U.S. DEPARTMENT OF COMMERCE
National Technical Information Service
PB-290 286
Air Pollution Regulations in State
Implementation Plans: Oregon
Abcor Inc, Wilmington, MA Walden Div
Prepared for
Environmental Protection Agency, Research Triangle Park, NC
Aug 78
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1 United States
Environmental Protection
Aqency
Office of Air Quality
Planning and Standards
Research Triangle Park NC 27711
EPA-450/3-78-087
August 1978
Air
vvEPA
Air Pollution Regulations
in State implementation
< a
Plans:
Oregon
REPRODUCED 8V
NATIONAL TECHNICAL
INFORMATION SERVICE
U. S. DEPARTMENT OF COMMERCE
SPRINGFIELD, VA. 22161
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TECHNICAL REPORT DATA
(Please read Javructions on the reverse before completing!
RLPOHT NO.
EPA-450/3-78-087
.'TITLI ANDSuiniTLt
2.
]3. RECIPIENT'S ACCtSSION'NO.
Air Pollution Regulations in State Implementation i
Plans: Oregon
5. REPORT DATE
August.. 19 78.
6. PERFORMING ORGANIZATION COOK
/ AU I HOH(S)
) PL HI OKMINt; ORGANIZATION NAME AND ADDRESS
Walden Division of Abcor, Inc.
Wilmington, Mass.
8. PERFORMING ORGANIZATION REPORT NO.
10. PROGRAM ELEMENT NO.
'i. SPONSORING AGENCY NAME AND ADDRESS
Control Programs Development Division
Office of Air Quality Planning and Standards
Office of Air, Noise, and Radiation
Research Triangle Park, NC 27711
11. CONTRACT/GRANT NO.
68-02-2890
13. TYPE OF REPORT AND PERIOD COVERED
AG¥NCY~CODE
1f>. SUPPLtMFNTARY NOTES
EPA Project Officer: Bob Schell, Control Programs Development Division
r,. ABSTRACT
This document has been produced in compliance with Section 110(h)(l) of the Clean Air
Act amendments of 1977. The Federally enforceable regulations contained in the State
Implementation Plans (SIPs) have been compiled for all 56 States and territories
(with the exception of the Northern Mariana Islands). They consist of both the
Federally approved State and/or local air quality regulations as indicated in the
Federal Register and the Federally promulgated regulations for the State, as
indicated in the Federal Register. Regulations which fall into one of the above
categories as of January 1,1978, have been incorporated. As mandated by Congress,
this document will be updated annually. State and/or local air duality regulations
which have not been Federally approved as of January 1, 1978, are not included here;
omission of these regulations from this document in no way affects the ability of
the respective Federal, State, or local agencies to enforce such regulations.
KEY WORDS AND DOCUMENT ANALYSIS
DESCRIPTORS
Air pollution
Federal Regulations
Pollution >
State Implementation Plans
m. (j\:~, r mm i MOM si A i LMENT
RELEASE UNLIMITED
I). IDENTIFIERS/OPCN ENDED TKRMS
19. SECURITY CLASS f/Viiv l<<-purti
—UnclassifJ ed_
20. SECURITY CLASH (Tlii.\' l'UX<-)
Unclassified
c. COSATI l-iclil/Ciroup
EPA Form 2220-1 (9-73)
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EPA-450/3-78-087
Air Pollution Regulations
jn State implementation Plans:
Oregon
by
Walden Division of Abcor, Inc.
Wilmington, Massachusetts
Contract No. 68-02-2890
EPA Project Officer: Bob Schell
Prepared for
U.S. ENVIRONMENTAL PROTECTION AGENCY
Office of Air, Noise, and Radiation
Office of Air Quality Planning and Standards
Research Triangle Park, North Carolina 27711
August 1978
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This report is issued by the Environmental Protection Agency to
report air pollution regulations of interest to a limited number'of
readers. Copies are available, for a fee, from the National Technical
Information Service, 5285 Port Royal Road, Springfield, VA 22161.
This report was furnished to the Environmental Protection Agency by
Walden Division of Abcor, Inc., Wilmington, Mass. 01887, in fulfillment
of Contract No. 68-02-2890. The contents of this report are reproduced
herein as received from Walden Division of Abcor, Inc. The opinions,
findings, and conclusions expressed are those of the author and not
necessarily those of the Environmental Protection Agency. Mention of
company or product names is not to be considered as an endorsement
by the Environmental Protection Agency.
Publication No. EPA-450/3-78-087
11
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INTRODUCTION
This document has been produced in compliance with Section 110(h)(l)
of the Clean Air Act Amendments of 1977. The Federally enforceable
regulations contained in the State Implementation Plans (SIPs) have been •
compiled for all 56 States and territories (with the exception of the
Northern Mariana Islands). They consist of both the Federally approved
State and/or local air quality regulations as indicated in the Federal
Register and the Federally promulgated regulations for the State, as
indicated in the Federal Register. Regulations which fall into one of
the above categories as of January 1, 1978, have been incorporated. As
mandated by Congress, this document will be updated annually. State
and/or local air quality regulations which have not been Federally
approved as of January 1, 1978, are not included here; omission of these
regulations from this document in no way affects the ability of the
respective Federal, State, or local agencies to enforce such regulations.
