justicedao/ipfs_state_laws huggingface dataset:
340-242-0210 Employee Commute Options Program: Can an Existing Employer Comply with ECO Through Restricted Parking Ratios? An employer will be considered to have met the target trip reduction and is exempt from the ECO rules if the employer provides documentation of the following. An employer must submit this documentation with an exemption application to the Department by the deadline for plan or notice submittal and certify that they continue to meet these requirements every two years. Employers meeting the requirements of this rule do not need to conduct a baseline survey of employees. However, employers whose applications are denied must then conduct a baseline survey and submit the findings to the Department within 90 days of notice by the Department. (1) Work site is located in an area with maximum parking ratio requirements at least as stringent as the Department's maximum parking ratios (see OAR 340-242-0300 through 340-242-0390); (2) Free or subsidized all-day parking is generally unavailable within a one-half mile radius of the work site; and (3) If the employer provides free or subsidized parking, including leased parking, above the Department's maximum parking ratio to any employees at the work site (except to employees required to have a vehicle at the work site as a condition of employment), then either: (a) A transportation allowance is offered to those employees provided free or subsidized parking that exceeds the Department's maximum parking ratio. The transportation allowance must be offered in lieu of the free or subsidized parking in an amount equal to or greater than the amount of the subsidy, but not to exceed the maximum allowed for transit by the Internal Revenue Service for the Qualified Transportation Fringe Benefits included under Section 132(F), Notice 94-3 of the tax code; or (b) All employees at the work site are offered a transit subsidy or its equivalent at least equal to 50 percent of the value of a Tri-Met all-zone transit pass. Statutory/Other Authority: ORS 468.020 Statutes/Other Implemented: ORS 468A.363 History: DEQ 3-2007, f. & cert. ef. 4-12-07 DEQ 14-1999, f. & cert. ef. 10-14-99, Renumbered from 340-030-1000 DEQ 17-1996, f. & cert. ef. 8-14-96
340-242-0220 Employee Commute Options Program: What if an Employer Has More Than One Work Site Within the Portland AQMA? (1) An employer with more than one work site in the Portland AQMA may average its target trip reduction among those work sites in the AQMA. An employer must survey all included work sites every two years. Survey findings may be reported in aggregate or separately. (2) One trip reduction plan may be developed for all work sites of an individual employer, but strategies must be selected based on the specific transportation characteristics of each work site. (3) Work sites with 100 or fewer employees may be included in the interest of averaging trip reductions among all work sites. Those work sites must then survey and findings must be included in the employer's report to the Department. Statutory/Other Authority: ORS 468.020 Statutes/Other Implemented: ORS 468A.363 History: DEQ 3-2007, f. & cert. ef. 4-12-07 DEQ 14-1999, f. & cert. ef. 10-14-99, Renumbered from 340-030-1010 DEQ 17-1996, f. & cert. ef. 8-14-96
340-242-0230 Employee Commute Options Program: Can Employers Submit a Joint Plan? Different employers with work sites located near each other and with common transportation needs may develop a joint trip reduction plan for all affected work sites. The plan must address each work site individually and each employer is individually accountable for meeting all ECO requirements. Each employer must report survey findings for each specific work site, and the ten percent trip reduction target applies to each employer’s work sites. Trip reductions may not be averaged among employers. Statutory/Other Authority: ORS 468.020 Statutes/Other Implemented: ORS 468A.363 History: DEQ 14-1999, f. & cert. ef. 10-14-99, Renumbered from 340-030-1020 DEQ 17-1996, f. & cert. ef. 8-14-96
