justicedao/ipfs_state_laws huggingface dataset:
340-230-0230 Crematory Incinerators: Compliance A crematory incinerator installed on or after March 13, 1993, must demonstrate within 180 days of startup compliance with OAR 340-230-0200(1) by: (1) Conducting a source test for particulate matter emissions in accordance with OAR 340-212-0120 through 340-212-0140; or (2) Submitting the results of testing performed on a crematory incinerator that the Department agrees is comparable to the incinerator in question. 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 340-025-0905 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 (and corrected 8-11-92) DEQ 9-1990, f. & cert. ef. 3-13-90
340-230-0320 Municipal Waste Combustors: Operating Practices (1) Emissions of carbon monoxide from each unit must not exceed 100 parts per million by volume on a dry basis corrected to 7 percent oxygen as a 4-hour block arithmetic average. (2) No owner or operator of an affected facility may cause such facility to operate at a load level greater than 110 percent of the maximum demonstrated municipal waste combustor unit load as defined in 40 CFR 60.51b except as specified in subsections (2)(a) and (b) of this rule. The averaging time is a 4-hour block arithmetic average as specified under OAR 340-230-0340(9). (a) During the annual dioxin/furan or mercury performance test and the 2 weeks preceding the annual dioxin/furan or mercury performance test, no municipal waste combustor unit load limit is applicable if the provisions of subsection (2)(b) of this rule are met. (b) The municipal waste combustor unit load limit may be waived in writing by the Administrator for the purpose of evaluating system performance, testing new technology or control technologies, diagnostic testing, or related activities for the purpose of improving facility performance or advancing the state-of-the-art for controlling facility emissions. The municipal waste combustor unit load limit continues to apply, and remains enforceable, until and unless the Administrator grants the waiver. (3) No owner or operator of an affected facility may cause or allow such facility to operate at a temperature, measured at the particulate matter control device inlet, exceeding 17°C above the maximum demonstrated particulate matter control device temperature as defined in 40 CFR 60.51b, except as specified in subsections (3)(a) and (b) of this rule. The averaging time must be a 4-hour block arithmetic average as specified under OAR 340-230-0340(9). The requirements specified in this paragraph apply to each particulate matter control device utilized at the affected facility. (a) During the annual dioxin/furan or mercury performance test and the 2 weeks preceding the annual dioxin/furan or mercury performance test, no particulate matter control device temperature limitations are applicable if the provisions of subsection (3)(b) of this rule are met. (b) The particulate matter control device temperature limits may be waived in writing by the Administrator for the purpose of evaluating system performance, testing new technology or control technologies, diagnostic testing, or related activities for the purpose of improving facility performance or advancing the state-of-the-art for controlling facility emissions. The temperature limits continues to apply, and remains enforceable, until and unless the Administrator grants the waiver. Statutory/Other Authority: ORS 468.020 Statutes/Other Implemented: ORS 468A.025 History: DEQ 15-2008, f. & cert. ef 12-31-08 DEQ 4-2003, f. & cert. ef. 2-06-03 DEQ 14-1999, f. & cert. ef. 10-14-99, Renumbered from 340-025-0970 DEQ 27-1996, f. & cert. ef. 12-11-96
340-230-0335 Municipal Waste Combustors: Standards for Municipal Waste Combustor Fugitive Ash Emissions (1) No owner or operator of an affected facility shall cause to be discharged to the atmosphere visible emissions of combustion ash from an ash conveying system (including conveyor transfer points) in excess of 5 percent of the observation period (i.e., 9 minutes per 3-hour period), as determined by EPA Reference Method 22 observations as specified in OAR 340-230-0340(11), except as provided in sections (2) and (3) of this rule. (2) The emission limit specified in section (1) of this rule does not cover visible emissions discharged inside buildings or enclosures of ash conveying systems; however, the emission limit specified in section (1) of this rule does cover visible emissions discharged to the atmosphere from buildings or enclosures of ash conveying systems. (3) The provisions specified in section (1) of this rule do not apply during maintenance and repair of ash conveying systems. [NOTE: View a PDF of referenced EPA Methods by clicking on "Tables" link below 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 15-2008, f. & cert. ef 12-31-08
