justicedao/ipfs_state_laws huggingface dataset:
340-239-0200 Compliance Standards When required as provided in OAR 340-239-0100 through 340-239-0800, the owner or operator of a landfill must comply with this rule. (1) Surface Emission Methane Concentration Limits. Except as provided in OAR 340-239-0110(4), 340-239-0110(5), 340-239-0300, and 340-239-0600(1), beginning August 1, 2022, or upon commencing operation of a newly installed gas collection and control system or modification of an existing gas collection and control system pursuant to OAR 340-239-0110(1), whichever is later, no location on the landfill surface may exceed either of the following methane concentration limits: (a) 500 ppmv, other than nonrepeatable, momentary readings, as determined by instantaneous surface emissions monitoring conducted in accordance with OAR 340-239-0800(3)(b); (b) An average methane concentration limit of 25 ppmv as determined by integrated surface emissions monitoring conducted in accordance with OAR 340-239-800(3)(c). (2) Wellhead Gauge Pressure Requirement: Each landfill gas collection and control system wellhead must be operated under a negative pressure without causing air infiltration , except as provided in OAR 340-239-0110(4) and 340-239-110(5), or under any of the following conditions: (a) Use of a geomembrane or synthetic cover. The owner or operator must develop acceptable pressure limits for the wellheads and include them in the Design Plan; (b) A decommissioned well. A well may experience a static positive pressure after shut down to accommodate for declining flows; or (c) A fire or increased well temperature. The owner or operator must record instances when positive pressure occurs in efforts to avoid a fire. These records must be submitted with the semi-annual reports as provided in OAR 340-239-700(3)(c). (3) Wellhead Temperature Requirement: (a) Each landfill gas collection and control system interior wellhead in the collection system must be operated with a landfill gas temperature less than 62.8 degrees Celsius (145 degrees Fahrenheit). (b) The landfill owner or operator may request a higher operating temperature value at a particular well. A higher operating value demonstration must be submitted to DEQ for approval and must include supporting data demonstrating that the elevated parameter neither causes fires nor significantly inhibits anaerobic decomposition by killing methanogens. The demonstration must satisfy both criteria in order to be approved (i.e., it is only acceptable if it neither causes fires nor kills methanogens). Statutory/Other Authority: ORS 468.020, ORS 468A.025, ORS 468A.040 & ORS 468A.050 Statutes/Other Implemented: ORS 468A.025, ORS 468A.040 & ORS 468A.050 History: DEQ 16-2021, adopt filed 10/04/2021, effective 10/04/2021
340-239-0300 Construction Activities The requirements of OAR 340-239-0200 do not apply to the working face of the landfill or to areas of the landfill surface where the landfill cover material has been removed and solid waste has been exposed for the purpose of installing, expanding, replacing, or repairing components of the landfill gas, leachate, or gas condensate collection and removal system, for conducting a remedial action, or for law enforcement activities requiring excavation; as long as these areas are kept to the minimum size and time duration as possible. Statutory/Other Authority: ORS 468.020, ORS 468A.025, ORS 468A.040 & ORS 468A.050 Statutes/Other Implemented: ORS 468A.025, ORS 468A.040 & ORS 468A.050 History: DEQ 16-2021, adopt filed 10/04/2021, effective 10/04/2021
340-239-0500 Alternative Compliance Options (1) The owner or operator of a landfill may request alternatives to the compliance measures, monitoring requirements, test methods and procedures of OAR 340-239-0110, 340-239-0600, and 340-239-0800. Any alternatives requested by the owner or operator of a landfill must be submitted in writing to DEQ and receive written approval from DEQ before they may be implemented. Alternative compliance option requests may include, but are not limited to, the following: (a) Semi-continuous (batch) operation of the gas collection and control system due to insufficient landfill gas flow rates; (b) Alternative wind speed requirements for landfills consistently having winds in excess of the limits specified in this division; (c) Alternative walking patterns to address potential safety and other issues, such as: steep or slippery slopes, monitoring