reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 245 - CLEANER AIR OREGON › Section 340-245-0005 - Purpose and Overview

Current through Register Vol. 63, No. 7, July 1, 2024
(1) This
			 statement of purpose and overview is an aid to understanding the rules in OAR
			 340-245-0010  through 340-245-8010  that follow, and is not for the purpose of
			 regulation or compliance.
(2)
			 Purpose. The purpose of Oregon's risk-based toxic air contaminant permitting
			 program, known as Cleaner Air Oregon, is to:
(a) Prioritize and protect the health and
			 well-being of all Oregonians with a special focus on sensitive populations such
			 as children;
(b) Analyze public
			 health risk due to toxic air contaminant emissions from industrial and
			 commercial sources based on verified science and data;
(c) Consider similar regulations in other
			 states and jurisdictions and use a science-based, consistent and transparent
			 process for communicating and addressing risks from industrial and commercial
			 emissions of toxic air contaminants, provide regulatory predictability to
			 businesses and the communities they are a part of; and
(d) Reduce exposure to industrial and
			 commercial toxic air contaminant emissions while supporting an environment
			 where businesses and communities can thrive.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 245 - CLEANER AIR OREGON › Section 340-245-0010 - Applicability and Jurisdiction

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 This division applies in all areas of the state and to all sources, excluding
			 sources located on tribal and federal lands that are not subject to regulation
			 by DEQ.
(2) DEQ may consult with
			 OHA as necessary on the implementation of the rules in this division.
(3) Subject to the requirements in this
			 division and OAR 340-200-0010(3), Lane Regional Air Protection Agency is
			 designated by the EQC to implement the rules in this division within its area
			 of jurisdiction.
(4) This division
			 applies to entire sources as well as to individual TEUs.
(5) The owner or operator of a source subject
			 to this division may also be subject to other air quality rules including but
			 not limited to those listed below, either in relation to its obligations under
			 this division or independent of this division.
(a) OAR chapter 340, division 209, Public
			 Participation;
(b) OAR chapter 340,
			 division 210, Stationary Source Notification Requirements;
(c) OAR chapter 340, division 212, Stationary
			 Source Testing and Monitoring;
(d)
			 OAR chapter 340, division 214, Stationary Source Reporting
			 Requirements;
(e) OAR chapter 340,
			 division 216, Air Contaminant Discharge Permits, including fees;
(f) OAR chapter 340, division 218, Oregon
			 Title V Operating Permits;
(g) OAR
			 chapter 340, division 220, Oregon Title V Operating Permit Fees;
(h) OAR chapter 340, division 224, New Source
			 Review;
(i) OAR chapter 340,
			 division 226, General Emission Standards;
(j) OAR chapter 340, division 244, Oregon
			 Federal Hazardous Air Pollutant Program; and
(k) OAR chapter 340, division 246, Oregon
			 State Toxic Air Contaminant Program.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 245 - CLEANER AIR OREGON › Section 340-245-0020 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
The definitions in OAR 340-200-0020, 340-204-0010,
				340-246-0030, 340-247-0020  and this rule apply to this division. If the same
				term is defined in more than one of these rules, then the definitions in this
				division take precedence, followed by the definitions in OAR 340-200-0020,
				followed by the definitions in OAR 340-247-0020, followed by the definitions in
				OAR 340-246-0030, and finally the definitions in OAR 340-204-0010.
(1) "ABEL" means a computer model developed
			 by EPA that evaluates a corporation's or partnership's ability to afford
			 compliance costs, cleanup costs or civil penalties. ABEL is available upon
			 request from DEQ.
(2) "Actual toxic
			 air contaminant emission rate" means:
(a) For
			 an existing source, the toxic air contaminant emissions rate from the source's
			 actual production; or
(b) For a new
			 or reconstructed source, the toxic air contaminant emissions rate from the
			 reasonably anticipated actual production by the new or reconstructed
			 source.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 245 - CLEANER AIR OREGON › Section 340-245-0022 - Abbreviations and Acronyms

Current through Register Vol. 63, No. 7, July 1, 2024
As used in this division:
(1) "HI" means Hazard Index.
(2) "IUR" means Inhalation Unit
			 Risk.
(3) "m3" means cubic
			 meter.
(4) "NESHAP" means National
			 Emission Standards for Hazardous Air Pollutants, established by the
			 Environmental Protection Agency under section 112 of the Clean Air Act,
			 42 U.S.C. §
									7412.
(5) "NSPS" means New Source Performance
			 Standards, established by the Environmental Protection Agency under section
			 111(b) of the Clean Air Act,
			 42 U.S.C.
			 §
									7411(b).
(6) "OHA" means Oregon Health
			 Authority.
(7) "PTE" means
			 Potential to Emit.
(8) "RBC" means
			 Risk-Based Concentration.
(9)
			 "TBACT" means Toxics Best Available Control Technology.
(10) "TEU" means Toxics Emissions
			 Unit.
(11) "TLAER" means Toxics
			 Lowest Achievable Emission Rate.
(12) "TRV" means Toxicity Reference
			 Value.
(13) "µg" means
			 microgram.
(14) "1/4g/m3"
			 means micrograms per cubic meter.
Statutory/Other Authority: ORS
				  468.020,
				  468.065,
				  468A.025,
				  468A.040,
				  468A.050,
				  468A.070,
				  468A.155,
				  468A.135,
				  468A.337 & 468A.345
Statutes/Other Implemented: 468.065, 468A.025, 468A.040,
				  468A.050, 468A.070, 468A.155, 468A.010, 468A.015, 468A.035, 468A.337, 468A.345,
				  468A.335 & 468A.343
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 245 - CLEANER AIR OREGON › Section 340-245-0030 - Submittal and Payment Deadlines

