reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 208 - VISIBLE EMISSIONS AND NUISANCE REQUIREMENTS › Section 340-208-0400 - Masking of Emissions

Current through Register Vol. 63, No. 7, July 1, 2024
No person may cause or permit the installation or use of any
				device or use of any means designed to mask the emission of an air contaminant
				that causes or is likely to cause detriment to health, safety, or welfare of
				any person or otherwise violate any other regulation or
				requirement.
Stat. Auth.: ORS 468; ORS 468A.010; and ORS 468A.025
Stats. Implemented: ORS 468A.010 and ORS
				  468A.025
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 208 - VISIBLE EMISSIONS AND NUISANCE REQUIREMENTS › Section 340-208-0450 - Particle Fallout Limitation

Current through Register Vol. 63, No. 7, July 1, 2024
No person may cause or permit the emission of particulate
				matter larger than 250 microns in size at sufficient duration or quantity as to
				create an observable deposition upon the real property of another
				person.
Stat. Auth.: ORS 468, 468A.010 & 468A.025
Stats. Implemented: ORS 468A.010 &
				  468A.025
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 208 - VISIBLE EMISSIONS AND NUISANCE REQUIREMENTS › Section 340-208-0500 - Application

Current through Register Vol. 63, No. 7, July 1, 2024
OAR
				340-208-0510  through
				340-208-0610 apply in Clackamas, Columbia, Multnomah, and Washington
				Counties.
Stat. Auth.: ORS 468 & 468A
Stats. Implemented: ORS
				  468A.025
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 208 - VISIBLE EMISSIONS AND NUISANCE REQUIREMENTS › Section 340-208-0510 - Clackamas, Columbia, Multnomah, and Washington Counties: Exclusions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 requirements contained in OAR 340-208-0510  through 340-208-0610  apply to all
			 activities conducted in Clackamas, Columbia, Multnomah, and Washington
			 Counties, other than those for which specific industrial standards have been
			 adopted (Divisions 230, 234, 236, and 238), and except for the reduction of
			 animal matter, 340-236-0310(1) and (2).
(2) The requirements outlined in OAR
			 340-208-0510  through 340-208-0610  do not apply to activities related to a
			 domestic residence of four or fewer family-living units.
Statutory/Other Authority: ORS 468 & 468A
Statutes/Other Implemented: ORS
				  468A.025
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 208 - VISIBLE EMISSIONS AND NUISANCE REQUIREMENTS › Section 340-208-0550 - Odor Control Measures

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Control apparatus and equipment, using the highest and best practicable
			 treatment currently available, must be installed and operated to reduce to a
			 minimum odor-bearing gases or odor-bearing particulate matter emitted into the
			 atmosphere.
(2) Gas effluents from
			 incineration operations and process after-burners installed under section (1)
			 of this rule must be maintained at a temperature of 1,400° Fahrenheit for
			 at least a 0.5 second residence time, or controlled in another manner
			 determined by the department to be equally or more effective.
Stat. Auth.: ORS 468 & ORS 468A
Stats. Implemented: ORS
				  468A.025
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 208 - VISIBLE EMISSIONS AND NUISANCE REQUIREMENTS › Section 340-208-0570 - Ships

Current through Register Vol. 63, No. 7, July 1, 2024
While in those portions of the Willamette River and Columbia
				River that pass through or adjacent to Clackamas, Columbia, and Multnomah
				Counties, each ship is subject to the emission standards and rules for visible
				emissions and particulate matter size and must minimize soot emissions. The
				owner, operator or other responsible party must ensure that these standards and
				requirements are met.
Stat. Auth.: ORS 468 & ORS 468A
Stats. Implemented: ORS
				  468A.025
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 208 - VISIBLE EMISSIONS AND NUISANCE REQUIREMENTS › Section 340-208-0590 - Emission Standards - General

Current through Register Vol. 63, No. 7, July 1, 2024
Compliance with any specific emission standard in this Division
				does not preclude required compliance with any other applicable emission
				standard or requirement contained in OAR Chapter 340.
Stat. Auth.: ORS 468 & ORS 468A
Stats. Implemented: ORS
				  468A.025
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 208 - VISIBLE EMISSIONS AND NUISANCE REQUIREMENTS › Section 340-208-0600 - Repealed

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS 468 & ORS 468A.
Stats. Implemented: ORS 468.020 & ORS
				  468A.025.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 208 - VISIBLE EMISSIONS AND NUISANCE REQUIREMENTS › Section 340-208-0610 - Clackamas, Columbia, Multnomah, and Washington Counties: Particulate Matter Weight Standards