instrument obstructions, and physical obstructions; (d) Exclusion of construction areas and other dangerous areas from landfill surface inspection; and (e) Exclusion of paved roads that do not have any cracks, pot holes, or other penetrations from landfill surface inspection. (2) The owner or operator of a landfill seeking to use an alternative compliance option pursuant to this rule must provide information satisfactory to DEQ demonstrating that: (a) Off-site migration of landfill gas is being, and will be, effectively controlled; and (b) The proposed alternatives provide an equivalent level of methane emission control, as compared with the methane controls that would have been required of the owner or operator of the landfill under OAR 340-239-0110, 340-239-0600 and 340-239-0800, as applicable. DEQ may not approve use of an alternative compliance option unless it determines the proposed alternative will provide an equivalent level of methane emission control and effectively control off-site migration of landfill gas. Statutory/Other Authority: ORS 468.020, ORS 468A.025, ORS 468A.040 & ORS 468A.050 Statutes/Other Implemented: ORS 468A.025, ORS 468A.040 & ORS 468A.050 History: DEQ 16-2021, adopt filed 10/04/2021, effective 10/04/2021
340-240-0010 Purpose The purpose of this division is to address the air quality control needs of the Medford-Ashland AQMA and Grants Pass UGB (OAR 340-240-0100 through 340-240-0270), the La Grande UGB (340-240-0300 through 340-240-0360, the Lakeview UGB (340-240-0400 through 340-240-0440), and the Klamath Falls Maintenance Area (340-240-0500 through 340-240-0630). [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 & 468A.035 History: DEQ 6-2024, amend filed 05/24/2024, effective 05/24/2024 DEQ 7-2015, f. & cert. ef. 4-16-15 DEQ 10-2012, f. & cert. ef. 12-11-12 DEQ 14-1999, f. & cert. ef. 10-14-99, Renumbered from 340-030-0005 DEQ 4-1993, f. & cert. ef. 3-10-93 DEQ 23-1991, f. & cert. ef. 11-13-91 DEQ 22-1989, f. & cert. ef. 9-26-89 DEQ 4-1978, f. & ef. 4-7-78
340-240-0020 Emission Limitations Emission limitations established herein and stated in terms of pounds per 1,000 square feet of production are to be computed on an hourly basis using the maximum 8 hour production capacity of the plant. 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.070 Statutes/Other Implemented: ORS 468A.025 & 468A.070 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 340-030-0007 DEQ 3-1996, f. & cert. ef. 1-29-96
340-240-0050 Compliance Testing Requirements (1) For demonstrating compliance with the standards in this division, testing must be done in accordance with the DEQ Source Sampling Manual. (2) For demonstrating compliance with particulate standards, testing must be conducted using the following test methods, or alternative methods approved by DEQ: (a) For wood waste boilers — DEQ Method 5. Results must be corrected to 12% CO2, as follows (A) C(12% CO2) = C x 12/%CO2 (B) As used in paragraph (A): C(12%CO2) = Particulate matter emission concentration corrected to 12% CO2; C = Particulate matter emission concentration as measured by Oregon DEQ Method 5; and % CO2 = Percent CO2 in the exhaust gas, as measured by EPA Method 3 (or equivalent) during each particulate matter test run. (b) For veneer dryers, wood material dryers, press and other process vents — DEQ Method 7; and (c) For air conveying systems — DEQ Method 5 or 8. (3) For demonstrating compliance with opacity standards, observations must be made in accordance with EPA Method 9 or continuous opacity monitoring systems certified in accordance with the DEQ Continuous Monitoring Manual. [NOTE: This rule is included in the State of Oregon Clean Air Act Implementation Plan that EQC adopted under OAR 340-200-0040.] [NOTE: The DEQ Source Sampling and Continuous Monitoring Manuals are published with OAR 340-200-0035.] [NOTE: View a PDF of 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.025 & 468A.070 Statutes/Other Implemented: ORS 468A.025 & 468A.070 History: DEQ 13-2019, amend filed 05/16/2019, effective 05/16/2019 DEQ 7-2015, f. & cert. ef. 4-16-15
340-240-0100 Medford-Ashland Air Quality Maintenance Area and Grants Pass Urban Growth Area: Applicability OAR 340-240-0100 through 340-240-0250 apply in the Medford-Ashland Air Quality Maintenance Area (AQMA) and the Grants Pass Urban Growth Area (Area), except that OAR 340-240-0130, 340-240-0180, and 340-240-0190 apply only in the Medford-Ashland AQMA. 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 & 468A.035 History: DEQ 7-2015, f. & cert. ef. 4-16-15 DEQ 1-2005, f. & cert. ef. 1-4-05 DEQ 14-1999, f. & cert. ef. 10-14-99, Renumbered from 340-030-0012 DEQ 4-1993, f. & cert. ef. 3-10-93 DEQ 23-1991, f. & cert. ef. 11-13-91
