justicedao/ipfs_state_laws huggingface dataset:
340-209-0050 Public Notice Procedures (1) All notices. DEQ will mail or email a notice of proposed permit actions to the persons identified in OAR 340-209-0060. (2) NSR, Oregon Title V Operating Permit and General ACDP actions. In addition to section (1), DEQ will provide notice of NSR, Oregon Title V Operating Permit and General ACDP actions as follows: (a) Advertisement in a newspaper of general circulation in the area where the source or sources are or will be located, electronic noticing (termed e-notice), or a DEQ publication designed to give general public notice; and (b) Other means, if necessary, to assure adequate notice to the affected public. 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 & 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
340-209-0060 Persons Required to Be Notified (1) All notices. For all types of public notice, DEQ will provide notice to the following persons: (a) The applicant; (b) Persons on a mailing list maintained by DEQ, including those who request in writing to be notified of air quality permit actions; (c) Local news media; and (d) Interested state and federal agencies. (2) General ACDP or General Oregon Title V Operating Permit actions. In addition to section (1), DEQ will notify the following: (a) Potential applicants; and (b) All existing permit holders in the source category in the case where a General Permit is being issued to a category of sources already permitted. (3) Oregon Title V Operating Permit actions. DEQ will provide notice to affected states and the EPA in addition to the persons identified in sections (1) and (2). (4) NSR actions. For NSR actions excluding Type B State NSR actions (OAR 340 division 224), DEQ will provide notice to the following officials and agencies having jurisdiction over the location where the proposed construction would occur in addition to the persons identified in section (1): (a) The chief executives of the city and county where the source or modification would be located; (b) Any comprehensive regional land use planning agency; (c) Any state, federal land manager, or Indian governing body whose land may be affected by emissions from the source or modification; and (d) 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, 468.065 & 468A.310 Statutes/Other Implemented: ORS 468.065, 468A.035, 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
340-209-0070 Hearing Procedures When a public hearing is required or requested, DEQ will provide the hearing at a reasonable place and time before taking the final permit action. (1) Notice of the hearing may be given either in the notice accompanying the proposed or draft permit action or in such other manner as is reasonably calculated to inform interested persons. DEQ will provide notice of the hearing at least 30 days before the hearing. (2) Presiding Officer. A Presiding Officer will preside over the public hearing and ensure that proper procedures are followed to allow for the public to comment on the proposed permit action. (a) Before accepting oral or written comments by members of the public, the Presiding Officer or DEQ representative will present a summary of the proposed permit action DEQ's preliminary decision. During this period, there may be an opportunity to ask questions about the proposed or draft permit action. (b) The Presiding Officer will then provide an opportunity for interested persons to submit oral or written comments regarding the proposed permit action. Interested persons are encouraged to submit written comments because time constraints may be imposed, depending on the level of participation. While public comment is being accepted, discussion of the proposed or draft permit action will not be allowed. (c) After the public hearing, the Presiding Officer will prepare a report of the hearing that includes the date and time of the hearing, the permit action, names of persons attending the hearing, written comments, and a summary of the oral comments. The Presiding Officer's report will be entered into the permit action record. 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 Statutes/Other Implemented: ORS 468 & 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, Renumbered from 340-014-0022 DEQ 15-2000, f. & cert. ef. 10-11-00, Renumbered from 340-011-0007 DEQ 9-1996, f. & cert. ef. 7-10-96 DEQ 34-1990, f. 8-20-90, cert. ef. 9-1-90 DEQ 7-1988, f. & cert. ef. 5-6-88 (and corrected 9-30-88) DEQ 122, f. & ef. 9-13-76 DEQ 78, f. 9-6-74, ef. 9-25-74
