reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 212 - STATIONARY SOURCE TESTING AND MONITORING › Section 340-212-0280 - Savings Provisions

Current through Register Vol. 63, No. 7, July 1, 2024
Nothing in OAR
				340-212-0200 through
				340-212-0280:
(1) Excuses the owner or operator of
			 a source from complying with any existing emission limitation or standard, or
			 with any existing monitoring, testing, reporting, or recordkeeping requirement
			 that may apply under federal, state, or local law, or any other applicable
			 requirements under the FCAA. The requirements of OAR
			 340-212-0200  through
			 340-212-0280  may not be used to justify the approval of monitoring less stringent than the
			 monitoring required under separate legal authority. Nor are they intended to
			 establish minimum requirements for the purpose of determining the monitoring to
			 be imposed under separate authority under the FCAA, including monitoring in
			 permits issued pursuant to title I of the FCAA.
(2) Restricts or abrogates the authority of
			 the Administrator or DEQ to impose additional or more stringent monitoring,
			 recordkeeping, testing, or reporting requirements on any owner or operator of a
			 source under any provision of the FCAA, including but not limited to sections
			 114(a)(1) and 504(b), or state law, as applicable;
(3) Restricts or abrogates the authority of
			 the Administrator or DEQ to take any enforcement action under the FCAA for any
			 violation of an applicable requirement or of any person to take action under
			 section 304 of the FCAA.
Stat. Auth.: ORS 468.020 & 468A.310
Stats. Implemented: ORS
				  468A.310
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 214 - STATIONARY SOURCE REPORTING REQUIREMENTS › Section 340-214-0005 - Applicability and Jurisdiction

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 This division applies in all areas of the state.
(2) Subject to the requirements in this
			 division and OAR
			 340-200-0010(3),
			 LRAPA is designated by the EQC to implement the rules in this division within
			 its area of jurisdiction.
NOTE
: This rule is included in the State of Oregon
				Clean Air Act Implementation Plan that EQC adopted under OAR
				340-200-0040.
Stat. Auth.: ORS 468.020, 468A.050 & 468A.135
Stats. Implemented: ORS 468A.025, 468A.050 &
				  468A.135
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 214 - STATIONARY SOURCE REPORTING REQUIREMENTS › Section 340-214-0010 - 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) "Large source", as used in OAR
			 340-214-0300  through
			 340-214-0350,
			 means any stationary source required to maintain a Title V Operating Permit or
			 whose actual emissions or potential controlled emissions while operating full
			 time at the design capacity are equal to or exceed 100 tons per year of any
			 regulated pollutant other than GHG.
(2) "Small source" means any other stationary
			 source that is not a large source and that operates under a basic, general,
			 simple or standard ACDP.
NOTE
: This rule is included in the State of Oregon
				Clean Air Act Implementation Plan that EQC adopted under OAR
				340-200-0040.
Stat. Auth.: ORS 468.020 & 468A
Stats. Implemented: ORS 468A.025 &
				  468A.050
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 214 - STATIONARY SOURCE REPORTING REQUIREMENTS › Section 340-214-0100 - Applicability

Current through Register Vol. 63, No. 7, July 1, 2024
OAR
				340-214-0100 through
				340-214-0130 apply to all stationary sources in the state. Stationary source includes
				portable sources that are required to have permits under division 216.
NOTE
: This rule is included in the State of Oregon
				Clean Air Act Implementation Plan that EQC adopted under OAR
				340-200-0040.
Stat. Auth.: ORS 468.020 & 468A.050
Stats. Implemented: ORS 468A.025 &
				  468A.050
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 214 - STATIONARY SOURCE REPORTING REQUIREMENTS › Section 340-214-0110 - Reporting: Request for Information

Current through Register Vol. 63, No. 7, July 1, 2024
All stationary sources must provide in a reasonably timely
				manner any and all information that DEQ reasonably requires for the purpose of
				regulating stationary sources. Such information may be required on a one-time,
				periodic, or continuous basis and may include, but is not limited to,
				information necessary to:
(1) Issue a
			 permit and ascertain compliance or noncompliance with the permit terms and
			 conditions;
(2) Ascertain
			 applicability of any requirement;
(3) Ascertain compliance or noncompliance
			 with any applicable requirement; and
(4) Incorporate monitoring, recordkeeping,
			 reporting, and compliance certification requirements into a permit.
NOTE: This rule is included in the State of Oregon Clean Air
				Act Implementation Plan that EQC adopted under OAR 340-200-0040.
Statutory/Other Authority: ORS
				  468.020 & 468A
Statutes/Other Implemented: ORS
				  468A.025 &
				  468A.050
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 214 - STATIONARY SOURCE REPORTING REQUIREMENTS › Section 340-214-0114 - Reporting: Records; Maintaining and Reporting