Current through Register Vol. 63, No. 7, July 1, 2024
(1) When required to demonstrate compliance
			 with OAR 340-245-0040, 340-245-0050, 340-245-0060, or 340-245-0100  the owner or
			 operator of a source must submit to DEQ all information and specific activity
			 fees under OAR 340-216-8030  Table 3 required by, and by the deadlines specified
			 in, subsections (a) through (h), as applicable, except as allowed under section
			 (3). The owner or operator of a new or reconstructed source must also submit
			 the following information but the time deadlines in subsections (a) through h)
			 do not apply.
(a)
(A) An emissions inventory under OAR
			 340-245-0040  that will be used in the risk assessment must be submitted to DEQ
			 no later than 90 days after the DEQ notice date; and
(B) For an existing source, if the owner or
			 operator is submitting DEQ-approved source test data to supplement the
			 emissions inventory, the updated emissions inventory must be submitted to DEQ
			 no later than 150 days after the DEQ notice date. The owner or operator must
			 also submit a modeling protocol and Level 3 or Level 4 Risk Assessment work
			 plan prior to or concurrent with the submission of source test data, if
			 applicable;
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 245 - CLEANER AIR OREGON › Section 340-245-0040 - Emissions Inventory

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Individual emissions inventories for risk assessment of sources. New sources
			 must submit an emissions inventory as part of the permit application. DEQ may
			 also require the owner or operator of any existing permitted or unpermitted
			 source to submit an emissions inventory for the purpose of assessing risk.
			 These emissions inventories must include all toxic air contaminants emitted by
			 the source listed in OAR 340-247-8010  Table 1. The owner or operator must
			 assess risk from the toxic air contaminants in OAR 340-247-8010  Table 2. For
			 existing sources, the owner or operator must submit the emissions inventory
			 electronically to DEQ no later than 90 days after the DEQ notice date unless
			 DEQ allows additional time under OAR 340-245-0030.
(2) Periodic state-wide emissions inventory.
(a) DEQ may require the owners and operators
			 of all permitted and unpermitted sources to submit an updated toxic air
			 contaminant emissions inventory of all toxic air contaminants emitted by the
			 source listed in OAR 340-247-8010  Table 1. The reporting year will generally
			 correspond with EPA's National Emissions Inventory reporting year (2020, 2023,
			 2026, etc.);
(b) The owner or
			 operator must submit its updated emissions inventory electronically to DEQ no
			 later than 60 days after the date that DEQ sends a written request by
			 electronic mail or regular U.S. mail, to the owner or operator, unless DEQ
			 allows additional time under OAR 340-245-0030; and
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 245 - CLEANER AIR OREGON › Section 340-245-0050 - Risk Assessment Procedures

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Existing source.
(a) When notified in writing by DEQ, at DEQ's
			 discretion, the owner or operator of an existing source with an operating
			 permit must either demonstrate that it is an exempt source by following the
			 procedure in section (6) or:
(A) Assess risk
			 from the source using any of the Level 1 through Level 4 Risk Assessment
			 procedures in sections (8) through (11);
(B) Assess risk from the source using the
			 emissions inventory submitted under OAR 340-245-0040(1); and
(C) Follow the applicable calculation
			 procedures under OAR 340-245-0200.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 245 - CLEANER AIR OREGON › Section 340-245-0060 - Toxics Emissions Units

Current through Register Vol. 63, No. 7, July 1, 2024
(1) TEU
			 Designation. An owner or operator must designate TEUs in the same manner as the
			 owner or operator designated emissions units listed in a source's operating or
			 construction permit, if they are designated, unless the owner or operator
			 requests a different designation in writing and DEQ approves that request in
			 writing. The request for a new or a different TEU designation must be
			 compatible with the following:
(a) TEUs may
			 not be designated in such a way as to avoid the requirements of this
			 division;
(b) An individual
			 emissions-producing activity that exhausts through multiple stacks or openings
			 must be designated as an individual TEU;
(c) Where multiple emissions-producing
			 activities exhaust through a common opening, exhaust stack or emissions control
			 device, all of these emissions producing activities may be considered a single
			 TEU or may be considered separate TEUs;
(d) The list of TEUs should not be limited to
			 what is listed in a source's operating or construction permit but should
			 include all processes and activities that emit toxic air contaminants;
			 and
(e) DEQ may require the owner
			 or operator to designate TEUs differently than as listed in the source's
			 operating or construction permit, if DEQ determines such listing is appropriate
			 to meet the purposes of this division.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 245 - CLEANER AIR OREGON › Section 340-245-0100 - Toxic Air Contaminant Permit Addenda