There have been recent changes in the Federal enforceability of
parking management regulations and indirect source regulations. The
October, 1977, appropriation bill for EPA prohibited Federal enforcement
of parking management regulations in the absence of specific Federal
authorizing legislation. Federally promulgated parking management
regulations have, therefore, been suspended indefinitely. Pursuant to
the 1977 Clean Air Act Amendments, indirect source regulations may not
be required for the approval of a given SIP. Consequently, any State
adopted indirect source regulations may be suspended or revoked; State
adopted indirect source regulations contained in an applicable SIP
are Federally enforceable. More importantly, EPA may only promulgate
indirect source review regulations which are specific to Federally
funded, operated, or owned facilities or projects. Therefore, the
Federally prorv.u Ige.ted indirect source regulations appearing in this
docur.er'.t are not enforceable by EPA except as they relate to Federal
facilities.
Since State air quality regulations vary widely in their organization,
content, and language, a standardized subject index is utilized in this
document. Index listings consist of both contaminant and activity oriented
categories to facilitate.usage. For example, for regulations which apply
to copper smellers, one might look under sulfur compounds (50.2), particu- •
late matter process weight (50.1.1), or copper smelters (51.15). Federal
regulations pertaining to a given State immediately follow the approved
State and local regulations.
Additionally, a summary sheet of the information included in each
comprehensive document is presented prior to the regulatory text to
allow one to quickly assess the contents of the document. Specifically,
the summary sheets contain the date of submittal to EPA of each revision
in'
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to the SIP and the date of the Federal Register in which the revision
was either approved or disapproved by EPA. Finally, a brief description
or reference of the regulation which was submitted is also included.
This document is not intended to provide a tool for determining
the enforceability of any given regulation. As stated above, it is
intended to provide a comprehensive compilation of those regulations
which are incorporated directly or by reference into Tvtle 40, Part 52,
of the Code of'Federal Regulations. .Consequently, the exclusion of a
Federally approved regulation from this document does not diminish the
enforceability of the regulation. Similarly, the inclusion of a given
regulation (for example, regulations governing pollutants, such as odors,
for which there is no national ambient air quality standards) in this
document does not* in itself, render the regulation enforceable.
IV
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SUMMARY SHEET
Submittal Date
2/8/73
2/13/73
1/17/74
2/19/75
7/24/75
11/18/75
2/17/76
6/7/76
2/17/76
OF
EPA-APPROVED REGULATION CHANGES
OREGON
Approval Date
6/5/75
6/5/75
6/5/75
10/17/75
2/24/76
6/17/76
2/17/76
2/17/77
4/18/77
Description
Chap. 340 - Sees.
25-105 - 25-130
25-155 - 25-195
Note: 25-155 - 25-195
not acted on yet.
Lane Regional Regs.
Special Air Pollution
Control Rules For
Clackamos, Columbia,
Multonomah, and
Washington Counties
Chap. 340 - Sees.
12-100 - 20-135
Chap. 340 - Sees.
20-100 - 20-135
Indirect Sources,
Lane Reg.
Chap. 340 - Sees.
20-140 - 20-185
Lane Reg.
Chap. 340 - Sees.
26-005 - 26-025
v
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FEDERAL REGULATIONS
Section Number Description
52.1975 Compliance Schedules
52.1987 Prevention of Significant Deterioration
VI
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DOCUMENTATION OF CURRENT EPA-APPROVED