Current through Register Vol. 63, No. 7, July 1, 2024
(1) When notified
			 by DEQ, any person owning or operating a source within the state must keep and
			 maintain written records of the nature, type, and amounts of emissions from
			 such source and other information DEQ may require in order to determine whether
			 the source is in compliance with applicable emission rules, limitations, or
			 control measures.
(2) The records
			 must be prepared in the form of a report and submitted to DEQ on an annual,
			 semi-annual, or more frequent basis, as requested in writing by DEQ. Submittals
			 must be filed at the end of the first full period after DEQ's notification to
			 such persons owning or operating a stationary air contaminant source of these
			 recordkeeping requirements. Unless otherwise required by rule or permit,
			 semi-annual periods are Jan. 1 to June 30, and July 1 to Dec. 31. A more
			 frequent basis for reporting may be required due to noncompliance or if
			 necessary to protect human health or the environment.
(3) The required reports must be completed on
			 forms approved by DEQ and submitted within 30 days after the end of the
			 reporting period, unless otherwise authorized by permit.
(4) All reports and certifications submitted
			 to DEQ under divisions 200 to 264 must accurately reflect the monitoring,
			 record keeping and other documentation held or performed by the owner or
			 operator.
(5) The owner or operator
			 of any source required to obtain a permit under OAR 340 division 216 or 218
			 must retain records of all required monitoring data and supporting information
			 for a period of at least five years from the date of the monitoring sample,
			 measurement, report, or application. For the owner or operator of a source
			 permitted under OAR 340 division 216, this requirement takes effect on July 1,
			 2015.
NOTE: This rule is included in the State of Oregon Clean Air
				Act Implementation Plan that EQC adopted under OAR 340-200-0040.
Statutory/Other Authority: ORS
				  468.020,
				  468A.050 & 468A.310
Statutes/Other Implemented: ORS
				  468A.025,
				  468A.050 &
				  468A.310
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 214 - STATIONARY SOURCE REPORTING REQUIREMENTS › Section 340-214-0120 - Enforcement

Current through Register Vol. 63, No. 7, July 1, 2024
Notwithstanding any other provisions contained in any
				applicable requirement, any credible evidence may be used for the purpose of
				establishing whether a person has violated or is in violation of any such
				applicable requirements.
NOTE
: This rule is included in the State of Oregon
				Clean Air Act Implementation Plan as adopted by the EQC under OAR
				340-200-0040.
Stat. Auth.: ORS 468.035
Stats. Implemented: ORS
				  468.100
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 214 - STATIONARY SOURCE REPORTING REQUIREMENTS › Section 340-214-0130 - Reporting: Information Exempt from Disclosure

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Pursuant to the
			 provisions of ORS 192.410 to
			 192.505, all information
			 submitted to DEQ is subject to inspection upon request by any person unless
			 such information is determined to be exempt from disclosure pursuant to section
			 (2) or (3).
(2) If an owner or
			 operator claims that any writing, as that term is defined in ORS
			 192.410, is confidential or
			 otherwise exempt from disclosure, in whole or in part, the owner or operator
			 must comply with the following procedures:
(a)
			 The writing must be clearly marked with a request for exemption from
			 disclosure. For a multi-page writing, each page must be so marked.
(b) The owner or operator must state the
			 specific statutory provision under which it claims exemption from disclosure
			 and explain why the writing meets the requirements of that provision.
(c) For writings that contain both exempt and
			 non-exempt material, the proposed exempt material must be clearly
			 distinguishable from the non-exempt material. If possible, the exempt material
			 must be arranged so that it is placed on separate pages from the non-exempt
			 material.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 214 - STATIONARY SOURCE REPORTING REQUIREMENTS › Section 340-214-0200 - Purpose and Applicability

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 The purpose of these rules is to obtain data on actual emissions of VOCs and
			 NOx from sources in ozone nonattainment areas, in accordance with FCAA
			 requirements, for the purpose of monitoring progress toward attainment of the
			 ozone ambient air quality standards.
(2) OAR
			 340-214-0200  through
			 340-214-0220  apply to sources of VOC and NOx in ozone nonattainment areas that have a PSEL
			 equal to or greater than 25 tons per year for either regulated pollutant, or
			 whose actual emissions are equal to or greater than 25 tons per year for either
			 regulated pollutant.
(3) For
			 purposes of establishing consistent emission reporting requirements, owners or
			 operators of VOC and NOx sources already subject to Oregon Title V Operating
			 Permit Fees, OAR 340 division 220, and electing to pay fees based on actual
			 emissions must report emission data to DEQ, utilizing procedures identified in
			 those rules to calculate actual VOC and NOx emissions, to the extent
			 applicable. Owners or operators of other sources must use current and
			 applicable emission factors and actual production data to estimate and report
			 actual emissions.
NOTE
: This rule is included in the State of Oregon
				Clean Air Act Implementation Plan that EQC adopted under OAR
				340-200-0040.
Stat. Auth.: ORS 468.020, 468A.050, 468A.070 &
				  468A.310
Stats. Implemented: ORS 468A.050, 468A.070 &
				  468A.310
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 214 - STATIONARY SOURCE REPORTING REQUIREMENTS › Section 340-214-0210 - Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Owners or
			 operators of VOC and NOx sources subject to the requirements of OAR
			 340-214-0200  through
			 340-214-0220  must submit data annually on the average actual emissions during the ozone
			 season to DEQ. These Emission Statements must contain the following
			 information:
(a) Certification that the
			 information contained in the statement is accurate to the best of the
			 certifying individual's knowledge;
(b) Source identification information: full
			 name, physical location, mailing address of the facility, and permit number;
			 and
(c) Emissions information:
(A) The VOC and NOx actual emissions on an
			 average operating day basis during the preceding year's ozone season, by source
			 category. For the purpose of this requirement, actual emissions include, but
			 are not limited to routine process emissions, fugitive emissions, excess
			 emissions from maintenance, startups and shutdowns, equipment malfunction, and
			 other activities; and
(B) Each
			 emission factor used and the reference source for the emission factor, if
			 applicable, or an explanation of any other method or procedure used to
			 calculate emissions, e.g., material balance, source test, or continuous
			 monitoring.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 214 - STATIONARY SOURCE REPORTING REQUIREMENTS › Section 340-214-0220 - Submission of Emission Statement