Current through Register Vol. 63, No. 7, July 1, 2024
Except for equipment burning natural gas and liquefied
				petroleum gas, the maximum allowable emission of particulate matter from any
				fuel burning equipment:
(1) Is a
			 function of maximum heat input as determined from Figure 1, except that from
			 existing fuel burning equipment utilizing wood residue, it is 0.2 grain, and
			 from new fuel burning equipment utilizing wood residue, it is 0.1 grain per
			 standard cubic foot of exhaust gas, corrected to 12 percent carbon
			 dioxide;
(2) Must not exceed Smoke
			 Spot #2 for distillate fuel and #4 for residual fuel, measured by ASTM
			 D2156-65, "Standard Method for Test for Smoke Density of the Flue Gases from
			 Distillate Fuels."
[NOTE: View a PDF of Figure by clicking on "Tables" link
				below.]
[NOTE: Publications referenced are available from the
				agency.]
To view attachments referenced in rule text,
click here to view
				  rule
.
Statutory/Other Authority: ORS 468 & 468A
Statutes/Other Implemented: ORS
				  468.020 &
				  468A.025
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 209 - PUBLIC PARTICIPATION › Section 340-209-0010 - Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
The purpose of this division is to specify the requirements for
				notifying the public of certain permit actions and providing an opportunity for
				the public to participate in those permit actions.
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, 468.065 & 468A.310
Stats. Implemented: ORS 468.065, 468A.035, 468A.040 & ORS
				  468A.310
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 209 - PUBLIC PARTICIPATION › Section 340-209-0020 - Applicability

Current through Register Vol. 63, No. 7, July 1, 2024
This division applies to permit actions requiring public notice
				as specified in OAR 340, divisions 216, 218 and 245.
NOTE
: This rule is included in the State of Oregon
				Clean Air Act Implementation Plan that EQC adopted under OAR 340-200-0040  with
				the exception of all references to toxic air contaminants and OAR chapter 340,
				division 245.
Statutory/Other Authority: ORS
				  468.020,
				  468.065  & 468A.310
Statutes/Other Implemented: ORS
				  468.065,
				  468A.035,
				  468A.040 &
				  468A.310
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 209 - PUBLIC PARTICIPATION › Section 340-209-0030 - Public Notice Categories and Timing

Current through Register Vol. 63, No. 7, July 1, 2024
(1) DEQ categorizes permit actions according
			 to potential environmental and public health significance and the degree to
			 which DEQ has discretion for implementing the applicable regulations. Category
			 I is for permit actions with low environmental and public health significance
			 so they have less public notice and opportunity for public participation.
			 Category IV is for permit actions with potentially high environmental and
			 public health significance so they have the greatest level of public notice and
			 opportunity for participation.
(2)
			 Permit actions are assigned to specific categories in OAR 340, divisions 216,
			 218, and 245. If a permit action is uncategorized, the permit action will be
			 processed under Category III.
(3)
			 The following describes the public notice or participation requirements for
			 each category:
(a) Category I - No prior
			 public notice or opportunity for participation. However, DEQ will maintain a
			 list of all permit actions processed under Category I and make the list
			 available for public review.
(b)
			 Category II - DEQ will provide public notice of the proposed permit action and
			 a minimum of 30 days to submit written comments.
(c) Category III - DEQ will provide public
			 notice of the proposed permit action and a minimum of 35 days to submit written
			 comments. DEQ will provide a minimum of 30 days' notice for a hearing, if one
			 is scheduled. DEQ will schedule a hearing at a reasonable time and place to
			 allow interested persons to submit oral or written comments if:
(A) DEQ determines that a hearing is
			 necessary; or
(B) Within 35 days of
			 the mailing of the public notice, DEQ receives written requests from ten
			 persons, or from an organization representing at least ten persons, for a
			 hearing.
(d) Category IV
			 - Once an application is considered complete under OAR 340-216-0040, DEQ will:
(A)
(i)
			 Provide notice of the completed application and requested permit action;
			 and
(ii) Schedule an informational
			 meeting within the community where the facility will be or is located and
			 provide public notice at least 14 days before the meeting. During the meeting,
			 DEQ will describe the requested permit action and accept comments from the
			 public. DEQ will consider any information gathered in this process in its
			 drafting of the proposed permit, but will not maintain an official record of
			 the meeting and will not provide a written response to the comments;
(B) Once a draft permit is
			 completed, provide public notice of the proposed permit and a minimum of 40
			 days to submit written comments; and
(C) Schedule a public hearing at a reasonable
			 time and place to allow interested persons to submit oral or written comments
			 and provide a minimum of 30 days public notice for the hearing.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 209 - PUBLIC PARTICIPATION › Section 340-209-0050 - Public Notice Procedures

