justicedao/ipfs_state_laws huggingface dataset:
340-223-0100 Screening Methodology for Sources for Round II of Regional Haze (1) The following sources are subject to the requirements of round II of regional haze, contained in OAR 340-223-0110 to OAR 340-223-0130: (a) Stationary sources with a Title V operating permit; and (b) That have a Q/d, as determined as provided in subsection (2), of greater than or equal to 5.00. (2) To determine Q/d, DEQ shall calculate: (a) A “Q” factor by adding the plant site emission limits for round II regional haze pollutants as stated in the permit for that source as of December 31, 2017; (b) A “d” factor by determining the source’s physical distance to the closest Class 1 area in Oregon or an adjacent state in kilometers, measured in a straight line from the source to the nearest boundary of a Class I area; and (c) The ratio of Q divided by d for that source. [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 & 468A Statutes/Other Implemented: ORS 468A.025 History: DEQ 14-2021, adopt filed 07/26/2021, effective 07/26/2021
340-223-0120 Four Factor Analysis (1) A four factor analysis is an emissions control analysis that shall include: (a) All emissions units for the source; and (b) Information sufficient to determine, at each emissions unit: (A) The costs of any and all controls that could be used to reduce round II regional haze pollutants, including an estimate of the cost per ton of each round II regional haze pollutant reduced and all control technologies in use by similar emission units, either at that source or at other sources or locations; (B) How soon the source believes it would be practicable to install to install controls identified under paragraph (A); (C) The energy and non-air quality environmental impacts of installing controls identified under paragraph (A); and (D) The remaining useful life of each emissions unit. (2) If DEQ determines that the four factor analysis is inaccurate, inadequate, or insufficient, DEQ may request in writing additional information from the source and may adjust the four factor analysis based on any information submitted or may adjust the four factor analysis based on other information DEQ determines to be accurate, adequate, and sufficient. DEQ shall place any information submitted or relied on under this subsection into its record. (3) DEQ may adjust information in the four factor analysis to assist DEQ in conducting a consistent review of submittals. DEQ shall place any information relied on under this subsection into its record. (4) DEQ shall review the four factor analysis and any additional information that DEQ has placed in the agency record under subsections (2) and (3) to determine which controls, if any, would be cost effective to reduce round II regional haze pollutants for each emissions unit at a source and to determine what is the fastest practicable timeline for installation of the identified controls. In no event shall the timeline determined to be practicable be later than July 31, 2026. (a) A control is cost effective if DEQ determines that the control will result in a cost of $10,000 or less per ton of reductions for any single or combination of round II regional haze pollutants. (b) If multiple controls are cost effective at an emissions unit, DEQ shall identify as cost effective the control that will result in the greatest emissions reduction at the emissions unit. [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 & 468A Statutes/Other Implemented: ORS 468A.025 History: DEQ 14-2021, adopt filed 07/26/2021, effective 07/26/2021
340-223-0130 Final Orders Ordering Compliance with Round II of Regional Haze (1) For all sources identified in OAR 340-223-0100(1) that do not enter into a stipulated agreement and final order under OAR 340-223-0110(2), DEQ shall issue a final order no later than August 9, 2021, identifying: (a) The action that shall be taken by the source pursuant to OAR 340-223-0110(1), as well any monitoring, recordkeeping, reporting, or other requirements that DEQ determines are necessary to ensure any controls or emission limits are actually implemented and are enforceable. (b) The timeline under which the source shall complete the action in paragraph (a). (2) The order issued under subsection (1) shall: (a) Be a contested case order issued in compliance with ORS chapter 183; (b) Be incorporated into the source’s Title V permit in compliance with OAR 340-218-0200(1)(a)(A) or upon permit renewal. (3) Notwithstanding OAR 