Current through Register Vol. 63, No. 7, July 1, 2024
The owner or operator of any facility meeting the applicability
				requirements stated in OAR
				340-214-0200 must submit annual Emission Statements to DEQ. The Emission Statement for the
				preceding calendar year is due to DEQ no later than the due date for the annual
				permit report specified in the source's ACDP or Oregon Title V Operating
				Permit.
NOTE
: This rule is included in the State of Oregon
				Clean Air Act Implementation Plan that EQC adopted under OAR
				340-200-0040.
Stat. Auth.: ORS 468.020 & 468A.050, 468A.070 &
				  468A.310
Stats. Implemented: ORS 468A.050, 468A.070 &
				  468A.310
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 214 - STATIONARY SOURCE REPORTING REQUIREMENTS › Section 340-214-0300 - Purpose and Applicability

Current through Register Vol. 63, No. 7, July 1, 2024
Emissions of air contaminants in excess of applicable standards
				or permit conditions are unauthorized and subject to enforcement action. OAR
				340-214-0300 through
				340-214-0360 apply to any source that emits air contaminants in excess of any applicable air
				quality rule or permit condition, including but not limited to excess emissions
				resulting from the breakdown of air pollution control devices or operating
				equipment, process upset, startup, shutdown, or scheduled maintenance. Sources
				that do not emit air contaminants in excess of any applicable air quality rule
				or permit condition are not subject to the recordkeeping and reporting
				requirements in
				340-214-0300 through
				340-214-0360.
				Emissions in excess of applicable standards are not excess emissions if the
				standard is in an NSPS or NESHAP and the NSPS or NESHAP exempts startups,
				shutdowns and malfunctions as defined in the applicable NSPS or NESHAP. The
				purpose of these rules is to:
(1)
			 Require that, where applicable, the owner or operator immediately report all
			 excess emissions to DEQ;
(2)
			 Require the owner or operator to submit information and data regarding
			 conditions that resulted or could result in excess emissions;
(3) Identify criteria for DEQ to use in
			 determining whether it will take enforcement action against an owner or
			 operator for an excess emission; and
(4) Provide owners and operators of sources
			 with Oregon Title V Operating Permits an affirmative defense to a penalty
			 action when noncompliance with technology-based emission limits is due to an
			 emergency, as provided in OAR
			 340-214-0360.
NOTE
: This rule is included in the State of Oregon
				Clean Air Act Implementation Plan that EQC adopted under OAR
				340-200-0040.
Stat. Auth.: ORS 468.020, 468A.050 & 468A.310
Stats. Implemented: ORS 468A.050 &
				  468A.310
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 214 - STATIONARY SOURCE REPORTING REQUIREMENTS › Section 340-214-0310 - Planned Startup and Shutdown

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 This rule applies to any source where startup or shutdown of a production
			 process or system may result in excess emissions, and
(a) That is a major source; or
(b) That is in a non-attainment or
			 maintenance area for the regulated pollutant which may constitute excess
			 emissions; or
(c) From which DEQ
			 requires the application in section (2).
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 214 - STATIONARY SOURCE REPORTING REQUIREMENTS › Section 340-214-0320 - Scheduled Maintenance