340-242-0240 Employee Commute Options Program: Are There Alternatives to Trip Reduction? Alternatives to trip reduction include: (1) Employers may purchase surplus trip reductions from other employers required to comply with ECO to meet part or all of the target trip reduction. Surplus trips must be documented by survey before sale and must be maintained. The Department must approve proposed transactions prior to finalizing. The Department will confirm surplus trip transactions by letter to both employers. (2) Employers may substitute equivalent emission reductions to meet their target trip reduction. Equivalent emission reduction proposals must be included in the employer's trip reduction plan or submitted with the notice of intent to comply without an approved plan. In order to receive credit as an equivalent emission reduction, the Department must review and approve proposals before an employer implements the strategy. Employers selecting equivalent emission reduction strategies must meet the following requirements: (a) Employer sufficiently documented emission calculations so that the Department can quantify and verify the reduction; (b) Employer calculated equivalent emissions according to guidelines issued by the Department. The Department must approve any alternate or modified calculation methods; (c) Employer submits, on the same schedule as the biennial survey findings, documentation of actual equivalent emissions achieved; (d) Equivalent emission reductions may not be bought or sold between employers for the purpose of meeting the target trip reduction. (3) Employers may contribute to an emission reduction fund at an annual rate of $100 per employee at the work site (see OAR 340-242-0060 to determine count of employees). An employer making partial progress toward the target trip reduction may choose to contribute proportionate to the percentage of the target trip reduction yet to be achieved. The emission reduction fund will be administered through Metro for new transit service, local jurisdiction alternative mode projects, and business-based Transportation Management Association (TMA) programs that result in trip reductions. Employers must make annual payments over the compliance period. The amount will be adjusted annually according to the Consumer Price Index. Statutory/Other Authority: ORS 468.020 Statutes/Other Implemented: ORS 468A.363 History: DEQ 3-2007, f. & cert. ef. 4-12-07 DEQ 14-1999, f. & cert. ef. 10-14-99, Renumbered from 340-030-1030 DEQ 17-1996, f. & cert. ef. 8-14-96
340-242-0250 Employee Commute Options Program: What Alternatives Qualify as Equivalent Emission Reductions? Equivalent emission reduction alternatives at the work site include, but are not limited to, the following: (1) Use of alternative fueled vehicles (employer or employee vehicles); (2) Vehicle scrappage (older high-emitting employee or employer vehicles); (3) Forklift replacement (lower emitting technology); (4) Lawn mower replacement (may include lawn mowers employees use at home if home is located within the Portland AQMA); (5) Motor boat motor replacement (may include motor boats owned by employees who live within the Portland AQMA); (6) Reductions in air pollution emissions from non-vehicle sources at the work site; (7) Reductions in non-commute vehicle traffic to the work site or within the work site. Statutory/Other Authority: ORS 468.020 Statutes/Other Implemented: ORS 468A.363 History: DEQ 14-1999, f. & cert. ef. 10-14-99, Renumbered from 340-030-1040 DEQ 17-1996, f. & cert. ef. 8-14-96
340-242-0260 Employee Commute Options Program: Can Employers Get Credit for Existing Trip Reduction Programs? The Department may grant credits for documented trip reductions that occurred at an employer's work site any time before establishing a baseline auto trip rate. Credits will be granted upon approval by the Department. The Department will approve or deny the employer's request for credit by letter to the employer. If the employer objects to any condition or limitation in that letter, the employer may request a contested case hearing as described in OAR 340-242-0170. (1) Employers must demonstrate that pre-existing trip reduction programs resulted in actual trip reductions by providing: (a) A description of the trip reduction programs and how they were implemented; (b) The period of time that the programs have been in place; (c) Survey findings or comparable documentation that demonstrates a ten percent reduction in the auto trip rate for the work site; and (d) Current survey findings or comparable documentation verifying the employer has maintained the reduced auto trip rate. (2) Applications for credits must be submitted to the Department with the trip reduction plan or notice of intent to reduce trips through participation in an equivalent commute trip reduction program. (3) Credits will not be discounted and will be granted on a one-for-one basis. (4) Trips documented for the purpose of receiving credits may not be bought or sold to other employers for the purpose of meeting the target trip reduction. (5) Alternately, an employer may choose to provide documentation that its single occupant vehicle commute rate, at the time of registration, is equal to or less than two standard deviations below the mean rate for the Metro transportation zone which includes the employer's work site. Commute data for Metro's transportation zones is available from the Department. Statutory/Other Authority: ORS 468.020 Statutes/Other Implemented: ORS 468A.363 History: DEQ 3-2007, f. & cert. ef. 4-12-07 DEQ 14-1999, f. & cert. ef. 10-14-99, Renumbered from 340-030-1050 DEQ 17-1996, f. & cert. ef. 8-14-96
