justicedao/ipfs_state_laws huggingface dataset:
340-228-0110 Sulfur Content of Fuels: Distillate Fuel Oils No person shall sell, distribute, use, or make available for use, any distillate fuel oil containing more than the following percentages of sulfur: (1) ASTM Grade 1 fuel oil — 0.3 percent by weight. (2) ASTM Grade 2 fuel oil — 0.5 percent by weight. [NOTE: This rule is included in the State of Oregon Clean Air Act Implementation Plan that EQC adopted under OAR 340-200-0040.] [NOTE: Publications referenced are available from the agency.] Statutory/Other Authority: ORS 468.020 & 468A.025 Statutes/Other Implemented: ORS 468A.025 History: DEQ 13-2019, amend filed 05/16/2019, effective 05/16/2019 DEQ 7-2015, f. & cert. ef. 4-16-15 DEQ 14-1999, f. & cert. ef. 10-14-99, Renumbered from 340-022-0015 DEQ 4-1993, f. & cert. ef. 3-10-93 DEQ 37, f. 2-15-72, ef. 3-1-72
340-228-0120 Sulfur Content of Fuels: Coal (1) Except as provided in section (2), no person may sell, distribute, use, or make available for use, any coal containing greater than 1.0 percent sulfur by weight. (2) No person may sell, distribute, use or make available for use any coal or coal containing fuel with greater than 0.3 percent sulfur and five percent volatile matter as defined in ASTM Method D3175 for direct space heating within the Portland, Salem, Eugene-Springfield, and Medford-Ashland Air Quality Maintenance Areas. For coals subjected to a devolatilization process, compliance with the sulfur limit may be demonstrated on the sulfur content of coal prior to the devolatilization process. (3) Distributors of coal or coal containing fuel destined for direct residential space heating use must keep records for a five year period which must be available for DEQ inspection and which: (a) Specify quantities of coal or coal containing fuels sold; (b) Contain name and address of customers who are sold coal or coal containing fuels; (c) Specify the sulfur and volatile content of coal or the coal containing fuel sold to residences in the Portland, Salem, Eugene-Springfield, and Medford-Ashland Air Quality Maintenance Areas. [NOTE: This rule is included in the State of Oregon Clean Air Act Implementation Plan that EQC adopted under OAR 340-200-0040.] [NOTE: Referenced documents are available from the agency.] Statutory/Other Authority: ORS 468.020 & 468A.025 Statutes/Other Implemented: ORS 468A.025 History: DEQ 13-2019, amend filed 05/16/2019, effective 05/16/2019 DEQ 7-2015, f. & cert. ef. 4-16-15 DEQ 14-1999, f. & cert. ef. 10-14-99, Renumbered from 340-022-0020 DEQ 4-1993, f. & cert. ef. 3-10-93 DEQ 3-1982, f. & ef. 1-29-82 DEQ 37, f. 2-15-72, ef. 3-1-72
340-228-0130 Sulfur Content of Fuels: Exemptions Exempted from the requirements of OAR 340-228-0100 through 340-228-0120 are: (1) Fuels used exclusively for the propulsion and auxiliary power requirements of vessels, railroad locomotives, and diesel motor vehicles. (2) With prior approval of DEQ, fuels used in such a manner or control provided such that sulfur dioxide emissions can be demonstrated to be equal to or less than those resulting from the combustion of fuels complying with the limitations of OAR 340-228-0100 through 340-228-0120. 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 14-1999, f. & cert. ef. 10-14-99, Renumbered from 340-022-0025 DEQ 4-1993, f. & cert. ef. 3-10-93 DEQ 37, f. 2-15-72, ef. 3-1-72