340-011-0530(1), a party wishing to request a contested case hearing must do so in writing within ten days of the date of service of the order issued under subsection (1). (4) In accordance with OAR 340-011-0530(2), due to the complexity of the regional haze program, the request for hearing based on an order issued under subsection (1) must include a written response that admits or denies all factual matters alleged in the notice, and alleges any and all affirmative defenses and the reasoning in support thereof. Due to the complexity, factual matters not denied will be considered admitted, and failure to raise a defense will be a waiver of the defense. New matters alleged in the request for hearing are denied by DEQ unless admitted in subsequent stipulation. (5) DEQ shall refer all hearing requests received under subsection (3) to the Office of Administrative Hearings within five business days of receipt of the request. The cases shall be heard on an expedited timeline to the greatest extent practicable. All reasonable efforts shall be made for DEQ or the EQC to issue a final order within 90 days of receipt of the hearing request. [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 & 468A Statutes/Other Implemented: ORS 468A.025 History: DEQ 14-2021, adopt filed 07/26/2021, effective 07/26/2021
340-224-0020 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. 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 Statutes/Other Implemented: ORS 468A History: DEQ 7-2015, f. & cert. ef. 4-16-15 DEQ 14-1999, f. & cert. ef. 10-14-99
340-224-0034 Exemptions Temporary emission sources that would be in operation at a site for less than two years, such as pilot plants and portable facilities, and emissions resulting from the construction phase of a source subject to Major NSR or Type A State NSR must comply with only the control technology requirements in the applicable section, but are exempt from the remaining requirements of the applicable sections provided that the source subject to Major NSR or Type A State NSR would not impact a Class I area or an area with a known violation of a ambient air quality standard or a PSD increment. NOTE: This rule was moved verbatim from OAR 340-224-0080 and amended on 04-16-15. Previous rule history for OAR 340-224-0080: DEQ 25-1981, f. & ef. 9-8-81; DEQ 4-1993, f. & cert. ef. 3-10-93; DEQ 12-1993, f. & cert. ef. 9-24-93; Renumbered from 340-020-0250; DEQ 19-1993, f. & cert. ef. 11-4-93; DEQ 22-1995, f. & cert. ef. 10-6-95; DEQ 14-1999, f. & cert. ef. 10-14-99, Renumbered from 340-028-1950; DEQ 6-2001, f. 6-18-01, cert. ef. 7-1-01; DEQ 1-2004, f.& cert. ef. 4-14-04 NOTE: This rule is included in the State of Oregon Clean Air Act Implementation Plan that EQC adopted under OAR 340-020-0040. Statutory/Other Authority: ORS 468.020, 468A.025, 468A.035, 468A.040, 468A.050, 468A.055 & 468A.070 Statutes/Other Implemented: ORS 468A History: Renumbered from 340-224-0080 by DEQ 7-2015, f. & cert. ef. 4-16-15 DEQ 1-2004, f. & cert. ef. 4-14-04 DEQ 6-2001, f. 6-18-01, cert. ef. 7-1-01 DEQ 14-1999, f. & cert. ef. 10-14-99, Renumbered from 340-028-1950 DEQ 22-1995, f. & cert. ef. 10-6-95 DEQ 19-1993, f. & cert. ef. 11-4-93 DEQ 12-1993, f. & cert. ef. 9-24-93, Renumbered from 340-020-0250 DEQ 4-1993, f. & cert. ef. 3-10-93 DEQ 25-1981, f. & ef. 9-8-81
340-224-0038 Fugitive and Secondary Emissions For sources subject to Major NSR or Type A State NSR, fugitive emissions are included in the calculation of emission rates of all air contaminants. Fugitive emissions are subject to the same control requirements and analyses required for emissions from identifiable stacks or vents. Secondary emissions are not included in calculations of potential emissions that are made to determine if a source or modification is subject to Major or Type A State NSR. Once a source is subject to Major or Type A State NSR, secondary emissions also become subject to the air quality impact analysis requirements in this division and OAR 340 division 225. 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.035, 468A.040, 468A.050, 468A.055 & 468A.070 Statutes/Other Implemented: ORS 468 History: DEQ 7-2015, f. & cert. ef. 4-16-15