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 All notices. DEQ will mail or email a notice of proposed permit actions to the
			 persons identified in OAR 340-209-0060.
(2) NSR, Oregon Title V Operating Permit and
			 General ACDP actions. In addition to section (1), DEQ will provide notice of
			 NSR, Oregon Title V Operating Permit and General ACDP actions as follows:
(a) Advertisement in a newspaper of general
			 circulation in the area where the source or sources are or will be located,
			 electronic noticing (termed e-notice), or a DEQ publication designed to give
			 general public notice; and
(b)
			 Other means, if necessary, to assure adequate notice to the affected public.
NOTE
: This rule is included in the State of Oregon
				Clean Air Act Implementation Plan that EQC adopted under OAR
				340-200-0040.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 209 - PUBLIC PARTICIPATION › Section 340-209-0060 - Persons Required to Be Notified

Current through Register Vol. 63, No. 7, July 1, 2024
(1) All notices. For all types of public
			 notice, DEQ will provide notice to the following persons:
(a) The applicant;
(b) Persons on a mailing list maintained by
			 DEQ, including those who request in writing to be notified of air quality
			 permit actions;
(c) Local news
			 media; and
(d) Interested state
			 and federal agencies.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 209 - PUBLIC PARTICIPATION › Section 340-209-0070 - Hearing Procedures

Current through Register Vol. 63, No. 7, July 1, 2024
When a public hearing is required or requested, DEQ will
				provide the hearing at a reasonable place and time before taking the final
				permit action.
(1) Notice of the
			 hearing may be given either in the notice accompanying the proposed or draft
			 permit action or in such other manner as is reasonably calculated to inform
			 interested persons. DEQ will provide notice of the hearing at least 30 days
			 before the hearing.
(2) Presiding
			 Officer. A Presiding Officer will preside over the public hearing and ensure
			 that proper procedures are followed to allow for the public to comment on the
			 proposed permit action.
(a) Before accepting
			 oral or written comments by members of the public, the Presiding Officer or DEQ
			 representative will present a summary of the proposed permit action DEQ's
			 preliminary decision. During this period, there may be an opportunity to ask
			 questions about the proposed or draft permit action.
(b) The Presiding Officer will then provide
			 an opportunity for interested persons to submit oral or written comments
			 regarding the proposed permit action. Interested persons are encouraged to
			 submit written comments because time constraints may be imposed, depending on
			 the level of participation. While public comment is being accepted, discussion
			 of the proposed or draft permit action will not be allowed.
(c) After the public hearing, the Presiding
			 Officer will prepare a report of the hearing that includes the date and time of
			 the hearing, the permit action, names of persons attending the hearing, written
			 comments, and a summary of the oral comments. The Presiding Officer's report
			 will be entered into the permit action record.
NOTE
: This rule is included in the State of Oregon
				Clean Air Act Implementation Plan that EQC adopted under OAR
				340-200-0040.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 209 - PUBLIC PARTICIPATION › Section 340-209-0080 - Issuance or Denial of a Permit

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Following the
			 public comment period and public hearing, if one is held, DEQ will take action
			 upon the matter as expeditiously as possible. Before taking such action, DEQ
			 will prepare a written response to address each relevant, distinct issue raised
			 during the comment period and during the hearing record.
(2) DEQ will make a record of the public
			 comments, including the names and affiliation of persons who commented, and the
			 issues raised during the public participation process. The public comment
			 records may be in summary form rather than a verbatim transcript. The public
			 comment records are available to the public at the DEQ office processing the
			 permit.
(3) The applicant may
			 submit a written response to any comments submitted by the public within 10
			 working days after DEQ provides the applicant with a copy of the written
			 comments received by DEQ. DEQ will consider the applicant's response in making
			 a final decision.
(4) After
			 considering the comments, DEQ may adopt or modify the provisions requested in
			 the permit application.
(5)
			 Issuance of permit: DEQ will promptly notify the applicant in writing of the
			 final action as provided in OAR 340-011-0525  and will include a copy of the
			 permit. If the permit conditions are different from those contained in the
			 proposed permit, the notification will identify the affected conditions and
			 include the reasons for the changes.
(6) Denial of a permit: DEQ will promptly
			 notify the applicant in writing of the final action as provided in OAR
			 340-011-0525. If DEQ denies a permit application, the notification will include
			 the reasons for the denial.
(7)
			 DEQ's decision under sections (5) and (6) is effective 20 days from the date of
			 service of the notice unless, within that time, DEQ receives a request for a
			 hearing from the applicant. The request for a hearing must be in writing and
			 state the grounds for the request. The hearing will be conducted as a contested
			 case hearing in accordance with ORS
			 183.413 through
			 183.470 and OAR 340 division 11.
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,
				  468.065 & 468A.310
Statutes/Other Implemented: ORS
				  183.413,
				  183.415,
				  468.065,
				  468A.035,
				  468A.040 &
				  468A.310
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 210 - STATIONARY SOURCE NOTIFICATION REQUIREMENTS › Section 340-210-0010 - Applicability and Jurisdiction

