justicedao/ipfs_state_laws huggingface dataset:
340-236-0010 Definitions The definitions in OAR 340-200-0020, 340-204-0010 and this rule apply to this division. If the same term is defined in this rule and 340-200-0020 or 340-204-0010, the definition in this rule applies to this division. (1) "C.F.R." means Code of Federal Regulations and, unless otherwise expressly identified, refers to the July 1, 2018 edition. (2) "Dusts" means minute solid particles released into the air by natural forces or by mechanical processes such as crushing, grinding, milling, drilling, demolishing, shoveling, conveying, covering, bagging, or sweeping. (3) "Hot mix asphalt plants" means those facilities and equipment which convey or batch load proportioned quantities of cold aggregate to a drier, and heat, dry, screen, classify, measure, and mix the aggregate with asphalt for purposes of paving, construction, industrial, residential, or commercial use. (4) "Portable hot mix asphalt plants" means those hot mix asphalt plants which are designed to be dismantled and are transported from one job site to another job site. (5) "Process weight" means the total weight of all materials introduced into any specific process which process may cause any discharge into the atmosphere. Solid fuels charged will be considered as part of the process weight, but liquid and gaseous fuels and combustion air will not. The "process weight per hour" will be derived by dividing the total process weight by the number of hours in one complete operation from the beginning of any given process to the completion thereof, excluding any time during which the equipment is idle. (6) "Special control areas" means an area designated in OAR 340-204-0070 and: (a) Any incorporated city or within six miles of the city limits of said incorporated city; (b) Any area of the state within one mile of any structure or building used for a residence; (c) Any area of the state within two miles straight line distance or air miles of any paved public road, highway, or freeway having a total of two or more traffic lanes. NOTE : This rule is included in the State of Oregon Clean Air Act Implementation Plan that EQC adopted under OAR 340-200-0040. [Publications: Publications referenced are available from DEQ.] Statutory/Other Authority: ORS 468.020 & 468A.025 Statutes/Other Implemented: ORS 468A.025 History: DEQ 18-2019, amend filed 07/19/2019, effective 07/19/2019 DEQ 7-2015, f. & cert. ef. 4-16-15 DEQ 8-2007, f. & cert. ef. 11-8-07 DEQ 14-1999, f. & cert. ef. 10-14-99, Renumbered from 340-025-0105, 340-025-0260 DEQ 18-1998, f. & cert. ef. 10-5-98 DEQ 26-1995, f. & cert. ef. 12-6-95 DEQ 22-1995, f. & cert. ef. 10-6-95 DEQ 4-1993, f. & cert. ef. 3-10-93 DEQ 10-1982, f. & ef. 6-18-82 DEQ 60, f. 12-5-73, ef. 12-25-73 DEQ 4-1993, f. & cert. ef. 3-10-93 DEQ 49, f. 2-9-73, ef. 3-1-73
340-236-0300 Reduction of Animal Matter: Applicability OAR 340-236-0300 through 340-236-0330 apply to the reduction of animal matter in all areas of the state which are within city limits or within two miles of the boundaries of incorporated cities. Statutory/Other Authority: ORS 468 & 468A Statutes/Other Implemented: ORS 468A.025 History: DEQ 14-1999, f. & cert. ef. 10-14-99, Renumbered from 340-025-0070 DEQ 4-1993, f. & cert. ef. 3-10-93 SA 30, f. 6-7-68, ef. 8-1-68
340-236-0310 Reduction of Animal Matter: Control Facilities Required (1) A person may not operate or use any article, machine, equipment or other contrivance for the reduction of animal matter unless all gases, vapors and gas-entrained effluents from such an article, machine, equipment or other contrivance are: (a) Incinerated at temperatures of not less than 1,200° Fahrenheit for a period of not less than 0.3 seconds; or (b) Processed in such a manner determined by DEQ to be equally, or more, effective for the purpose of air pollution control than section (1). (2) A person incinerating or processing gases, vapors or gas-entrained effluents pursuant to this rule must provide, properly install and maintain in calibration, in good working order and in operation, devices as specified by DEQ, for indicating temperature, pressure or other operating conditions. (3) For the purpose of OAR 340-236-0300 through 340-236-0330, "reduction" is defined as any heated process, including rendering, cooking, drying, dehydrating, digesting, evaporating and protein concentrating. (4) The provisions of OAR 340-236-0300 through 340-236-0330 do not apply to any article, machine, equipment, or other contrivance used exclusively for the processing of food for human consumption. 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 340-025-0055 DEQ 4-1993, f. & cert. ef. 3-10-93 SA 30, f. 6-7-68, ef. 8-1-68
