justicedao/ipfs_state_laws huggingface dataset:
340-240-0610 Klamath Falls Nonattainment Area Contingency Measures: Continuous Monitoring for Industrial Sources (1) The owner or operator of an Oregon Title V Operating Permit program source, as defined in OAR 340-200-0020, must install and operate instrumentation for measuring and recording emissions or the parameters that affect the emission of particulate matter from wood-fired boilers by June 1, 2015, to ensure that the sources and the air pollution control devices are operated at all times at their full efficiency and effectiveness so that the emission of particulate matter is kept at the lowest practicable level. Continuous monitoring equipment and operation must be in accordance with the DEQ Continuous Monitoring Manual. [NOTE: The DEQ Continuous Monitoring Manual is published with OAR 340-200-0035.] (2) At a minimum, the monitoring required under paragraph (1) must include: (a) Continuous monitoring of control device parameters for any wood-fired boiler. (b) Continuous monitoring of opacity for any wood- fired boiler not controlled by a wet scrubber. [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 13-2019, amend filed 05/16/2019, effective 05/16/2019 DEQ 7-2015, f. & cert. ef. 4-16-15 DEQ 10-2012, f. & cert. ef. 12-11-12
340-240-0620 Klamath Falls Nonattainment Area Contingency Measures: Contingency Measures: New Industrial Sources New industrial sources must comply with OAR 340-240-0570 through 340-240-0610 immediately upon receiving an Air Contaminant Discharge Permit or an Oregon Title V Operating Permit. Statutory/Other Authority: ORS 468 & 468A Statutes/Other Implemented: ORS 468A.025 History: DEQ 10-2012, f. & cert. ef. 12-11-12
340-240-0630 Klamath Falls Nonattainment Area Contingency Measures: Contingency Enhanced Curtailment of Use of Solid Fuel Burning Devices and Fireplaces (1) Beginning on November 1 of each year and continuing through and including February 28 of the following year, no fireplace, as defined by OAR 340-262-0450, may emit more than 5.1 grams per kilogram of particulate emissions. A fireplace shall be deemed in compliance with this emission standard if it has been certified either in accordance with ASTM international standard test method E2558 or by the DEQ pursuant to 340-262-0500. A fireplace that is not certified as described in this rule shall be presumed not to comply with this rule. (2) The DEQ may approve exemptions from compliance with section (1) of this rule on days when the DEQ or the Klamath County Health Department has issued a local Klamath Falls Advisory Call indicating that it is a good ventilation day (a “green day”) that are also state holidays or days that the county has designated as a “special occasion day”. Any person who wishes to receive such an exemption must file an exemption application with the DEQ and the DEQ must have approved the exemption request prior to the green day. [NOTE: This rule is included in the State of Oregon Clean Air Act Implementation Plan that EQC adopted under OAR 340-200-0040.] [NOTE: Publications referenced are available from the agency.] Statutory/Other Authority: ORS 468 & 468A Statutes/Other Implemented: ORS 468A.010 - 468A.025 History: DEQ 13-2019, amend filed 05/16/2019, effective 05/16/2019 DEQ 10-2012, f. & cert. ef. 12-11-12
340-242-0010 Employee Commute Options Program: What is the Employee Commute Options Program? (1) The Employee Commute Options or "ECO" Program requires larger employers to provide commute options to encourage employees to reduce auto trips to the work site. (2) ECO is one of several strategies included in the Ozone Maintenance Plan for the Portland Air Quality Maintenance Area. The Ozone Maintenance Plan will keep the area in compliance with the federal ozone standard. Statutory/Other Authority: ORS 468.020 Statutes/Other Implemented: ORS 468A.363 History: DEQ 3-2007, f. & cert. ef. 4-12-07 DEQ 14-1999, f. & cert. ef. 10-14-99, Renumbered from 340-030-0800 DEQ 17-1996, f. & cert. ef. 8-14-96
340-242-0020 Employee Commute Options Program: Who is Subject to ECO? ECO applies to employers within the Portland Air Quality Maintenance Area (AQMA) with more than 100 employees at a work site. The Portland Air Quality Maintenance Area is defined in Oregon Administrative Rules (OAR) 340-204-0010 and is illustrated in Figure 1. [NOTE: View a PDF of Figures 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 Statutes/Other Implemented: ORS 468A.363 History: DEQ 13-2019, amend filed 05/16/2019, effective 05/16/2019 DEQ 3-2007, f. & cert. ef. 4-12-07 DEQ 14-1999, f. & cert. ef. 10-14-99, Renumbered from 340-030-0810 DEQ 17-1996, f. & cert. ef. 8-14-96
