justicedao/ipfs_state_laws huggingface dataset:
340-248-0220 Emission Standards and Procedural Requirements: Reporting Requirements for Asbestos Sources Using Air Cleaning Devices (1) New sources this rule covers must submit the requested information 90 days before initial startup. The reporter must submit changes in the information provided to DEQ within 30 days after the change. (2) Sources covered by OAR 340-248-0210(1) Mills, 340-248-0210(3) Manufacturing, 340-248-0275(4) Fabricating, and 340-248-0230 Asbestos to Nonasbestos Conversion Operations, must provide the following information to DEQ: (a) A description of the emission control equipment used for each process; (b) If a fabric filter device is used to control emissions: (A) The airflow permeability in m3/min/m2 (ft3/min/ft2) if the fabric filter device uses a woven fabric, and, if the fabric is synthetic, whether the fill yarn is spun or not spun; and (B) If the fabric filter device uses a felted fabric, the density in g/m2 (oz/yd2), the minimum thickness in millimeters (inches), and the airflow permeability in m3/min/m2 (ft3/min/ft2); and (c) If a HEPA filter is used to control emissions, the certified efficiency. (3) Sources covered by this rule and subject to OAR 340-248-0280(1) through 340-248-0280(9) must submit the following information: (a) A brief description of each process that generates asbestos-containing waste material; (b) The average volume of asbestos-containing waste material disposed of, measured in m3/day (yd3/day); (c) The emission control methods used in all stages of waste disposal; and (d) The type of disposal site or incineration site used for ultimate disposal, the name of the site operator, and the name and location of the disposal site. (4) Sources this rule covers and subject to OAR 340-248-0280(10) or 340-248-0280(11) must provide the following information: (a) A brief description of the site; and (b) The method or methods used to comply with the standards, or alternative procedures used. Statutory/Other Authority: ORS 468 & 468A Statutes/Other Implemented: ORS 468A.745 History: DEQ 195-2018, amend filed 11/15/2018, effective 11/15/2018 DEQ 9-2003, f. 5-21-03, cert. ef. 6-21-03 DEQ 19-2002(Temp), f. & cert. ef. 12-23-02 thru 6-21-03 DEQ 1-2002, f. & cert. ef. 2-4-02 DEQ 14-1999, f. & cert. ef. 10-14-99, Renumbered from 340-032-5604 DEQ 26-1995, f. & cert. ef. 12-6-95
340-248-0230 Emission Standards and Procedural Requirements: Asbestos to Nonasbestos Conversion Operations (1) 40 C.F.R. Part 61.155 is by this reference adopted and incorporated herein. (2) The following substitutions are made in 40 C.F.R. Part 61.155: (a) "Administrator" means "DEQ"; (b) §61.150 means OAR 340-248-0280; (c) §61.152 means OAR 340-248-0275(2)(a); (d) §61.154 means OAR 340-248-0280; (e) §61.154(e) means OAR 340-248-0280(10)(a); and (f) §61.154(f) means OAR 340-248-0280(10)(b). Statutory/Other Authority: ORS 468 & 468A Statutes/Other Implemented: ORS 468A.745 History: DEQ 195-2018, amend filed 11/15/2018, effective 11/15/2018 DEQ 1-2002, f. & cert. ef. 2-4-02 DEQ 14-1999, f. & cert. ef. 10-14-99, Renumbered from 340-032-5605 DEQ 26-1995, f. & cert. ef. 12-6-95
340-248-0240 Emission Standards and Procedural Requirements: Asbestos Inspection Requirements for Oregon Title V Operating Permit Program Sources This rule applies to renovation and demolition at major sources subject to the Oregon Title V Operating Permit program as defined in OAR 340-200-0020. (1) To determine applicability of DEQ's asbestos regulations, the owner or operator of a renovation or demolition activity must thoroughly survey, using an accredited inspector, the affected area for the presence of asbestos, including nonfriable asbestos. A copy of that survey report must remain on site during a demolition or renovation activity. (2) For demolition or renovation where no asbestos-containing material is present, the facility owner or operator, the owner or operator of a demolition or renovation activity, or the contractor must submit written notification to DEQ on an approved form. The submitter must provide notification as follows: (a) Submit the notification, as specified in section (3) of this rule, to DEQ at least 10 days before beginning a demolition project. (b) A notification of demolition is void if the submitter does not notify DEQ before making a change in the scheduled starting or completion date or any other substantive change. (3) The submitter must provide the following information for each notification of demolition or renovation: (a) Name, address, and telephone number of the person conducting the demolition or renovation; (b) Contractor's Oregon demolition license number, if applicable; (c) Certification that no asbestos was found during the predemolition survey and that if asbestos-containing material is