reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 200 - GENERAL AIR POLLUTION PROCEDURES AND DEFINITIONS › Section 340-200-0100 - Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
The purpose of OAR
				340-200-0100  through
				340-200-0120 is to comply with the requirements of Section 128 of the FCAA regarding public
				interest representation by a majority of the members of the EQC and by the
				Director and disclosure by them of potential conflicts of interest.
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.035 &
				  468A.310
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 200 - GENERAL AIR POLLUTION PROCEDURES AND DEFINITIONS › Section 340-200-0110 - Public Interest Representation

Current through Register Vol. 63, No. 7, July 1, 2024
At least a majority of the members of the EQC and the Director
				must represent the public interest and may not derive any significant portion
				of their respective incomes directly from persons subject in Oregon to permits
				or enforcement orders under the FCAA.
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: 468A.035 &
				  468A.310
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 200 - GENERAL AIR POLLUTION PROCEDURES AND DEFINITIONS › Section 340-200-0120 - Disclosure of Potential Conflicts of Interest

Current through Register Vol. 63, No. 7, July 1, 2024
Each member of the EQC and the Director must disclose any
				potential conflict of interest.
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.035 &
				  468A.310
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 202 - AMBIENT AIR QUALITY STANDARDS AND PREVENTION OF SIGNIFICANT DETERIORATION INCREMENTS › Section 340-202-0010 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
The definitions in OAR
				340-200-0020,
				340-204-0010  and this
				rule apply to this division. If the same term is defined in this rule and
				340-200-0020 or
				340-204-0010, the
				definition in this rule applies to this division.
(1) "Approved method" means an analytical
			 method for measuring air contaminant concentrations described or referenced in
			  40 CFR part 50  and Appendices.
(2)
			 "Oregon standard method" means any method of sampling and analyzing for an air
			 contaminant approved by DEQ. Oregon standard methods are kept on file by DEQ
			 and include all methods described in the DEQ Source Sampling Manual and the DEQ
			 Continuous Monitoring Manual referenced in OAR
			 340-200-0035(2) and
			 (3), respectively.
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
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 202 - AMBIENT AIR QUALITY STANDARDS AND PREVENTION OF SIGNIFICANT DETERIORATION INCREMENTS › Section 340-202-0020 - Applicability and Jurisdiction

Current through Register Vol. 63, No. 7, July 1, 2024
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.
Stat. Auth.: ORS 468.020, 468A.025 & 468A.035
Stat. Implemented: ORS 468A.025, 468A.035 &
				  468A.135
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 202 - AMBIENT AIR QUALITY STANDARDS AND PREVENTION OF SIGNIFICANT DETERIORATION INCREMENTS › Section 340-202-0050 - Purpose and Scope of Ambient Air Quality Standards

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An ambient air quality standard is an
			 established concentration, exposure time, and frequency of occurrence of an air
			 contaminant or multiple contaminants in the ambient air that must not be
			 exceeded. The ambient air quality standards set forth in OAR
			 340-202-0050  through
			 340-202-0130  were
			 established to protect both public health and public welfare.
(2) Ambient air quality standards are not
			 generally used to determine the acceptability or unacceptability of emissions
			 from a specific source of air contamination. More commonly, the measured
			 ambient air quality is compared with the ambient air quality standards to
			 determine the adequacy or effectiveness of emission standards for all sources
			 in a general area. However, if a source or combination of sources are
			 singularly responsible for a violation of ambient air quality standards in a
			 particular area, it may be appropriate to impose emission standards that are
			 more stringent than those otherwise applied to the class of sources involved.
			 Similarly, proposed construction of new sources or expansions of existing
			 sources, that may prevent or interfere with the attainment and maintenance of
			 ambient air quality standards are grounds for issuing an order prohibiting such
			 proposed construction as authorized by ORS 468A.055 and pursuant to OAR
			 340-210-0205  through
			 340-210-0250,
			 and OAR
			 340-218-0190.
			 No source may cause or contribute to a new violation of an ambient air quality
			 standard or PSD increment even if the single source impact is less than the
			 significant impact level.
(3) In
			 adopting the ambient air quality standards in this division, the EQC recognizes
			 that one or more of the standards are currently being exceeded in certain parts
			 of the state. It is hereby declared to be the policy of the EQC to achieve, by
			 application of a timely but orderly program of pollution abatement, full
			 compliance with ambient air quality standards throughout the state at the
			 earliest possible date.
NOTE
: This rule is included in the State of Oregon
				Clean Air Act Implementation Plan that EQC adopted under OAR
				340-200-0040
Stat. Auth.: ORS 468.020 & 468A
Stats. Implemented: ORS 468A.025&
				  468A.035
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 202 - AMBIENT AIR QUALITY STANDARDS AND PREVENTION OF SIGNIFICANT DETERIORATION INCREMENTS › Section 340-202-0060 - Ambient Air Quality Standards: Suspended Particulate Matter