340-209-0080 Issuance or Denial of a Permit (1) Following the public comment period and public hearing, if one is held, DEQ will take action upon the matter as expeditiously as possible. Before taking such action, DEQ will prepare a written response to address each relevant, distinct issue raised during the comment period and raised during the hearing on the record. (2) DEQ will make a record of the public comments, including the names and affiliation of persons who commented, and the issues raised during the public participation process. The public comment records may be in summary form rather than a verbatim transcript. The public comment records are available to the public at the DEQ office processing the permit. (3) The applicant may submit a written response to any comments submitted by the public within 10 working days after DEQ provides the applicant with a copy of the written comments received by DEQ. DEQ will consider the applicant's response in making a final decision. (4) After considering the comments, DEQ may adopt or modify the provisions requested in the permit application. (5) Issuance of permit: DEQ will promptly notify the applicant in writing of the final action as provided in OAR 340-011-0525 and will include a copy of the issued permit. If the permit conditions are different from those contained in the proposed permit, the notification will identify the affected conditions and include the reasons for the changes. The permit is effective on the date that it is signed unless the applicant requests a hearing to contest the permit within 20 days of the date of the notification of issuance of the permit. (6) Denial of a permit application: If DEQ proposes to deny a permit application, DEQ will promptly notify the applicant in writing of the proposed final action as provided in OAR 340-011-0525.The notification will include the reasons for the denial. The denial of a permit application is effective 60 days from the date of notification of the proposed denial unless within that time, the applicant requests a hearing as provided in section (7). (7) A request for a hearing to challenge a DEQ decision under section (5) or (6) must be in writing and state the grounds for the request. The hearing will be conducted as a contested case hearing in accordance with ORS 183.413 through 183.470 and OAR chapter 340, division 11. [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 183.413, 183.415, 468.065, 468A.035, 468A.040 & 468A.310 History: DEQ 19-2022, amend filed 11/18/2022, effective 03/01/2023 DEQ 7-2015, f. & cert. ef. 4-16-15 DEQ 42, f. 4-5-72, ef. 4-15-72; DEQ 13-1988, f. & cert. ef. 6-17-88; DEQ 4-1993, f. & cert. ef. 3-10-93; DEQ 6-2001, f. 6-18-01, cert. ef. 7-1-01, Renumbered from 340-014-0025 & 340-014-0035; DEQ 8-2007, f. & cert. ef. 11-8-07
340-210-0010 Applicability and Jurisdiction (1) This division applies to air contaminant sources, to stationary sources, and to modifications of existing portable sources that are required to have permits under OAR 340 division 216. (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, 468.065, 468A.025, 468A.040, 468A.050, 468A.070 & 468A.310 Statutes/Other Implemented: ORS 468.065, 468A.025, 468A.035 468A.040, 468A.050, 468A.070 & 468A.310 History: DEQ 7-2015, f. & cert. ef. 4-16-15 DEQ 14-1999, f. & cert. ef. 10-14-99, Renumbered from 340-028-0200 DEQ 19-1993, f. & cert. ef. 11-4-93 DEQ 12-1993, f. & cert. ef. 9-24-93
340-210-0020 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, 468.065 & 468A Statutes/Other Implemented: ORS 468.065 & 468A History: DEQ 7-2015, f. & cert. ef. 4-16-15 DEQ 14-1999, f. & cert. ef. 10-14-99
