justicedao/ipfs_state_laws huggingface dataset:
340-244-0241 Gasoline Dispensing Facilities: GDF 3 (1) The owner or operator of a GDF 3 as described in OAR 340-244-0234(4) must comply with the following requirements: (a) All applicable requirements under OAR 340-244-0238; and (b) Testing requirements under OAR 340-244-0249. (2) The owner or operator of a GDF 3 which commenced construction on or after July 1, 2024 must comply with OAR 340-244-0248 and install a dual-point vapor balance system on each gasoline storage tank with 250 gallon or greater capacity. Notwithstanding the testing requirements of OAR 340-244-0249, a complete Stage I vapor balance system must be installed before equipment is placed into gasoline service. (3) The owner or operator of a GDF 3 which commenced construction before July 1, 2024 must comply with OAR 340-244-0248 and install a dual-point vapor balance system on each new or replaced gasoline storage tank with 250 gallon or greater capacity. [NOTE: This rule is included in the State of Oregon Clean Air Act Implementation Plan that EQC adopted under OAR 340-200-0040 only for affected sources in the Portland-Vancouver, Medford-Ashland, and Salem-Keizer Area Transportation Study air quality management areas and all of Clackamas, Multnomah, and Washington counties.] Statutory/Other Authority: ORS 468.020 & ORS 468A.025 Statutes/Other Implemented: ORS 468A.025 History: DEQ 4-2024, adopt filed 03/25/2024, effective 03/25/2024
340-244-0242 Gasoline Dispensing Facilities: GDF 4 (1) The owner or operator of a GDF 4 as described in OAR 340-244-0234(4) must comply with all applicable requirements under OAR 340-244-0241; (2) The owner or operator of a GDF 4 which commenced construction on or after July 1, 2024 must comply with the following for each gasoline storage tank with 250 gallon or greater capacity: (a) Each storage tank must be dual-point; and (b) Install an Enhanced Vapor Recovery system on each storage tank and ECO nozzles on each gasoline dispenser under OAR 340-244-0246. (3) The owner or operator of a GDF 4 which commenced construction before July 1, 2024 without a Stage II vapor recovery system must comply with the following: (a) Each new, replaced, or reconstructed gasoline storage tank with 250 gallon or greater capacity must be dual-point and install an Enhanced Vapor Recovery system under OAR 340-244-0246; and (b) The owner or operator must install ECO nozzles on all gasoline dispensers at the time any gasoline storage tank is required to install an Enhanced Vapor Recovery system. (4) The owner or operator of a GDF 4 which commenced construction before July 1, 2024 and which has a complete Stage II vapor recovery system must comply with OAR 340-244-0247. [NOTE: This rule is included in the State of Oregon Clean Air Act Implementation Plan that EQC adopted under OAR 340-200-0040 only for affected sources in the Portland-Vancouver, Medford-Ashland, and Salem-Keizer Area Transportation Study air quality management areas and all of Clackamas, Multnomah, and Washington counties.] Statutory/Other Authority: ORS 468.020 & ORS 468A.025 Statutes/Other Implemented: ORS 468A.025 History: DEQ 4-2024, amend filed 03/25/2024, effective 03/25/2024 DEQ 13-2019, amend filed 05/16/2019, effective 05/16/2019 DEQ 149-2018, minor correction filed 04/11/2018, effective 04/11/2018 DEQ 7-2015, f. & cert. ef. 4-16-15 DEQ 4-2013, f. & cert. ef. 3-27-13 DEQ 1-2011, f. & cert. ef. 2-24-11 DEQ 8-2009, f. & cert. ef. 12-16-09 DEQ 15-2008, f. & cert. ef 12-31-08