Current through Register Vol. 63, No. 7, July 1, 2024
Concentrations of the fraction of suspended particulate that is
				equal to or less than ten microns in aerodynamic diameter in ambient air as
				measured by an approved method must not exceed:
(1) 150 micrograms of PM10 per cubic meter of
			 air as a 24-hour average concentration for any calendar day. This standard is
			 attained when the expected number of days per calendar year with a 24-hour
			 average concentration above 150 micrograms per cubic meter as determined in
			 accordance with Appendix K of  40 CFR 50  is equal to or less than one at any
			 site. Concentrations of the fraction of suspended particulate that is equal to
			 or less than 2.5 microns in aerodynamic diameter in ambient air as measured by
			 an approved method must not exceed:
(2) 35 micrograms of PM2.5 per cubic meter of
			 air as a 3-year average of annual 98th percentile 24-hour average values
			 recorded at each monitoring site. This standard is attained when the 3-year
			 average of annual 98th percentile 24-hour average concentrations is equal to or
			 less than 35 micrograms per cubic meter as determined in accordance with
			 Appendix N of  40 CFR 50.
(3) 12
			 micrograms of PM2.5 per cubic meter of air as a 3-year average of the annual
			 arithmetic mean. This standard is attained when the annual arithmetic mean
			 concentration is equal to or less than 12 micrograms per cubic meter as
			 determined in accordance with Appendix N of  40 CFR 50 .
[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.]
[NOTE: View a PDF of referenced appendices by clicking on
				"Tables" link below.]
To view tables referenced in rule text,
click here to view
				  rule
.
Statutory/Other Authority: ORS 468 & 468A
Statutes/Other Implemented: ORS
				  468A.025
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 202 - AMBIENT AIR QUALITY STANDARDS AND PREVENTION OF SIGNIFICANT DETERIORATION INCREMENTS › Section 340-202-0070 - Ambient Air Quality Standards: Sulfur Dioxide

Current through Register Vol. 63, No. 7, July 1, 2024
Concentrations of sulfur dioxide in ambient air as measured by
				an approved method for each averaging time must not exceed the following
				concentrations:
(1) Annual average:
			 0.02 ppm as an annual arithmetic mean for any calendar year at any site as
			 measured by the reference method described in appendix A of  40 CFR part 50  or
			 by an equivalent method designated in accordance with  40 CFR part 53.
(2) 24-hour average: 0.10 ppm as a 24-hour
			 average concentration more than once per calendar year at any site as measured
			 by the reference method described in appendix A of  40 CFR part 50  or by an
			 equivalent method designated in accordance with  40 CFR part 53.
(3) 3-hour average: 0.50 ppm as a three-hour
			 average concentration more than once per calendar year at any site as measured
			 by the reference method described in appendix A of  40 CFR part 50.
(4) 1-hour average: 0.075 ppm as a three-year
			 average of the annual 99th percentile of the daily maximum 1-hour average
			 concentration recorded at any monitoring site as determined by appendix T of  40
			 CFR part 50  as measured by a reference method based on appendix A or A-1 of  40
			 CFR part 50, or by a Federal Equivalent Method (FEM) designated in accordance
			 with  40 CFR part 53 .
[NOTE: This rule is included in the State of Oregon Clean Air
				Act Implementation Plan that EQC adopted under OAR 340-200-0040.]
[NOTE: View a PDF of referenced EPA Methods by clicking on
				"Tables" link below.]
To view tables referenced in rule text,
click here to view
				  rule
.
Statutory/Other Authority: ORS
				  468.020 &
				  468A
Statutes/Other Implemented: ORS
				  468A.025  & 468A.035
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 202 - AMBIENT AIR QUALITY STANDARDS AND PREVENTION OF SIGNIFICANT DETERIORATION INCREMENTS › Section 340-202-0080 - Carbon Monoxide

Current through Register Vol. 63, No. 7, July 1, 2024
For comparison to the standard, averaged ambient concentrations
				of carbon monoxide must be rounded to the nearest integer in parts per million
				(ppm). Fractional parts of 0.5 or greater must be rounded up. Concentrations of
				carbon monoxide in ambient air as measured by an approved method, must not
				exceed:
(1) 9 ppm as an eight-hour
			 average concentration more than once per year at any site.
(2) 35 ppm as a one-hour average
			 concentration more than once per year at any 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 & ORS 468A
Stats. Implemented: ORS
				  468A.025
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 202 - AMBIENT AIR QUALITY STANDARDS AND PREVENTION OF SIGNIFICANT DETERIORATION INCREMENTS › Section 340-202-0090 - Ambient Air Quality Standards: Ozone

Current through Register Vol. 63, No. 7, July 1, 2024
Concentrations of ozone in ambient air as measured by an
				approved method must not exceed 0.070 ppm as a daily maximum eight-hour average
				concentration. This standard is attained when, at any site the average of the
				annual fourth-highest daily maximum eight-hour average ozone concentration is
				equal to or less than 0.070 ppm as determined by the method of Appendix I,  40
				C.F.R. 50.
[NOTE: This rule is included in the State of Oregon Clean Air
				Act Implementation Plan that EQC adopted under OAR 340-200-0040.]
[NOTE: View a PDF of Appendix I by clicking on "Tables" link
				below.]
To view tables referenced in rule text,
click here to view
				  rule
.
Statutory/Other Authority: ORS 468 & 468A
Statutes/Other Implemented: ORS
				  468A.025
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 202 - AMBIENT AIR QUALITY STANDARDS AND PREVENTION OF SIGNIFICANT DETERIORATION INCREMENTS › Section 340-202-0100 - Ambient Air Quality Standards: Nitrogen Dioxide

