justicedao/ipfs_state_laws huggingface dataset:
340-206-0010 Introduction OAR 340-206-0030, 340-206-0050 and 340-206-0060 are effective within priority I and II air quality control regions (AQCR) as defined in 40 CFR part 51, subpart H (1995), when the AQCR contains an AQMA as defined in OAR 340-204-0010, or a nonattainment area listed in 40 CFR part 81. All other rules in this division are equally applicable to all areas of the state. Notwithstanding any other regulation or standard, this division is designed to prevent the excessive accumulation of air contaminants during periods of atmospheric stagnation or at any other time, which if allowed to continue to accumulate unchecked could result in concentrations of these contaminants reaching levels which could cause significant harm to the health of persons. This division establishes criteria for identifying and declaring air pollution episodes at levels below the level of significant harm and are adopted pursuant to the requirements of the FCAA as amended and 40 CFR part 51.151. Levels of significant harm for various regulated pollutants listed in 40 CFR part 51.151 are: (1) For sulfur dioxide (SO2) — 1.0 ppm, 24-hour average. (2) For particulate matter: (a) PM10 — 600 micrograms per cubic meter, 24-hour average. (b) PM2.5 — 350.5 micrograms per cubic meter, 24-hour average. (3) For carbon monoxide (CO): (a) 50 ppm, 8-hour average. (b) 75 ppm, 4-hour average. (c) 125 ppm, 1-hour average. (4) For ozone (O3) — 0.6 ppm, 2-hour average. (5) For nitrogen dioxide (NO2): (a) 2.0 ppm, 1-hour average. (b) 0.5 ppm, 24-hour average. [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 Statutes/Other Implemented: ORS 468A.025 & 468A.035 History: DEQ 19-2022, amend filed 11/18/2022, effective 03/01/2023 DEQ 7-2015, f. & cert. ef. 4-16-15 DEQ 5-2010, f. & cert. ef. 5-21-10 DEQ 14-1999, f. & cert. ef. 10-14-99, Renumbered from 340-027-0005 DEQ 19-1996, f. & cert. ef. 9-24-96 DEQ 4-1993, f. & cert. ef. 3-10-93 DEQ 8-1988, f. & cert. ef. 5-19-88 (and corrected 5-31-88) DEQ 18-1983, f. & ef. 10-24-83 DEQ 37, f. 2-15-72, ef. 9-1-72
340-206-0020 Definitions The definitions in OAR 340-200-0020, 340-204-0010 and this rule apply to this division. If the same term is defined in this rule and 340-200-0020 or 340-204-0010, the definition in this rule applies to this division. 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 Statutes/Other Implemented: ORS 468A.025 & 468A.035 History: DEQ 7-2015, f. & cert. ef. 4-16-15 DEQ 14-1999, f. & cert. ef. 10-14-99
340-206-0060 Regional Air Pollution Authorities (1) DEQ and LRAPA must cooperate to the fullest extent possible to insure uniformity of enforcement and administrative action necessary to implement this division. With the exception of sources of air contamination where jurisdiction has been retained by DEQ, all persons within the territorial jurisdiction of LRAPA must submit the source emission reduction plans prescribed in OAR 340-206-0050 to the regional air pollution authority. LRAPA must submit copies of approved source emission reduction plans to DEQ. (2) Declarations of air pollution alert, air pollution warning, and air pollution emergency must be made by LRAPA. In the event such a declaration is not made by LRAPA, DEQ must issue the declaration and LRAPA must take appropriate remedial actions as set forth in this division. (3) Additional responsibilities of LRAPA include, but are not limited to: (a) Securing acceptable source emission reduction plans; (b) Measurement and reporting of air quality data to DEQ; (c) Informing the public, news media, and persons responsible for air contaminant sources of the various levels set forth in this division and required actions to be taken to maintain air quality and the public health; (d) Surveillance and enforcement of source emission reduction plans. 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 Statutes/Other Implemented: ORS 468A.025 & 468A.035 History: DEQ 7-2015, f. & cert. ef. 4-16-15 DEQ 14-1999, f. & cert. ef. 10-14-99, Renumbered from 340-027-0025 DEQ 4-1993, f. & cert. ef. 3-10-93 DEQ 18-1983, f. & ef. 10-24-83 DEQ 37, f. 2-15-72, ef. 9-1-72