340-228-0200 General Emission Standards for Fuel Burning Equipment: Sulfur Dioxide Standards The following emission standards are only applicable to sources installed, constructed, or modified after January 1, 1972 except recovery furnaces regulated in OAR 340 division 234: (1) For fuel burning equipment having a heat input capacity between 150 million BTU per hour and 250 million BTU, no person may cause, suffer, allow, or permit the emission into the atmosphere of sulfur dioxide in excess of: (a) 1.4 pounds per million BTU heat input, maximum three-hour average, when liquid fuel is burned; (b) 1.6 pounds per million BTU heat input, maximum three-hour average, when solid fuel is burned. (2) For fuel burning equipment having a heat input capacity of more than 250 million BTU per hour, no person may cause, suffer, allow, or permit the emission into the atmosphere of sulfur dioxide in excess of: (a) 0.8 pound per million BTU heat input, maximum three-hour average, when liquid fuel is burned; (b) 1.2 pounds per million BTU heat input, maximum three-hour average, when solid fuel is burned. 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 1-2012, f. & cert. ef. 5-17-12 Reverted to DEQ 8-2007, f. & cert. ef. 11-8-07 DEQ 7-2011(Temp), f. & cert. ef. 6-24-11 thru 12-19-11 DEQ 8-2007, f. & cert. ef. 11-8-07 DEQ 14-1999, f. & cert. ef. 10-14-99, Renumbered from 340-022-0055 DEQ 22-1996, f. & cert. ef. 10-22-96 DEQ 4-1993, f. & cert. ef. 3-10-93 DEQ 37, f. 2-15-72, ef. 3-1-72
340-228-0300 Federal Acid Rain Program: Federal Regulations Adopted by Reference (1) 40 C.F.R. parts 72, 75, and 76 are by this reference adopted and incorporated herein, for purposes of implementing an acid rain program that meets the requirements of title IV of the FCAA. The term "permitting authority" means the Oregon DEQ and the term "Administrator" means the Administrator of the United States EPA. (2) If the provisions or requirements of 40 C.F.R. part 72 conflict with or are not included in OAR 340 divisions 218 or 220, the part 72 provisions and requirements must apply and take precedence. Statutory/Other Authority: ORS 468.020, 468A.025, 468A.040 & 468A.310 Statutes/Other Implemented: ORS 468A.025, 468A.040 & 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 5-2011, f. 4-29-11, cert. ef. 5-1-11 DEQ 13-2006, f. & cert. ef. 12-22-06 DEQ 22-2000, f. & cert. ef. 12-18-00 DEQ 14-1999, f. & cert. ef. 10-14-99, Renumbered from 340-022-0075 DEQ 32-1994, f. & cert. ef. 12-22-94
340-228-0600 Utility Mercury Rule, General Provisions: Purpose This rule establishes the mandatory reduction levels and monitoring provisions for the Utility Mercury Rule, as a means of reducing mercury (Hg) emissions in Oregon. Statutory/Other Authority: ORS 468.020 & 468A.310 Statutes/Other Implemented: ORS 468A.025 History: DEQ 15-2008, f. & cert. ef 12-31-08 DEQ 13-2006, f. & cert. ef. 12-22-06
340-228-0603 Utility Mercury Rule, General Provisions: Measurements, Abbreviations, and Acronyms Measurements, abbreviations, and acronyms used in this part are defined as follows: (1) Btu-British thermal unit. (2) CO2-carbon dioxide. (3) dscm-dry standard cubic meter. (4) H2O-water. (5) Hg-mercury. (6) hr-hour. (7) kW-kilowatt electrical. (8) kWh-kilowatt hour. (9) lb-pound. (10) m3-standard cubic meter. (11) MMBtu-million Btu. (12) MWe-megawatt electrical. (13) MWh-megawatt hour. (14) NOX-nitrogen oxides. (15) O2-oxygen. (16) ppm-parts per million. (17) scf-standard cubic foot. (18) scfh-standard cubic feet per hour. (19) SO2-sulfur dioxide. (20) µg-micrograms. (21) wscm-wet standard cubic meter. (22) yr-year. Statutory/Other Authority: ORS 468.020 & 468A.310 Statutes/Other Implemented: ORS 468A.025 History: DEQ 15-2008, f. & cert. ef 12-31-08 DEQ 13-2006, f. & cert. ef. 12-22-06
340-228-0635 Utility Mercury Rule: Recordkeeping The owner or operator of any coal-fired electric utility steam generating unit must maintain a file of all measurements, data, reports, and other information required in OAR 340-228-0606, 0609, 0637 and 0639 and 40 CFR part 63 subpart UUUUU at the source in a form suitable for inspection for at least 5 years from the date of each record. Statutory/Other Authority: ORS 468.020 & 468A.310 Statutes/Other Implemented: ORS 468A.025 History: DEQ 4-2013, f. & cert. ef. 3-27-13 DEQ 15-2008, f. & cert. ef 12-31-08
