justicedao/ipfs_state_laws huggingface dataset:
340-180-0100 Application for Tax Credit Certificate (1) Any person wishing to obtain a Tax Credit Certificate for an interest rate subsidy on a loan for soil remediation, UST upgrading, and replacement of UST systems containing motor fuel shall submit a written application on a form provided by the Department. (2) The underground storage tank loan interest rate subsidy application shall include all information required under OAR 340-180-0050(1)(a)–(j). (3) Applications which are unsigned or which do not contain the required exhibits (clearly identified) will not be accepted by the Department and will be promptly returned to the applicant for completion. The application will not be considered complete until the requested information is received. The application will be considered to be withdrawn if the applicant fails to submit the requested information within 180 days of the request. (4) Applications which are complete will be accepted by the Department for processing. (5) Within 30 days after the application is complete for processing, the Department will approve or deny the issuance of a Tax Credit Certificate. (6) If, upon review of an application, the Department determines that the application does not meet the requirements of the statutes and rules, the Department shall notify the applicant in writing of this determination. Such notification shall constitute final action by the Department on this application. NOTE: Work qualifying for the Tax Credit Certificate includes: -1- Modification, replacement, and installation of any portion of the UST system containing motor fuel including replacement of paving and structures located immediately over the UST systems. -2- Replacement of an underground storage tank system with an above ground storage tank system that meets existing state and local codes. -3- Installation of the underground portion of any required Stage I vapor recovery system or anticipated future Stage II vapor recovery system. -4- Soil remediation for soil contaminated with motor fuel including replacing excavated soil, paving and structures that are required to be removed during soil remediation. (7) The Department shall have access to books, documents, papers and records held by the applicant which are directly pertinent to qualifying for the tax credit certificate for the purpose of making audit, examination, excerpts and transcripts. The applicant shall maintain these records for three years after the initial loan date. Statutory/Other Authority: ORS 466.706 - 466.995 Statutes/Other Implemented: OL 1989 & Ch. 1071 History: DEQ 13-1990, f. & cert. ef. 3-13-90 DEQ 25-1989(Temp), f. & cert. ef. 10-26-89
340-180-0110 Tax Credit Certificate (1) In accordance with this part, the Department shall issue a tax credit certificate to an applicant who has filed a complete application. (2) Funds collected and deposited into the Underground Storage Tank Compliance and Corrective Action Fund may be used to pay this Oregon income tax credit. The Department will pay to the Oregon Department of Revenue, no less than once each quarter year, all valid income tax credits claimed for interest rate reimbursement by the commercial lending institutions against Underground Storage Tank Tax Credit Certificates. (3) Tax credit certificates shall be issued on a first come first serve basis. The application with the earliest filing date shall receive a tax credit certificate first. (4) The applicant may not assign any right, title, and interest in the tax credit certificate to any person other than a subsequent property owner, tank owner or permittee of the underground storage tank facility. (5) Tax credit certificates shall be valid for 180 days or the termination date shown on the tax credit certificate. Statutory/Other Authority: ORS 466.706 - 466.995 Statutes/Other Implemented: OL 1989 & Ch. 1071 History: DEQ 13-1990, f. & cert. ef. 3-13-90 DEQ 25-1989(Temp), f. & cert. ef. 10-26-89
