justicedao/ipfs_state_laws huggingface dataset:
340-214-0300 Excess Emissions and Emergency Provision: Purpose and Applicability (1) Emissions of air contaminants in excess of applicable standards or permit conditions, described in OAR 340-214-0310 through OAR 340-214-0330, are unauthorized and subject to enforcement action. (2) OAR 340-214-0300 through 340-214-0350 apply to any source that emits air contaminants in excess of any applicable air quality rule or permit condition, including but not limited to excess emissions resulting from the breakdown of air pollution control devices or operating equipment, process upset, startup, shutdown, or scheduled maintenance. (3) Sources that do not emit air contaminants in excess of any applicable air quality rule or permit condition are not subject to the recordkeeping and reporting requirements in 340-214-0300 through 340-214-0350. (4) DEQ’s decisions regarding whether procedures were adequate or followed or whether enforcement action is appropriate under OAR 340-214-0310 through OAR 340-214-0330 are not binding on the EPA. 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.050 & 468A.310 Statutes/Other Implemented: ORS 468A.050 & 468A.310 History: DEQ 27-2025, amend filed 08/18/2025, effective 08/18/2025 DEQ 7-2015, f. & cert. ef. 4-16-15 DEQ 8-2007, f. & cert. ef. 11-8-07 DEQ 6-2001, f. 6-18-01, cert. ef. 7-1-01 DEQ 14-1999, f. & cert. ef. 10-14-99, Renumbered from 340-028-1400 DEQ 12-1993, f. & cert. ef. 9-24-93, Renumbered from 340-020-0350 DEQ 4-1993, f. & cert. ef. 3-10-93 DEQ 42-1990, f. 12-13-90, cert. ef. 1-2-91, Renumbered from 340-021-0065 DEQ 37, f. 2-15-72, ef. 3-1-72
340-214-0340 Excess Emissions and Emergency Provision: Reporting Requirements (1) For any excess emissions event at a source with an Oregon Title V Operating Permit and for any other source as required by permit, the owner or operator must submit a written report of excess emissions for each calendar day of the event. The report must be submitted within 15 days of the date of the event and include the following: (a) The date and time of the beginning of the excess emissions event and the duration or best estimate of the time until return to normal operation; (b) The date and time the owner or operator notified DEQ of the event; (c) The equipment involved; (d) Whether the event occurred during planned startup, planned shutdown, scheduled maintenance, or as a result of a breakdown, malfunction, or emergency; (e) Steps taken to mitigate emissions and corrective actions taken, including whether the approved procedures for a planned startup, shutdown, or maintenance activity were followed; (f) The magnitude and duration of each occurrence of excess emissions during the course of an event and the increase over normal rates or concentrations as determined by continuous monitoring or a best estimate, supported by operating data and calculations; and (g) The final resolution of the cause of the excess emissions. (2) Based on the severity of event, DEQ may specify a shorter time period for report submittal. (3) All source owners or operators must keep an excess emissions log of all planned and unplanned excess emissions. The log must include all pertinent information as required in section (1) and be kept by the owner or operator for five calendar years. (4) At each annual reporting period specified in a permit, or sooner if DEQ requires, the owner or operator must submit: (a) A copy of the excess emissions log entries for the reporting period; unless previously submitted in accordance with section (1); and (b) Where applicable, current procedures to minimize emissions during startup, shutdown, or maintenance as outlined in OAR 340-214-0310 and 340-214-0320. The owner or operator must specify in writing whether these procedures are new, modified, or have already been approved 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.050 & 468A.310 Statutes/Other Implemented: ORS 468A.025, 468A.050 & 468A.310 History: DEQ 27-2025, amend filed 08/18/2025, effective 08/18/2025 DEQ 7-2015, f. & cert. ef. 4-16-15 DEQ 8-2007, f. & cert. ef. 11-8-07 DEQ 6-2001, f. 6-18-01, cert. ef. 7-1-01 DEQ 14-1999, f. & cert. ef. 10-14-99, Renumbered from 340-028-1440 DEQ 19-1993, f. & cert. ef. 11-4-93 DEQ 12-1993, f. & cert. ef. 9-24-93, Renumbered from 340-020-0375 DEQ 4-1993, f. & cert. ef. 3-10-93 DEQ 42-1990, f. 12-13-90, cert. ef. 1-2-91
