reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 242 - RULES APPLICABLE TO THE PORTLAND AREA › Section 340-242-0070 - What are the Major Requirements of ECO?

Current through Register Vol. 63, No. 7, July 1, 2024
To comply with ECO, employers must:
(1) Conduct a baseline survey of employees to
			 establish a baseline auto trip rate (or provide documentation of the current
			 auto trip rate that is at least as accurate as a survey would
			 provide);
(2) Calculate a target
			 auto trip rate by reducing the baseline auto trip rate by 10 percent;
(3) Submit a registration form as supplied by
			 the Department;
(4) Design and
			 implement a trip reduction strategy that has the potential to achieve the
			 target auto trip rate by the target compliance deadline and the potential to
			 maintain the target auto trip rate;
(5) Either:
(a) Prepare and implement an auto trip
			 reduction plan for each work site and submit the plan to the Department for
			 approval; or
NOTE:
Enforcement will be based upon implementing
				the approved plan, see OAR
				340-242-0110.
(b) Provide written notice to the
			 Department of participation in an equivalent commute trip reduction program.
NOTE:
Enforcement will be based on good faith
				effort, see OAR
				340-242-0180 and special requirements in OAR
				340-242-0110.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 242 - RULES APPLICABLE TO THE PORTLAND AREA › Section 340-242-0080 - What are the Registration Requirements?

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Employers must submit a registration form
			 to the Department on forms provided by the Department.
(2) Employers with multiple work sites may
			 submit one application for all work sites.
(3) Baseline survey findings must be
			 submitted with the registration form in the format described on the
			 registration form.
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
Stats. Implemented: ORS
				  468A.363
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 242 - RULES APPLICABLE TO THE PORTLAND AREA › Section 340-242-0090 - What are the Requirements for an Employee Survey?

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Employers may use the survey form
			 provided by the Department or an alternate instrument. Any alternate survey
			 instrument must be approved by the Department before use and must provide an
			 opportunity for employees to indicate an interest in a
carpool
matching program;
(2) The employer
			 must distribute the survey form to all employees and achieve a minimum response
			 rate of 75 percent; If the employer cannot achieve the minimum response rate
			 for follow-up surveys within a reasonable amount of time, the Department will
			 assign a single occupant vehicle mode to the percentage of employees who did
			 not respond up to the 75% rate;
(3)
			 Employers with more than 400 employees at a work site may survey a
			 statistically valid random sample of employees and must follow the Department's
			 guidelines for random sampling;
(4)
			 Survey forms must be distributed during the week following a typical work week
			 for the employer and not bordering a holiday;
(5) The baseline survey must not be
			 distributed to employees earlier than one year before reporting the results to
			 the Department (older baseline surveys can be used to apply for credit, see OAR
			 340-242-0250);
(6) Follow-up surveys must not
			 be distributed to employees earlier than 90 days before reporting the results
			 to the Department;
(7) Employers
			 must report survey findings to the Department every two years, and;
(8) An alternative method may be substituted
			 for the survey. Alternative methods must be at least as accurate as survey
			 findings and must be approved by the Department (such methods might include
			 counting cars in an employee parking lot or conducting work site entrance
			 verbal surveys).
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
Stats. Implemented: ORS
				  468A.363
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 242 - RULES APPLICABLE TO THE PORTLAND AREA › Section 340-242-0110 - What If an Employer Does Not Meet the Target Auto Trip Rate?

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An employer
			 with an approved plan who has fully implemented its plan yet has not achieved
			 its target auto trip rate by the target compliance date, or does not maintain
			 its target rate on biennial basis, must submit a revised plan within 60 days
			 following the target compliance date in any given year. If an employer has not
			 fully implemented its plan, the employer is subject to an enforcement action by
			 the Department.
(2) An employer
			 participating in an equivalent commute trip reduction program who does not
			 achieve its target auto trip rate by the target compliance date must
			 demonstrate that a good faith effort was made to achieve the target rate.
			 Requirements for documenting good faith effort are described in
			 340-242-0180.
			 The employer must also submit a trip reduction plan within 60 days following
			 the target compliance date. If an employer cannot demonstrate that a good faith
			 effort was made, the employer is subject to an enforcement action by the
			 Department.
(3) An employer will
			 not be required to submit further plan revisions to its initial plan if, after
			 fully implementing two revisions, the target auto trip rate is not reached. The
			 employer must maintain strategies identified in its plan, or revisions to that
			 plan, that resulted in improvements to the auto trip rate.
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
Stats. Implemented: ORS
				  468A.363
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 242 - RULES APPLICABLE TO THE PORTLAND AREA › Section 340-242-0120 - How Will Employers Demonstrate Progress Toward the Target Auto Trip Rate?