uncovered during demolition the procedures found in OAR 340-248-0250 through 340-248-0280 will be followed; (d) Description of building, structure, facility, installation, vehicle, or vessel to be demolished, including: (A) The age and present and prior use of the facility; and (B) Address or location of the scheduled demolition project; (e) Major source owner or operator name, address and phone number; (f) Scheduled starting and completion dates of demolition work; and (g) Other information requested on DEQ form. Statutory/Other Authority: ORS 468 & 468A Statutes/Other Implemented: ORS 468A.745 History: DEQ 195-2018, amend filed 11/15/2018, effective 11/15/2018 DEQ 9-2003, f. 5-21-03, cert. ef. 6-21-03 DEQ 19-2002(Temp), f. & cert. ef. 12-23-02 thru 6-21-03 DEQ 1-2002, f. & cert. ef. 2-4-02 DEQ 14-1999, f. & cert. ef. 10-14-99, Renumbered from 340-032-5610 DEQ 22-1995, f. & cert. ef. 10-6-95 DEQ 24-1994, f. & cert. ef. 10-28-94 DEQ 13-1994, f. & cert. ef. 5-19-94 DEQ 20-1993(Temp), f. & cert. ef. 11-4-93
340-250-0010 Purpose (1) The purpose of these rules is to implement Section 176(c) of the Clean Air Act (Act), (Public Law 88-206 as last amended by Public Law 101-549) and regulations under 40 CFR Part 51 subpart W (July 1, 1994), with respect to the conformity of general federal actions to the applicable implementation plan. Under those authorities no department, agency or instrumentality of the federal Government shall engage in, support in any way or provide financial assistance for, license or permit, or approve any activity which does not conform to an applicable implementation plan. These rules set forth policy, criteria, and procedures for demonstrating and assuring conformity of such actions to the applicable implementation plan. (2) Under Section 176(c) of the Act and 40 CFR Part 51 subpart W (July 1, 1994), a federal agency must make a determination that a federal action conforms to the applicable SIP in accordance with this division before the action is taken. (3) Section (2) of this rule does not include federal actions where either: (a) A National Environmental Policy Act (NEPA) analysis was completed as evidenced by a final environmental assessment (EA), environmental impact statement (EIS), or finding of no significant impact (FONSI) that was prepared prior to January 31, 1994; or (b) the following has been completed: (A) Prior to January 31, 1994, an EA was commenced or a contract was awarded to develop the specific environmental analysis; (B) Sufficient environmental analysis is completed by March 15, 1994 so that the federal agency may determine that the federal action is in conformity with the specific requirements and the purposes of the applicable SIP pursuant to the agency’s affirmative obligation under Section 176(c) of the Act; and (C) A written determination of conformity under Section 176(c) of the Act has been made by the federal agency responsible for the federal action by March 15, 1994. (4) Notwithstanding any provision of this division, a determination that an action is in conformance with the applicable implementation plan does not exempt the action from any other requirements of the applicable implementation plan, the NEPA, or the Act. Statutory/Other Authority: ORS 468.020 & 468A.035 Statutes/Other Implemented: ORS 468A.035 History: DEQ 14-1999, f. & cert. ef. 10-14-99, Renumbered from 340-020-1500 DEQ 17-1998, f. & cert. ef. 9-23-98 DEQ 9-1995, f. & cert. ef. 5-1-95
340-250-0040 Conformity Analysis Any federal department, agency, or instrumentality of the federal government taking an action subject to OAR 340-250-0020(3) must make its own conformity determination consistent with the requirements of this division. In making its conformity determination, a federal agency must consider comments from any interested parties. Where multiple federal agencies have jurisdiction for various aspects of a project, a federal agency may choose to adopt the analysis of another federal agency or develop its own analysis in order to make its conformity determination. Statutory/Other Authority: ORS 468.020 & 468A.035 Statutes/Other Implemented: ORS 468A.035 History: DEQ 14-1999, f. & cert. ef. 10-14-99, Renumbered from 340-020-1530 DEQ 17-1998, f. & cert. ef. 9-23-98 DEQ 9-1995, f. & cert. ef. 5-1-95
340-250-0050 Reporting Requirements (1) A federal agency making a conformity determination under OAR 340-250-0080 must provide to the appropriate EPA Regional Office(s), state and local air quality agencies and, where applicable, affected federal land managers, the agency designated under Section 174 of the Act and the MPO a 30 day notice which describes the proposed action and the federal agency’s draft conformity determination on the action. (2) A federal agency must notify the appropriate EPA Regional Office(s), state and local air quality agencies and, where applicable, affected land managers, the agency designated under Section 174 of the Clean Air Act and the MPO within 30 days after making a final conformity determination under OAR 340-250-0080. Statutory/Other Authority: ORS 468.020 & 468A.035 Statutes/Other Implemented: ORS 468A.035 History: DEQ 14-1999, f. & cert. ef. 10-14-99, Renumbered from 340-020-1540 DEQ 9-1995, f. & cert. ef. 5-1-95