340-210-0120 Re-Registration and Maintaining Registration (1) In order to re-register or maintain registration pursuant to OAR 340-210-0100, a person responsible for an air contaminant source must reaffirm in writing, by March 1 of each year, the correctness and current status of the information furnished to DEQ. (2) In order to re-register or maintain registration pursuant to OAR 340-210-0100(3): (a) The registrant must report any change in any of the factual information reported under OAR 340-210-0110 to DEQ on a form made available by DEQ; and (b) The registrant must confirm the compliance status of the air contaminant source, including but not limited to compliance with any work practice requirements such as routine tune-ups. Confirmation must be made in writing on a form furnished by DEQ. (3) In order to re-register, or maintain registration, a person must not have had their registration terminated or revoked within the last 3 years, unless the air contaminant source has changed ownership since termination or revocation, in which case the person must not have had their registration terminated or revoked since the change in ownership. (4) If a registered air contaminant source is sold or transferred, the sale or transfer must be reported to DEQ by either the former owner or the new owner within 30 days of the date of sale or transfer. The new owner of the registered air contaminant source must register the air contaminant source within 30 days of the date of sale or transfer in accordance with OAR 340-210-0110(2) and (5). 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.050, 468A.070 & 468A.310 Statutes/Other Implemented: ORS 468A.025, 468A.035, 468A.050, 468A.070 & 468A.310 History: DEQ 7-2015, f. & cert. ef. 4-16-15 DEQ 1-2012, f. & cert. ef. 5-17-12 Reverted to DEQ 8-2009, f. & cert. ef. 12-16-09 DEQ 7-2011(Temp), f. & cert. ef. 6-24-11 thru 12-19-11 DEQ 8-2009, f. & cert. ef. 12-16-09 DEQ 6-2001, f. 6-18-01, cert. ef. 7-1-01 DEQ 14-1999, f. & cert. ef. 10-14-99, Renumbered from 340-028-0520 DEQ 12-1993, f. & cert. ef. 9-24-93, Renumbered from 340-020-0015 DEQ 4-1993, f. & cert. ef. 3-10-93 DEQ 15, f. 6-12-70, ef. 9-1-70
340-210-0205 Notice of Construction and Approval of Plans: Applicability and Requirements (1) Except as provided in section (2), OAR 340-210-0205 through 340-210-0250 apply to the following: (a) New Sources. Owners or operators of proposed new sources, not otherwise required to obtain a permit under OAR chapter 340, division 216 or 218, must submit a notice of construction application before undertaking construction or operation of a new source that emits any regulated air pollutant. (b) Existing Sources. Owners or operators of existing sources, including sources that have permits under OAR chapter 340, division 216 or 218, must submit the appropriate application before undertaking any of the following: (A) Construction or modification that will cause an increase, on an hourly basis at full production, in any regulated air pollutant emissions; (B) Replacement of a device or activity that emits any regulated air pollutants; or (C) Construction, modification, or replacement of any air pollution control device. (2) OAR 340-210-0205 through 340-210-0250 do not apply to the following sources: (a) Sources for which the owners or operators are required to obtain a permit under OAR chapter 340, division 216 or 218 for the construction or modification; (b) Agricultural operations or equipment that is exempted by OAR 340-200-0030; (c) Heating equipment in or used in connection with residences used exclusively as dwellings for not more than four families; (d) Other activities associated with residences used exclusively as dwellings for not more than four families, including, but not limited to barbecues, house painting, maintenance, and groundskeeping; (e) Portable sources, except modifications of portable sources that have permits under OAR chapter 340, division 216 or 218 and are specified in section (1); and (f) Categorically insignificant activities as defined in OAR 340-200-0020 unless they are subject to NESHAP or NSPS requirements. This exemption applies to all categorically insignificant activities whether or not they are located at major or non-major sources. (3) OAR 340-210-0205 through 340-210-0250 apply to Title V sources under OAR 340-218-0190 but are called Notices of Approval. [NOTE: This rule, with the exception of section (3), 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.055 Statutes/Other Implemented: ORS 468A.025, 468A.035 & 468A.055 History: DEQ 19-2022, amend filed 11/18/2022, effective 03/01/2023 DEQ 7-2015, f. & cert. ef. 4-16-15 DEQ 12-2008, f. & cert. ef. 9-17-08 DEQ 6-2001, f. 6-18-01, cert. ef. 7-1-01, Renumbered from 340-210-0210 DEQ 14-1999, f. & cert. ef. 10-14-99, Renumbered from 340-028-0810 DEQ 22-1995, f. & cert. ef. 10-6-95 DEQ 19-1993, f. & cert. ef. 11-4-93 DEQ 12-1993, f. & cert. ef. 9-24-93, Renumbered from 340-020-0025 DEQ 4-1993, f. & cert. ef. 3-10-93 DEQ 37, f. 2-15-72, ef. 3-1-72 DEQ 15, f. 6-12-70, ef. 9-1-70