340-242-0270 Employee Commute Options Program: Are Exemptions Allowed if an Employer is Unable to Reduce Trips or Take Advantage of Alternate Compliance Options? (1) An employer is fully exempt from OAR 340-242-0010 through 340-242-0290 if the employer submits reasonable documentation for each of the following: (a) Work site is located in an area for which: (A) Public transit service during work shift changes is less frequent than thirty minute intervals; or (B) The public transit service point is further than one-half mile from employee's usual parking area; or (C) Work shift changes occur between 8:30 p.m. and 5:30 a.m. (b) Upon completing the employee survey and providing reasonable promotion for a carpool matching program, employees indicating a willingness to car/vanpool cannot be matched within the work site or through Tri-Met's carpool matching database or employee turnover rate is greater than 50 percent per year; (c) The nature of employees' work requires them to perform their work at the work site or during specific hours and days, eliminating the possibility of telecommuting or compressed work weeks/hours; and (d) No options exist for the employer to achieve equivalent emission reductions at no net annualized cost to the employer (including both capital and operating costs). (2) Partial exemptions. (a) The Department will grant a partial exemption for that portion of an employer's work force for which sections (1)(a) through (c) of this rule apply; (b) The Department will grant a partial exemption for section (1)(d) of this rule in direct proportion to the remaining work trips to be reduced after quantifying all available equivalent emission reductions. (3) Employers must submit requests for partial or total exemptions to the Department, on application forms provided by the Department, by the deadline for plan or notice submittal. The Department will approve or deny the employer's request for exemption by letter to the employer. If the employer objects to any condition or limitation in that letter, the employer may request a contested case hearing as described in OAR 340-242-0170. (4) Employers must renew requests for exemptions every three years. Statutory/Other Authority: ORS 468.020 Statutes/Other Implemented: ORS 468A.363 History: DEQ 3-2007, f. & cert. ef. 4-12-07 DEQ 14-1999, f. & cert. ef. 10-14-99, Renumbered from 340-030-1060 DEQ 17-1996, f. & cert. ef. 8-14-96
340-242-0280 Employee Commute Options Program: Participation in the Industrial Emission Management Program Employers that donate unused Plant Site Emission Limit (PSEL) to the Department's Industrial Emission Management program (see OAR 340-242-0400 through 340-242-0440) are exempt from the ECO rules. Statutory/Other Authority: ORS 468.020 Statutes/Other Implemented: ORS 468A.363 History: DEQ 3-2007, f. & cert. ef. 4-12-07 DEQ 14-1999, f. & cert. ef. 10-14-99, Renumbered from 340-030-1070 DEQ 17-1996, f. & cert. ef. 8-14-96
340-242-0290 Employee Commute Options Program: What Kind of Records Must Be Kept and for How Long? Employers must maintain records at the work site or other central location within the Air Quality Maintenance Area for at least three years, and must make those records available to the Department upon request. Records must include: (1) The contents and results of employee surveys or other information gathering efforts; (2) A full description of all measures and incentives offered to employees and the associated employee responses; (3) Other information associated with the development, implementation, evaluation, or modification of the trip reduction program. Statutory/Other Authority: ORS 468.020 Statutes/Other Implemented: ORS 468A.363 History: DEQ 3-2007, f. & cert. ef. 4-12-07 DEQ 14-1999, f. & cert. ef. 10-14-99, Renumbered from 340-030-1080 DEQ 17-1996, f. & cert. ef. 8-14-96
340-242-0300 Voluntary Maximum Parking Ratio Program: What is the Voluntary Parking Ratio Program? The Voluntary Parking Ratio Program encourages property owners to voluntarily locate and design facilities that need less parking by building in a more pedestrian, bicycle and transit friendly manner. Statutory/Other Authority: ORS 468.020 Statutes/Other Implemented: ORS 468A.363 History: DEQ 14-1999, f. & cert. ef. 10-14-99, Renumbered from 340-030-1100 DEQ 17-1996, f. & cert. ef. 8-14-96