340-180-0120 Notice of Compliance for Soil Remediation (1) A person wishing to obtain a written notice of compliance for soil remediation shall submit a written application on a form provided by the Department. The application shall include: (a) The name and mailing address of the applicant; (b) The signature of the applicant; (c) The UST facility name and location; (d) The UST permit numbers; (e) The date of the application; (f) The completion date of the soil remediation; (g) Description, including a sketch showing, but not limited to, property boundaries, location of structures, location and identification of tanks including tank contents, and identification of soil assessment sites; and (h) Findings including, but not limited to, results of laboratory tests, soil matrix calculations, and tank tightness tests. (2) Applications which are obviously incomplete, unsigned, or which do not contain the required exhibits (clearly identified) will not be accepted by the department and will be returned to the applicant for completion. (3) Applications which appear complete will be accepted by the department for processing. (4) Within 30 days after receipt, the Department will determine if the facility meets the Department’s cleanup standards and will provide a written determination of compliance. Statutory/Other Authority: ORS 466.706 - 466.995 Statutes/Other Implemented: OL 1989 & Ch. 1071 History: DEQ 13-1990, f. & cert. ef. 3-13-90 DEQ 25-1989(Temp), f. & cert. ef. 10-26-89
340-200-0010 Purpose and Application (1) This division provides general air pollution procedures and definitions that apply to all air quality rules in OAR 340 divisions 200 through 268. (2) Divisions 200 through 268 apply in addition to all other rules adopted by the EQC. In cases of apparent conflict between rules within these divisions, the most stringent rule applies unless otherwise expressly stated. (3) DEQ administers divisions 200 through 268 in all areas of the State of Oregon except when the EQC has designated LRAPA to administer rules within its area of jurisdiction. Subject to, and when provided in divisions 200 through 268, LRAPA is authorized by the EQC as the agency to implement these state rules, and must apply the requirements and procedures contained in these state rules, within its area of jurisdiction. LRAPA may apply any LRAPA rule in lieu of a state rule(s) provided that the LRAPA rule is at least as strict as the state rule(s), LRAPA has submitted the rule to the EQC for its approval, and the EQC has not disapproved the 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 Statutes/Other Implemented: ORS 468 & 468A History: DEQ 7-2015, f. & cert. ef. 4-16-15 DEQ 8-2007, f. & cert. ef. 11-8-07 DEQ 6-2001, f. 6-18-01, cert. ef. 7-1-01 DEQ 14-1999, f. & cert. ef. 10-14-99
340-200-0030 Exceptions (1) Except as provided in section (2), OAR chapter 340 divisions 200 through 268 do not apply to: (a) Agricultural operations, including but not limited to: (A) Growing or harvesting crops; (B) Raising fowl or animals; (C) Clearing or grading agricultural land; (D) Propagating and raising nursery stock; (E) Propane flaming of mint stubble; and (F) Stack or pile burning of residue from Christmas trees, as defined in ORS 571.505, during the period beginning October 1 and ending May 31 of the following year. (b) Equipment used in agricultural operations, except boilers used in connection with propagating and raising nursery stock. (c) Barbecue equipment used in connection with any residence. (d) Heating equipment in or used in connection with residences used exclusively as dwellings for not more than four families, except woodstoves which shall be subject to regulation under OAR 340 divisions 240 and 262, and as provided in ORS 468A.020(1)(d). Emissions from woodstoves can be used to create emission reduction credits in OAR 340 division 268. (e) Fires set or permitted by any public agency when such fire is set or permitted in the performance of its official duty for the purpose of weed abatement, prevention or elimination of a fire hazard, or instruction of employees in the methods of fire fighting, which in the opinion of the agency is necessary. (f) Fires set pursuant to permit for the purpose of instruction of employees of private industrial concerns in methods of fire fighting, or for civil defense instruction. (2) Section (1) does not apply to the extent: (a) Otherwise provided in ORS 468A.555 to 468A.620, 468A.790, 468A.992, 476.380 and 478.960; (b) Necessary to implement the federal Clean Air Act (P.L. 88-206 as amended) under ORS 468A.025, 468A.030, 468A.035, 468A.040, 468A.045 and 468A.300 to 468A.330; or (c) Necessary for the EQC, in the commission’s discretion, to implement a recommendation of the Task Force on Dairy Air Quality created under section 3, chapter 799, Oregon Laws 2007, for the regulation of dairy air contaminant emissions. 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 the agency.] Statutory/Other Authority: ORS 468 & 468A Statutes/Other Implemented: ORS 468A.020 History: DEQ 7-2015, f. & cert. ef. 4-16-15 DEQ 12-2008, f. & cert. ef. 9-17-08 DEQ 14-1999, f. & cert. ef. 10-14-99, Renumbered from 340-020-0003 DEQ 4-1993, f. & cert. ef. 3-10-93 DEQ 37, f. 2-15-72, ef. 3-1-72 DEQ 15, f. 6-12-70, ef. 9-1-70
