reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 246 - OREGON STATE AIR TOXICS PROGRAM › Section 340-246-0150 - Prioritizing and Selecting Geographic Areas

Current through Register Vol. 63, No. 7, July 1, 2024
(1) DEQ will prioritize geographic areas by
			 considering the total cancer and non-cancer risk from toxic air contaminants to
			 the population in the area, as indicated by:
(a) The number and degree of ambient
			 benchmark concentration exceedances;
(b) The toxicity or potency of toxic air
			 contaminants exceeding ambient benchmark concentrations;
(c) The level of exposure and number of
			 people at risk in areas of concern;
(d) The presence of sensitive
			 populations;
(e) The effectiveness
			 of local control strategies; and
(f) To the extent known, the risk posed by
			 multiple pollutants and pollutant mixtures.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 246 - OREGON STATE AIR TOXICS PROGRAM › Section 340-246-0170 - Local Toxic Air Contaminant Emissions Reduction Planning

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
(a) DEQ will develop toxic air contaminant
			 reduction plans for selected geographic areas with the advice of local advisory
			 committees. The main role of a local advisory committee is to consider toxic
			 air contaminant reduction options and to recommend a specific toxic air
			 contaminant reduction plan for their geographic area. The Director will appoint
			 a local toxic air contaminants advisory committee.
(b) Local advisory committees will generally
			 be composed of a balanced representation of members from affected local
			 government, local health departments, the public, small businesses (50 or fewer
			 employees), larger businesses (if present in the area), and interest groups
			 represented in the area.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 246 - OREGON STATE AIR TOXICS PROGRAM › Section 340-246-0190 - Air Toxics Safety Net Program (0190 through 0230)

Current through Register Vol. 63, No. 7, July 1, 2024
Reserved for Safety Net Program.
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 340-246-0210 - Air Toxics Safety Net Program (0190 through 0230)

Current through Register Vol. 63, No. 7, July 1, 2024
Reserved for Safety Net Program.
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 340-246-0230 - Air Toxics Safety Net Program (0190 through 0230)

Current through Register Vol. 63, No. 7, July 1, 2024
Reserved for Safety Net Program.
Statutory/Other Authority: ORS
				  468.020,
				  468A.025, 468A.040 & 468A.310
Statutes/Other Implemented: ORS
				  468A.025,
				  468A.040 &
				  468A.310
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 247 - HEALTH RISK-BASED AIR QUALITY STANDARDS FOR TOXIC AIR CONTAMINANTS › Section 340-247-0010 - Purpose and Overview

Current through Register Vol. 63, No. 7, July 1, 2024
Purpose and Overview. Division 247 lists air contaminants that
				are a priority for investigation in Oregon (Table 1), lists health risk-based
				standards for toxic air contaminants in Oregon (Table 2) and establishes the
				process for setting and updating these values. These scientific standards, also
				called toxicity reference values (TRVs), are used to help analyze public health
				risk from toxic air contaminants. These standards may be used by programs
				including, but not limited to, Cleaner Air Oregon (OAR-340-245) and the Oregon
				State Toxic Air Contaminants Program (OAR-340-246). 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.
Statutory/Other Authority: ORS
				  468.020, ORS
				  468A.025  & ORS
				  468A.135
Statutes/Other Implemented: ORS
				  468A.025
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 247 - HEALTH RISK-BASED AIR QUALITY STANDARDS FOR TOXIC AIR CONTAMINANTS › Section 340-247-0020 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
The definitions in OAR 340-200-0020  and 340-245-0020  and this
				rule apply to this division. If the same term is defined in this division and
				elsewhere, the definition in this division applies.
(1) "Toxic air contaminant" means an air
			 pollutant that has been determined by the EQC to cause, or reasonably be
			 anticipated to cause, adverse effects to human health and is listed in OAR
			 340-247-8010  Table 1.
(2) "Toxicity
			 Reference Value" or "TRV" means the following:
(a) For carcinogens, the air concentration
			 corresponding to a one in one million excess cancer risk, calculated by
			 dividing one in one million (0.000001) by the inhalation unit risk specific to
			 that toxic air contaminant as established by the authoritative body that
			 establishes the value, and as approved by the EQC; and
(b) For noncarcinogens, the air concentration
			 above which relevant effects might occur to humans following environmental
			 exposure, and below which it is reasonably expected that effects will not
			 occur.
(c) For the purposes of
			 these rules, DEQ will use the term toxicity reference value when referring to
			 any similarly derived health-based toxicity value developed by other
			 governmental agencies. Examples of names of values that DEQ will refer to as
			 toxicity reference values include, but are not limited to reference
			 concentrations (RfCs), reference exposure levels (RELs), or minimal risk levels
			 (MRLs).
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 247 - HEALTH RISK-BASED AIR QUALITY STANDARDS FOR TOXIC AIR CONTAMINANTS › Section 340-247-0030 - Toxicity Reference Values