340-244-0243 Gasoline Dispensing Facilities: GDF 5 (1) The owner or operator of a GDF 5 as described in OAR 340-244-0234(4) must comply with all applicable requirements under OAR 340-244-0242; (2) The owner or operator of a GDF 5 which commenced construction on or after July 1, 2024 must comply with the following for each gasoline storage tank with 250 gallon capacity or greater: (a) The gasoline storage tank must be dual-point; and (b) Install an Enhanced Vapor Recovery system on each storage tank and ECO nozzles on each gasoline dispenser under OAR 340-244-0246. (3) The owner or operator of a GDF 5 which commenced construction before July 1, 2024 must comply with the following by no later than December 31, 2029 or 24 months after becoming a GDF 5, whichever is later, for each gasoline storage tank with greater than 250 gallon capacity: (a) Install an Enhanced Vapor Recovery system on each dual-point gasoline storage tank under OAR 340-244-0246; (b) Install ECO nozzles on each gasoline dispensing hose under OAR 340-244-0246. An owner or operator of a GDF 5 that has a compatible Stage II vapor recovery system may delay the installation of ECO nozzles until the Stage II vapor recovery system is capped, removed, or otherwise decommissioned according to OAR 340-244-0247; and (c) Each new or replaced gasoline storage tank must be dual-point and have an Enhanced Vapor Recovery system installed under OAR 340-244-0246 before the tank is brought into gasoline service. (4) The owner or operator of a GDF 5 which commenced construction before July 1, 2024 subject to this rule must install, maintain and operate a complete vapor balance system under OAR 340-244-0248 on all single point gasoline storage tanks with 250 gallon capacity or greater. [NOTE: This rule is included in the State of Oregon Clean Air Act Implementation Plan that EQC adopted under OAR 340-200-0040 only for affected sources in the Portland-Vancouver, Medford-Ashland, and Salem-Keizer Area Transportation Study air quality management areas and all of Clackamas, Multnomah, and Washington counties.] Statutory/Other Authority: ORS 468.020 & ORS 468A.025 Statutes/Other Implemented: ORS 468A.025 History: DEQ 4-2024, adopt filed 03/25/2024, effective 03/25/2024
340-244-0252 Emission Standards for Gasoline Dispensing Facilities: General Provision Applicability Table 3 to 40 CFR part 63 subpart CCCCCC shows which parts of the General Provisions apply to the owner or operator. [ED. NOTE: Tables referenced are available from the agency.] Statutory/Other Authority: ORS 468.020 & 468A.025 Statutes/Other Implemented: ORS 468A.025 History: DEQ 4-2024, amend filed 03/25/2024, effective 03/25/2024 DEQ 15-2008, f. & cert. ef 12-31-08
340-245-0010 Applicability and Jurisdiction (1) This division applies in all areas of the state and to all sources, excluding sources located on tribal and federal lands that are not subject to regulation by DEQ. (2) DEQ may consult with OHA as necessary on the implementation of the rules in this division. (3) Subject to the requirements in this division and OAR 340-200-0010(3), Lane Regional Air Protection Agency is designated by the EQC to implement the rules in this division within its area of jurisdiction. (4) This division applies to entire sources as well as to individual TEUs. (5) The owner or operator of a source subject to this division may also be subject to other air quality rules including but not limited to those listed below, either in relation to its obligations under this division or independent of this division. (a) OAR chapter 340, division 209, Public Participation; (b) OAR chapter 340, division 210, Stationary Source Notification Requirements; (c) OAR chapter 340, division 212, Stationary Source Testing and Monitoring; (d) OAR chapter 340, division 214, Stationary Source Reporting Requirements; (e) OAR chapter 340, division 216, Air Contaminant Discharge Permits, including fees; (f) OAR chapter 340, division 218, Oregon Title V Operating Permits; (g) OAR chapter 340, division 220, Oregon Title V Operating Permit Fees; (h) OAR chapter 340, division 224, New Source Review; (i) OAR chapter 340, division 226, General Emission Standards; (j) OAR chapter 340, division 244, Oregon Federal Hazardous Air Pollutant Program; and (k) OAR chapter 340, division 246, Oregon State Toxic Air Contaminant Program. (6) Disclaimer. Compliance with this division does not authorize the emission of any toxic air contaminant in violation of any other federal, state, or local law or regulation, or exempt the owner or operator from any other applicable law or regulation. Statutory/Other Authority: ORS 468.020, 468.065, 468A.025, 468A.040, 468A.050, 468A.070, 468A.155, 468A.135, 468A.337 & 468A.345 Statutes/Other Implemented: 468.065, 468A.025, 468A.040, 468A.050, 468A.070, 468A.155, 468A.010, 468A.015, 468A.035, 468A.337, 468A.345, 468A.343 & 468A.335 History: DEQ 18-2021, amend filed 11/17/2021, effective 11/17/2021 DEQ 197-2018, adopt filed 11/16/2018, effective 11/16/2018