Current through Register Vol. 63, No. 7, July 1, 2024
Employers must submit employee survey findings, including a
				calculated auto trip rate, to the Department. The Department will compare the
				reported auto trip rate with the employer's target auto trip rate.
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
Stats. Implemented: ORS
				  468A.363
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 242 - RULES APPLICABLE TO THE PORTLAND AREA › Section 340-242-0140 - How Should Employers Account for Changes in Work Force Size?

Current through Register Vol. 63, No. 7, July 1, 2024
The target auto trip rate remains constant regardless of
				changes in work force size. Employers experiencing an annual increase or
				decrease in the number of employees reporting to a work site must simply
				maintain the target auto trip rate.
NOTE:
For example, an employer has 200 employees
				and 180 autos arriving at the work site. The employer's baseline auto trip rate
				is 180 autos/200 employees, or .90. The target auto trip rate is .90 minus 10
				percent, or .81. The employer's work force increases to 300 employees. The
				target auto trip rate remains .81. In order to maintain the target auto trip
				rate, auto trips to the work site cannot exceed (300 X .81), or 243 trips.
				Similarly, if the employer's work force decreases to 100 employees, the target
				auto trip rate remains .81, and auto trips to the work site cannot exceed (100
				X .81) or 81 trips.
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
Stats. Implemented: ORS
				  468A.363
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 242 - RULES APPLICABLE TO THE PORTLAND AREA › Section 340-242-0150 - How Can an Employer Reduce Auto Commute Trips to a Work Site?

Current through Register Vol. 63, No. 7, July 1, 2024
Employee commute option programs include, but are not limited
				to:
(1) Promoting carpool and vanpool
			 programs;
(2) Offering transit
			 subsidies;
(3) Establishing
telecommuting
opportunities;
(4) Offering
compressed work
			 week
schedules;
(5)
			 Providing an emergency ride home program;
(6) Sponsoring shuttle buses to and from
			 transit terminals and/or during lunch hours for errands;
(7) Improving facilities to promote bicycle
			 use;
(8) Establishing on-site
			 amenities to decrease employees' need for a car at the work site;
(9) Discontinuing parking subsidies and
			 charging all employees for parking.
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
Stats. Implemented: ORS
				  468A.363
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 242 - RULES APPLICABLE TO THE PORTLAND AREA › Section 340-242-0160 - What Should Be Included in an Auto Trip Reduction Plan?

Current through Register Vol. 63, No. 7, July 1, 2024
An auto trip reduction plan must include:
(1) The results of the baseline survey (or
			 comparable documentation);
(2)
			 Calculation of baseline and target auto trip rates;
(3) Any employee commute option programs
			 currently in use at the work site;
(4) New commute options to be implemented at
			 the work site that have the potential to achieve and maintain the target auto
			 trip rate;
(5) Empirical evidence
			 that the commute option(s) to be offered or supported by the employer have the
			 potential to achieve and maintain the target auto trip rate (employers may
			 reference the Department's report Alternatives to Single Occupant Vehicle Trips
			 or provide equivalent documentation);
(6) Any unique aspects of the business or
			 work site influencing the trip reduction strategies selected;
(7) A schedule for implementing each of the
			 selected commute option measures;
(8) Any alternative emission reduction
			 proposals prepared by the employer according to OAR
			 340-242-0240;
(9) The name, title, telephone number, and
			 business mailing address of the person designated by the employer as the
			 contact for the work site (contact person does not have to be located at the
			 work site); and a signed statement certifying that the documents and
			 information submitted in the plan are true and correct to the best of that
			 person's knowledge.
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.
Publications: Publications referenced are available from the
				  agency.
Stat. Auth.: ORS 468.020
Stats. Implemented: ORS
				  468A.363
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 242 - RULES APPLICABLE TO THE PORTLAND AREA › Section 340-242-0170 - When Will the Department Act on a Submitted Auto Trip Reduction Plan?

