justicedao/ipfs_state_laws huggingface dataset:
340-216-0070 Permitting Multiple Sources at a Single Adjacent or Contiguous Site A single or contiguous site containing activities or processes that are covered by more than one General ACDP, or a source that contains processes or activities listed in more than one part of OAR 340-216-8010 may obtain a Standard ACDP, even if not otherwise required to obtain a Standard ACDP under this division. [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.] [NOTE: All tables are found in OAR 340-216-8010, -8020, -8030.] Statutory/Other Authority: ORS 468.020, 468A.025, 468A.040 & 468A.310 Statutes/Other Implemented: ORS 468 & 468A History: DEQ 13-2019, amend filed 05/16/2019, effective 05/16/2019 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 6-2001, f. 6-18-01, cert. ef. 7-1-01 DEQ 14-1999, f. & cert. ef. 10-14-99, Renumbered from 340-028-1730 DEQ 19-1993, f. & cert. ef. 11-4-93 DEQ 12-1993, f. & cert. ef. 9-24-93, Renumbered from 340-020-0160 Renumbered from 340-020-0033, DEQ 4-1993, f. & cert. ef. 3-10-93 DEQ 107, f. & ef. 1-6-76 DEQ 63, f. 12-20-73, ef. 1-11-74 DEQ 47, f. 8-31-72, ef. 9-15-72
340-216-0084 Department Initiated Modification (1) If DEQ determines it is appropriate to modify an ACDP, other than a General ACDP, DEQ will notify the permittee by regular, registered or certified mail of the modification and will include the proposed modification and the reasons for the modification, following the permit issuance procedures in OAR 340-216-0056(5) for Basic ACDPs, OAR 340-216-0064(5) for Simple ACDPs, and OAR 340-216-0066(4) for Standard ACDPs. (2) The modification will become effective upon mailing unless the permittee requests a contested case hearing within 20 days. A request for hearing must be made in writing and must include the grounds for the request. The hearing will be conducted as a contested case hearing under ORS 183.413 through 183.470 and OAR 340 division 011. If a hearing is requested, the existing permit will remain in effect until after a final order is issued following the hearing. [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 183 & 468A 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, Renumbered from 340-014-0040 DEQ 4-1993, f. & cert. ef. 3-10-93 DEQ 42, f. 4-5-72, ef. 4-15-72
340-216-0090 Sources Subject to ACDPs and Fees (1) All air contaminant discharge sources listed in OAR 340-216-8010 must obtain a permit from DEQ and are subject to fees in OAR 340-216-8020. (2) An owner or operator of a source that is required to demonstrate compliance with Cleaner Air Oregon rules under OAR 340-245-0005 through 340-245-8010 must pay the fees specified in OAR 340-216-8030. 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. Statutory/Other Authority: ORS 468.020, 468.065, 468A.040, 468A.310 & 468A.315 Statutes/Other Implemented: ORS 468.065, 468A.040, 468A.310 & 468A.315 History: DEQ 18-2021, amend filed 11/17/2021, effective 11/17/2021 DEQ 197-2018, amend filed 11/16/2018, effective 11/16/2018 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 6-2001, f. 6-18-01, cert. ef. 7-1-01 DEQ 8-2000, f. & cert. ef. 6-6-00 DEQ 14-1999, f. & cert. ef. 10-14-99, Renumbered from 340-028-1750 DEQ 10-1999, f. & cert. ef. 7-1-99 DEQ 14-1998, f. & cert. ef. 9-14-98 DEQ 12-1998, f. & cert. ef. 6-30-98 DEQ 7-1998, f. & cert. ef. 5-5-98 DEQ 18-1997, f. 8-27-97, cert. ef. 10-1-97 DEQ 22-1995, f. & cert. ef. 10-6-95 DEQ 22-1994. f. & cert. ef. 10-14-94 DEQ 21-1994, f. & cert. ef. 10-14-94 DEQ 13-1994, f. & cert. ef. 5-19-94 DEQ 20-1993(Temp), f. & cert. ef. 11-4-93 DEQ 19-1993, f. & cert. ef. 11-4-93 DEQ 12-1993, f. & cert. ef. 9-24-93, Renumbered from 340-020-0165 DEQ 4-1993, f. & cert. ef. 3-10-93 DEQ 27-1991, f. & cert. ef. 11-29-91 DEQ 17-1990, f. & cert. ef. 5-25-90 DEQ 12-1987, f. & cert. ef. 6-15-87 DEQ 6-1986, f. & cert. ef. 3-26-86 DEQ 11-1983, f. & cert. ef. 5-31-83 DEQ 20-1979, f. & cert. ef. 6-29-79 DEQ 125, f. & cert. ef. 12-16-76 DEQ 107, f. & cert. ef. 1-6-76, Renumbered from 340-020-0033(12) DEQ 63, f. 12-20-73, cert. ef. 1-11-74 DEQ 47, f. 8-31-72, ef. 9-15-72