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Purpose and Intent.
(a) A Toxic Air Contaminant Permit Addendum
			 or conditions included in an operating permit to comply with this division are
			 used to:
(A) Authorize the owner or operator
			 of a source to construct or modify TEUs that discharge toxic air
			 contaminants;
(B) Authorize the
			 owner or operator of a source to discharge toxic air contaminants subject to
			 enforceable permit requirements, limitations, and conditions, including to:
(i) Establish enforceable risk limits for the
			 purpose of limiting the risk from toxic air contaminants from a
			 source;
(ii) Approve, modify and
			 implement a Risk Reduction Plan and require the owner or operator of a source
			 to implement the ongoing requirements; and
(iii) Approve, modify and implement a
			 Voluntary Risk Reduction Plan and require the owner or operator of a source to
			 implement the ongoing requirements;
(C) Approve, modify and implement a Toxic Air
			 Contaminant Monitoring Plan; and
(D) Approve postponement of risk
			 reduction;
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 245 - CLEANER AIR OREGON › Section 340-245-0110 - Source Risk Limits

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The purpose
			 of a Source Risk Limit is to limit the chronic and acute risk from a source
			 that emits toxic air contaminants. DEQ will establish Source Risk Limits based
			 on the results of the risk assessment performed under OAR 340-245-0050. DEQ
			 will establish Source Risk Limits separately for each of the following risk
			 categories: chronic excess cancer risk, chronic noncancer risk and acute
			 noncancer risk.
(a) Source Risk Limits that
			 are based on chronic risk apply on a rolling 12 consecutive month basis and
			 limit the source's chronic risk or annual PTE, as applicable;
(b) Source Risk Limits that are based on
			 acute risk apply on a daily basis and limit the source's acute risk or daily
			 PTE, as applicable; and
(c) DEQ may
			 establish multiple chronic or acute noncancer Source Risk Limits for an
			 individual source on a case-by-case basis to account for risk to different
			 target organs or organ systems.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 245 - CLEANER AIR OREGON › Section 340-245-0130 - Risk Reduction Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A Risk Reduction Plan for an existing
			 source must do the following within the specified period of time under OAR
			 340-245-0030, as applicable:
(a) Reduce risk
			 to less than or equal to the TBACT Level;
(b) Require the owner or operator to meet
			 TBACT on all significant TEUs;
(c)
			 Reduce risk to less than or equal to the Risk Reduction Level; or
(d) Reduce risk to less than or equal to the
			 Community Engagement Level if the owner or operator voluntarily agrees to do
			 so.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 245 - CLEANER AIR OREGON › Section 340-245-0140 - Pollution Prevention

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 owner or operator of a source whose risk is greater than the TBACT Level,
			 before any additional risk reduction measures are considered, is required to do
			 an analysis of pollution prevention measures as provided in this
			 rule.
(2) The owner or operator
			 must evaluate pollution prevention measures that are likely to reduce or
			 eliminate emissions of toxic air contaminants. If the owner or operator chooses
			 to implement any such measures, the owner or operator must include that
			 information in the Toxic Air Contaminant Permit Addendum application.
(3) An analysis of pollution prevention
			 measures must include the following:
(a) A
			 detailed review of source data, including TEU and process level data related to
			 the toxic air contaminants of concern emitted by the source, including:
(A) A process flow diagram depicting all
			 production steps, showing all chemical and material inputs and all processes
			 through which material passes to form a product, and showing the point at which
			 toxic air contaminants enter the system and leave the production unit, with
			 identification of the inputs and outputs relevant to generation of toxic air
			 contaminants; and
(B) Materials
			 accounting which quantifies the total chemical inputs and outputs of a
			 particular toxic air contaminant from each process, and ultimately, source-wide
			 usage and emissions;
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 245 - CLEANER AIR OREGON › Section 340-245-0150 - Postponement of Risk Reduction

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Postponement of risk reduction is only available for existing sources for
			 excess cancer and noncancer chronic risk, and cannot be approved if risk is
			 over the Immediate Curtailment Level. An owner or operator may request
			 postponement of risk reduction for one five year period. After that five year
			 period, the owner or operator must reduce risk in accordance with OAR
			 340-245-0130.
(2) An owner or
			 operator of an existing source requesting postponement of the requirement to
			 reduce risk for one or more significant TEUs must submit a request to DEQ that
			 includes the following:
(a) Information
			 proving inability to pay as described in section (4);
(b) The TEUs for which the postponement is
			 being requested;
(c) An analysis
			 of:
(A) All risk reduction measures that the
			 owner or operator is required to undertake to reduce risk; and
(B) The cost to install, operate and maintain
			 each risk reduction measure identified in paragraph (A) for which a
			 postponement is being requested;
(d) A description of any other interim risk
			 reduction measures, including a pollution prevention analysis under OAR
			 340-245-0140, that will be taken to reduce risk in lieu of implementing each
			 risk reduction measure identified in paragraph (c)(A) for which a postponement
			 is being requested and when those interim risk reduction measures will be
			 implemented; and
(e) The number of
			 employees at the source.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 245 - CLEANER AIR OREGON › Section 340-245-0220 - TBACT and TLAER Procedures