340-206-0070 Operations Manual The DEQ must maintain an operations manual to administer the provisions of this division. This manual must be available to the Department Emergency Action office at all times. At a minimum the operations manual must contain the following elements: (1) A copy of this division. (2) A chapter on communications which must include: (a) Telephone lists naming public officials, public health and safety agencies, local government agencies, emission sources, news media agencies and individuals who need to be informed about the episode status and information updates. These telephone lists must be specific to episode conditions and will be used when declaring and cancelling episode conditions; (b) Example and sample messages to be released to the news media for declaring or modifying an episode status. (3) A chapter on data gathering and evaluation which must include: (a) A description of ambient air monitoring activities to be conducted at each episode stage including "standby"; (b) Assignment of responsibilities and duties for ascertaining ambient air levels of specified regulated pollutants and notification when levels reach the predetermined episode levels; (c) Assignment of responsibilities and duties for monitoring meteorological developments from teletype reports and National Weather Service contacts. Part of this responsibility must be to evaluate the meteorological conditions for their potential to affect ambient regulated pollutant levels. (4) A chapter defining responsibilities and duties for conducting appropriate source compliance inspections during episode stages requiring curtailment of regulated pollutant emissions. (5) A chapter establishing the duties and responsibilities of the emergency action center personnel to assure coordinated operation during an air pollution episode established in accordance with this division. (6) An appendix containing individual source emission reduction plans required by this division plus any approved voluntary plans. 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 Statutes/Other Implemented: ORS 468A.025 & 468A.035 History: DEQ 7-2015, f. & cert. ef. 4-16-15 DEQ 14-1999, f. & cert. ef. 10-14-99, Renumbered from 340-027-0035 DEQ 4-1993, f. & cert. ef. 3-10-93 DEQ 18-1983, f. & ef. 10-24-83
340-206-8010 Air Pollution Episode ALERT Conditions Source Emission Reduction Plan Emission Control Actions to be Taken as Appropriate in Alert Episode Area View a PDF of actions by clicking on "Tables" link below. [ED. NOTE: To view attachments referenced in rule text, click here to view rule.] Statutory/Other Authority: ORS 468.020 & 468A Statutes/Other Implemented: ORS 468A.025 & 468A.035 History: DEQ 13-2019, amend filed 05/16/2019, effective 05/16/2019 DEQ 55-2017, minor correction filed 12/19/2017, effective 12/19/2017 DEQ 7-2015, f. & cert. ef. 4-16-15
340-206-8020 Air Pollution Episode WARNING Conditions Emission Reduction Plan [Note: View a PDF of plan details by clicking on "Tables" link below.] [ED. NOTE: To view attachments referenced in rule text, click here to view rule.] Statutory/Other Authority: ORS 468.020 & 468A Statutes/Other Implemented: ORS 468A.025 & 468A.035 History: DEQ 13-2019, amend filed 05/16/2019, effective 05/16/2019 DEQ 56-2017, minor correction filed 12/19/2017, effective 12/19/2017 DEQ 7-2015, f. & cert. ef. 4-16-15
340-206-8030 Air Pollution Episode EMERGENCY Conditions Emission Reduction Plan Pollution Episode Conditions for all Pollutants (Except Particulate from Volcanic Activity or Windblown Dust.) [Note: View a PDF of plan details by clicking on the "Tables" link below.] [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.035 History: DEQ 13-2019, amend filed 05/16/2019, effective 05/16/2019 DEQ 9-2018, minor correction filed 02/27/2018, effective 02/27/2018 DEQ 57-2017, minor correction filed 12/19/2017, effective 12/19/2017 DEQ 7-2015, f. & cert. ef. 4-16-15
340-206-8040 Air pollution episode conditions due to Particulate which is primarily fallout from volcanic activity or windblown dust. Ambient Particulate control measures to be taken as appropriate in episode area. [Note: View a PDF of control measures by clicking on the "Tables" link below.] [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.035 History: DEQ 13-2019, amend filed 05/16/2019, effective 05/16/2019 DEQ 58-2017, minor correction filed 12/19/2017, effective 12/19/2017 DEQ 7-2015, f. & cert. ef. 4-16-15