340-242-0310 Voluntary Maximum Parking Ratio Program: Who Can Participate in the Voluntary Parking Ratio Program? Any property owner constructing a new development or a re-development of an existing site that adds new building floor area and requires new parking spaces in the Portland Air Quality Maintenance Area (AQMA) for the specific land uses defined below in 340-242-0320 Statutory/Other Authority: ORS 468.020 Statutes/Other Implemented: ORS 468A.363 History: DEQ 14-1999, f. & cert. ef. 10-14-99, Renumbered from 340-030-1110 DEQ 17-1996, f. & cert. ef. 8-14-96
340-242-0330 Voluntary Maximum Parking Ratio Program: How Does a Property Owner Comply with the Voluntary Parking Ratio Program? A property owner complies by building no more than the number of parking spaces specified by maximum parking ratios in OAR 340-242-0390 and obtaining a Parking Ratio Permit from the Department. Statutory/Other Authority: ORS 468.020 Statutes/Other Implemented: ORS 468A.363 History: DEQ 14-1999, f. & cert. ef. 10-14-99, Renumbered from 340-030-1120 DEQ 17-1996, f. & cert. ef. 8-14-96
340-242-0340 Voluntary Maximum Parking Ratio Program: What are the Incentives for Complying with the Voluntary Parking Ratio Program? (1) Employers in the development receive an exemption from the Employee Commute Options program in OAR 340-242-0010 through 340-242-0290. (2) Property owners who require other air and water permits from the Department receive priority permit processing. Statutory/Other Authority: ORS 468.020 Statutes/Other Implemented: ORS 468A.363 History: DEQ 14-1999, f. & cert. ef. 10-14-99, Renumbered from 340-030-1130 DEQ 17-1996, f. & cert. ef. 8-14-96
340-242-0350 Voluntary Maximum Parking Ratio Program: Why Do I Need a Parking Ratio Permit? (1) The parking ratio permit formally documents the agreement with the Department to construct parking within the maximum parking ratio and it provides an enforcement mechanism if the property owner builds more parking without the Department’s approval. (2) The parking ratio permit formally exempts applicable employers from the Employee Commute Options rule requirements. (3) The parking ratio permit formally provides priority permit processing for other air and water permits from the Department. Statutory/Other Authority: ORS 468.020 Statutes/Other Implemented: ORS 468A.363 History: DEQ 14-1999, f. & cert. ef. 10-14-99, Renumbered from 340-030-1140 DEQ 17-1996, f. & cert. ef. 8-14-96
340-242-0360 Voluntary Maximum Parking Ratio Program: What is Required to Obtain a Parking Ratio Permit? Any property owner who chooses to limit construction of parking facilities at its site must submit the following information: (1) A completed permit application form; (2) Identification of the proposed land uses in OAR 340-242-0320; (3) A map showing the location of the site; (4) A site plan showing the location of the parking and the total number of parking spaces proposed; (5) Quantification of the gross leasable area and gross floor area of the buildings proposed for the site and the associated parking ratio; (6) Facts about design and location features that will allow the facility to meet the trip demand with less parking. This can be documented by completing the Department’s Parking Ratio Checklist or providing similar documentation. Statutory/Other Authority: ORS 468.020 Statutes/Other Implemented: ORS 468A.363 History: DEQ 14-1999, f. & cert. ef. 10-14-99, Renumbered from 340-030-1150 DEQ 17-1996, f. & cert. ef. 8-14-96
340-242-0370 Voluntary Maximum Parking Ratio Program: How is the Parking Ratio Program Enforced? (1) A Parking Ratio Permit is a written permit in letter form issued by the Department bearing the signature of the Director or his/her designee. (2) The general permitting provisions of Oregon Administrative Rules, chapter 340, division 14 apply (issuance, renewal, denial, suspension), except that OAR 340-014-0025 (public notice requirement) does not apply. (3) An employer is no longer exempt from the ECO rule requirements if the property owner fails to comply with the terms of the Parking Ratio letter permit. Statutory/Other Authority: ORS 468.020 Statutes/Other Implemented: ORS 468A.363 History: DEQ 14-1999, f. & cert. ef. 10-14-99, Renumbered from 340-030-1170 DEQ 17-1996, f. & cert. ef. 8-14-96
340-242-0380 Voluntary Maximum Parking Ratio Program: When Will the Department Act on a Submitted Permit Application? (1) The Department will notify the applicant within 15 days of filing an application if further information is needed or if the application is complete. (2) The Department will grant or deny a letter permit within 45 days of receiving a complete application. Statutory/Other Authority: ORS 468.020 Statutes/Other Implemented: ORS 468A.363 History: DEQ 14-1999, f. & cert. ef. 10-14-99, Renumbered from 340-030-1180 DEQ 17-1996, f. & cert. ef. 8-14-96