Current through Register Vol. 63, No. 7, July 1, 2024
The Department will approve or notify the employer of
				deficiencies in a submitted auto trip reduction plan, based on the criteria in
				OAR
				340-242-0160,
				within 90 days or the plan will be automatically approved. The employer will
				have 30 days to correct the deficiencies and resubmit the plan to the
				Department. Plan approvals will be documented by letter from the Department to
				the employer. Employers must submit any subsequent plan modifications to the
				Department for review and approval. If the employer objects to any condition or
				limitation in the Department's letter, the employer may request a contested
				case hearing before the Commission or its authorized representative. Such a
				request for hearing must be made in writing to the Director and received by the
				Department within 20 days of the date of mailing of the letter. Any subsequent
				hearing will be conducted pursuant to the provisions of ORS Chapter 183 and OAR
				340, division 11.
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
Stats. Implemented: ORS
				  468A.363
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 242 - RULES APPLICABLE TO THE PORTLAND AREA › Section 340-242-0180 - What is a Good Faith Effort?

Current through Register Vol. 63, No. 7, July 1, 2024
Employers who participate in an equivalent commute trip
				reduction program and then fail to meet their target auto trip rates must
				demonstrate that a good faith effort was made to meet the target trip
				reduction. An employer must demonstrate good faith effort by submitting written
				documentation of the following:
(1)
			 Employer established a baseline auto trip rate and corresponding target auto
			 trip rate and conducted follow-up surveys to determine employee commute
			 patterns and progress toward achieving the target trip reduction;
(2) Employer selected trip reduction
			 strategies that had a reasonable likelihood of success based on documentation
			 in the Department's report Alternatives to Single Occupant Vehicle Trips or
			 equivalent documentation (for example, auto trip reduction experience by
			 employers in a comparable region); and
(3) Employer fully implemented all selected
			 strategies, or their equivalent, on a schedule that would have reasonably
			 allowed the employer to achieve the target auto trip rate by the target
			 compliance deadline.
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.
Publications: Publications referenced are available from the
				  agency.
Stat. Auth.: ORS 468.020
Stats. Implemented: ORS
				  468A.363
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 242 - RULES APPLICABLE TO THE PORTLAND AREA › Section 340-242-0190 - How Does the ECO Program Affect New Employers, Expanding Employers and Employers Relocating within the Portland AQMA?

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An expanding employer who increases the
			 number of employees at any single work site within the Portland AQMA to more
			 than 100 after the effective date of the ECO rules must comply with the ECO
			 rules. An employer relocating a work site within the Portland AQMA is
			 considered a new employer upon relocation and must set a new baseline and
			 target auto trip rate and comply with the ECO rules. Relocating employers may
			 apply for credit for existing trip reductions that carry over to the new work
			 site. Expanding employers and new employers must meet the requirements of this
			 rule within the following number of days after they become affected employers:
(a) Survey employees and submit survey
			 findings and a registration form within 90 days;
(b) Select strategies that have the potential
			 to meet the target trip reduction and submit a trip reduction plan or notice of
			 intent to reduce trips without an approved plan within 180 days; and
(c) Conduct follow-up surveys every two years
			 and report findings to the Department within 90 days of surveying.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 242 - RULES APPLICABLE TO THE PORTLAND AREA › Section 340-242-0200 - Can a New or Relocating Employer Comply with ECO Through Restricted Parking Ratios?

Current through Register Vol. 63, No. 7, July 1, 2024
An employer locating at a work site within the AQMA after the
				effective date of the ECO rules will be exempt from the ECO rules for that work
				site if:
(1) The new work site meets
			 the requirements of the Department's Voluntary Parking Ratio rules (OAR
			 340-242-0300  through
			 340-242-0390); or
(2) If the employer provides
			 free or subsidized parking, including leased parking, above the Department's
			 maximum parking ratio to any employees at the work site (except to employees
			 required to have a vehicle at the work site as a condition of employment), then
			 either:
(a) A transportation allowance is
			 offered to those employees provided free or subsidized parking that exceeds the
			 Department's maximum parking ratio. The transportation allowance must be
			 offered in lieu of the free or subsidized parking in an amount equal to or
			 greater than the amount of the subsidy, but not to exceed the maximum allowed
			 for transit by the Internal Revenue Service for the Qualified Transportation
			 Fringe Benefits included under Section 132(F), Notice 94-3 of the tax code;
			 or
(b) All employees at the work
			 site are offered a transit subsidy or its equivalent at least equal to 50
			 percent of the value of a Tri-Met all-zone transit pass.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 242 - RULES APPLICABLE TO THE PORTLAND AREA › Section 340-242-0210 - Can an Existing Employer Comply with ECO Through Restricted Parking Ratios?