340-228-0637 Utility Mercury Rule: Reporting (1) General reporting provisions. The owner or operator of an affected unit must comply with all reporting requirements in this rule and 40 CFR part 63 subpart UUUUU. (2) Monitoring plans. The owner or operator of a coal-fired electric utility steam generating unit must prepare, and submit if requested, a monitoring plan in accordance with 40 CFR part 63 subpart UUUUU. (3) Semiannual compliance reports. The owner or operator must submit semiannual compliance reports in accordance to 40 CFR 63.10031(a) through (e). The first semiannual report must be submitted beginning with the calendar half containing the compliance date in OAR 340-228-0609(2). The owner or operator must also report the pounds of Hg emitted and heat input (if applicable) during the calendar half and year-to-date. Statutory/Other Authority: ORS 468.020 & 468A.310 Statutes/Other Implemented: ORS 468A.025 History: DEQ 4-2013, f. & cert. ef. 3-27-13 DEQ 15-2008, f. & cert. ef 12-31-08
340-230-0010 Purpose The purpose of this division is to establish state of the art emission standards, design requirements, and performance standards for solid and infectious waste incinerators, hospital/medical/infectious waste incinerators, crematory incinerators, municipal waste combustors, and commercial and industrial solid waste incineration units in order to minimize air contaminant emissions and provide adequate protection of public health. Statutory/Other Authority: ORS 468.020 & 468A Statutes/Other Implemented: ORS 468A.025 History: DEQ 8-2015, f. & cert. ef. 4-17-15 DEQ 4-2003, f. & cert. ef. 2-06-03 DEQ 14-1999, f. & cert. ef. 10-14-99, Renumbered from 340-025-0850 DEQ 4-1993, f. & cert. ef. 3-10-93 DEQ 9-1990, f. & cert. ef. 3-13-90
340-230-0020 Applicability and Jurisdiction (1) OAR 340-230-0100 through 340-230-0150 apply to all solid and infectious waste incinerators other than: (a) Municipal waste combustors, including those municipal waste combustors that burn some medical waste, that are subject to either OAR 340-238-0060, or 340-230-0300 through 340-230-0395; and (b) Hospital/medical/infectious waste incinerators that are subject to OAR 340-230-0415. (c) Commercial and industrial solid waste incinerators that are subject to OAR 340-230-0500. (2) OAR 340-230-0200 through 340-230-0230 apply to all new and existing crematory incinerators; (3) OAR 340-230-0300 through 340-230-0395 apply to municipal waste combustors as specified in 340-230-0300. (4) OAR 340-230-0415 applies to hospital/medical/infectious waste incinerators as specified in 40 CFR Part 62 Subpart HHH. (5) OAR 340-230-0500 applies to commercial and industrial solid waste incineration units as specified in OAR 340-230-0500(3) and (4). (6) Subject to the requirements in this division and OAR 340-200-0010(3), LRAPA is designated by the EQC to implement the rules in this division within its area of jurisdiction. Statutory/Other Authority: ORS 468.020 Statutes/Other Implemented: ORS 468A.025 History: DEQ 8-2015, f. & cert. ef. 4-17-15 DEQ 4-2003, f. & cert. ef. 2-06-03 DEQ 14-1999, f. & cert. ef. 10-14-99, Renumbered from 340-025-0852 DEQ 27-1996, f. & cert. ef. 12-11-96
340-230-0100 Solid and Infectious Waste Incinerators: Best Available Control Technology (1) Notwithstanding the specific emission limits set forth in OAR 340-230-0110, in order to maintain overall air quality at the highest possible levels, all solid waste facilities and infectious waste facilities are required to use Best Available Control Technology (BACT). In no event shall the application of BACT result in emissions of any air contaminant which would exceed the emission limits set forth in 340-230-0100 through 340-230-0150. (2) All installed equipment shall be operated and maintained in such a manner that emissions of air contaminants are kept at lowest possible levels. Statutory/Other Authority: ORS 183, 468 & 468A Statutes/Other Implemented: ORS 468A.025 History: DEQ 8-2007, f. & cert. ef. 11-8-07 DEQ 14-1999, f. & cert. ef. 10-14-99, Renumbered from 340-025-0860 DEQ 4-1993, f. & cert. ef. 3-10-93 DEQ 9-1990, f. & cert. ef. 3-13-90
