Oregon Administrative Code

340-242-0340 Voluntary Maximum Parking Ratio Program: What are the Incentives for Complying with the Voluntary Parking Ratio Program? (1) Employers in the development receive an exemption from the Employee Commute Options program in OAR 340-242-0010 through 340-242-0290. (2) Prop…

340-242-0350 Voluntary Maximum Parking Ratio Program: Why Do I Need a Parking Ratio Permit? (1) The parking ratio permit formally documents the agreement with the Department to construct parking within the maximum parking ratio and it provides an enforcement mechanism if the prop…

340-242-0360 Voluntary Maximum Parking Ratio Program: What is Required to Obtain a Parking Ratio Permit? Any property owner who chooses to limit construction of parking facilities at its site must submit the following information: (1) A completed permit application form; (2) Iden…

340-242-0370 Voluntary Maximum Parking Ratio Program: How is the Parking Ratio Program Enforced? (1) A Parking Ratio Permit is a written permit in letter form issued by the Department bearing the signature of the Director or his/her designee. (2) The general permitting provisions…

340-242-0380 Voluntary Maximum Parking Ratio Program: When Will the Department Act on a Submitted Permit Application? (1) The Department will notify the applicant within 15 days of filing an application if further information is needed or if the application is complete. (2) The D…

340-242-0390 Voluntary Maximum Parking Ratio Program: What are the Applicable Parking Ratios? TABLE 1. [ED. NOTE: To view attachments referenced in rule text, click here for PDF copy.] Statutory/Other Authority: ORS 468.020 Statutes/Other Implemented: ORS 468A.363 History: DEQ 13…

340-242-0400 Industrial Emission Management Program: Applicability (1) OAR 340-242-0430 through 340-242-0440 apply to all new sources or modifications at existing sources that have increases of VOC or NOx equal to or greater than the SER and are located in the Portland Air Qualit…

340-242-0410 Industrial Emission Management Program: Definition of Terms The definitions in OAR 340-200-0020, 340-204-0010 and this rule apply in OAR 340-242-0400 through 340-242-0440. If the same term is defined in this rule and OAR 340-200-0020 or 340-204-0010, the definition i…

340-242-0420 Industrial Emission Management Program: Unused PSEL Donation Program (1) This program encourages owners or operators of VOC and NOx sources identified in OAR 340-242-0400(1) to donate unused PSEL to DEQ. Under this program, donations can be either permanent or tempor…

340-242-0430 Industrial Emission Management Program: Industrial Growth Allowances (1) This rule establishes industrial growth allowances for sources identified in OAR 340-242-0400. The amount of each growth allowance is defined in the SIP and is on file with DEQ. (2) The owner or…

340-242-0440 Industrial Emission Management Program: Industrial Growth Allowance Allocation (1) The owner or operator of a source subject to this division may obtain a portion of any remaining emissions in the respective growth allowance in accordance with procedures described in…

340-242-0600 Motor Vehicle Refinishing: Applicability OAR 340-242-0600 through 340-242-0630 apply to any person who owns, leases, operates or controls a motor vehicle refinishing facility in the Portland AQMA. NOTE: This rule is included in the State of Oregon Clean Air Act Imple…

340-242-0610 Motor Vehicle Refinishing: Definitions The definitions in OAR 340-200-0020, 340-204-0010 and this rule apply in 340-242-0600 through 340-242-0630. If the same term is defined in this rule and 340-200-0020 or 340-204-0010, the definition in this rule applies in 340-24…

340-242-0620 Motor Vehicle Refinishing: Requirements for Motor Vehicle Refinishing in Portland AQMA Except as provided in section (3), persons performing motor vehicle refinishing of on-road motor vehicles within the Portland AQMA must: (1) Clean any spray equipment, including pa…

340-242-0630 Motor Vehicle Refinishing: Inspecting and Testing Requirements The owner or operator of any facility subject to OAR 340-242-0600 through 340-242-0630 must, at any reasonable time, make the facility available for inspection by DEQ. NOTE: This rule is included in the S…

340-244-0010 General Provisions for Stationary Sources: Policy and Purpose The Environmental Quality Commission finds that certain air contaminants for which there are no ambient air quality standards may cause or contribute to an identifiable and significant increase in mortalit…

340-244-0020 General Provisions for Stationary Sources: Delegation of Authority Subject to the requirements in this division, LRAPA is designated by the EQC to implement and enforce, within its area of jurisdiction. The requirements and procedures contained in this division must …