Current through Register Vol. 63, No. 7, July 1, 2024
An employer will be considered to have met the target trip
				reduction and is exempt from the ECO rules if the employer provides
				documentation of the following. An employer must submit this documentation with
				an exemption application to the Department by the deadline for plan or notice
				submittal and certify that they continue to meet these requirements every two
				years. Employers meeting the requirements of this rule do not need to conduct a
				baseline survey of employees. However, employers whose applications are denied
				must then conduct a baseline survey and submit the findings to the Department
				within 90 days of notice by the Department.
(1) Work site is located in an area with
			 maximum parking ratio requirements at least as stringent as the Department's
			 maximum parking ratios (see OAR
			 340-242-0300  through
			 340-242-0390);
(2) Free or subsidized all-day
			 parking is generally unavailable within a one-half mile radius of the work
			 site; and
(3) If the employer
			 provides free or subsidized parking, including leased parking, above the
			 Department's maximum parking ratio to any employees at the work site (except to
			 employees required to have a vehicle at the work site as a condition of
			 employment), then either:
(a) A
			 transportation allowance is offered to those employees provided free or
			 subsidized parking that exceeds the Department's maximum parking ratio. The
			 transportation allowance must be offered in lieu of the free or subsidized
			 parking in an amount equal to or greater than the amount of the subsidy, but
			 not to exceed the maximum allowed for transit by the Internal Revenue Service
			 for the Qualified Transportation Fringe Benefits included under Section 132(F),
			 Notice 94-3 of the tax code; or
(b)
			 All employees at the work site are offered a transit subsidy or its equivalent
			 at least equal to 50 percent of the value of a Tri-Met all-zone transit pass.
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.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 242 - RULES APPLICABLE TO THE PORTLAND AREA › Section 340-242-0220 - What if an Employer Has More Than One Work Site Within the Portland AQMA?

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An employer
			 with more than one work site in the Portland AQMA may average its target trip
			 reduction among those work sites in the AQMA. An employer must survey all
			 included work sites every two years. Survey findings may be reported in
			 aggregate or separately.
(2) One
			 trip reduction plan may be developed for all work sites of an individual
			 employer, but strategies must be selected based on the specific transportation
			 characteristics of each work site.
(3) Work sites with 100 or fewer employees
			 may be included in the interest of averaging trip reductions among all work
			 sites. Those work sites must then survey and findings must be included in the
			 employer's report to the Department.
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
Stats. Implemented: ORS
				  468A.363
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 242 - RULES APPLICABLE TO THE PORTLAND AREA › Section 340-242-0230 - Can Employers Submit a Joint Plan?

Current through Register Vol. 63, No. 7, July 1, 2024
Different employers with work sites located near each other and
				with common transportation needs may develop a joint trip reduction plan for
				all affected work sites. The plan must address each work site individually and
				each employer is individually accountable for meeting all ECO requirements.
				Each employer must report survey findings for each specific work site, and the
				ten percent trip reduction target applies to each employer's work sites. Trip
				reductions may not be averaged among employers.
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
Stats. Implemented: ORS
				  468A.363
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 242 - RULES APPLICABLE TO THE PORTLAND AREA › Section 340-242-0240 - Are There Alternatives to Trip Reduction?

Current through Register Vol. 63, No. 7, July 1, 2024
Alternatives to trip reduction include:
(1) Employers may purchase surplus trip
			 reductions from other employers required to comply with ECO to meet part or all
			 of the target trip reduction. Surplus trips must be documented by survey before
			 sale and must be maintained. The Department must approve proposed transactions
			 prior to finalizing. The Department will confirm surplus trip transactions by
			 letter to both employers.
(2)
			 Employers may substitute equivalent emission reductions to meet their target
			 trip reduction. Equivalent emission reduction proposals must be included in the
			 employer's trip reduction plan or submitted with the notice of intent to comply
			 without an approved plan. In order to receive credit as an equivalent emission
			 reduction, the Department must review and approve proposals before an employer
			 implements the strategy. Employers selecting equivalent emission reduction
			 strategies must meet the following requirements:
(a) Employer sufficiently documented emission
			 calculations so that the Department can quantify and verify the
			 reduction;
(b) Employer calculated
			 equivalent emissions according to guidelines issued by the Department. The
			 Department must approve any alternate or modified calculation
			 methods;
(c) Employer submits, on
			 the same schedule as the biennial survey findings, documentation of actual
			 equivalent emissions achieved;
(d)
			 Equivalent emission reductions may not be bought or sold between employers for
			 the purpose of meeting the target trip reduction.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 242 - RULES APPLICABLE TO THE PORTLAND AREA › Section 340-242-0250 - What Alternatives Qualify as Equivalent Emission Reductions?