340-214-0350 Excess Emissions and Emergency Provision: Enforcement Action Criteria In determining whether to take enforcement action for excess emissions, DEQ considers, based upon information submitted by the owner or operator, the following: (1) Whether the owner or operator met the notification, recordkeeping and reporting requirements of OAR 340-214-0330 and 340-214-0340; (2) Whether during the period of the excess emissions event the owner or operator took all reasonable steps to minimize levels of emissions that exceeded the emission standards, or other permit requirements; (3) Whether the owner or operator took the appropriate remedial action; (4) Whether the event was due to the owner's or operator's negligent or intentional operation. For DEQ to find that an incident of excess emissions was not due to the owner's or operator's negligent or intentional operation, DEQ may ask the owner or operator to demonstrate that all of the following conditions were met: (a) The process or handling equipment and the air pollution control device were at all times maintained and operated in a manner consistent with good practice for minimizing emissions; (b) Repairs or corrections were made in an expeditious manner when the owner or operator knew or should have known that emission limits were being or were likely to be exceeded. "Expeditious manner" may include activities such as use of overtime labor or contract labor and equipment that would reduce the amount and duration of excess emissions; and (c) The event was not one in a recurring pattern of incidents that indicate inadequate design, operation, or maintenance; (5) Whether the owner or operator was following procedures approved in OAR 340-214-0310 or 340-214-0320 at the time of the excess emissions; (6) Whether any federal New Source Performance Standard or National Emission Standard for Hazardous Air Pollutants applies and whether the excess emission event caused a violation of the federal standard; and (7) Whether the excess emissions event was due to an emergency. 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 & 468A.025 History: DEQ 7-2015, f. & cert. ef. 4-16-15 DEQ 8-2007, f. & cert. ef. 11-8-07 DEQ 6-2001, f. 6-18-01, cert. ef. 7-1-01 DEQ 14-1999, f. & cert. ef. 10-14-99, Renumbered from 340-028-1450 DEQ 12-1993, f. & cert. ef. 9-24-93, Renumbered from 340-020-0380 DEQ 4-1993, f. & cert. ef. 3-10-93 DEQ 42-1990, f. 12-13-90, cert. ef. 1-2-91
340-215-0010 Purpose and Scope (1) This division establishes greenhouse gas registering, reporting, and other requirements for operators of certain facilities that emit greenhouse gases, fuel suppliers, and electricity suppliers. (2) Subject to the requirements in this division and OAR 340-200-0010(3), the EQC designates LRAPA to implement the rules in this division within its area of jurisdiction. (3) This division incorporates the provisions of title 40, Code of Federal Regulations (C.F.R.), part 98 that are specifically referenced in rules within the division. These provisions are a portion of the U.S. Environmental Protection Agency (EPA) Final Rule on Mandatory Reporting of Greenhouse Gases. Unless otherwise specified, references in this division to 40 C.F.R. part 98 are to those requirements promulgated by EPA and published in the Federal Register on December 9, 2016. Unless otherwise specifically provided, for the provisions of 40 C.F.R. part 98 (the “federal rules”) that are incorporated by reference in this division: (a) Wherever the term “Administrator” is used in the federal rules, the term “Director of DEQ” will be substituted; (b) Wherever the term “EPA” is used in the federal rules, the term “Oregon Department of Environmental Quality” or “DEQ” will be substituted; and (c) Where any incorporated provisions of 40 C.F.R. part 98 are in conflict with requirements in this division, the requirements in this division shall take precedence and are the provisions that reporting entities must follow. Statutory/Other Authority: ORS 468.020, 468A.050 & 468A.280 Statutes/Other Implemented: ORS 468 & 468A History: DEQ 14-2020, amend filed 05/07/2020, effective 05/07/2020 DEQ 12-2015, f. & cert. ef. 12-10-15 DEQ 11-2011, f. & cert. ef. 7-21-11 DEQ 12-2010, f. & cert. ef. 10-27-10 DEQ 13-2008, f. & cert. ef. 10-31-08
340-215-0032 Deferrals and Exemptions DEQ may defer or exempt specific processes, categories of sources, or specific types of greenhouse gas emissions, from this division’s requirements if DEQ determines that adequate reporting protocols are not available or that other extenuating circumstances make reporting unfeasible. Statutory/Other Authority: ORS 468A.050 & 468A.280 Statutes/Other Implemented: ORS 468 & 468A History: DEQ 14-2020, adopt filed 05/07/2020, effective 05/07/2020