340-230-0359 Municipal Waste Combustors: Compliance Schedule (1) Compliance with the revised April 28, 2009 emission limits in OAR 340-230-0310 is required as expeditiously as practicable, but not later than April 28, 2009, except as provided in section (2) of the rule. (2) The owner or operator of an affected facility who is planning an extensive emission control system upgrade may petition the Administrator for a longer compliance schedule and must demonstrate to the satisfaction of the Administrator the need for additional time. If approved, the schedule may exceed the schedule in section (1) of this rule, but cannot exceed May 10, 2011. Statutory/Other Authority: ORS 468.020 Statutes/Other Implemented: ORS 468A.025 History: DEQ 15-2008, f. & cert. ef 12-31-08
340-230-0373 Municipal Waste Combustors, Small Municipal Waste Combustion Unit: Operator Training (1) Who must complete the operator training course: (a) Chief facility operators, shift supervisors, and control room operators must complete the EPA or State-approved operator training course. If a chief facility operator, shift supervisor, and control room operator have obtained full certification from the American Society of Mechanical Engineers by June 19, 2004, the training requirements do not apply. (b) The employees must complete the operator training by December 19, 2004. (c) The owner or operator may ask the Department to waive the requirement contained in subsection (a) for chief facility operators, shift supervisors, and control room operators who have obtained provisional certification from the American Society of Mechanical Engineers by June 19, 2004. (2) Who must complete the plant-specific training course All employees with responsibilities that affect how a municipal waste combustion unit operates must complete the plant-specific training course. Chief facility operators, shift supervisors, control room operators, ash handlers, maintenance personnel, and crane or load handlers must be included. (3) Plant Specific Training: (a) For training at a particular plant, develop a specific operating manual for that plant by June 19, 2004. (b) Establish a program to review the plant-specific operating manual with people whose responsibilities affect the operation of the municipal waste combustion unit. Complete the review by June 19, 2004. (c) Update the manual annually. (d) Review the manual with staff annually. (4) The following information must be included in the plant-specific operating manual: (a) A summary of the applicable standards under OAR 340-230-0365 through 340-230-0395; (b) A description of basic combustion theory applicable to a municipal waste combustion unit; (c) Procedures for receiving, handling, and feeding municipal solid waste; (d) Procedures to follow during periods of municipal waste combustion unit startup, shutdown, and malfunction procedures; (e) Procedures for maintaining proper combustion air supply levels; (f) Procedures for operating the municipal waste combustor unit within the standards established under OAR 340-230-0365 through 340-230-0395; (g) Procedures for responding to periodic upset or off-specification conditions; (h) Procedures for minimizing particulate matter carryover; (i) Procedures for handling ash; (j) Procedures for monitoring municipal waste combustor unit emissions; and (k) Reporting and recordkeeping procedures. (5) Where the plant specific training manual must be kept. The operating manual must be kept in an easily accessible location at the plant. It must be available for review or inspection by all employees who must review it and by the Department. Statutory/Other Authority: ORS 468.020 Statutes/Other Implemented: ORS 468A.025 History: DEQ 4-2003, f. & cert. ef. 2-06-03
340-230-0415 Adoption of Federal Plan by Reference The federal plan for hospital, medical, and infectious waste incineration units constructed on or before December 1, 2008, in 40 CFR Part 62 Subpart HHH, is by this reference adopted and incorporated herein. Statutory/Other Authority: ORS 468.020 Statutes/Other Implemented: ORS 468A.025 History: DEQ 8-2015, f. & cert. ef. 4-17-15