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 This rule lists sources of toxicity information that the Oregon Health
			 Authority (OHA) and the Department of Environmental Quality (DEQ) consider
			 authoritative in terms of their scientific rigor and methods for producing
			 toxicity information. OHA and DEQ will recommend adoption and use of Toxicity
			 Reference Values from the toxicity information published by the following
			 authoritative sources:
(a) DEQ in
			 consultation with the Air Toxics Science Advisory Committee (ATSAC);
(b) United States Environmental Protection
			 Agency (EPA);
(c) United States
			 Agency for Toxic Substances and Disease Registry (ATSDR); and
(d) California Environmental Protection
			 Agency (CalEPA).
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 247 - HEALTH RISK-BASED AIR QUALITY STANDARDS FOR TOXIC AIR CONTAMINANTS › Section 340-247-0040 - Process for Updating the Lists of Priority Toxic Air Contaminants and Toxicity Reference Values

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Purpose.
(a) As risk assessment and toxicological
			 sciences advance, it is important that TRVs and priority toxic air contaminants
			 continue to reflect the latest practices and science;
(b) These rules include two lists of toxic
			 air contaminants:
(A) OAR 340-247-8010  Table 1
			 contains toxic air contaminants that are considered a priority for
			 investigation in Oregon. The purpose of OAR 340-247-8010  Table 1 is to maintain
			 a current and broad understanding of statewide toxic air contaminant emissions
			 and ambient concentrations over time; and
(B) OAR 340-247-8020 Table 2 contains toxic
			 air contaminants for which TRVs are readily available. The purpose of OAR
			 340-247-8020 Table 2 is to evaluate the public health impacts from toxic air
			 contaminants.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 247 - HEALTH RISK-BASED AIR QUALITY STANDARDS FOR TOXIC AIR CONTAMINANTS › Section 340-247-0050 - Air Toxics Science Advisory Committee

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Purpose. The Commission recognizes the
			 many scientific uncertainties associated with the effects of toxic air
			 contaminants, and the continuing development of new information in this field.
			 An Air Toxics Science Advisory Committee (ATSAC), will advise DEQ, on the
			 development of TRVs to be recommended to the Commission for use in the state's
			 toxic air contaminant program. The ATSAC will review and provide feedback on
			 TRVs proposed by DEQ.
(2) Staffing.
			 Personnel from both the DEQ and OHA will coordinate the work of
			 ATSAC.
(3) Membership. The ATSAC
			 will be composed of highly qualified members with experience relevant to the
			 development and review of toxicity reference values. There will be at least
			 five but no more than seven members. DEQ will evaluate qualifications of each
			 ATSAC member and the capacity of the committee as a whole by seeking skills and
			 experience relevant to:
(a) Toxicology and/or
			 Toxicity Assessment, with additional consideration for experts with
			 specialization in:
(A) Inhalation
			 toxicology;
(B) Reproductive
			 toxicology; or
(C) Developmental
			 toxicology;
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 247 - HEALTH RISK-BASED AIR QUALITY STANDARDS FOR TOXIC AIR CONTAMINANTS › Section 340-247-8010 - Tables

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Table 1 -
			 Priority Toxic Air Contaminant List
(2) Table 2 - Toxicity Reference
			 Values
To view attachments referenced in rule text,
click here to view
				  rule
.
Statutory/Other Authority: ORS
				  468.020, ORS
				  468A.025  & ORS
				  468A.135
Statutes/Other Implemented: ORS
				  468A.025
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 248 - ASBESTOS REQUIREMENTS › Section 340-248-0005 - Applicability

Current through Register Vol. 63, No. 7, July 1, 2024
OAR 340-248-0010  through 340-248-0280  apply to asbestos
				milling, manufacturing, fabricating, abatement, and disposal, or any situation
				where a potential for exposure to asbestos fibers exists.
Statutory/Other Authority: ORS
				  468.020,
				  468A.025,
				  468A.135  & 468A.745
Statutes/Other Implemented: ORS
				  468A.700  - 468A.760
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 248 - ASBESTOS REQUIREMENTS › Section 340-248-0100 - Licensing and Certification Requirements: Applicability

