factors that may impact the air quality conditions in the area showing that the SIL by itself is protective of the maintenance area impact levels. The assessment must take into consideration but is not limited to the emission increases and decreases since the baseline concentration year from other sources that are expected to cause a significant concentration gradient in the vicinity of the source. Determination of significant concentration gradient may take into account factors including but not limited to ROI formula, spatial distribution of existing emission sources, topography, and meteorology. (2) If the requirement in section (1) is not satisfied, the owner or operator of a proposed source or modification must complete a competing source analysis to demonstrate that modeled impacts from the proposed increased emissions plus competing source impacts, plus the predicted maintenance area concentration are less than the maintenance area impact levels in OAR 340-202-0225 for all averaging times. (3) Any analyses performed under this section must be done in compliance with OAR 340-225-0030 and 340-225-0040, as applicable. [NOTE: This rule is included in the State of Oregon Clean Air Act Implementation Plan that EQC adopted under OAR 340-020-0040.] Statutory/Other Authority: ORS 468.020 & 468A.070 Statutes/Other Implemented: ORS 468A History: DEQ 13-2019, amend filed 05/16/2019, effective 05/16/2019 DEQ 7-2015, f. & cert. ef. 4-16-15 DEQ 5-2011, f. 4-29-11, cert. ef. 5-1-11 Reverted to DEQ 1-2005, f. & cert. ef. 1-4-05 DEQ 10-2010(Temp), f. 8-31-10, cert. ef. 9-1-10 thru 2-28-11 DEQ 1-2005, f. & cert. ef. 1-4-05 DEQ 11-2002, f. & cert. ef. 10-8-02
340-225-0060 Requirements for Demonstrating Compliance with Standards and Increments in PSD Class I Areas For determining compliance with AAQS and PSD increments in PSD Class I areas, the following methods must be used: (1) Before Jan. 1, 2003, the owner or operator of a source must model impacts and demonstrate compliance with standards and increments on all PSD Class I areas that may be affected by the source or modification. (2) On or after Jan. 1, 2003, the owner or operator of a source must meet the following requirements: (a) For each regulated pollutant, a single source impact analysis is sufficient to show compliance with PSD increments if modeled impacts from emission increases equal to or greater than a SER above the netting basis due to the proposed source or modification being evaluated are demonstrated to be less than the Class I significant impact levels specified in OAR 340-200-0020. If this requirement is not satisfied, the owner or operator must complete a competing source analysis to demonstrate that the increased source impacts above baseline concentration plus competing PSD increment consuming source impacts are less than the PSD Class I increments for all averaging times. (b) For each regulated pollutant, a single source impact analysis is sufficient to show compliance with AAQS if modeled impacts from emission increases equal to or greater than a SER above the netting basis due to the proposed source or modification being evaluated are demonstrated to be less than the Class I significant impact levels specified in OAR 340-200-0020. If this requirement is not satisfied, the owner or operator must complete a competing source analysis to demonstrate compliance with the AAQS by showing that its total modeled impacts plus total modeled competing source impacts plus general background concentrations are less than the AAQS for all averaging times. (c) The owner or operator also must demonstrate that the proposed source or modification will not cause or contribute to a new violation of an ambient air quality standard or PSD increment even if the single source impact is less than the significant impact levels under subsections (a) and (c), in accordance with OAR 340-202-0050(2). (3) Any analyses performed under this section must be done in compliance with OAR 340-225-0030 and 340-225-0040, as applicable. NOTE: This rule is included in the State of Oregon Clean Air Act Implementation Plan that EQC adopted under OAR 340-020-0040 Statutory/Other Authority: ORS 468.020 & 468A.070 Statutes/Other Implemented: ORS 468A History: DEQ 7-2015, f. & cert. ef. 4-16-15 DEQ 5-2011, f. 4-29-11, cert. ef. 5-1-11 Reverted to DEQ 11-2002, f. & cert. ef. 10-8-02 DEQ 10-2010(Temp), f. 8-31-10, cert. ef. 9-1-10 thru 2-28-11 DEQ 11-2002, f. & cert. ef. 10-8-02 DEQ 6-2001, f. 6-18-01, cert. ef. 7-1-01