Current through Register Vol. 63, No. 7, July 1, 2024
(1) If
			 required to meet TBACT or TLAER on any significant TEU, the owner or operator
			 of a source must perform a TBACT or TLAER analysis.
(a) The owner or operator of an existing
			 source must conduct a case-by-case TBACT analysis under section (3), except as
			 provided in section (2);
(b) The
			 owner or operator of a new or reconstructed source must conduct a case-by-case
			 TLAER analysis under section (4);
(c) The owner or operator must submit the
			 TBACT or TLAER analysis to DEQ for approval, and the owner or operator must pay
			 the case-by-case TBACT or TLAER fee, as applicable, specified in OAR
			 340-216-8030  Table 3 and OAR 340-245-0400;
(d) A TEU is determined to meet TBACT if DEQ
			 approves the TBACT analysis for the TEU and the owner or operator has
			 implemented all operational or source modifications required to meet TBACT, or
			 will implement them on an enforceable compliance schedule included in its Toxic
			 Air Contaminant Permit Addendum or operating permit; and
(e) A TEU is determined to meet TLAER if DEQ
			 approves the TLAER analysis for the TEU and the owner or operator has
			 implemented all operational or source modifications required to meet TLAER upon
			 beginning operation of the new or reconstructed source.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 245 - CLEANER AIR OREGON › Section 340-245-0230 - Toxic Air Contaminant Monitoring Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An owner or operator of a source that
			 chooses to perform toxic air contaminant monitoring under OAR 340-245-0050  must
			 submit an application for a Toxic Air Contaminant Permit Addendum and a Toxic
			 Air Contaminant Monitoring Plan, developed in consultation with and approved by
			 DEQ in a Toxic Air Contaminant Permit Addendum, before beginning toxic air
			 contaminant monitoring. Toxic air contaminant monitoring must be conducted for
			 a period of not less than 12 months with at least 12 months of valid data with
			 greater than 75 percent data completeness per quarter.
(2) Public involvement requirements. DEQ
			 shall work with the owner or operator to develop public information concerning
			 an approved Toxic Air Contaminant Monitoring Plan and the timeline for the
			 approved Toxic Air Contaminant Monitoring Plan.
(3) Toxic air contaminant monitoring
			 requirements. The owner or operator must submit a Toxic Air Contaminant
			 Monitoring Plan in accordance with OAR 340-245-0030  that includes but is not
			 limited to:
(a) Identification of all toxic
			 air contaminants that will be monitored;
(b) A description of all proposed monitoring
			 locations;
(c) A description of the
			 monitoring and analysis protocols for each toxic air contaminant to be
			 monitored, including at a minimum:
(A) The
			 monitoring equipment and methods to be used for each toxic air
			 contaminant;
(B) The sampling
			 methods, including sample handling and custody storage requirements;
(C) The frequency of sampling at each
			 monitoring location; the duration of each sample (i.e., the length of time in
			 hours that each sample runs), and time of year;
(D) Analytical methods and the analytical
			 method detection limits and reporting limits to be used for each toxic air
			 contaminant;
(E) Quality assurance
			 and quality control measures to be taken and who will be performing these
			 measures; and
(F) Descriptions of
			 security measures to protect the monitoring equipment;
(d) A description of how to determine and
			 account for the ambient concentration of each toxic air contaminant being
			 monitored that results from all causes other than the source under
			 consideration, including natural and unknown causes;
(e) A description of how and where
			 meteorological monitoring will be performed and the meteorology equipment used;
			 and
(f) A description of how the
			 data will be reduced and how often the results will be reported to
			 DEQ.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 245 - CLEANER AIR OREGON › Section 340-245-0300

Current through Register Vol. 63, No. 7, July 1, 2024
Statutory/Other Authority: ORS
				  468.020,
				  468.065,
				  468A.025,
				  468A.040,
				  468A.050,
				  468A.070,
				  468A.155  & Or Laws 2018, ch. 102, § 3
Statutes/Other Implemented: 468.065, 468A.025, 468A.040,
				  468A.050, 468A.070, 468A.155, 468A.010, 468A.015, 468A.035 & Or Laws 2018,
				  ch. 102, §§ 2 and 3
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 245 - CLEANER AIR OREGON › Section 340-245-0310 - Process for Updating Risk-Based Concentrations for Toxic Air Contaminants

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Purpose. As
			 risk assessment and toxicological sciences advance, it is important that health
			 risk-based standards for air quality continue to reflect the latest practices
			 and science. The list of toxic air contaminants that are regulated and their
			 RBCs represent one area where regulations will need regular updating to
			 accommodate advancing science and practices to ensure that impacts to public
			 health from industrial air emissions are minimized.
(2) Process for updating risk-based
			 concentrations.
(a) DEQ will propose, through
			 a public rulemaking process, to revise, add, or remove risk-based
			 concentrations for toxic air contaminants whenever changes are proposed to
			 their toxicity reference values in OAR 340-247-8010  Table 2.
(b) As needed, DEQ will propose, through a
			 public rulemaking process, to revise risk-based concentrations if new
			 information indicates the need to adjust exposure factors or other adjustment
			 factors for individual toxic air contaminants or groups of toxic air
			 contaminants.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 245 - CLEANER AIR OREGON › Section 340-245-0320 - Standards and Criteria for Noncancer Risk Action Levels for Existing Contamination Sources