340-230-8010 EPA Methods This rule contains copies of EPA Methods referenced in this Division. View a PDF of EPa methods referenced in this Division by clicking on "Tables" link below. [ED. NOTE: To view attachments referenced in rule text, click here to view rule.] Statutory/Other Authority: 468.020 Statutes/Other Implemented: 468A.025 History: DEQ 13-2019, adopt filed 05/16/2019, effective 05/16/2019
340-232-0010 Introduction (1) This division regulates sources of VOC which contribute to the formation of photochemical oxidant, mainly ozone. (2) Since ozone standards are not violated in Oregon from October through April because of insufficient solar energy, natural gas-fired afterburners may be permitted, on a case-by-case basis, to lay idle during the winter months. (3) Sources regulated by this division are new and existing sources located in the Portland and Medford AQMAs and in Salem-Keizer in the SKATS and listed in subsections (a) through (q) below: (a) Bulk gasoline plants including transfer of gasoline; (b) Gasoline delivery vessels; (c) Bulk gasoline terminals including truck and trailer loading; (d) Testing vapor transfer and collection systems; (e) Loading gasoline and volatile organic liquids onto marine tank vessels; (f) Cutback and emulsified asphalt; (g) Petroleum refineries; (h) Petroleum refinery leaks; (i) VOC liquid storage; (j) Surface coating in manufacturing; (k) Aerospace component coating operations; (l) Degreasers; (m) Open top vapor degreasers; (n) Conveyorized degreasers; (o) Asphaltic and coal tar pitch used for roofing coating; (p) Flat wood coating; and (q) Rotogravure and flexographic printing. (4) Emissions units not covered by the source categories listed in section (3) which emit or have the potential to emit over 100 tons of VOC per year before add-on controls are subject to OAR 340-232-0040. 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 8-2007, f. & cert. ef. 11-8-07 DEQ 3-2007, f. & cert. ef. 4-12-07 DEQ 15-2001, f. & cert. ef. 12-26-01 DEQ 14-1999, f. & cert. ef. 10-14-99, Renumbered from 340-022-0100 DEQ 20-1998, f. & cert. ef. 10-12-98 DEQ 4-1993, f. & cert. ef. 3-10-93 DEQ 8-1991, f. & cert. ef. 5-16-91 DEQ 3-1986, f. & ef. 2-12-86 DEQ 23-1980, f. & ef. 9-26-80 DEQ 17-1979, f. & ef. 6-22-79 DEQ 21-1978, f. & ef. 12-28-78
340-232-0020 Applicability (1) All new and existing sources inside the following areas must comply with the applicable requirements in this division: (a) Portland-Vancouver Air Quality Maintenance Area; (b) Medford-Ashland Air Quality Maintenance Area; (c) Salem-Keizer Area Transportation Study (SKATS) Area. (2) VOC sources located outside the areas cited in section (1) are exempt from the requirements in this division. NOTE: This rule is included in the State of Oregon Clean Air Act Implementation Plan that EQC adopted under OAR 340-200-0040. Statutory/Other Authority: ORS 468.020 & 468A.025 Statutes/Other Implemented: ORS 468A.025 History: DEQ 7-2015, f. & cert. ef. 4-16-15 DEQ 3-2007, f. & cert. ef. 4-12-07 DEQ 14-1999, f. & cert. ef. 10-14-99, Renumbered from 340-022-0104 DEQ 20-1998, f. & cert. ef. 10-12-98 Reverted to DEQ 13-1995, f. & cert. ef. 5-25-95 DEQ 7-1997(Temp), f. & cert. ef. 4-28-97 DEQ 13-1995, f. & cert. ef. 5-25-95 DEQ 4-1993, f. & cert. ef. 3-10-93 DEQ 8-1991, f. & cert. ef. 5-16-91 DEQ 3-1986, f. & ef. 2-12-86 DEQ 23-1980, f. & ef. 9-26-80 DEQ 17-1979, f. & ef. 6-22-79 DEQ 21-1978, f. & ef. 12-28-78
340-232-0040 General Non-Categorical Requirements (1) All existing sources operating prior to November 15, 1990, located inside the areas cited in OAR 340-232-0020(1)(a) or (1)(c), containing emissions units or devices for which no categorical RACT requirements exist and which can emit over 100 tons per year of VOC from aggregated, non-regulated emissions units, based on the design capacity or maximum production or throughput capacity of the source operating 8,760 hours per year without the use of control devices or limits on hours of operation, must have RACT requirements developed on a case-by-case basis by DEQ. Sources that have complied with NSR requirements per OAR chapter 340, division 224 and are subject to Best Available Control Technology (BACT) or Lowest Achievable Emission Rate (LAER) requirements are presumed to have met RACT requirements. (2) A source may request RACT not be applied or removed by demonstrating to DEQ that the aggregated, non-regulated emissions units are unable to emit more than 100 tons per year of VOC, based on the design capacity or maximum production or throughput capacity of the source operating 8,760 hours per