340-242-0030 Employee Commute Options Program: What Does ECO Require? Employers must provide commute options that have the potential to reduce employee commute auto trips by ten percent within three years of its baseline survey. Employers must continue to provide commute options that have the potential to achieve and maintain the reduced auto trip rate. Options are available for alternative emission reduction measures, credits for past actions, and exemptions. Statutory/Other Authority: ORS 468.020 Statutes/Other Implemented: ORS 468A.363 History: DEQ 3-2007, f. & cert. ef. 4-12-07 DEQ 14-1999, f. & cert. ef. 10-14-99, Renumbered from 340-030-0820 DEQ 17-1996, f. & cert. ef. 8-14-96
340-242-0040 Employee Commute Options Program: How Does the Department Enforce ECO? Enforcement procedures and civil penalties in OAR, chapter 340, division 12 apply. Under 340-012-0053(2) and 340-012-0054(2)(g), violations of the ECO rules are Class Two violations. Failure to achieve a ten percent trip reduction is not a violation; failure to make a good faith effort toward, or prepare and implement a plan designed to achieve, a ten percent trip reduction is a violation. Civil penalties are determined under 340-012-0045 Statutory/Other Authority: ORS 468.020 Statutes/Other Implemented: ORS 468A.363 History: DEQ 3-2007, f. & cert. ef. 4-12-07 DEQ 14-1999, f. & cert. ef. 10-14-99, Renumbered from 340-030-0830 DEQ 17-1996, f. & cert. ef. 8-14-96
340-242-0060 Employee Commute Options Program: Should All Employees at a Work Site Be Counted? The count of employees at a work site must include: (1) Employees from all shifts, Monday through Friday, during a 24-hour period, averaged over a 12-month period; (2) Employees on the employer’s payroll for at least six consecutive months at one work site; and (3) Part-time employees assigned to a work site 80 or more hours per 28-day-period; but (4) Excludes volunteers, disabled employees (as defined under the Americans with Disabilities Act), employees working on a non-scheduled work week, and employees required to use a personal vehicle as a condition of employment. Statutory/Other Authority: ORS 468.020 Statutes/Other Implemented: ORS 468A.363 History: DEQ 14-1999, f. & cert. ef. 10-14-99, Renumbered from 340-030-0850 DEQ 17-1996, f. & cert. ef. 8-14-96
340-242-0070 Employee Commute Options Program: What are the Major Requirements of ECO? To comply with ECO, employers must: (1) Conduct a baseline survey of employees to establish a baseline auto trip rate (or provide documentation of the current auto trip rate that is at least as accurate as a survey would provide); (2) Calculate a target auto trip rate by reducing the baseline auto trip rate by 10 percent; (3) Submit a registration form as supplied by the Department; (4) Design and implement a trip reduction strategy that has the potential to achieve the target auto trip rate by the target compliance deadline and the potential to maintain the target auto trip rate; (5) Either: (a) Prepare and implement an auto trip reduction plan for each work site and submit the plan to the Department for approval; or NOTE: Enforcement will be based upon implementing the approved plan, see OAR 340-242-0110. (b) Provide written notice to the Department of participation in an equivalent commute trip reduction program. NOTE: Enforcement will be based on good faith effort, see OAR 340-242-0180 and special requirements in OAR 340-242-0110. (6) Survey employees every two years, report survey findings to the Department; and (7) Continue to implement strategies to achieve or maintain the target auto trip rate. Statutory/Other Authority: ORS 468.020 Statutes/Other Implemented: ORS 468A.363 History: DEQ 3-2007, f. & cert. ef. 4-12-07 DEQ 14-1999, f. & cert. ef. 10-14-99, Renumbered from 340-030-0860 DEQ 17-1996, f. & cert. ef. 8-14-96
340-242-0080 Employee Commute Options Program: What are the Registration Requirements? (1) Employers must submit a registration form to the Department on forms provided by the Department. (2) Employers with multiple work sites may submit one application for all work sites. (3) Baseline survey findings must be submitted with the registration form in the format described on the registration form. Statutory/Other Authority: ORS 468.020 Statutes/Other Implemented: ORS 468A.363 History: DEQ 3-2007, f. & cert. ef. 4-12-07 DEQ 14-1999, f. & cert. ef. 10-14-99, Renumbered from 340-030-0870 DEQ 17-1996, f. & cert. ef. 8-14-96