STATE AIR POLLUTION REGULATIONS
REVISED STANDARD SUBJECT INDEX
1.0 DEFINITIONS
2.0 GENERAL PROVISIONS AND ADMINISTRATIVE PROCEDURES
3.0 REGISTRATION CERTIFICATES, OPERATING PERMITS AND APPLICATIONS
4.0 AIR QUALITY STANDARDS (PRIMARY AND SECONDARY)
4.1 PARTICULATES
4.2 SULFUR DIOXIDE
4.3 NITRIC. OXIDES
4.4 HYDROCARBONS
4.5 CARBON MONOXIDE
4.6 OXIDANTS
4.7 OTHERS
5.0 VARIANCES
6.0 COMPLIANCE SCHEDULES
7.0 EQUIPMENT MALFUNCTION AND MAINTENANCE
8.0 EMERGENCY EPISODES
9.0 AIR QUALITY SURVEILLANCE AND SOURCE TESTING
10.0 NEW SOURCE PERFORMANCE STANDARDS
11.0 NATIONAL EMISSIONS STANDARDS FOR HAZARDOUS AIR POLLUTANTS
12.0 MOTOR VEHICLE EMISSIONS AND CONTROLS
13.0 RECORD KEEPING AND REPORTING
14.0 PUBLIC AVAILABILITY OF DATA
15.0 LEGAL AUTHORITY AND ENFORCEMENT
16.0 HEARINGS, COMPLAINTS, AND INVESTIGATIONS
17.0 PREVENTION OF SIGNIFICANT DETERIORATION
18.0 AIR QUALITY MAINTENANCE AREA
19.0 - 49.0
RESERVED FOR FUTURE EXPANSION OF COMMON INDEX
50.0 POLLUTANT - SPECIFIC REGULATIONS
50.1 PARTICULATES
50.1.1 PROCESS WEIGHT
50.1.2 VISIBLE EMISSIONS
50.1.3 GENERAL
VII
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50.2 SULFUR COMPOUNDS
50.3 NITRIC OXIDES
50.4 HYDROCARBONS
50.5 CARBON MONOXIDE
50.6 ODOROUS POLLUTANTS
50.7 OTHERS (Pb, Hg, etc.)
51.0 SOURCE CATEGORY SPECIFIC REGULATIONS
51.1 AGRICULTURAL PROCESSES (Includes Grain Handling, Orchard Heaters,
Rice and Soybean Facilities, Related Topics)
51.2 COAL OPERATIONS (includes Cleaning, Preparation, Coal Refuse
Disposal Areas, Coke Ovens, Charcoal Kilns, Related Topics)
51.3 CONSTRUCTION (includes Cement Plants, Materials Handling, Topics
Related to Construction Industry)
51.4 FERROUS FOUNDRIES (includes Blast Furnaces, Related Topics)
51.5 FUEL BURNING EQUIPMENT (coal, natural gas, oil) - Partlculates
(includes Fuel Content and Other Related Topics)
51.6 FUEL BURNING EQUIPMENT (coal, natural gas, oil) - S02 (includes
Fuel Content and Other Related Topics)
51.7 FUEL BURNING EQUIPMENT (oil, natural gas, coal) - N02 (includes
Fuel Content and Other Related Topics)
51.8 HOT MIX ASPHALT PLANTS
51.9 INCINERATION
51.10 NITRIC ACID PLANTS
51.11 NON-FERROUS SMELTERS (Zn, Cu, etc.) - Sulfur Dioxide
51.12 NUCLEAR ENERGY FACILITIES (includes Related Topic)
51.13 OPEN BURNING (includes Forest Management, Forest Fire, Fire
Fighting Practice, Agricultural Burning and Related Topics)
51.14 PAPER PULP; WOOD PULP AND KRAFT MILLS (includes Related Topics)
51.15 PETROLEUM REFINERIES
51.16 PETROLEUM STORAGE (includes Loading, Unloading, Handling and
Related Topics)
51.17 SECONDARY METAL OPERATIONS (includes Aluminum, Steel and Related
Topics)
51.18 SULFURIC ACID PLANTS
51.19 SULFURIC RECOVERY OPERATIONS
51.20 WOOD WASTE BURNERS
51.21 MISCELLANEOUS TOPICS
VIII
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TABLE OF CONTENTS
STATE REGULATIONS
Revised Standard
Subject Index
—i~1^- ' -'" ' - - i
(2.0)
(16.0)
(15.0)
(15.0)
(2.0)
(2.0)
(2.0)
(3.0)
(10.0)
(9.0)
(12.0)
(lOiO)
(50.0)
(50.1)
(50.1 .1)
(50.0)
(7.0)
Section
Number
Division 1
Subdivision 1
Subdivision 2
Subdivision 2
Subdivision 3
Division 2
Subdivision 1
Title Page
Rules of General Applicability
and Organization 1
Rules of Practice and Procedure 1
Civil Penalties Schedule and
Classification, Air and Water
Pollution and Solid Waste Management 5
Civil Penalties 11
Wilderness, Recreational and
Scenic Area Rules 15
Air Pollution Control 19
General 19
Registration 20
Notice of Construction and Approval
of Plans 21
Sampling, Testing and Measurement
of Air Contaminant Emissions 24
Parking Facilities and Highways
in Urban Areas 25
Rules for Indirect Sources 28
Emission Standards and Regulations 42
General Emission Standards for
Particulate Matter 42
Particulate Emissions from Process
Equipment 45
Fugitive Emissions 47
Upset Conditions 48
IX
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Revised Standard
Subject Index
(50.2)
(50.2)
(51.13)
50.1.1)
(51.21)
(51.20)
(51.21)
(51.8)
(51.14)
(51.17)
(51.3)
(51.14)
(51.21)
(51.13)
(8.0)
(2.0)
(2.0)
(2.0)
(1.0)
Section
Number
Subdivision 2
Subdivision 3
Subdivision 4
Subdivision 5
Subdivision 6
Subdivision 6
Subdivision 7
Subdivision 8
28-001
28-003
23-005
Title Page
General Gaseous Emissions 51
Sulfur Content of Fuels 51
General Emission Standards for
Sulfur Dioxide 52
Open Burning 53
Motor V.ehicles - Visible Emissions 55
Specific Industrial Standards 58
Construction and Operation of
Wigwam Waste Burners 58
Reduction of Animal Matter 60
Hot Mix Asphalt Plants 63
Kraft Pulp Mills 67
Primary Aluminum Plants 71
Board Products Industries (Veneer,
Plywood, Particleboard, Hardboard) 76
Regulations for Sulfite Pulp Mills 82
Laterite Ore Production of
Ferronickel 87
Agricultural Operations - Field
Burning 90
Air Pollution Emergencies 98
Specific Air Pollution Control Rules
for Clackamas, Columbia, Multnomah
and Washington Counties 110
Purposes and Application
Exclusions
Definitions ,
110
110
110
.-"X •.'•:•
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Revised Standard
Subject Index
(51.13)
(51.13)
(51.13)
(51.9)
(2.0)
(2.0)
(50.6)
(51.16)
(2.0)
(7.0)
(50.1.2)
(50.1.1)
(50.1)
(50.2)
(50.7)
(4.0)
Section
Number
28-010
28-015
28-020
28-025
28-030
28-040
28-045
28-050
28-055
28-060
28-070
28-075
28-080
. 28-085
28-090
Division 3
(4.0)
Subdivision 1
Title Page
Open Outdoor Fires - General 111
Open Outdoor Fires - Domestic 111
Open Outdoor Fires - Land Clearing 112
Incinerators and Refuse Burning
Equipment 112
Concealment and Masking of
Emissions 113
Effective Capture of Air Contaminant
Emissions 113
Odor Control Measures 113
Storage and Handling of Petroleum
Products 114
Ships . 114
Upset Condition 114
Visible Air Contaminant Standards 114
Particulate Matter Weight Standards 115
Particulate .Matter Size Standard 115
Sulfur Dioxide Emission Limitations 115.
