justicedao/ipfs_state_laws huggingface dataset:
340-212-0230 Compliance Assurance Monitoring: Deadlines for Submittals (1) Large regulated pollutant-specific emissions units. For all regulated pollutant-specific emissions units with the potential to emit the applicable regulated pollutant in an amount equal to or greater than 100 percent of the amount, in tons per year, required for a source to be classified as a major source, the owner or operator must submit the information required under OAR 340-212-0220 at the following times: (a) The owner or operator must submit information as part of an application for an initial Oregon Title V Operating Permit if, by that date, the application either: (A) Has not been filed; or (B) Has not yet been determined to be complete by DEQ. (b) The owner or operator must submit information as part of an application for a significant permit revision under OAR 340-218-0080, but only with respect to those regulated pollutant-specific emissions units for which the proposed permit revision applies; (c) The owner or operator must submit any information not submitted under the deadlines set forth in subsections (1)(a) and (b) as part of the application for the renewal of an Oregon Title V Operating Permit. (2) Other regulated pollutant-specific emissions units. For all other regulated pollutant-specific emissions units subject to OAR 340-212-0220 through 340-212-0280 and not subject to section (1), the owner or operator must submit the information required under 340-212-0220 as part of an application for a renewal of an Oregon Title V Operating Permit. (3) A permit reopening to require the submittal of information under this rule is not required by OAR 340-218-0200(1)(a)(A). If, however, an Oregon Title V Operating Permit is reopened for cause by EPA or DEQ pursuant to OAR 340-218-0200(1)(a)(C), (D), or (E), the applicable agency may require the submittal of information under this rule for those regulated pollutant-specific emissions units that are subject to OAR 340-212-0200 through 340-212-0280 and that are affected by the permit reopening. (4) Until DEQ approves monitoring plans that satisfy the requirements of OAR 340-212-0200 through 340-212-0280, the owner or operator is subject to the requirements of OAR 340-218-0050(3)(a)(C). Statutory/Other Authority: ORS 468.020 & 468A.310 Statutes/Other Implemented: ORS 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 340-028-1230 DEQ 21-1998, f. & cert. ef. 10-14-98
340-212-0260 Compliance Assurance Monitoring: Quality Improvement Plan (QIP) Requirements (1) Based on the results of a determination made under OAR 340-212-0250(4)(b), the Administrator or DEQ may require the owner or operator to develop and implement a QIP. Consistent with 340-212-0240(3)(c), the Oregon Title V Operating Permit may specify an appropriate threshold, such as an accumulation of exceedances or excursions exceeding 5 percent duration of a regulated pollutant-specific emissions unit's operating time for a reporting period, for requiring the implementation of a QIP. The threshold may be set at a higher or lower percent or may rely on other criteria for purposes of indicating whether a regulated pollutant-specific emissions unit is being maintained and operated in a manner consistent with good air pollution control practices. (2) Elements of a QIP: (a) The owner or operator must maintain a written QIP, if required, and have it available for inspection; (b) The plan initially must include procedures for evaluating the control performance problems and, based on the results of the evaluation procedures, the owner or operator must modify the plan to include procedures for conducting one or more of the following actions, as appropriate: (A) Improved preventive maintenance practices; (B) Process operation changes; (C) Appropriate improvements to control methods; (D) Other steps appropriate to correct control performance; (E) More frequent or improved monitoring, only in conjunction with one or more steps under paragraphs (A) through (D) above. (3) If a QIP is required, the owner or operator must develop and implement a QIP as expeditiously as practicable and notify DEQ if the period for completing the improvements contained in the QIP exceeds 180 days from the date on which the need to implement the QIP was determined. (4) Following implementation of a QIP, upon any subsequent determination pursuant to OAR 340-212-0250(4)(b) the Administrator or DEQ may require that an owner or operator make reasonable changes to the QIP if the QIP is found to have: (a) Failed to address the cause of the control device performance problems; or (b) Failed to provide adequate procedures for correcting control device performance problems as expeditiously as practicable in accordance with good air pollution control practices for minimizing emissions. (5) Implementation of a QIP does not excuse the owner or operator of a source from compliance with any existing emission limitation or standard, or any existing monitoring, testing, reporting or recordkeeping requirement that may apply under federal, state, or local law, or any other applicable requirements under the FCAA. Statutory/Other Authority: ORS 468.020 & 468A.310 Statutes/Other Implemented: ORS 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 340-028-1260 DEQ 21-1998, f. & cert. ef. 10-14-98