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 This division applies to air contaminant sources, to stationary sources, and to
			 modifications of existing portable sources that are required to have permits
			 under OAR 340 division 216.
(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, 468.065, 468A.025, 468A.040,
				  468A.050, 468A.070 & 468A.310
Stats. Implemented: ORS 468.065, 468A.025, 468A.035468A.040,
				  468A.050, 468A.070 & 468A.310
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 210 - STATIONARY SOURCE NOTIFICATION REQUIREMENTS › Section 340-210-0020 - 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.
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, 468.065 & 468A
Stats. Implemented: ORS 468.065 &
				  468A
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 210 - STATIONARY SOURCE NOTIFICATION REQUIREMENTS › Section 340-210-0100 - Registration in General

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Any air
			 contaminant source not subject to Air Contaminant Discharge Permits, OAR 340
			 division 216, or Oregon Title V Operating Permits, OAR 340 division 218, must
			 register with DEQ upon request pursuant to OAR 340-210-0110  through
			 340-210-0120.
(2) The owner or
			 operator of an air contaminant source listed in subsection (2)(a) that is
			 certified through a DEQ approved environmental certification program and
			 subject to an Area Source NESHAP may register the source with DEQ pursuant to
			 OAR 340-210-0110  through 340-210-0120  in lieu of obtaining a permit according
			 to with OAR 340-216-0020, unless DEQ determines that the source has not
			 complied with the requirements of the environmental certification program.
(a) The following sources may be registered
			 under this section:
(A) Motor vehicle surface
			 coating operations.
(B) Dry
			 cleaners using perchloroethylene.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 210 - STATIONARY SOURCE NOTIFICATION REQUIREMENTS › Section 340-210-0110 - Registration Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Registration pursuant to OAR
			 340-210-0100(1) or
			 (3)  must be completed within 30 days
			 following the mailing date of the request by DEQ.
(2) Registration must be completed by the
			 owner, lessee of the source, or agent on forms made available by DEQ. If a form
			 is not available from DEQ, the registrant may provide the information using a
			 format approved by DEQ.
(3) In
			 order to obtain registration pursuant to OAR
			 340-210-0100(1),
			 the following information must be reported by registrants:
(a) Name, address, and nature of business;
(b) Name of local person
			 responsible for compliance with these rules;
(c) Name of person authorized to receive
			 requests for data and information;
(d) A description of the production processes
			 and a related flow chart;
(e) A
			 plot plan showing the location and height of all air contaminant sources. The
			 plot plan must also indicate the nearest residential or commercial property;
(f) Type and quantity of fuels
			 used;
(g) Amount, nature, and
			 duration of air contaminant emissions;
(h) Estimated efficiency of air pollution
			 control devices under present or anticipated operating conditions;
(i) Any other information requested by DEQ.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 210 - STATIONARY SOURCE NOTIFICATION REQUIREMENTS › Section 340-210-0120 - Re-Registration and Maintaining Registration

Current through Register Vol. 63, No. 7, July 1, 2024
(1) In order to re-register or maintain
			 registration pursuant to OAR
			 340-210-0100,
			 a person responsible for an air contaminant source must reaffirm in writing, by
			 March 1 of each year, the correctness and current status of the information
			 furnished to DEQ.
(2) In order to
			 re-register or maintain registration pursuant to OAR
			 340-210-0100(3):
(a) The registrant must report any change in
			 any of the factual information reported under OAR
			 340-210-0110  to DEQ on a form made available by DEQ; and
(b) The registrant must confirm the
			 compliance status of the air contaminant source, including but not limited to
			 compliance with any work practice requirements such as routine tune-ups.
			 Confirmation must be made in writing on a form furnished by DEQ.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 210 - STATIONARY SOURCE NOTIFICATION REQUIREMENTS › Section 340-210-0205 - Notice of Construction and Approval of Plans: Applicability

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Except as
			 provided in section (2), OAR 340-210-0200 through 340-210-0250  apply to the
			 following:
(a) All new sources not otherwise
			 required to obtain a permit under OAR 340, division 216 or 218. Sources that
			 are required to submit a permit application under OAR 340, division 216 or 218
			 are not required to submit a Notice of Construction application under this
			 rule;
(b) Modifications at existing
			 sources, including sources that have permits under OAR 340 division 216 or 218;
			 and
(c) All sources that use air
			 pollution control devices to comply with emissions limits, or to avoid the
			 requirement to obtain an Oregon Title V Operating Permit (OAR 340 division 218)
			 or Major NSR or Type A State NSR (OAR 340 division 224) requirements, or MACT
			 standards (OAR 340 division 244).
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 210 - STATIONARY SOURCE NOTIFICATION REQUIREMENTS › Section 340-210-0215