340-236-0320 Reduction of Animal Matter: Monitoring of Reduction Facilities (1)(a) When requested by DEQ for the purpose of formulating plans in conjunction with industries who are or may be sources of air pollution, and to investigate sources of air pollution, monitoring data must be submitted for plant operational periods and must include: (A) Continuous or at least hourly influent and effluent temperature readings on the condenser; (B) Continuous or at least hourly temperature readings on the after-burner; (C) Estimated weights of finished products processed in pounds per hour; (D) Hours of operation per day; and (E) A narrative description to accurately portray control practices, including the housekeeping measures employed. (b) Except as otherwise required under the Oregon Public Records Law, ORS 192.410 to 192.505, when requested by the plant manager any information relating to processing or production must be kept confidential by DEQ and may not be disclosed or made available to competitors or their representatives in the rendering industry. (2) Whenever a breakdown of operating facilities occurs or unusual loads or conditions are encountered that cause or may cause release of excessive and malodorous gases or vapors, DEQ must be immediately notified. Statutory/Other Authority: ORS 468.020, 468A.025, 468A.050 & 468A.070 Statutes/Other Implemented: ORS 468A.025, 468A.050 & 468A.070 History: DEQ 7-2015, f. & cert. ef. 4-16-15 DEQ 14-1999, f. & cert. ef. 10-14-99, Renumbered from 340-025-0060 DEQ 4-1993, f. & cert. ef. 3-10-93 SA 30, f. 6-7-68, ef. 8-1-68
340-236-0330 Reduction of Animal Matter: Housekeeping of Plant and Plant Area The plant facilities and premises are to be kept clean and free of accumulated raw material, products, and waste materials. The methods used for housekeeping must include, but not be limited to: (1) A washdown at least once each working day, of equipment, facilities and building interiors that come in contact with raw or partially processed material, with steam or hot water and detergent or equivalent additive. (2) All solid wastes must be stored in covered containers and disposed of daily in an incinerator or fill, approved by DEQ; or by contract with a company or municipal department providing such service. (3) Disposal of liquid and liquid-borne waste in a manner approved by DEQ. 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 340-025-0065 DEQ 4-1993, f. & cert. ef. 3-10-93 SA 30, f. 6-7-68, ef. 8-1-68
340-236-0400 Hot Mix Asphalt Plants: Applicability OAR 340-236-0400 through 340-236-0440 apply to hot mix asphalt plants. 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
340-236-0410 Hot Mix Asphalt Plants: Control Facilities Required (1) No person may operate any hot mix asphalt plant, either portable or stationary, located within any area of the state outside special control areas unless all dusts and gaseous effluents generated by the hot mix asphalt plant are controlled by a control device or devices with a removal efficiency for particulate matter of at least 80 percent by weight. To determine compliance with this standard, the owner or operator must conduct a particulate matter source test using DEQ Method 5 at the inlet and outlet of the control device. If it is not feasible to conduct a particulate matter source test at the inlet to the control device, the owner or operator must provide documentation demonstrating that the control device is designed to meet the standard and prepare