340-224-0040 Review of Sources Subject to Major NSR or Type A State NSR for Compliance With Regulations The owner or operator of a source subject to Major NSR or Type A State NSR must demonstrate the ability of the source to comply with all applicable air quality requirements of 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, 468A.035, 468A.040, 468A.050, 468A.055 & 468A.070 Statutes/Other Implemented: ORS 468A History: DEQ 7-2015, f. & cert. ef. 4-16-15 DEQ 6-2001, f. 6-18-01, cert. ef. 7-1-01 DEQ 14-1999, f. & cert. ef. 10-14-99, Renumbered from 340-028-1920 DEQ 26-1996, f. & cert. ef. 11-26-96 DEQ 12-1993, f. & cert. ef. 9-24-93, Renumbered from 340-020-0235 DEQ 4-1993, f. & cert. ef. 3-10-93 DEQ 25-1981, f. & ef. 9-8-81
340-224-0045 Requirements for Sources in Sustainment Areas Within a designated sustainment area, a source subject to Major NSR must meet the requirements listed below for each sustainment pollutant: (1) OAR 340-224-0070; and (2) Net Air Quality Benefit: Satisfy OAR 340-224-0510 and 340-224-0520 for ozone sustainment areas or 340-224-0510 and 340-224-0530(2) and (4) for non-ozone sustainment areas, whichever is applicable, unless the source can demonstrate that the impacts are less than the significant impact levels at all receptors within the sustainment area. 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.035, 468A.040, 468A.050, 468A.055 & 468A.070 Statutes/Other Implemented: ORS 468A History: DEQ 7-2015, f. & cert. ef. 4-16-15
340-224-0055 Requirements for Sources in Reattainment Areas Within a designated reattainment area, a source subject to Major NSR must meet the requirements listed below for each reattainment pollutant: (1) OAR 340-224-0050, treating the reattainment pollutant as a nonattainment pollutant for that rule; and (2) The owner or operator must demonstrate that it will not cause or contribute to a new violation of an ambient air quality standard or PSD increment in OAR 340 division 202 by conducting the analysis under 340-225-0050. 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.035, 468A.040, 468A.050, 468A.055 & 468A.070 Statutes/Other Implemented: ORS 468A History: DEQ 7-2015, f. & cert. ef. 4-16-15
340-224-0250 State New Source Review: Requirements for Sources in Nonattainment Areas Within a designated nonattainment area, a source subject to State NSR must meet the following requirements for each nonattainment pollutant: (1) If the increase in emissions is the result of a major modification, the owner or operator must apply BACT under OAR 340-224-0070(2). (2) Air Quality Protection: (a) Air Quality Analysis: An air quality analysis is not required except that the owner or operator of a federal major source must comply with OAR 340-225-0050(4) and 340-225-0070. (b) Net Air Quality Benefit: The owner or operator of the source must satisfy the requirements of paragraph (A), (B), or (C), as applicable: (A) For ozone nonattainment areas, OAR 340-224-0510 and 340-224-0520; (B) For sources located in non-ozone nonattainment areas, that will emit 100 tons per year or more of the nonattainment pollutant, OAR 340-224-0510 and 340-224-0530(2) and (4); (C) For sources located in non-ozone nonattainment areas, that will emit less than 100 tons per year of the nonattainment pollutant, OAR 340-224-0510 and 340-224-0530(3) and (4). (3) Sources Impacting Other Designated Areas: The owner or operator of any source that will have a significant impact on air quality in a designated area other than the one the source is locating in must also meet the following requirements, as applicable: (a) The owner or operator of any source that emits an ozone precursor (VOC or NOx) at or above the SER over the netting basis is considered to have a significant impact if located within 100 kilometers of a designated ozone area, and must also meet the requirements for demonstrating net air quality benefit under OAR 340-224-0510 and 340-224-0520 for ozone designated areas. (b) The owner or operator of any source that emits any criteria pollutant, other than NOx as an ozone precursor, at or above the SER over the netting basis and has an impact equal to or greater than the Class II SIL on another designated area must also meet the requirements for demonstrating net air quality benefit under OAR 340-224-0510 and 340-224-0540 for designated areas other than ozone designated areas. 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.035, 468A.040, 468A.050, 468A.055 & 468A.070 Statutes/Other Implemented: ORS 468A History: DEQ 7-2015, f. & cert. ef. 4-16-15