year without the use of control devices. (3) Within 3 months of written notification by DEQ of the applicability of this rule, or, for good cause shown, up to an additional three months as approved by DEQ, the source must submit to DEQ a complete analysis of RACT for each category of emissions unit at the source, taking into account technical and economic feasibility of available control technology, and the emission reductions each technology would provide. This analysis does not need to include any emissions units subject to a specific categorical RACT requirement under this division. These RACT requirements approved by DEQ will be incorporated in the source's Air Contaminant Discharge Permit, and will be effective upon approval by EPA as a source specific SIP revision. The source must comply with the applicable RACT requirements beginning one year from the date of notification by DEQ of EPA approval. (4) Failure by a source to submit a RACT analysis required by section (2) does not excuse the source from the obligation to comply with a RACT determination established by DEQ. [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 19-2022, amend filed 11/18/2022, effective 03/01/2023 DEQ 7-2015, f. & cert. ef. 4-16-15 DEQ 14-1999, f. & cert. ef. 10-14-99, Renumbered from 340-022-0104 DEQ 20-1998, f. & cert. ef. 10-12-98 Reverted to DEQ 13-1995, f. & cert. ef. 5-25-95 DEQ 7-1997(Temp), f. & cert. ef. 4-28-97 DEQ 13-1995, f. & cert. ef. 5-25-95 DEQ 4-1993, f. & cert. ef. 3-10-93 DEQ 8-1991, f. & cert. ef. 5-16-91 DEQ 3-1986, f. & ef. 2-12-86 DEQ 23-1980, f. & ef. 9-26-80 DEQ 17-1979, f. & ef. 6-22-79 DEQ 21-1978, f. & ef. 12-28-78
340-232-0050 Exemptions Natural gas-fired afterburners needed to comply with this division shall be operated during the months of May, June, July, August, and September. During other months, the afterburners may be turned off with prior written DEQ approval, provided that the operation of such devices is not required for purposes of occupational health or safety, or for the control of toxic substances, malodors, or other regulated pollutants, or for complying with visual air contaminant limitations. 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 340-022-0106 DEQ 20-1998, f. & cert. ef. 10-12-98 DEQ 4-1993, f. & cert. ef. 3-10-93 DEQ 3-1986, f. & ef. 2-12-86 DEQ 23-1980, f. & ef. 9-26-80 DEQ 17-1979, f. & ef. 6-22-79 DEQ 21-1978, f. & ef. 12-28-78
340-232-0060 Compliance Determination (1) Certification and test procedures required by this division must be conducted using the DEQ Source Sampling Manual. [NOTE: The DEQ Source Sampling Manual is published with OAR 340-200-0035.] (2) DEQ approval by of alternative methods for demonstrating compliance where specified and allowed in this division, including approval of equivalent testing methods for determining compliance, is subject to review and approval by EPA. NOTE: This rule is included in the State of Oregon Clean Air Act Implementation Plan that EQC adopted under OAR 340-200-0040. Statutory/Other Authority: ORS 468.020 & 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 340-022-0107 DEQ 20-1998, f. & cert. ef. 10-12-98 DEQ 4-1993, f. & cert. ef. 3-10-93 DEQ 8-1991, f. & cert. ef. 5-16-91 DEQ 3-1986, f. & cert. ef. 2-12-86 DEQ 12-1981(Temp), f. & cert. ef. 4-29-81 DEQ 23-1980, f. & cert. ef. 9-26-80 DEQ 17-1979, f. & cert. ef. 6-22-79, Renumbered from 340-022-0106(3) & (4) DEQ 21-1978, f. & cert. ef. 12-28-78
340-232-0080 Bulk Gasoline Plants Including Transfer of Gasoline (1) No person may transfer or allow the transfer of gasoline to or from a bulk gasoline plant unless: (a) Each stationary storage tank uses submerged fill when transferring gasoline; and (b) The displaced vapors from filling each tank are prevented from being released to the atmosphere through use of a vapor tight vapor balance system. All equipment associated with the vapor balance system must be maintained to be vapor tight and in good working order. (2) Each stationary gasoline storage tank may release vapor to the atmosphere through a pressure relief valve set to release at the highest possible pressure in accordance with state or local fire codes, or the National Fire Prevention Association guidelines and no less than 3.4 kPa (0.50 psi). (3) Gasoline must be handled in a manner to prevent spillage, discharging into sewers, storage in open containers, or handled in any other manner that would result in evaporation. If more than five gallons are spilled, the operator must report the spillage in accordance with OAR 340-214-0300 to 340-214-0350. [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 publications are available from the agency.] Statutory/Other Authority: ORS 468.020, 468A.025 & 468A.050 Statutes/Other Implemented: ORS 468A.025 & 468A.050 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 340-022-0120 DEQ 20-1998, f. & cert. ef. 10-12-98 DEQ 4-1993, f. & cert. ef. 3-10-93 DEQ 8-1991, f. & cert. ef. 5-16-91 DEQ 3-1986, f. & ef. 2-12-86 Reverted to DEQ 23-1980, f. & ef. 9-26-80 DEQ 12-1981(Temp), f. & ef. 4-29-81 DEQ 23-1980, f. & ef. 9-26-80 DEQ 17-1979, f. & ef. 6-22-79 DEQ 21-1978, f. & ef. 12-28-78