340-245-0022 Abbreviations and Acronyms As used in this division: (1) “HI” means Hazard Index. (2) “IUR” means Inhalation Unit Risk. (3) “m3” means cubic meter. (4) “NESHAP” means National Emission Standards for Hazardous Air Pollutants, established by the Environmental Protection Agency under section 112 of the Clean Air Act, 42 U.S.C. §7412. (5) “NSPS” means New Source Performance Standards, established by the Environmental Protection Agency under section 111(b) of the Clean Air Act, 42 U.S.C. §7411(b). (6) “OHA” means Oregon Health Authority. (7) “PTE” means Potential to Emit. (8) “RBC” means Risk-Based Concentration. (9) “TBACT” means Toxics Best Available Control Technology. (10) “TEU” means Toxics Emissions Unit. (11) “TLAER” means Toxics Lowest Achievable Emission Rate. (12) “TRV” means Toxicity Reference Value. (13) “µg” means microgram. (14) “μg/m3” means micrograms per cubic meter. Statutory/Other Authority: ORS 468.020, 468.065, 468A.025, 468A.040, 468A.050, 468A.070, 468A.155, 468A.135, 468A.337 & 468A.345 Statutes/Other Implemented: 468.065, 468A.025, 468A.040, 468A.050, 468A.070, 468A.155, 468A.010, 468A.015, 468A.035, 468A.337, 468A.345, 468A.335 & 468A.343 History: DEQ 13-2022, minor correction filed 08/10/2022, effective 08/10/2022 DEQ 18-2021, amend filed 11/17/2021, effective 11/17/2021 DEQ 197-2018, adopt filed 11/16/2018, effective 11/16/2018
340-245-0310 Process for Updating Risk-Based Concentrations for Toxic Air Contaminants (1) Purpose. As risk assessment and toxicological sciences advance, it is important that health risk-based standards for air quality continue to reflect the latest practices and science. The list of toxic air contaminants that are regulated and their RBCs represent one area where regulations will need regular updating to accommodate advancing science and practices to ensure that impacts to public health from industrial air emissions are minimized. (2) Process for updating risk-based concentrations. (a) DEQ will propose, through a public rulemaking process , to revise, add, or remove risk-based concentrations for toxic air contaminants whenever changes are proposed to their toxicity reference values in OAR 340-247-8010 Table 2. (b) As needed, DEQ will propose, through a public rulemaking process , to revise risk-based concentrations if new information indicates the need to adjust exposure factors or other adjustment factors for individual toxic air contaminants or groups of toxic air contaminants. Statutory/Other Authority: ORS 468.020, 468.065, 468A.025, 468A.040, 468A.050, 468A.070, 468A.155, 468A.135 & 468A.337 Statutes/Other Implemented: 468.065, 468A.025, 468A.040, 468A.050, 468A.070, 468A.155, 468A.010, 468A.015, 468A.035, 468A.337 & 468A.335 History: DEQ 18-2021, amend filed 11/17/2021, effective 11/17/2021 DEQ 197-2018, adopt filed 11/16/2018, effective 11/16/2018
340-245-0320 Standards and Criteria for Noncancer Risk Action Levels for Existing Contamination Sources (1) The noncancer Risk Action Levels for existing sources are identified in OAR 340-245-8010, Table 1. (2) The toxic air contaminants for which an adjusted noncancer Risk Action Level will apply are identified in OAR 340-247-8010, Table 2, and OAR 340-245-8010, Table 2 in the column named “Noncancer TBACT RAL.” (3) An adjusted Risk Action Level will be applied to existing sources that emit one or more toxic air contaminants identified in OAR 340-247-8010, Table 2, or OAR 340-245-8010, Table 2 with a noncancer TBACT RAL of a Hazard Index of 3. For sources that emit a mixture of toxic air contaminants with noncancer TBACT Risk Action Levels of both a Hazard Index of 3 and a Hazard Index of 5, the Risk Determination Ratio calculation expresses the degree to which the applicable Risk Action Level may be adjusted for each source. Statutory/Other Authority: ORS 468.020 & Or Laws 2018, ch. 102, § 7 Statutes/Other Implemented: Or Laws 2018, ch. 102, §7 History: DEQ 18-2021, amend filed 11/17/2021, effective 11/17/2021 DEQ 8-2020, adopt filed 04/24/2020, effective 04/24/2020