340-242-0090 Employee Commute Options Program: What are the Requirements for an Employee Survey? (1) Employers may use the survey form provided by the Department or an alternate instrument. Any alternate survey instrument must be approved by the Department before use and must provide an opportunity for employees to indicate an interest in a carpool matching program; (2) The employer must distribute the survey form to all employees and achieve a minimum response rate of 75 percent; If the employer cannot achieve the minimum response rate for follow-up surveys within a reasonable amount of time, the Department will assign a single occupant vehicle mode to the percentage of employees who did not respond up to the 75% rate; (3) Employers with more than 400 employees at a work site may survey a statistically valid random sample of employees and must follow the Department's guidelines for random sampling; (4) Survey forms must be distributed during the week following a typical work week for the employer and not bordering a holiday; (5) The baseline survey must not be distributed to employees earlier than one year before reporting the results to the Department (older baseline surveys can be used to apply for credit, see OAR 340-242-0250); (6) Follow-up surveys must not be distributed to employees earlier than 90 days before reporting the results to the Department; (7) Employers must report survey findings to the Department every two years, and; (8) An alternative method may be substituted for the survey. Alternative methods must be at least as accurate as survey findings and must be approved by the Department (such methods might include counting cars in an employee parking lot or conducting work site entrance verbal surveys). Statutory/Other Authority: ORS 468.020 Statutes/Other Implemented: ORS 468A.363 History: DEQ 3-2007, f. & cert. ef. 4-12-07 DEQ 14-1999, f. & cert. ef. 10-14-99, Renumbered from 340-030-0880 DEQ 17-1996, f. & cert. ef. 8-14-96
340-242-0110 Employee Commute Options Program: What If an Employer Does Not Meet the Target Auto Trip Rate? (1) An employer with an approved plan who has fully implemented its plan yet has not achieved its target auto trip rate by the target compliance date, or does not maintain its target rate on biennial basis, must submit a revised plan within 60 days following the target compliance date in any given year. If an employer has not fully implemented its plan, the employer is subject to an enforcement action by the Department. (2) An employer participating in an equivalent commute trip reduction program who does not achieve its target auto trip rate by the target compliance date must demonstrate that a good faith effort was made to achieve the target rate. Requirements for documenting good faith effort are described in 340-242-0180. The employer must also submit a trip reduction plan within 60 days following the target compliance date. If an employer cannot demonstrate that a good faith effort was made, the employer is subject to an enforcement action by the Department. (3) An employer will not be required to submit further plan revisions to its initial plan if, after fully implementing two revisions, the target auto trip rate is not reached. The employer must maintain strategies identified in its plan, or revisions to that plan, that resulted in improvements to the auto trip rate. Statutory/Other Authority: ORS 468.020 Statutes/Other Implemented: ORS 468A.363 History: DEQ 3-2007, f. & cert. ef. 4-12-07 DEQ 14-1999, f. & cert. ef. 10-14-99, Renumbered from 340-030-0900 DEQ 17-1996, f. & cert. ef. 8-14-96
340-242-0120 Employee Commute Options Program: How Will Employers Demonstrate Progress Toward the Target Auto Trip Rate? Employers must submit employee survey findings, including a calculated auto trip rate, to the Department. The Department will compare the reported auto trip rate with the employer's target auto trip rate. Statutory/Other Authority: ORS 468.020 Statutes/Other Implemented: ORS 468A.363 History: DEQ 3-2007, f. & cert. ef. 4-12-07 DEQ 14-1999, f. & cert. ef. 10-14-99, Renumbered from 340-030-0910 DEQ 17-1996, f. & cert. ef. 8-14-96
340-242-0140 Employee Commute Options Program: How Should Employers Account for Changes in Work Force Size? The target auto trip rate remains constant regardless of changes in work force size. Employers experiencing an annual increase or decrease in the number of employees reporting to a work site must simply maintain the target auto trip rate. NOTE: For example, an employer has 200 employees and 180 autos arriving at the work site. The employer’s baseline auto trip rate is 180 autos/200 employees, or .90. The target auto trip rate is .90 minus 10 percent, or .81. The employer’s work force increases to 300 employees. The target auto trip rate remains .81. In order to maintain the target auto trip rate, auto trips to the work site cannot exceed (300 X .81), or 243 trips. Similarly, if the employer’s work force decreases to 100 employees, the target auto trip rate remains .81, and auto trips to the work site cannot exceed (100 X .81) or 81 trips. Statutory/Other Authority: ORS 468.020 Statutes/Other Implemented: ORS 468A.363 History: DEQ 14-1999, f. & cert. ef. 10-14-99, Renumbered from 340-030-0930 DEQ 17-1996, f. & cert. ef. 8-14-96