Current through Register Vol. 63, No. 7, July 1, 2024
(1) If the
			 owner or operator anticipates that scheduled maintenance of air contaminant
			 sources or air pollution control devices may result in excess emissions, the
			 owner or operator must obtain prior DEQ authorization of procedures that will
			 be used. The owner or operator must submit a written application for approval
			 of new procedures or modifications to existing procedures. The application must
			 be submitted in time for DEQ to receive it at least 72 hours before the first
			 occurrence of a maintenance event to which the procedures apply. The
			 application must:
(a) Explain the need for
			 maintenance, including but not limited to:
(A) Why the maintenance activity is
			 necessary;
(B) Why it would be
			 impractical to shut down the source operation during the maintenance activity;
(C) If applicable, why air
			 pollution control devices must be by-passed or operated at reduced efficiency
			 during the maintenance activity; and
(D) Why the excess emissions could not be
			 avoided through better scheduling for maintenance or through better operation
			 and maintenance practices.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 214 - STATIONARY SOURCE REPORTING REQUIREMENTS › Section 340-214-0330 - Excess Emissions and Emergency Provision: All Other Excess Emissions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) For all other
			 excess emissions not addressed in OAR 340-214-310, 340-214-320, or 340-214-360,
			 the following requirements apply:
(a) The
			 owner or operator of a large source, as defined by OAR 340-214-0010, must
			 immediately notify DEQ of the first onset per calendar day of any excess
			 emissions event, unless otherwise specified by a permit condition.
(b) The owner or operator of a small source,
			 as defined by OAR 340-214-0010, need not immediately notify DEQ of excess
			 emissions events unless otherwise required by a permit condition, written
			 notice by DEQ, or if the excess emission is of a nature that could endanger
			 public health.
(c) Additional
			 reporting and recordkeeping requirements are specified in OAR
			 340-214-0340.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 214 - STATIONARY SOURCE REPORTING REQUIREMENTS › Section 340-214-0340 - Reporting Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
(1) For
			 any excess emissions event at a source with an Oregon Title V Operating Permit
			 and for any other source as required by permit, the owner or operator must
			 submit a written report of excess emissions for each calendar day of the event.
			 The report must be submitted within 15 days of the date of the event and
			 include the following:
(a) The date and time
			 of the beginning of the excess emissions event and the duration or best
			 estimate of the time until return to normal operation;
(b) The date and time the owner or operator
			 notified DEQ of the event;
(c) The
			 equipment involved;
(d) Whether
			 the event occurred during planned startup, planned shutdown, scheduled
			 maintenance, or as a result of a breakdown, malfunction, or emergency;
(e) Steps taken to mitigate
			 emissions and corrective actions taken, including whether the approved
			 procedures for a planned startup, shutdown, or maintenance activity were
			 followed;
(f) The magnitude and
			 duration of each occurrence of excess emissions during the course of an event
			 and the increase over normal rates or concentrations as determined by
			 continuous monitoring or a best estimate, supported by operating data and
			 calculations;
(g) The final
			 resolution of the cause of the excess emissions; and
(h) Where applicable, evidence supporting any
			 claim that emissions in excess of technology-based limits were due to an
			 emergency pursuant to OAR
			 340-214-0360.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 214 - STATIONARY SOURCE REPORTING REQUIREMENTS › Section 340-214-0350 - Enforcement Action Criteria

Current through Register Vol. 63, No. 7, July 1, 2024
In determining whether to take enforcement action for excess
				emissions, DEQ considers, based upon information submitted by the owner or
				operator, the following:
(1) Whether
			 the owner or operator met the notification, recordkeeping and reporting
			 requirements of OAR
			 340-214-0330  and
			 340-214-0340;
(2) Whether during the period of
			 the excess emissions event the owner or operator took all reasonable steps to
			 minimize levels of emissions that exceeded the emission standards, or other
			 permit requirements;
(3) Whether
			 the owner or operator took the appropriate remedial action;
(4) Whether the event was due to the owner's
			 or operator's negligent or intentional operation. For DEQ to find that an
			 incident of excess emissions was not due to the owner's or operator's negligent
			 or intentional operation, DEQ may ask the owner or operator to demonstrate that
			 all of the following conditions were met:
(a)
			 The process or handling equipment and the air pollution control device were at
			 all times maintained and operated in a manner consistent with good practice for
			 minimizing emissions;
(b) Repairs
			 or corrections were made in an expeditious manner when the owner or operator
			 knew or should have known that emission limits were being or were likely to be
			 exceeded. "Expeditious manner" may include activities such as use of overtime
			 labor or contract labor and equipment that would reduce the amount and duration
			 of excess emissions; and
(c) The
			 event was not one in a recurring pattern of incidents that indicate inadequate
			 design, operation, or maintenance;
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 214 - STATIONARY SOURCE REPORTING REQUIREMENTS › Section 340-214-0360 - Emergency as an Affirmative Defense for Title V Permitted Sources

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An emergency
			 constitutes an affirmative defense to penalty actions due to noncompliance with
			 technology-based emission limits in an Oregon Title V Operating Permit if the
			 owner or operator notifies DEQ immediately of the emergency condition and
			 provides and demonstrates through properly signed, contemporaneous operating
			 logs, excess emission logs, or other relevant evidence that:
(a) An emergency occurred and caused the
			 excess emissions;
(b) The cause of
			 the emergency;
(c) The facility
			 was at the time being properly operated;
(d) During the occurrence of the emergency,
			 the owner or operator took all reasonable steps to minimize levels of excess
			 emissions; and
(e) The
			 notification to DEQ contained a description of the emergency, any steps taken
			 to mitigate emissions, and corrective actions taken.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 215 - OREGON GREENHOUSE GAS REPORTING PROGRAM › Section 340-215-0010 - Purpose and Scope