340-216-0094 Temporary Closure (1) A permittees that temporarily suspends activities for which an ACDP is required may apply for a fee reduction due to temporary closure. However, the anticipated period of closure must exceed six months and must not be due to regular maintenance or seasonal limitations. (2) DEQ will prorate annual fees for temporary closure based on the length of the closure in a calendar year, but will not be less than one half of the regular annual fee for the source. (3) A source who has received Department approval for payment of the temporary closure fee must obtain authorization from DEQ prior to resuming permitted activities. An owner or operator of the source must submit written notification, together with the prorated annual fee for the remaining months of the year, to DEQ at least thirty (30) days before startup and specify in the notification the earliest anticipated startup date. 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, 468.065, 468A.040, 468A.310 & 468A.315 Statutes/Other Implemented: ORS 468 & 468A History: DEQ 7-2015, f. & cert. ef. 4-16-15 DEQ 6-2001, f. 6-18-01, cert. ef. 7-1-01
340-216-8010 Table 1 — Activities and Sources [NOTE: This rule is included in the State of Oregon Clean Air Act Implementation Plan that EQC adopted under OAR 340-200-0040.] [NOTE: For the history of these tables prior to 2014 see the history under OAR 340-216-0020] [ED. NOTE: To view attachments referenced in rule text, click here to view rule.] Statutory/Other Authority: ORS 468.020, 468A.025, 468A.040 & 468A.310 Statutes/Other Implemented: ORS 468A History: DEQ 18-2024, amend filed 11/22/2024, effective 11/22/2024 DEQ 17-2023, amend filed 11/16/2023, effective 11/16/2023 DEQ 19-2022, amend filed 11/18/2022, effective 03/01/2023 DEQ 16-2021, amend filed 10/04/2021, effective 10/04/2021 DEQ 17-2020, amend filed 09/21/2020, effective 09/21/2020 DEQ 59-2017, minor correction filed 12/20/2017, effective 12/20/2017 DEQ 7-2015, f. & cert. ef. 4-16-15 DEQ 12-2014(Temp), f. & cert. ef. 11-12-14 thru 5-10-15 DEQ 9-2014, f. & cert. ef. 6-26-14
340-216-8020 Table 2 — Air Contaminant Discharge Permits (1) Sources referred to in Table 1 of OAR 340-216-8010 are subject to air contaminant discharge permit fees in Table 2. Title V sources may be subject to the Cleaner Air Oregon annual fees and the specific activity permit fees in Table 2, if applicable. (2) Requests for waiver of fees must be made in writing to the Director, on a case-by-case basis, and be based upon financial hardship. Applicants for waivers must describe the reason for the request and certify financial hardship. The Director may waive part or all of a fee. NOTE: For the history of these tables prior to 2014 see the history under OAR 340-216-0020. [ED. NOTE: To view attachments referenced in rule text, click here to view rule.] Statutory/Other Authority: ORS 468.020, 468A.025, 468A.040 & 468A.310 Statutes/Other Implemented: ORS 468A History: DEQ 16-2025, temporary amend filed 07/14/2025, effective 07/14/2025 through 01/09/2026 DEQ 15-2025, amend filed 07/07/2025, effective 07/07/2025 DEQ 14-2024, amend filed 09/10/2024, effective 09/10/2024 DEQ 17-2023, amend filed 11/16/2023, effective 11/16/2023 DEQ 19-2022, amend filed 11/18/2022, effective 03/01/2023 DEQ 17-2020, amend filed 09/21/2020, effective 09/21/2020 DEQ 15-2019, amend filed 06/25/2019, effective 06/25/2019 DEQ 13-2019, amend filed 05/16/2019, effective 05/16/2019 DEQ 197-2018, amend filed 11/16/2018, effective 11/16/2018 DEQ 60-2017, minor correction filed 12/20/2017, effective 12/20/2017 DEQ 7-2015, f. & cert. ef. 4-16-15 DEQ 9-2014, f. & cert. ef. 6-26-14
340-216-8030 Table 3 — Cleaner Air Oregon Specific Activity Fees Sources subject to OAR chapter 340, division 245, Cleaner Air Oregon, are required to pay the specific activity fees in Table 3. [ED. NOTE: To view attachments referenced in rule text, click here to view rule.] Statutory/Other Authority: ORS 468.020, 468.065, 468A.040, 468A.050 & 468A.315 Statutes/Other Implemented: ORS 468.020, 468.065, 468A.040, 468A.050 & 468A.315 History: DEQ 15-2025, amend filed 07/07/2025, effective 07/07/2025 DEQ 14-2024, amend filed 09/10/2024, effective 09/10/2024 DEQ 20-2019, amend filed 09/05/2019, effective 09/05/2019 DEQ 13-2019, amend filed 05/16/2019, effective 05/16/2019 DEQ 197-2018, adopt filed 11/16/2018, effective 11/16/2018