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 noncancer Risk Action Levels for existing sources are identified in OAR
			 340-245-8010, Table 1.
(2) The
			 toxic air contaminants for which an adjusted noncancer Risk Action Level will
			 apply are identified in OAR 340-247-8010, Table 2, and OAR 340-245-8010, Table
			 2 in the column named "Noncancer TBACT RAL."
(3) An adjusted Risk Action Level will be
			 applied to existing sources that emit one or more toxic air contaminants
			 identified in OAR 340-247-8010, Table 2, or OAR 340-245-8010, Table 2 with a
			 noncancer TBACT RAL of a Hazard Index of 3. For sources that emit a mixture of
			 toxic air contaminants with noncancer TBACT Risk Action Levels of both a Hazard
			 Index of 3 and a Hazard Index of 5, the Risk Determination Ratio calculation
			 expresses the degree to which the applicable Risk Action Level may be adjusted
			 for each source.
Statutory/Other Authority: ORS
				  468.020 &
				  Or Laws 2018, ch. 102, § 7
Statutes/Other Implemented: Or Laws 2018, ch. 102,
				  §7
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 245 - CLEANER AIR OREGON › Section 340-245-0400 - Cleaner Air Oregon Fees

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Any
			 owner or operator that has been issued or applies for an Oregon Title V
			 Operating Permit under OAR chapter 340, division 218 must submit the annual CAO
			 base fees to DEQ as specified in OAR 340- 220-0050(4).
(2) Any owner or operator that has been
			 issued or applies for a Basic, General, Simple or Standard Air Contaminant
			 Discharge Permit under OAR chapter 340, division 216 must submit the annual CAO
			 base fee to DEQ as specified in OAR 340-216-8020  Table 2 Part 3.
(3) When notified in writing by DEQ, the
			 owner or operator of an existing source that must perform a risk assessment is
			 required to pay the applicable existing source call-in fee in OAR 340-216-8030  Table 3 within 30 days of receiving DEQ notification.
(4) Owners or operators of new or
			 reconstructed sources must pay the applicable new source consulting fee and the
			 applicable specific activity fees in OAR 340-216-8030  Table 3 with the permit
			 application.
(5) Any owner or
			 operator required to apply for a Toxic Air Contaminant Permit Addendum must
			 also submit the applicable Cleaner Air Oregon Specific Activity Fees specified
			 in OAR 340-216-8030  Table 3 to DEQ in accordance with OAR 340-245-0030.
(a) The fees in OAR 340-216-8030  Table 3 are
			 additive in most cases;
(b) A
			 TBACT/TLAER Review fee will be due to DEQ per TEU. When reviewing multiple
			 similar TEUs, DEQ may elect to waive additional TEU review fees for multiple
			 similar TEU reviews if the TEUs have similar emissions and emission
			 rates;
(c) If one TEU requires two
			 different air pollution control devices because it emits different types of
			 toxic air contaminants (e.g., particulate matter and volatile organic
			 compounds), then two TBACT/TLAER Review fees will be due and payable to
			 DEQ;
(d) The individual TEU fees
			 can be additive or charged individually, depending on the situation. If an
			 owner or operator is constructing or modifying multiple, identical TEUs, then
			 one TEU Risk Assessment fee may be charged. If the TEUs were not identical,
			 then multiple TEU Risk Assessment fees will be due and payable to
			 DEQ;
(e) A community engagement fee
			 of high, medium, or low for each meeting, will be due to DEQ based on DEQ's
			 determination of the complexity and nature of the needed outreach and
			 engagement activities; and
(f) A
			 source test fee is required when an owner or operator submits a source test
			 report for DEQ review under this division.
(A)
			 The complex source test review fee is for multiple TEUs and multiple toxic air
			 contaminant test methods;
(B) The
			 moderate source test review fee is for a single TEU and multiple toxic air
			 contaminant test methods; and
(C)
			 The simple source test review fee is for a single TEU and a single toxic air
			 contaminant test method.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 245 - CLEANER AIR OREGON › Section 340-245-8010 - Tables

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Table 1 - Risk
			 Action Levels
(2) Table 2 -
			 Risk-Based Concentrations
(3) Table
			 3 - Level 1 Risk Assessment Dispersion Factors
To view attachments referenced in rule text,
click here to view
				  rule
.
Statutory/Other Authority: ORS
				  468.020, ORS
				  468.065,
				  468A.025,
				  468A.040,
				  468A.050,
				  468A.070,
				  468A.155,
				  Or Laws 2018, ch. 102, § 7 & 468A.135
Statutes/Other Implemented: ORS
				  468.065,
				  468A.025,
				  468A.040,
				  468A.050,
				  468A.070,
				  468A.155,
				  468A.010,
				  468A.015,
				  468A.035  & Or Laws 2018, ch. 102, § 7
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 245 - CLEANER AIR OREGON › Section 340-245-8020

Current through Register Vol. 63, No. 7, July 1, 2024
To view tables referenced in rule text,
click here to view
				  rule
.
Statutory/Other Authority: ORS
				  468.020,
				  468.065,
				  468A.025,
				  468A.040,
				  468A.050,
				  468A.070  & 468A.155
Statutes/Other Implemented: 468.065, 468A.025, 468A.040,
				  468A.050, 468A.070, 468A.155, 468A.010, 468A.015 &
				  468A.035
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 245 - CLEANER AIR OREGON › Section 340-245-8030

Current through Register Vol. 63, No. 7, July 1, 2024
To view attachments referenced in rule text,
click here to view
				  rule
.
Statutory/Other Authority: ORS
				  468.020, ORS
				  468.065,
				  468A.025,
				  468A.040,
				  468A.050,
				  468A.070,
				  468A.155  & Or Laws 2018, ch. 102, § 7
Statutes/Other Implemented: ORS
				  468.065,
				  468A.025,
				  468A.040,
				  468A.050,
				  468A.070,
				  468A.155,
				  468A.010,
				  468A.015,
				  468A.035  & Or Laws 2018, ch. 102, § 7
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 245 - CLEANER AIR OREGON › Section 340-245-8040