340-244-0030 General Provisions for Stationary Sources: Definitions Except as provided in OAR 340-244-0220 and -0232, the definitions in OAR 340-200-0020, 340-218-0030 and this rule apply to this division. If the same term is defined in this rule and OAR 340-200-0020 or 340-218-0…

340-244-0040 General Provisions for Stationary Sources: List of Hazardous Air Pollutants For purposes of this division the EQC adopts by reference the pollutants, including groups of substances and mixtures, listed in section 112(b), as Hazardous Air Pollutants (Table 1). [ED. NO…

340-244-0050 General Provisions for Stationary Sources: Amending the List of Hazardous Air Pollutants (1) Any person may file a petition with the Department to amend the HAP List. The petition must include at least the following information: (a) Name and chemical abstract service…

340-244-0100 Compliance Extensions for Early Reductions: Applicability The requirements of 40 C.F.R. Part 63, Subpart D apply to an owner or operator of an existing source who wishes to obtain a compliance extension and an alternative emission limit from a standard issued under S…

340-244-0200 Compliance Extensions for Early Reductions: Emissions Limitation for New and Reconstructed Major Sources (1) Federal MACT. Any person who proposes to construct a major source of HAP after an applicable emissions standard has been proposed by the EPA pursuant to Secti…

340-244-0210 Emission Standards: Emissions Limitation for Existing Sources (1) Federal MACT. Existing major and area sources must comply with the applicable emissions standards for existing sources promulgated by the EPA pursuant to section 112(d), section 112(n), or section 129 …

340-244-0220 Emission Standards: Federal Regulations Adopted by Reference (1) Except as provided in sections (2) and (3) of this rule, 40 CFR Part 61, Subparts A, C through F, J, L, N through P, V, Y, BB, and FF and 40 CFR Part 63, Subparts A, F through J, L through O, Q through …

340-244-0231 Gasoline Dispensing Facilities: Purpose Rules under OAR 340-244-0231 through -0252 establish emission limitations and management practices for hazardous air pollutants and volatile organic compounds emitted from the loading of gasoline storage tanks and dispensing of…

340-244-0232 Gasoline Dispensing Facilities: Definitions The following definitions apply to OAR 340-244-0232 through -0252. If the same term is defined in this rule and OAR 340-200-0020, 340-244-0030, or 340-218-0030, the definition in this rule applies to OAR 340-244-0231 throug…

340-244-0234 Gasoline Dispensing Facilities: Affected Equipment and Sources (1) The emission sources to which the Gasoline Dispensing Facilities rules under OAR 340-244-0231 through 340-244-0252 apply are gasoline storage tanks and all associated equipment components in vapor or …

340-244-0235 Gasoline Dispensing Facilities: General Duties to Minimize Emissions (1) The owner or operator of a GDF must, at all times, operate and maintain all equipment, including associated air pollution control equipment and monitoring equipment, in a manner consistent with …

340-244-0236 Emission Standards for Gasoline Dispensing Facilities: Affected Equipment or Processes (1) The emission sources to which this rule applies are gasoline storage tanks and associated equipment components in vapor or liquid gasoline service at new, reconstructed, or exi…

340-244-0237 Gasoline Dispensing Facilities: GDF 1 The owner or operator of a GDF 1 as described in OAR 340-244-0234(4) must comply with the following requirements: (1) Work Practices, No Top Off, and Submerged Fill under OAR 340-244-0245; and (2) Recordkeeping under OAR 340-244-…

340-244-0238 Gasoline Dispensing Facilities: GDF 2 The owner or operator of a GDF 2 as described in OAR 340-244-0234(4) must comply with the following requirements: (1) All applicable requirements under OAR 340-244-0237; and (2) Reporting under OAR 340-244-0251. [NOTE: This rule …

340-244-0241 Gasoline Dispensing Facilities: GDF 3 (1) The owner or operator of a GDF 3 as described in OAR 340-244-0234(4) must comply with the following requirements: (a) All applicable requirements under OAR 340-244-0238; and (b) Testing requirements under OAR 340-244-0249. (2…

340-244-0242 Gasoline Dispensing Facilities: GDF 4 (1) The owner or operator of a GDF 4 as described in OAR 340-244-0234(4) must comply with all applicable requirements under OAR 340-244-0241; (2) The owner or operator of a GDF 4 which commenced construction on or after July 1, 2…