340-218-0010 Policy and Purpose These rules establish a program to implement Title V of the FCAA for the State of Oregon as part of the overall industrial source control program: (1) All sources subject to this division must have an Oregon Title V Operating Permit that assures compliance by the source with all applicable requirements in effect as of the date of permit issuance. (2) The requirements of the Oregon Title V Operating Permit program, including provisions regarding schedules for submission and approval or disapproval of permit applications, must apply to the permitting of affected sources under the national acid rain program, except as provided herein. (3) All sources subject to this division are exempt from the following: (a) Registration as required by ORS 468A.050 and OAR 340-210-0100 through 340-210-0120; and (b) Air Contaminant Discharge Permits and attachments, OAR 340 division 216, unless required by 340-216-0020(2) or (4), or 340-224-0010(1). (A) Oregon Title V Operating Permits do not replace requirements in an Air Contaminant Discharge Permit issued to the source even if the ACDP has expired. For a source operating under a Title V Permit, requirements established in an earlier ACDP remain in effect notwithstanding expiration of the ACDP or the Title V permit, unless a provision expires by its terms or unless a provision is modified or terminated following the procedures used to establish the requirement initially. (B) Source specific requirements, including, but not limited to TACT, RACT, BACT, and LAER requirements, established in an ACDP must be incorporated into the Oregon Title V Operating Permit and any revisions to those requirements must follow the procedures used to establish the requirements initially. (4) DEQ may implement requirements pertaining to toxic air contaminants under OAR chapter 340, division 245 for new and existing sources required to obtain an Oregon Title V Operating Permit by incorporating compliance conditions into a new source’s Oregon Title V Operating Permit or by amending an existing source’s Oregon Title V Operating Permit through a Toxic Air Contaminant Permit Addendum. A Toxic Air Contaminant Permit Addendum must be incorporated into a source’s Oregon Title V Operating Permit upon renewal, reopening, or modification that involves a public notice. (5) 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. Statutory/Other Authority: ORS 468.020, 468A.025, 468A.040, 468A.155 & 468A.310 Statutes/Other Implemented: ORS 468A History: DEQ 197-2018, amend filed 11/16/2018, effective 11/16/2018 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 340-028-2100 DEQ 22-1995, f. & cert. ef. 10-6-95 DEQ 12-1993, f. & cert. ef. 9-24-93
340-218-0030 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. Statutory/Other Authority: ORS 468.020, 468A.025, 468A.040 & 468A.310 Statutes/Other Implemented: ORS 468A History: DEQ 197-2018, amend filed 11/16/2018, effective 11/16/2018 DEQ 7-2015, f. & cert. ef. 4-16-15 DEQ 14-1999, f. & cert. ef. 10-14-99
340-218-0060 State-Enforceable Requirements DEQ will specifically designate as not being federally enforceable any terms and conditions included in the permit that are not required under the FCAA or under any of its applicable requirements. Terms and conditions so designated are subject to the requirements of OAR 340-218-0040 through 340-218-0220, other than those contained in 340-218-0070. All terms and conditions in an Oregon Title V Operating Permit are enforceable by DEQ. Statutory/Other Authority: ORS 468.020, 468A.025, 468A.040 & ORS 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 340-028-2140 DEQ 22-1995, f. & cert. ef. 10-6-95 DEQ 12-1993, f. & cert. ef. 9-24-93
340-218-0070 Federally Enforceable Requirements DEQ will specifically designate as being federally enforceable under the FCAA any terms and conditions included in the permit that are required under the FCAA or under any of its applicable requirements. Federally enforceable conditions are subject to enforcement actions by the EPA and citizens. 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 340-028-2150 DEQ 12-1993, f. & cert. ef. 9-24-93