Current through Register Vol. 63, No. 7, July 1, 2024
(1) This
			 division establishes greenhouse gas registering, reporting, and other
			 requirements for operators of certain facilities that emit greenhouse gases,
			 fuel suppliers, and electricity suppliers.
(2) Subject to the requirements in this
			 division and OAR 340-200-0010(3), the EQC designates LRAPA to implement the
			 rules in this division within its area of jurisdiction.
(3) This division incorporates the provisions
			 of  title 40, Code of Federal Regulations (C.F.R.), part 98  that are
			 specifically referenced in rules within the division. These provisions are a
			 portion of the U.S. Environmental Protection Agency (EPA) Final Rule on
			 Mandatory Reporting of Greenhouse Gases. Unless otherwise specified, references
			 in this division to  40 C.F.R. part 98  are to those requirements promulgated by
			 EPA and published in the Federal Register on December 9, 2016. Unless otherwise
			 specifically provided, for the provisions of  40 C.F.R. part 98  (the "federal
			 rules") that are incorporated by reference in this division:
(a) Wherever the term "Administrator" is used
			 in the federal rules, the term "Director of DEQ" will be substituted;
(b) Wherever the term "EPA" is used in the
			 federal rules, the term "Oregon Department of Environmental Quality" or "DEQ"
			 will be substituted; and
(c) Where
			 any incorporated provisions of  40 C.F.R. part 98  are in conflict with
			 requirements in this division, the requirements in this division shall take
			 precedence and are the provisions that reporting entities must
			 follow.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 215 - OREGON GREENHOUSE GAS REPORTING PROGRAM › Section 340-215-0030 - Applicability

Current through Register Vol. 63, No. 7, July 1, 2024
(1) This division
			 applies to all persons identified in sections (2) through (6) of this rule,
			 except as provided in OAR 340-215-0032  and 340-215-0034.
(2) Stationary sources and electric power
			 system facilities. Any person that owns or operates a source listed in
			 subsections (a) through (c) must register and report in compliance with this
			 division, if the source's direct GHG emissions meet or exceed 2,500 MT CO2e
			 during the previous year. Once a source's direct GHG emissions meet or exceed
			 2,500 MT CO2e during a year, the person that owns or operates the source must
			 annually register and report in each subsequent year, regardless of the amount
			 of the source's direct GHG emissions in future years, except as provided in OAR
			 340-215-0032  and OAR 340-215-0034.
(a) Any
			 source required to obtain a Title V Operating Permit.
(b) Any source required to obtain an Air
			 Contaminant Discharge Permit.
(c)
			 The following sources not otherwise listed in subsection (a) or (b):
(A) Solid waste disposal facilities required
			 to obtain a permit issued under OAR chapter 340, divisions 93 through 96,
			 excluding facilities that meet all of the following conditions:
(i) Did not accept waste during the previous
			 year; and
(ii) Are not required to
			 report greenhouse gas emissions to EPA under   40 C.F.R. part 98  ; and
(iii) Are not required to report methane
			 generation rates under OAR chapter 340, division 239.
(B) Wastewater treatment facilities required
			 to obtain an individual National Pollutant Discharge Elimination System permit
			 issued under OAR chapter 340, division 45; and
(C) Electric power system facilities as
			 defined in 40 C.F.R. part 98 subpart DD located in Oregon and owned or operated
			 by investor-owned utilities.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 215 - OREGON GREENHOUSE GAS REPORTING PROGRAM › Section 340-215-0032 - Deferrals and Exemptions

Current through Register Vol. 63, No. 7, July 1, 2024
DEQ may defer or exempt specific processes, categories of
				sources, or specific types of greenhouse gas emissions, from this division's
				requirements if DEQ determines that adequate reporting protocols are not
				available or that other extenuating circumstances make reporting
				unfeasible.
Statutory/Other Authority: ORS
				  468A.050  & 468A.280
Statutes/Other Implemented: ORS 468 &
				  468A
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 215 - OREGON GREENHOUSE GAS REPORTING PROGRAM › Section 340-215-0034 - Changes in Ownership and Cessation of Reporting Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Cessation of
			 reporting for reduced emissions.
(a) A
			 regulated entity is no longer required to report if the regulated entity
			 retains records as required in subsection (b), makes the report required in
			 subsection (c), and if any of the following are applicable:
(A) Direct total reported emissions for
			 stationary sources required to register and report under OAR 340-215-0030(2)
 
			 are less than 2,500 MT CO2e per year for a consecutive three year period. If
			 total reported emissions for a stationary source meets or exceeds 2,500 MT CO2e
			 in any year after the reporting cessation requirements have been met, persons
			 that own or operate the stationary source must resume reporting as required
			 under this division;
(B) Fuel
			 suppliers, including natural gas suppliers, and in-state producers that cease
			 to supply fuel in Oregon after submitting an emissions data report for the year
			 in which they ceased to supply fuel in Oregon, provided that:
(i) Fuel suppliers and in-state producers
			 that cease to have a reporting obligation due to a change in ownership or that
			 cease to do business in Oregon must report emissions from the reportable fuel
			 transactions that occurred up to the date of the change in ownership or up to
			 the date the business ceases to operate in the state; and
(ii) If a fuel supplier or in-state producer
			 supplies fuel in Oregon in any year after the reporting cessation requirements
			 have been met, the fuel supplier must resume reporting as required under this
			 division;
(C) Electricity
			 suppliers that cease to supply electricity in Oregon, after submitting an
			 emissions data report for the year in which they ceased to supply electricity
			 in Oregon. If an electricity supplier provides electricity in Oregon in any
			 year after the reporting cessation requirements have been met, the electricity
			 supplier must resume reporting as required under this
			 division.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 215 - OREGON GREENHOUSE GAS REPORTING PROGRAM › Section 340-215-0044 - Emissions Data Reports