340-224-0255 State New Source Review: Requirements for Sources in Reattainment Areas Within a designated reattainment area, a source subject to State NSR must comply with the requirements in OAR 340-224-0260 for each reattainment pollutant treating the reattainment pollutant as a maintenance pollutant for that rule, except that 340-224-0260(2)(b)(C) and (4) are not applicable unless DEQ has approved a contingency plan for the reattainment area. 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.035, 468A.040, 468A.050, 468A.055 & 468A.070 Statutes/Other Implemented: ORS 468A History: DEQ 7-2015, f. & cert. ef. 4-16-15
340-224-0270 State New Source Review: Requirement for Sources in Attainment and Unclassified Areas Within a designated attainment or unclassified area, a source subject to State NSR must meet the following requirements for each attainment pollutant: (1) Air Quality Protection: (a) Air Quality Analysis: The owner or operator of the source must comply with OAR 340-225-0050(1) and (2) and 340-225-0060 for each regulated pollutant other than GHGs for which emissions will exceed the netting basis by the SER or more due to the proposed source or modification. (b) For increases of direct PM2.5 or PM2.5 precursors equal to or greater than the SER, the owner or operator of the source must provide an analysis of PM2.5 air quality impacts based on all increases of direct PM2.5 and PM2.5 precursors. (c) The owner or operator of a federal major source must comply with OAR 340-225-0050(4) and 340-225-0070. (d) The owner or operator of the source must demonstrate that it will not cause or contribute to a new violation of an ambient air quality standard or PSD increment even if the single source impact is less than the significant impact level under OAR 340-225-0050(1). (2) Sources Impacting Other Designated Areas: The owner or operator of any source that will have a significant impact on air quality in a designated area other than the one the source is locating in must also meet the following requirements, as applicable: (a) The owner or operator of any source that emits an ozone precursor (VOC or NOx) at or above the SER over the netting basis is considered to have a significant impact if located within 100 kilometers of a designated ozone area, and must also meet the requirements for demonstrating net air quality benefit under OAR 340-224-0510 and 340-224-0520 for ozone designated areas. (b) The owner or operator of any source that emits any criteria pollutant, other than NOx as an ozone precursor, at or above the SER over the netting basis and has an impact equal to or greater than the Class II SIL on another designated area must also meet the requirements for demonstrating net air quality benefit under OAR 340-224-0510 and 340-224-0540 for designated areas other than ozone designated areas. 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.035, 468A.040, 468A.050, 468A.055 & 468A.070 Statutes/Other Implemented: ORS 468A History: DEQ 7-2015, f. & cert. ef. 4-16-15
340-224-0500 Net Air Quality Benefit Emission Offsets: Net Air Quality Benefit for Sources Locating Within or Impacting Designated Areas OAR 340-224-0510 through 340-224-0540 are the requirements for demonstrating net air quality benefit using offsets. NOTE: This rule is included in the State of Oregon Clean Air Act Implementation Plan that EQC adopted under OAR 340-020-0040. Statutory/Other Authority: ORS 468.020, 468A.025, 468A.035, 468A.040, 468A.050, 468A.055 & 468A.070 Statutes/Other Implemented: ORS 468A History: DEQ 7-2015, f. & cert. ef. 4-16-15
340-224-0510 Net Air Quality Benefit Emission Offsets: Common Offset Requirements The purpose of these rules is to demonstrate reasonable further progress toward achieving or maintaining the ambient air quality standards for sources locating within or impacting designated areas. A source may make such demonstration by providing emission offsets to balance the level of projected emissions by the source at the applicable ratios described in this division. (1) Unless otherwise specified in the rules, offsets required under this rule must meet the requirements of OAR 340 division 268, Emission Reduction Credits. (2) Except as provided in section (3), the emission reductions used as offsets must be of the same type of regulated pollutant as the emissions from the new source or modification. Sources of PM10 must be offset with particulate in the same size range. (3) Offsets for direct PM2.5 may be obtained from NO2 and SO2 emissions as precursors to secondary PM2.5. The interpollutant trading ratios for these emissions will be approved by DEQ on a case by case basis. Offsets for SO2 and NO2 emissions from direct PM2.5 emissions will be determined in the same manner. (4) Offset ratios specified