Oregon Administrative Code

340-012-0150 Determination of Economic Benefit (1) The Economic Benefit (EB) is the approximate dollar value of the benefit gained and the costs avoided or delayed (without duplication) as a result of the respondent's noncompliance. Except as provided in (3), the EB will be deter…

340-012-0155 Additional or Alternate Civil Penalties (1) DEQ may assess additional civil penalties for the following violations as specified below: (a) DEQ may assess a civil penalty of up to $250,000 to any person who intentionally or recklessly violates any provisions of ORS 16…

340-012-0160 DEQ Discretion Regarding Penalty Assessment (1) In addition to the authority described in section (4) below, DEQ has the discretion to increase a base penalty determined under OAR 340-012-0140 to that derived using the next highest penalty matrix. Factors that may be…

340-012-0162 Inability to Pay the Penalty (1) After a penalty is assessed, DEQ may reduce a penalty based on the respondent's inability to pay the full penalty amount. In order to do so, DEQ must receive information regarding the respondent's financial condition on a form require…

340-012-0165 Stipulated Penalties Nothing in OAR chapter 340, division 12 affects the ability of the commission or DEQ to include stipulated penalties in a Mutual Agreement and Order, Consent Order, Consent Judgment or any other order or agreement issued under ORS Chapters 183, 4…

340-012-0170 Compromise or Settlement of Civil Penalty by DEQ (1) DEQ may compromise or settle a civil penalty assessed in a formal enforcement action at any amount that DEQ deems appropriate. In determining whether a penalty should be compromised or settled, DEQ may take into ac…

340-013-0005 Statement of Policy Wilderness areas represent a natural resource of unique importance. Congress has protected such areas by enacting the Wilderness Act, Public Law 88-577, 16 U.S.C. Sec. 1131, et seq. Those wilderness areas located within the geographical limits of …

340-013-0010 Definitions As used in this Division: (1) “Commission” means the Environmental Quality Commission. (2) “Department” means the Department of Environmental Quality. (3) “Opacity” means the degree to which emissions reduce the transmission of light or obscure the view o…

340-013-0015 Emission Permit Requirements (1) No person shall commence or initiate any activity other than emergency or recreational in a wilderness area which causes the emission of air contaminants, water pollutants or noise in excess of the standards set forth in OAR 340-013-0…

340-013-0020 Environmental Standards (1) Except as provided in section (2) of this rule, no person engaged in an activity other than emergency or recreational within a wilderness area shall: (a) Cause, suffer, allow, or permit any emission of air contaminants greater than five pe…

340-013-0025 Penalties In addition to and not in lieu of any other judicial redress, a person violating this Division shall be subject to criminal prosecution as provided by Oregon Law. Statutory/Other Authority: ORS 468.020 Statutes/Other Implemented: ORS 468.090 - 468.140 Histo…

340-013-0030 National Emergency The Governor of Oregon may suspend the requirements in this Division for the duration of any national emergency. Statutory/Other Authority: ORS 468.020 Statutes/Other Implemented: ORS 401.105 History: DEQ 4-1993, f. & cert. ef. 3-10-93 DEQ 35, f. 2…

340-013-0035 New Wilderness Areas This Division shall not apply to any wilderness area established after January 1, 1972, by the United States until a public hearing on the possible application of this Division or other rules thereto shall have first been held by the Commission. …

340-014-0100 Purpose of Green Permits The purpose of the Green Permits program is to achieve environmental results that are significantly better than otherwise required by law through adoption of environmental management systems or use of innovative approaches or strategies. Agen…

340-014-0105 Definitions (1) “Agency” or “Agencies” means either the Department of Environmental Quality or the Lane Regional Air Pollution Authority or both, as the context requires. (2) “Applicant” means a facility that has applied for a Custom Waiver Permit or GEMS Permit. (3)…

340-014-0110 Criteria for Approval of a Custom Waiver Permit (1) An agency or agencies may approve a Custom Waiver Permit upon demonstration to the agency’s satisfaction that: (a) The waiver requested is necessary to achieve environmental results that are significantly better tha…

340-014-0115 Criteria for Approval of a GEMS Participant Permit An agency or agencies may approve a GEMS Participant Permit (also known as Tier I) upon demonstration to the agency’s satisfaction that the applicant has: (1) Implemented a basic, robust environmental management syst…