340-250-0060 Public Participation (1) Upon request by any person regarding a specific federal action, a federal agency must make available for review its draft conformity determination under OAR 340-250-0080 with supporting material which describe the analytical methods, assumptions and conclusions relied upon in making the applicability analysis and draft conformity determination. (2) A federal agency must make public its draft conformity determination under 340-250-0080 by placing a notice by prominent advertisement in a daily newspaper of general circulation in the area affected by the action and by providing 30 days for written public comment prior to taking any formal action on the draft determination. This comment period may be concurrent with any other public involvement, such as occurs in the NEPA process. (3) A federal agency must document its response to all the comments received on its draft conformity determination under OAR 340-250-0080 and make the comments and responses available, upon request by any person regarding a specific federal action, within 30 days of the final conformity determination. (4) A federal agency must make public its final conformity determination under 340-250-0080 for a federal action by placing notice by prominent advertisement in a daily newspaper of general circulation in the area affected by the action within 30 days of the final conformity determination. Statutory/Other Authority: ORS 468.020 & 468A.035 Statutes/Other Implemented: ORS 468A.035 History: DEQ 14-1999, f. & cert. ef. 10-14-99, Renumbered from 340-020-1550 DEQ 9-1995, f. & cert. ef. 5-1-95
340-250-0070 Frequency of Conformity Determinations (1) The conformity status of a federal action automatically lapses 5 years from the date a final conformity determination is reported under OAR 340-250-0050, unless the federal action has been completed or a continuous program has been commenced to implement that federal action within a reasonable time. (2) Ongoing federal activities at a given site showing continuous progress are not new actions and do not require periodic redeterminations so long as the emissions associated with such activities are within the scope of the final conformity determination reported under OAR 340-250-0050. (3) If, after the conformity determination is made, the federal action is changed so that there is an increase in the total of direct and indirect emissions above the levels in OAR 340-250-0020(4), a new conformity determination is required. Statutory/Other Authority: ORS 468.020 & 468A.035 Statutes/Other Implemented: ORS 468A.035 History: DEQ 14-1999, f. & cert. ef. 10-14-99, Renumbered from 340-020-1560 DEQ 9-1995, f. & cert. ef. 5-1-95
340-250-0100 Mitigation of Air Quality Impacts (1) Any measures that are intended to mitigate air quality impacts must be identified and the process for implementation and enforcement of such measures must be described, including an implementation schedule containing explicit timelines for implementation. (2) Prior to determining that a federal action is in conformity, the federal agency making the conformity determination must obtain written commitments from the appropriate persons or agencies to implement any mitigation measures which are identified as conditions for making conformity determinations. Such written comments shall describe the mitigation measures and the nature of the commitments in a manner consistent with section (1) of this rule. (3) Persons or agencies voluntarily committing to mitigation measures to facilitate positive conformity determinations must comply with the obligations of such commitments. (4) In instances where the federal agency is licensing, permitting or otherwise approving the action of another governmental or private entity, approval by the federal agency must be conditioned on the other entity meeting the mitigation measures set forth in the conformity determination, as provided in section (1) of this rule. (5) When necessary because of changed circumstances, mitigation measures may be modified so long as the new mitigation measures continue to support the conformity determination. Any proposed change in the mitigation measures is subject to the reporting requirements of OAR 340-250-0050 and the public participation requirements of 340-250-0060. (6) Written commitments to mitigation measures must be obtained prior to a positive conformity determination and all such commitments must be fulfilled. (7) After the Department revises its SIP to adopt its general conformity rules and EPA approves that SIP revision, any agreements, necessary for a conformity determination will be both state and federally enforceable. Enforceability through the applicable SIP will apply to all persons who agree to mitigate direct emissions and indirect emissions associated with a federal action for a conformity determination. Statutory/Other Authority: ORS 468.020 & 468A.035 Statutes/Other Implemented: ORS 468A.035 History: DEQ 14-1999, f. & cert. ef. 10-14-99, Renumbered from 340-020-1590 DEQ 17-1998, f. & cert. ef. 9-23-98 DEQ 9-1995, f. & cert. ef. 5-1-95