340-240-0110 Medford-Ashland Air Quality Maintenance Area and Grants Pass Urban Growth Area: Wood Waste Boilers (1) No person may cause or permit the emission of particulate matter from any boiler with a heat input capacity greater than 35 million Btu/hour unless the boiler has been equipped with emission control devices which: (a) Limits emissions of particulate matter to LAER as defined by DEQ at the time DEQ approves the control device; and (b) Limits visible emissions such that opacity does not exceed 5% as a six minute average, unless the permittee demonstrates by source test that emissions can be limited to LAER at higher visible emissions, but in no case may emissions equal or exceed 10% opacity as a six minute average. Specific opacity limits will be included in the permit for each affected source. (2) For boilers existing in the baseline period with a heat input capacity greater than 35 million Btu/hour, boiler mass emission limits for the purpose of establishing the facility's netting basis under OAR 340-222-0046 will be based on particulate matter emissions of 0.030 grains per dry standard cubic foot, corrected to 12% CO2. (3) Rebuilt Boilers are subject to OAR 340-240-0110(1). Boiler mass emissions for purposes of OAR 340-222-0041 will be based on LAER at the time DEQ approves the rebuilt boiler. NOTE: This rule is included in the State of Oregon Clean Air Act Implementation Plan that EQC adopted under OAR 340-200-0040. Statutory/Other Authority: ORS 468.020 & 468A.025 Statutes/Other Implemented: ORS 468A.025 History: DEQ 7-2015, f. & cert. ef. 4-16-15 DEQ 1-2005, f. & cert. ef. 1-4-05 DEQ 6-2001, f. 6-18-01, cert. ef. 7-1-01 DEQ 14-1999, f. & cert. ef. 10-14-99, Renumbered from 340-030-0015 DEQ 22-1996, f. & cert. 10-22-96 DEQ 4-1995, f. & cert. ef. 2-17-95 DEQ 4-1993, f. & cert. ef. 3-10-93 DEQ 23-1991, f. & cert. ef. 11-13-91 DEQ 22-1989, f. & cert. ef. 9-26-89 DEQ 14-1986, f. & cert. ef. 6-20-86 DEQ 29-1980, f. & cert. ef. 10-29-80 DEQ 4-1978, f. & cert. ef. 4-7-78
340-240-0130 Medford-Ashland Air Quality Maintenance Area and Grants Pass Urban Growth Area: Air Conveying Systems (Medford-Ashland AQMA Only) All air conveying systems emitting greater than 10 tons per year of particulate matter to the atmosphere must, with the prior written approval of DEQ, be equipped with a particulate emissions control device or devices with a design removal efficiency of at least 98.5 percent. 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 1-2005, f. & cert. ef. 1-4-05 DEQ 6-2001, f. 6-18-01, cert. ef. 7-1-01 DEQ 14-1999, f. & cert. ef. 10-14-99, Renumbered from 340-030-0025 DEQ 4-1993, f. & cert. ef. 3-10-93 DEQ 22-1989, f. & cert. ef. 9-26-89 DEQ 4-1978, f. & ef. 4-7-78
340-240-0140 Medford-Ashland Air Quality Maintenance Area and Grants Pass Urban Growth Area: Wood Particle Dryers at Particleboard Plants (1) No person may cause or permit the total emission of particulate matter from all wood particle dryers at a particleboard plant site to exceed 0.40 pounds per 1,000 square feet of board produced by the plant on a 3/4" basis of finished product equivalent. (2) No person may cause or permit the visible emissions from the wood particle dryers at a particleboard plant to exceed 10 percent opacity as a six minute average, unless the permittee demonstrates by source test that the particulate matter emission limit in section (1) can be achieved at higher visible emissions. In no case are emissions allowed to equal or exceed 20 percent opacity as a six minute average. Specific opacity limits will be included in the permit for each affected source. 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 1-2005, f. & cert. ef. 1-4-05 DEQ 6-2001, f. 6-18-01, cert. ef. 7-1-01 DEQ 14-1999, f. & cert. ef. 10-14-99, Renumbered from 340-030-0030 DEQ 4-1993, f. & cert. ef. 3-10-93 DEQ 23-1991, f. & cert. ef. 11-13-91 DEQ 14-1986, f. & ef. 6-20-86 DEQ 14-1981, f. & ef. 5-6-81 DEQ 4-1978, f. & ef. 4-7-78