Current through Register Vol. 63, No. 7, July 1, 2024
OAR 340-248-0100  through 340-248-0180  provide the requirements,
				standards, and procedures for contractor licensing, worker and supervisor
				certification, and asbestos abatement trainer accreditation. These requirements
				apply to any asbestos abatement project except as provided under OAR
				340-248-0250.
Statutory/Other Authority: ORS
				  468.020,
				  468A.025,
				  468A.135  & 468A.745
Statutes/Other Implemented: ORS
				  468A.700  - ORS
				  468A.760
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 248 - ASBESTOS REQUIREMENTS › Section 340-248-0110 - Licensing and Certification Requirements: General Provisions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Except as
			 provided under OAR 340-248-0250(1)(a)  a person performing an asbestos abatement
			 project must be a certified supervisor or worker under OAR 340-248-0130. A
			 certified supervisor may work as a certified worker without having
			 certification as a worker.
(2) An
			 owner or operator of a facility may not allow a person to perform an asbestos
			 abatement project in or on the facility unless the person is certified or
			 licensed under the provisions of this division to perform an asbestos abatement
			 project.
(3) An owner or operator
			 of a demolition or renovation activity may not allow a person to perform an
			 asbestos abatement project as part of the demolition or renovation unless the
			 person is certified or licensed under the provisions of this division to
			 perform an asbestos abatement project.
(4) A contractor that performs an asbestos
			 abatement project must be licensed by DEQ under OAR 340-248-0120.
(5) Except as provided under OAR
			 340-248-0250(1)(h), a certified supervisor must be present on each asbestos
			 abatement project.
(6) Each
			 training provider for asbestos abatement certification must be accredited by
			 DEQ under OAR 340-248-0140.
(7)
			 Each person DEQ licenses, certifies, or accredits under the provisions of this
			 division must comply with OAR 340-248-0005  through 340-248-0280  and maintain a
			 current address on file with DEQ. DEQ may suspend or revoke the license,
			 certification, or accreditation of any person who does not comply with this
			 section.
(8) DEQ may require
			 training providers to ask applicants to provide their social security number
			 and to retain records of those numbers for DEQ's use in identifying and
			 tracking workers and supervisors. Trainers must notify each applicant that
			 providing their social security number is voluntary and explain how DEQ
			 proposes to use the social security number.
(9) A regional air pollution authority that
			 has been delegated authority under OAR 340-244-0020(2)  may inspect for and
			 enforce against violations of licensing and certification regulations. A
			 regional air pollution authority may not approve, deny, suspend or revoke a
			 training provider accreditation, contractor license, or worker certification,
			 but may refer violations to DEQ and recommend denials, suspensions, or
			 revocations.
Statutory/Other Authority: ORS 468 & 468A
Statutes/Other Implemented: ORS
				  468A.707
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 248 - ASBESTOS REQUIREMENTS › Section 340-248-0120 - Licensing and Certification Requirements: Contractor Licensing

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A contractor
			 must submit an application for a license on a DEQ-approved form and must
			 include the following:
(a) Documentation that
			 the contractor, or the contractor's employee representative, is a certified
			 supervisor;
(b) Certification that
			 the contractor has read and understands the applicable Oregon and federal rules
			 and regulations on asbestos abatement and agrees to comply with the rules and
			 regulations;
(c) A list of all
			 certificates or licenses, issued to the contractor by another jurisdiction,
			 that have been suspended or revoked during the past year, and a list of
			 asbestos-related enforcement actions taken against the contractor during the
			 past year;
(d) A list of additional
			 project supervisors for asbestos abatement projects and their certification
			 numbers;
(e) A summary of all
			 asbestos abatement projects the contractor conducted during the past 12 months;
			 and
(f) A license application
			 fee.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 248 - ASBESTOS REQUIREMENTS › Section 340-248-0130 - Licensing and Certification Requirements: Certification

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Application for Certification -- General
			 Requirements:
(a) A person wishing to become
			 a certified supervisor or relying on prior training, as provided in OAR
			 340-248-0160  must apply to DEQ, through the training provider, for
			 certification.
(b) A person
			 applying for worker certification without prior training and a certified worker
			 taking a refresher course must apply directly to the accredited training
			 provider using DEQ-approved forms.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 248 - ASBESTOS REQUIREMENTS › Section 340-248-0140 - Licensing and Certification Requirements: Training Provider Accreditation

Current through Register Vol. 63, No. 7, July 1, 2024
(1) General:
(a) A person may apply to become an Oregon
			 accredited asbestos training provider under this division.
(b) Only training providers DEQ accredits may
			 offer training in Oregon to satisfy the certification requirements contained in
			 this division.
(c) DEQ will
			 accredit each individual training course.
(d) Course instructors must have academic
			 credentials, demonstrated knowledge, prior training, or field experience in
			 their respective training roles.
(e) Training course providers must permit
			 representatives of DEQ or its designee to attend, evaluate and monitor a
			 training course without charge. DEQ is not required to give advance notice of
			 its inspection. DEQ may suspend or withdraw approval of a training course based
			 on the grounds specified in OAR 340-248-0140(4).
(f) All initial worker and supervisor
			 certification training, or initial refresher training involving persons wishing
			 to be certified in Oregon using prior training from an EPA approved
			 accreditation or certification course, must take place in Oregon.
(g) DEQ may require accredited training
			 providers to pay a fee to cover the reasonable travel expenses for one DEQ
			 representative to audit for compliance with this division any accredited
			 refresher course that is not offered in the State of Oregon. This fee is an
			 addition to the standard accreditation application fee.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 248 - ASBESTOS REQUIREMENTS › Section 340-248-0150 - Licensing and Certification Requirements: General Training Standards

