Oregon Administrative Code

340-248-0180 Licensing and Certification Requirements: Fees (1) DEQ may assess the following fees to provide revenues to operate the asbestos control program. (a) Contractor Licenses: A non-refundable license application fee of $1,347 for a one-year Asbestos Abatement Contractor …

340-248-0205 Emission Standards and Procedural Requirements: General Provisions (1) A person may not openly accumulate friable asbestos material or asbestos-containing waste material. (2) Contractors working on asbestos abatement projects at secure facilities must ensure that all…

340-248-0210 Emission Standards and Procedural Requirements: Asbestos Requirements for Mills, Roadways and Parking lots, and Manufacturing Operations (1) Emission standard for asbestos mills. No person may cause or allow to be discharged into the atmosphere visible emissions, inc…

340-248-0220 Emission Standards and Procedural Requirements: Reporting Requirements for Asbestos Sources Using Air Cleaning Devices (1) New sources this rule covers must submit the requested information 90 days before initial startup. The reporter must submit changes in the infor…

340-248-0230 Emission Standards and Procedural Requirements: Asbestos to Nonasbestos Conversion Operations (1) 40 C.F.R. Part 61.155 is by this reference adopted and incorporated herein. (2) The following substitutions are made in 40 C.F.R. Part 61.155: (a) "Administrator" means …

340-248-0240 Emission Standards and Procedural Requirements: Asbestos Inspection Requirements for Oregon Title V Operating Permit Program Sources This rule applies to renovation and demolition at major sources subject to the Oregon Title V Operating Permit program as defined in O…

340-248-0250 Emission Standards and Procedural Requirements: Exemptions (1) The following asbestos abatement projects are exempt from certain provisions of this division: (a) Asbestos abatement conducted inside a single unit private residence is exempt from OAR 340-248-0110 throu…

340-248-0260 Emission Standards and Procedural Requirements: Asbestos Abatement Notification Requirements (1) Except as provided under OAR 340-248-0250, written notification of an asbestos abatement project must be submitted to DEQ on a DEQ-approved form, accompanied by the appro…

340-248-0270 Emission Standards and Procedural Requirements: Asbestos Work Practices and Procedures (1) Except as OAR 340-248-0250 provides, before performing a demolition or renovation, the owner or operator of a demolition or renovation activity must have an accredited inspecto…

340-248-0275 Emission Standards and Procedural Requirements: Asbestos Standards for Air Cleaning, Spraying, Molded Insulation, and Fabricating The following methods must be employed for air cleaning, fabricating, and sprayed-on and molded insulation applications: (1) Options for …

340-248-0280 Emission Standards and Procedural Requirements: Asbestos Disposal Requirements Work practices and procedures for packaging, storing, transporting, and disposing of asbestos-containing waste material: The asbestos waste generator, transporter, owner or operator of a d…

340-250-0010 Purpose (1) The purpose of these rules is to implement Section 176(c) of the Clean Air Act (Act), (Public Law 88-206 as last amended by Public Law 101-549) and regulations under 40 CFR Part 51 subpart W (July 1, 1994), with respect to the conformity of general federa…

340-250-0020 Applicability (1) Conformity determinations for federal actions in a nonattainment area or maintenance area related to transportation plans, programs, and projects developed, funded, or approved under title 23 U.S.C. or the Federal Transit Laws (49 U.S.C. Chapter 53)…

340-250-0030 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) "Affected federal land manager" me…

340-250-0040 Conformity Analysis Any federal department, agency, or instrumentality of the federal government taking an action subject to OAR 340-250-0020(3) must make its own conformity determination consistent with the requirements of this division. In making its conformity det…

340-250-0050 Reporting Requirements (1) A federal agency making a conformity determination under OAR 340-250-0080 must provide to the appropriate EPA Regional Office(s), state and local air quality agencies and, where applicable, affected federal land managers, the agency designa…

340-250-0060 Public Participation (1) Upon request by any person regarding a specific federal action, a federal agency must make available for review its draft conformity determination under OAR 340-250-0080 with supporting material which describe the analytical methods, assumpti…