340-200-0035 Reference Materials As used in divisions 200 through 268, the following materials refer to the versions listed below. (1) "C.F.R." or “CFR” means Code of Federal Regulations and, unless otherwise expressly identified, refers to the July 1, 2025, edition. (2) The DEQ Source Sampling Manual refers to the November 2018 edition. (3) The DEQ Continuous Monitoring Manual refers to the April 2015 edition. NOTE: This rule is included in the State of Oregon Clean Air Act Implementation Plan that EQC adopted under OAR 340-200-0040 with the exception of all references to toxic air contaminants and OAR chapter 340, division 245. [ED. NOTE: To view attachments referenced in rule text, click here to view rule.] Statutory/Other Authority: ORS 468.020 & 468A Statutes/Other Implemented: ORS 468A History: DEQ 27-2025, amend filed 08/18/2025, effective 08/18/2025 DEQ 19-2022, amend filed 11/18/2022, effective 03/01/2023 DEQ 1-2021, amend filed 01/21/2021, effective 01/21/2021 DEQ 2-2019, minor correction filed 01/07/2019, effective 01/07/2019 DEQ 197-2018, amend filed 11/16/2018, effective 11/16/2018 DEQ 53-2017, minor correction filed 12/19/2017, effective 12/19/2017 DEQ 7-2015, f. & cert. ef. 4-16-15
340-200-0050 Compliance Schedules (1) DEQ's goal is to encourage voluntary cooperation of all persons responsible for an air contamination source. To facilitate this cooperation and provide for a progressive program of air pollution control, DEQ may negotiate with such persons to establish a compliance schedule for meeting the requirements contained in the applicable air quality rules or statutes. The schedule will set forth the conditions with which the responsible person must comply. (a) The schedule may be accepted in lieu of a hearing. It must be in writing and signed by the Director of DEQ or his designated officer and an authorized agent of the responsible person. After the schedule is executed by both parties, it must be confirmed by order of DEQ; (b) Compliance schedules providing for final compliance at a date later than 18 months from the date of execution must contain requirements for periodic reporting and increments of progress toward compliance, at intervals of less than 18 months; (c) No compliance schedule may allow emissions on a permanent basis in excess of applicable standards and rules. (2) If a negotiated schedule of compliance cannot be established, DEQ may commence enforcement proceedings as provided by ORS 468.090 or take such other authorized action as may be warranted. Statutory/Other Authority: ORS 468.020 & 468A Statutes/Other Implemented: ORS 468 & 468A History: DEQ 7-2017, f. & cert. ef. 7-13-17 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 340-028-0700 DEQ 19-1993, f. & cert. ef. 11-4-93 DEQ 12-1993, f. & cert. ef. 9-24-93, Renumbered from 340-020-0032 DEQ 4-1993, f. & cert. ef. 3-10-93 DEQ 37, f. 2-15-72, ef. 3-1-72
340-200-0100 Conflicts of Interest: Purpose The purpose of OAR 340-200-0100 through 340-200-0120 is to comply with the requirements of Section 128 of the FCAA regarding public interest representation by a majority of the members of the EQC and by the Director and disclosure by them of potential conflicts of interest. 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.035 & 468A.310 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 340-020-0200 DEQ 4-1993, f. & cert. ef. 3-10-93 DEQ 15-1978, f. & ef. 10-13-78
340-200-0110 Conflicts of Interest: Public Interest Representation At least a majority of the members of the EQC and the Director must represent the public interest and may not derive any significant portion of their respective incomes directly from persons subject in Oregon to permits or enforcement orders under the FCAA. 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: 468A.035 & 468A.310 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 340-020-0210 DEQ 4-1993, f. & cert. ef. 3-10-93 DEQ 15-1978, f. & ef. 10-13-78