Current through Register Vol. 63, No. 7, July 1, 2024
To view attachments referenced in rule text,
click here to view
				  rule
.
Statutory/Other Authority: ORS
				  468.020, ORS
				  468.065,
				  468A.025,
				  468A.040,
				  468A.050,
				  468A.070,
				  468A.155  & Or Laws 2018, ch. 102, § 7
Statutes/Other Implemented: ORS
				  468.065,
				  468A.025,
				  468A.040,
				  468A.050,
				  468A.070,
				  468A.155,
				  468A.010,
				  468A.015,
				  468A.035  & Or Laws 2018, ch. 102, § 7
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 245 - CLEANER AIR OREGON › Section 340-245-8050

Current through Register Vol. 63, No. 7, July 1, 2024
To view tables referenced in rule text,
click here to view
				  rule
.
Statutory/Other Authority: ORS
				  468.020,
				  468.065,
				  468A.025,
				  468A.040,
				  468A.050,
				  468A.070  & 468A.155
Statutes/Other Implemented: 468.065, 468A.025, 468A.040,
				  468A.050, 468A.070, 468A.155, 468A.010, 468A.015 &
				  468A.035
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 245 - CLEANER AIR OREGON › Section 340-245-9000 - Colored Art Glass Manufacturing Facility Rules; Applicability and Jurisdiction

Current through Register Vol. 63, No. 7, July 1, 2024
Notwithstanding OAR chapter 340, division 246, OAR 340-245-9000 through 340-245-9080  apply to all facilities in the state of Oregon
				that:
(1) Manufacture glass from raw
			 materials, or a combination of raw materials and cullet, for:
(a) Use in art, architecture, interior design
			 and other similar decorative applications, or
(b) Use by glass manufacturers for use in
			 art, architecture, interior design and other similar decorative applications;
			 and
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 245 - CLEANER AIR OREGON › Section 340-245-9010 - Colored Art Glass Manufacturing Facility Rules; Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
The definitions in OAR 340-200-0020  and this rule apply to OAR
				340-245-9000  through 9095. If the same term is defined in this rule and
				340-200-0020, the definition in this rule applies to this division.
(1) "Colored Art Glass Manufacturer" or
			 "CAGM" means a facility that meets the applicability requirements in OAR
			 340-245-9000  and refers to the owner or operator of such a facility when the
			 context requires.
(2) "Chromium
			 III" means chromium in the +3 oxidation state, also known as trivalent
			 chromium.
(3) "Chromium VI" means
			 chromium in the +6 oxidation state, also known as hexavalent chromium.
(4) "Chromium", without a
			 following roman numeral, means total chromium.
(5) "Controlled" means the glassmaking
			 furnace emissions are treated by an emission control device approved by DEQ.
(6) "Cullet" means pieces of
			 finished glass that, when mixed with raw materials and charged to a glassmaking
			 furnace, is used to produce new glass. Cullet does not include frit as defined
			 in subsection (9)(a). Cullet is not considered to be a raw material.
(7) "Emission control device" means control
			 device as defined in OAR chapter 340, division 200.
(8) "Finished glass" means the final glass
			 product that results from melting and refining materials in a glassmaking
			 furnace. Finished glass that has been remelted without the addition of raw
			 materials is still finished glass.
(9) "Frit" means both of the following:
(a) Granules of glassified or vitrified
			 material that is not made from finished glass, and which contains a higher
			 proportion of glassmaking HAP than would be found in a finished glass. The
			 purpose of such material includes, but is not limited to, making powdered
			 glassmaking HAPs safer to handle by combining them with silica or other oxides.
(b) Granules of crushed finished
			 glass.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 245 - CLEANER AIR OREGON › Section 340-245-9015 - Colored Art Glass Manufacturing Facility Rules; Compliance Extensions

Current through Register Vol. 63, No. 7, July 1, 2024
A Tier 1 CAGM may request, and DEQ may grant, one or more
				extensions, not to exceed a total of 12 months, to the compliance date for
				installation of emission control systems if the CAGM cannot meet the compliance
				date for reasons beyond its reasonable control. A Tier 1 CAGM that has been
				granted an extension:
(1) Is allowed
			 to operate without the emission control device required by OAR 340-224-9050
			 until the required emission control device is installed and operational, or the
			 extension expires, whichever is earlier; and
(2) Must comply with OAR 340-245-9020  and
			 340-245-9060(1)  as applicable.
NOTE:
This rule was moved verbatim from OAR
				340-244-9015  and renumbered and amended.
Statutory/Other Authority: ORS
				  468.020,
				  468A.025  & 468A.040
Statutes/Other Implemented: 468A.025 &
				  468A.040
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 245 - CLEANER AIR OREGON › Section 340-245-9020 - Colored Art Glass Manufacturing Facility Rules; Permit Required