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The training
			 provider must limit each class to a maximum of 25 participants unless DEQ
			 grants an exception in writing. The student to instructor ratio for hands-on
			 training must be equal to or less than ten to one (10:1). To apply for an
			 exception allowing class size to exceed 25, the course sponsor must submit the
			 following information in writing to DEQ and receive approval before expanding
			 the class size:
(a) The new class size
			 limit;
(b) The teaching methods and
			 techniques for training the proposed larger class;
(c) The protocol for conducting the written
			 examination; and
(d) Justification
			 for a larger class size.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 248 - ASBESTOS REQUIREMENTS › Section 340-248-0160 - Licensing and Certification Requirements: Prior Training

Current through Register Vol. 63, No. 7, July 1, 2024
A candidate may rely on successfully completing a training
				course accredited by a governmental agency other than DEQ to satisfy the
				training and examination requirements of OAR 340-248-0130  and 340-248-0140  if
				all of the following conditions are met:
(1) DEQ determines that the course and
			 examination requirements are equivalent to or exceed the requirements of OAR
			 340-248-0130  and 340-248-0140  for the level of certification sought or DEQ has
			 a reciprocity agreement with the other jurisdiction.
(2) To qualify for a refresher course and
			 certification, an applicant must have completed prior training during the two
			 years preceding the date the applicant applies to DEQ. Applicants must have a
			 current certification from EPA or an equivalent certification from another
			 state when applying under this section.
Publications: Publications referencedare available from the
				  agency.
Statutory/Other Authority: ORS 468 & 468A
Statutes/Other Implemented: ORS
				  468A.745
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 248 - ASBESTOS REQUIREMENTS › Section 340-248-0170 - Licensing and Certification Requirements: Reciprocity

Current through Register Vol. 63, No. 7, July 1, 2024
DEQ may develop reciprocity agreements with other jurisdictions
				regarding all activities under this division.
Statutory/Other Authority: ORS 468 & 468A
Statutes/Other Implemented: ORS
				  468A.745
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 248 - ASBESTOS REQUIREMENTS › Section 340-248-0180 - Licensing and Certification Requirements: Fees

Current through Register Vol. 63, No. 7, July 1, 2024
(1) DEQ may assess the following fees to
			 provide revenues to operate the asbestos control program.
(a) Contractor Licenses: A non-refundable
			 license application fee of $1,270 for a one-year Asbestos Abatement Contractor
			 license;
(b) Worker and Supervisor
			 Certifications: A non-refundable application fee of $82 for a one-year
			 certification as an asbestos supervisor and $57 for a one-year certification as
			 an asbestos worker;
(c) Training
			 Provider Accreditation: A non-refundable accreditation application fee of:
(A) $394 for a one-year accreditation to
			 provide a course for training asbestos supervisors;
(B) $394 for a one-year accreditation to
			 provide a course for training asbestos workers; and
(C) $394 each for a one-year accreditation to
			 provide a course for refresher training for Oregon asbestos
			 certification.
(d)
			 Asbestos Abatement Project Notification fee required under OAR
			 340-248-0260.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 248 - ASBESTOS REQUIREMENTS › Section 340-248-0205 - Emission Standards and Procedural Requirements: General Provisions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A person may
			 not openly accumulate friable asbestos material or asbestos-containing waste
			 material.
(2) Contractors working
			 on asbestos abatement projects at secure facilities must ensure that all
			 security clearance requirements are completed before asbestos abatement
			 projects at secure facilities start so that DEQ inspectors may gain immediate
			 access to perform required asbestos project inspections.
(3) A person may not sand, grind, saw, or
			 abrade asbestos-containing material unless during such activity the material is
			 handled and disposed of as friable asbestos material as this division
			 provides.
(4) The content of
			 asbestos in asbestos-containing material must be determined using the method
			 specified by the Environmental Protection Agency as listed in EPA/600/R-93/116,
			 July 1993, "Method for the Determination of Asbestos in Bulk Building
			 Materials" or another substantially similar method approved by DEQ. Bulk
			 samples must not be composited for analysis.
To view tables referenced in rule text,
click here to view
				  rule
.
Statutory/Other Authority: ORS
				  468.020,
				  468A.025,
				  468A.135  & 468A.745
Statutes/Other Implemented: ORS
				  468A.700  - 468A.760
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 248 - ASBESTOS REQUIREMENTS › Section 340-248-0210 - Emission Standards and Procedural Requirements: Asbestos Requirements for Mills, Roadways and Parking lots, and Manufacturing Operations