340-212-0270 Compliance Assurance Monitoring: Reporting and Recordkeeping Requirements (1) General reporting requirements: (a) On and after the date specified in OAR 340-212-0250(1) by which the owner or operator must conduct monitoring that meets the requirements of 340-212-0200 through 340-212-0280, the owner or operator must submit monitoring reports to DEQ in accordance with 340-218-0050(3)(c); (b) A report for monitoring under OAR 340-212-0200 through 340-218-0280 must include, at a minimum, the information required under 340-218-0050(3)(c) and the following information, as applicable: (A) Summary information on the number, duration and cause, including unknown cause, of excursions or exceedances, as applicable, and the corrective actions taken; (B) Summary information on the number, duration and cause, including unknown cause, for monitor downtime incidents, other than downtime associated with zero and span or other daily calibration checks; and (C) A description of the actions taken to implement a QIP during the reporting period as specified in OAR 340-212-0260. Upon completion of a QIP, the owner or operator must include in the next summary report documentation that the implementation of the plan has been completed and has reduced the likelihood of similar levels of excursions or exceedances occurring. (2) General recordkeeping requirements: (a) The owner or operator must comply with the recordkeeping requirements specified in OAR 340-218-0050(3)(b). The owner or operator must maintain records of monitoring data, performance data, corrective actions taken, any written quality improvement plan required pursuant to 340-212-0260 and any activities undertaken to implement a quality improvement plan, and other supporting information required by 340-212-0200 through 340-212-0280, such as data used to document the adequacy of monitoring, or records of monitoring maintenance or corrective actions; (b) Instead of paper records, the owner or operator may maintain records on alternative media, such as microfilm, computer files, magnetic tape disks, or microfiche, if the use of such alternative media allows for expeditious inspection and review and does not conflict with other applicable recordkeeping requirements. Statutory/Other Authority: ORS 468.020 & 468A.310 Statutes/Other Implemented: ORS 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 340-028-1270 DEQ 21-1998, f. & cert. ef. 10-14-98
340-212-0280 Compliance Assurance Monitoring: Savings Provisions Nothing in OAR 340-212-0200 through 340-212-0280: (1) Excuses the owner or operator of a source from complying with any existing emission limitation or standard, or with any existing monitoring, testing, reporting, or recordkeeping requirement that may apply under federal, state, or local law, or any other applicable requirements under the FCAA. The requirements of OAR 340-212-0200 through 340-212-0280 may not be used to justify the approval of monitoring less stringent than the monitoring required under separate legal authority. Nor are they intended to establish minimum requirements for the purpose of determining the monitoring to be imposed under separate authority under the FCAA, including monitoring in permits issued pursuant to title I of the FCAA. (2) Restricts or abrogates the authority of the Administrator or DEQ to impose additional or more stringent monitoring, recordkeeping, testing, or reporting requirements on any owner or operator of a source under any provision of the FCAA, including but not limited to sections 114(a)(1) and 504(b), or state law, as applicable; (3) Restricts or abrogates the authority of the Administrator or DEQ to take any enforcement action under the FCAA for any violation of an applicable requirement or of any person to take action under section 304 of the FCAA. Statutory/Other Authority: ORS 468.020 & 468A.310 Statutes/Other Implemented: ORS 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 340-028-1280 DEQ 21-1998, f. & cert. ef. 10-14-98
340-214-0005 Applicability and Jurisdiction (1) This division applies in all areas of the state. (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.050 & 468A.135 Statutes/Other Implemented: ORS 468A.025, 468A.050 & 468A.135 History: DEQ 7-2015, f. & cert. ef. 4-16-15
340-214-0010 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) "Large source", as used in OAR 340-214-0300 through 340-214-0350, means any stationary source required to maintain a Title V Operating Permit or whose actual emissions or potential controlled emissions while operating full time at the design capacity are equal to or exceed 100 tons per year of any regulated pollutant other than GHG. (2) "Small source" means any other stationary source that is not a large source and that operates under a basic, general, simple or standard ACDP. 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.050 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
340-214-0100 Reporting: Applicability OAR 340-214-0100 through 340-214-0130 apply to all stationary sources in the state. Stationary source includes portable sources that are required to have permits under division 216. 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.050 Statutes/Other Implemented: ORS 468A.025 & 468A.050 History: DEQ 7-2015, f. & cert. ef. 4-16-15 DEQ 14-1999, f. & cert. ef. 10-14-99, Renumbered from 340-028-0200 DEQ 19-1993, f. & cert. ef. 11-4-93 DEQ 12-1993, f. & cert. ef. 9-24-93