340-245-0400 Cleaner Air Oregon Fees (1) Any owner or operator that has been issued or applies for an Oregon Title V Operating Permit under OAR chapter 340, division 218 must submit the annual CAO base fees to DEQ as specified in OAR 340- 220-0050(4). (2) Any owner or operator that has been issued or applies for a Basic, General, Simple or Standard Air Contaminant Discharge Permit under OAR chapter 340, division 216 must submit the annual CAO base fee to DEQ as specified in OAR 340-216-8020 Table 2 Part 3. (3) When notified in writing by DEQ, the owner or operator of an existing source that must perform a risk assessment is required to pay the applicable existing source call-in fee in OAR 340-216-8030 Table 3 within 30 days of receiving DEQ notification. (4) Owners or operators of new or reconstructed sources must pay the applicable new source consulting fee and the applicable specific activity fees in OAR 340-216-8030 Table 3 with the permit application. (5) Any owner or operator required to apply for a Toxic Air Contaminant Permit Addendum must also submit the applicable Cleaner Air Oregon Specific Activity Fees specified in OAR 340-216-8030 Table 3 to DEQ in accordance with OAR 340-245-0030. (a) The fees in OAR 340-216-8030 Table 3 are additive in most cases; (b) A TBACT/TLAER Review fee will be due to DEQ per TEU. When reviewing multiple similar TEUs, DEQ may elect to waive additional TEU review fees for multiple similar TEU reviews if the TEUs have similar emissions and emission rates; (c) If one TEU requires two different air pollution control devices because it emits different types of toxic air contaminants (e.g., particulate matter and volatile organic compounds), then two TBACT/TLAER Review fees will be due and payable to DEQ; (d) The individual TEU fees can be additive or charged individually, depending on the situation. If an owner or operator is constructing or modifying multiple, identical TEUs, then one TEU Risk Assessment fee may be charged. If the TEUs were not identical, then multiple TEU Risk Assessment fees will be due and payable to DEQ; (e) A community engagement fee of high, medium, or low for each meeting, will be due to DEQ based on DEQ’s determination of the complexity and nature of the needed outreach and engagement activities; and (f) A source test fee is required when an owner or operator submits a source test report for DEQ review under this division. (A) The complex source test review fee is for multiple TEUs and multiple toxic air contaminant test methods; (B) The moderate source test review fee is for a single TEU and multiple toxic air contaminant test methods; and (C) The simple source test review fee is for a single TEU and a single toxic air contaminant test method. Statutory/Other Authority: ORS 468.020, 468.065, 468A.315, Or Laws 2018, ch. 102, § 13 & 468A.135 Statutes/Other Implemented: ORS 468.065, 468A.010, 468A.015, 468A.025, 468A.035, 468A.040, 468A.050, 468A.070, 468A.155, 468A.315 & Or Laws 2018, ch. 102, §§ 13 and 14 History: DEQ 18-2021, amend filed 11/17/2021, effective 11/17/2021 DEQ 197-2018, adopt filed 11/16/2018, effective 11/16/2018