Odors 115
Air Pollution Control Standards
for Air Purity and Quality 119
Ambient Air Quality Standards 119
XI
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LANE REGIONAL AIR POLLUTION AUTHORITY
Revised Standard
Subject Index '
(2.0)
(2.0)
(10.0)
(3.0)(9. 0)03.0)
(3.0)
(5.0)
(4.0)
(50.0)
(51.21)
(51.21)
(11.0)
(2.0)
(16.0)
(16.0)
(16.0)
(16.0)
(8.0)
Title
Number
Title 11
'Title 12
Title 20
Title 21
Title 22
Title 23
Title 31
Title 32
Title 33
Title 34
Title 35
' Title 41
Title 42
Title 43
'Title '44
Title 45
Title 51
Title
Policy and General Provisions
General Duties and Powers of
Board and Director
Indirect Sources
Registration, Reports, and Test
Procedures
Permits
Variances
Ambient Air Standards
Emission Standards
Prohibited Practices and Control
of Special Classes
Special Land Areas Standards
and Practices
Hazardous Air Pollutants
Purpose and Definitions
Prehearing Procedures
Hearing Procedure
Evidence
Decision and Appeal
Air Pollution Emergencies
Page
123
132
141
153
160
172
173
176
181
193
193
193
194
198
200
202
203
XII
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RULES AND REGULATIONS OF THE
MID-WILLAMETTE VALLEY AIR POLLUTION AUTHORITY
Revised Standard
Subject Index
(2.0)
(2.0)
(16.0)
(3.0)(5.0)(13.0)
(3.0)(9.0)(13.0)
(5.0)
(4.0)
(4.0)
(50.0)
(2.0)
(16.0)
0.0)(2.0)
(16.0)
(16.0)
(16.0)
(16.0)
Revised Standard
Subject Index
(6.0)
07.0)
Section
Number
Chapter I
Title 10
Title 11
Chapter II
Title 12
Title 13
Chapter III
Title 14
Title 15
Title 16
Chapter IV
Title 19
, Title 20
Title 21
Title 22
Title 23
FEDERALLY
Section
Number
52.1975
52.1987
Title
Rules of Internal Administration
Policy - General Provisions
General Powers and Duties of
Board and Director
Registration, Reports and Variances
Registration, Reports and Test
Procedures
Variances
Standards and Prohibited Practices
Ambient Air Standards
Emission Standards
Prohibited Practices and Control of
Special Classes
Rules of Practice and Procedure
Purpose and Definitions
Pre-Hearing Procedures
Hearing Procedure
Evidence
Decision and Appeal
PROMULGATED REGULATIONS
Title
Compliance Schedule
Prevention of Significant
Page
218
218
222
225
225
231
233
233
235
241
246
246
246
250
252
254
Page
256
Deterioration
259
XIII
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DIVISION 1
(2.0) RULES OF GENERAL APPLICABILITY AND ORGANIZATION
SUBDIVISION 1
(16.0) RULES OF PRACTICE AND PROCEDURE .
NOTE: Effective July 1, 1969, the Sanitary Authority was replaced by the
Department of Environmental Quality, consisting of a Department and of a
Commission, known as the Environmental Quality Commission. Where Sanitary
Authority is presently used in these regulations, it should be noted by
readers of these rules that Department of Environmental Quality should be
substituted unless the context or statutes clearly require the use of En-
vironmental Qua!ity Commission.
11-005 PURPOSE.
The purpose of these rules is to prescribe the procedure to be followed
before the Oregon State Sanitary Authority in contested cases before the
Authority and involving air or water pollution, issuance or denial of
permits for construction or modification of sewage treatment works and
related matters, in compliance with ORS chapter 183. These rules shall
be liberally construed to secure just, speedy and inexpensive determin-
ation of the issues presented.
11-010 DEFINITIONS.
Unless the context denotes otherwise, the following words used in these
rules shall mean:
(1) "Agency" means the Oregon State Sanitary Authority.
(2) "Staff" means the State Sanitary Engineer and his assistants
and deputies.
(3) "Petition" includes a complaint, petition, or remonstrance
relative to any condition or situation that is represented to
involve elements of pollution of the air or public waters of
the State of Oregon.
Institution of Proceedings by Petition.
11-015 METHOD OF INSTITUTING HEARINGS.
A hearing may be instituted by the Agency on its own motion as provided
in Section 11-045 or as follows:
-1-
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(1) Petit'lon by any interested person to secure a declaratory
ruling by the agency on the applicability to any person,
property or" state of facts of any rule or statute enforceable
by it. (OR'S 183.410)
(2) Petition by any interested person for the promulgation, repeal
or amendment of any rule by the agency. (ORS 183.390)
(3) Petition for review by any person who has had a permit for con-
struction of a sewage system summarily revoked, denied or renewal
thereof refused by the agency. (ORS 449.040)
11-020 VERIFICATION, OF THE PETITION.
The petition shall be verified if in the opinion of the agency such veri-
fication appears necessary.
11-025 CONTENTS OF THE PETITION.
The petition shall be in writing, signed by, or on behalf of, the peti-
tioner, and shall contain a detailed statement of:
(1) Ultimate facts sufficient to show the situation is entitled to
the relief requested;
(2) The specific relief requested;
(3) All propositions of law to be asserted by the petitioner; and
(4) The name and address of petitioner and of any other person or
persons necessary to the proceeding;
(5) In cases of complaints or remonstrances involving alleged viola-
tion of public policy as expressed in ORS 449.010 (1), the pe-
tition shall also contain a brief description of the alleged
pollution, location of receiving stream or public waters, and
the persons, firm, or corporation alleged to be contributing
to the pollution, and the nature of the injury resulting there-
from.
11-030 FILING OF THE PETITION.
An original and 2 copies of the petition, either in typewritten or printed
form, shall be filed with the agency. A petition shall be deemed filed
when received by the agency. The agency shall notify the petitioner of
such filing.
