justicedao/ipfs_state_laws huggingface dataset:
340-240-0220 Medford-Ashland Air Quality Maintenance Area and Grants Pass Urban Growth Area: Source Testing (1) The owner or operator of the following sources of particulate emissions must make or have made tests to determine the type, quantity, quality, and duration of emissions, and/or process parameters affecting emissions, using the DEQ Source Sampling Manual at the following frequencies [NOTE: The DEQ Source Sampling Manual is published with OAR 340-200-0035] : (a) Wood Waste Boilers with heat input capacity greater than 35 million Btu/hour — Once every year; (b) Veneer Dryers — Once every three years; (c) Wood Particle Dryers at Hardboard and Particleboard Plants — Once every year; (d) Wood Waste Boilers with heat input capacity equal to or less than 35 million BTU/hour with dry emission control devices -- Once every three years. (2) Source testing must begin at these frequencies within 90 days of the date by which compliance is to be achieved for each individual emission source. (3) These source testing requirements will remain in effect unless waived in writing by DEQ because of adequate demonstration that the source is consistently operating at lowest practicable levels, or that continuous emission monitoring systems are producing equivalent information. (4) Source tests on wood waste boilers must not be performed during periods of soot blowing, grate cleaning, or other abnormal operating conditions. The maximum steaming rate for the boiler may not exceed the average steam production rate measured during the source test by more than ten percent (10%). (5) Source tests must be performed within 90 days of the startup of air pollution control systems. 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.070 Statutes/Other Implemented: ORS 468A.025 & 468A.070 History: DEQ 13-2019, amend filed 05/16/2019, effective 05/16/2019 DEQ 7-2015, f. & cert. ef. 4-16-15 DEQ 1-2005, f. & cert. ef. 1-4-05 DEQ 6-2001, f. 6-18-01, cert. ef. 7-1-01 DEQ 14-1999, f. & cert. ef. 10-14-99, Renumbered from 340-030-0055 DEQ 22-1996, f. & cert. 10-22-96 DEQ 4-1993, f. & cert. ef. 3-10-93 DEQ 23-1991, f. & cert. ef. 11-13-91 DEQ 22-1988, f. & cert. ef. 9-26-89 DEQ 14-1986, f. & cert. ef. 6-20-86 DEQ 4-1978, f. & cert. ef. 4-7-78
340-240-0250 Medford-Ashland Air Quality Maintenance Area and Grants Pass Urban Growth Area: Open Burning Open burning of domestic waste is prohibited on any day or at any time when DEQ advises fire permit issuing agencies that open burning is not allowed because of adverse meteorological or air quality conditions. NOTE: These rules are 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.085 Statutes/Other Implemented: ORS 468A.025 & 468A.085 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 340-030-0070 DEQ 4-1993, f. & cert. ef. 3-10-93 DEQ 4-1978, f. & ef. 4-7-78
340-240-0300 La Grande Urban Growth Area: Applicability OAR 340-240-0300 through 340-240-0360 apply in the La Grande Urban Growth Area. NOTE: These rules are 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 340-030-0200 DEQ 4-1993, f. & cert. ef. 3-10-93 DEQ 23-1991, f. & cert. ef. 11-13-91
340-240-0320 La Grande Urban Growth Area: Wood-Waste Boilers No person may cause or permit the emission into the atmosphere from any wood-waste boiler that is located on a plant site where the total heat input capacity from all wood-waste boilers is greater than 35 million Btu/hr: (1) Any air contaminant which is equal to or greater than 10 percent opacity as a six minute average, unless the permittee demonstrates by source test that the source can comply with the emission limit in section (2) at higher opacity but in no case may emissions equal or exceed 20 percent opacity as a six minute average. Specific opacity limits will be included in the permit for each affected source. (2) Particulate matter in excess of 0.05 grains per standard cubic foot, corrected to 12 percent CO2. NOTE: These rules are 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 468A.025 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 340-030-0210 DEQ 4-1993, f. & cert. ef. 3-10-93 DEQ 23-1991, f. & cert. ef. 11-13-91
340-240-0330 La Grande Urban Growth Area: Wood Particle Dryers at Particleboard Plants (1) No person may cause or permit the total emission of particulate matter from all wood particle dryers at a particleboard plant site to exceed 0.40 pounds per 1,000 square feet of board produced by the plant on a 3/4" basis of finished product equivalent. (2) No person may cause or permit the visible emissions from the wood particle dryers at a particleboard plant to exceed 10 percent opacity as a six minute average, unless the permittee demonstrates by source test that the particulate matter emission limit in section (1) can be achieved at higher visible emissions, but in no case may emissions equal or exceed 20 percent opacity as a six minute average. Specific opacity limits will be included in the permit for each affected source. NOTE: These rules are 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 468A.025 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 340-030-0330 DEQ 4-1993, f. & cert. ef. 3-10-93 DEQ 23-1991, f. & cert. ef. 11-13-91