340-014-0120 Criteria for Approval of a GEMS Achiever Permit An agency or agencies may approve a GEMS Achiever Permit (also known as Tier II) upon demonstration to the agency’s satisfaction that the applicant has: (1) Implemented, and will maintain and improve a robust environmen…

340-014-0125 Criteria for Approval of a GEMS Leader Permit An agency or agencies may approve a GEMS Leader Permit (also known as Tier III) upon demonstration to the agency’s satisfaction that the applicant has or is able to meet the criteria for the GEMS Achiever Permit and has i…

340-014-0130 Technical Assistance and Recognition Program for GEMS Permits (1) The agency shall provide technical assistance to applicants that have applied for a GEMS permit upon request by the applicant. (2) The agency shall establish a program for recognizing achievements of f…

340-014-0135 Waivers or Incentives (1) A Custom Waiver Permit shall identify the environmental requirements that are waived or replaced and under what conditions. A GEMS Permit shall identify the regulatory flexibility granted by the permit, including the environmental requiremen…

340-014-0140 Conditions and Limitations of Custom Waiver Permits or GEMS Permits (1) All Custom Waiver Permits shall expire after five years unless renewed. (2) All GEMS Participant Permits shall expire after three years unless renewed. GEMS Participant Permits may only be renewe…

340-014-0145 Procedures for Issuing Custom Waiver Permits or GEMS Permits (1) Applications for Custom Waiver Permits or GEMS Permits shall be made to the Department of Environmental Quality in a format specified by the Department. Facilities located in Lane County may choose to a…

340-014-0150 Procedures for Renewing Custom Waiver Permits or GEMS Permits Upon receipt of an application for renewal of the Custom Waiver Permit or GEMS Permit, the agency shall verify that the permittee continues to meet the criteria for approval of the Custom Waiver Permit or …

340-014-0155 Procedures for Modifying Custom Waiver Permits or GEMS Permits (1) A facility with a GEMS permit may apply for a different type of GEMS Permit at any time. (2) A facility with a Custom Waiver Permit or a GEMS permit may apply for a modification of the terms or condit…

340-014-0160 Termination of Green Permits (1) A facility may terminate a Custom Waiver Permit or GEMS Permit by providing 30 days written notice to the agency. (2) An agency may terminate the facility’s GEMS Permit in accordance with the procedures in subsection (4) if: (a) The f…

340-014-0165 Cost Recovery The agency shall recover the costs of the agency in developing, negotiating, and publicizing, a Custom Waiver Permit or GEMS Permit, and may recover the costs of administering a Custom Waiver Permit or GEMS Permit, including permit modifications and ren…

340-016-0005 Purpose The purpose of these rules is to prescribe procedures and criteria to be used by the Department and Commission for issuance of tax credit certificates for pollution control facilities. These rules are to be used in connection with ORS 468.150 to 468.190. Thes…

340-016-0007 Facilities certified under the 1999 Edition For the purposes of ORS 468.173(1), a facility may be certified under the 1999 edition of 468.155 to 468.190 if the facility was substantially completed on or before December 31, 2001, and an application was filed with the …

340-016-0009 Certification of wood chippers For the purpose of subdelegating authority to approve and issue final certification of pollution control facilities under OAR 340-016-0080(2): (1) The Environmental Quality Commission authorizes the Director of the Department of Environ…

340-016-0010 Definitions The definitions in this rule give meaning to the term or phrase as used in OAR 340-016-0005 through 340-016-0080. (1) “Applicant” means any person who applies for a pollution control tax credit under these rules. (2) “Circumstances Beyond the Control of t…

340-016-0055 Application Procedures Any Oregon taxpayer may apply for the certification of a pollution control facility to take relief from their Oregon tax liability. The applicant and the facility shall be eligible under ORS 307.405, 315.304, and 468.150 to 468.190. The applica…

340-016-0060 Eligibility (1) Eligible Facilities. Facilities eligible for pollution control tax credit certification shall include any land, structure, building, installation, excavation, machinery, equipment or device, or alternative methods for field sanitation and straw utiliz…

340-016-0065 Fees The application fee shall be made payable to the Department of Environmental Quality and shall not be refunded to the applicant except as set forth in section (3) of this rule. The application fee shall be based upon the facility cost after any reductions as set…