340-226-0005 Applicability and Jurisdiction (1) This division applies in all areas of the state. (2) Subject to the requirements in this division and OAR 340-200-0010(3), LRAPA is designated by the EQC to implement the rules in this division within its area of jurisdiction. 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 468A Statutes/Other Implemented: ORS 468 & 468A History: DEQ 7-2015, f. & cert. ef. 4-16-15
340-226-0010 Definitions The definitions in OAR 340-200-0020, 340-204-0010 and this rule apply to this division. If the same term is defined in this rule and 340-200-0020 or 340-204-0010, the definition in this rule applies to this division. (1) "Refuse" means unwanted matter. (2) "Refuse burning equipment" means a device designed to reduce the volume of solid, liquid, or gaseous refuse by combustion. [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 13-2019, amend filed 05/16/2019, effective 05/16/2019 DEQ 7-2015, f. & cert. ef. 4-16-15 DEQ 6-2001, f. 6-18-01, cert. ef. 7-1-01 DEQ 14-1999, f. & cert. ef. 10-14-99, Renumbered from 340-021-0005 DEQ 3-1996, f. & cert. ef. 1-29-96 DEQ 4-1993, f. & cert. ef. 3-10-93 DEQ 1-1984, f. & ef. 1-16-84 DEQ 16, f. 6-12-70, ef. 7-11-70
340-226-0100 Highest and Best Practicable Treatment and Control: Policy and Application (1) As specified in OAR 340-226-0110 through 340-226-0140 and sections (2) and (3), DEQ will include appropriate conditions in permits to ensure that the highest and best practicable treatment and control of air contaminant emissions is in every case provided so as to maintain overall air quality at the highest possible levels, and to maintain contaminant concentrations, visibility reduction, odors, soiling and other deleterious factors at the lowest possible levels. The permit conditions must ensure that the degree of treatment and control provided must be such that degradation of existing air quality is minimized to the greatest extent possible. (2) The EQC encourages the owner or operator of a source to further reduce emissions from the source beyond applicable control requirements where feasible. (3) Nothing in OAR 340-226-0100 through 340-226-0140 revokes or modifies any existing permit term or condition unless or until DEQ revokes or modifies the term or condition by a permit revision. [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 19-2022, amend filed 11/18/2022, effective 03/01/2023 DEQ 7-2015, f. & cert. ef. 4-16-15 DEQ 6-2001, f. 6-18-01, cert. ef. 7-1-01 DEQ 14-1999, f. & cert. ef. 10-14-99, Renumbered from 340-028-0600 DEQ 19-1993, f. 11-4-93 & cert. ef. 1-1-94 DEQ 12-1993, f. & cert. ef. 9-24-93, Renumbered from 340-020-0001 DEQ 4-1993, f. & cert. ef. 3-10-93 DEQ 37, f. 2-15-72, ef. 3-1-72
340-226-0110 Highest and Best Practicable Treatment and Control: Pollution Prevention The owner or operator of a source is encouraged to take into account the overall impact of the control methods selected, considering risks to all environmental media and risks from all affected products and processes. The owner or operator of a source is encouraged, but not required, to use the following hierarchy in controlling air contaminant emissions: (1) Modify the process, raw materials or product to reduce the toxicity and quantity of air contaminants generated; (2) Capture and reuse air contaminants; (3) Treat to reduce the toxicity and quantity of air contaminants released; or (4) Otherwise control emissions. 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 6-2001, f. 6-18-01, cert. ef. 7-1-01 DEQ 14-1999, f. & cert. ef. 10-14-99, Renumbered from 340-028-0610 DEQ 19-1993, f. 11-4-93 & cert. ef. 1-1-94