340-240-0340 La Grande Urban Growth Area: Hardboard Manufacturing Plants No person may cause or permit the total emissions of particulate matter from all sources within a hardboard plant, other than press/cooling vents, in excess of 0.25 pounds per 1,000 square feet of hardboard produced on a 1/8" basis of finished product equivalent. NOTE: These rules are 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 468A.025 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 340-030-0220 DEQ 4-1993, f. & cert. ef. 3-10-93 DEQ 23-1991, f. & cert. ef. 11-13-91
340-240-0350 La Grande Urban Growth Area: Air Conveying Systems (1) No person is allowed to cause or permit the emission of particulate matter in excess of 0.10 grains per standard cubic foot from any air conveying system emitting less than or equal to ten tons of particulate matter to the atmosphere during any 12-month period beginning on or after January 1, 1990 except as allowed by section (2). (2) The owner or operator of an existing source who is unable to comply with OAR 340-226-0210(1)(a)(B) or (b)(C) may request that DEQ grant an extension allowing the source up to one year to comply with the standard, and DEQ may grant such extension if it determines that such period is necessary for the installation of controls. (3) All air conveying systems emitting greater than 10 tons of particulate matter to the atmosphere during any 12-month period beginning on or after January 1, 1990 must be equipped with a particulate emissions control device or devices with a rated control efficiency of at least 98.5 percent . (4) No person may cause or permit the emission of any air contaminant which is equal to or greater than five percent opacity as a six minute average from any air conveying system subject to section (3). NOTE: These rules are 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 468A.025 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 340-030-0225 DEQ 4-1993, f. & cert. ef. 3-10-93 DEQ 23-1991, f. & cert. ef. 11-13-91
340-240-0360 La Grande Urban Growth Area: Fugitive Emissions The owner or operator of any sawmill, plywood mill or veneer manufacturing plant, particleboard plant, or hardboard plant that is located in the La Grande Urban Growth Area must comply with OAR 340-240-0180. NOTE: These rules are 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 468A.025 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 340-030-0230 DEQ 4-1993, f. & cert. ef. 3-10-93 DEQ 23-1991, f. & cert. ef. 11-13-91
340-240-0400 Lakeview Urban Growth Area: Applicability OAR 340-240-0400 through 340-240-0440 apply to the Lakeview Urban Growth Area. 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 468A.025 & 468A.035 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 340-030-0300 DEQ 10-1995, f. & cert. ef. 5-1-95
340-240-0410 Lakeview Urban Growth Area: Control of Fugitive Emissions (1) All sawmills, plywood mills and veneer manufacturing plants, particleboard and hardboard plants, asphalt plants, stationary rock crushers, and sources subject to OAR 340-240-0420 must prepare and implement site-specific plans for the control of fugitive emissions. (2) Fugitive emission control plans must identify reasonable measures to prevent particulate matter from becoming airborne. Such reasonable measures must include, but not be limited to, the following: (a) Scheduled application of water or other suitable chemicals on unpaved roads, log storage or sorting yards, materials stockpiles, and other surfaces which can create airborne dust; (b) Full or partial enclosure of materials stockpiled in cases where application of water, or chemicals are not sufficient to prevent particulate matter from becoming airborne; (c) Installation and use of hoods, fans, and fabric filters to enclose and vent the handling of dusty materials; (d) Adequate containment during sandblasting or other similar operations; (e) Covering, at all times when in motion, open bodied trucks transporting materials likely to become airborne; and (f) Procedures for the prompt removal from paved streets of earthen material, dirt, dust, or other material which does or may become airborne. 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 468A.025 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 340-030-0310 DEQ 10-1995, f. & cert. ef. 5-1-95
340-240-0420 Lakeview Urban Growth Area: Requirement for Operation and Maintenance Plans (1) With the exception of basic and general permit holders, a permit holder must prepare and implement operation and maintenance plans for non-fugitive sources of particulate matter. (2) The purposes of the operation and maintenance plans are to: (a) Reduce the number of upsets and breakdowns in particulate control devices; (b) Reduce the duration of upsets and downtimes; and (c) Improve the efficiency of control devices during normal operations. (3) The operation and maintenance plans must consider, but not be limited to, the following: (a) Personnel training in operation and maintenance; (b) Preventative maintenance procedures, schedule and records; (c) Logging of the occurrence and duration of all upsets, breakdowns and malfunctions which result in excessive emissions; (d) Routine follow-up evaluation of upsets to identify the cause of the problem and changes needed to prevent a recurrence; (e) Periodic source testing of pollution control units as required by a permit; (f) Inspection of internal wear points of pollution control devices during scheduled shutdowns; and (g) Inventory of key spare parts. 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 Statutes/Other Implemented: ORS 468.020, 468A.025 & 468A.050 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 340-030-0320 DEQ 22-1996, f. & cert. 10-22-96 DEQ-10-1995, f. & cert. ef. 5-1-95