Current through Register Vol. 63, No. 7, July 1, 2024
Equivalent emission reduction alternatives at the work site
				include, but are not limited to, the following:
(1) Use of alternative fueled vehicles
			 (employer or employee vehicles);
(2) Vehicle scrappage (older high-emitting
			 employee or employer vehicles);
(3)
			 Forklift replacement (lower emitting technology);
(4) Lawn mower replacement (may include lawn
			 mowers employees use at home if home is located within the Portland
			 AQMA);
(5) Motor boat motor
			 replacement (may include motor boats owned by employees who live within the
			 Portland AQMA);
(6) Reductions in
			 air pollution emissions from non-vehicle sources at the work site;
(7) Reductions in non-commute vehicle traffic
			 to the work site or within the work site.
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
Stats. Implemented: ORS
				  468A.363
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 242 - RULES APPLICABLE TO THE PORTLAND AREA › Section 340-242-0260 - Can Employers Get Credit for Existing Trip Reduction Programs?

Current through Register Vol. 63, No. 7, July 1, 2024
The Department may grant credits for documented trip reductions
				that occurred at an employer's work site any time before establishing a
				baseline auto trip rate. Credits will be granted upon approval by the
				Department. The Department will approve or deny the employer's request for
				credit by letter to the employer. If the employer objects to any condition or
				limitation in that letter, the employer may request a contested case hearing as
				described in OAR
				340-242-0170.
(1) Employers must demonstrate that
			 pre-existing trip reduction programs resulted in actual trip reductions by
			 providing:
(a) A description of the trip
			 reduction programs and how they were implemented;
(b) The period of time that the programs have
			 been in place;
(c) Survey findings
			 or comparable documentation that demonstrates a ten percent reduction in the
			 auto trip rate for the work site; and
(d) Current survey findings or comparable
			 documentation verifying the employer has maintained the reduced auto trip
			 rate.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 242 - RULES APPLICABLE TO THE PORTLAND AREA › Section 340-242-0270 - Are Exemptions Allowed if an Employer is Unable to Reduce Trips or Take Advantage of Alternate Compliance Options?

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An employer is fully exempt from OAR
			 340-242-0010  through
			 340-242-0290  if the employer submits reasonable documentation for each of the following:
(a) Work site is located in an area for
			 which:
(A) Public transit service during work
			 shift changes is less frequent than thirty minute intervals; or
(B) The public transit service point is
			 further than one-half mile from employee's usual parking area; or
(C) Work shift changes occur between 8:30
			 p.m. and 5:30 a.m..
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 242 - RULES APPLICABLE TO THE PORTLAND AREA › Section 340-242-0280 - Participation in the Industrial Emission Management Program

Current through Register Vol. 63, No. 7, July 1, 2024
Employers that donate unused Plant Site Emission Limit (PSEL)
				to the Department's Industrial Emission Management program (see OAR
				340-242-0400 through
				340-242-0440) are exempt from the ECO rules.
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
Stats. Implemented: ORS
				  468A.363
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 242 - RULES APPLICABLE TO THE PORTLAND AREA › Section 340-242-0290 - What Kind of Records Must Be Kept and for How Long?

Current through Register Vol. 63, No. 7, July 1, 2024
Employers must maintain records at the work site or other
				central location within the Air Quality Maintenance Area for at least three
				years, and must make those records available to the Department upon request.
				Records must include:
(1) The contents
			 and results of employee surveys or other information gathering
			 efforts;
(2) A full description of
			 all measures and incentives offered to employees and the associated employee
			 responses;
(3) Other information
			 associated with the development, implementation, evaluation, or modification of
			 the trip reduction program.
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
Stats. Implemented: ORS
				  468A.363
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 242 - RULES APPLICABLE TO THE PORTLAND AREA › Section 340-242-0300 - What is the Voluntary Parking Ratio Program?

Current through Register Vol. 63, No. 7, July 1, 2024
The Voluntary Parking Ratio Program encourages property owners
				to voluntarily locate and design facilities that need less parking by building
				in a more pedestrian, bicycle and transit friendly manner.
NOTE:
These rules are 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
Stats. Implemented: ORS
				  468A.363
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 242 - RULES APPLICABLE TO THE PORTLAND AREA › Section 340-242-0310 - Who Can Participate in the Voluntary Parking Ratio Program?