340-245-8010 Tables (1) Table 1 - Risk Action Levels (2) Table 2 - Risk-Based Concentrations (3) Table 3 - Level 1 Risk Assessment Dispersion Factors [ED. NOTE: To view attachments referenced in rule text, click here to view rule.] Statutory/Other Authority: ORS 468.020, ORS 468.065, 468A.025, 468A.040, 468A.050, 468A.070, 468A.155, Or Laws 2018, ch. 102, § 7 & 468A.135 Statutes/Other Implemented: ORS 468.065, 468A.025, 468A.040, 468A.050, 468A.070, 468A.155, 468A.010, 468A.015, 468A.035 & Or Laws 2018, ch. 102, § 7 History: DEQ 18-2021, amend filed 11/17/2021, effective 11/17/2021 DEQ 8-2020, amend filed 04/24/2020, effective 04/24/2020 DEQ 197-2018, adopt filed 11/16/2018, effective 11/16/2018
340-245-9000 Colored Art Glass Manufacturing Facility Rules; Applicability and Jurisdiction Notwithstanding OAR chapter 340, division 246, OAR 340-245-9000 through 340-245-9080 apply to all facilities in the state of Oregon that: (1) Manufacture glass from raw materials, or a combination of raw materials and cullet, for: (a) Use in art, architecture, interior design and other similar decorative applications, or (b) Use by glass manufacturers for use in art, architecture, interior design and other similar decorative applications; and (2) Manufacture 5 tons per year or more of glass using raw materials that contain glassmaking HAPs. (3) Subject to the requirements in this division and OAR 340-200-0010(3), LRAPA is designated by the EQC to implement OAR 340-245-9000 through 9095 within its area of jurisdiction. NOTE: This rule was moved verbatim from OAR 340-244-9000 and renumbered and amended. Statutory/Other Authority: ORS 468.020, 468A.025 & 468A.040 Statutes/Other Implemented: 468A.025 & 468A.040 History: DEQ 197-2018, adopt filed 11/16/2018, effective 11/16/2018
340-245-9015 Colored Art Glass Manufacturing Facility Rules; Compliance Extensions A Tier 1 CAGM may request, and DEQ may grant, one or more extensions, not to exceed a total of 12 months, to the compliance date for installation of emission control systems if the CAGM cannot meet the compliance date for reasons beyond its reasonable control. A Tier 1 CAGM that has been granted an extension: (1) Is allowed to operate without the emission control device required by OAR 340-224-9050 until the required emission control device is installed and operational, or the extension expires, whichever is earlier; and (2) Must comply with OAR 340-245-9020 and 340-245-9060(1) as applicable. NOTE: This rule was moved verbatim from OAR 340-244-9015 and renumbered and amended. Statutory/Other Authority: ORS 468.020, 468A.025 & 468A.040 Statutes/Other Implemented: 468A.025 & 468A.040 History: DEQ 197-2018, adopt filed 11/16/2018, effective 11/16/2018
340-245-9020 Colored Art Glass Manufacturing Facility Rules; Permit Required (1) Not later than December 1, 2016, if located within the Portland AQMA, and not later than April 1, 2017, if located outside the Portland AQMA, all CAGMs not otherwise subject to a permitting requirement must apply for a permit under OAR 340-216-8020 Table 2, Part B, category #84. (2) A CAGM that applies for a permit on or before the required date is not in violation of OAR 340-216-0020(3). (3) CAGMs constructed after September 1, 2016 must obtain a permit prior to construction. NOTE: This rule was moved verbatim from OAR 340-244-9020 and renumbered. Statutory/Other Authority: ORS 468.020, 468A.025 & 468A.040 Statutes/Other Implemented: 468A.025 & 468A.040 History: DEQ 197-2018, adopt filed 11/16/2018, effective 11/16/2018
340-245-9030 Colored Art Glass Manufacturing Facility Rules; Requirements That Apply To Tier 2 CAGMs (1) Tier 2 CAGMs located within the Portland AQMA may not use raw materials containing arsenic, cadmium, chromium, lead, manganese or nickel except in glassmaking furnaces that use an emission control device that meets the requirements of OAR 340-245-9070. (2) Effective January 1, 2017, Tier 2 CAGMs located within the Portland AQMA may not use raw materials containing selenium except in glassmaking furnaces that use an emission control device that meets the requirements of OAR 340-245-9070. (3) Tier 2 CAGMs located outside the Portland AQMA may not use raw materials containing arsenic, cadmium or chromium VI except in glassmaking furnaces that use an emission control device that meets the requirements of OAR 340-245-9070. (4) Effective April 1, 2017, Tier 2 CAGMs located outside the Portland AQMA may not use raw materials containing chromium, lead, manganese, nickel or selenium except in glassmaking furnaces that use an emission control device that meets the requirements of OAR 340-245-9070. NOTE: This rule was moved verbatim from OAR 340-244-9030 and renumbered and amended. Statutory/Other Authority: ORS 468.020, 468A.025 & 468A.040 Statutes/Other Implemented: 468A.025 & 468A.040 History: DEQ 197-2018, adopt filed 11/16/2018, effective 11/16/2018