340-240-0430 Lakeview Urban Growth Area: Source Testing The owner or operator of the following sources of particulate emissions must make or have made tests to determine the type, quantity, quality, and duration of emissions, and/or process parameters affecting emissions, the using the DEQ Source Sampling Manual at the following frequency: wood waste boilers with total heat input capacity equal to or greater than 35 million Btu/hour — Once every three years. [NOTE: The DEQ Source Sampling Manual is published at OAR 340-200-0035.] [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.070 Statutes/Other Implemented: ORS 468.020, 468A.025 & 468A.070 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 340-030-0330 DEQ 22-1996, f. & cert. 10-22-96 DEQ-10-1995, f. & cert. ef. 5-1-95
340-240-0440 Lakeview Urban Growth Area: Open Burning No open burning of domestic waste is allowed to be initiated on any day or at any time when the local air stagnation advisory forecasts adverse meteorological or air quality conditions. 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.085 Statutes/Other Implemented: ORS 468A.025 & 468A.085 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 340-030-0340 DEQ-10-1995, f. & cert. ef. 5-1-95
340-240-0500 Klamath Falls Maintenance Area: Applicability OAR 340-240-0500 through 340-240-0630 apply in the Klamath Falls Nonattainment Area beginning January 1, 2013. Upon EPA approval of the maintenance plan and redesignation, these rules will continue to apply to the Maintenance Area. [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 & 468A Statutes/Other Implemented: ORS 468A.025 History: DEQ 6-2024, amend filed 05/24/2024, effective 05/24/2024 DEQ 10-2012, f. & cert. ef. 12-11-12
340-240-0510 Klamath Falls Nonattainment Area: Opacity Standard (1) Except as provided in section (2), no person conducting a commercial or industrial activity may cause or permit the emission of any air contaminant into the atmosphere from any stationary source including fuel or refuse burning equipment, that exhibits equal to or greater than 20% opacity as a six minute average. (2) Exceptions to section (1) include the following: (a) This rule does not apply to fugitive emissions. (b) For wood-fired boilers that were constructed or installed prior to June 1, 1970 and not modified since that time, visible emissions during grate cleaning operations must not equal or exceed 40% opacity as a six minute average except that: (A) Beginning June 30, 2013, this exception will only apply if the owner or operator conducts the grate cleaning in accordance with a grate cleaning plan that has been approved by DEQ; and (B) The owner or operator must prepare a grate cleaning plan in consultation with DEQ and submit the plan to DEQ by June 1, 2013. 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 468A.025 History: DEQ 7-2015, f. & cert. ef. 4-16-15 DEQ 10-2012, f. & cert. ef. 12-11-12
340-240-0530 Klamath Falls Nonattainment Area: Requirement for Operation and Maintenance Plans (1) With the exception of basic and general permit holders, a permit holder must prepare and implement Operation and Maintenance Plans for non-fugitive sources of particulate matter. (2) The purposes of the operation and maintenance plans are to: (a) Reduce the number of upsets and breakdowns in particulate control equipment; (b) Reduce the duration of upsets and downtimes; and (c) Improve the efficiency of control equipment during normal operations. (3) The operation and maintenance plans should consider, but not be limited to, the following: (a) Personnel training in operation and maintenance; (b) Preventative maintenance procedures, schedule and records; (c) Logging of the occurrence and duration of all upsets, breakdowns and malfunctions which result in excessive emissions; (d) Routine follow-up evaluation of upsets to identify the cause of the problem and changes needed to prevent a recurrence; (e) Periodic source testing of pollution control units as required by the permit; (f) Inspection of internal wear points of pollution control equipment during scheduled shutdowns; and (g) Inventory of key spare parts. (4) Existing sources must submit an Operation and Maintenance Plan to the DEQ by July 1, 2013. Sources obtaining an initial permit after December 14, 2012 must submit the Operation and Maintenance Plan within 60 days of permit issuance. The DEQ will notify sources within 30 days of plan submittal only if the Operation and Maintenance Plan is not approved. The DEQ may request revisions to the plan at any time if plans are not sufficient. 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 & 468A Statutes/Other Implemented: ORS 468.020 & 468A.025 History: DEQ 10-2012, f. & cert. ef. 12-11-12