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Regulated entities must monitor emissions and submit emissions data reports to
			 DEQ following the requirements specified in this division. Individual emissions
			 data reports are identified as follows:
(a)
			 An individual emissions data report must be submitted by and for each
			 stationary source and electric power system facility required to register and
			 report under OAR 340-215-0030(2);
(b) An individual emissions data report
			 including emissions from all electric power system facilities located in Oregon
			 must be submitted by an investor-owned utility required to register and report
			 under OAR 340-215-0030(2)(c)(C);
(c) An individual emissions data report must
			 be submitted by each fuel supplier and in-state producer required to register
			 and report under OAR 340-215-0030(3);
(d) An individual emissions data report must
			 be submitted by each natural gas supplier and in-state producer required to
			 register and report under OAR 340-215-0030(4);
(e) An individual emissions data report must
			 be submitted by each electricity supplier required to register and report under
			 OAR 340-215-0030(5)  and by any third-party that reports on behalf of a
			 consumer-owner utility. A third-party reporting on behalf of a consumer-owned
			 utility must also include all information described under OAR 340-215-0120(4)
			 and (5), as applicable;
(f) An
			 individual emissions data report submitted by each asset-controlling supplier
			 seeking designation by DEQ must include all information described under OAR
			 340-215-0120(7); and
(g) An
			 individual emissions data report must be submitted by the owner or operator of
			 a facility containing petroleum and natural gas systems required to register
			 and report under OAR 340-215-0030(6)  and must include all emissions and related
			 information described in OAR 340-215-0125.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 215 - OREGON GREENHOUSE GAS REPORTING PROGRAM › Section 340-215-0046 - Reporting Deadlines

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Reporting deadlines.
(a) Stationary sources
			 and electric power system facilities required to register and report under OAR
			 340-215-0030(2)  must register and submit annual emissions data reports to DEQ
			 under OAR 340-215-0044  by the due date for the annual report for non-greenhouse
			 gas emissions specified in the source's Title V Operating Permit or Air
			 Contaminant Discharge Permit, or by March 31 of each year, whichever is
			 later.
(b) The following regulated
			 entities must register and submit annual emissions data reports to DEQ by March
			 31 of each year:
(A) Natural gas suppliers
			 required to register and report under OAR 340-215-0030(4); and
(B) Petroleum and natural gas systems
			 required to register and report under OAR 340-215-0030(6).
(c) Fuel suppliers and in-state producers
			 required to register and report under OAR 340-215-0030(3)  must register and
			 submit an annual emissions data report to DEQ by April 30 of each
			 year.
(d) Electricity suppliers
			 required to register and report under OAR 340-215-0030(5)  must register and
			 submit an annual emissions data report to DEQ by June 1 of each
			 year.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 215 - OREGON GREENHOUSE GAS REPORTING PROGRAM › Section 340-215-0060 - Greenhouse Gas Reporting Fees

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Any person required to register and report under OAR 340-215-0030(2)(a)  must
			 submit greenhouse gas reporting fees to DEQ as specified in OAR 340-220-0050(3)
 
			 and 340-220-0110(6).
(2) Any
			 person required to register and report under OAR 340-215-0030(2)(b)  must submit
			 greenhouse gas reporting fees to DEQ as specified in OAR 340-216-8020  part 2.
Stat. Auth.: ORS
				  468.020 &
				  468A.050
Stats. Implemented: ORS 468 &
				  468A
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 215 - OREGON GREENHOUSE GAS REPORTING PROGRAM › Section 340-215-0105 - Requirements for Stationary Sources and Electric Power System Facilities

Current through Register Vol. 63, No. 7, July 1, 2024
Regulated entities required to register and report to DEQ under
				OAR 340-215-0030(2)  must:
(1) Unless
			 otherwise specified in this rule, calculate and report all GHG emissions for
			 which there are quantification methodologies described in       40 C.F.R. part 98     
			  subparts C through UU or in this division, using methodologies described in
			 such rules. Such reports must include all data and information described in
			 such rules. This division, however, describes the reporting applicability
			 requirements and the applicability provisions of       40 C.F.R. part 98       subparts C
			 through UU shall not be used. Such reports may exclude emissions from
			 categorically insignificant activities. If categorically insignificant
			 activities cannot be separated from other activities, entities may report
			 aggregate emissions that include categorically insignificant activities. In
			 addition:
(a) Regulated entities that are
			 in-state producers may exclude data and information described in 40 C.F.R. part
			 98 subpart MM and NN from an individual emissions data report described in OAR
			 340-215-0044(1)(a)  but must comply with OAR 340-215-0110  and OAR 340-215-0115,
			 as applicable; and
(b) Regulated
			 entities that are carbon dioxide suppliers must report data and information
			 described in 40 C.F.R. part 98 subpart PP;
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 215 - OREGON GREENHOUSE GAS REPORTING PROGRAM › Section 340-215-0110 - Requirements for Fuel Suppliers and In-State Producers