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Emission
			 standard for asbestos mills. No person may cause or allow to be discharged into
			 the atmosphere visible emissions, including fugitive emissions, from any
			 asbestos milling operation except as provided under OAR 340-248-0275(2)  Air
			 Cleaning. For purposes of this rule, the presence of uncombined water in the
			 emission plume is not a violation of the visible emission requirement. Outside
			 storage of asbestos materials is not part of an asbestos mill operation. The
			 owner or operator of an asbestos mill must meet the following requirements:
(a) Monitor each potential source of asbestos
			 emissions from a part of the mill facility, including air cleaning devices,
			 process equipment, and buildings that house equipment for material processing
			 and handling, at least once each day, during daylight hours, for visible
			 emissions to the outside air during periods of operations. The monitoring must
			 be by visual observation of at least 15 seconds duration per source of
			 emissions.
(b) Inspect each air
			 cleaning device at least once each week for proper operation and for changes
			 that signal the potential for malfunction including, to the maximum extent
			 possible without dismantling other than opening the device, the presence of
			 tears, holes, and abrasions in filter bags and for dust deposits on the clean
			 side of bags. For air cleaning devices that cannot be inspected on a weekly
			 basis, submit to DEQ, revise as necessary, and implement a written maintenance
			 plan to include, at a minimum, a maintenance schedule and recordkeeping
			 plan.
(c) Maintain records of the
			 results of visible emissions monitoring and air cleaning device inspections
			 using a format approved by DEQ and including the following information:
(A) Date and time of each
			 inspection;
(B) Presence or absence
			 of visible emissions;
(C) Condition
			 of fabric filters, including presence of tears, holes, and abrasions;
(D) Presence of dust deposits on clean side
			 of fabric filters;
(E) Brief
			 description of corrective actions taken, including date and time; and
(F) Daily hours of operation for each air
			 cleaning device.
(d)
			 Furnish upon request, and make available at the affected facility during normal
			 business hours for inspection by DEQ, all records this section
			 requires.
(e) Retain a copy of all
			 monitoring and inspection records for at least two years.
(f) Submit a copy of visible emission
			 monitoring records to DEQ quarterly. The quarterly reports must be postmarked
			 by the 30th day following the end of the calendar quarter.
(g) Asbestos-containing waste material
			 produced by an asbestos milling operation must be disposed of according to OAR
			 340-248-0280.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 248 - ASBESTOS REQUIREMENTS › Section 340-248-0220 - Emission Standards and Procedural Requirements: Reporting Requirements for Asbestos Sources Using Air Cleaning Devices

Current through Register Vol. 63, No. 7, July 1, 2024
(1) New sources this rule covers must submit
			 the requested information 90 days before initial startup. The reporter must
			 submit changes in the information provided to DEQ within 30 days after the
			 change.
(2) Sources covered by OAR
			 340-248-0210(1)  Mills, 340-248-0210(3)  Manufacturing, 340-248-0275(4)
 
			 Fabricating, and 340-248-0230  Asbestos to Nonasbestos Conversion Operations,
			 must provide the following information to DEQ:
(a) A description of the emission control
			 equipment used for each process;
(b) If a fabric filter device is used to
			 control emissions:
(A) The airflow
			 permeability in m3/min/m2 (ft3/min/ft2) if the fabric filter device uses a
			 woven fabric, and, if the fabric is synthetic, whether the fill yarn is spun or
			 not spun; and
(B) If the fabric
			 filter device uses a felted fabric, the density in g/m2 (oz/yd2), the minimum
			 thickness in millimeters (inches), and the airflow permeability in m3/min/m2
			 (ft3/min/ft2); and
(c)
			 If a HEPA filter is used to control emissions, the certified
			 efficiency.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 248 - ASBESTOS REQUIREMENTS › Section 340-248-0230 - Emission Standards and Procedural Requirements: Asbestos to Nonasbestos Conversion Operations

Current through Register Vol. 63, No. 7, July 1, 2024
(1)  40
			 C.F.R. Part 61.155  is by this reference adopted and incorporated
			 herein.
(2) The following
			 substitutions are made in  40 C.F.R. Part 61.155 :
(a) "Administrator" means "DEQ";
(b)
									§61.150 means OAR
			 340-248-0280;
(c)
									§61.152
			 means OAR 340-248-0275(2)(a);
(d)
									§61.154 means OAR 340-248-0280;
(e)
									§61.154(e) means OAR
			 340-248-0280(10)(a); and
(f)
									§61.154(f) means OAR 340-248-0280(10)(b).
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 248 - ASBESTOS REQUIREMENTS › Section 340-248-0240 - Emission Standards and Procedural Requirements: Asbestos Inspection Requirements for Oregon Title V Operating Permit Program Sources