340-242-0150 Employee Commute Options Program: How Can an Employer Reduce Auto Commute Trips to a Work Site? Employee commute option programs include, but are not limited to: (1) Promoting carpool and vanpool programs; (2) Offering transit subsidies; (3) Establishing telecommuting opportunities; (4) Offering compressed work week schedules; (5) Providing an emergency ride home program; (6) Sponsoring shuttle buses to and from transit terminals and/or during lunch hours for errands; (7) Improving facilities to promote bicycle use; (8) Establishing on-site amenities to decrease employees’ need for a car at the work site; (9) Discontinuing parking subsidies and charging all employees for parking. Statutory/Other Authority: ORS 468.020 Statutes/Other Implemented: ORS 468A.363 History: DEQ 14-1999, f. & cert. ef. 10-14-99, Renumbered from 340-030-0940 DEQ 17-1996, f. & cert. ef. 8-14-96
340-242-0160 Employee Commute Options Program: What Should Be Included in an Auto Trip Reduction Plan? An auto trip reduction plan must include: (1) The results of the baseline survey (or comparable documentation); (2) Calculation of baseline and target auto trip rates; (3) Any employee commute option programs currently in use at the work site; (4) New commute options to be implemented at the work site that have the potential to achieve and maintain the target auto trip rate; (5) Empirical evidence that the commute option(s) to be offered or supported by the employer have the potential to achieve and maintain the target auto trip rate (employers may reference the Department's report Alternatives to Single Occupant Vehicle Trips or provide equivalent documentation); (6) Any unique aspects of the business or work site influencing the trip reduction strategies selected; (7) A schedule for implementing each of the selected commute option measures; (8) Any alternative emission reduction proposals prepared by the employer according to OAR 340-242-0240; (9) The name, title, telephone number, and business mailing address of the person designated by the employer as the contact for the work site (contact person does not have to be located at the work site); and a signed statement certifying that the documents and information submitted in the plan are true and correct to the best of that person's knowledge. [Publications: Publications referenced are available from the agency.] Statutory/Other Authority: ORS 468.020 Statutes/Other Implemented: ORS 468A.363 History: DEQ 3-2007, f. & cert. ef. 4-12-07 DEQ 14-1999, f. & cert. ef. 10-14-99, Renumbered from 340-030-0950 DEQ 17-1996, f. & cert. ef. 8-14-96
340-242-0170 Employee Commute Options Program: When Will the Department Act on a Submitted Auto Trip Reduction Plan? The Department will approve or notify the employer of deficiencies in a submitted auto trip reduction plan, based on the criteria in OAR 340-242-0160, within 90 days or the plan will be automatically approved. The employer will have 30 days to correct the deficiencies and resubmit the plan to the Department. Plan approvals will be documented by letter from the Department to the employer. Employers must submit any subsequent plan modifications to the Department for review and approval. If the employer objects to any condition or limitation in the Department’s letter, the employer may request a contested case hearing before the Commission or its authorized representative. Such a request for hearing must be made in writing to the Director and received by the Department within 20 days of the date of mailing of the letter. Any subsequent hearing will be conducted pursuant to the provisions of ORS 183 and OAR 340, division 11. Statutory/Other Authority: ORS 468.020 Statutes/Other Implemented: ORS 468A.363 History: DEQ 14-1999, f. & cert. ef. 10-14-99, Renumbered from 340-030-0960 DEQ 17-1996, f. & cert. ef. 8-14-96