Current through Register Vol. 63, No. 7, July 1, 2024
Concentrations of nitrogen dioxide in ambient air as measured
				by a reference method based on appendix F to  40 CFR part 50  or by a Federal
				equivalent method (FEM) designated in accordance with  40 CFR part 53  must not
				exceed:
(1) 0.053 ppm as an annual
			 average concentration for any calendar year at any site. The standard is met
			 when the annual average concentration in a calendar year is less than or equal
			 to 0.053 ppm, as determined in accordance with appendix S of  40 CFR part 50  for
			 the annual standard.
(2) 0.100 ppm
			 as a 3-year average of the annual 98th percentile of the 1-hour daily maximum
			 concentrations recorded at any monitoring site. The standards is met when the
			 three-year average of the annual 98th percentile of the daily maximum 1-hour
			 average concentration is less than or equal to 0.100 ppm, as determined in
			 accordance with appendix S of  40 CFR part 50  for the 1-hour standard.
(3) 0.053 ppm as an annual arithmetic mean
			 concentration as determined in accordance with Appendix S of  40 CFR part 50 .
			 The secondary standard is attained when the annual arithmetic mean
			 concentration in a calendar year is less than or equal to 0.053 ppm, rounded to
			 three decimal places (fractional parts equal to or greater than 0.0005 ppm must
			 be rounded up). To demonstrate attainment, an annual mean must be based upon
			 hourly data that are at least 75 percent complete or upon data derived from
			 manual methods that are at least 75 percent complete for the scheduled sampling
			 days in each calendar quarter.
[NOTE: This rule is included in the State of Oregon Clean Air
				Act Implementation Plan that EQC adopted under OAR 340-200-0040.]
[NOTE: View a PDF of referenced appendices by clicking on
				"Tables" link below.]
To view tables referenced in rule text,
click here to view
				  rule
.
Statutory/Other Authority: ORS
				  468.020 &
				  468A
Statutes/Other Implemented: ORS
				  468A.025  & 468A.035
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 202 - AMBIENT AIR QUALITY STANDARDS AND PREVENTION OF SIGNIFICANT DETERIORATION INCREMENTS › Section 340-202-0110 - Particle Fallout

Current through Register Vol. 63, No. 7, July 1, 2024
The particle fallout rate as measured by an Oregon standard
				method at a location approved by DEQ must not exceed:
(1) 10 grams per square meter per month in an
			 industrial area.
(2)5.0 grams per
			 square meter per month in an industrial area if visual observations show a
			 presence of wood waste or soot and the volatile fraction of the sample exceeds
			 70 percent.
(3)5.0 grams per
			 square meter per month in residential and commercial areas.
(4)3.5 grams per square meter per month in
			 residential and commercial areas if visual observations show the presence of
			 wood waste or soot and the volatile fraction of the sample exceeds 70
			 percent.
Stat. Auth.: ORS 468.020 & 468A
Stats. Implemented: ORS 468A.025&
				  468A.035
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 202 - AMBIENT AIR QUALITY STANDARDS AND PREVENTION OF SIGNIFICANT DETERIORATION INCREMENTS › Section 340-202-0130 - Ambient Air Quality Standards: Lead

Current through Register Vol. 63, No. 7, July 1, 2024
The concentration of lead and its compounds in ambient air must
				not exceed:
(1) 0.15 micrograms per
			 cubic meter as a maximum arithmetic mean averaged over a calendar quarter, as
			 measured by a reference method based on appendix G of  40 CFR part 53  or an
			 equivalent method designated in accordance with  40 CFR part 53.
(2) The standard is met when the maximum
			 arithmetic 3-month mean concentration for a 3-year period, as determined in
			 accordance with appendix R of 40 CFR part, is less than or equal to 0.15
			 micrograms per cubic meter.
[NOTE: This rule is included in the State of Oregon Clean Air
				Act Implementation Plan that EQC adopted under OAR 340-200-0040.]
[NOTE: View a PDF of referenced appendices by clicking on
				"Tables" link below.]
To view tables referenced in rule text,
click here to view
				  rule
.
Statutory/Other Authority: ORS
				  468.020 &
				  468A
Statutes/Other Implemented: ORS
				  468A.025  & 468A.035
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 202 - AMBIENT AIR QUALITY STANDARDS AND PREVENTION OF SIGNIFICANT DETERIORATION INCREMENTS › Section 340-202-0200 - General