Current through Register Vol. 63, No. 7, July 1, 2024
Fuel suppliers and in-state producers including but not limited
				to gasoline, distillate fuel oil, propane, and aircraft fuel dealers required
				to register and report under OAR 340-215-0030(3), but not including natural gas
				suppliers, must:
(1) Report all
			 quantities of fuel disbursed in the state by fuel type, regardless of whether
			 the fuel is intended for transportation or non-transportation use and
			 regardless of whether the fuel is subject to state or federal fuel taxes. Such
			 reports must include the fuel type and quantity imported, sold, or distributed
			 in this state during the previous year and quantities must be reported in
			 standard cubic feet for gaseous fuels and gallons for liquid fuels. In
			 addition:
(a) Fuel suppliers and in-state
			 producers who report biomass-derived fuels must provide supporting
			 documentation as required under OAR 340-215-0044(5); and
(b) Meeting the requirements of this division
			 does not replace the requirements that must be met in order to satisfy the
			 requirements of OAR chapter 340, division 253 for any given fuel supplier
			 subject to the Oregon Clean Fuels Program (CFP);
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 215 - OREGON GREENHOUSE GAS REPORTING PROGRAM › Section 340-215-0115 - Requirements for Natural Gas Suppliers and In-State Producers

Current through Register Vol. 63, No. 7, July 1, 2024
Natural gas suppliers and in-state producers required to
				register and report under OAR 340-215-0030(4)  must:
(1) Report the information required including
			 the volume (Mscf), energy (MMBtu), type of natural gas, biomethane or hydrogen
			 and associated emissions for all gas imported, sold, produced or distributed
			 for use in the state for the previous year, and:
(a) If the regulated entity has developed
			 reporter-specific emission factors or high heating values, then report the
			 following:
(A) Information used to develop the
			 reporter-specific emission factor(s) and/or higher heating value(s);
(B) The developed emission factor(s);
			 and
(C) The developed higher
			 heating value(s);
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 215 - OREGON GREENHOUSE GAS REPORTING PROGRAM › Section 340-215-0125 - Requirements for Petroleum and Natural Gas Systems

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Any person required to register and
			 report under OAR 340-215-0030(6)  must submit an emissions data report utilizing
			 EPA quantification methodologies and data reporting requirements in  40 C.F.R
			 part 98  subpart W.
(2) The
			 emissions data report submitted according to section (1) must:
(a) Include greenhouse gas emissions from
			 each facility (or part of a facility for the onshore natural gas transmission
			 pipeline industry segment) listed in OAR 340-215-0030(6)(a) through (e)  that is
			 physically located in Oregon and that meets the applicability threshold in OAR
			 340-215-0030(6); and
(b) If
			 applicable, separately indicate subpart W emissions associated with an air
			 permitted facility and report identifying information for that facility
			 including the air permit identification number.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 215 - OREGON GREENHOUSE GAS REPORTING PROGRAM › Section 340-215-0130 - Separate Violations

Current through Register Vol. 63, No. 7, July 1, 2024
Each metric ton of greenhouse gas emissions not reported
				according to the requirements of this division by a covered fuel supplier, as
				defined in OAR 340-271-0020, that affects applicability determinations,
				compliance instrument distribution, or compliance obligations under the Oregon
				Climate Protection Program, OAR Chapter 340 Division 271, is a separate
				violation of this division.
Statutory/Other Authority: ORS
				  468A.050 & 468A.280
Statutes/Other Implemented: ORS 468 &
				  468A
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 216 - AIR CONTAMINANT DISCHARGE PERMITS › Section 340-216-0010 - Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
This division prescribes the requirements and procedures for
				obtaining Air Contaminant Discharge Permits (ACDPs) pursuant to ORS 468A.040 through 468A.060 and related statutes for sources of air contaminants.
NOTE:
This rule is included in the State of Oregon
				Clean Air Act Implementation Plan that EQC adopted under OAR
				340-200-0040.
Stat. Auth.: ORS 468.020, 468A.025, 468A.040 &
				  468A.310
Stats. Implemented: ORS 468A.025, 468A.040 &
				  468A.310
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 216 - AIR CONTAMINANT DISCHARGE PERMITS › Section 340-216-0020 - Applicability and Jurisdiction