340-218-0100 Temporary Sources DEQ may issue a single permit authorizing emissions from similar operations by the same source owner or operator at multiple temporary locations. The operation must be temporary and involve at least one change of location during the term of the permit. An affected source may not be permitted as a temporary source. Permits for temporary sources must include the following: (1) Conditions that will assure compliance with all applicable requirements at all authorized locations; (2) Requirements that the owner or operator notify DEQ at least ten days in advance of each change in location; (3) Conditions that assure compliance with land use compatibility; and (4) Conditions that assure compliance with all other provisions of this division. 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 340-028-2180 DEQ 12-1993, f. & cert. ef. 9-24-93
340-218-0110 Permit Shield (1) Except as provided in this division, DEQ must expressly include in an Oregon Title V Operating Permit a provision stating that compliance with the conditions of the permit will be deemed compliance with any applicable requirements as of the date of permit issuance, provided that: (a) Such applicable requirements are included and are specifically identified in the permit; or (b) DEQ, in acting on the permit application or revision, determines in writing that other requirements specifically identified are not applicable to the source, and the permit includes the determination or a concise summary thereof. (2) An Oregon Title V Operating Permit that does not expressly state that a permit shield exists will be presumed not to provide such a shield. (3) Changes made to a permit using OAR 340-218-0150(1)(h) and 340-218-0180 will be shielded. (4) Nothing in this rule or in any Oregon Title V Operating Permit may alter or affect the following: (a) The provisions of ORS 468.115 (enforcement in cases of emergency) and ORS 468.035; (b) The liability of an owner or operator of a source for any violation of applicable requirements prior to or at the time of permit issuance; (c) The applicable requirements of the national acid rain program, consistent with section 408(a) of the FCAA; or (d) The ability of DEQ to obtain information from a source under ORS 468.095 (investigatory authority, access to records). (5) The permit shield does not apply to conditions and requirements included in a Toxic Air Contaminant Permit Addendum or included in an Oregon Title V Operating Permit under OAR 340-245-0005 through 340-245-8010. Statutory/Other Authority: ORS 468.020, 468A.025, 468A.040 & 468A.310 Statutes/Other Implemented: ORS 468A History: DEQ 18-2021, amend filed 11/17/2021, effective 11/17/2021 DEQ 197-2018, amend filed 11/16/2018, effective 11/16/2018 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, Renumbered from 340-028-2190 DEQ 22-1995, f. & cert. ef. 10-6-95 DEQ 12-1993, f. & cert. ef. 9-24-93
340-218-0130 Permit Renewal and Expiration (1) Permits being renewed are subject to the same procedural requirements, including those for public participation, affected state and the EPA review, that apply to initial permit issuance; and (2) Permit expiration terminates the source’s right to operate unless a timely and complete renewal application has been submitted consistent with OAR 340-218-0040(1)(a)(D) and 340-218-0120(2). If a timely and complete renewal application has been submitted, the existing permit will remain in effect until final action has been taken on the renewal application to issue or deny a permit. Statutory/Other Authority: ORS 468.020 & 468A.310 Statutes/Other Implemented: ORS 468 & 468A History: DEQ 6-2001, f. 6-18-01, cert. ef. 7-1-01 DEQ 14-1999, f. & cert. ef. 10-14-99, Renumbered from 340-028-2210 DEQ 12-1993, f. & cert. ef. 9-24-93
340-218-0160 Permit Modification A permit modification is any revision to an Oregon Title V Operating Permit that cannot be accomplished under DEQ's provisions for administrative permit amendments under OAR 340-218-0150. A permit modification for purposes of the acid rain portion of the permit will be governed by regulations promulgated under Title IV of the FCAA. 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 340-028-2240 DEQ 22-1995, f. & cert. ef. 10-6-95 DEQ 12-1993, f. & cert. ef. 9-24-93