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The purpose of
			 OAR
			 340-202-0200  through
			 340-202-0220  is to implement a program to prevent significant deterioration of air quality
			 in the State of Oregon as required by the FCAA Amendments of 1977.
(2) DEQ will review the adequacy of the SIP
			 on a periodic basis and within 60 days of such time as information becomes
			 available that an applicable increment is being violated. Any SIP revision
			 resulting from the reviews will be subject to the opportunity for public
			 hearing in accordance with procedures established in the SIP.
NOTE
: This rule is included in the State of Oregon
				Clean Air Act Implementation Plan that EQC adopted under OAR
				340-200-0040.
Stat. Auth.: ORS 468.020 & 468A
Stats. Implemented: ORS 468A.025 &
				  468A.035
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 202 - AMBIENT AIR QUALITY STANDARDS AND PREVENTION OF SIGNIFICANT DETERIORATION INCREMENTS › Section 340-202-0210 - Prevention of Significant Deterioration Increments: Ambient Air PSD Increments

Current through Register Vol. 63, No. 7, July 1, 2024
(1) This
			 rule defines significant deterioration. In areas designated as Class I, II or
			 III, emissions from new or modified sources must be limited such that aggregate
			 increases in regulated pollutant concentration over the baseline concentration,
			 as defined in OAR 340-225-0020, are less than the following PSD increments or
			 maximum allowable increases:
(a) For Class I
			 areas:
(A) PM2.5:
(i) Annual arithmetic mean = 1 microgram per
			 cubic meter.
(ii) 24-hour maximum =
			 2 micrograms per cubic meter.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 202 - AMBIENT AIR QUALITY STANDARDS AND PREVENTION OF SIGNIFICANT DETERIORATION INCREMENTS › Section 340-202-0220 - Ambient Air Ceilings

Current through Register Vol. 63, No. 7, July 1, 2024
No concentration of a pollutant may exceed:
(1) The concentration permitted under the
			 national secondary ambient air quality standard;
(2) The concentration permitted under the
			 national primary ambient air quality standard; or
(3) The concentration permitted under the
			 state ambient air quality standard, whichever concentration is lowest for the
			 pollutant for a period of exposure.
NOTE:
This rule is included in the State of Oregon
				Clean Air Act Implementation Plan as adopted by the EQC under OAR
				340-200-0040.
Stat. Auth.: ORS 468.020 & 468A
Stats. Implemented: ORS 468A.025 &
				  468A.035
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 202 - AMBIENT AIR QUALITY STANDARDS AND PREVENTION OF SIGNIFICANT DETERIORATION INCREMENTS › Section 340-202-0225 - Ambient Air Quality Impact Levels for Maintenance Areas

Current through Register Vol. 63, No. 7, July 1, 2024
The following ambient air quality impact levels apply to the
				areas specified for the purpose of the air quality analysis in OAR
				340-224-0060 and
				340-224-0260,
				if required.
(1) In a carbon monoxide
			 maintenance area, 0.5 mg/m3 (8 hour average) and 2 mg/m3 (1-hour average).
(2) In a PM10 maintenance area:
(a) 120 ug/m3 (24-hour average) in the Grants
			 Pass PM10 maintenance area;
(b)
			 140 ug/m3 (24-hour average) in the Klamath Falls PM10 maintenance area; or
(c) 140 ug/m3 (24-hour average) in
			 the Lakeview PM10 maintenance area. In addition, a single source impact is
			 limited to an increase of 5 ug/m3 (24-hour average) in the Lakeview PM10
			 maintenance area.
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 204 - DESIGNATION OF AIR QUALITY AREAS › Section 340-204-0020 - Designation of Air Quality Control Regions

Current through Register Vol. 63, No. 7, July 1, 2024
Oregon's thirty-six counties are divided into five AQCRs. The
				AQCR boundaries follow county lines, and there are no counties that belong to
				more than one AQCR. The five AQCRs are as follows:
(1) Portland Interstate AQCR, containing ten
			 counties:
(a) Benton County;
(b) Clackamas County;
(c) Columbia County;
(d) Lane County;
(e) Linn County;
(f) Marion County;
(g) Multnomah County;
(h) Polk County;
(i) Washington County;
(j) Yamhill County.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 204 - DESIGNATION OF AIR QUALITY AREAS › Section 340-204-0030 - Designation of Nonattainment Areas

Current through Register Vol. 63, No. 7, July 1, 2024
There are not currently any areas designated as Nonattainment
				Areas in the State of Oregon.
[NOTE: This rule is included in the State of Oregon Clean Air
				Act Implementation Plan that EQC adopted under OAR 340-200-0040.]
Statutory/Other Authority: ORS 468.020 & 468A
Statutes/Other Implemented: ORS 468A.025 &
				  468A.035
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 204 - DESIGNATION OF AIR QUALITY AREAS › Section 340-204-0040 - Designation of Maintenance Areas