Current through Register Vol. 63, No. 7, July 1, 2024
Any property owner constructing a new development or a
				re-development of an existing site that adds new building floor area and
				requires new parking spaces in the Portland Air Quality Maintenance Area (AQMA)
				for the specific land uses defined below in
				340-242-0320
NOTE:
These rules are 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
Stats. Implemented: ORS
				  468A.363
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 242 - RULES APPLICABLE TO THE PORTLAND AREA › Section 340-242-0320 - Definitions of Terms and Land Uses

Current through Register Vol. 63, No. 7, July 1, 2024
The definitions in OAR
				340-200-0020,
				340-204-0010  and this
				rule apply in
				340-242-0300 through
				340-242-0390.
				If the same term is defined in this rule and
				340-200-0020 or
				340-204-0010, the
				definition in this rule applies in
				340-242-0300 through
				340-242-0390.
(1) General Definitions:
(a) "AQMA" means the Portland Air Quality
			 Maintenance Area as defined in OAR
			 340-204-0010.
(b) "CCTMP" means the Central City
			 Transportation Management Plan as defined by ordinance number 169535 and
			 resolution number 35472, adopted by City of Portland City Council December 6,
			 1995, effective January 8, 1996.
(c) "Department" means the Department of
			 Environmental Quality.
(d)
			 "Director" means the Director or the Director's designee.
(e) "Employee Commute Options Program" or
			 "Employee Commute Options Rule" means OAR
			 340-242-0010  through
			 340-242-0290.
(f) "Gross Floor Area" means the total area
			 expressed in square feet of all floors of a building that include halls,
			 stairwells, elevator shafts, basements, mezzanines or upper floors but excludes
			 structured parking. Gross floor area is measured to the outside surfaces of
			 exterior wall.
(g) "Gross Leasable
			 Area" means total building area expressed in square feet designed for tenant
			 occupancy and exclusive use that includes basements, mezzanines or upper
			 floors, but does not include stairwells, elevator shafts. Gross leasable area
			 is measured to the inside surfaces of exterior walls. Gross leasable area is
			 that area for which tenant pays rent; it is the area that produces
			 income.
(h) "OAR" means Oregon
			 Administrative Rules.
(i) "Parking
			 Ratio Permit" means a permit in letter form issued by the Department, bearing
			 the signature of the Director or designee, that specifies the property owner's
			 requirements under the parking ratio program.
(j) "Parking Ratio Program" means the
			 Voluntary Parking Ratio Program, OAR
			 340-242-0300  through
			 340-242-0390.
(k) "Parking Space" means any off-street area
			 of space below, above or at ground level, open or enclosed that is used for
			 parking one motor vehicle at a time. If the property owner intends to stack
			 cars (valet parking) on-site and off-site, the total area or areas used for
			 parking must be calculated as parking spaces, not just the striped parking
			 spaces. This does not include handicapped parking spaces officially designated
			 pursuant to the
Americans with Disabilities Act
.
(l) "Property Owner" means individual,
			 corporation, partnership, limited partnership (reflecting the proposed
			 development), association, government, firm or joint stock company who owns
			 title to real property.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 242 - RULES APPLICABLE TO THE PORTLAND AREA › Section 340-242-0330 - How Does a Property Owner Comply with the Voluntary Parking Ratio Program?

Current through Register Vol. 63, No. 7, July 1, 2024
A property owner complies by building no more than the number
				of parking spaces specified by maximum parking ratios in OAR
				340-242-0390 and obtaining a Parking Ratio Permit from the Department.
NOTE:
These rules are 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
Stats. Implemented: ORS
				  468A.363
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 242 - RULES APPLICABLE TO THE PORTLAND AREA › Section 340-242-0340 - What are the Incentives for Complying with the Voluntary Parking Ratio Program?

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Employers in the development receive an exemption from the Employee Commute
			 Options program in OAR
			 340-242-0010  through
			 340-242-0290.
(2) Property owners who require other air and
			 water permits from the Department receive priority permit processing.
NOTE:
These rules are 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
Stats. Implemented: ORS
				  468A.363
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 242 - RULES APPLICABLE TO THE PORTLAND AREA › Section 340-242-0350 - Why Do I Need a Parking Ratio Permit?

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The parking ratio permit formally
			 documents the agreement with the Department to construct parking within the
			 maximum parking ratio and it provides an enforcement mechanism if the property
			 owner builds more parking without the Department's approval.
(2) The parking ratio permit formally exempts
			 applicable employers from the Employee Commute Options rule
			 requirements.
(3) The parking ratio
			 permit formally provides priority permit processing for other air and water
			 permits from the Department.
NOTE:
These rules are 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
Stats. Implemented: ORS
				  468A.363
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 242 - RULES APPLICABLE TO THE PORTLAND AREA › Section 340-242-0360 - What is Required to Obtain a Parking Ratio Permit?