340-214-0110 Reporting: Request for Information All owners or operators of stationary sources must provide any and all information and analysis, including an air quality analysis of the source, that DEQ reasonably requires for the purpose of regulating stationary sources. DEQ will provide the source with a written request to provide such information to DEQ by a reasonable date. Such information may be required on a one-time, periodic, or continuous basis and may include, but is not limited to, information necessary to: (1) Issue a permit and ascertain compliance or noncompliance with the permit terms and conditions; (2) Ascertain applicability of any requirement; (3) Ascertain compliance or noncompliance with any applicable requirement; (4) Determine whether a source’s emissions may cause or contribute to a new exceedance of a National Ambient Air Quality Standard adopted under OAR chapter 340, division 202; and (5) Incorporate monitoring, recordkeeping, reporting, and compliance certification requirements into a permit. [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.050 History: DEQ 19-2022, amend filed 11/18/2022, effective 03/01/2023 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 340-028-0300 DEQ 19-1993, f. & cert. ef. 11-4-93 DEQ 12-1993, f. & cert. ef. 9-24-93
340-214-0114 Reporting: Records; Maintaining and Reporting (1) When notified by DEQ, any person owning or operating a source within the state must keep and maintain written records of the nature, type, and amounts of emissions from such source and other information DEQ may require in order to determine whether the source is in compliance with applicable emission rules, limitations, or control measures. (2) The records must be prepared in the form of a report and submitted to DEQ on an annual, semi-annual, or more frequent basis, as requested in writing by DEQ. Submittals must be filed at the end of the first full period after DEQ’s notification to such persons owning or operating a stationary air contaminant source of these recordkeeping requirements. Unless otherwise required by rule or permit, semi-annual periods are Jan. 1 to June 30, and July 1 to Dec. 31. A more frequent basis for reporting may be required due to noncompliance or if necessary to protect human health or the environment. (3) The required reports must be completed on forms approved by DEQ and submitted within 30 days after the end of the reporting period, unless otherwise authorized by permit. (4) When a due date for submittal falls on a weekend or holiday, the submittal is not due until the next succeeding business day. (5) All reports and certifications submitted to DEQ under OAR chapter 340, division 200 through division 271 must accurately reflect the monitoring, record keeping and other documentation held or performed by the owner or operator. (6) The owner or operator of any source required to obtain a permit under OAR chapter 340, division 216 or 218 must retain records of all required monitoring data and supporting information for a period of at least five years from the date of the monitoring sample, measurement, report, or application. [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.050 & 468A.310 Statutes/Other Implemented: ORS 468A.025, 468A.050 & 468A.310 History: DEQ 19-2022, amend filed 11/18/2022, effective 03/01/2023 DEQ 7-2015, f. & cert. ef. 4-16-15 DEQ 6-2001, f. 6-18-01, cert. ef. 7-1-01, Renumbered from 340-212-0160 DEQ14-1999, f. & cert. ef. 10-14-99, Renumbered from 340-028-1140 DEQ 19-1993, f. & cert. ef. 11-4-93 DEQ 12-1993, f. & cert. ef. 9-24-93, Renumbered from 340-020-0046 DEQ 4-1993, f. & cert. ef. 3-10-93 DEQ 48, f. 9-20-72, cert. ef. 10-1-72 DEQ 44(Temp), f. & cert. ef. 5-5-72
340-214-0120 Reporting: Enforcement Notwithstanding any other provisions contained in any applicable requirement, any credible evidence may be used for the purpose of establishing whether a person has violated or is in violation of any such applicable requirements. Statutory/Other Authority: ORS 468.035 Statutes/Other Implemented: ORS 468.100 History: DEQ 14-1999, f. & cert. ef. 10-14-99, Renumbered from 340-028-0310 DEQ 21-1998, f. & cert. ef. 10-14-98
340-214-0130 Reporting: Information Exempt from Disclosure (1) Pursuant to the provisions of ORS 192.311 to 192.478, all information submitted to DEQ is subject to inspection upon request by any person unless such information is determined to be exempt from disclosure pursuant to section (2) or (3). (2) If an owner or operator claims that any writing, as that term is defined in ORS 192.311, is confidential or otherwise exempt from disclosure, in whole or in part, the owner or operator must comply with the following procedures: (a) The writing must be clearly marked with a request for exemption from disclosure. For a multi-page writing, each page must be so marked. (b) The owner or operator must state the specific statutory provision under which it claims exemption from disclosure and explain why the writing meets the requirements of that provision. (c) For writings that contain both exempt and non-exempt material, the proposed exempt material must be clearly distinguishable from the non-exempt material. If possible, the exempt material must be arranged so that it is placed on separate pages from the non-exempt material. (3) For a writing to