Oregon Administrative Code

340-208-0210 Requirements for Fugitive Emissions (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 t…

340-208-0300 Nuisance Control Requirements: Nuisance Prohibited (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 th…

340-208-0310 Nuisance Control Requirements: Determining Whether A Nuisance Exists (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 inte…

340-208-0320 Nuisance Control Requirements: Best Work Practices Agreement (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 agreemen…

340-208-0400 Nuisance Control Requirements: Masking of Emissions 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 o…

340-208-0450 Nuisance Control Requirements: Particle Fallout Limitation 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 pers…

340-208-0500 Clackamas, Columbia, Multnomah, and Washington Counties: Application OAR 340-208-0510 through 340-208-0610 apply in Clackamas, Columbia, Multnomah, and Washington Counties. Statutory/Other Authority: ORS 468 & 468A Statutes/Other Implemented: ORS 468A.025 History: DE…

340-208-0510 Clackamas, Columbia, Multnomah, and Washington Counties: Exclusions (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, except for activities for which s…

340-208-0550 Clackamas, Columbia, Multnomah, and Washington Counties: Odor Control Measures (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-…

340-208-0570 Clackamas, Columbia, Multnomah, and Washington Counties: Ships 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 fo…

340-208-0590 Clackamas, Columbia, Multnomah, and Washington Counties: Emission Standards — General 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 340…

340-208-0610 Clackamas, Columbia, Multnomah, and Washington Counties: Particulate Matter Weight Standards 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 …

340-209-0010 Purpose 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…

340-209-0020 Applicability 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 ex…

340-209-0030 Public Notice Categories and Timing (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 lo…

340-209-0040 Public Notice Information (1) The following information is required in public notices for all proposed ACDP, draft Oregon Title V Operating Permit actions, and Toxic Air Contaminant Permit Addenda(t) issued under division 245, except for General Permit actions: (a) N…

340-209-0050 Public Notice Procedures (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 …

340-209-0060 Persons Required to Be Notified (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…

340-209-0070 Hearing Procedures 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…

340-209-0080 Issuance or Denial of a Permit (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, dist…

340-210-0010 Applicability and Jurisdiction (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 divisio…

340-210-0020 Definitions 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 Sta…

340-210-0100 Registration in General (1) Any air contaminant source not subject to Air Contaminant Discharge Permits, OAR chapter 340, division 216, or Oregon Title V Operating Permits, OAR chapter 340, division 218, must register with DEQ upon request pursuant to OAR 340-210-011…

340-210-0110 Registration Requirements (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 availabl…

340-210-0120 Re-Registration and Maintaining Registration (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…

340-210-0205 Notice of Construction and Approval of Plans: Applicability and Requirements (1) Except as provided in section (2), OAR 340-210-0205 through 340-210-0250 apply to the following: (a) New Sources. Owners or operators of proposed new sources, not otherwise required to o…

340-210-0225 Notice of Construction and Approval of Plans: Types of Construction/Modification Changes For the purpose of OAR 340-210-0205 through 340-210-0250, emission calculations for determining the type of change at a source must use the regulated air pollutant emission capac…

340-210-0230 Notice of Construction and Approval of Plans: Notice to Construct Application (1) An application for any type of change must meet the requirements of the rules that were in effect on the date the complete application was submitted. (2) Any person proposing a Type 1 o…

340-210-0240 Notice of Construction and Approval of Plans: Construction Approval (1) Approval to Construct: (a) For Type 1 changes: (A) Under OAR 230-210-0225(1)(b), the owner or operator of a source may proceed with the construction or modification immediately after notifying DE…

340-210-0250 Notice of Construction and Approval of Plans: Approval to Operate (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…

340-212-0005 Applicability and Jurisdiction (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:…

340-212-0010 Definitions 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…

340-212-0110 Sampling, Testing and Measurement: Applicability 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 S…

340-212-0120 Sampling, Testing and Measurement: Program (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…

340-212-0130 Sampling, Testing and Measurement: Stack Heights and Dispersion Techniques (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 gen…

340-212-0140 Sampling, Testing and Measurement: Methods (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…

340-212-0150 Sampling, Testing and Measurement: Department Testing 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,…

340-212-0200 Compliance Assurance Monitoring: Purpose and Applicability (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 requ…

340-212-0210 Compliance Assurance Monitoring: Monitoring Design Criteria (1) General criteria. To provide a reasonable assurance of compliance with emission limitations or standards for the anticipated range of operations at a regulated pollutant-specific emissions unit, monitori…

340-212-0220 Compliance Assurance Monitoring: Submittal Requirements (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 t…

340-212-0230 Compliance Assurance Monitoring: Deadlines for Submittals (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 …

340-212-0240 Compliance Assurance Monitoring: Approval of Monitoring Plans (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 plan…

340-212-0250 Compliance Assurance Monitoring: Operation of Approved Monitoring (1) Commencement of operation. The owner or operator must conduct the monitoring required under OAR 340-212-0200 through 340-212-0280 upon issuance of an Oregon Title V Operating Permit that includes s…

340-212-0260 Compliance Assurance Monitoring: Quality Improvement Plan (QIP) Requirements (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-…

340-212-0270 Compliance Assurance Monitoring: Reporting and Recordkeeping Requirements (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…

340-212-0280 Compliance Assurance Monitoring: Savings Provisions Nothing in OAR 340-212-0200 through 340-212-0280: (1) Excuses the owner or operator of a source from complying with any existing emission limitation or standard, or with any existing monitoring, testing, reporting, …

340-214-0005 Applicability and Jurisdiction (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:…

340-214-0010 Definitions The definitions in OAR 340-200-0020, 340-204-0010 and this rule apply to this division. If the same term is defined in this rule and 340-200-0020 or 340-204-0010, the definition in this rule applies to this division. (1) "Large source", as used in OAR 340…

340-214-0100 Reporting: Applicability OAR 340-214-0100 through 340-214-0130 apply to all stationary sources in the state. Stationary source includes portable sources that are required to have permits under division 216. NOTE: This rule is included in the State of Oregon Clean Air…

340-214-0110 Reporting: Request for Information All owners or operators of stationary sources must provide any and all information and analysis, including an air quality analysis of the source, that DEQ reasonably requires for the purpose of regulating stationary sources. DEQ wil…