340-226-0140 Highest and Best Practicable Treatment and Control: Additional Control Requirements for Stationary Sources of Air Contaminants In addition to other applicable requirements, DEQ may establish control requirements by permit if necessary as specified in sections (1) through (5): (1) Requirements will be established to prevent violation of an ambient air quality standard caused or projected to be caused substantially by emissions from the source as determined by modeling, monitoring, or a combination thereof. Any air quality analysis must be conducted in accordance with the procedures in OAR chapter 340, division 225. For existing sources, DEQ may conduct monitoring or modeling or may require a source to conduct monitoring or modeling to determine whether the source’s emissions will cause or contribute to a new exceedance of an ambient air quality standard. (2) Requirements will be established to prevent significant impairment of visibility in Class I areas caused or projected to be caused substantially by a source as determined by modeling, monitoring, or a combination thereof. For existing sources, DEQ will conduct monitoring to confirm visibility impairment. (3) A requirement applicable to a major source will be established if it has been adopted by EPA but has not otherwise been adopted by the EQC. (4) An additional control requirement will be established if requested by the owner or operator of a source. (5) Requirements will be established if necessary to protect public health or welfare for the following air contaminants and sources not otherwise regulated under OAR chapter 340, divisions 200 through 268: (a) Chemical weapons; and (b) Combustion and degradation by-products of chemical weapons. [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 & 468A.040 Statutes/Other Implemented: ORS 468A.025 & 468A.040 History: DEQ 19-2022, amend filed 11/18/2022, effective 03/01/2023 DEQ 7-2015, f. & cert. ef. 4-16-15 DEQ 15-2001, f. & cert. ef. 12-26-01 DEQ 6-2001, f. 6-18-01, cert. ef. 7-1-01 DEQ 14-1999, f. & cert. ef. 10-14-99, Renumbered from 340-028-0640 DEQ 19-1993, f. 11-4-93 & cert. ef. 1-1-94
340-226-0300 Particulate Emissions from Process Equipment: Applicability OAR 340-226-0300 through 340-226-0320 apply to all non-fugitive emissions from the following process equipment: (1) Inertial separators without baghouses; (2) Calciners; (3) Material dryers; (4) Material classifiers; (5) Conveyors; (6) Size reduction equipment; (7) Material storage structures; (8) Seed cleaning devices; and (9) Equipment other than that for which specific emission standards have been adopted. 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 & 468A Statutes/Other Implemented: ORS 468.020 & 468A.025 History: DEQ 6-2001, f. 6-18-01, cert. ef. 7-1-01 DEQ 14-1999, f. & cert. ef. 10-14-99, Renumbered from 340-021-0035 DEQ 3-1996, f. & cert. ef. 1-29-96 DEQ 4-1993, f. & cert. ef. 3-10-93 DEQ 37, f. 2-15-72, ef. 3-1-72
340-226-0310 Particulate Emissions from Process Equipment: Emission Standard No person may cause, suffer, allow, or permit the emissions of particulate matter in any one hour from any process in excess of the amount shown in OAR 340-226-8010, for the process weight rate allocated to such process. 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 6-2001, f. 6-18-01, cert. ef. 7-1-01 DEQ 14-1999, f. & cert. ef. 10-14-99, Renumbered from 340-021-0040 DEQ 4-1993, f. & cert. ef. 3-10-93 DEQ 37, f. 2-15-72, ef. 3-1-72
340-226-0320 Particulate Emissions from Process Equipment: Determination of Process Weight (1) Process weight is the total weight of all materials introduced into a piece of process equipment. Solid fuels charged are considered part of the process weight, but liquid and gaseous fuels and combustion air are not. (a) For a cyclical or batch operation, the process weight per hour is derived by dividing the total process weight by the number of hours in one complete operation, excluding any time during which the equipment is idle. (b) For a continuous operation, the process weight per hour is derived by dividing the process weight by a typical period of time, as approved by DEQ. (2) Where the nature of any process or operation or the design of any equipment permits more than one interpretation of this rule, the interpretation that results in the minimum value for allowable emission applies. 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 & 468A.070 Statutes/Other Implemented: ORS 468A.025 & 468A.070 History: DEQ 7-2015, f. & cert. ef. 4-16-15 DEQ 6-2001, f. 6-18-01, cert. ef. 7-1-01 DEQ 14-1999, f. & cert. ef. 10-14-99, Renumbered from 340-021-0045 DEQ 3-1996, f. & cert. ef. 1-29-96 DEQ 4-1993, f. & cert. ef. 3-10-93 DEQ 37, f. 2-15-72, ef. 3-1-72