340-232-0085 Gasoline Delivery Vessel(s) (1) No person may transfer or allow the transfer of gasoline to a delivery vessel from a bulk gasoline terminal; or a bulk gasoline plant, with a daily throughput of 4,000 or more gallons based on a 30-day rolling average, located in the Portland-Vancouver AQMA, unless: (a) Each delivery vessel uses submerged fill when receiving gasoline; and (b) The displaced vapors from filling each tank are prevented from being released to the atmosphere through use of a vapor tight vapor balance system. All equipment associated with the vapor balance system must be maintained to be vapor tight and in good working order. (2) Gasoline must be handled in a manner to prevent spillage, discharge into sewers, storage in open containers, or handled in any other manner that would result in evaporation. If more than five gallons are spilled, the operator must report the spillage in accordance with OAR 340-214-0300 to 340-214-0350. (3) Compliance with subsection (1)(a) and section (2) must be determined by visual inspection to ensure minimal spillage of gasoline and proper installation of bottom loading couples. (4) Compliance with subsection (1)(b) must be determined by verification of use of equipment approved by DEQ and/or by testing and monitoring in accordance with applicable portions of OAR 340-232-0100 and/or Method 31 and/or 32 on file with DEQ. [NOTE: Methods are found in the DEQ Source Sampling Manual published at OAR 340-200-0035.] (5) The owner or operator of a gasoline delivery vessel must maintain the vessel to be vapor tight at all times, in accordance with OAR 340- 232-0100(1), if such vessel is part of a vapor balance system required by subsection (1)(b). NOTE: This rule is included in the State of Oregon Clean Air Act Implementation Plan that EQC adopted under OAR 340-200-0040. Statutory/Other Authority: ORS 468.020, 468A.025, 468A.050 & 468A.070 Statutes/Other Implemented: ORS 468A.025, 468A.050 & 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 4-2013, f. & cert. ef. 3-27-13 DEQ 14-1999, f. & cert. ef. 10-14-99, Renumbered from 340-022-0125 DEQ 20-1998, f. & cert. ef. 10-12-98
340-232-0120 Cutback and Emulsified Asphalt (1) Use of any cutback asphalts for paving roads and parking areas is prohibited during the months of April, May, June, July, August, September, and October, except as provided for in section (2). (2) Slow curing (SC) and medium curing (MC) cutback asphalts are allowed during all months for the following uses and applications: (a) Solely as a penetrating prime coat for aggregate bases prior to paving; (b) For the manufacture of medium-curing patching mixes to provide long-period storage stockpiles used exclusively for pavement maintenance; or (c) For all uses when the National Weather Service forecast of the high temperature during the 24-hour period following application is below 10° C. (50° F.). (3) Rapid curing (RC) grades of cutback asphalt are always prohibited. (4)(a) Use of emulsified asphalts is unrestricted if solvent content is kept at or less than the limits listed below. If these limits are exceeded, then the asphalt shall be classified as medium curing (MC) cutback asphalts, and shall be limited to only the uses permitted by section (2). (Grades of Emulsion Per AASHTO Designation M 208-72 — Maximum Solvent Content by Weight.): (A) CRS-1 — 3%; (B) CRS-2 — 3%; (C) CSS-1 — 3%; (D) CSS-1h — 3%; (E) CMS-2 — 8%; (F) CMS-2h — 8%; (G) CMS-2S —12%. (b) Solvent content is determined by ASTM distillation test D-244. [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 & 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 14-1999, f. & cert. ef. 10-14-99, Renumbered from 340-022-0140 DEQ 4-1993, f. & cert. ef. 3-10-93 DEQ 8-1991, f. & cert. ef. 5-16-91 DEQ 3-1986, f. & ef. 2-12-86 DEQ 23-1980, f. & ef. 9-26-80 DEQ 17-1979, f. & ef. 6-22-79 DEQ 21-1978, f. & ef. 12-28-78