and implement an operation and maintenance plan for ensuring that the control device will have at least an 80 percent removal efficiency when operated. (2) No person may operate any hot mix asphalt plant, either portable or stationary, located within any special control area of the state without installing and operating systems or processes for the control of particulate emissions so as to comply with the emission limits established by the process weight table, OAR 340-236-8010, attached herewith and by reference made a part of this rule. Compliance is determined using DEQ Method 5. All source tests must be done using the DEQ Source Sampling Manual. (3) Hot mix asphalt plants are subject to the emission limitations in OAR 340-208-0110(1), 340-226-0210, and 340-238-0060, as applicable. (4) If requested by DEQ, the owner or operator must develop a fugitive emission control plan. [NOTE: This rule is included in the State of Oregon Clean Air Act Implementation Plan that EQC adopted under OAR 340-200-0040.] [NOTE: DEQ Method 5 is contained in the DEQ Source Sampling Manual published with OAR 340-200-0035.] 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 8-2007, f. & cert. ef. 11-8-07 DEQ 14-1999, f. & cert. ef. 10-14-99, Renumbered from 340-025-0110 DEQ 4-1993, f. & cert. ef. 3-10-93 DEQ 49, f. 2-9-73, ef. 3-1-73
340-236-0420 Hot Mix Asphalt Plants: Other Established Air Quality Limitations The emission limits established under OAR 340-236-0400 through 340-236-0440 are in addition to visible emission and other ambient air standards, established or to be established by the EQC, unless otherwise provided by rule. 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 340-025-0115 DEQ 4-1993, f. & cert. ef. 3-10-93 DEQ 49, f. 2-9-73, ef. 3-1-73
340-236-0440 Hot Mix Asphalt Plants: Ancillary Sources of Emission — Housekeeping of Plant Facilities (1) Ancillary air contamination sources from a hot mix asphalt plant and its facilities which emit air contaminants into the atmosphere such as, but not limited to, the drier openings, screening and classifying system, hot rock elevator, bins, hoppers, and pug mill mixer, must be controlled at all times so as to maintain the highest possible level of air quality and the lowest possible discharge of air contaminants. (2) The handling of aggregate and truck traffic must be conducted at all times so as to minimize emissions into the atmosphere. 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 340-025-0125 DEQ 4-1993, f. & cert. ef. 3-10-93 DEQ 49, f. 2-9-73, ef. 3-1-73
340-236-8010 Hot Mix Asphalt Plants: Table-Process Weight Table This rule contains the Process Weight Table. [ED. NOTE: To view attachments referenced in rule text, click here to view rule.] Statutory/Other Authority: ORS 468.020, 468A.025 & 468A.070 Statutes/Other Implemented: ORS 468A.025 & 468A.070 History: DEQ 19-2022, amend filed 11/18/2022, effective 03/01/2023 DEQ 13-2019, amend filed 05/16/2019, effective 05/16/2019 DEQ 4-2018, minor correction filed 01/17/2018, effective 01/17/2018 DEQ 3-2018, minor correction filed 01/16/2018, effective 01/16/2018 DEQ 7-2015, f. & cert. ef. 4-16-15
340-238-0010 Statement of Purpose The U.S. Environmental Protection Agency has adopted in Title 40, Code of Federal Regulations, Part 60, Standards of Performance for certain new stationary sources. It is the intent of this division to specify requirements and procedures necessary for the Department to implement and enforce the aforementioned Federal Regulation. Statutory/Other Authority: ORS 468.020 & 468A.025 Statutes/Other Implemented: ORS 468A.025 History: DEQ 14-1999, f. & cert. ef. 10-14-99, Renumbered from 340-025-0505 DEQ 22-1998, f. & cert. ef. 10-21-98 DEQ 8-1997, f. & cert. ef. 5-6-97 DEQ 4-1993, f. & cert. ef. 3-10-93 DEQ 97, f. 9-2-75, ef. 9-25-75