in these rules are the minimum requirement. All offsets obtained by a source, including any that exceed the minimum requirement, may be used for the purpose of OAR 340-224-0530(4). (5) Emission reductions used as offsets must meet at least one of the following criteria: (a) They must be equivalent to the emissions being offset in terms of short term, seasonal, and yearly time periods to mitigate the effects of the proposed emissions; or (b) They must address the air quality problem in the area, such as but not limited to woodstove replacements to address winter-time exceedances of short term PM2.5 standards. (6) If the complete permit application or permit that is issued based on that application is amended due to changes to the proposed project, the owner or operator may continue to use the original offsets and any additional offsets that may become necessary for the project provided that the changes to the project do not result in a change to the two digit Standard Industrial Classification (SIC) code associated with the source and that the offsets will continue to satisfy the offset criteria. NOTE: This rule, except section (3), is included in the State of Oregon Clean Air Act Implementation Plan that EQC adopted under OAR 340-020-0040. Statutory/Other Authority: ORS 468.020, 468A.025, 468A.035, 468A.040, 468A.050, 468A.055 & 468A.070 Statutes/Other Implemented: ORS 468A History: DEQ 7-2015, f. & cert. ef. 4-16-15
340-224-0540 Net Air Quality Benefit Emission Offsets: Sources in a Designated Area Impacting Other Designated Areas (1) When directed by the Major and State NSR rules, the owner or operator of a source locating outside, but impacting any designated area other than an attainment or unclassified area must meet one of the following requirements: (a) Obtain offsets sufficient to reduce impacts to less than the Class II SIL at all receptors within the designated area as demonstrated using an air quality analysis under OAR 340 division 225; or (b) Meet the following Net Air Quality Benefit requirements for the designated area that is impacted by the source, as applicable: (A) For sources subject to Major NSR for the pollutant for which the area is designated: (i) A source impacting a sustainment area must meet the requirements of OAR 340-224-0045(2); (ii) A source impacting a nonattainment area must meet the requirements of OAR 340-224-0050(2)(b); (iii) A source impacting a reattainment area must meet the requirements of OAR 340-224-0050(2)(b), treating the reattainment pollutant as a nonattainment pollutant for that rule; or (iv) A source impacting a maintenance area must meet the requirements of OAR 340-224-0060(2). (B) For sources subject to State NSR for the pollutant for which the area is designated: (i) A source impacting a sustainment area must meet the requirements of OAR 340-224-0245(1)(b); (ii) A source impacting a nonattainment area must meet the requirements of OAR 340-224-0250(2)(b); (iii) A source impacting a reattainment area must meet the requirements of OAR 340-224-0260(2)(b) treating the reattainment pollutant as a maintenance pollutant for that rule; or (iv) A source impacting a maintenance area must meet the requirements of OAR 340-224-0260(2)(b). (2) When directed by the Major and State NSR rules, sources impacting any attainment and unclassified areas, but not directly subject to OAR 340-224-0070 or 340-224-0270, must comply with 340-225-0050(1) and (2) for each regulated pollutant, other than GHGs, for which emissions will exceed the netting basis by the SER or more due to the proposed source or modification. NOTE: This rule is included in the State of Oregon Clean Air Act Implementation Plan that EQC adopted under OAR 340-020-0040. Statutory/Other Authority: ORS 468.020, 468A.025, 468A.035, 468A.040, 468A.050, 468A.055 & 468A.070 Statutes/Other Implemented: ORS 468A History: DEQ 7-2015, f. & cert. ef. 4-16-15
340-225-0010 Purpose and Jurisdiction (1) This division contains the definitions and requirements for air quality analysis. This division does not apply unless a rule in another division refers to this division or a rule in this division. For example, division 224, New Source Review, refers to provisions in this division for specific air quality analysis requirements. (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. 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 Statutes/Other Implemented: ORS 468A History: DEQ 7-2015, f. & cert. ef. 4-16-15 DEQ 6-2001, f. 6-18-01, cert. ef. 7-1-01