340-250-0110 Savings Provision The federal conformity rules under 40 CFR Part 51, Subpart W (July 1, 1994), in addition to any existing applicable state requirements, establish the conformity criteria and procedures necessary to meet the requirements of CAA Section 176(c) until such time as this division are approved by EPA. Following EPA approval of these rules, the state criteria and procedures in this division would govern conformity determinations. In addition, any previously applicable SIP requirements relating to conformity remain enforceable until the state revises its applicable implementation plan to specifically remove them, and that revision is approved by EPA. Statutory/Other Authority: ORS 468.020 & 468A.035 Statutes/Other Implemented: ORS 468A.035 History: DEQ 14-1999, f. & cert. ef. 10-14-99, Renumbered from 340-020-1600 DEQ 9-1995, f. & cert. ef. 5-1-95
340-252-0010 Purpose The purpose of this division is to implement section 176(c) of the Clean Air Act, as amended [42 U.S.C. 7401 et seq.], and the related requirements of 23 U.S.C. 109(j), with respect to the conformity of transportation plans, programs, and projects which are developed, funded, or approved by the United States Department of Transportation (DOT), and by metropolitan planning organizations (MPOs) or other recipients of funds under Title 23 U.S.C. or the Federal Transit Laws (49 U.S.C. Chapter 53). This division sets forth policy, criteria, and procedures for demonstrating and assuring conformity of such activities to an applicable implementation plan developed pursuant to section 110 and Part D of the CAA. Statutory/Other Authority: ORS 468.020 Statutes/Other Implemented: ORS 468A.035 History: DEQ 14-1999, f. & cert. ef. 10-14-99, Renumbered from 340-020-0710 DEQ 17-1998, f. & cert. ef. 9-23-98 DEQ 7-1995, f. & cert. ef. 3-29-95
340-252-0030 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. Terms used but not defined in this rule shall have the meaning given them by the CAA, Titles 23 and 49 U.S.C., other Environmental Protection Agency regulations, or other DOT regulations, in that order of priority. (1) “Air pollution control agency” has the meaning given that term in section 176(c)(7)(E) of the FCAA. (2) "Consult" or "consultation" means that the party or parties responsible for consultation as established in OAR 340-252-0060 shall provide all appropriate information necessary to making a conformity determination and, prior to making a conformity determination, except with respect to a transportation plan or TIP revision which merely adds or deletes exempt projects, consider the views of such parties and provide a timely, written response to those views. Such views and written responses shall be included in the record of decision or action. (3) "DEQ" means the Department of Environmental Quality. (4) "ODOT" means the Oregon Department of Transportation. (5) "Policy level official" means elected officials, and management and senior staff level employees. (6) "Regional air authority" means a regional air authority established pursuant to ORS 468A.105. (7) "Scope" means "design scope" as defined in 40 CFR 93.101 when the term follows "design concept and...." Statutory/Other Authority: ORS 468.020 Statutes/Other Implemented: ORS 468A.035 History: DEQ 2-2010, f. & cert. ef. 3-5-10 DEQ 14-1999, f. & cert. ef. 10-14-99, Renumbered from 340-020-0720 DEQ 17-1998, f. & cert. ef. 9-23-98 DEQ 7-1995, f. & cert. ef. 3-29-95
340-252-0070 Timeframe of Conformity Determinations Any election by an MPO to shorten the timeframe of a conformity determination under 40 CFR 93.106(d) requires approval of the Department of Environmental Quality or the Lane Regional Air Protection Agency, as applicable. A shortened timeframe may be appropriate, for example, when projected future emissions fail to meet a Motor Vehicle Emissions Budget (MVEB) due to calculation methods that are inconsistent with the methods used to determine the MVEB. Such circumstances may exist for example, when emissions estimation methods have changed from those used to establish the MVEB. Statutory/Other Authority: ORS 468.020 Statutes/Other Implemented: ORS 468A.035 History: DEQ 2-2010, f. & cert. ef. 3-5-10 DEQ 14-1999, f. & cert. ef. 10-14-99, Renumbered from 340-020-0770 DEQ 17-1998, f. & cert. ef. 9-23-98 DEQ 7-1995, f. & cert. ef. 3-29-95