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Not later than
			 December 1, 2016, if located within the Portland AQMA, and not later than April
			 1, 2017, if located outside the Portland AQMA, all CAGMs not otherwise subject
			 to a permitting requirement must apply for a permit under OAR 340-216-8020  Table 2, Part B, category #84.
(2)
			 A CAGM that applies for a permit on or before the required date is not in
			 violation of OAR 340-216-0020(3).
(3) CAGMs constructed after September 1, 2016
			 must obtain a permit prior to construction.
NOTE:
This rule was moved verbatim from OAR
				340-244-9020  and renumbered.
Statutory/Other Authority: ORS
				  468.020,
				  468A.025  & 468A.040
Statutes/Other Implemented: 468A.025 &
				  468A.040
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 245 - CLEANER AIR OREGON › Section 340-245-9030 - Colored Art Glass Manufacturing Facility Rules; Requirements That Apply To Tier 2 CAGMs

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Tier 2 CAGMs
			 located within the Portland AQMA may not use raw materials containing arsenic,
			 cadmium, chromium, lead, manganese or nickel except in glassmaking furnaces
			 that use an emission control device that meets the requirements of OAR
			 340-245-9070.
(2) Effective January
			 1, 2017, Tier 2 CAGMs located within the Portland AQMA may not use raw
			 materials containing selenium except in glassmaking furnaces that use an
			 emission control device that meets the requirements of OAR 340-245-9070.
(3) Tier 2 CAGMs located outside
			 the Portland AQMA may not use raw materials containing arsenic, cadmium or
			 chromium VI except in glassmaking furnaces that use an emission control device
			 that meets the requirements of OAR 340-245-9070.
(4) Effective April 1, 2017, Tier 2 CAGMs
			 located outside the Portland AQMA may not use raw materials containing
			 chromium, lead, manganese, nickel or selenium except in glassmaking furnaces
			 that use an emission control device that meets the requirements of OAR
			 340-245-9070.
NOTE:
This rule was moved verbatim from OAR
				340-244-9030  and renumbered and amended.
Statutory/Other Authority: ORS
				  468.020,
				  468A.025  & 468A.040
Statutes/Other Implemented: 468A.025 &
				  468A.040
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 245 - CLEANER AIR OREGON › Section 340-245-9050 - Colored Art Glass Manufacturing Facility Rules; Requirements That Apply To Tier 1 CAGMs

Current through Register Vol. 63, No. 7, July 1, 2024
(1) No later
			 than October 1, 2016, if located within the Portland AQMA, and April 1, 2017,
			 if located outside the Portland AQMA, each Tier 1 CAGM must comply with
			 subsection (a) or (b) for each glassmaking furnace or group of glassmaking
			 furnaces that use raw material containing arsenic, cadmium, chromium, lead,
			 manganese or nickel:
(a) Install an emission
			 control device that meets the emission control device requirements in OAR
			 340-245-9070; or
(b) Request a
			 permit condition that prohibits the use of arsenic, cadmium, chromium, lead,
			 manganese or nickel in the glassmaking furnace or group of glassmaking
			 furnaces, and comply with that condition.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 245 - CLEANER AIR OREGON › Section 340-245-9060 - Colored Art Glass Manufacturing Facility Rules; Operating Restrictions That Apply To Tier 1 CAGMs

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Tier 1 CAGMs
			 may not use raw materials that contain chromium VI in any uncontrolled
			 glassmaking furnace.
(2) Tier 1
			 CAGMs are not restricted on the raw materials that may be used in glassmaking
			 furnaces that are controlled by an emission control device approved by DEQ.
NOTE:
This rule was moved verbatim from OAR
				340-244-9060  and renumbered.
Statutory/Other Authority: ORS
				  468.020,
				  468A.025  & 468A.040
Statutes/Other Implemented: 468A.025 &
				  468A.040
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 245 - CLEANER AIR OREGON › Section 340-245-9070 - Colored Art Glass Manufacturing Facility Rules; Emission Control Device Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
(1) CAGMs
			 must comply with the requirements in subsection (a) or (b), as applicable, for
			 each emission control device used to comply with this rule.
(a) Tier 1 CAGMs must comply with one of the
			 requirements in paragraphs (A), (B) or (C):
(A) Conduct a source test as required under
			 section (3) and demonstrate that the emission control device does not emit
			 particulate matter in excess of 0.005 grains per dry standard cubic foot as
			 measured by EPA Method 5 or an equivalent method approved by DEQ.
(B) If the emission control system is a
			 fabric filter (baghouse), install a bag leak detection system that meets the
			 requirements of section (4).
(C) If
			 the emission control system is a fabric filter (baghouse), install an
			 afterfilter that meets the requirements of section (5).
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 245 - CLEANER AIR OREGON › Section 340-245-9080 - Colored Art Glass Manufacturing Facility Rules; Emission Control Device Monitoring