Current through Register Vol. 63, No. 7, July 1, 2024
This rule applies to renovation and demolition at major sources
				subject to the Oregon Title V Operating Permit program as defined in OAR
				340-200-0020.
(1) To determine
			 applicability of DEQ's asbestos regulations, the owner or operator of a
			 renovation or demolition activity must thoroughly survey, using an accredited
			 inspector, the affected area for the presence of asbestos, including nonfriable
			 asbestos. A copy of that survey report must remain on site during a demolition
			 or renovation activity.
(2) For
			 demolition or renovation where no asbestos-containing material is present, the
			 facility owner or operator, the owner or operator of a demolition or renovation
			 activity, or the contractor must submit written notification to DEQ on an
			 approved form. The submitter must provide notification as follows:
(a) Submit the notification, as specified in
			 section (3) of this rule, to DEQ at least 10 days before beginning a demolition
			 project.
(b) A notification of
			 demolition is void if the submitter does not notify DEQ before making a change
			 in the scheduled starting or completion date or any other substantive
			 change.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 248 - ASBESTOS REQUIREMENTS › Section 340-248-0250 - Emission Standards and Procedural Requirements: Exemptions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The following
			 asbestos abatement projects are exempt from certain provisions of this
			 division:
(a) Asbestos abatement conducted
			 inside a single unit private residence is exempt from OAR 340-248-0110  through
			 340-248-0180, 340-248-0210  through 340-248-0240  and 340-248-0260  through
			 340-248-0270  if the owner occupies the residence and the owner occupant is
			 performing the asbestos abatement project.
(b) Asbestos abatement the owner conducts
			 outside of a single unit private residence is exempt from the notification
			 requirements contained in OAR 340-248-0260, if the residence is not a rental
			 property, a commercial business, or intended to be demolished.
(c) Demolition and renovation at residential
			 buildings with four or fewer dwelling units, that were constructed after
			 January 1, 2004, are exempt from the provisions of OAR
			 340-248-0270(1).
(d) Demolition and
			 renovation are exempt from the provisions of OAR 340-248-0270(1)  if all of the
			 materials at the affected facility are treated, removed, handled, managed,
			 transported, and disposed of as friable asbestos-containing material as
			 required by this division.
(e)
			 Projects that involve removing mastics and roofing products that are fully
			 encapsulated with a petroleum-based binder and are not hard, dry, or brittle
			 are exempt from OAR 340-248-0110  through 340-248-0280  provided the materials
			 are not made friable.
(f) Projects
			 that involve removing less than three square feet or three linear feet of
			 asbestos-containing material are exempt from OAR 340-248-0110  through
			 340-248-0180, the notification requirements in 340-248-0260, and the survey
			 requirements in 340-248-0270, provided that removing asbestos is not the
			 primary objective, is part of a needed repair operation, and the methods of
			 removal comply with OAR 437-003-1926.1101 Asbestos, paragraph (g) Methods of
			 Compliance, in Division 3 Construction, Subdivision Z Toxic and Hazardous
			 Substances. Asbestos abatement projects may not be subdivided into smaller
			 sized units in order to qualify for this exemption.
(g) Projects that involve removing
			 asbestos-containing materials that are sealed from the atmosphere by a rigid
			 casing are exempt from OAR 340-248-0110  through 340-248-0275, provided the
			 casing is not broken or otherwise altered such that asbestos fibers could be
			 released during removal, handling, and transport to a permitted disposal
			 site.
(h) Small-scale short
			 duration renovation and maintenance activities are exempt from the requirement
			 to have a certified supervisor present on the asbestos abatement
			 project.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 248 - ASBESTOS REQUIREMENTS › Section 340-248-0275 - Emission Standards and Procedural Requirements: Asbestos Standards for Air Cleaning, Spraying, Molded Insulation, and Fabricating

Current through Register Vol. 63, No. 7, July 1, 2024
The following methods must be employed for air cleaning,
				fabricating, and sprayed-on and molded insulation applications:
(1) Options for Air Cleaning. Rather than
			 meet the no visible emissions requirements of OAR 340-248-0210(1) and (3),
			 owners and operators may elect to use methods specified in Section
			 (2).
(2) Air Cleaning. All persons
			 electing to use air cleaning methods rather than comply with the no visible
			 emission requirements must comply with (a), (b), and (c) of this section:
(a) All persons electing to use air cleaning
			 methods must meet one of the provisions in this subsection:
(A) Fabric filter collection devices must be
			 used, except as provided in subsections (b) and (c) of this section. Such
			 devices must be operated at a pressure drop of no more than four inches (10.16
			 cm) water gauge as measured across the filter fabric. The air flow
			 permeability, as determined by ASTM Method D737-75, must not exceed 30
			 ft.3/min./ft.2 (9 m3/min./m2) for woven fabrics or 35 ft.3/min./ft.2 (11
			 m3/min./m2) for felted fabrics with the exception that airflow permeability of
			 40 ft.3/min./ft.2 (12 m3/min./m2) for woven and 45 ft.3/min./ft.2 (14
			 m3/min./m2) for felted fabrics must be allowed for filtering air emissions from
			 asbestos ore dryers. Each square yard of felted fabric must weigh at least 14
			 ounces (475 grams per square meter) and be at least 1/16 inch (1.6 mm) thick
			 throughout. Synthetic fabrics used must not contain fill yarn other than that
			 which is spun;
(B) If using fabric
			 filters creates a fire or explosion hazard, DEQ may authorize the use of wet
			 collectors designed to operate with a unit contacting energy of at least 40
			 inches (101.6 cm) of water gauge pressure;
(C) If High Efficiency Particulate Air (HEPA)
			 filters are used to control emissions the certified efficiency must be at least
			 99.97 percent for particles 0.3 microns or greater; or
(D) DEQ may authorize using filtering
			 equipment other than that described in this section if such filtering equipment
			 is satisfactorily demonstrated to provide filtering of asbestos material
			 equivalent to that of the described equipment.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 248 - ASBESTOS REQUIREMENTS › Section 340-248-0280 - Emission Standards and Procedural Requirements: Asbestos Disposal Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
Work practices and procedures for packaging, storing,
				transporting, and disposing of asbestos-containing waste material: The asbestos
				waste generator, transporter, owner or operator of a disposal site, and the
				owner or operator of other sources of asbestos-containing waste material must
				meet the following standards:
(1)
			 There may be no visible emissions to the atmosphere during the collection;
			 processing; packaging; transporting; or deposition of any asbestos-containing
			 waste material.
(2) All
			 asbestos-containing waste materials must be either:
(a) Processed into nonfriable pellets or
			 other shapes; or
(b) Adequately
			 wetted to ensure that they remain wet until delivered to a disposal site
			 permitted to accept such material and packaged in leak-tight containers such as
			 within two plastic bags, each with a minimum thickness of 6 mil., within a
			 fiber or metal drum, or within a similar leak-tight packaging. Containers must
			 be labeled as follows:
(A) The name of the
			 asbestos waste generator and the location where the waste was generated;
			 and
(B) A warning label that
			 complies with either subparagraph (i) or (ii):
(i) A warning label that states the following
			 in bold, all-capital letters and separated as shown here:
"DANGER
CONTAINS ASBESTOS FIBERS
AVOID CREATING DUST
CANCER AND LUNG DISEASE HAZARD
AVOID BREATHING AIRBORNE
ASBESTOS FIBERS"
(ii) Alternatively, warning labels specified
			 by 29
			 C.F.R. 1926.1101(k)(7) may
			 be used.
(C) The
			 containers must be labeled prior to removal from the regulated area.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 248 - ASBESTOS REQUIREMENTS › Section 340-248-0290