340-252-0230 Written Commitments (1) In accordance with 40 CFR 93.122(a)(4)(ii), prior to making a conformity determination on the transportation plan or TIP, a Metropolitan Planning Organization or the Oregon Department of Transportation may not include emissions reduction credits from any control measures that are not included in the transportation plan or TIP and that do not require a regulatory action in the regional emissions analysis unless the Metropolitan Planning Organization, Oregon Department of Transportation or Federal Highway Administration/Federal Transit Administration obtains written commitments, as defined in 40 CFR 93.101, from the appropriate entities to implement those control measures. The written commitments to implement those control measures must be fulfilled by the appropriate entities. (2) In accordance with 40 CFR 93.125(c), prior to making a project-level conformity determination for a transportation project, the Federal Highway Administration/Federal Transit Administration must obtain from the project sponsor or operator written commitments, as defined in 40 CFR 93.101, to implement any project-level mitigation or control measures in the construction or operation of the project identified as conditions for NEPA process completion. The written commitments to implement those project-level mitigation or control measures must be fulfilled by the appropriate entities. Prior to making a conformity determination on the transportation plan or TIP a Metropolitan Planning Organization or Oregon Department of Transportation must ensure any project-level mitigation or control measures are included in the project design concept and Scope and are appropriately identified in the regional emissions analysis. Prior to making a project-level conformity determination, written commitments must be obtained before such mitigation or control measures are used in a project-level hot-spot analysis. [Publications: Publications referenced are available from the agency.] Statutory/Other Authority: ORS 468.020 Statutes/Other Implemented: ORS 468A.035 History: DEQ 2-2010, f. & cert. ef. 3-5-10 DEQ 14-1999, f. & cert. ef. 10-14-99, Renumbered from 340-020-1010 DEQ 17-1998, f. & cert. ef. 9-23-98 DEQ 7-1995, f. & cert. ef. 3-29-95
340-253-0000 Overview (1) Context. The Oregon Legislature has found that climate change poses a serious threat to the economic well-being, public health, natural resources, and environment of Oregon. Section 1, chapter 907, Oregon Laws 2007. The Oregon Clean Fuels Program will reduce Oregon’s contribution to the global levels of greenhouse gas emissions and the impacts of those emissions in Oregon in concert with other greenhouse gas reduction policies and actions by local governments, other states, and the federal government. (2) Purpose. The purpose of the Oregon Clean Fuels Program is to reduce the amount of lifecycle greenhouse gas emissions per unit of energy by a minimum of 10 percent below 2010 levels by 2025, 20 percent by 2030, and 37 percent by 2035. This reduction goal applies to the average of all transportation fuels used in Oregon, not to individual fuels. A fuel user does not violate the standard by possessing fuel that has higher carbon content than the clean fuel standard allows. (3) Background. The 2009 Oregon Legislature adopted House Bill 2186 enacted as chapter 754 of Oregon Laws 2009. The law authorizes the Environmental Quality Commission to adopt low carbon fuel standards for gasoline, diesel fuel and fuels used as substitutes for gasoline or diesel fuel. Sections 6 to 9 of chapter 754, Oregon Laws 2009 is printed as a note following ORS 468A.270 in the 2011 Edition. The 2015 Oregon Legislature amended those provisions when it adopted Senate Bill 324 (chapter 4, Oregon Laws 2015), which was codified in ORS 468A.265 through 468A.277. ORS 468A.265 through 468A.277 were further amended by the 2017 Oregon Legislature in House Bill 2017. OAR chapter 340, division 253 implements that law. (4) LRAPA. Notwithstanding Lane Regional Air Pollution Agency authorization in OAR 340-200-0010(3), DEQ administers this division in all areas of the State of Oregon. Statutory/Other Authority: ORS 468.020, 468A.266, 468A.268 & 468A.277 Statutes/Other Implemented: ORS 468.020 & ORS 468A.265 through 468A.277 History: DEQ 17-2022, amend filed 09/23/2022, effective 01/01/2023 DEQ 199-2018, amend filed 11/16/2018, effective 01/01/2019 DEQ 27-2017, amend filed 11/17/2017, effective 11/17/2017 DEQ 13-2015, f. 12-10-15, cert. ef. 1-1-16 DEQ 3-2015, f. 1-8-15, cert. ef. 2-1-15 DEQ 8-2012, f. & cert. ef. 12-11-12