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11-035 SERVICE OF THE PETITION, NOTICES, ORDERS.
(a) After the petition has been filed, the agency shall cause an
investigation to be made by its staff. If such investigation
reveals probable cause or complaint, the agency shall dispatch
by registered or certified mail a true copy of the petition
together with a copy of the applicable rules of practice to
all necessary parties as named in the petition. Such petition
shall be deemed served on the date of mailing to the last known
address of the person being served. (ORS 183.060)
(b) All motions, notices, pleadings, orders and decisions shall be
deemed served upon mailing by regular mail to the last known
address of all other parties. (ORS 183.420)
11-040 ANSWERS, MOTIONS, AMENDMENTS AND WITHDRAWALS OF PETITIONS.
(1) Answers to petitions or other pleadings will not be required.
Where no answer is filed with the agency all allegations of the
petition will be deemed denied. If an answer or other pleadings
are desired, they shall be served and filed in the same manner
and form as provided by law. (ORS 183.390)
(2) The agency, on its own motion or motion of any interested party,
may require, within ten days of the filing of the petition, that
the allegations in the petition be made more definite and certain.
Such motion shall point out the defects complained of and the
details desired. If the motion is granted, the petitioner shall
be given fifteen days after notice to comply with the order of
the officer in charge of the hearing. If this is not done,
those allegations complained of shall be stricken. (ORS 183.390,
183.420)
(3) At any time more than ten days prior to hearing, the petitioner
may amend his petition by serving a copy of the amended petition
on all necessary parties and by filing 2 copies with the agency.
After that time, amendment may be allowed at the discretion of
the agency. (ORS 183.390)
(4) The petitioner may withdraw his petition at any time prior to
hearing without prejudice. Thereafter, the petition may be
withdrawn only upon approval of the agency. (ORS 183.390)
-3-
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11-045 INSTITUTION OF PROCEEDINGS IN WATER POLLUTION MATTERS BY NOTICE
FROM AGENCY.
(1) A heading (nay be instituted by notice from the agency to any
person, firm or corporation, public or private, whose sewage
or waste disposal is the subject of any report made by the
staff to the Sanitary Authority, or otherwise brought to the
attention of the agency; or who will be affected by a proposed
revocation, suspension or refusal to reissue a license, or
other proposed action of the agency relating to water pollution.
(2) Content's Of Notice
The notic£ shall be in writing, signed by the Chairman and
attested by the Secretary or his assistant, and shall contain:
(a) A brief description of the alleged pollution of the
public waters and the general location thereof;
(b) . The proposed action to be taken by the Agency;
(c) A direction to appear and show cause at a stated time
and place why such proposed order should not be entered.
(3) A copy of the report of the Sanitary Engineer, giving rise to
the proceeding, shall be made available to all parties or their
attorneys, at or prior to the hearing, upon request of inter-
ested parties.
(4) .No formal answer need be filed, but an answer to the charge in
the notice may be filed within fifteen days of service.
(5) The notice shall be served in the same manner as provided in
11-015 of these rules.
(6) If the person, firm, or corporation served.with notice fail to
appear, the agency may take such action as it deems advisable
upon the record before it, within the purview of the notice to
show cause.
Hist: Amended by SA16, filed 2/13/62
-4-
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SUBDIVISION 2
(15.0) CIVIL PENALTIES SCHEDULE AND CLASSIFICATION, AIR AND WATER POLLUTION
AND SOLID WASTE MANAGEMENT
12-005 INTRODUCTION.
Under Chapter 420, Oregon Laws 1971, any person who violates certain
statutes administered by either the Department of Environmental Quality
or Regional Air Quality Authorities, or violates rules or permits adopted
or issued by these agencies pertaining to the control of air or water
pollution or solid waste management shall, in accordance with conditions
prescribed by the Department of Environmental Quality, incur a civil
penalty no't to exceed $500 a day for each violation. Each and every
violation is a separate and distinct offense and in case of continuing
violations, every day's continuance is a separate and distinct violation.
The Act provides that after considering three factors set forth therein,
the Environmental Quality Commission is authorized to classify violations
and adopt a schedule establishing the amount of civil penalty due for the
particular violation. These three factors are:
(1) the past history of a person incurring a penalty in taking
steps to correct waste control deficiencies and abate pollution;
(2) prior violations of law or permits pertaining to pollution
control •,
(3) the economic and financial conditions of the person incurring
a penalty.
Additionally, the Department of Environmental Quality and Regional Author-
ities will attempt to consider these same factors in assessing the amount
of a civil pen-alty for a particular violation within the framework of the
schedule adopted by the Environmental Quality Commission.
Oregon Revised Statutes Chapter 449 require that the Department of Envi-
ronmental Quality endeavor to encourage and develop the voluntary cooper-
ation of individuals, local governments, agriculture and industry in
restoring and maintaining the quality of the environment. Therefore, the
schedule of civil penalties established by this regulation shall be "im-
posed in those cases in which a violator is determined by the Department
to be unresponsive and uncooperative in preventing, abating or controlling
pollution or where repeated or continuing violations occur due to willful
acts or failure to act, negligence or lack of adequate controls or sur-
veillance.
12-010 NOTICE PROVISIONS.
All written notices required by the Act will be served by certified mail
upon these persons designated by Oregon Revised Statutes 15.080 and Ore-
gon Revised Statutes Chapter 57, or as otherwise provided by law.
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12-015 CLASSIFICATION..AND SCHEDULE FOR VIOLATION OF AIR QUALITY STATUTES,
RULES, PERMITS. AND ORDERS.