340-208-0005 Applicability and Jurisdiction (1) This division applies in all areas of the state; except rules OAR 340-208-0500 through 340-208-0610, which apply in all areas of Clackamas, Columbia, Multnomah and Washington counties. (2) Subject to the requirements in this division and OAR 340-200-0010(3), LRAPA is designated by the EQC to implement the rules in this division within its area of jurisdiction. NOTE: This rule is included in the State of Oregon Clean Air Act Implementation Plan that EQC adopted under OAR 340-200-0040. Statutory/Other Authority: ORS 468.020 & 468A Statutes/Other Implemented: ORS 468A.025 & 468A.035 History: DEQ 7-2015, f. & cert. ef. 4-16-15
340-208-0010 Definitions The definitions in OAR 340-200-0020, 340-204-0010 and this rule apply to this division. If the same term is defined in this rule and 340-200-0020 or 340-204-0010, the definition in this rule applies to this division. (1) "Abate" means to eliminate the nuisance or suspected nuisance by reducing or managing the emissions using reasonably available practices. The degree of abatement will depend on an evaluation of all of the circumstances of each case and does not necessarily mean completely eliminating the emissions. (2) "Nuisance" means a substantial and unreasonable interference with another's use and enjoyment of real property, or the substantial and unreasonable invasion of a right common to members of the general public. (3) "Special control area" means an area designated in OAR 340-204-0070. 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 Statutes/Other Implemented: ORS 468A.025 & 468A.035 History: DEQ 7-2015, f. & cert. ef. 4-16-15 DEQ 8-2007, f. & cert. ef. 11-8-07 DEQ 2-2001, f. & cert. ef 2-5-01 DEQ 14-1999, f. & cert. ef. 10-14-99, Renumbered from 340-021-0005, 340-021-0050, 340-030-0010 DEQ 3-1996, f. & cert. ef. 1-29-96 DEQ 10-1995, f. & cert. ef. 5-1-95 DEQ 4-1995, f. & cert. ef. 2-17-95 DEQ 4-1993, f. & cert. ef. 3-10-93 DEQ 23-1991, f. & cert. ef. 11-13-91 DEQ 22-1989, f. & cert. ef. 9-26-89 DEQ 14-1981, f. & ef. 5-6-81 DEQ 3-1980, f. & ef. 1-28-80 DEQ 9-1979, f. & ef. 5-3-79 DEQ 4-1978, f. & ef. 4-7-78 DEQ 37, f. 2-15-72, ef. 3-1-72 DEQ 4-1993, f. & cert. ef. 3-10-93 DEQ 1-1984, f. & ef. 1-16-84 DEQ 16, f. 6-12-70, ef. 7-11-70
340-208-0300 Nuisance Control Requirements: Nuisance Prohibited (1) No person may cause or allow air contaminants from any source subject to regulation by DEQ to cause a nuisance. (2) Upon determining a nuisance may exist, DEQ will provide written notice to the person creating the suspected nuisance. DEQ will endeavor to resolve observed nuisances in keeping with the policy outlined in OAR 340-012-0026. If DEQ subsequently determines a nuisance exists under 340-208-0310 and proceeds with a formal enforcement action, pursuant to OAR 340 division 12, the first day for determining penalties will be no earlier than the date of this notice. Statutory/Other Authority: ORS 468.020, 468A.010 & 468A.025 Statutes/Other Implemented: ORS 468A.010 & 468A.025 History: DEQ 7-2015, f. & cert. ef. 4-16-15 DEQ 2-2001, f. & cert. ef. 2-5-01
340-208-0310 Nuisance Control Requirements: Determining Whether A Nuisance Exists (1) In determining whether a nuisance exists, DEQ may consider factors including, but not limited to, the following: (a) Frequency of the emission; (b) Duration of the emission; (c) Strength or intensity of the emissions, odors or other offending properties; (d) Number of people impacted; (e) The suitability of each party's use to the character of the locality in which it is conducted; (f) Extent and character of the harm to complainants; (g) The source's ability to prevent or avoid harm. (2) Compliance with a best work practices agreement that identifies and abates a suspected nuisance constitutes compliance with OAR 340-208-0300 for the identified nuisance. For sources subject to 340-216-0020 or 340-218-0020, compliance with specific permit conditions that results in the abatement of a nuisance associated with an operation, process or other pollutant emitting activity constitutes compliance with 340-208-0300 for the identified nuisance. For purposes of this section, "permit condition" does not include the general condition prohibiting the creation of nuisances. Statutory/Other Authority: ORS 468, 468A.010 & 468A.025 Statutes/Other Implemented: ORS 468A.010 & 468A.025 History: DEQ 7-2015, f. & cert. ef. 4-16-15 DEQ 2-2001, f. & cert. ef. 2-5-01