340-238-0020 Statement of Policy It is the policy of the Commission to consider the performance standards for new and existing stationary sources contained in this division to be minimum standards; and, as technology advances, conditions warrant, and Commission or regional authority rules require or permit, additional rules may be adopted. Statutory/Other Authority: ORS 468.020 Statutes/Other Implemented: ORS 468A.025 History: DEQ 14-1999, f. & cert. ef. 10-14-99, Renumbered from 340-025-0515 DEQ 22-1998, f. & cert. ef. 10-21-98 DEQ 8-1997, f. & cert. ef. 5-6-97 DEQ 17-1993, f. & cert. ef. 11-4-93 DEQ 4-1993, f. & cert. ef. 3-10-93 DEQ 97, f. 9-2-75, ef. 9-25-75
340-238-0030 Applicability This division applies to stationary sources subject to 40 CFR Part 60 as adopted under OAR 340-238-0060. Statutory/Other Authority: ORS 468A Statutes/Other Implemented: ORS 468 & 468A History: DEQ 19-2022, amend filed 11/18/2022, effective 03/01/2023 DEQ 14-1999, f. & cert. ef. 10-14-99
340-238-0070 Compliance Compliance with standards set forth in this division shall be determined by performance tests and monitoring methods as set forth in the Federal Regulation adopted by reference in OAR 340-238-0060. Statutory/Other Authority: ORS 468 & 468A Statutes/Other Implemented: ORS 468A.025 History: DEQ 19-2022, amend filed 11/18/2022, effective 03/01/2023 DEQ 14-1999, f. & cert. ef. 10-14-99, Renumbered from 340-025-0800 Renumbered from 340-700-0000, DEQ 4-1993, f. & cert. ef. 3-10-93 Renumbered from 340-025-0540, DEQ 15-1985, f. & ef. 10-21-85 DEQ 97, f. 9-2-75, ef. 9-25-75
340-238-0080 More Restrictive Regulations If at any time there is a direct conflict between this division or regional authority rules and the Federal Regulation (40 CFR, Part 60), the federal regulation applies. Direct conflict means that compliance with the state rule creates noncompliance with a federal regulation. Statutory/Other Authority: ORS 468 & 468A Statutes/Other Implemented: ORS 468A.025 History: DEQ 19-2022, amend filed 11/18/2022, effective 03/01/2023 DEQ 14-1999, f. & cert. ef. 10-14-99, Renumbered from 340-025-0805 DEQ 22-1995, f. & cert. ef. 10-6-95 DEQ 17-1993, f. & cert. ef. 11-4-93 DEQ 15-1985, f. & cert. ef. 10-21-85, Renumbered from 340-025-0705 DEQ 97, f. 9-2-75, cert. ef. 9-25-75, Renumbered from 340-025-0545
340-238-0090 Delegation (1) The Lane Regional Air Protection Agency (LRAPA) is authorized to implement and enforce, within its boundaries, the provisions of this division. (2) The Commission may authorize LRAPA to implement and enforce its own provisions upon a finding that such provisions are at least as strict as a corresponding provision in this division. LRAPA may implement and enforce provisions authorized by the Commission in place of any or all of this division upon receipt of delegation from EPA. Delegation may be withdrawn for cause by the Commission. Statutory/Other Authority: ORS 468.020 Statutes/Other Implemented: ORS 468A.025 History: DEQ 8-2015, f. & cert. ef. 4-17-15 DEQ 15-2008, f. & cert. ef 12-31-08 DEQ 14-1999, f. & cert. ef. 10-14-99, Renumbered from 340-025-0520 DEQ 22-1998, f. & cert. ef. 10-21-98 DEQ 8-1997, f. & cert. ef. 5-6-97 DEQ 17-1993, f. & cert. ef. 11-4-93 DEQ 4-1993, f. & cert. ef. 3-10-93 DEQ 97, f. 9-2-75, ef. 9-25-75
340-238-0100 Municipal Solid Waste Landfills (1) Applicability. The following small and large municipal solid waste landfills must comply with 40 CFR Part 60, Subpart WWW: (a) Landfills constructed after 5/30/91; (b) Existing landfills with modifications after 5/30/91; (c) Landfills that closed after 11/08/87 with modifications after 5/30/91. (2) Permitting requirements. Landfills subject to 40 CFR Part 60, Subpart WWW must comply with Oregon Title V Operating Permit Requirements as specified in OAR 340 divisions 218 and 220: (a) Existing large landfills with modifications after 5/30/91 must submit a complete Federal Operating Permit application by 3/12/97; (b) Existing large landfills with modifications after 3/12/97 must submit a complete Federal Operating Permit application the earliest of one year from the date EPA approves the 111(d) State Plan for this rule, or within one year of the modification; (c) New large landfills, which includes newly constructed large landfills after 3/12/96 and existing small landfills that become large landfills after 3/12/96 must submit a complete Federal Operating Permit