340-016-0070 Determining the Facility Cost (1) Facility Cost. The applicant shall provide documentation sufficient to substantiate the facility cost. The facility cost shall be reduced by the: (a) Salvage value of a pre-existing facility if the applicant is replacing a facility. …

340-016-0075 Determination of Portion of Facility Cost Allocable to Pollution Control The applicant shall provide the information necessary for the Commission and the Department to determine the portion of the facility cost allocable to pollution control as set forth in ORS 468.1…

340-016-0080 Certification (1) The Preliminary Certificate. The Commission shall pre-certify the eligibility of a facility if the Commission determines the facility is eligible for a pollution control tax credit certificate as set forth in OAR 340-016-0060. The certificate shall …

340-016-0088 Subdelegation of Certificate Administration (1) The Environmental Quality Commission subdelegates authority to the Director of the Department of Environmental Quality to: (a) Transfer the tax credit certificate upon sale or exchange of the certified facility under OA…

340-016-0210 Truck Engine Tax Credits: Purpose This rule establishes Department of Environmental Quality policies and procedures for issuing tax credits to Oregon taxpayers that purchase qualifying truck engines in accordance with Oregon Law 2003, Chapter 618, Sections 28 through…

340-016-0220 Truck Engine Tax Credits: Definitions (1) "DEQ" means the Department of Environmental Quality. (2) "The 2003 Laws" means Oregon Laws 2003, Chapter 618, Sections 28 through 32 as reprinted in a note following ORS 315.356. (3) "Program limitation" means the maximum amo…

340-016-0230 Truck Engine Tax Credits: Application Procedures (1) Any Oregon taxpayer may submit an application to the DEQ after purchasing a qualifying engine and within the eligibility period provided by OAR 340-016-0210. (2) The taxpayer must apply for the tax credit on the fo…

340-016-0240 Truck Engine Tax Credits: Allocating the Limitations (1) The DEQ will first allocate the program limitation to the earliest application date based on the date that the DEQ receives a complete application according to OAR 340-016-0230(5). (2) If the DEQ receives sever…

340-016-0250 Truck Engine Tax Credits: Approval or Rejection Procedures (1) The DEQ will approve all qualifying truck engines within 45 days of the date that the taxpayer submits an application under the following conditions: (a) The applicant filed the application within the eli…

340-016-0260 Truck Engine Tax Credits: Procedures for Reconsideration and Review If, for any reason, the taxpayer is dissatisfied with DEQ’s rejection of a truck engine for the credit according to OAR 340-016-050(2), the taxpayer may appeal the rejection. (1) The taxpayer may req…

340-016-0270 Clean Diesel Report and Retrofit Tax Credits: Purpose and Scope (1) The purpose of the Clean Diesel Repower and Retrofit Tax Credits rule is to provide an incentive for making investments in qualifying projects that reduce diesel emissions from engines used in Oregon…

340-016-0280 Clean Diesel Report and Retrofit Tax Credits: Definitions As used in OAR 340-016-0270 through 340-016-0340, unless specifically defined otherwise: (1) "Applicable local, state or federal pollution or emissions law" means a regulation that requires a diesel engine to …

340-016-0290 Clean Diesel Report and Retrofit Tax Credits: Standards for a Qualifying Repower or Retrofit (1) To qualify for the Clean Diesel Repower and Retrofit Tax Credit, the repower or retrofit must: (a) Be either a repower of a nonroad Oregon diesel engine or a retrofit of …

340-016-0300 Clean Diesel Report and Retrofit Tax Credits: Application Procedures (1) Any person may submit an application to the Department for a Clean Diesel Repower and Retrofit Tax Credit after completing a qualifying repower or retrofit that occurred between September 28, 20…

340-016-0310 Clean Diesel Report and Retrofit Tax Credits: Tax Credit Cost Certification Letter (1) If the Department approves an application pursuant to OAR 340-016-0330, it will issue a letter certifying the cost of a repower or retrofit according to 340-259-0020. The letter ma…

340-016-0320 Clean Diesel Report and Retrofit Tax Credits: Allocating the Limitations (1) The Department will allocate the program limitation among applicants according to the order in which the Department receives applications that it determines to be complete and do not require…