Current through Register Vol. 63, No. 7, July 1, 2024
The following areas are designated as Maintenance Areas:
(1) Carbon Monoxide Maintenance Areas:
(a) The Eugene Maintenance Area for carbon
			 monoxide is the Eugene-Springfield AQMA as defined in OAR
			 340-204-0010;
(b) The Portland
			 Maintenance Area for carbon monoxide is the Portland Metropolitan Service
			 District as referenced in OAR 340-204-0010;
(c) The Medford Maintenance Area for carbon
			 monoxide is the Medford UGB as defined in OAR 340-204-0010;
(d) The Grants Pass Maintenance Area for
			 carbon monoxide is the Grants Pass CBD as defined in OAR
			 340-204-0010;
(e) The Klamath Falls
			 Maintenance Area for carbon monoxide is the Klamath Falls UGB as defined in OAR
			 340-204-0010;
(f) The Salem
			 Maintenance Area for carbon monoxide is the Salem-Keizer Area Transportation
			 Study as defined in OAR 340-204-0010.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 204 - DESIGNATION OF AIR QUALITY AREAS › Section 340-204-0050 - Designation of Prevention of Significant Deterioration Areas

Current through Register Vol. 63, No. 7, July 1, 2024
(1) All of the
			 following areas which were in existence on August 7, 1977, and for which the
			 1990 Clean Air Act Amendments clarified, shall be Class I Areas and may not be
			 redesignated:
(a) Mt. Hood Wilderness, as
			 established by Public Law 88-577;
(b) Eagle Cap Wilderness, as established by
			 Public Law 88-577;
(c) Hells
			 Canyon Wilderness, as established by Public Law 94-199;
(d) Mt. Jefferson Wilderness, as established
			 by Public Law 90-548;
(e) Mt.
			 Washington Wilderness, as established by Public Law 88-577;
(f) Three Sisters Wilderness, as established
			 by Public Law 88-577;
(g)
			 Strawberry Mountain Wilderness, as established by Public Law 88-577;
(h) Diamond Peak Wilderness, as established
			 by Public Law 88-577;
(i) Crater
			 Lake National Park, as established by Public Law 32-202 ;
(j) Kalmiopsis Wilderness, as established by
			 Public Law 88-577;
(k) Mountain
			 Lake Wilderness, as established by Public Law 88-577;
(l) Gearhart Mountain Wilderness, as
			 established by Public Law 88-577.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 204 - DESIGNATION OF AIR QUALITY AREAS › Section 340-204-0060 - Redesignation of Prevention of Significant Deterioration Areas

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
(a) All areas in Oregon, except as otherwise
			 provided under OAR
			 340-204-0050,
			 are designated Class II as of December 5, 1974;
(b) Redesignation, except as otherwise
			 precluded by OAR
			 340-204-0050,
			 may be proposed by DEQ, as provided below, subject to approval by the EPA
			 Administrator as a revision to the SIP.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 204 - DESIGNATION OF AIR QUALITY AREAS › Section 340-204-0070 - Special Control Areas

Current through Register Vol. 63, No. 7, July 1, 2024
The following areas are designated as Special Control Areas:
(1) The counties within the
			 Willamette Valley, including Benton, Clackamas, Columbia, Lane, Linn, Marion,
			 Multnomah, Polk, Washington and Yamhill Counties;
(2) Umpqua Basin;
(3) Rogue Basin;
(4) Within incorporated cities having a
			 population of 4,000 or more, and within three miles of the corporate limits of
			 any such city.
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 & 468A
Stats. Implemented: ORS
				  468A.025
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 204 - DESIGNATION OF AIR QUALITY AREAS › Section 340-204-0080 - Motor Vehicle Inspection Boundary Designations

Current through Register Vol. 63, No. 7, July 1, 2024
In addition to the area specified in ORS 815.300, pursuant to
				468A.390, the following geographical areas are designated as areas within which
				motor vehicles are subject to the requirement under 815.300 to have a
				Certificate of Compliance issued pursuant to 468A.380 to be registered or have
				the registration of the vehicle renewed.
(1) Portland Vehicle Inspection Area;
(2) Medford-Ashland 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
Stats. Implemented: ORS
				  468A.390
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 204 - DESIGNATION OF AIR QUALITY AREAS › Section 340-204-0090 - Oxygenated Gasoline Control Areas

Current through Register Vol. 63, No. 7, July 1, 2024
The EQC may adopt or amend a CO maintenance plan that includes
				contingency plan provisions that require use of oxygenated fuel.
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.035 &
				  468A.420
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 204 - DESIGNATION OF AIR QUALITY AREAS › Section 340-204-0300 - Designation of Sustainment Areas

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The EQC may
			 designate sustainment areas provided that DEQ submits a request for designation
			 that includes the following information:
(a)
			 Monitoring data showing that an area is exceeding or has the potential to
			 exceed an ambient air quality standard;
(b) A description of the affected area based
			 on the monitoring data;
(c) A
			 discussion and identification of the priority sources contributing to the
			 exceedance or potential exceedance of the ambient air quality standard;
			 and
(d) A discussion of the reasons
			 for the proposed designation.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 204 - DESIGNATION OF AIR QUALITY AREAS › Section 340-204-0310 - Designation of Reattainment Areas

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The EQC may
			 designate reattainment areas provided that DEQ submits a request for
			 designation that includes the following information:
(a) At least three consecutive years of
			 monitoring data showing that an area that is currently designated by EPA as
			 nonattainment is attaining an ambient air quality standard; and
(b) A discussion of the reasons for the
			 proposed designation.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 204 - DESIGNATION OF AIR QUALITY AREAS › Section 340-204-0320 - Priority Sources