application within one year of becoming subject to this requirement; (d) New and modified existing small landfills that are major sources as defined in OAR 340-200-0020 must submit a complete Federal Operating Permit application within one year of becoming a major source. (3) Reporting requirements. Landfills subject to 40 CFR Part 60, Subpart WWW must comply with the following: (a) Large landfills listed in subsection (1)(a)–(c) of this rule must: (A) Submit an Initial Design Capacity Report and an Initial Non-methane Organic Compound Report within 30 days of the effective date of this rule; and (B) Submit an annual Non-methane Organic Compound Report until nonmethane emissions are 50 mg/yr. (b) Small landfills listed in subsection (1)(a)–(c) of this rule must submit an Initial Design Capacity Report and an Initial Non-methane Organic Compound Report within 30 days of the effective date of this rule; (c) Landfills subject to this rule after the effective date of this rule must submit an Initial Design Capacity Report and an Initial Non-methane Organic Compound Report within 30 days of becoming subject to this rule. Statutory/Other Authority: ORS 468.020 & 468A.025 Statutes/Other Implemented: ORS 468A.040 History: DEQ 5-2022, amend filed 04/07/2022, effective 04/07/2022 DEQ 147-2018, minor correction filed 04/11/2018, effective 04/11/2018 DEQ 14-1999, f. & cert. ef. 10-14-99, Renumbered from 340-025-0740 DEQ 22-1998, f. & cert. ef. 10-21-98 DEQ 8-1997, f. & cert. ef. 5-6-97
340-239-0010 Applicability (1) This division applies in all areas of the state and to all new landfills and all landfills that have received solid waste after November 8, 1987, excluding those sources located on either tribal or federal lands that are not subject to regulation by DEQ and except as provided in OAR 340-239-0010(2). (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. (3) Exemptions. This division does not apply to the following landfills. Landfills claiming exemption undersubsection (b) or (c), below, must maintain records showing how the exemption is met and provide the records to DEQ upon request not later than a reasonable date established by DEQ. (a) Landfills that are regulated under the Resource Conservation and Recovery Act (RCRA) Subtitle C or the Comprehensive Environmental Response, Compensation and Liability Act 42, U.S.C, Chapter 103 (Promulgated 12/11/80; Amended 10/17/86). (b) Landfills that receive only nondecomposable wastes. (c) Landfills with less than 200,000 tons of waste-in-place except that they must comply with section (4). (4) Landfills with less than 200,000 tons of waste-in-place must maintain the landfill cover in all areas of the landfill so as to minimize landfill gas emissions. Statutory/Other Authority: ORS 468.020, ORS 468A.025 & ORS 468A.135 Statutes/Other Implemented: ORS 468A.025 & ORS 468A.135 History: DEQ 16-2021, adopt filed 10/04/2021, effective 10/04/2021
340-239-0105 Title V Operating Permit Requirement (1) The owner or operator of a municipal solid waste landfill to which this division applies, as provided in 340-239-0010, “Applicability,” and that has a design capacity equal to or greater than 2.5 million megagrams or 2.5 million cubic meters, must obtain an operating permit for the landfill under OAR 340 division 218. (2) When a municipal solid waste landfill subject to this rule is closed, the owner or operator is no longer subject to the requirement to maintain an operating permit under OAR 340 division 218 for the landfill if the landfill is not otherwise subject to the requirements of OAR 340 division 218 and if either of the following conditions are met: (a) The landfill was never subject to the requirement to install and operate a gas collection and control system under OAR 340-239-0100; or (b) The landfill meets the conditions for control system removal specified in OAR 340-239-0400(1). Statutory/Other Authority: ORS 468.020, ORS 468A.025, ORS 468A.040 & ORS 468A.050 Statutes/Other Implemented: ORS 468A.025, ORS 468A.040 & ORS 468A.050 History: DEQ 16-2021, adopt filed 10/04/2021, effective 10/04/2021