340-244-0243 Gasoline Dispensing Facilities: GDF 5 (1) The owner or operator of a GDF 5 as described in OAR 340-244-0234(4) must comply with all applicable requirements under OAR 340-244-0242; (2) The owner or operator of a GDF 5 which commenced construction on or after July 1, 2…

340-244-0245 Gasoline Dispensing Facilities: Work Practices, No Top Off, and Submerged Fill (1) Work Practices. The owner or operator of a GDF must not allow gasoline to be handled in a manner that would result in vapor releases to the atmosphere for extended periods of time. Mea…

340-244-0246 Gasoline Dispensing Facilities: Enhanced Vapor Recovery Requirements (1) All storage tanks referred to this rule that are new, replaced, or reconstructed after July 1, 2024 must be equipped with CARB certified Stage I Enhanced Vapor Recovery equipment before being pl…

340-244-0247 Gasoline Dispensing Facilities: Stage II Vapor Recovery System (1) The owner or operator of a GDF with a Stage II vapor recovery system referred to this rule must determine, by no later than July 1, 2024, whether the currently installed Stage II vapor recovery system…

340-244-0248 Gasoline Dispensing Facilities: Stage I Vapor Balance System (1) The owner or operator of a GDF or storage tank referred to this rule, except for gasoline storage tanks with floating roofs or the equivalent, must meet each of the following management practice and equ…

340-244-0249 Gasoline Dispensing Facilities: Testing and Monitoring Requirements (1) Effective March 23, 2024, the testing listed in this rule must be conducted and passed for each Stage I vapor balance system, Enhanced Vapor Recovery system, and Stage II vapor recovery system, a…

340-244-0250 Gasoline Dispensing Facilities: Recordkeeping (1) The owner or operator of a GDF must have records available within 24 hours of a request by DEQ to document gasoline throughput. (2) Each owner or operator of a GDF must keep the following records: (a) Records of all t…

340-244-0251 Gasoline Dispensing Facilities: Reporting (1) Test Reports. Each owner or operator of a GDF subject to the requirement to perform a test under OAR 340-244-0249 must report the results to DEQ within 30 days of the completion of the performance testing. (2) Annual repo…

340-244-0252 Emission Standards for Gasoline Dispensing Facilities: General Provision Applicability Table 3 to 40 CFR part 63 subpart CCCCCC shows which parts of the General Provisions apply to the owner or operator. [ED. NOTE: Tables referenced are available from the agency.] St…

340-245-0005 Purpose and Overview (1) This statement of purpose and overview is an aid to understanding the rules in OAR 340-245-0010 through 340-245-8010 that follow, and is not for the purpose of regulation or compliance. (2) Purpose. The purpose of Oregon’s risk-based toxic ai…

340-245-0010 Applicability and Jurisdiction (1) This division applies in all areas of the state and to all sources, excluding sources located on tribal and federal lands that are not subject to regulation by DEQ. (2) DEQ may consult with OHA as necessary on the implementation of …

340-245-0020 Definitions The definitions in OAR 340-200-0020, 340-204-0010, 340-246-0030, 340-247-0020 and this rule apply to this division. If the same term is defined in more than one of these rules, then the definitions in this division take precedence, followed by the definit…

340-245-0022 Abbreviations and Acronyms As used in this division: (1) “HI” means Hazard Index. (2) “IUR” means Inhalation Unit Risk. (3) “m3” means cubic meter. (4) “NESHAP” means National Emission Standards for Hazardous Air Pollutants, established by the Environmental Protectio…

340-245-0030 Submittal and Payment Deadlines (1) When required to demonstrate compliance with OAR 340-245-0040, 340-245-0050, 340-245-0060, or 340-245-0100 the owner or operator of a source must submit to DEQ all information and specific activity fees under OAR 340-216-8030 Table…

340-245-0040 Emissions Inventory (1) Individual emissions inventories for risk assessment of sources. New sources must submit an emissions inventory as part of the permit application. DEQ may also require the owner or operator of any existing permitted or unpermitted source to su…

340-245-0050 Risk Assessment Procedures (1) Existing source. (a) When notified in writing by DEQ, at DEQ’s discretion, the owner or operator of an existing source with an operating permit must either demonstrate that it is an exempt source by following the procedure in section (6…

340-245-0060 Toxics Emissions Units (1) TEU Designation. An owner or operator must designate TEUs in the same manner as the owner or operator designated emissions units listed in a source’s operating or construction permit, if they are designated, unless the owner or operator req…