340-215-0046 Reporting Deadlines (1) Reporting deadlines. (a) Stationary sources and electric power system facilities required to register and report under OAR 340-215-0030(2) must register and submit annual emissions data reports to DEQ under OAR 340-215-0044 by the due date for the annual report for non-greenhouse gas emissions specified in the source’s Title V Operating Permit or Air Contaminant Discharge Permit, or by March 31 of each year, whichever is later. (b) The following regulated entities must register and submit annual emissions data reports to DEQ by March 31 of each year: (A) Natural gas suppliers required to register and report under OAR 340-215-0030(4); and (B) Petroleum and natural gas systems required to register and report under OAR 340-215-0030(6). (c) Fuel suppliers and in-state producers required to register and report under OAR 340-215-0030(3) must register and submit an annual emissions data report to DEQ by April 30 of each year. (d) Electricity suppliers required to register and report under OAR 340-215-0030(5) must register and submit an annual emissions data report to DEQ by June 1 of each year. (2) Electricity suppliers required to register and report under OAR 340-215-0030(5) must retain documentation supporting claims of each specified source of electricity as required by OAR 340-215-0042(6) beginning in 2022 for data year 2021, and in each year thereafter (i.e., those persons do not have to report that information in reports submitted in 2021). (3) Regulated entities reporting GHG emissions from biomass-derived fuels or hydrogen may request DEQ approval for exemptions from any of the requirements of OAR 340-215-0042(4) through (7) and OAR 340-215-0044(5) for the 2023 data year. DEQ will not approve exemptions that would impact the quantification of emissions reported under this division. DEQ will consider requests for exemptions based on the regulated entity’s inability to implement necessary changes in time to comply with those requirements. Regulated entities must submit requests for exemptions under this section no later than February 1, 2024, and must receive written DEQ approval of exemptions prior to filing 2023 data year reports required under this division. Starting in 2025 for data year 2024, and each year thereafter, regulated entities must report and retain records as described in OAR 340-215-0042(4) through (7) and OAR 340-215-0044(5), as applicable, and DEQ will not approve any exemptions to those requirements. (4) DEQ may extend the reporting deadlines and effective dates described in this rule as DEQ deems necessary and will issue notice of any extension. (5) If a reporting deadline described in this rule occurs on a Saturday, Sunday, or an Oregon state holiday, the deadline is extended to the following business day. Statutory/Other Authority: ORS 468A.050 & 468A.280 Statutes/Other Implemented: ORS 468 & 468A History: DEQ 17-2023, amend filed 11/16/2023, effective 11/16/2023 DEQ 14-2020, adopt filed 05/07/2020, effective 05/07/2020
340-215-0060 Greenhouse Gas Reporting Fees (1) Any person required to register and report under OAR 340-215-0030(2)(a) must submit greenhouse gas reporting fees to DEQ as specified in OAR 340-220-0050(3) and 340-220-0110(6). (2) Any person required to register and report under OAR 340-215-0030(2)(b) must submit greenhouse gas reporting fees to DEQ as specified in OAR 340-216-8020 part 2. Statutory/Other Authority: ORS 468.020 & 468A.050 Statutes/Other Implemented: ORS 468 & 468A History: DEQ 12-2015, f. & cert. ef. 12-10-15 DEQ 5-2012, f. & cert. ef. 7-2-12 DEQ 14-2011, f. & cert. ef. 7-21-11 DEQ 11-2011, f. & cert. ef. 7-21-11 DEQ 5-2011, f. 4-29-11, cert. ef. 5-1-11 DEQ 12-2010, f. & cert. ef. 10-27-10
340-215-0125 Requirements for Petroleum and Natural Gas Systems (1) Any person required to register and report under OAR 340-215-0030(6) must submit an emissions data report utilizing EPA quantification methodologies and data reporting requirements in 40 C.F.R part 98 subpart W. (2) The emissions data report submitted according to section (1) must: (a) Include greenhouse gas emissions from each facility (or part of a facility for the onshore natural gas transmission pipeline industry segment) listed in OAR 340-215-0030(6)(a) through (e) that is physically located in Oregon and that meets the applicability threshold in OAR 340-215-0030(6); and (b) If applicable, separately indicate subpart W emissions associated with an air permitted facility and report identifying information for that facility including the air permit identification number. Statutory/Other Authority: ORS 468A.050 & 468A.280 Statutes/Other Implemented: ORS 468 & 468A History: DEQ 14-2020, adopt filed 05/07/2020, effective 05/07/2020