340-212-0005 Applicability and Jurisdiction (1) This division applies in all areas of the state. (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.050, 468A.055, 468A.070, 468A.135 & 468A.310 Statutes/Other Implemented: ORS 468A.035, 468A.050, 468A.055, 468A.070, 468A.135 & 468A.310 History: DEQ 7-2015, f. & cert. ef. 4-16-15
340-212-0010 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 OAR 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 History: DEQ 7-2015, f. & cert. ef. 4-16-15 DEQ 14-1999, f. & cert. ef. 10-14-99
340-212-0110 Sampling, Testing and Measurement: Applicability OAR 340-212-0110 through 340-212-0150 apply to all stationary sources in the state. Stationary source includes portable sources that are required to have permits under division 216. 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.055, 468A.070 & 468A.310 Statutes/Other Implemented: ORS 468A.035, 468A.050, 468A.055, 468A.070 & 468A.310 History: DEQ 7-2015, f. & cert. ef. 4-16-15 DEQ 14-1999, f. & cert. ef. 10-14-99, Renumbered from 340-028-0900 DEQ 22-1995, f. & cert. ef. 10-6-95 DEQ 19-1993, f. & cert. ef. 11-4-93 DEQ 12-1993, f. & cert. ef. 9-24-93
340-212-0120 Sampling, Testing and Measurement: Program (1) As part of its coordinated program of air quality control and preventing and abating air pollution, DEQ may: (a) Require the owner or operator of a stationary source to determine the type, quantity, quality, and duration of the emissions from any air contamination source; (b) Require full reporting in writing of all test procedures and signed by the person or persons responsible for conducting the tests; (c) Require continuous monitoring of specified air contaminant emissions or parameters and periodic regular reporting of the results of such monitoring. (2) DEQ may require an owner or operator of a source to provide emission testing facilities as follows: (a) Sampling ports, safe sampling platforms, and access to sampling platforms adequate for test methods applicable to such source; and (b) Utilities for sampling and testing equipment. (3) Testing must be conducted in accordance with the DEQ Source Sampling Manual, the DEQ Continuous Monitoring Manual], or an applicable EPA Reference Method [NOTE: DEQ Manuals are pubished with OAR 340-200-0035; EPA Reference Methods are found at 40 C.F.R. Part 60, Appendix A], unless DEQ, if allowed under applicable federal requirements: (a) Specifies or approves minor changes in methodology in specific cases; (b) Approves the use of an equivalent or alternative method as defined in division 200; (c) Waives the testing requirement because the owner or operator has satisfied DEQ that the affected facility is in compliance with applicable requirements; or (d) Approves shorter sampling times and smaller sample volumes when necessitated by process variables or other factors. [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.055, 468A.070 & 468A.310 Statutes/Other Implemented: ORS 468A.035, 468A.050, 468A.055, 468A.070 & 468A.310 History: DEQ 13-2019, amend filed 05/16/2019, effective 05/16/2019 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 340-028-1100 DEQ 19-1993, f. & cert. ef. 11-4-93 DEQ 12-1993, f. & cert. ef. 9-24-93, Renumbered from 340-020 0035 DEQ 4-1993, f. & cert. ef. 3-10-93 DEQ 15, f. 6-12-70, cert. ef. 9-1-70
