Oregon Administrative Code

340-214-0114 Reporting: Records; Maintaining and Reporting (1) When notified by DEQ, any person owning or operating a source within the state must keep and maintain written records of the nature, type, and amounts of emissions from such source and other information DEQ may requir…

340-214-0120 Reporting: Enforcement Notwithstanding any other provisions contained in any applicable requirement, any credible evidence may be used for the purpose of establishing whether a person has violated or is in violation of any such applicable requirements. Statutory/Othe…

340-214-0130 Reporting: Information Exempt from Disclosure (1) Pursuant to the provisions of ORS 192.311 to 192.478, all information submitted to DEQ is subject to inspection upon request by any person unless such information is determined to be exempt from disclosure pursuant to…

340-214-0200 Emission Statements for VOC and NOx Sources: Purpose and Applicability (1) The purpose of these rules is to obtain data on actual emissions of VOCs and NOx from sources in ozone nonattainment areas, in accordance with FCAA requirements, for the purpose of monitoring …

340-214-0210 Emission Statements for VOC and NOx Sources: Requirements (1) Owners or operators of VOC and NOx sources subject to the requirements of OAR 340-214-0200 through 340-214-0220 must submit data annually on the average actual emissions during the ozone season to DEQ. The…

340-214-0220 Emission Statements for VOC and NOx Sources: Submission of Emission Statement The owner or operator of any facility meeting the applicability requirements stated in OAR 340-214-0200 must submit annual Emission Statements to DEQ. The Emission Statement for the precedi…

340-214-0300 Excess Emissions and Emergency Provision: Purpose and Applicability (1) Emissions of air contaminants in excess of applicable standards or permit conditions, described in OAR 340-214-0310 through OAR 340-214-0330, are unauthorized and subject to enforcement action. (…

340-214-0310 Excess Emissions and Emergency Provision: Planned Startup and Shutdown (1) This rule applies to any source where startup or shutdown of a production process or system may result in excess emissions, and (a) That is a major source; or (b) That is in a non-attainment o…

340-214-0320 Excess Emissions and Emergency Provision: Scheduled Maintenance (1) If the owner or operator anticipates that scheduled maintenance of air contaminant sources or air pollution control devices may result in excess emissions, the owner or operator must obtain prior DEQ…

340-214-0330 Excess Emissions and Emergency Provision: All Other Excess Emissions (1) This rule applies to all excess emissions not addressed in OAR 340-214-0310 and 340-214-0320. (a) The owner or operator of a large source, as defined by OAR 340-214-0010, must immediately notify…

340-214-0340 Excess Emissions and Emergency Provision: Reporting Requirements (1) For any excess emissions event at a source with an Oregon Title V Operating Permit and for any other source as required by permit, the owner or operator must submit a written report of excess emissi…

340-214-0350 Excess Emissions and Emergency Provision: Enforcement Action Criteria In determining whether to take enforcement action for excess emissions, DEQ considers, based upon information submitted by the owner or operator, the following: (1) Whether the owner or operator me…

340-215-0010 Purpose and Scope (1) This division establishes greenhouse gas registering, reporting, and other requirements for operators of certain facilities that emit greenhouse gases, fuel suppliers, and electricity suppliers. (2) Subject to the requirements in this division a…

340-215-0020 Definitions The definitions in OAR 340-200-0020 and this rule apply to this division. If the same term is defined in this rule and OAR 340-200-0020, the definition in this rule applies to this division. (1) “Asset-controlling supplier” or “ACS” means a person that ow…

340-215-0030 Applicability (1) This division applies to all persons identified in sections (2) through (6) of this rule, except as provided in OAR 340-215-0032 and 340-215-0034. (2) Stationary sources and electric power system facilities. Any person that owns or operates a source…

340-215-0032 Deferrals and Exemptions DEQ may defer or exempt specific processes, categories of sources, or specific types of greenhouse gas emissions, from this division’s requirements if DEQ determines that adequate reporting protocols are not available or that other extenuatin…

340-215-0034 Changes in Ownership and Cessation of Reporting Requirements (1) Cessation of reporting for reduced emissions. (a) A regulated entity is no longer required to report if the regulated entity retains records as required in subsection (b), makes the report required in s…