340-242-0390 Voluntary Maximum Parking Ratio Program: What are the Applicable Parking Ratios? TABLE 1. [ED. NOTE: To view attachments referenced in rule text, click here to view rule.] Statutory/Other Authority: ORS 468.020 Statutes/Other Implemented: ORS 468A.363 History: DEQ 13-2019, amend filed 05/16/2019, effective 05/16/2019 DEQ 14-1999, f. & cert. ef. 10-14-99, Renumbered from 340-030-1190 DEQ 17-1996, f. & cert. ef. 8-14-96
340-242-0400 Industrial Emission Management Program: Applicability (1) OAR 340-242-0430 through 340-242-0440 apply to all new sources or modifications at existing sources that have increases of VOC or NOx equal to or greater than the SER and are located in the Portland Air Quality Maintenance Area . (2) OAR 340-242-0430 and 340-242-0440 apply to new sources and modifications at existing sources that have increases of CO equal to or greater than the SER and are located within the Portland Metro area or outside the Portland Metro area but that will have a significant impact within the Portland Metro area. NOTE: These rules are included in the State of Oregon Clean Air Act Implementation Plan that EQC adopted under OAR 340-200-0040. Statutory/Other Authority: ORS 468.020 & 468A.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 340-030-0700 DEQ 17-1996, f. & cert. ef. 8-14-96
340-242-0410 Industrial Emission Management Program: Definition of Terms The definitions in OAR 340-200-0020, 340-204-0010 and this rule apply in OAR 340-242-0400 through 340-242-0440. If the same term is defined in this rule and OAR 340-200-0020 or 340-204-0010, the definition in this rule applies in OAR 340-242-0400 through 340-242-0440. (1) "PSEL" means the Plant Site Emission Limit of an individual regulated pollutant specified in an Air Contaminant Discharge Permit or Title V permit issued to a source by DEQ, pursuant to OAR 340 division 216 or 218. (2) "Unused PSEL" means the difference between a source's actual emissions and its permitted level or PSEL in 1990 or 1992, whichever is lower, as determined through DEQ's emission inventory data. (3) "Unused PSEL Donation Source" means any source that voluntarily returned to DEQ unused PSEL, as part of the Unused PSEL Donation Program in OAR 340-242-0420. NOTE: These rules are included in the State of Oregon Clean Air Act Implementation 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 340-030-0710 DEQ 17-1996, f. & cert. ef. 8-14-96
340-242-0420 Industrial Emission Management Program: Unused PSEL Donation Program (1) This program encourages owners or operators of VOC and NOx sources identified in OAR 340-242-0400(1) to donate unused PSEL to DEQ. Under this program, donations can be either permanent or temporary. For a source to participate in this program it must have entered into an agreement with DEQ prior to January 1, 2006. (2) VOC sources donating at least 35 percent of their unused PSEL and NOx sources donating at least 50 percent of their unused PSEL will receive the following incentives and considerations from DEQ for participating in this program: (a) Exemption from the Employee Commute Options (ECO) Program in OAR 340-242-0010 through 340-242-0290 for the duration of the Portland Ozone Maintenance plan; (b) Priority permit processing for any required air quality permit; (c) In accordance with OAR 340-242-0430 and 340-242-0440(1), priority use of up to 50 percent of any remaining growth allowance. This applies only to sources making permanent donations, pursuant to section (3); and (d) Other considerations may be added to the donation agreement on a case-by-case basis, consistent with DEQ's rules and statutes. (3) DEQ will adjust the PSEL of sources providing permanent donations to reflect the emissions donated. Permanent donations will result in adjustment to the source's baseline emission rate and PSEL, consistent with the definition of "major modification" under OAR 340-224-0025 and changes to PSELs required under 340-222-0035. (4) Sources participating in this program must enter into a donation agreement with DEQ that identifies the commitments of both parties. Any such agreement is legally binding and enforceable. NOTE: These rules are included in the State of Oregon Clean Air Act Implementation Plan that EQC adopted under OAR 340-200-0040. Statutory/Other Authority: ORS 468.020, 468A.025 & 468A.040 Statutes/Other Implemented: ORS 468A.025 & 468A.040 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 340-030-0720 DEQ 17-1996, f. & cert. ef. 8-14-96