Current through Register Vol. 63, No. 7, July 1, 2024
Statutory/Other Authority: ORS
				  468.020,
				  468A.025 & 468A.055
Statutes/Other Implemented: ORS
				  468A.025,
				  468A.035 &
				  468A.055
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 210 - STATIONARY SOURCE NOTIFICATION REQUIREMENTS › Section 340-210-0225 - Notice of Construction and Approval of Plans: Types of Construction/Modification Changes

Current through Register Vol. 63, No. 7, July 1, 2024
For the purpose of OAR 340-210-0200 through 340-210-0250,
				changes that involve new construction or modifications of sources or air
				pollution control devices are divided into the following Types:
(1) Type 1 changes include construction or
			 modification of sources or air pollution control devices where such a change
			 meets the criteria in subsections (a) through (f):
(a) Would not increase emissions from the
			 source above the PSEL by more than the de minimis emission level defined in OAR
			 340-200-0020  for sources required to have a permit;
(b) Would not increase emissions from the
			 source above the netting basis by more than or equal to the SER;
(c) Would not increase emissions from any
			 new, modified, or replaced device, activity or process, or any combination of
			 devices, activities or processes at the source by more than the de minimis
			 levels defined in OAR 340-200-0020;
(d) Would not be used to establish a
			 federally enforceable limit on the potential to emit; and
(e) Would not require a TACT determination
			 under OAR 340-226-0130  or a MACT determination under OAR 340-244-0200;
			 and
(f) Is not required to obtain a
			 permit under OAR 340 division 216.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 210 - STATIONARY SOURCE NOTIFICATION REQUIREMENTS › Section 340-210-0230 - Notice of Construction and Approval of Plans: Notice to Construct

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Any person
			 proposing a Type 1 or 2 change must provide notice and applicable fees in OAR
			 340-216-8020  to DEQ before constructing or modifying a stationary source or air
			 pollution control device. The notice must be in writing on a form supplied by
			 DEQ and include the following information as applicable:
(a) Name, address, and nature of
			 business;
(b) Name of local person
			 responsible for compliance with these rules;
(c) Name of person authorized to receive
			 requests for data and information;
(d) The type of construction or modification
			 as defined in OAR 340-210-0220;
(e)
			 A description of the constructed or modified source;
(f) A description of the production processes
			 and a related flow chart for the constructed or modified source;
(g) A plot plan showing the location and
			 height of the constructed or modified source. The plot plan must also indicate
			 the nearest residential or commercial property;
(h) Type and quantity of fuels
			 used;
(i) The change in the amount,
			 nature and duration of regulated pollutant emissions;
(j) Plans and specifications for air
			 pollution control devices and facilities and their relationship to the
			 production process, including estimated efficiency of air pollution control
			 devices under present or anticipated operating conditions;
(k) Any information on pollution prevention
			 measures and cross-media impacts the owner or operator wants DEQ to consider in
			 determining applicable control requirements and evaluating compliance
			 methods;
(l) A list of any
			 requirements applicable to the new construction or modification;
(m) Where the operation or maintenance of air
			 pollution control devices and emission reduction processes can be adjusted or
			 varied from the highest reasonable efficiency and effectiveness, information
			 necessary for DEQ to establish operational and maintenance requirements under
			 OAR 340-226-0120(1) and (2); and
(n) Amount and method of refuse disposal;
			 and
(o) Land Use Compatibility
			 Statement signed by a local (city or county) planner either approving or
			 disapproving construction or modification to the source if required by the
			 local planning agency.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 210 - STATIONARY SOURCE NOTIFICATION REQUIREMENTS › Section 340-210-0240 - Notice of Construction and Approval of Plans: Construction Approval

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Approval to
			 Construct:
(a) For Type 1 changes, the owner
			 or operator may proceed with the construction or modification 10 calendar days
			 after DEQ receives the notice required in OAR 340-210-0230  or on the date that
			 DEQ approves the proposed construction in writing, whichever is sooner, unless
			 DEQ notifies the owner or operator in writing that the proposed construction or
			 modification is not a Type 1 change.
(b) For Type 2 changes, the owner or operator
			 may proceed with the construction or modification 60 calendar days after DEQ
			 receives the notice and fees required in OAR 340-210-0230  or on the date that
			 DEQ approves the proposed construction in writing, whichever is sooner, unless
			 DEQ notifies the owner or operator in writing that the proposed construction or
			 modification is not a Type 2 change.
(c) For Type 3 changes, the owner or operator
			 must obtain either a Construction ACDP or a new or modified Standard ACDP in
			 accordance with OAR 340 division 216 before proceeding with the construction or
			 modification.
(d) For Type 4
			 changes, the owner or operator must obtain a new or modified Standard ACDP
			 before proceeding with the construction or modification. Type 4 changes may
			 also be subject to OAR 340 division 224, New Source Review
			 requirements.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 210 - STATIONARY SOURCE NOTIFICATION REQUIREMENTS › Section 340-210-0250 - Notice of Construction and Approval of Plans: Approval to Operate