340-240-0150 Hardboard Manufacturing Plants (1) Emissions from hardboard plants excluding press vents. No person may cause or permit the total emissions of particulate matter from a hardboard plant, excluding press/cooling vents, to exceed 0.25 pounds per 1,000 square feet of hardboard produced on a 1/8" basis of finished product equivalent. (2) Emissions from hardboard plants including press vents. No person is allowed to cause or permit the total emissions of particulate matter from a hardboard plant, including press/cooling vents, to exceed 0.55 pounds per 1,000 square feet of hardboard produced on a 1/8" basis of finished product equivalent. (3) When calculating emissions for this rule, emissions from truck dump and storage areas, fuel burning equipment, and refuse burning equipment are not included. NOTE: This rule is included in the State of Oregon Clean Air Act Implementation Plan that EQC adopted under OAR 340-200-0040. Statutory/Other Authority: ORS 468.020 & 468A.025 Statutes/Other Implemented: ORS 468A.025 History: DEQ 7-2015, f. & cert. ef. 4-16-15 DEQ 1-2005, f. & cert. ef. 1-4-05 DEQ 6-2001, f. 6-18-01, cert. ef. 7-1-01 DEQ 14-1999, f. & cert. ef. 10-14-99, Renumbered from 340-030-0031 DEQ 2-1996, f. & cert. ef. 1-29-96 DEQ 4-1995, f. & cert. ef. 2-17-95 DEQ 4-1993, f. & cert. ef. 3-10-93 DEQ 14-1986, f. & ef. 6-20-86 DEQ 14-1981, f. & ef. 5-6-81
340-240-0160 Medford-Ashland Air Quality Maintenance Area and Grants Pass Urban Growth Area: Wigwam Waste Burners No person owning or controlling any wigwam waste burner is allowed to cause or permit the operation of the wigwam waste burner. 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 6-2001, f. 6-18-01, cert. ef. 7-1-01 DEQ 14-1999, f. & cert. ef. 10-14-99, Renumbered from 340-030-0035 DEQ 4-1993, f. & cert. ef. 3-10-93 DEQ 29-1980, f. & ef. 10-29-80 DEQ 4-1978, f. & ef. 4-7-78
340-240-0180 Medford-Ashland Air Quality Maintenance Area and Grants Pass Urban Growth Area: Control of Fugitive Emissions (Medford-Ashland AQMA Only) (1) All sawmills, plywood mills and veneer manufacturing plants, particleboard and hardboard plants, asphalt plants, rock crushers, animal feed manufacturers, and other major industrial facilities as identified by DEQ, must prepare and implement site-specific plans for the control of fugitive emissions. (2) Fugitive emission-control plans must identify reasonable measures to prevent particulate matter from becoming airborne. Special care will be taken by the facility to avoid the migration of material onto the public road system. Such reasonable measures include, but are not limited to the following: (a) The systematic paving of all unpaved roads and areas on which vehicular traffic occurs. Until an area is paved, subsection (2)(b) applies; (b) Scheduled application of water, or other suitable chemicals on unpaved roads, log storage or sorting yards, materials stockpiles, and other surfaces which can create airborne dust. Dust suppressant material must not adversely affect water quality; (c) Periodic sweeping or cleaning of paved roads and other areas as necessary to prevent migration of material onto the public road system; (d) Full or partial enclosure of materials stockpiled in cases where application of water or suitable chemicals are not sufficient to prevent particulate matter from becoming airborne; (e) Installation and use of hoods, fans, and fabric filters to enclose and vent the handling of dusty materials; (f) Adequate containment during sandblasting or other similar operations; (g) Covering, at all times when in motion, open bodied trucks transporting materials likely to become airborne; and (h) Procedures for the prompt removal of earthen material, dirt, dust, or other material from paved streets. (3) Reasonable measures may include landscaping and using vegetation to reduce the migration of material onto public and private roadways. (4) The facility owner or operator must supervise and control fugitive emissions and material that may become airborne caused by the activity of outside contractors delivering or removing materials at the site. (5) The site-specific fugitive dust emissions control plan must be submitted to DEQ prior to or within 60 days of permit issuance or renewal. DEQ will approve or deny the plan within 30 days. 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.040 Statutes/Other Implemented: ORS 468A.025 & 468A.040 History: DEQ 7-2015, f. & cert. ef. 4-16-15 DEQ 1-2005, f. & cert. ef. 1-4-05 DEQ 6-2001, f. 6-18-01, cert. ef. 7-1-01 DEQ 14-1999, f. & cert. ef. 10-14-99, Renumbered from 340-030-0043 DEQ16-1998, f. & cert. ef. 9-23-98 DEQ 10-1995, f. & cert. ef. 5-1-95 DEQ 4-1995, f. & cert. ef. 2-17-95 DEQ 4-1993, f. & cert. ef. 3-10-93 DEQ 23-1991, f. & cert. ef. 11-13-91 DEQ 22-1989, f. & cert. ef. 9-26-89 DEQ 6-1983, f. & cert. ef. 4-18-83