340-200-0120 Conflicts of Interest: Disclosure of Potential Conflicts of Interest Each member of the EQC and the Director must disclose any potential conflict of interest. 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.035 & 468A.310 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 340-020-0215 DEQ 4-1993, f. & cert. ef. 3-10-93 DEQ 15-1978, f. & ef. 10-13-78
340-202-0010 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) "Approved method" means an analytical method for measuring air contaminant concentrations described or referenced in 40 CFR part 50 and Appendices. (2) "Oregon standard method" means any method of sampling and analyzing for an air contaminant approved by DEQ. Oregon standard methods are kept on file by DEQ and include all methods described in the DEQ Source Sampling Manual and the DEQ Continuous Monitoring Manual referenced in OAR 340-200-0035(2) and (3), respectively. 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 & 468A.035 History: DEQ 7-2015, f. & cert. ef. 4-16-15 DEQ 5-2011, f. 4-29-11, cert. ef. 5-1-11 DEQ 6-2001, f. 6-18-01, cert. ef. 7-1-01 DEQ 14-1999, f. & cert. ef. 10-14-99, Renumbered from 340-031-0005 DEQ 17-1995, f. & cert. ef. 7-12-95 DEQ 19-1993, f. & cert. ef. 11-4-93, Renumbered from 340-031-0105 DEQ 4-1993, f. & cert. ef. 3-10-93 DEQ 8-1988, f. & cert. ef. 5-19-88 (corrected 9-30-88) DEQ 25-1981, f. & ef. 9-8-81 DEQ 18-1979, f. & ef. 6-22-79 DEQ 37, f. 2-15-72, ef. 3-1-72
340-202-0020 Applicability and Jurisdiction Subject to the requirements in this division and OAR 340-200-0010(3), LRAPA is designated by the EQC to implement the rules in this division within its area of jurisdiction. Statutory/Other Authority: ORS 468.020, 468A.025 & 468A.035 Statutes/Other Implemented: ORS 468A.025, 468A.035 & 468A.135 History: DEQ 7-2015, f. & cert. ef. 4-16-15 DEQ 11-2013, f. & cert. ef. 11-7-13
340-202-0050 Ambient Air Quality Standards: Purpose and Scope of Ambient Air Quality Standards (1) An ambient air quality standard is an established concentration, exposure time, and frequency of occurrence of an air contaminant or multiple contaminants in the ambient air that must not be exceeded. The ambient air quality standards set forth in OAR 340-202-0050 through 340-202-0130 were established to protect both public health and public welfare. (2) Ambient air quality standards are not generally used to determine the acceptability or unacceptability of emissions from a specific source of air contamination. More commonly, the measured ambient air quality is compared with the ambient air quality standards to determine the adequacy or effectiveness of emission standards for all sources in a general area. However, if a source or combination of sources are singularly responsible for a violation of ambient air quality standards in a particular area, it may be appropriate to impose emission standards that are more stringent than those otherwise applied to the class of sources involved. Similarly, proposed construction of new sources or expansions of existing sources, that may prevent or interfere with the attainment and maintenance of ambient air quality standards are grounds for issuing an order prohibiting such proposed construction as authorized by ORS 468A.055 and pursuant to OAR 340-210-0205 through 340-210-0250, and OAR 340-218-0190. No source may 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. (3) In adopting the ambient air quality standards in this division, the EQC recognizes that one or more of the standards are currently being exceeded in certain parts of the state. It is hereby declared to be the policy of the EQC to achieve, by application of a timely but orderly program of pollution abatement, full compliance with ambient air quality standards throughout the state at the earliest possible date. 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.025 & 468A.035 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 340-031-0010 DEQ 4-1993, f. & cert. ef. 3-10-93 DEQ 37, f. 2-15-72, ef. 3-1-72