340-230-0110 Solid and Infectious Waste Incinerators: Emissions Limitations No person shall cause, suffer, allow, or permit the operation of any solid waste facility or infectious waste facility in a manner which violates the following emission limits and requirements: (1) Particulate Emissions: (a) For incinerator facilities constructed or modified on or after March 13, 1990, emissions from each stack shall not exceed 0.015 grains per dry standard cubic foot of exhaust gases corrected to seven percent O2 at standard conditions; (b) For incinerator facilities constructed or modified before March 13, 1990, emissions from each stack shall not exceed 0.030 grains per dry standard cubic foot of exhaust gases corrected to seven percent O2 at standard conditions. (2) Hydrogen Chloride (HC1). For all incinerator facilities, emissions of hydrogen chloride from each stack shall not exceed 50 ppm during any 60-minute period corrected to seven percent O2; or shall be reduced by at least 90 percent by weight on an hourly basis. (3) Sulfur Dioxide (SO2). For all incinerator facilities, emissions of sulfur dioxide from each stack shall not exceed 50 ppm as a running three-hour average corrected to seven percent O2; or shall be reduced by at least 70 percent by weight on a three-hour basis. (4) Carbon Monoxide (CO). For all incinerator facilities, emissions of carbon monoxide from each stack shall not exceed 100 ppm as a running eight-hour average corrected to seven percent O2. (5) Nitrogen Oxide (NOx). Emissions of nitrogen oxide from each stack shall not exceed 200 ppm as a running 24-hour average corrected to seven percent O2 for incinerator facilities constructed or modified on or after March 13, 1990 capable of processing more than 250 tons/day of wastes. (6) Opacity. The opacity as measured visually or by a transmissometer shall not exceed ten percent for a period aggregating more than six minutes in any 60-minute period. (7) Fugitive Emissions. Solid waste incinerator facilities shall be operated in a manner which prevents or minimizes fugitive emissions, including the paving of all normally traveled roadways within the plant boundary and enclosing all material transfer points. (8) Other Wastes. No solid waste incinerator or infectious waste incinerator shall burn radioactive or hazardous waste, or any other waste not specifically authorized in the Department's Air Contaminant Discharge Permit. (9) Other Contaminants. In the absence of an air-contaminant-specific emission limit or ambient air quality standard, the Department may establish by permit emission limits for any hazardous air contaminants that are more protective of human health and the environment for any solid waste incinerator or infectious waste incinerator. Statutory/Other Authority: ORS 183, 468 & 468A Statutes/Other Implemented: ORS 468A.025 History: DEQ 8-2007, f. & cert. ef. 11-8-07 DEQ 14-1999, f. & cert. ef. 10-14-99, Renumbered from 340-025-0865 DEQ 4-1993, f. & cert. ef. 3-10-93 DEQ 9-1990, f. & cert. ef. 3-13-90
340-230-0130 Solid and Infectious Waste Incinerators: Continuous Emission Monitoring (1) All solid waste incinerators shall operate and maintain continuous monitoring for the following: (a) Sulfur dioxide; (b) Carbon monoxide; (c) Opacity; (d) Final Combustion Chamber Exit Temperature; (e) Control Equipment Outlet Temperature; (f) Oxygen; and (g) Nitrogen Oxide — New facilities only (over 250 tons/day). (2) All infectious waste incinerators shall operate and maintain continuous monitoring for the following: (a) Carbon monoxide; (b) Opacity; and (c) Final Combustion Chamber Exit Temperature. (3) The Department may at any time require the installation of hydrogen chloride monitors for any solid and infectious waste incinerator, or sulfur dioxide monitors for any infectious waste incinerator, if the Department determines such monitoring is necessary, in order to demonstrate compliance with the hydrogen chloride emission limit. (4) The monitors specified above