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The approval to
			 construct does not provide approval to operate the constructed, modified, or
			 replaced stationary source or air pollution control device unless otherwise
			 allowed by section (2) or (3) or under the applicable ACDP (OAR chapter 340,
			 division 216) or Oregon Title V Operating Permit programs (OAR chapter 340,
			 division 218).
(2) Type 1 and 2
			 changes:
(a) For sources that are not
			 required to obtain a permit in accordance with OAR 340-216-0020, Type 1 and 2
			 changes may be operated without further approval subject to the conditions of
			 DEQ's approval to construct provided in accordance with OAR 340-210-0240.
(A) Approval to operate does not relieve the
			 owner of the obligation of complying with applicable requirements that may
			 include but are not limited to the general opacity standards in OAR
			 340-208-0110  and general particulate matter standards in OAR 340-226-0210  and
			 OAR 340-228-0210.
(B) If required
			 by DEQ as a condition of the approval to construct or at any other time in
			 accordance with OAR 340-212-0120, the owner or operator must conduct testing or
			 monitoring to verify compliance with applicable requirements. All required
			 testing must be performed in accordance with OAR 340-212-0140.
(C) The owner or operator must register the
			 air contaminant source with DEQ if required as a condition of the approval to
			 construct or at any other time in accordance with OAR 340-210-0100.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 212 - STATIONARY SOURCE TESTING AND MONITORING › Section 340-212-0005 - 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.055, 468A.070,
				  468A.135 & 468A.310
Stats. Implemented: ORS 468A.035, 468A.050, 468A.055,
				  468A.070, 468A.135 & 468A.310
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 212 - STATIONARY SOURCE TESTING AND MONITORING › Section 340-212-0010 - 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 OAR
				340-200-0020 or
				340-204-0010, the
				definition in this rule applies to this division.
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
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 212 - STATIONARY SOURCE TESTING AND MONITORING › Section 340-212-0110 - Applicability

Current through Register Vol. 63, No. 7, July 1, 2024
OAR
				340-212-0110 through
				340-212-0150 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, 468A.055, 468A.070&
				  468A.310
Stats. Implemented: ORS 468A.035, 468A.050, 468A.055,
				  468A.070 & 468A.310
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 212 - STATIONARY SOURCE TESTING AND MONITORING › Section 340-212-0120 - Sampling, Testing and Measurement: Program

Current through Register Vol. 63, No. 7, July 1, 2024
(1) As part of its coordinated program of air
			 quality control and preventing and abating air pollution, DEQ may:
(a) Require the owner or operator of a
			 stationary source to determine the type, quantity, quality, and duration of the
			 emissions from any air contamination source;
(b) Require full reporting in writing of all
			 test procedures and signed by the person or persons responsible for conducting
			 the tests;
(c) Require continuous
			 monitoring of specified air contaminant emissions or parameters and periodic
			 regular reporting of the results of such monitoring.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 212 - STATIONARY SOURCE TESTING AND MONITORING › Section 340-212-0130 - Stack Heights and Dispersion Techniques

Current through Register Vol. 63, No. 7, July 1, 2024
(1) 40 CFR parts 51.100(ff) through
			 51.100(kk), and 51.118, 51.160 through 51.166, concerning stack heights and
			 dispersion techniques, are adopted and incorporated herein. The federal rule
			 generally prohibits the use of excessive stack height and certain dispersion
			 techniques when calculating compliance with ambient air quality standards. The
			 rule forbids neither the construction and actual use of excessively tall
			 stacks, nor the use of dispersion techniques. It only forbids their use in
			 noted calculations. The rule generally applies as follows. Stacks 65 meters
			 high or greater that were constructed after December 31, 1970, and major
			 modifications made after December 31, 1970 to existing plants with stacks 65
			 meters high or greater which were constructed before that date are subject to
			 this rule. Certain stacks at federally owned, coal-fired steam electric
			 generating units constructed under a contract awarded before February 8, 1974
			 are exempt. Any dispersion technique implemented after December 31, 1970 at any
			 plant is subject to this rule. However, if the plant's total allowable
			 emissions of sulfur dioxide are less than 5,000 tons per year, then certain
			 dispersion techniques to increase final exhaust gas plume rise may be used when
			 calculating compliance with ambient air quality standards for sulfur dioxide.
(2) Where found in the federal
			 rule, the following terms apply:
(a)
			 "Reviewing agency" means DEQ, LRAPA, or the EPA, as applicable;
(b) "Authority administering the State
			 Implementation Plan" means DEQ, LRAPA, or EPA;
(c) The "procedures" referred to in  40 CFR 51.164  are the DEQ Major NSR procedures (OAR
			 340-224-0010  through
			 340-224-0070  and OAR
			 340-224-0500  through
			 340-224-0540  or Title 38 of LRAPA rules), and the review procedures for new, or
			 modifications to, minor sources, at the DEQ review procedures for new or
			 modified minor sources (OAR
			 340-210-0205  to
			 340-210-0250,
			 OAR 340 division 216, OAR
			 340-224-0010  through
			 340-224-0038,
			 OAR 340-224-0200 through
			 340-224-0270  and OAR
			 340-224-0500  through
			 340-224-0540,
			 or LRAPA Title 34).
(d) "The
			 state" or "state, or local control agency" as referred to in  40 CFR 51.118,
			 means DEQ or LRAPA;
(e)
			 "Applicable state implementation plan" and "plan" refer to the DEQ or LRAPA
			 programs and rules, as approved by the EPA, or any regulations promulgated by
			 EPA (see  40 CFR part 52, subpart MM).
NOTE
: This rule is included in the State of Oregon
				Clean Air Act Implementation Plan that EQC adopted under OAR
				340-200-0040.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 212 - STATIONARY SOURCE TESTING AND MONITORING › Section 340-212-0140 - Sampling, Testing and Measurement: Methods