340-240-0550 Klamath Falls Maintenance Area: Requirements for New Sources When Using Residential Wood Fuel-Fired Device Offsets (1) All new or modified sources subject to OAR 340 division 224 may opt to use wood fuel-fired device emission reductions to satisfy offset requirements; (2) Offsets for decommissioning fireplaces and non-certified woodstoves (including fireplace inserts) must be obtained at the ratio specified in OAR 340-224-0530, as applicable. One ton of emission reductions from fireplaces and non-certified wood stoves offsets one ton of emissions from a proposed new or modified industrial point source proposed to be located inside or impacting the maintenance area; (3) Offsets must be obtained from within the Klamath Falls Maintenance Area; and (4) The emission reductions offsets must be approved by DEQ and comply with OAR 340-240-0560. [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 Statutes/Other Implemented: ORS 468A.025, 468A.035 & 468A.040 History: DEQ 6-2024, amend filed 05/24/2024, effective 05/24/2024 DEQ 7-2015, f. & cert. ef. 4-16-15 DEQ 10-2012, f. & cert. ef. 12-11-12
340-240-0560 Klamath Falls Maintenance Area: Real and Permanent PM2.5 and PM10 Offsets (1) For Klamath Falls and other designated areas when allowed under OAR 340-204-0320, annual emissions reductions offsets for PM2.5 and PM10 are determined as follows: (a) For fireplaces, the emission reductions offsets for decommissioning the fireplace and replacing it with a: (A) Certified fireplace insert is 0.02 tons for each replaced device; (B) Pellet stove insert is 0.03 tons for each replaced device; or (C) Alternative non-wood burning heating system is 0.04 tons for each replaced device. (b) For non-certified fireplace inserts, the emission reduction for replacing the heating device with a: (A) Certified fireplace insert is 0.02 tons for each replaced device; (B) Pellet stove is 0.04 tons for each replaced device; or (C) Alternative non-wood burning heating system is 0.04 tons for each replaced device. (c) For conventional (non-certified) woodstoves, the emission reduction for replacing the heating device with a: (A) Certified woodstove (including both catalytic and non-catalytic designs) or certified fireplace insert is 0.03 tons for each replaced device; or (B) Pellet stove is 0.05 tons for each replaced device; or (C) Alternative non-wood burning heating system is 0.06 tons for each replaced device. (d) For certified woodstoves (including both catalytic and non-catalytic designs), the emission reduction for replacing the heating device with a: (A) Pellet stove is 0.03 tons for each replaced device; or (B) Alternative non-wood burning heating system is 0.04 tons for each replaced device (2) For the emission reductions identified in section (1) to be considered permanent, the person responsible for taking credit for the emission reductions must obtain and maintain the following records for at least 5 years from the date that the proposed industrial point source commences operation: (a) The address of the residence where the emission reduction occurred; (b) The date that the emission reduction was achieved; (c) Purchase and installation records for certified woodstoves, certified inserts, or alternative non-wood burning heating systems; (d) Records for permanently decommissioning fireplaces, if applicable; and (e) Disposal records for non-certified woodstoves or fireplace inserts removed. (3) The records identified in section (2) may be provided by a third party authorized and monitored by the DEQ to procure the emission reductions identified in section (1). (4) All emission reductions must be achieved prior to startup of the proposed source using the emission reductions as offsets in the permitting action specified in OAR 340 division 224. [NOTE: As used in this rule, “Certified” includes catalytic and non-catalytic designs, unless otherwise specified.] [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.050 Statutes/Other Implemented: ORS 468A.025, 468A.040 & 468A.050 History: DEQ 6-2024, amend filed 05/24/2024, effective 05/24/2024 DEQ 7-2015, f. & cert. ef. 4-16-15 DEQ 10-2012, f. & cert. ef. 12-11-12
340-240-0570 Klamath Falls Nonattainment Area Contingency Measures: Applicability OAR 340-240-0570 through 340-240-0630 apply to the Klamath Falls Nonattainment Area for PM2.5 should the area not achieve attainment by the applicable attainment date established pursuant to 42 U.S.C. 7502(a)(2). Statutory/Other Authority: ORS 468 & 468A Statutes/Other Implemented: ORS 468A.480 History: DEQ 10-2012, f. & cert. ef. 12-11-12
340-240-0580 Klamath Falls Nonattainment Area Contingency Measures: Existing Industrial Sources Control Efficiency The owner or operator of an Oregon Title V Operating Permit program source, as defined in OAR 340-200-0020 may not remove or modify existing control devices unless the new control device has the same or better PM2.5 control efficiency as the old device. Statutory/Other Authority: ORS 468 & 468A Statutes/Other Implemented: ORS 468A.480 History: DEQ 10-2012, f. & cert. ef. 12-11-12