340-212-0130 Sampling, Testing and Measurement: Stack Heights and Dispersion Techniques (1) 40 CFR parts 51.100(ff) through 51.100(kk), and 51.118, 51.160 through 51.166, concerning stack heights and dispersion techniques, are adopted and incorporated herein. The federal rule generally prohibits the use of excessive stack height and certain dispersion techniques when calculating compliance with ambient air quality standards. The rule forbids neither the construction and actual use of excessively tall stacks, nor the use of dispersion techniques. It only forbids their use in noted calculations. The rule generally applies as follows. Stacks 65 meters high or greater that were constructed after December 31, 1970, and major modifications made after December 31, 1970 to existing plants with stacks 65 meters high or greater which were constructed before that date are subject to this rule. Certain stacks at federally owned, coal-fired steam electric generating units constructed under a contract awarded before February 8, 1974 are exempt. Any dispersion technique implemented after December 31, 1970 at any plant is subject to this rule. However, if the plant's total allowable emissions of sulfur dioxide are less than 5,000 tons per year, then certain dispersion techniques to increase final exhaust gas plume rise may be used when calculating compliance with ambient air quality standards for sulfur dioxide. (2) Where found in the federal rule, the following terms apply: (a) "Reviewing agency" means DEQ, LRAPA, or the EPA, as applicable; (b) "Authority administering the State Implementation Plan" means DEQ, LRAPA, or EPA; (c) The "procedures" referred to in 40 CFR 51.164 are the DEQ Major NSR procedures (OAR 340-224-0010 through 340-224-0070 and OAR 340-224-0500 through 340-224-0540 or Title 38 of LRAPA rules), and the review procedures for new, or modifications to, minor sources, at the DEQ review procedures for new or modified minor sources (OAR 340-210-0205 to 340-210-0250, OAR 340 division 216, OAR 340-224-0010 through 340-224-0038, OAR 340-224-0200 through 340-224-0270 and OAR 340-224-0500 through 340-224-0540, or LRAPA Title 34). (d) "The state" or "state, or local control agency" as referred to in 40 CFR 51.118, means DEQ or LRAPA; (e) "Applicable state implementation plan" and "plan" refer to the DEQ or LRAPA programs and rules, as approved by the EPA, or any regulations promulgated by EPA (see 40 CFR part 52, subpart MM). 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.055, 468A.070, 468A.135 & 468A.310 Statutes/Other Implemented: ORS 468A.035, 468A.050, 468A.055, 468A.070, 468A.135 & 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 340-028-1110 DEQ 22-1995, f. & cert. ef. 10-6-95 DEQ 19-1993, f. & cert. ef. 11-4-93 DEQ 12-1993, f. & cert. ef. 9-24-93, Renumbered from 340-020-0037 DEQ 4-1993, f. & cert. ef. 3-10-93 DEQ 11-1986, f. & ef. 5-12-86
340-212-0140 Sampling, Testing and Measurement: Methods (1) Any sampling, testing, or measurement performed pursuant to this division must conform to methods contained in the DEQ Source Sampling Manual or to recognized applicable standard methods approved in advance by DEQ. [NOTE: DEQ Manual is published with OAR 340-200-0035.] (2) DEQ may approve an equivalent or alternative method as defined in division 200. [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.055, 468A.070 & 468A.310 Statutes/Other Implemented: ORS 468A.035, 468A.050, 468A.055, 468A.070 & 468A.310 History: DEQ 13-2019, amend filed 05/16/2019, effective 05/16/2019 DEQ 7-2015, f. & cert. ef. 4-16-15 Reverted to DEQ 6-2001, f. 6-18-01, cert. ef. 7-1-01 DEQ 7-2011(Temp), f. & cert. ef. 6-24-11 thru 12-19-11 DEQ 6-2001, f. 6-18-01, cert. ef. 7-1-01 DEQ 14-1999, f. & cert. ef. 10-14-99, Renumbered from 340-028-1120 DEQ 12-1993, f. & cert. ef. 9-24-93, Renumbered from 340-020-0040 DEQ 4-1993, f. & cert. ef. 3-10-93 DEQ 15, f. 6-12-70, ef. 9-11-70
340-212-0150 Sampling, Testing and Measurement: Department Testing Instead of asking for tests and sampling of emissions from the owner or operator of a source, DEQ may conduct such tests alone or in conjunction with the owner or operator. If DEQ conducts the testing or sampling, the agency will provide a copy of the results to the owner or operator. 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.055, 468A.070 & 468A.310 Statutes/Other Implemented: ORS 468A.035, 468A.050, 468A.055, 468A.070 & 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 340-028-1130 DEQ 12-1993, f. & cert. ef. 9-24-93, Renumbered from 340-020-0045 DEQ 4-1993, f. & cert. ef. 3-10-93 DEQ 15, f. 6-12-70, ef. 9-1-70