340-208-0320 Nuisance Control Requirements: Best Work Practices Agreement (1) A person may voluntarily enter into an agreement with DEQ to implement specific practices to abate the suspected nuisance. This agreement may be modified by mutual consent of both parties. This agreement will be an Order for the purposes of enforcement under OAR 340 division 12. (2) For any source subject to OAR 340-216-0020 or 340-218-0020, the conditions outlined in the best work practices agreement will be incorporated into the permit at the next permit renewal or modification. (3) This agreement will remain in effect unless or until DEQ provides written notification to the person subject to the agreement that: (a) The agreement is superseded by conditions and requirements established later in a permit; (b) DEQ determines the activities that were the subject of the agreement no longer occur; or (c) DEQ determines that further reasonably available practices are necessary to abate the suspected nuisance. (4) The agreement will include one or more specific practices to abate the suspected nuisance. The agreement may contain other requirements including, but not limited to: (a) Monitoring and tracking the emission of air contaminants; (b) Logging complaints and the source's response to the complaint; (c) Conducting a study to propose further refinements to best work practices. (5) DEQ will consult, as appropriate, with complainants with standing in the matter throughout the development, preparation, implementation, modification and evaluation of a best work practices agreement. DEQ will not require that complainants identify themselves to the source as part of the investigation and development of the best work practices agreement. Statutory/Other Authority: ORS 468, 468A.010 & 468A.025 Statutes/Other Implemented: ORS 468A.010 & 468A.025 History: DEQ 7-2015, f. & cert. ef. 4-16-15 DEQ 2-2001, f. & cert. ef. 2-5-01
340-208-0400 Nuisance Control Requirements: Masking of Emissions No person may cause or permit the installation or use of any device or use of any means designed to mask the emission of an air contaminant that causes or is likely to cause detriment to health, safety, or welfare of any person or otherwise violate any other regulation or requirement. Statutory/Other Authority: ORS 468, 468A.010 & 468A.025 Statutes/Other Implemented: ORS 468A.010 & 468A.025 History: DEQ 2-2001, f. & cert. ef. 2-5-01
340-208-0450 Nuisance Control Requirements: Particle Fallout Limitation No person may cause or permit the emission of particulate matter larger than 250 microns in size at sufficient duration or quantity as to create an observable deposition upon the real property of another person. Statutory/Other Authority: ORS 468, 468A.010 & 468A.025 Statutes/Other Implemented: ORS 468A.010 & 468A.025 History: DEQ 7-2015, f. & cert. ef. 4-16-15 DEQ 2-2001, f. & cert. ef. 2-5-01, Renumbered from 340-208-0620 DEQ 14-1999, f. & cert. ef. 10-14-99, Renumbered from 340-030-0520 DEQ 4-1993, f. & cert. ef. 3-10-93, Renumbered from 340-028-0080 DEQ 61, f. 12-5-73, ef. 12-25-73
340-208-0500 Clackamas, Columbia, Multnomah, and Washington Counties: Application OAR 340-208-0510 through 340-208-0610 apply in Clackamas, Columbia, Multnomah, and Washington Counties. Statutory/Other Authority: ORS 468 & 468A Statutes/Other Implemented: ORS 468A.025 History: DEQ 8-2007, f. & cert. ef. 11-8-07 DEQ 2-2001, f. & cert. ef. 2-5-01 DEQ 14-1999, f. & cert. ef. 10-14-99, Renumbered from 340-030-0400 DEQ 4-1993, f. & cert. ef. 3-10-93, Renumbered from 340-028-0001 DEQ 61, f. 12-5-73, ef. 12-25-73
340-208-0510 Clackamas, Columbia, Multnomah, and Washington Counties: Exclusions (1) The requirements contained in OAR 340-208-0510 through 340-208-0610 apply to all activities conducted in Clackamas, Columbia, Multnomah, and Washington Counties, except for activities for which specific industrial standards have been adopted (under OAR chapter 340, divisions 230, 234, 236, 238, and 244). (2) The requirements outlined in OAR 340-208-0510 through 340-208-0610 do not apply to activities related to a domestic residence of four or fewer family-living units. Statutory/Other Authority: ORS 468 & 468A Statutes/Other Implemented: ORS 468A.025 History: DEQ 19-2022, amend filed 11/18/2022, effective 03/01/2023 DEQ 8-2007, f. & cert. ef. 11-8-07 DEQ 2-2001, f. & cert. ef. 2-5-01 DEQ 14-1999, f. & cert. ef. 10-14-99, Renumbered from 340-030-0410 DEQ 4-1993, f. & cert. ef. 3-10-93, Renumbered from 340-028-0003 DEQ 61, f. 12-5-73, ef. 12-25-73