Current through Register Vol. 63, No. 7, July 1, 2024
Any property owner who chooses to limit construction of parking
				facilities at its site must submit the following information:
(1) A completed permit application
			 form;
(2) Identification of the
			 proposed land uses in OAR
			 340-242-0320;
(3) A map showing the location of the
			 site;
(4) A site plan showing the
			 location of the parking and the total number of parking spaces
			 proposed;
(5) Quantification of the
			 gross leasable area and gross floor area of the buildings proposed for the site
			 and the associated parking ratio;
(6) Facts about design and location features
			 that will allow the facility to meet the trip demand with less parking. This
			 can be documented by completing the Department's Parking Ratio Checklist or
			 providing similar documentation.
NOTE:
These rules are 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
Stats. Implemented: ORS
				  468A.363
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 242 - RULES APPLICABLE TO THE PORTLAND AREA › Section 340-242-0370 - How is the Parking Ratio Program Enforced?

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A Parking Ratio Permit is a written
			 permit in letter form issued by the Department bearing the signature of the
			 Director or his/her designee.
(2)
			 The general permitting provisions of Oregon Administrative Rules, chapter 340,
			 division 14 apply (issuance, renewal, denial, suspension), except that OAR
			 340-014-0025 (public notice requirement) does not apply.
(3) An employer is no longer exempt from the
			 ECO rule requirements if the property owner fails to comply with the terms of
			 the Parking Ratio letter permit.
NOTE:
These rules are 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
Stats. Implemented: ORS
				  468A.363
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 242 - RULES APPLICABLE TO THE PORTLAND AREA › Section 340-242-0380 - When Will the Department Act on a Submitted Permit Application?

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Department
			 will notify the applicant within 15 days of filing an application if further
			 information is needed or if the application is complete.
(2) The Department will grant or deny a
			 letter permit within 45 days of receiving a complete application.
NOTE:
These rules are 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
Stats. Implemented: ORS
				  468A.363
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 242 - RULES APPLICABLE TO THE PORTLAND AREA › Section 340-242-0390 - Voluntary Maximum Parking Ratio Program: What are the Applicable Parking Ratios?

Current through Register Vol. 63, No. 7, July 1, 2024
TABLE 1.
To view tables referenced in rule text,
click here to view
				  rule
.
Statutory/Other Authority: ORS
				  468.020
Statutes/Other Implemented: ORS
				  468A.363
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 242 - RULES APPLICABLE TO THE PORTLAND AREA › Section 340-242-0400 - Applicability

Current through Register Vol. 63, No. 7, July 1, 2024
(1) OAR
			 340-242-0430  through
			 340-242-0440  apply to all new sources or modifications at existing sources that have
			 increases of VOC or NOx equal to or greater than the SER and are located in the
			 Portland Air Quality Maintenance Area .
(2) OAR
			 340-242-0430  and
			 340-242-0440  apply to new sources and modifications at existing sources that have increases
			 of CO equal to or greater than the SER and are located within the Portland
			 Metro area or outside the Portland Metro area but that will have a significant
			 impact within the Portland Metro area.
NOTE
: These rules are 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
Stats. Implemented: ORS
				  468A.025
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 242 - RULES APPLICABLE TO THE PORTLAND AREA › Section 340-242-0410 - Definition of Terms

Current through Register Vol. 63, No. 7, July 1, 2024
The definitions in OAR
				340-200-0020,
				340-204-0010  and this
				rule apply in OAR
				340-242-0400 through
				340-242-0440.
				If the same term is defined in this rule and OAR
				340-200-0020 or
				340-204-0010, the
				definition in this rule applies in OAR
				340-242-0400 through
				340-242-0440.
(1) "PSEL" means the Plant Site
			 Emission Limit of an individual regulated pollutant specified in an Air
			 Contaminant Discharge Permit or Title V permit issued to a source by DEQ,
			 pursuant to OAR 340 division 216 or 218.
(2) "Unused PSEL" means the difference
			 between a source's actual emissions and its permitted level or PSEL in 1990 or
			 1992, whichever is lower, as determined through DEQ's emission inventory data.
(3) "Unused PSEL Donation Source"
			 means any source that voluntarily returned to DEQ unused PSEL, as part of the
			 Unused PSEL Donation Program in OAR
			 340-242-0420.
NOTE
: These rules are included in the State of
				Oregon Clean Air Act Implementation that EQC adopted under OAR
				340-200-0040.
Stat. Auth.: ORS 468.020 & 468A.025
Stats. Implemented: ORS
				  468A.025
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 242 - RULES APPLICABLE TO THE PORTLAND AREA › Section 340-242-0420 - Unused PSEL Donation Program