340-245-9050 Colored Art Glass Manufacturing Facility Rules; Requirements That Apply To Tier 1 CAGMs (1) No later than October 1, 2016, if located within the Portland AQMA, and April 1, 2017, if located outside the Portland AQMA, each Tier 1 CAGM must comply with subsection (a) or (b) for each glassmaking furnace or group of glassmaking furnaces that use raw material containing arsenic, cadmium, chromium, lead, manganese or nickel: (a) Install an emission control device that meets the emission control device requirements in OAR 340-245-9070; or (b) Request a permit condition that prohibits the use of arsenic, cadmium, chromium, lead, manganese or nickel in the glassmaking furnace or group of glassmaking furnaces, and comply with that condition. (2) No later than January 1, 2017, if located within the Portland AQMA, and April 1, 2017, if located outside the Portland AQMA, each Tier 1 CAGM must comply with subsection (a) or (b) for each glassmaking furnace or group of glassmaking furnaces that use raw material containing selenium: (a) Install an emission control device that meets the emission control device requirements in OAR 340-245-9070; or (b) Request a permit condition that prohibits the use of selenium in the glassmaking furnace or group of glassmaking furnaces, and comply with that condition. NOTE: This rule was moved verbatim from OAR 340-244-9050 and renumbered and amended. Statutory/Other Authority: ORS 468.020, 468A.025 & 468A.040 Statutes/Other Implemented: 468A.025 & 468A.040 History: DEQ 197-2018, adopt filed 11/16/2018, effective 11/16/2018
340-245-9060 Colored Art Glass Manufacturing Facility Rules; Operating Restrictions That Apply To Tier 1 CAGMs (1) Tier 1 CAGMs may not use raw materials that contain chromium VI in any uncontrolled glassmaking furnace. (2) Tier 1 CAGMs are not restricted on the raw materials that may be used in glassmaking furnaces that are controlled by an emission control device approved by DEQ. NOTE: This rule was moved verbatim from OAR 340-244-9060 and renumbered. Statutory/Other Authority: ORS 468.020, 468A.025 & 468A.040 Statutes/Other Implemented: 468A.025 & 468A.040 History: DEQ 197-2018, adopt filed 11/16/2018, effective 11/16/2018
340-246-0010 Policy and Purpose The purpose of Oregon's state Toxic Air Contaminant Program is to address threats to public health and the environment from toxic air pollutants that remain after implementing the state delegated technology-based strategies of the federal Hazardous Air Pollutants Program in OAR 340-244-0010 through 340-244-0252, Cleaner Air Oregon in OAR 340-245-0005 through 340-245-8050, and OAR 340-244-9000 through 340-244-9090. It also addresses cases of elevated health risks from toxic air contaminant emissions at stationary sources and source categories of toxic air contaminant emissions. In the future, it is also intended to address human exposures to toxic air contaminant emissions from stationary sources that are not addressed by other regulatory programs or the Geographic Program through a Safety Net Program. It is expected that the Safety Net Program will apply only rarely. Statutory/Other Authority: 468A.015, ORS 468A.135, 468.020, 468.035 & 468A.025 Statutes/Other Implemented: 468A.010(1), ORS 468A.015, 468A.025, ORS 468A.135 & 468.035 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 187-2018, amend filed 05/14/2018, effective 05/14/2018 DEQ 15-2003, f. & cert. ef. 11-3-03