Current through Register Vol. 63, No. 7, July 1, 2024
For the purposes of division 224, priority sources are
				identified as follows:
(1) In the
			 Lakeview sustainment area, uncertified residential wood fuel-fired devices. The
			 offset values for replacement of uncertified residential wood fuel-fired
			 devices are specified in OAR
			 340-240-0560.
(2) In any other area, DEQ may
			 identify priority sources during a specific permit action based on the sources
			 addressed in the emission reduction strategies that were included in the
			 attainment or maintenance plans for the area. The offset value for priority
			 sources identified under this section must be determined by DEQ. The offset
			 values for replacement of uncertified residential wood fuel-fired devices in
			 OAR
			 340-240-0560  may only be used if DEQ determines that the values reasonably apply to the
			 geographical area in question.
NOTE
: This rule is included in the State of Oregon
				Clean Air Act Implementation Plan that EQC adopted under OAR
				340-200-0040.
Stat. Auth.: ORS 468.020 & 468A
Stats. Implemented: ORS 468A.025 &
				  468A.035
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 206 - AIR POLLUTION EMERGENCIES › Section 340-206-0010 - Introduction

Current through Register Vol. 63, No. 7, July 1, 2024
OAR 340-206-0030, 340-206-0050  and 340-206-0060  are effective
				within priority I and II air quality control regions (AQCR) as defined in  40
				CFR part 51, subpart H (1995), when the AQCR contains a nonattainment area
				listed in  40 CFR part 81 . All other rules in this division are equally
				applicable to all areas of the state. Notwithstanding any other regulation or
				standard, this division is designed to prevent the excessive accumulation of
				air contaminants during periods of atmospheric stagnation or at any other time,
				which if allowed to continue to accumulate unchecked could result in
				concentrations of these contaminants reaching levels which could cause
				significant harm to the health of persons. This division establishes criteria
				for identifying and declaring air pollution episodes at levels below the level
				of significant harm and are adopted pursuant to the requirements of the FCAA as
				amended and  40 CFR part 51.151 . Levels of significant harm for various
				regulated pollutants listed in  40 CFR part 51.151  are:
(1) For sulfur dioxide (SO2) - 1.0 ppm,
			 24-hour average.
(2) For
			 particulate matter:
(a) PM10 - 600 micrograms
			 per cubic meter, 24-hour average.
(b) PM2.5 - 350.5 micrograms per cubic meter,
			 24-hour average.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 206 - AIR POLLUTION EMERGENCIES › Section 340-206-0020 - 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 & 468A
Stats. Implemented: ORS 468A.025&
				  468A.035
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 206 - AIR POLLUTION EMERGENCIES › Section 340-206-0050 - Source Emission Reduction Plans

Current through Register Vol. 63, No. 7, July 1, 2024
(1) OAR 340-206-8010  through 340-206-8030  set
			 forth specific emission reduction measures which must be taken upon the
			 declaration of an air pollution alert, air pollution warning, or air pollution
			 emergency. Any person responsible for a source of air contamination within a
			 Priority I AQCR must, upon declaration of any air pollution episode condition
			 affecting the locality of the air contamination source, take all appropriate
			 actions specified in the applicable rule and must take appropriate actions
			 specified in an approved source emission reduction plan which has been
			 submitted and is on file with DEQ.
(2) Any person responsible for the operation
			 of any point source of air pollution which is located in a Priority I AQCR,
			 located within an AQMA or located within a nonattainment area listed in  40 CFR,
			 Part 81, and emits 100 tons or more of any regulated pollutant specified by
			 subsection (a) or (b) must file a Source Emission Reduction Plan (SERP) with
			 DEQ in accordance with the schedule described in section (4). Persons
			 responsible for other point sources of air pollution located in a Priority I
			 AQCR may optionally file a SERP with DEQ for approval. Such plans must specify
			 procedures to implement the actions required by OAR 340-206-8010  through
			 340-206-8030  and must be consistent with good engineering practice and safe
			 operating procedures. Source emission reduction plans specified by this section
			 are mandatory only for those sources which:
(a) Emit 100 tons per year or more of any
			 regulated pollutant for which the nonattainment area, AQMA, or any portion of
			 the AQMA is designated nonattainment; or
(b) Emit 100 tons per year or more of
			 volatile organic compounds when the nonattainment area, AQMA or any portion of
			 the AQMA is designated nonattainment for ozone.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 206 - AIR POLLUTION EMERGENCIES › Section 340-206-0060 - Regional Air Pollution Authorities