340-250-0070 Frequency of Conformity Determinations (1) The conformity status of a federal action automatically lapses 5 years from the date a final conformity determination is reported under OAR 340-250-0050, unless the federal action has been completed or a continuous program h…

340-250-0080 Criteria for Determining Conformity of General Federal Actions (1) An action required under OAR 340-250-0020 to have a conformity determination for a specific pollutant, will be determined to conform to the applicable SIP if, for each pollutant that exceeds the rates…

340-250-0090 Procedures for Conformity Determinations of General Federal Actions (1) The analyses required under OAR 340-250-0080 and 340-250-0090 must be based on the latest planning assumptions. (a) All planning assumptions must be derived from the estimates of current and futu…

340-250-0100 Mitigation of Air Quality Impacts (1) Any measures that are intended to mitigate air quality impacts must be identified and the process for implementation and enforcement of such measures must be described, including an implementation schedule containing explicit tim…

340-250-0110 Savings Provision The federal conformity rules under 40 CFR Part 51, Subpart W (July 1, 1994), in addition to any existing applicable state requirements, establish the conformity criteria and procedures necessary to meet the requirements of CAA Section 176(c) until s…

340-252-0010 Purpose The purpose of this division is to implement section 176(c) of the Clean Air Act, as amended [42 U.S.C. 7401 et seq.], and the related requirements of 23 U.S.C. 109(j), with respect to the conformity of transportation plans, programs, and projects which are d…

340-252-0030 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. Terms used but not defined in this rul…

340-252-0060 Consultation (1) General: (a) This section provides procedures for interagency consultation (Federal, State, and local) and resolution of conflicts. Consultation shall be undertaken by MPOs, the Oregon Department of Transportation, affected local jurisdictions, and U…

340-252-0070 Timeframe of Conformity Determinations Any election by an MPO to shorten the timeframe of a conformity determination under 40 CFR 93.106(d) requires approval of the Department of Environmental Quality or the Lane Regional Air Protection Agency, as applicable. A short…

340-252-0230 Written Commitments (1) In accordance with 40 CFR 93.122(a)(4)(ii), prior to making a conformity determination on the transportation plan or TIP, a Metropolitan Planning Organization or the Oregon Department of Transportation may not include emissions reduction credi…

340-253-0000 Overview (1) Context. The Oregon Legislature has found that climate change poses a serious threat to the economic well-being, public health, natural resources, and environment of Oregon. Section 1, chapter 907, Oregon Laws 2007. The Oregon Clean Fuels Program will re…

340-253-0040 Definitions The definitions in OAR 340-200-0020, 340-272-0020, 340-257-0030, and this rule apply to this division. If the same term is defined in this rule and in another listed rule, the definition in this rule applies to this division. If a term that is not defined…

340-253-0060 Acronyms The following acronyms apply to this division: (1) “AFP” means Alternative Fuel Portal. (2) “ASTM” means ASTM International (formerly American Society for Testing and Materials). (3) “BEV” means battery electric vehicle. (4) “CARB” means the California Air R…

340-253-0100 Oregon Clean Fuels Program Applicability and Requirements (1) Regulated parties. (a) All persons that produce in Oregon, or import into Oregon, any regulated fuel, other than fuels that become regulated fuels under OAR 340-253-0200(2)(g), must comply with the rules i…

340-253-0200 Regulated and Clean Fuels (1) Applicability. In-state producers, out-of-state producers that have voluntarily registered under 340-253-0100(c)(1), and importers of transportation fuels listed in this rule, unless the fuel is exempt under OAR 340-253-0250, are subject…

340-253-0250 Exemptions (1) Exempt fuels. The following fuels are exempt from the list of regulated fuels under OAR 340-253-0200(2): (a) Fuels used in small volumes. A single type of transportation fuel supplied for use in Oregon if the producer or importer documents that all pro…

340-253-0310 Regulated Parties: Providers of Gasoline, Diesel, Ethanol, Biodiesel, Renewable Diesel, and Blends Thereof, and Other Regulated Fuels (1) Regulated party. (a) The regulated party is the producer or importer of the regulated fuel under OAR 340-253-0200(2), except for …