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS 468.020, ORS 468A.025, ORS 468A.135& ORS
				  468A.745
Stats. Implemented: ORS 468A.700 - ORS
				  468A.760
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 250 - GENERAL CONFORMITY › Section 340-250-0010 - Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The purpose of
			 these rules is to implement Section 176(c) of the Clean Air Act (Act), ( Public
			 Law 88-206 as last amended by
			 Public Law
			 101-549) and regulations under
40 CFR Part
			 51 subpart W (July 1, 1994
), with respect to the conformity of general
			 federal actions to the applicable implementation plan. Under those authorities
			 no department, agency or instrumentality of the federal Government shall engage
			 in, support in any way or provide financial assistance for, license or permit,
			 or approve any activity which does not conform to an applicable implementation
			 plan. These rules set forth policy, criteria, and procedures for demonstrating
			 and assuring conformity of such actions to the applicable implementation
			 plan.
(2) Under Section 176(c) of
			 the Act and
40 CFR Part 51  subpart W (July 1, 1994
), a federal
			 agency must make a determination that a federal action conforms to the
			 applicable SIP in accordance with this division before the action is
			 taken.
(3) Section (2) of this rule
			 does not include federal actions where either:
(a) A National Environmental Policy Act
			 (NEPA) analysis was completed as evidenced by a final environmental assessment
			 (EA), environmental impact statement (EIS), or finding of no significant impact
			 (FONSI) that was prepared prior to January 31, 1994; or
(b) the following has been completed:
(A) Prior to January 31, 1994, an EA was
			 commenced or a contract was awarded to develop the specific environmental
			 analysis;
(B) Sufficient
			 environmental analysis is completed by March 15, 1994 so that the federal
			 agency may determine that the federal action is in conformity with the specific
			 requirements and the purposes of the applicable SIP pursuant to the agency's
			 affirmative obligation under Section 176(c) of the Act; and
(C) A written determination of conformity
			 under Section 176(c) of the Act has been made by the federal agency responsible
			 for the federal action by March 15, 1994.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 250 - GENERAL CONFORMITY › Section 340-250-0020 - Applicability