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Department of Environmental Quality
			 and the regional air pollution authorities shall cooperate to the fullest
			 extent possible to insure uniformity of enforcement and administrative action
			 necessary to implement this Division. With the exception of sources of air
			 contamination where jurisdiction has been retained by the Department of
			 Environmental Quality, all persons within the territorial jurisdiction of a
			 regional air pollution authority shall submit the source emission reduction
			 plans prescribed in OAR
			 340-206-0050  to the regional air pollution authority. The regional air pollution authority
			 shall submit copies of approved source emission reduction plans to the
			 Department of Environmental Quality.
(2) Declarations of air pollution alert, air
			 pollution warning, and air pollution emergency shall be made by the appropriate
			 regional authority. In the event such a declaration is not made by the regional
			 authority, the Department of Environmental Quality shall issue the declaration
			 and the regional authority shall take appropriate remedial actions as set forth
			 in this Division.
(3) Additional
			 responsibilities of the regional authorities shall include, but are not limited
			 to:
(a) Securing acceptable source emission
			 reduction plans;
(b) Measurement
			 and reporting of air quality data to the Department of Environmental
			 Quality;
(c) Informing the public,
			 news media, and persons responsible for air contaminant sources of the various
			 levels set forth in this Division and required actions to be taken to maintain
			 air quality and the public health;
(d) Surveillance and enforcement of source
			 emission reduction plans.
[
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 206 - AIR POLLUTION EMERGENCIES › Section 340-206-0070 - Operations Manual

Current through Register Vol. 63, No. 7, July 1, 2024
The DEQ must maintain an operations manual to administer the
				provisions of this division. This manual must be available to the Department
				Emergency Action office at all times. At a minimum the operations manual must
				contain the following elements:
(1) A
			 copy of this division.
(2) A
			 chapter on communications which must include:
(a) Telephone lists naming public officials,
			 public health and safety agencies, local government agencies, emission sources,
			 news media agencies and individuals who need to be informed about the episode
			 status and information updates. These telephone lists must be specific to
			 episode conditions and will be used when declaring and cancelling episode
			 conditions;
(b) Example and sample
			 messages to be released to the news media for declaring or modifying an episode
			 status.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 206 - AIR POLLUTION EMERGENCIES › Section 340-206-8010 - Air Pollution Episode ALERT Conditions Source Emission Reduction Plan Emission Control Actions to be Taken as Appropriate in Alert Episode Area

Current through Register Vol. 63, No. 7, July 1, 2024
View a PDF of actions by clicking on "Tables" link
				below.
To view tables referenced in rule text,
click here to view
				  rule
.
Statutory/Other Authority: ORS
				  468.020 &
				  468A
Statutes/Other Implemented: ORS
				  468A.025  & 468A.035
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 206 - AIR POLLUTION EMERGENCIES › Section 340-206-8020 - Air Pollution Episode WARNING Conditions Emission Reduction Plan

Current through Register Vol. 63, No. 7, July 1, 2024
[Note: View a PDF of plan details by clicking on "Tables" link
				below.]
To view tables referenced in rule text,
click here to view
				  rule
.
Statutory/Other Authority: ORS
				  468.020 &
				  468A
Statutes/Other Implemented: ORS
				  468A.025  & 468A.035
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 206 - AIR POLLUTION EMERGENCIES › Section 340-206-8030 - Air Pollution Episode EMERGENCY Conditions Emission Reduction Plan

Current through Register Vol. 63, No. 7, July 1, 2024
Pollution Episode Conditions for all Pollutants (Except
				Particulate from Volcanic Activity or Windblown Dust.)
[Note: View a PDF of plan details by clicking on the "Tables"
				link below.]
To view tables referenced in rule text,
click here to view
				  rule
.
Statutory/Other Authority: ORS
				  468.020 &
				  468A
Statutes/Other Implemented: ORS
				  468A.025  & 468A.035
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 206 - AIR POLLUTION EMERGENCIES › Section 340-206-8040 - Air pollution episode conditions due to Particulate which is primarily fallout from volcanic activity or windblown dust. Ambient Particulate control measures to be taken as appropriate in episode area

Current through Register Vol. 63, No. 7, July 1, 2024
[Note: View a PDF of control measures by clicking on the
				"Tables" link below.]
To view tables referenced in rule text,
click here to view
				  rule
.
Statutory/Other Authority: ORS
				  468.020 &
				  468A
Statutes/Other Implemented: ORS
				  468A.025  & 468A.035
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 208 - VISIBLE EMISSIONS AND NUISANCE REQUIREMENTS › Section 340-208-0005 - Applicability and Jurisdiction

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 This division applies in all areas of the state; except rules OAR
			 340-208-0500  through
			 340-208-0610,
			 which apply in all areas of Clackamas, Columbia, Multnomah and Washington
			 counties.
(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
Stats. Implemented: ORS 468A.025&
				  468A.035
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 208 - VISIBLE EMISSIONS AND NUISANCE REQUIREMENTS › Section 340-208-0010 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
The definitions in OAR
				340-200-0020,
				340-204-0010  and this
				rule apply to this division. If the same term is defined in this rule and
				340-200-0020 or
				340-204-0010, the
				definition in this rule applies to this division.
(1) "Abate" means to eliminate the nuisance
			 or suspected nuisance by reducing or managing the emissions using reasonably
			 available practices. The degree of abatement will depend on an evaluation of
			 all of the circumstances of each case and does not necessarily mean completely
			 eliminating the emissions.
(2)
			 "Nuisance" means a substantial and unreasonable interference with another's use
			 and enjoyment of real property, or the substantial and unreasonable invasion of
			 a right common to members of the general public.
(3) "Special control area" means an area
			 designated in OAR
			 340-204-0070.
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.
Stat. Auth.: ORS 468.020 & 468A
Stats. Implemented: ORS 468A.025 &
				  468A.035
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 208 - VISIBLE EMISSIONS AND NUISANCE REQUIREMENTS › Section 340-208-0110 - Visible Air Contaminant Limitations