Type of Violation
(1) Non-compliance with procedural or other requirements of ORS
449.702, 449.707 and 449.712 or of rules and. regulations pro-
mulgated under 449.702, 449.707, 449.712, 449.785, 449.790,
449.800, or ORS 449.815, where damage to public resource or
hazard to public health and safety is not directly involved,
such as but not limited to:
(a) Failure to establish testing facilities or to submit
samplings and testing data when requested as provided
by ORS 449.702 or provided by rules adopted pursuant
to ORS 449.702.
(b) Failure to register or re-register a source of air con-
taminant as provided by ORS 449.707 or as provided by-
rules adopted pursuant to ORS 449.707.
(c) Failure to submit notice of construction as provided by
ORS 449.712 or as provided by rules adopted pursuant to
ORS 449.712.
(2) Continuing emission or a practice inviolation of emission stan-
dards and/or rules adopted pursuant to ORS 449.785, ORS 449.800,
ORS 449.890 or ORS 449.895, including but not limited to:
(a) Violation of open burning rules pertaining to residential
units serving four families or less.
(b) ' Violation of open burning rules pertaining to residential
units serving more than four families.
(c) Violation of open burning rules pertaining to non-resi-
dential sources.
(d) Violation of rules pertaining to visible emissions (except
ships).
(e) Violation of rules pertaining to visible emissions from
ships.
(f) Violation of rules pertaining to non-visible emission stan-
dards including but not limited to particulate matter
weight standards, particulate size standard, particulate
matter emission standards, sulfur dioxide, and odors.
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(g) Violation of rules pertaining to emissions from portable
hot mix asphalt plants or other sources which might leave
or be removed from jurisdiction.
(h) Violation of a rule or permit condition not otherwise
classified in this schedule.
(3) Violation of a Final Order of the Environmental Quality Commis-
sion 'or Regional Authority issued pursuant to ORS 449.815 and
ORS 449.895.
Schedule of Civil Penalties
(1) $25 to $100 per day, after 5 days notice, the actual amount
dependent upon:
(a) Past history of pollution control efforts.
(b) Prior violations.
(c) Economic and financial conditions of person incurring a
penalty.
(d) Opportunity and degree of difficulty to comply.
(e) Magnitude and seriousness of violation.
(2) The penalties for the types of violation listed are subject to
5 days notice except for 2(a), 2(b), 2(c), and 2(g), the actual
amount dependent upon (a) to (c) in schedule 1 preceeding:
(a) $25 to $250
(b) $25 to $500
(c) $25 to $500
(d) $25 to $500
(e) $50 to $500
(f) $25 to $500
(g) $50 to $500
(h) $25 to $500
(3) $100 to $500 per day, without prior notice, the actual amount
dependent upon (a) to (e) in schedule 1 preceeding.
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12-020 CLASSIFICATION AND SCHEDULE FOR VIOLATION OF WATER QUALITY CONTROL
STATUTES, RULES, PERMITS AND ORDERS.
Tyofe of Violation
(1) Non-compliance with procedural or other requirements of ORS 449.
079, 449.083, 449.103, 449.105, 449.107, 449.109, 449.150, 449.
320, 449.395 and 449.400; or of rules and regulations promul-
gated under 449.081, 449.086 and 449.111; or of waste discharge
permits issued under authority of ORS 449.083, where damage to
a public resource or hazard to public health and safety is not
directly involved, such as but not limited to:
(a) Failure to obtain a waste discharge permit in violation
of ORS 449.083.
(b) Failure to submit plans and specifications in violation
of ORS 449.395.
(c) Failure to post and maintain a bond in violation of ORS
449.400.
(d) Failure to submit data, reports or other information or
failure to comply with implementation schedules in viola-
tion of specific rules and regulations or specific con-
ditions of a waste discharge permit.
(e) Violation of specific discharge limits or waste control
requirements of a waste discharge permit.
(2) Continuing discharges or activities in violation of ORS 449.079,
449.083, 449.103, 449.105, 449.107, 449.109, 449.150, 449.320,
or OAR Chapter 340, Division 4 or specific conditions of a
waste discharge permit where:
(a) Water quality standards are violated or are directly
threatened.
(b) Damage to a resource occurs or is directly threatened.
(c) Hazard to public health or safety occurs or is directly
threatened.
(3) Violation of a Final Order of the Environmental Quality Commis-
sion:
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Schedule of Civil Penalties
(1) $25 to SI00 per day, after 5 days notice, actual amount depen-
dent upon:
(a) Past history of pollution control efforts.
(b) Prior violations.
(•c) Economic and financial conditions of person incurring a
penalty.
(d) Opportunity and degree of difficulty to comply.
(e) Magnitude and seriousness of violation.
(2) $100 to $500 per day, after 5 days notice, the actual amount
dependent upon:
(a) Past history of pollution control efforts.
(b) Prior violations.
(c) Economic and financial conditions of person incurring a
penalty.
(d) ' Opportunity and degree of difficulty to comply.
(e) Magnitude and seriousness of violation.
(3) $100 to $500 per day, without prior notice, the actual amount
dependent upon:
(•a) ' Past history of pollution control efforts.
(b) Prior violations.
i
(c) Economic and financial conditions of person incurring a
penalty.
(d) Opportunity and degree of difficulty to comply.
(e) Magnitude and seriousness of violation.
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12-025; CLASSIFICATION AND SCHEDULE FOR VIOLATION OF SOLID, WASTE MANAGEMENT
STATUTES,' RULES, PERMITS AND ORDERS.