340-208-0550 Clackamas, Columbia, Multnomah, and Washington Counties: Odor Control Measures (1) Control apparatus and equipment, using the highest and best practicable treatment currently available, must be installed and operated to reduce to a minimum odor-bearing gases or odor-bearing particulate matter emitted into the atmosphere. (2) Gas effluents from incineration operations and process after-burners installed under section (1) of this rule must be maintained at a temperature of 1,400° Fahrenheit for at least a 0.5 second residence time, or controlled in another manner determined by the department to be equally or more effective. Statutory/Other Authority: ORS 468 & 468A Statutes/Other Implemented: ORS 468A.025 History: DEQ 2-2001, f. & cert. ef. 2-5-01 DEQ 14-1999, f. & cert. ef. 10-14-99, Renumbered from 340-030-0450 DEQ 4-1993, f. & cert. ef. 3-10-93, Renumbered from 340-028-0045 DEQ 61, f. 12-5-73, ef. 12-25-73
340-208-0570 Clackamas, Columbia, Multnomah, and Washington Counties: Ships While in those portions of the Willamette River and Columbia River that pass through or adjacent to Clackamas, Columbia, and Multnomah Counties, each ship is subject to the emission standards and rules for visible emissions and particulate matter size and must minimize soot emissions. The owner, operator or other responsible party must ensure that these standards and requirements are met. Statutory/Other Authority: ORS 468 & 468A Statutes/Other Implemented: ORS 468A.025 History: DEQ 2-2001, f. & cert. ef. 2-5-01 DEQ 14-1999, f. & cert. ef. 10-14-99, Renumbered from 340-030-0470 DEQ 4-1993, f. & cert. ef. 3-10-93, Renumbered from 340-028-0055 DEQ 61, f. 12-5-73, ef. 12-25-73
340-208-0590 Clackamas, Columbia, Multnomah, and Washington Counties: Emission Standards — General Compliance with any specific emission standard in this Division does not preclude required compliance with any other applicable emission standard or requirement contained in OAR 340. Statutory/Other Authority: ORS 468 & 468A Statutes/Other Implemented: ORS 468A.025 History: DEQ 14-1999, f. & cert. ef. 10-14-99, Renumbered from 340-030-0490 DEQ 4-1993, f. & cert. ef. 3-10-93, Renumbered from 340-028-0065 DEQ 61, f. 12-5-73, ef. 12-25-73
340-208-0610 Clackamas, Columbia, Multnomah, and Washington Counties: Particulate Matter Weight Standards Except for equipment burning natural gas and liquefied petroleum gas, the maximum allowable emission of particulate matter from any fuel burning equipment: (1) Is a function of maximum heat input as determined from Figure 1, except that from: (a) Existing fuel burning equipment installed, constructed or last modified on or before June 1, 1970, utilizing wood residue, it is 0.20 grain per standard cubic foot of exhaust, corrected to 12 percent carbon dioxide; and (b) New fuel burning equipment installed, constructed, or modified after June 1, 1970 utilizing wood residue, it is 0.10 grain per standard cubic foot of exhaust gas, corrected to 12 percent carbon dioxide; and (2) Must not exceed Smoke Spot #2 for distillate fuel and #4 for residual fuel, measured by ASTM D2156-65, “Standard Method for Test for Smoke Density of the Flue Gases from Distillate Fuels.” [NOTE: View a PDF of Figure by clicking on "Tables" link below.] [NOTE: Publications referenced are available from the agency.] [ED. NOTE: To view attachments referenced in rule text, click here to view rule.] Statutory/Other Authority: ORS 468 & 468A Statutes/Other Implemented: ORS 468.020 & 468A.025 History: DEQ 19-2022, amend filed 11/18/2022, effective 03/01/2023 DEQ 13-2019, amend filed 05/16/2019, effective 05/16/2019 DEQ 2-2001, f. & cert. ef. 2-5-01 DEQ 14-1999, f. & cert. ef. 10-14-99, Renumbered from 340-030-0510 DEQ 3-1996, f. & cert. ef. 1-29-96 DEQ 4-1993, f. & cert. ef. 3-10-93, Renumbered from 340-028-0075 DEQ 61, f. 12-5-73, ef. 12-25-73
340-209-0010 Purpose The purpose of this division is to specify the requirements for notifying the public of certain permit actions and providing an opportunity for the public to participate in those permit actions. 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.310 Statutes/Other Implemented: ORS 468.065, 468A.035, 468A.040 & ORS 468A.310 History: DEQ 7-2015, f. & cert. ef. 4-16-15 DEQ 6-2001, f. 6-18-01, cert. ef. 7-1-01
340-209-0020 Applicability This division applies to permit actions requiring public notice as specified in OAR 340, divisions 216, 218 and 245. NOTE : This rule is included in the State of Oregon Clean Air Act Implementation Plan that EQC adopted 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.310 Statutes/Other Implemented: ORS 468.065, 468A.035, 468A.040 & 468A.310 History: 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