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Conformity
			 determinations for federal actions in a nonattainment area or maintenance area
			 related to transportation plans, programs, and projects developed, funded, or
			 approved under title 23 U.S.C. or the Federal Transit Laws (49 U.S.C. Chapter
			 53) must meet the procedures and criteria for transportation conformity as set
			 forth in OAR 340 division 252, in lieu of the procedures set forth in this
			 division.
(2) For federal actions
			 in a nonattainment area or maintenance area not covered by section (1) of this
			 rule, a conformity determination is required for each pollutant where the total
			 of direct and indirect emissions caused by a federal action would equal or
			 exceed any of the rates in sections (3)(a) and (b) of this rule.
(3) The following emission rates apply to
			 federal actions pursuant to section (2) of this rule:
(a) For nonattainment areas:
Pollutant
			 -- Tons per year
:
(A) Ozone (VOCs or
			 NOx):
(i) Serious NAAs -- 50;
(ii) Severe NAAs -- 25;
(iii) Extreme NAAs -- 10;
(iv) Other ozone NAAs (Outside an ozone
			 transport region) -- 100;
(v)
			 Marginal & moderate NAAs (Inside an ozone transport region):
(I) VOC -- 50;
(II) NOx --
			 100.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 250 - GENERAL CONFORMITY › Section 340-250-0030 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
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) "Affected federal land manager" means the
			 federal agency or the federal official charged with direct responsibility for
			 management of an area designated as Class I under the Act that is located
			 within 100 km of the proposed federal action.
(2) "Applicable implementation plan" or
			 "applicable SIP" means the portion (or portions) of the applicable SIP or most
			 recent revision thereof, which has been approved under Section 110 of the Act,
			 or promulgated under Section 110(c) of the Act (Federal implementation plan),
			 or promulgated under Section 301(d) of the Act which implements the relevant
			 requirements of the Act.
(3)
			 "Areawide air quality modeling analysis" means an assessment on a scale that
			 includes the entire nonattainment area or maintenance area which uses an air
			 quality dispersion model to determine the effects of emissions on air quality.
(4) "Cause or contribute to any
			 new violation of any standard in any area" means a federal action that:
(a) Causes a new violation of a NAAQS at a
			 location in a nonattainment area or maintenance area which would otherwise not
			 be in violation of the standard during the future period in question if the
			 federal action were not taken; or
(b) Contributes, in conjunction with other
			 reasonably foreseeable actions, to a new violation of a NAAQS at a location in
			 a nonattainment area or maintenance area in a manner that would increase the
			 frequency or severity of the new violation.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 250 - GENERAL CONFORMITY › Section 340-250-0040 - Conformity Analysis

Current through Register Vol. 63, No. 7, July 1, 2024
Any federal department, agency, or instrumentality of the
				federal government taking an action subject to OAR
				340-250-0020(3)  must make its own conformity determination
				consistent with the requirements of this division. In making its conformity
				determination, a federal agency must consider comments from any interested
				parties. Where multiple federal agencies have jurisdiction for various aspects
				of a project, a federal agency may choose to adopt the analysis of another
				federal agency or develop its own analysis in order to make its conformity
				determination.
[
NOTE:
This rule is included in the State of
				Oregon Clean Air Act Implementation Plan as Adopted by the Environmental
				Quality Commission under OAR
				340-200-0040.]
Stat. Auth.: ORS 468.020 & ORS 468A.035
Stats. Implemented: ORS
				  468A.035
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 250 - GENERAL CONFORMITY › Section 340-250-0050 - Reporting Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A
			 federal agency making a conformity determination under OAR
			 340-250-0080  must provide to the appropriate EPA Regional Office(s), state and local air
			 quality agencies and, where applicable, affected federal land managers, the
			 agency designated under Section 174 of the Act and the MPO a 30 day notice
			 which describes the proposed action and the federal agency's draft conformity
			 determination on the action.
(2) A
			 federal agency must notify the appropriate EPA Regional Office(s), state and
			 local air quality agencies and, where applicable, affected land managers, the
			 agency designated under Section 174 of the Clean Air Act and the MPO within 30
			 days after making a final conformity determination under OAR
			 340-250-0080.
[
NOTE:
This rule is included in the State of
				Oregon Clean Air Act Implementation Plan as Adopted by the Environmental
				Quality Commission under OAR
				340-200-0040.]
Stat. Auth.: ORS 468.020 & ORS 468A.035
Stats. Implemented: ORS
				  468A.035
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 250 - GENERAL CONFORMITY › Section 340-250-0060 - Public Participation

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Upon
			 request by any person regarding a specific federal action, a federal agency
			 must make available for review its draft conformity determination under OAR
			 340-250-0080  with supporting material which describe the analytical methods, assumptions and
			 conclusions relied upon in making the applicability analysis and draft
			 conformity determination.
(2) A
			 federal agency must make public its draft conformity determination under
			 340-250-0080  by placing a notice by prominent advertisement in a daily newspaper of general
			 circulation in the area affected by the action and by providing 30 days for
			 written public comment prior to taking any formal action on the draft
			 determination. This comment period may be concurrent with any other public
			 involvement, such as occurs in the NEPA process.
(3) A federal agency must document its
			 response to all the comments received on its draft conformity determination
			 under OAR
			 340-250-0080  and make the comments and responses available, upon request by any person
			 regarding a specific federal action, within 30 days of the final conformity
			 determination.
(4) A federal agency
			 must make public its final conformity determination under
			 340-250-0080  for a federal action by placing notice by prominent advertisement in a daily
			 newspaper of general circulation in the area affected by the action within 30
			 days of the final conformity determination.
[
NOTE:
This rule is included in the State of
				Oregon Clean Air Act Implementation Plan as Adopted by the Environmental
				Quality Commission under OAR
				340-200-0040.]
Stat. Auth.: ORS 468.020 & ORS 468A.035
Stats. Implemented: ORS
				  468A.035