shall comply with EPA performance specifications in Title 40, C.F.R., Part 60, Appendix B, and the Department’s Continuous Monitoring Manual. [NOTE: The Department's Continuous Monitoring Manual is published at OAR 340-200-0035.] All monitoring equipment shall be located so as to accurately monitor emission levels, in order to demonstrate compliance with OAR 340-230-0110. Statutory/Other Authority: ORS 183, 468 & 468A Statutes/Other Implemented: ORS 468A.025 History: DEQ 13-2019, amend filed 05/16/2019, effective 05/16/2019 DEQ 14-1999, f. & cert. ef. 10-14-99, Renumbered from 340-025-0875 DEQ 4-1993, f. & cert. ef. 3-10-93 DEQ 9-1990, f. & cert. ef. 3-13-90
340-230-0140 Solid and Infectious Waste Incinerators: Reporting and Testing (1) Reporting: (a) Stack test results shall be reported to the Department within 60 days of completion; (b) All records associated with continuous monitoring data including, but not limited to, original data sheets, charts, calculations, calibration data, production records and final reports shall be maintained for a continuous period of at least one year and shall be furnished to the Department upon request. (2) Source Testing: (a) All solid waste incinerators and infectious waste incinerators must be tested to demonstrate compliance with the standards in OAR 340-230-0100 through 340-230-0150; (b) Source testing shall be conducted at the maximum design rate using waste that is representative of normal operation. If requested by the owner/operator, source testing may be performed at a lower rate, however, permit limits will be established based on the lower rate of operation; (c) Unless otherwise specified by the Department, each incinerator shall be tested at start-up and annually thereafter for particulate, hydrogen chloride, sulfur dioxide, and carbon monoxide emissions. (3) Hazardous or Toxic Air Contaminant Source Testing. The Department may at any time, conduct or require source testing and require access to information specific to the control, recovery, or release of hazardous or toxic air contaminants. Statutory/Other Authority: ORS 183, 468 & 468A Statutes/Other Implemented: ORS 468A.025 History: DEQ 14-1999, f. & cert. ef. 10-14-99, Renumbered from 340-025-0880 DEQ 4-1993, f. & cert. ef. 3-10-93 DEQ 9-1990, f. & cert. ef. 3-13-90
340-230-0150 Solid and Infectious Waste Incinerators: Compliance (1) All waste incinerators constructed or modified before March 13, 1990 must demonstrate compliance with the applicable provisions of OAR 340-230-0100 through 340-230-0150 by March 13, 1995, or by the date required by applicable federal guidelines adopted by the Environmental Protection Agency, whichever is sooner. Existing data such as that collected in accordance with the requirements of an Air Contaminant Discharge Permit may be used to demonstrate compliance. (2) Solid waste incinerators and infectious waste incinerators constructed or modified on or after March 13, 1990 must demonstrate compliance with the emission limits and operating requirements of OAR 340-230-0100 through 340-230-0150 in accordance with a schedule established by the Department before commencing regular operation. (3) Compliance with OAR 340-230-0100 through 340-230-0150 does not relieve the owner or operator of the source from the responsibility to comply with requirements of the Department's Solid and Hazardous Waste rules, OAR 340, division 61, regarding the disposal of ash generated from waste incinerators. Statutory/Other Authority: ORS 183, 468 & 468A Statutes/Other Implemented: ORS 468A.025 History: DEQ 8-2007, f. & cert. ef. 11-8-07 DEQ 14-1999, f. & cert. ef. 10-14-99, Renumbered from 340-025-0885 DEQ 4-1993, f. & cert. ef. 3-10-93 DEQ 9-1990, f. & cert. ef. 3-13-90