340-240-0190 Medford-Ashland Air Quality Maintenance Area and Grants Pass Urban Growth Area: Requirement for Operation and Maintenance Plans (Medford-Ashland AQMA Only) (1) Operation and Maintenance Plans must be prepared by all holders of permits other than a Basic ACDP. All sources subject to regular permit requirements are subject to operation and maintenance requirements. (2) The purposes of the operation and maintenance plans are to: (a) Reduce the number of upsets and breakdowns in particulate control equipment; (b) Reduce the duration of upsets and downtimes; and (c) Improve the efficiency of control equipment during normal operations. (3) The operation and maintenance plans must consider, but not be limited to, the following: (a) Personnel training in operation and maintenance; (b) Preventative maintenance procedures, schedule and records; (c) Logging of the occurrence and duration of all upsets, breakdowns and malfunctions which result in excessive emissions; (d) Routine follow-up evaluation of upsets to identify the cause of the problem and changes needed to prevent a recurrence; (e) Periodic source testing of pollution control units as required by the permit; (f) Inspection of internal wear points of pollution control equipment during scheduled shutdowns; and (g) Inventory of key spare parts. NOTE: This rule is included in the State of Oregon Clean Air Act Implementation Plan that EQC adopted under OAR 340-200-0040. Statutory/Other Authority: ORS 468.020 & 468A.025 Statutes/Other Implemented: ORS 468A.025 History: DEQ 7-2015, f. & cert. ef. 4-16-15 DEQ 1-2005, f. & cert. ef. 1-4-05 DEQ 6-2001, f. 6-18-01, cert. ef. 7-1-01 DEQ 14-1999, f. & cert. ef. 10-14-99, Renumbered from 340-030-0044 DEQ 22-1996, f. & cert. 10-22-96 DEQ 10-1995, f. & cert. ef. 5-1-95 DEQ 4-1995, f. & cert. ef. 2-17-95 DEQ 4-1993, f. & cert. ef. 3-10-93 DEQ 23-1991, f. & cert. ef. 11-13-91 DEQ 22-1989, f. & cert. ef. 9-26-89 DEQ 6-1983, f. & cert. ef. 4-18-83
340-240-0210 Medford-Ashland Air Quality Maintenance Area and Grants Pass Urban Growth Area: Continuous Monitoring (1) DEQ will require the installation and operation of instrumentation for measuring and recording emissions and/or the parameters which affect the emission of air contaminants from wood-waste fired boilers, veneer dryers, fiber dryers, and particle dryers to ensure that the sources and the air pollution control devices are operated at all times at their full efficiency and effectiveness so that the emission of air contaminants is kept at the lowest practicable level. The instrumentation must be periodically calibrated. The method and frequency of calibration must be approved in writing by DEQ. Continuous monitoring equipment and operation must be in accordance with the DEQ Continuous Monitoring Manual. [NOTE: The DEQ Continuous Monitoring Manual is published with OAR 340-200-0035.] The recorded information must be kept for a period of at least one year and must be made available to DEQ upon request. (2) At a minimum, the monitoring required under paragraph (1) must include: (a) Continuous monitoring and monthly reporting of carbon monoxide concentration and oxygen concentration for any wood-waste fired boiler with a heat input capacity greater than 35 million BTU/hr or for any wood-waste boiler using a wet scrubber as pollution control device and steam production rate for any wood-waste fired boiler; (b) Continuous monitoring and monthly reporting of pressure drop, scrubber water pressure, and scrubber water flow or other parameters deemed by DEQ to be equal or better indicators of proper operation of the wet scrubber used as pollution control device for any wood-waste fired boiler, veneer dryer, particle dryer, or fiber dryer; and (c) Continuous monitoring and monthly reporting of opacity for any wood-waste fired boiler not controlled by a wet scrubber. [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 468.020 & 468A.025 History: DEQ 13-2019, amend filed 05/16/2019, effective 05/16/2019 DEQ 7-2015, f. & cert. ef. 4-16-15 DEQ 1-2005, f. & cert. ef. 1-4-05 DEQ 6-2001, f. 6-18-01, cert. ef. 7-1-01 DEQ 14-1999, f. & cert. ef. 10-14-99, Renumbered from 340-030-0050 DEQ 22-1996, f. & cert. 10-22-96 DEQ 4-1993, f. & cert. ef. 3-10-93 DEQ 23-1991, f. & cert. ef. 11-13-91 DEQ 22-1989, f. & cert. ef. 9-26-89 DEQ 4-1978, f. & cert. ef. 4-7-78