340-215-0040 Greenhouse Gas Registration and Reporting Requirements (1) Each registration or emissions data report submitted by a regulated entity according to this division must contain certification by a designated representative of the truth, accuracy, and completeness of the …

340-215-0042 Recordkeeping Requirements (1) Each regulated entity subject to the requirements under OAR chapter 340, division 272 must retain all records as required by this rule, and any records or other materials maintained under any applicable requirements of 40 C.F.R. part 98…

340-215-0044 Emissions Data Reports (1) Regulated entities must monitor emissions and submit emissions data reports to DEQ following the requirements specified in this division. Individual emissions data reports are identified as follows: (a) An individual emissions data report m…

340-215-0046 Reporting Deadlines (1) Reporting deadlines. (a) Stationary sources and electric power system facilities required to register and report under OAR 340-215-0030(2) must register and submit annual emissions data reports to DEQ under OAR 340-215-0044 by the due date for…

340-215-0060 Greenhouse Gas Reporting Fees (1) Any person required to register and report under OAR 340-215-0030(2)(a) must submit greenhouse gas reporting fees to DEQ as specified in OAR 340-220-0050(3) and 340-220-0110(6). (2) Any person required to register and report under OA…

340-215-0105 Requirements for Stationary Sources and Electric Power System Facilities Regulated entities required to register and report to DEQ under OAR 340-215-0030(2) must: (1) Unless otherwise specified in this rule, calculate and report all GHG emissions for which there are …

340-215-0110 Requirements for Fuel Suppliers and In-State Producers Fuel suppliers and in-state producers including but not limited to gasoline, distillate fuel oil, propane, and aircraft fuel dealers required to register and report under OAR 340-215-0030(3), but not including na…

340-215-0115 Requirements for Natural Gas Suppliers and In-State Producers Natural gas suppliers and in-state producers required to register and report under OAR 340-215-0030(4) must: (1) Report the information required including the volume (Mscf), energy (MMBtu), type of natural…

340-215-0120 Requirements for Electricity Suppliers Electricity suppliers required to register and report under OAR 340-215-0030(5) must report information and emissions related to the generation of electricity delivered or distributed to end users in this state during the previo…

340-215-0125 Requirements for Petroleum and Natural Gas Systems (1) Any person required to register and report under OAR 340-215-0030(6) must submit an emissions data report utilizing EPA quantification methodologies and data reporting requirements in 40 C.F.R part 98 subpart W. …

340-215-0130 Separate Violations Each metric ton of greenhouse gas emissions not reported according to the requirements of this division by a covered entity, as defined in OAR 340-273-0020, that affects applicability determinations, compliance instrument distribution, or complian…

340-216-0010 Purpose This division prescribes the requirements and procedures for obtaining Air Contaminant Discharge Permits (ACDPs) pursuant to ORS 468A.040 through 468A.060 and related statutes for sources of air contaminants. NOTE: This rule is included in the State of Oregon…

340-216-0020 Applicability and Jurisdiction (1) This division applies to all sources listed in OAR 340-216-8010. This division also applies to Oregon Title V Operating Permit program sources when an ACDP is required by 340-218-0020 or 340-224-0010. Sources referred to in 340-216-…

340-216-0025 Types of Permits (1) Construction ACDP: (a) A Construction ACDP may be used for approval of Type 3 changes specified in OAR 340-210-0225 at a source subject to the ACDP permit requirements in this division. (b) A Construction ACDP is required for Type 3 changes speci…

340-216-0030 Definitions The definitions in OAR 340-200-0020, 340-204-0010, 340-245-0020 and this rule apply to this division. If the same term is defined in this rule and 340-200-0020, 340-204-0010 or 340-245-0020, the definition in this rule applies to this division. (1) “Basic…

340-216-0040 Application Requirements (1) New Permits. (a) Except for Short Term Activity ACDPs, any person required to obtain a new ACDP must provide a complete application with the following general information, as applicable, in addition to any other information required for a…

340-216-0052 Construction ACDP (1) Purpose. A Construction ACDP is a permit for approval of Type 3 construction or modification changes as specified in OAR 340-210-0225 and 340-210-0240. The Construction ACDP includes requirements for the construction or modification of stationar…