340-215-0130 Separate Violations Each metric ton of greenhouse gas emissions not reported according to the requirements of this division by a covered entity, as defined in OAR 340-273-0020, that affects applicability determinations, compliance instrument distribution, or compliance obligations under the Oregon Climate Protection Program, OAR Chapter 340 Division 273, is a separate violation of this division. Statutory/Other Authority: ORS 468A.050 & 468A.280 Statutes/Other Implemented: ORS 468 & 468A History: DEQ 18-2024, amend filed 11/22/2024, effective 11/22/2024 DEQ 17-2023, adopt filed 11/16/2023, effective 11/16/2023
340-216-0010 Purpose This division prescribes the requirements and procedures for obtaining Air Contaminant Discharge Permits (ACDPs) pursuant to ORS 468A.040 through 468A.060 and related statutes for sources of air contaminants. 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.025, 468A.040 & 468A.310 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 340-028-1700 DEQ 22-1995, f. & cert. ef. 10-6-95 DEQ 12-1993, f. & cert. ef. 9-24-93, Renumbered from 340-020-0140 DEQ 4-1993, f. & cert. ef. 3-10-93, Renumbered from 340-020-0033 DEQ 107, f. & cert. ef. 1-6-86 DEQ 63, f. 12-20-73, cert. ef. 1-11-74 DEQ 47, f. 8-31-72, cert. ef. 9-15-72
340-216-0030 Definitions The definitions in OAR 340-200-0020, 340-204-0010, 340-245-0020 and this rule apply to this division. If the same term is defined in this rule and 340-200-0020, 340-204-0010 or 340-245-0020, the definition in this rule applies to this division. (1) “Basic technical modification” includes, but is not limited to changing source test dates if the equipment is not being operated, and similar changes. (2) “Complex technical modification” includes, but is not limited to incorporating a complex new compliance method into a permit, adding a complex compliance method or monitoring for an emission point or control device not previously addressed in a permit, adding a complex new applicable requirement into a permit due to a change in process or change in rules, and similar changes. (3) “Moderate technical modification” includes, but is not limited to adding a simple compliance method or monitoring for an emission point or control device not previously addressed in a permit, revising monitoring and reporting requirements other than dates and frequency, adding a new applicable requirement into a permit due to a change in process or change in rules, incorporating NSPS and NESHAP requirements, and similar changes. (4) “Non-technical modification” means name changes, change of ownership, correction of typographical errors and similar administrative changes. (5) “Simple technical modification” includes, but is not limited to modifying a compliance method to use different emission factors or process parameters, changing reporting dates or frequency, and similar changes. NOTE : This rule is included in the State of Oregon Clean Air Act Implementation Plan as adopted by the EQC under OAR 340-200-0040 with the exception of all references to toxic air contaminants and OAR chapter 340, division 245. [ED. NOTE: To view attachments referenced in rule text, click here to view rule.] Statutory/Other Authority: ORS 468.020 & 468A Statutes/Other Implemented: ORS 468A.025, 468A.040 & 468A.310 History: DEQ 201-2018, minor correction filed 12/11/2018, effective 12/11/2018 DEQ 197-2018, amend filed 11/16/2018, effective 11/16/2018 DEQ 127-2018, minor correction filed 04/11/2018, effective 04/11/2018 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
340-216-0056 Basic ACDPs (1) Application requirements. Any person requesting a Basic ACDP must submit an application according to OAR 340-216-0040 and provide the information specified in OAR 340-216-0040(1). (2) DEQ may determine that a source is ineligible for a Basic ACDP based upon the considerations in OAR 340-216-0025(7). (3) Fees. Applicants for a new Basic ACDP must pay the fees in OAR 340-216-8020. (4) Permit content: (a) A Basic ACDP will contain only the most significant and relevant rules applicable to the source; (b) A Basic ACDP may not contain a PSEL; (c) A Basic ACDP may contain any physical or operational limitation, including any combination of the use of control devices, restrictions on hours of operation, or restrictions on the type or amount of materials combusted, stored, or processed, as permit conditions to limit short term emissions for all devices and activities that require controls or limitations to ensure the source’s emission will not cause or contribute to a new exceedance of a National