340-226-0400 Alternative Emission Controls (Bubble) (1) DEQ may approve alternative emission controls for VOC and NOx emissions in a Standard ACDP or Oregon Title V Operating Permit for use within a single source such that a specific emission limit is exceeded, provided that: (a) Such alternatives are not specifically prohibited by a rule or permit condition. (b) Net total emissions for each regulated pollutant from all emissions units involved (i.e., “under the bubble”) are not increased above the PSEL. (c) The owner or operator of the source demonstrates the net air quality benefit under OAR 340-224-0520. (d) No other air contaminants including malodorous, toxic or hazardous pollutants are substituted. (e) BACT and LAER, where required by a previously issued permit pursuant to OAR 340 division 224 (NSR), OAR 340 division 238 (NSPS), and OAR 340 division 244 (NESHAP), where required, are not relaxed; (f) Specific emission limits are established for each emission unit involved (“under the bubble”) such that compliance with the PSEL can be readily determined; (g) The owner or operator of the source applies for a permit or permit modification and such application is approved by DEQ. (h) The emissions unit that reduces its emissions achieves the reductions by reducing its allowable emission rate, and not by reducing production, throughput, or hours of operation. (2) The permit will include a net emissions limit on total emissions from all devices or emissions units involved (“under the bubble”). (3) Alternative emission controls, in addition to those allowed in section (1), may be approved by DEQ and EPA as a source specific SIP amendment. 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, 468A.040 & 468A.310 Statutes/Other Implemented: ORS 468A History: DEQ 7-2015, f. & cert. ef. 4-16-15 DEQ 6-2001, f. 6-18-01, cert. ef. 7-1-01 DEQ 14-1999, f. & cert. ef. 10-14-99, Renumbered from 340-028-1030 DEQ 22-1995, f. & cert. ef. 10-6-95 DEQ 12-1993, f. & cert. ef. 9-24-93, Renumbered from 340-020-0315 DEQ 4-1993, f. & cert. ef. 3-10-93 DEQ 25-1981, f. & cert. ef. 9-8-81
340-226-8010 Table-Particulate Matter Emissions Standards for Process Equipment [NOTE: This rule is included in the State of Oregon Clean Air Act Implementation Plan that EQC adopted under OAR 340-200-0040.] [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 13-2019, amend filed 05/16/2019, effective 05/16/2019 DEQ 2-2018, minor correction filed 01/09/2018, effective 01/09/2018 DEQ 7-2015, f. & cert. ef. 4-16-15
340-228-0010 Applicability and Jurisdiction (1) This division applies in all areas of the state. (2) Subject to the requirements in this division and OAR 340-200-0010(3), LRAPA is designated by the EQC to implement the rules in this division within its area of jurisdiction. 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 340-021-0012 DEQ 10-1995, f. & cert. ef. 5-1-95
340-228-0020 Definitions The definitions in OAR 340-200-0020, 340-204-0010 and this rule apply to this division. If the same term is defined in this rule and 340-200-0020 or 340-204-0010, the definition in this rule applies to this division. (1) "Distillate fuel oil" means any oil meeting the specifications of ASTM Grade 1 or 2 fuel oils; (2) "Residual fuel oil" means any oil meeting the specifications of ASTM Grade 4, 5, or 6 fuel oils. [NOTE: This rule is included in the State of Oregon Clean Air Act Implementation Plan that EQC adopted under OAR 340-200-0040.] [NOTE: Referenced documents are available from the agency.] Statutory/Other Authority: 468A & ORS 468.020 Statutes/Other Implemented: ORS 468A.025 History: DEQ 13-2019, amend filed 05/16/2019, effective 05/16/2019 DEQ 7-2015, f. & cert. ef. 4-16-15 DEQ 1-2012, f. & cert. ef. 5-17-12 Reverted to DEQ 8-2007, f. & cert. ef. 11-8-07 DEQ 7-2011(Temp), f. & cert. ef. 6-24-11 thru 12-19-11 DEQ 8-2007, f. & cert. ef. 11-8-07 DEQ 14-1999, f. & cert. ef. 10-14-99, Renumbered from 340-021-0005, 340-022-0005, 340-022-0050 DEQ 3-1996, f. & cert. ef. 1-29-96 DEQ 4-1993, f. & cert. ef. 3-10-93 DEQ 1-1984, f. & ef. 1-16-84 DEQ 37-1972, f. 2-15-72, ef. 3-1-72 DEQ 16, f. 6-12-70, ef. 7-11-70
340-228-0100 Sulfur Content of Fuels: Residual Fuel Oils No person may sell, distribute, use, or make available for use, any residual fuel oil containing more than 1.75 percent sulfur by weight. NOTE: This rule is included in the State of Oregon Clean Air Act Implementation Plan as adopted by the Environmental Quality Commission 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 340-022-0010 DEQ 4-1993, f. & cert. ef. 3-10-93 DEQ 141, f. & ef. 8-25-77 DEQ 87, f. 3-25-75, ef. 4-25-75 DEQ 37, f. 2-15-72, ef. 3-1-72