Current through Register Vol. 63, No. 7, July 1, 2024
(1) This division
			 applies to all sources listed in OAR 340-216-8010. This division also applies
			 to Oregon Title V Operating Permit program sources when an ACDP is required by
			 340-218-0020  or 340-224-0010. Sources referred to in 340-216-8010  are subject
			 to fees in 340-216-8020.
(2)
			 Sources in any one of the categories in OAR 340-216-8010  must obtain a permit.
			 If a source meets the requirements of more than one of the source categories
			 and the source is not eligible for a Basic ACDP or a General ACDP that has been
			 authorized by DEQ, then the source must obtain a Simple or Standard ACDP.
			 Source categories are not listed in alphabetical order.
(a) The commercial and industrial sources in
			 OAR 340-216-8010  Part A must obtain a Basic ACDP under 340-216-0056  unless the
			 source chooses to obtain a General, Simple or Standard ACDP. For purposes of
			 Part A, production and emission parameters are based on the latest consecutive
			 12 month period, or future projected operation, whichever is higher. Emission
			 cutoffs are based on actual emissions.
(b) Sources in any one of the categories in
			 OAR 340-216-8010  Part B must obtain one of the following unless otherwise
			 allowed in Part B:
(A) A General ACDP, if one
			 is available for the source classification and the source qualifies for a
			 General ACDP under OAR 340-216-0060;
(B) A Simple ACDP under OAR 340-216-0064;
			 or
(C) A Standard ACDP under OAR
			 340-216-0066  if the source fits one of the criteria of Part C or does not
			 qualify for a Simple ACDP.
(c) Sources in any one of the categories in
			 OAR 340-216-8010  Part C must obtain a Standard ACDP under the procedures set
			 forth in OAR 340-216-0066.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 216 - AIR CONTAMINANT DISCHARGE PERMITS › Section 340-216-0025 - Types of Permits

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Construction ACDP:
(a) A Construction ACDP may
			 be used for approval of Type 3 changes specified in OAR 340-210-0225  at a
			 source subject to the ACDP permit requirements in this division.
(b) A Construction ACDP is required for Type
			 3 changes specified in OAR 340-210-0225  at sources subject to the Oregon Title
			 V Operating Permit requirements.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 216 - AIR CONTAMINANT DISCHARGE PERMITS › Section 340-216-0030 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
The definitions in OAR 340-200-0020, 340-204-0010, 340-245-0020 and this rule apply to this division. If the same term is defined in this rule
				and 340-200-0020, 340-204-0010  or 340-245-0020, the definition in this rule
				applies to this division.
(1) "Basic
			 technical modification" includes, but is not limited to changing source test
			 dates if the equipment is not being operated, and similar changes.
(2) "Complex technical modification"
			 includes, but is not limited to incorporating a complex new compliance method
			 into a permit, adding a complex compliance method or monitoring for an emission
			 point or control device not previously addressed in a permit, adding a complex
			 new applicable requirement into a permit due to a change in process or change
			 in rules, and similar changes.
(3)
			 "Moderate technical modification" includes, but is not limited to adding a
			 simple compliance method or monitoring for an emission point or control device
			 not previously addressed in a permit, revising monitoring and reporting
			 requirements other than dates and frequency, adding a new applicable
			 requirement into a permit due to a change in process or change in rules,
			 incorporating NSPS and NESHAP requirements, and similar changes.
(4) "Non-technical modification" means name
			 changes, change of ownership, correction of typographical errors and similar
			 administrative changes.
(5) "Simple
			 technical modification" includes, but is not limited to modifying a compliance
			 method to use different emission factors or process parameters, changing
			 reporting dates or frequency, and similar changes.
NOTE
: This rule is included in the State of Oregon
				Clean Air Act Implementation Plan as adopted by the EQC under OAR 340-200-0040 with the exception of all references to toxic air contaminants and OAR chapter
				340, division 245.
To view tables referenced in rule text,
click here to view
				  rule
.
Statutory/Other Authority: ORS
				  468.020 &
				  468A
Statutes/Other Implemented: ORS
				  468A.025,
				  468A.040 &
				  468A.310
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 216 - AIR CONTAMINANT DISCHARGE PERMITS › Section 340-216-0052 - Construction ACDP

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Purpose. A
			 Construction ACDP is a permit for approval of Type 3 construction or
			 modification changes as specified in OAR 340-210-0225  and 340-210-0240. The
			 Construction ACDP includes requirements for the construction or modification of
			 stationary sources or air pollution control devices and does not by itself
			 provide authorization to operate the new construction or modification. A new or
			 modified Standard ACDP or Oregon Title V Operating Permit is required before
			 operation of the new construction or modification. A Construction ACDP may be
			 used for the following situations:
(a) For
			 complex construction or modification projects that require an extended period
			 of time to construct, the Construction ACDP may provide construction approval
			 faster than issuance of a Standard ACDP or modified Standard ACDP because the
			 operating requirements would not need to be included in the permit.
(b) For Oregon Title V Operating Permit
			 sources, the Construction ACDP may include the requirements of OAR 340-218-0050  and follow the external review procedures in OAR 340-218-0210  and 340-218-0230  so that the requirements may later be incorporated into the Oregon Title V
			 Operating Permit by an administrative amendment. If the applicant elects to
			 incorporate the Construction ACDP by administrative amendment, all of the
			 application submittal, permit content, and permit issuance requirements of OAR
			 340 division 218 must be met for the Construction ACDP.