Ambient A ir Quality Standard adopted under OAR chapter 340, division 202; (d) A Basic ACDP will require that a simplified annual report be submitted to DEQ; and (e) A Basic ACDP may be issued for a period not to exceed ten years. (5) Permit issuance public notice procedures. A Basic ACDP requires public notice as a Category I permit action according to OAR chapter 340, division 209. [NOTE: This rule is included in the State of Oregon Clean Air Act Implementation Plan as adopted by the EQC under OAR 340-200-0040.] Statutory/Other Authority: ORS 468.020, 468.065, 468A.025, 468A.040, 468A.310 & 468A.315 Statutes/Other Implemented: ORS 468 & 468A History: DEQ 3-2023, minor correction filed 03/01/2023, effective 03/01/2023 DEQ 19-2022, amend filed 11/18/2022, effective 03/01/2023 DEQ 7-2015, f. & cert. ef. 4-16-15 DEQ 9-2014, f. & cert. ef. 6-26-14 DEQ 5-2011, f. 4-29-11, cert. ef. 5-1-11 DEQ 8-2007, f. & cert. ef. 11-8-07 DEQ 6-2001, f. 6-18-01, cert. ef. 7-1-01
340-216-0068 Simple and Standard ACDP Attachments (1) Purpose. This rule allows DEQ to add new requirements to existing Simple or Standard ACDPs by assigning the source to an ACDP Attachment issued under section (2). An ACDP Attachment would apply to an affected source until the new requirements are incorporated into the source’s Simple or Standard ACDP at the next permit renewal or at the time of permit modification. (2) ACDP Attachment issuance procedures: (a) An ACDP Attachment issuance requires public notice as a Category II permit action under OAR chapter 340, division 209. Assigning ACDP Attachments to Simple or Standard ACDPs require notice as Category I permit actions. (b) DEQ may issue an ACDP Attachment when there are multiple sources that are subject to the new requirements. (c) Attachment content. Each ACDP Attachment must include the following: (A) Testing, monitoring, recordkeeping, and reporting requirements necessary to ensure compliance with the applicable emissions limits and standards; and (B) An attachment expiration date not to exceed 5 years from the date of issuance. (3) Assignment to ACDP Attachment: (a) A source is not a permittee under the ACDP Attachment until DEQ assigns the ACDP Attachment to the source. (b) The ACDP Attachment is removed from the Simple or Standards ACDP when the requirements of the ACDP Attachment are incorporated into the source’s Simple or Standard ACDP at the time of renewal or of a modification. (c) If an EPA or DEQ action causes a source to be subject to the requirements in an ACDP Attachment, assignment to the ACDP Attachment is a DEQ initiated modification to the Simple or Standard ACDP and the permittee is not required to submit an application or pay fees for the permit action. In such case, DEQ would notify the permittee of the proposed permitting action and the permittee may object to the permit action if the permittee demonstrates that the source is not subject to the requirements of the ACDP Attachment. [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 19-2022, amend filed 11/18/2022, effective 03/01/2023 DEQ 7-2015, f. & cert. ef. 4-16-15 DEQ 4-2013, f. & cert. ef. 3-27-13
340-216-0069 Toxic Air Contaminant Permit Addendums (1) Purpose and Intent. DEQ may implement requirements pertaining to toxic air contaminants under OAR chapter 340, division 245 as follows: (a) For new sources required to obtain a Standard or Simple ACDP, by including conditions in the source’s ACDP to ensure compliance with the Cleaner Air Oregon rules, OAR chapter 340, division 245; (b) For new sources required to obtain a Basic or General ACDP, by including conditions in an addendum to the source’s ACDP to ensure compliance with the Cleaner Air Oregon rules, OAR chapter 340, division 245; and (c) For existing sources, by requiring the owner or operator of the sources to obtain a Toxic Air Contaminant Permit Addendum under OAR chapter 340, division 245 that amends the source’s ACDP. (2) A Toxic Air Contaminant Permit Addendum will be incorporated into a source’s ACDP upon renewal or modification that involves a public notice for which DEQ has followed the Category II or Category III public notice procedure in OAR chapter 340, division 209, except for sources that have Basic or General ACDPs. (3) OAR 340-216-0062 and 340-216-0068 do not apply to Toxic Air Contaminant Permit Addenda. Statutory/Other Authority: ORS 468.020, 468.065, 468A.025, 468A.040, 468A.050, 468A.070 & 468A.155 Statutes/Other Implemented: 468.065, 468A.025, 468A.040, 468A.050, 468A.070, 468A.155, 468A.010, 468A.015 & 468A.035 History: DEQ 197-2018, adopt filed 11/16/2018, effective 11/16/2018