340-253-0320 Credit Generators: Providers of Compressed Natural Gas, Liquefied Natural Gas, Liquefied Compressed Natural Gas, and Liquefied Petroleum Gas (1) Applicability. (a) Except as provided in subsection (b), this rule applies to providers of compressed natural gas, liquefi…

340-253-0330 Credit Generators: Providers of Electricity (1) Applicability. This rule applies to providers of electricity used as a transportation fuel. (2) For residential charging. For electricity used to charge an electric vehicle at a residence, subsections (a) and (b) determ…

340-253-0340 Credit Generators: Providers of Hydrogen Fuel or a Hydrogen Blend (1) Applicability. This rule applies to providers of hydrogen fuel and a hydrogen blend for use as a transportation fuel in Oregon. (2) Credit generation. For a hydrogen fuel or a hydrogen blend, the p…

340-253-0350 Credit Generators: Alternative Jet Fuel (1) Applicability. This rule applies to importers and producers of alternative jet fuel that is being fueled into planes in Oregon. (2) Credit Generation. The initial entity eligible to generate credits under this rule is the i…

340-253-0400 Carbon Intensities (1) OR-GREET. Carbon intensities for fuels must be calculated using OR-GREET 4.0 or a model approved by DEQ. If a party wishes to use a modified or different lifecycle carbon intensity model, it must be approved by DEQ in advance of an application …

340-253-0450 Obtaining a Carbon Intensity (1) Fuel producers can apply to obtain a carbon intensity by following the process to obtain a carbon intensity under this rule. (2) Applicants seeking approval to use a carbon intensity that is currently approved by the CARB must provide…

340-253-0460 Energy Economy Ratio-Adjusted carbon intensity applications (1) EER-adjusted CI Applications submitted under this rule are modified Tier 2 pathway applications under OAR 340-253-0450. The vehicles covered by these applications must not be currently covered by a vehic…

340-253-0470 Determining the Carbon Intensity of Electricity (1) Statewide electricity mix. The carbon intensity for the statewide electricity mix will reflect the average carbon intensity of electricity served in Oregon and be calculated by using the carbon-intensity of electric…

340-253-0500 Registration (1) Registering as a regulated party, credit generator, aggregator, or an out-of-state producer voluntarily registering under 340-253-0100(1)(c). (a) To register as a regulated party, credit generator, aggregator, or an out-of-state producer voluntarily …

340-253-0600 Records (1) Records Retention. Registered parties must retain the following records for at least seven years: (a) Product transfer documents as described in section (2); (b) Records related to obtaining a carbon intensity or other value described in OAR 340-253-0450,…

340-253-0620 Oregon Fuels Reporting System (1) Online reporting. Registered parties must use the OFRS to submit all required reports, including quarterly reporting under OAR 340-253-0630 and annual compliance reports under OAR 340-253-0650. (2) Credit transactions. Registered par…

340-253-0630 Quarterly Reports (1) Quarterly reports. Except for persons exempt from this requirement under OAR 340-253-0100, registered parties must submit a quarterly report using the OFRS by: (a) June 30 — for January through March of each year; (b) September 30 — for April th…

340-253-0640 Specific Requirements for Reporting Under this Division (1) For natural gas or biomethane (inclusive of CNG, LNG, and L-CNG), any registered party must report the following as applicable under this division: (a) For CNG and L-CNG, the amount of fuel in therms dispens…

340-253-0650 Annual Compliance Reports (1) Annual compliance reports. (a) Except as provided in subsection (b), regulated parties, credit generators, and aggregators must use the OFRS to submit an annual compliance report to DEQ not later than April 30 for the previous compliance…

340-253-0670 Authority to Suspend, Revoke, or Modify (1) If DEQ determines that any basis for invalidation set forth in section (2) below has occurred, in addition to taking any other authorized enforcement action, DEQ may take any of the actions described in subsections (a) thro…

340-253-0680 Separate Violations (1) Each illegitimate credit generated constitutes a separate violation of this division. (2) Each deficit that a registered party does not retire a credit against under OAR 340-253-1030 to demonstrate compliance with any of the clean fuel standar…