Type of Violation
(1) Non-compliance with procedural or other requirements of Chapters
648 and 699, Oregon Laws 1971 or rules and regulations promul-
gated or solid waste disposal permits or environmentally hazard-
ous waste licenses issued thereunder; where damage to a public
resource or hazard to public health and safety is not directly
involved, such as but not limited to:
(a) Failure to obtain a solid waste disposal permit or envi-
ronmentally hazardous waste license.
(b) Violation of specific operational or waste disposal
requirements of a solid waste disposal permit or envi-
ronmentally hazardous waste license.
(c) Failure to submit data, reports, plans and specifications
or other information or failure to comply with implemen-
tation schedules in violation of specific rules and regu-
lations or specific conditions of a solid waste disposal
permit or an environmentally hazardous waste license.
(d) Failure to post and maintain a bond or liability insurance
in violation of Chapter 699, Oregon Laws, 1971.
(2) Continuing non-compliance activities in violation of Chapter
648 and 699, Oregon Laws 1971 or OAR Chapter 340, Division 6 and
7 or specific conditions of a solid waste disposal permit or
environmentally hazardous waste license where:
(a) Water quality or air quality standards are violated or
. are directly threatened.
(b) Damage to a resource occurs or is directly threatened.
(c) Hazard to public health or safety occurs or is directly
threatened.
(3) Violation of a Final Order of the Environmental Quality Commis-
sion.
Schedule of Civil Penalties
(1) $25 to $100 per day, after 5 days notice the actual amount de-
pendant upon:
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(a) Past history of pollution control efforts.
(b) Prior violations.
(c) Economic and financial conditions of person incurring a
penalty.
(d) Opportunity and degree of difficulty to comply.
(e) Magnitude and seriousness of violation.
(2) $100 to $500 per day, after 5 days notice, the actual amount
dependent upon:
(a) Past history of pollution control efforts.
(b) Prior violations.
(c) Economic and financial conditions of person incurring a
penalty.
(d) Opportunity and degree of difficulty to comply.
(e) Magnitude and seriousness of violation.
(3) $100 to $500 per day, without prior notice the actual amount
dependent upon:
(a) Past history of pollution control efforts.
(b) Prior violations.
(c) Economic and financial conditions of person incurring a
penalty.
(d) Opportunity and degree of difficulty to comply.
(e) Magnitude and seriousness of violation.
SUBDIVISION 2
(15.0) CIVIL PENALTIES
12-030 DEFINITIONS.
Unless otherwise required by context, as used in this subdivision:
(1) "Commission" means the Environmental Quality Commission.
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(2) "D-i rector" means the Director of the Department or his
authorized deputies or officers.
(3) "Department" means the Department of Environmental Quality.
(4) "Order" means (a) any action satisfying the definition given
in ORS chapter 183 or (b) any other action so designated in
ORS chapter 454, 459, 467, or 468.
(5) "Person1' includes individuals, corporations, associations,
fnrms, partnerships, joint stock companies, public and
municipal corporations, political subdivisions, the state
and any agencies thereof, and the Federal Government and
any agencies thereof.
(6) "Respondent" means the person against whom a civil penalty is
assessed.
(7) "Violation" means a transgression of any statute, rule,
standard, order, license, permit, compliance schedule, or
any part thereof and includes both acts and omissions.
12-035 CONSOLIDATION OF PROCEEDINGS.
Notwithstanding that each and every violation is a separate and distinct
offense, and in cases of continuing violation, each day's continuance is
a separate and distinct violation, proceedings for the assessment of
multiple civil penalties for multiple violations may be consolidated into
a single proceeding.
12-040 NOTICE OF VIOLATION.
(1) Except as provided in subsection (3) of this section, prior to
the assessment of any civi1, penalty the Department shall, serve
written notice of violation upon the respondent. Service shall
be in accordance with section 11-097.
(2) A notice of violation shall specify the violation and state
that the Department will assess a civil penalty if the violation
continues or occurs after five days following service of the
notice.
(3) (a) Written notice shall not be required where the respondent
has otherwise received actual notice of the violation not
less than five days prior to the violation for which a
penalty is assessed.
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(b) No advance notice shall be required where the water pollu-
tion, air pollution or air contamination source would
normally not be in existence for five days, or where the
water pollution, air pollution, or air contamination
source might leave or be removed from the jurisdiction of
the Department.
12-045 MITIGATING AND AGGRAVATING FACTORS.
(1) In establishing the amount of a civil penalty to be assessed,
the Director may consider the following factors and shall cite
those he finds applicable:
(a) Whether the respondent has committed any prior violation,
regardless of whether or not any administrative, civil, or
criminal proceeding was commenced therefor;
(b) The history of the respondent in taking all feasible steps
or procedures necessary or appropriate to correct any
violation;
(c) The economic and financial conditions of the respondent;
(d) The gravity and magnitude of the violation;
(e) Whether the violation was repeated or continuous;
(f) Whether a cause of the violation was an unavoidable
accident, or negligence or an intentional act of the
respondent;
(g) The opportunity and degree of difficulty to correct the
violation;
(h) The respondent's cooperativeness and efforts to correct the
violation for which the penalty is to be assessed;
(i) The cost to the Department of investigation and correction
of the cited violation prior to the time the Department
receives respondent's answer to the written notice of
assessment of civil penalty; or
(j) Any other relevant factor.
(2) In imposing a penalty subsequent to a hearing, the Commission
shall, consider factors (a), (b), and (c), of subsection (1) of
this section, and each other factor cited by the Director. The
Commission may consider any other relevant factor.
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(3) Unless the issue is raised in respondent's answer to the written
notice of assessment of civil penalty, the Commission may presume
that the economic and financial conditions of respondent would
allow imposition of the penalty assessed by the Director. At the
hearing, the burden of proof and the burden of coming forward with
evidence regarding the respondent's economic arid financial
conditions shall be upon the respondent.