340-218-0180 Significant Permit Modifications (1) Criteria. Significant modification procedures must be used for applications requesting permit modifications that do not qualify as minor permit modifications or as administrative amendments. Significant modifications include: (a) Increases in PSELs except those increases subject to OAR 340-210-0205 through 340-210-0250; or OAR chapter 340, division 224; (b) Every significant change in existing monitoring permit terms or conditions; (c) Every relaxation of reporting or recordkeeping permit terms or conditions; (d) Incorporation into the Oregon Title V Operating Permit the requirements from pre-construction review permits authorized under OAR chapter 340, division 224 unless the incorporation qualifies as an administrative amendment; (e) Incorporation into the Oregon Title V Operating Permit the requirements from preconstruction review permits authorized under OAR 340-210-205 through 340-210-0250 unless otherwise specified in 340-218-0190(2); and (f) Nothing herein may be construed to preclude the permittee from making changes consistent with this division that would render existing permit compliance terms and conditions irrelevant. (2) Significant permit modifications will be subject to all requirements of this division, including those for applications, applicable fees, public participation, review by affected States, and review by the EPA, as they apply to permit issuance and permit renewal. (3) Major modifications, as defined in OAR 340-200-0020, require an ACDP under OAR chapter 340, division 224. (4) Constructed and reconstructed major hazardous air pollutant sources are subject to OAR 340-210-0205 through 340-210-0250 and OAR 340-244-0200. 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 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 340-028-2260 DEQ 22-1995, f. & cert. ef. 10-6-95 DEQ 12-1993, f. & cert. ef. 9-24-93
340-218-0190 Construction/Operation Modifications (1) Notice of Approval. The owner or operator of a major stationary source must obtain approval from DEQ prior to construction or modification of any stationary source or air pollution control devices using OAR 340-210-0205 through 340-210-0250. (2) Incorporation into an Oregon Title V Operating Permit: (a) Where an Oregon Title V Operating Permit would allow incorporation of such construction or modification as an off-permit change (OAR 340-218-0140(2)) or a FCAA section 502(b)(10) change (340-218-0140(3)): (A) The owner or operator of the stationary source or air pollution control device listed in section (1) must submit to DEQ the applicable notice; and (B) DEQ will incorporate the construction or modification at permit renewal, if applicable. (b) Where an Oregon Title V Operating Permit would allow incorporation of such construction or modification as an administrative amendment (OAR 340-218-0150), the owner or operator of the stationary source or air pollution control device listed in section (1) may: (A) Submit the permit application information required under OAR 340-218-0150(3) with the information required under OAR 340-210-0225(2) upon becoming aware of the need for an administrative amendment; and (B) Request that the external review procedures required under OAR 340-218-0210 and 340-218-0230 be used in addition to the public notice procedures of OAR 340 division 209 for Category III permit actions to allow for subsequent incorporation of the construction permit as an administrative amendment. (c) Where an Oregon Title V Operating Permit would require incorporation of such construction or modification as a minor permit modification (OAR 340-218-0170) or a significant permit modification (340-218-0180), the owner or operator of the stationary source or air pollution control device listed in section (1) must submit the permit application information required under 340-218-0040(3) within one year of initial startup of the construction or modification, except as prohibited in paragraph(2)(d). (d) Where an existing Oregon Title V Operating Permit would prohibit such construction or change in operation, the owner or operator must obtain a permit revision before commencing operation. 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 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 340-028-2270 DEQ 22-1995, f. & cert. ef. 10-6-95 DEQ 24-1994, f. & ef. 10-28-94 DEQ 19-1993, f. & cert. ef. 11-4-93 DEQ 12-1993, f. & cert. ef. 9-24-93