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Any sampling, testing, or measurement
			 performed pursuant to this division must conform to methods contained in the
			 DEQ Source Sampling Manual or to recognized applicable standard methods
			 approved in advance by DEQ. [NOTE: DEQ Manual is published with OAR
			 340-200-0035.]
(2) DEQ may approve
			 an equivalent or alternative method as defined in division 200.
[NOTE: This rule is 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.
Statutory/Other Authority: ORS
				  468.020,
				  468A.050,
				  468A.055,
				  468A.070  & 468A.310
Statutes/Other Implemented: ORS
				  468A.035,
				  468A.050,
				  468A.055,
				  468A.070  & 468A.310
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 212 - STATIONARY SOURCE TESTING AND MONITORING › Section 340-212-0150 - Department Testing

Current through Register Vol. 63, No. 7, July 1, 2024
Instead of asking for tests and sampling of emissions from the
				owner or operator of a source, DEQ may conduct such tests alone or in
				conjunction with the owner or operator. If DEQ conducts the testing or
				sampling, the agency will provide a copy of the results to the owner or
				operator.
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.055, 468A.070&
				  468A.310
Stats. Implemented: ORS 468A.035, 468A..050, 468A.055,
				  468A.070 & 468A.310
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 212 - STATIONARY SOURCE TESTING AND MONITORING › Section 340-212-0200 - Purpose and Applicability

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 The purpose of OAR
			 340-212-0200  through
			 340-212-0280  is to require, as part of the issuance of a permit under Title V of the FCAA,
			 improved or new monitoring at those emissions units where monitoring
			 requirements do not exist or are inadequate to meet the requirements of
			 340-212-0200  through
			 340-212-0280.
			 Except for backup utility units that are exempt under subsection (2)(b), the
			 requirements of
			 340-212-0200  through
			 340-212-0280  apply to a regulated pollutant-specific emissions unit at a major source that
			 is required to obtain an Oregon Title V Operating Permit if the unit meets all
			 of the following criteria:
(a) The unit is
			 subject to an emission limitation or standard for the applicable regulated
			 pollutant (or a surrogate thereof), other than an emission limitation or
			 standard that is exempt under subsection (2)(a);
(b) The unit uses a control device to achieve
			 compliance with any such emission limitation or standard; and
(c) The unit has potential pre-control device
			 emissions of the applicable regulated pollutant that are equal to or greater
			 than 100 percent of the amount, in tons per year, required for a source to be
			 classified as a major source. For purposes of this subsection, "potential
			 pre-control device emissions" has the same meaning as "potential to emit," as
			 defined in
			 340-200-0020,
			 except that emission reductions achieved by the applicable control device are
			 not taken into account.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 212 - STATIONARY SOURCE TESTING AND MONITORING › Section 340-212-0220 - Compliance Assurance Monitoring: Submittal Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The owner or operator must submit to DEQ
			 monitoring plans that satisfy the design requirements in OAR 340-212-0210. The
			 submission must include the following information:
(a) The indicators to be monitored to satisfy
			 OAR 340-212-0210(1)(a) and (b);
(b)
			 The ranges or designated conditions for such indicators, or the process by
			 which such indicator ranges or designated conditions will be
			 established;
(c) The performance
			 criteria for the monitoring to satisfy OAR 340-212-0210(2); and
(d) If applicable, the indicator ranges and
			 performance criteria for a CEMS, COMS or PEMS pursuant to OAR
			 340-212-0210(4).
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 212 - STATIONARY SOURCE TESTING AND MONITORING › Section 340-212-0230 - Deadlines for Submittals