340-242-0180 Employee Commute Options Program: What is a Good Faith Effort? Employers who participate in an equivalent commute trip reduction program and then fail to meet their target auto trip rates must demonstrate that a good faith effort was made to meet the target trip reduction. An employer must demonstrate good faith effort by submitting written documentation of the following: (1) Employer established a baseline auto trip rate and corresponding target auto trip rate and conducted follow-up surveys to determine employee commute patterns and progress toward achieving the target trip reduction; (2) Employer selected trip reduction strategies that had a reasonable likelihood of success based on documentation in the Department's report Alternatives to Single Occupant Vehicle Trips or equivalent documentation (for example, auto trip reduction experience by employers in a comparable region); and (3) Employer fully implemented all selected strategies, or their equivalent, on a schedule that would have reasonably allowed the employer to achieve the target auto trip rate by the target compliance deadline. [Publications: Publications referenced are available from the agency.] Statutory/Other Authority: ORS 468.020 Statutes/Other Implemented: ORS 468A.363 History: DEQ 3-2007, f. & cert. ef. 4-12-07 DEQ 14-1999, f. & cert. ef. 10-14-99, Renumbered from 340-030-0970 DEQ 17-1996, f. & cert. ef. 8-14-96
340-242-0190 Employee Commute Options Program: How Does the ECO Program Affect New Employers, Expanding Employers and Employers Relocating within the Portland AQMA? (1) An expanding employer who increases the number of employees at any single work site within the Portland AQMA to more than 100 after the effective date of the ECO rules must comply with the ECO rules. An employer relocating a work site within the Portland AQMA is considered a new employer upon relocation and must set a new baseline and target auto trip rate and comply with the ECO rules. Relocating employers may apply for credit for existing trip reductions that carry over to the new work site. Expanding employers and new employers must meet the requirements of this rule within the following number of days after they become affected employers: (a) Survey employees and submit survey findings and a registration form within 90 days; (b) Select strategies that have the potential to meet the target trip reduction and submit a trip reduction plan or notice of intent to reduce trips without an approved plan within 180 days; and (c) Conduct follow-up surveys every two years and report findings to the Department within 90 days of surveying. (2) An employer affected by this rule may choose to demonstrate compliance through 340-242-0260(5) (use of area average rate). Statutory/Other Authority: ORS 468.020 Statutes/Other Implemented: ORS 468A.363 History: DEQ 3-2007, f. & cert. ef. 4-12-07 DEQ 14-1999, f. & cert. ef. 10-14-99, Renumbered from 340-030-0980 DEQ 17-1996, f. & cert. ef. 8-14-96
340-242-0200 Employee Commute Options Program: Can a New or Relocating Employer Comply with ECO Through Restricted Parking Ratios? An employer locating at a work site within the AQMA after the effective date of the ECO rules will be exempt from the ECO rules for that work site if: (1) The new work site meets the requirements of the Department's Voluntary Parking Ratio rules (OAR 340-242-0300 through 340-242-0390); or (2) If the employer provides free or subsidized parking, including leased parking, above the Department's maximum parking ratio to any employees at the work site (except to employees required to have a vehicle at the work site as a condition of employment), then either: (a) A transportation allowance is offered to those employees provided free or subsidized parking that exceeds the Department's maximum parking ratio. The transportation allowance must be offered in lieu of the free or subsidized parking in an amount equal to or greater than the amount of the subsidy, but not to exceed the maximum allowed for transit by the Internal Revenue Service for the Qualified Transportation Fringe Benefits included under Section 132(F), Notice 94-3 of the tax code; or (b) All employees at the work site are offered a transit subsidy or its equivalent at least equal to 50 percent of the value of a Tri-Met all-zone transit pass. (3) An employer must submit this documentation with an exemption application to the Department by the deadline for plan or notice submittal and certify that they continue to meet these requirements every two years. Employers meeting the requirements of this rule do not need to conduct a baseline survey of employees. However, employers whose applications are denied must then conduct a baseline survey and submit the findings to the Department within 90 days of notice by the Department. Statutory/Other Authority: ORS 468.020 Statutes/Other Implemented: ORS 468A.363 History: DEQ 3-2007, f. & cert. ef. 4-12-07 DEQ 14-1999, f. & cert. ef. 10-14-99, Renumbered from 340-030-0990 DEQ 17-1996, f. & cert. ef. 8-14-96