340-216-0054 Short Term Activity ACDPs (1) Applicability. DEQ may issue a Short Term Activity ACDP for the following types of activities: (a) Activities that do not require a Title V permit under OAR chapter 340, division 218; (b) Unexpected or emergency activities; or (c) Operat…

340-216-0056 Basic ACDPs (1) Application requirements. Any person requesting a Basic ACDP must submit an application according to OAR 340-216-0040 and provide the information specified in OAR 340-216-0040(1). (2) DEQ may determine that a source is ineligible for a Basic ACDP base…

340-216-0060 General Air Contaminant Discharge Permits (1) Applicability. (a) DEQ may issue a General ACDP under the following circumstances: (A) There are multiple sources that involve the same or substantially similar types of operations; (B) All requirements applicable to the …

340-216-0062 General ACDP Attachments (1) Purpose. This rule allows a source to be assigned to one General ACDP and one or more General ACDP Attachments, as long as the General ACDP and General ACDP Attachment contain all requirements applicable to the source. This would allow a …

340-216-0064 Simple ACDP (1) Application Requirements. Any person requesting a new, modified, or renewed Simple ACDP must submit an application according to OAR 340-216-0040. (2) DEQ may determine that a source is ineligible for a Simple ACDP based upon the considerations in OAR …

340-216-0066 Standard ACDPs (1) Application requirements. Any person requesting a new, modified, or renewed Standard ACDP must submit an application according to OAR 340-216-0040 and include the following additional information as applicable: (a) New or modified Standard ACDPs th…

340-216-0068 Simple and Standard ACDP Attachments (1) Purpose. This rule allows DEQ to add new requirements to existing Simple or Standard ACDPs by assigning the source to an ACDP Attachment issued under section (2). An ACDP Attachment would apply to an affected source until the …

340-216-0069 Toxic Air Contaminant Permit Addendums (1) Purpose and Intent. DEQ may implement requirements pertaining to toxic air contaminants under OAR chapter 340, division 245 as follows: (a) For new sources required to obtain a Standard or Simple ACDP, by including condition…

340-216-0070 Permitting Multiple Sources at a Single Adjacent or Contiguous Site A single or contiguous site containing activities or processes that are covered by more than one General ACDP, or a source that contains processes or activities listed in more than one part of OAR 34…

340-216-0082 Expiration, Termination, Reinstatement or Revocation of an ACDP (1) Expiration. (a) A source may not be operated after the expiration date of a permit, unless any of the following occur prior to the expiration date of the permit: (A) A timely and complete application…

340-216-0084 Department Initiated Modification (1) If DEQ determines it is appropriate to modify an ACDP, other than a General ACDP, DEQ will notify the permittee by regular, registered or certified mail of the modification and will include the proposed modification and the reaso…

340-216-0090 Sources Subject to ACDPs and Fees (1) All air contaminant discharge sources listed in OAR 340-216-8010 must obtain a permit from DEQ and are subject to fees in OAR 340-216-8020. (2) An owner or operator of a source that is required to demonstrate compliance with Clea…

340-216-0094 Temporary Closure (1) A permittees that temporarily suspends activities for which an ACDP is required may apply for a fee reduction due to temporary closure. However, the anticipated period of closure must exceed six months and must not be due to regular maintenance …

340-216-8010 Table 1 — Activities and Sources [NOTE: This rule is included in the State of Oregon Clean Air Act Implementation Plan that EQC adopted under OAR 340-200-0040.] [NOTE: For the history of these tables prior to 2014 see the history under OAR 340-216-0020] [ED. NOTE: To…

340-216-8020 Table 2 — Air Contaminant Discharge Permits (1) Sources referred to in Table 1 of OAR 340-216-8010 are subject to air contaminant discharge permit fees in Table 2. Title V sources may be subject to the Cleaner Air Oregon annual fees and the specific activity permit f…

340-216-8030 Table 3 — Cleaner Air Oregon Specific Activity Fees Sources subject to OAR chapter 340, division 245, Cleaner Air Oregon, are required to pay the specific activity fees in Table 3. [ED. NOTE: To view attachments referenced in rule text, click here for PDF copy.] Stat…