340-230-0200 Crematory Incinerators: Emission Limitations (1) No person may cause to be emitted particulate matter from any crematory incinerator in excess of 0.080 grains per dry standard cubic foot of exhaust gases corrected to 7 percent O2 at standard conditions. (2) Opacity. No visible emissions may be present except for one 6-minute period per hour of not more than 20% opacity as measured by EPA Method 9. (3) Odors. In cases where incinerator operation may cause odors which unreasonably interfere with the use and enjoyment of property, the Department may require by permit the use of good practices and procedures to prevent or eliminate those odors. [NOTE: View a PDF of referenced EPA Methods by clicking on "Tables" link following OAR 340-230-8010.] Statutory/Other Authority: ORS 468.020 Statutes/Other Implemented: ORS 468A.025 History: DEQ 13-2019, amend filed 05/16/2019, effective 05/16/2019 DEQ 136-2018, minor correction filed 04/11/2018, effective 04/11/2018 DEQ 8-2007, f. & cert. ef. 11-8-07 DEQ 14-1999, f. & cert. ef. 10-14-99, Renumbered from 340-025-0890 DEQ 19-1996, f. & cert. ef. 9-24-96 DEQ 4-1993, f. & cert. ef. 3-10-93 DEQ 15-1992, f. & cert. ef. 8-3-92, Sec. (3) Renumbered from 340-025-0895(3) DEQ 9-1990, f. & cert. ef. 3-13-90
340-230-0210 Crematory Incinerators: Design and Operation (1) Temperature and Residence Time: (a) For a crematory incinerator installed on or after March 13, 1993, the temperature at the final combustion chamber must be equal to or greater than 1800º F with a residence time of at least 0.5 seconds. The temperature in the final chamber must be equal to or greater than 1400º F prior to igniting the primary burner. (b) For a crematory incinerator installed prior to March 13, 1993, the temperature at the final combustion chamber must be equal to or greater than 1600º F with a residence time of at least 0.5 seconds. The temperature in the final chamber must be equal to or greater than 1200º F prior to igniting the primary burner. (2) Operator Training and Certification. Each crematory incinerator shall be operated at all times under the direction of individuals who have received training necessary for proper operation. The following shall be available on-site at all times for Department inspection: (a) A description of a Department-approved training program; and (b) A written statement signed by each operator stating that the operator has undergone and understood the training program. (3) As defined in OAR 340-230-0030(10), crematory incinerators may only be used for incineration of human and animal bodies, and appropriate containers. No waste, including infectious waste as defined in OAR 340-230-0030, may be incinerated unless specifically authorized in the Department's Air Contaminant Discharge Permit. Statutory/Other Authority: ORS 468.020 Statutes/Other Implemented: ORS 468A.025 History: DEQ 8-2007, f. & cert. ef. 11-8-07 DEQ 14-1999, f. & cert. ef. 10-14-99, Renumbered from 340-025-0895 DEQ 19-1996, f. & cert. ef. 9-24-96 DEQ 4-1993, f. & cert. ef. 3-10-93 DEQ 15-1992, f. & cert. ef. 8-3-92, Sec. (3) Renumbered from 340-025-0890(3) DEQ 9-1990, f. & cert. ef. 3-13-90
340-230-0220 Crematory Incinerators: Monitoring and Reporting (1) All crematory incinerators shall operate and maintain continuous monitoring for final combustion chamber exit temperature. The monitoring device shall be installed and operated in accordance with the manufacturer's instructions, and shall be located in an area of the secondary combustion chamber that will allow evaluation of compliance with OAR 340-230-0210 (2) All records associated with continuous monitoring data including, but not limited to, original data sheets, charts, calculations, calibration data, production records and final reports shall be maintained for a continuous period of at least two years and shall be furnished to the Department upon request. Statutory/Other Authority: ORS 468.020 Statutes/Other Implemented: ORS 468A.025 History: DEQ 8-2007, f. & cert. ef. 11-8-07 DEQ 14-1999, f. & cert. ef. 10-14-99, Renumbered from 340-025-0900 DEQ 19-1996, f. & cert. ef. 9-24-96 DEQ 4-1993, f. & cert. ef. 3-10-93 DEQ 9-1990, f. & cert. ef. 3-13-90