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The emissions
			 standards in this rule do not apply to fugitive emissions from a source or part
			 of a source.
(2) The visible
			 emissions standards in this rule are based on the average of 24 consecutive
			 observations recorded at 15-second intervals, or more frequently as allowed
			 under subsection (b), which comprise a six-minute block. Six-minute blocks need
			 not be consecutive in time and in no case may two blocks overlap. For each set
			 of 24 observations, the six-minute block average is calculated by summing the
			 opacity of the 24 observations and dividing the sum by 24. Six-minute block
			 averages are measured by:
(a) EPA Method
			 9;
(b) A continuous opacity
			 monitoring system (COMS) installed and operated in accordance with the DEQ
			 Continuous Monitoring Manual or  40 C.F.R. part 60  [NOTE: DEQ manual is
			 published with OAR 340-200-0035] ; or
(c) An alternative monitoring method approved
			 by DEQ that is equivalent to EPA Method 9.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 208 - VISIBLE EMISSIONS AND NUISANCE REQUIREMENTS › Section 340-208-0210 - Requirements for Fugitive Emissions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) No person may cause or permit any
			 materials to be handled, transported, or stored; or a building, its
			 appurtenances, or a road to be used, constructed, altered, repaired or
			 demolished; or any equipment to be operated, without taking reasonable
			 precautions to prevent particulate matter from becoming airborne. Such
			 reasonable precautions may include, but not be limited to the following:
(a) Use, where possible, of water or
			 chemicals for control of dust in the demolition of existing buildings or
			 structures, construction operations, the grading of roads or the clearing of
			 land;
(b) Application of water or
			 other suitable chemicals on unpaved roads, materials stockpiles, and other
			 surfaces which can create airborne dusts;
(c) Full or partial enclosure of materials
			 stockpiles in cases where application of water or other suitable chemicals are
			 not sufficient to prevent particulate matter from becoming airborne;
(d) Installation and use of hoods, fans, and
			 fabric filters to enclose and vent the handling of dusty materials;
(e) Adequate containment during sandblasting
			 or other similar operations;
(f)
			 Covering, at all times when in motion, open bodied trucks transporting
			 materials likely to become airborne;
(g) The prompt removal from paved streets of
			 earth or other material that does or may become airborne.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 208 - VISIBLE EMISSIONS AND NUISANCE REQUIREMENTS › Section 340-208-0300 - Nuisance Prohibited

Current through Register Vol. 63, No. 7, July 1, 2024
(1) No
			 person may cause or allow air contaminants from any source subject to
			 regulation by DEQ to cause a nuisance.
(2) Upon determining a nuisance may exist,
			 DEQ will provide written notice to the person creating the suspected nuisance.
			 DEQ will endeavor to resolve observed nuisances in keeping with the policy
			 outlined in OAR
			 340-012-0026. If DEQ
			 subsequently determines a nuisance exists under
			 340-208-0310  and proceeds with a formal enforcement action, pursuant to OAR 340 division 12,
			 the first day for determining penalties will be no earlier than the date of
			 this notice.
Stat. Auth.: ORS 468.020, 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 340-208-0310 - Determining Whether A Nuisance Exists

Current through Register Vol. 63, No. 7, July 1, 2024
(1) In determining whether a nuisance exists,
			 DEQ may consider factors including, but not limited to, the following:
(a) Frequency of the emission;
(b) Duration of the emission;
(c) Strength or intensity of the emissions,
			 odors or other offending properties;
(d) Number of people impacted;
(e) The suitability of each party's use to
			 the character of the locality in which it is conducted;
(f) Extent and character of the harm to
			 complainants;
(g) The source's
			 ability to prevent or avoid harm.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 208 - VISIBLE EMISSIONS AND NUISANCE REQUIREMENTS › Section 340-208-0320 - Best Work Practices Agreement

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 A person may voluntarily enter into an agreement with DEQ to implement specific
			 practices to abate the suspected nuisance. This agreement may be modified by
			 mutual consent of both parties. This agreement will be an Order for the
			 purposes of enforcement under OAR 340 division 12.
(2) For any source subject to OAR
			 340-216-0020  or
			 340-218-0020, the
			 conditions outlined in the best work practices agreement will be incorporated
			 into the permit at the next permit renewal or modification.
(3) This agreement will remain in effect
			 unless or until DEQ provides written notification to the person subject to the
			 agreement that:
(a) The agreement is
			 superseded by conditions and requirements established later in a permit;
(b) DEQ determines the activities
			 that were the subject of the agreement no longer occur; or
(c) DEQ determines that further reasonably
			 available practices are necessary to abate the suspected nuisance.