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Each
			 Tier 1 CAGM must perform the following monitoring on each emission control
			 device it uses to comply with this rule:
(a)
			 At least once each week, observe and record the inlet temperature and the
			 fabric filter (baghouse) differential pressure and afterfilter differential
			 pressure (as applicable); and
(b)
			 At least once every 12 months:
(A) Inspect
			 the ductwork and emission control device housing for leakage;
(B) Inspect the interior of the emission
			 control device for structural integrity and, if a fabric filter (baghouse) is
			 used, to determine the condition of the fabric filter; and
(C) Record the date, time and results of the
			 inspection.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 246 - OREGON STATE AIR TOXICS PROGRAM › Section 340-246-0010 - Policy and Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
The purpose of Oregon's state Toxic Air Contaminant Program is
				to address threats to public health and the environment from toxic air
				pollutants that remain after implementing the state delegated technology-based
				strategies of the federal Hazardous Air Pollutants Program in OAR 340-244-0010 through 340-244-0252, Cleaner Air Oregon in OAR 340-245-0005  through
				340-245-8050, and OAR 340-244-9000  through 340-244-9090. It also addresses
				cases of elevated health risks from toxic air contaminant emissions at
				stationary sources and source categories of toxic air contaminant emissions. In
				the future, it is also intended to address human exposures to toxic air
				contaminant emissions from stationary sources that are not addressed by other
				regulatory programs or the Geographic Program through a Safety Net Program. It
				is expected that the Safety Net Program will apply only rarely.
Statutory/Other Authority: 468A.015, ORS
				  468A.135,
				  468.020,
				  468.035  & 468A.025
Statutes/Other Implemented: 468A.010(1), ORS
				  468A.015,
				  468A.025,
				  ORS
				  468A.135  & 468.035
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 246 - OREGON STATE AIR TOXICS PROGRAM › Section 340-246-0050 - Pollution Prevention

Current through Register Vol. 63, No. 7, July 1, 2024
The Environmental Quality Commission encourages the use of
				pollution prevention for all sources of toxic air contaminants statewide. The
				Commission encourages use of the following hierarchy to reduce toxic air
				contaminants:
(1) Modify the process,
			 raw materials, or product to reduce the quantity and toxicity of air
			 contaminants generated;
(2) Capture
			 and reuse air contaminants;
(3)
			 Treat to reduce the quantity and toxicity of air contaminants released;
			 or
(4) Otherwise control toxic air
			 contaminant emissions.
Statutory/Other Authority: ORS
				  468.035,
				  468A.010(1),
				  468A.015,
				  468A.135,
				  468A.025  & 468.020
Statutes/Other Implemented: ORS
				  468.035,
				  468A.010(1),
				  468A.015,
				  468A.135  & 468A.025
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 246 - OREGON STATE AIR TOXICS PROGRAM › Section 340-246-0070

Current through Register Vol. 63, No. 7, July 1, 2024
Statutory/Other Authority: ORS
				  468.035,
				  468A.010(1)
				  &
				  468A.015
Statutes/Other Implemented: ORS 468A.015 &
				  468A.025
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 246 - OREGON STATE AIR TOXICS PROGRAM › Section 340-246-0090 - Ambient Benchmark Concentrations for Toxic Air Contaminants

Current through Register Vol. 63, No. 7, July 1, 2024
Purpose. Ambient benchmark concentrations are concentrations of
				toxic air contaminants that serve as goals in the Oregon Toxic Air Contaminants
				Program. They are based on human health risk and hazard levels considering
				sensitive populations. Ambient benchmark concentrations are not regulatory
				standards, but reference values by which toxic air contaminant problems can be
				identified, addressed and evaluated and are numerically equivalent to the
				"Toxicity Reference Value" as defined under OAR 340 247-0020. DEQ will use
				ambient benchmark concentrations as indicated in these rules, to implement the
				Geographic and Source Category Programs. Ambient benchmark concentrations set
				by the procedures described in this rule apply throughout Oregon, including
				that area within the jurisdiction of the Lane Regional Air Protection
				Agency.
Statutory/Other Authority: ORS
				  468.035,
				  468A.010(1),
				  468A.015,
				  468A.135,
				  468A.025  & 468.020
Statutes/Other Implemented: ORS
				  468.035,
				  468A.010(1),
				  468A.015,
				  468A.135  & 468A.025
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 246 - OREGON STATE AIR TOXICS PROGRAM › Section 340-246-0110 - Source Category Rules and Strategies

Current through Register Vol. 63, No. 7, July 1, 2024
(1) DEQ may identify the need for source
			 category rules and strategies through the following methods:
(a) The emissions inventory, modeling or
			 monitoring, shows toxic air contaminant emissions from point, area, or mobile
			 sources associated with public health risk at public receptors;
(b) Development of a local toxic air
			 contaminant reduction plan provides source category controls that could be
			 effectively applied to sources existing in other parts of the state;
			 or
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 246 - OREGON STATE AIR TOXICS PROGRAM › Section 340-246-0130 - Geographic Program (0130 through 0170)

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Purpose. The Geographic Program addresses
			 emissions from multiple sources of toxic air contaminants. It requires
			 prioritizing and selecting geographic areas of concern, forming a local
			 advisory committee, developing a specific local plan to control toxic air
			 contaminants, a public participation and comment process, EQC adoption or
			 approval, implementing reduction strategies, and periodically evaluating the
			 effectiveness by DEQ.
(2) Subject
			 to the requirements in OAR 340-246-0130  through 0170, the Lane Regional Air
			 Pollution Authority is designated by the Commission as the agency to implement
			 the Geographic Program within its area of jurisdiction. The requirements and
			 procedures contained in this rule must be used by the Regional Authority to
			 implement the Geographic Program unless the Regional Authority adopts
			 superseding rules which are at least as restrictive as state rules. The
			 Regional Authority will address geographic areas as resources allow,
			 considering the prioritization criteria in 340-246-0150.
Statutory/Other Authority: ORS
				  468.035,
				  468A.010(1),
				  468A.015,
				  468A.135,
				  468A.025  & ORS
				  468.020
Statutes/Other Implemented: ORS
				  468.035,
				  468A.010(1),
				  468A.015,
				  468A.135  & 468A.025