Current through Register Vol. 63, No. 7, July 1, 2024
(1) This program encourages owners or
			 operators of VOC and NOx sources identified in OAR
			 340-242-0400(1)
 
			 to donate unused PSEL to DEQ. Under this program, donations can be either
			 permanent or temporary. For a source to participate in this program it must
			 have entered into an agreement with DEQ prior to January 1, 2006.
(2) VOC sources donating at least 35 percent
			 of their unused PSEL and NOx sources donating at least 50 percent of their
			 unused PSEL will receive the following incentives and considerations from DEQ
			 for participating in this program:
(a)
			 Exemption from the Employee Commute Options (ECO) Program in OAR
			 340-242-0010  through
			 340-242-0290  for the duration of the Portland Ozone Maintenance plan;
(b) Priority permit processing for any
			 required air quality permit;
(c)
			 In accordance with OAR
			 340-242-0430  and
			 340-242-0440(1),
			 priority use of up to 50 percent of any remaining growth allowance. This
			 applies only to sources making permanent donations, pursuant to section (3);
			 and
(d) Other considerations may
			 be added to the donation agreement on a case-by-case basis, consistent with
			 DEQ's rules and statutes.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 242 - RULES APPLICABLE TO THE PORTLAND AREA › Section 340-242-0430 - Industrial Growth Allowances

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 This rule establishes industrial growth allowances for sources identified in
			 OAR
			 340-242-0400. The
			 amount of each growth allowance is defined in the SIP and is on file with DEQ.
(2) The owner or operator of a
			 source subject to this division may obtain a portion of the respective growth
			 allowance pursuant to OAR
			 340-242-0440.
(3) If no emissions remain in the
			 respective growth allowance, the owner or operator must provide offsets as
			 required under OAR 340 division 224.
NOTE
: These rules are included in the State of
				Oregon Clean Air Act Implementation Plan that EQC adopted under OAR
				340-200-0040.
Publications: Publications referenced are available from the
				  agency.
Stat. Auth.: ORS 468.020, 468A.025 & 468A.040
Stats. Implemented: ORS 468A.025 &
				  468A.040
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 242 - RULES APPLICABLE TO THE PORTLAND AREA › Section 340-242-0440 - Industrial Growth Allowance Allocation

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The owner or operator of a source subject
			 to this division may obtain a portion of any remaining emissions in the
			 respective growth allowance in accordance with procedures described in the SIP
			 that is on file with DEQ, and based on the following conditions:
(a) Access is on a first-come-first-served
			 basis, based on the submittal date of a complete permit application;
(b) Unused PSEL donation sources that meet
			 the donation criteria specified in OAR
			 340-242-0420(2)
 
			 have priority access to their respective growth allowance as a "tie-breaker"
			 over non-donation sources;
(c)
			 Except as provided below, no single source may receive an emissions allocation
			 of more than 1,000 tons of either VOC or NOx or more than 50% of any remaining
			 growth allowance; and
(d) A single
			 source must apply to the EQC to receive more than 1,000 tons of VOC or NOx, but
			 in no case more than 50% of the remaining growth allowance. To apply, sources
			 must submit air quality and other information as required by DEQ justifying its
			 request and must include information on significant economic, employment, or
			 other benefits to the Portland area that will result from the proposed source,
			 and the availability of emissions offsets. DEQ will evaluate ozone levels and
			 expected trends to determine whether the proposed facility poses any risk to
			 maintaining compliance with the ozone air quality standard prior to making a
			 recommendation to the EQC regarding the source application.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 242 - RULES APPLICABLE TO THE PORTLAND AREA › Section 340-242-0520 - Renumbered

Current through Register Vol. 63, No. 7, July 1, 2024
Publications: Publications referenced are available from the
				  agency.
Stat. Auth.: ORS 468.020 & 468A.025
Stats. Implemented: ORS
				  468A.025
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 242 - RULES APPLICABLE TO THE PORTLAND AREA › Section 340-242-0600 - Applicability

Current through Register Vol. 63, No. 7, July 1, 2024
OAR
				340-242-0600 through
				340-242-0630 apply to any person who owns, leases, operates or controls a motor vehicle
				refinishing facility in the Portland AQMA.
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
Stats. Implemented: ORS 468A.025 &
				  468A.035