be considered exempt from disclosure as a “trade secret,” it must meet all of the following criteria: (a) The information cannot be patented; (b) It must be known only to a limited number of individuals within a commercial concern who have made efforts to maintain the secrecy of the information; (c) It must be information that derives actual or potential economic value from not being disclosed to other persons; (d) It must give its users the chance to obtain a business advantage over competitors not having the information; and (e) It must not be emissions data. [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 192.430, 468.020 & 468A.050 Statutes/Other Implemented: ORS 192.410 - 192.505, 468.020, 468A.025 & 468A.050 History: DEQ 19-2022, amend filed 11/18/2022, effective 03/01/2023 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 340-028-0400 DEQ 22-1996, f. & cert. ef. 10-22-96 DEQ 19-1993, f. & cert. ef. 11-4-93 DEQ 12-1993, f. & cert. ef. 9-24-93
340-214-0200 Emission Statements for VOC and NOx Sources: Purpose and Applicability (1) The purpose of these rules is to obtain data on actual emissions of VOCs and NOx from sources in ozone nonattainment areas, in accordance with FCAA requirements, for the purpose of monitoring progress toward attainment of the ozone ambient air quality standards. (2) OAR 340-214-0200 through 340-214-0220 apply to sources of VOC and NOx in ozone nonattainment areas that have a PSEL equal to or greater than 25 tons per year for either regulated pollutant, or whose actual emissions are equal to or greater than 25 tons per year for either regulated pollutant. (3) For purposes of establishing consistent emission reporting requirements, owners or operators of VOC and NOx sources already subject to Oregon Title V Operating Permit Fees, OAR 340 division 220, and electing to pay fees based on actual emissions must report emission data to DEQ, utilizing procedures identified in those rules to calculate actual VOC and NOx emissions, to the extent applicable. Owners or operators of other sources must use current and applicable emission factors and actual production data to estimate and report actual emissions. 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.050, 468A.070 & 468A.310 Statutes/Other Implemented: ORS 468A.050, 468A.070 & 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 340-028-1500 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 340-020-0450 DEQ 27-1992, f. & cert. ef. 11-12-92
340-214-0210 Emission Statements for VOC and NOx Sources: Requirements (1) Owners or operators of VOC and NOx sources subject to the requirements of OAR 340-214-0200 through 340-214-0220 must submit data annually on the average actual emissions during the ozone season to DEQ. These Emission Statements must contain the following information: (a) Certification that the information contained in the statement is accurate to the best of the certifying individual’s knowledge; (b) Source identification information: full name, physical location, mailing address of the facility, and permit number; and (c) Emissions information: (A) The VOC and NOx actual emissions on an average operating day basis during the preceding year’s ozone season, by source category. For the purpose of this requirement, actual emissions include, but are not limited to routine process emissions, fugitive emissions, excess emissions from maintenance, startups and shutdowns, equipment malfunction, and other activities; and (B) Each emission factor used and the reference source for the emission factor, if applicable, or an explanation of any other method or procedure used to calculate emissions, e.g., material balance, source test, or continuous monitoring. (2) Owners or operators of sources subject to these rules must keep at the plant site records of the information used to calculate actual emissions pursuant to these rules. These records must contain all applicable operating data, process rate data, control device efficiency information, and other information used to calculate or estimate actual emissions. The information must be available for DEQ’s review or submitted upon request. Such records must be kept by the owner or operator for three years after the date of the submittal of the emission statement. 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.050, 468A.070 & 468A.310 Statutes/Other Implemented: ORS 468A.050, 468A.070 & 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 340-028-1510 DEQ 19-1993, f. & cert. ef. 11-4-93 DEQ 12-1993, f. & cert. ef. 9-24-93, Renumbered from 340-020-0470 DEQ 27-1992, f. & cert. ef. 11-12-92
340-214-0220 Emission Statements for VOC and NOx Sources: Submission of Emission Statement The owner or operator of any facility meeting the applicability requirements stated in OAR 340-214-0200 must submit annual Emission Statements to DEQ. The Emission Statement for the preceding calendar year is due to DEQ no later than the due date for the annual permit report specified in the source’s ACDP or Oregon Title V Operating Permit. 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.050, 468A.070 & 468A.310 Statutes/Other Implemented: ORS 468A.050, 468A.070 & 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 340-028-1520 DEQ 22-1995, f. & cert. ef. 10-6-95 DEQ 12-1993, f. & cert. ef. 9-24-93, Renumbered from 340-020-0480 DEQ 27-1992, f. & cert. ef. 11-12-92