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Large regulated pollutant-specific emissions units. For all regulated
			 pollutant-specific emissions units with the potential to emit the applicable
			 regulated pollutant in an amount equal to or greater than 100 percent of the
			 amount, in tons per year, required for a source to be classified as a major
			 source, the owner or operator must submit the information required under OAR
			 340-212-0220  at the following times:
(a) The owner or
			 operator must submit information as part of an application for an initial
			 Oregon Title V Operating Permit if, by that date, the application either:
(A) Has not been filed; or
(B) Has not yet been determined to be
			 complete by DEQ.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 212 - STATIONARY SOURCE TESTING AND MONITORING › Section 340-212-0240 - Approval of Monitoring Plans

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Based on an application that includes the information submitted in accordance
			 with OAR
			 340-212-0230,
			 DEQ will approve the monitoring plans submitted by the owner or operator by
			 confirming that the plans satisfy the requirements in OAR
			 340-212-0210.
(2) DEQ may condition its approval
			 on the owner or operator collecting additional data on the indicators to be
			 monitored for a regulated pollutant-specific emissions unit, including required
			 compliance or performance testing, to confirm that the monitoring will provide
			 data sufficient to satisfy the requirements of OAR
			 340-212-0200  through
			 340-212-0280  and to confirm the appropriateness of an indicator range or designated
			 condition proposed to satisfy OAR
			 340-212-0210(1)(b) and
			 (c)  and consistent with the schedule in OAR
			 340-212-0220(4).
(3) If DEQ approves the proposed
			 monitoring, DEQ will establish one or more permit terms or conditions that
			 specify the required monitoring in accordance with OAR
			 340-218-0050(3)(a).
			 At a minimum, the permit will specify:
(a)
			 The approved monitoring approach that includes all of the following:
(A) The indicator to be monitored (such as
			 temperature, pressure drop, emissions, or similar parameter);
(B) The means or device to be used to measure
			 the indicator (such as temperature measurement device, visual observation, or
			 CEMS); and
(C) The performance
			 requirements established to satisfy OAR
			 340-212-0210(2) or
			 (4), as applicable.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 212 - STATIONARY SOURCE TESTING AND MONITORING › Section 340-212-0260 - Quality Improvement Plan (QIP) Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Based on the results of a determination
			 made under OAR
			 340-212-0250(4)(b),
			 the Administrator or DEQ may require the owner or operator to develop and
			 implement a QIP. Consistent with
			 340-212-0240(3)(c),
			 the Oregon Title V Operating Permit may specify an appropriate threshold, such
			 as an accumulation of exceedances or excursions exceeding 5 percent duration of
			 a regulated pollutant-specific emissions unit's operating time for a reporting
			 period, for requiring the implementation of a QIP. The threshold may be set at
			 a higher or lower percent or may rely on other criteria for purposes of
			 indicating whether a regulated pollutant-specific emissions unit is being
			 maintained and operated in a manner consistent with good air pollution control
			 practices.
(2) Elements of a QIP:
(a) The owner or operator must maintain a
			 written QIP, if required, and have it available for inspection;
(b) The plan initially must include
			 procedures for evaluating the control performance problems and, based on the
			 results of the evaluation procedures, the owner or operator must modify the
			 plan to include procedures for conducting one or more of the following actions,
			 as appropriate:
(A) Improved preventive
			 maintenance practices;
(B) Process
			 operation changes;
(C) Appropriate
			 improvements to control methods;
(D) Other steps appropriate to correct
			 control performance;
(E) More
			 frequent or improved monitoring, only in conjunction with one or more steps
			 under paragraphs (A) through (D) above.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 212 - STATIONARY SOURCE TESTING AND MONITORING › Section 340-212-0270 - Reporting and Recordkeeping Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
(1) General reporting requirements:
(a) On and after the date specified in OAR
			 340-212-0250(1)
 
			 by which the owner or operator must conduct monitoring that meets the
			 requirements of
			 340-212-0200  through
			 340-212-0280,
			 the owner or operator must submit monitoring reports to DEQ in accordance with
			 340-218-0050(3)(c);
(b) A report for monitoring under
			 OAR
			 340-212-0200  through 340-218-0280 must include, at a minimum, the information required under
			 340-218-0050(3)(c)
 
			 and the following information, as applicable:
(A) Summary information on the number,
			 duration and cause, including unknown cause, of excursions or exceedances, as
			 applicable, and the corrective actions taken;
(B) Summary information on the number,
			 duration and cause, including unknown cause, for monitor downtime incidents,
			 other than downtime associated with zero and span or other daily calibration
			 checks; and
(C) A description of
			 the actions taken to implement a QIP during the reporting period as specified
			 in OAR
			 340-212-0260.
			 Upon completion of a QIP, the owner or operator must include in the next
			 summary report documentation that the implementation of the plan has been
			 completed and has reduced the likelihood of similar levels of excursions or
			 exceedances occurring.