340-202-0060 Ambient Air Quality Standards: Suspended Particulate Matter Concentrations of the fraction of suspended particulate that is equal to or less than ten microns in aerodynamic diameter in ambient air as measured by an approved method must not exceed: (1) 150 micrograms of PM10 per cubic meter of air as a 24-hour average concentration for any calendar day. This standard is attained when the expected number of days per calendar year with a 24-hour average concentration above 150 micrograms per cubic meter as determined in accordance with Appendix K of 40 C.F.R. 50 is equal to or less than one at any site. Concentrations of the fraction of suspended particulate that is equal to or less than 2.5 microns in aerodynamic diameter in ambient air as measured by an approved method must not exceed: (2) 35 micrograms of PM2.5 per cubic meter of air as a 3-year average of annual 98th percentile 24-hour average values recorded at each monitoring site. This standard is attained when the 3-year average of annual 98th percentile 24-hour average concentrations is equal to or less than 35 micrograms per cubic meter as determined in accordance with Appendix N of 40 C.F.R. 50. (3) 9.0 micrograms of PM2.5 per cubic meter of air as a 3-year average of the annual arithmetic means. This standard is attained when the 3-year average of the arithmetic mean concentrations is equal to or less than 9.0 micrograms per cubic meter as determined in accordance with Appendix N of 40 C.F.R. 50. NOTE: This rule is included in the State of Oregon Clean Air Act Implementation Plan as adopted by the Environmental Quality Commission under OAR 340-200-0040. NOTE: View a PDF of referenced appendices by clicking on "Tables" link below. [ED. NOTE: To view attachments referenced in rule text, click here to view rule.] Statutory/Other Authority: ORS 468 & 468A Statutes/Other Implemented: ORS 468A.025 History: DEQ 27-2025, amend filed 08/18/2025, effective 08/18/2025 DEQ 13-2019, amend filed 05/16/2019, effective 05/16/2019 DEQ 10-2015, f. & cert. ef. 10-16-15 DEQ 5-2011, f. 4-29-11, cert. ef. 5-1-11 DEQ 5-2010, f. & cert. ef. 5-21-10 DEQ 6-2001, f. 6-18-01, cert. ef. 7-1-01 DEQ 14-1999, f. & cert. ef. 10-14-99, Renumbered from 340-031-0015 DEQ 4-1993, f. & cert. ef. 3-10-93 DEQ 24-1991, f. & cert. ef. 11-13-91 DEQ 8-1988, f. & cert. ef. 5-19-88 (corrected 9-30-88) DEQ 37, f. 2-15-72, ef. 3-1-72
340-202-0070 Ambient Air Quality Standards: Sulfur Dioxide Concentrations of sulfur dioxide in ambient air as measured by an approved method for each averaging time must not exceed the following concentrations: (1) Annual average: 10 ppb as a three-year average of annual arithmetic means for any calendar year at any monitoring site as determined by appendix T of 40 C.F.R. part 50, and as measured by the reference method described in appendix A-1 of 40 C.F.R. part 50 or as measured by an equivalent method designated in accordance with 40 C.F.R. part 53. (2) 1-hour average: 75 ppb as a three-year average of the annual 99th percentile of the daily maximum 1-hour average concentrations recorded at any monitoring site as determined by appendix T of 40 C.F.R. part 50, and as measured by a reference method based on appendix A-1 of 40 C.F.R. part 50, or as measured by an equivalent method designated in accordance with 40 C.F.R. part 53. NOTE: This rule is included in the State of Oregon Clean Air Act Implementation Plan that EQC adopted under OAR 340-200-0040. NOTE: View a PDF of referenced EPA Methods by clicking on "Tables" link below. [ED. NOTE: To view attachments referenced in rule text, click here to view rule.] Statutory/Other Authority: ORS 468.020 & 468A Statutes/Other Implemented: ORS 468A.025 & 468A.035 History: DEQ 27-2025, amend filed 08/18/2025, effective 08/18/2025 DEQ 13-2019, amend filed 05/16/2019, effective 05/16/2019 DEQ 7-2015, f. & cert. ef. 4-16-15 DEQ 11-2013, f. & cert. ef. 11-7-13 DEQ 6-2001, f. 6-18-01, cert. ef. 7-1-01 DEQ 14-1999, f. & cert. ef. 10-14-99, Renumbered from 340-031-0020 DEQ 4-1993, f. & cert. ef. 3-10-93 DEQ 24-1991, f. & cert. ef. 11-13-91 DEQ 8-1988, f. & cert. ef. 5-19-88 (corrected 9-30-88) DEQ 37, f. 2-15-72, ef. 3-1-72
340-202-0080 Ambient Air Quality Standards: Carbon Monoxide For comparison to the standard, averaged ambient concentrations of carbon monoxide must be rounded to the nearest integer in parts per million (ppm). Fractional parts of 0.5 or greater must be rounded up. Concentrations of carbon monoxide in ambient air as measured by an approved method, must not exceed: (1) 9 ppm as an eight-hour average concentration more than once per year at any site. (2) 35 ppm as a one-hour average concentration more than once per year at any site. 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 6-2001, f. 6-18-01, cert. ef. 7-1-01 DEQ 14-1999, f. & cert. ef. 10-14-99, Renumbered from 340-031-0025 DEQ 4-1993, f. & cert. ef. 3-10-93 DEQ 24-1991, f. & cert. ef. 11-13-91 DEQ 8-1988, f. & cert. ef. 5-19-88 (corrected 9-30-88) DEQ 37, f. 2-15-72, ef. 3-1-72