Hist: Filed 9-6-74 as DEQ 78
Eff. 9-25-74
12-050 AIR QUALITY SCHEDULE OF CIVIL PENALTIES.
In addition to any liability, duty, or other penalty provided by law,
the Director, or the director of a regional air quality control authority*
may assess a civil penalty for any violation pertaining to air quality
by service of a written notice of assessment of such civil penalty upon
the respondent. The amount of such civil penalty shall be determined
consistent with the following schedule:
(1) Not less than one hundred dollars ($100) nor more than five
hundred dollars ($500) for violation of an order of the
Commission, Department, or regional air quality control
authority.
(2) Not less than twenty-five dollars ($25) nor more than five
hundred dollars ($500) for any violation which causes,
contributes to, or threatens the emission of an air con-
taminant into the outdoor atmosphere.
(3) Not less than twenty-five dollars ($25) nor more than three
hundred dollars ($300) for any other violation.
Hist: Filed 9-6-74 as DEQ 78
Eff. 9-25-74
12-055 WATER POLLUTION SCHEDULE OF CIVIL PENALTIES^
In addition to any liability, duty, or other penalty provided by law, the
Director may assess a civil penalty for any violation relating to water
pollution by service of a written notice of assessment of civil penalty
upon the respondent. The amount of such civil penalty shall be determined
consistent with the following schedule:
(1) Not less than fifty dollars ($50) nor more than ten thousand
dollars ($10,000) for:
(a) A violation of an order of the Commission or Department:
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(b) A violation of a State Waste Discharge Permit or National
Pollutant Discharge Elimination System (NPDES) permit;
(c) Any violation which causes, contributes to, or threatens
the discharge of a waste into any waters of the state.
(2) Mot less zhan twenty-five dollars ($25) nor more than seven
thousand five hundred dollars ($7,500) for any other violation.
t
(3) (a) In addition to any penalty which may be assessed pursuant
to subsections (1) and (2) of this section, any person who
intentionally causes or permits the discharge of oil into
the waters of the state shall incur a civil penalty of not
less than one thousand dollars ($1,000) nor more than
twenty thousand dollars ($20,000) for each violation.
(b) In addition to any penalty which may be assessed pursuant
to subsections (1) and (2) of this section, any person who
negligently casues or permits the discharge of oil into the
waters of the state shall incur a civil penalty of not less
than five hundred dollars ($500) nor more than fifteen
thousand dollars ($15,000) for each violation.
Hist: Filed 9-6-74 as DEQ 78
Eff. 9-25-74
SUBDIVISION 3
(2.0) WILDERNESS, RECREATIONAL AND SCENIC AREA RULES
Environmental Standards for Wilderness Areas.
13-005 STATEMENT OF POLICY.
Wilderness areas represent a natural resource of unique importance. Con-
gress has protected such areas by enacting the Wilderness Act, P.L. 88-577,
16 U.S.C. Sec. 1131, et seq. Those wilderness areas located within the
geographical limits of the State are a major part of the cultural heritage
of the citizens of Oregon and are a key element in developing and maintain-
ing tourism and recreation as a viable industry. Thus, the environment of
wilderness areas is deserving of the highest level of protection and safe-
guarding by the State in order to preserve Oregon's unique primitive and
natural land areas. The wilderness Act allows certain activities in
wilderness areas. Most of these have minimal present impact on the
environment. However, mining and some other activities allowed by the
Wilderness Act pose a serious threat of substantial harm to the unique
environment of wilderness areas.
Therefore, it is declared to be the policy and purpose of the Department
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of Environmental Quality to maintain the environmentvof Wilderness
areas' essentially in a pristine state and a's free- fro'm,air, water, and
noise pollution as is practically possible and to permit its alteration
only in a manner compatible with recreational use dhd the enjoyment of
the scenic beauty and splendor of these lands by the citizens of
Oregon and of the United States. :
13-010 DEFINITIONS. '. .
As used in these rules, unless otherwise required by. context:
(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 of an object in
the background. .
(4) "Wilderness Area" means an area designated as .wilderness by
the Congress of the United States pursuant to Public Law
88-577, 16 U.S.C., Sec. 1131, et seq.
(5) "Person" means the federal government, any state, individual, ,
public or private corporation, political subdivision, govern-
mental agency, municipality, industry, co-partnership, associa-
tion, firm, trust, estate or any other legal entity whatsoever.
13-015 EMISSION PERMIT REQUIREMENTS. .
After the effective date of these rules:
(1) No person shall commence or initiate any activity other than
emergency or recreational in a wildernes's area whi'ch causes the
emission of air contaminants, water pol.lutants or noise in excess
of the standards set forth in Section 13-020 subsection (1) of
these rules without first applying for and receiving a permit
from the Department. • .
(2) The permit shall be in addition to and not in-lieu of .other
permit requirements of federal, state or local governments.
(3) Application for the permit shall be made on fijyth .supplied by the
Department. The application shall be made no less than 90 days
prior to the proposed date of commencing the activity.
(4) An application for a permit may be considered at a public
hearing before the Commission or its/authorized representative.
At least 20 days' notice of the hearing shall .be'provided to the
applicant and to any other interested pers^fl/^o^as;^ requested
notice. ' ' v •'- --.."":, v '-"
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(5) The Commission shall consider the testimony, data and views
presented at the public hearing and either approve or disapprove
a permit for the proposed activity according to its evaluation
of whether the air, water and noise emissions from the activity
are consistent with the policy and enviornmental standards as
set forth in Section 13-005 and 13-020 of these rules.
(6) Any permit issued for an activity within a wilderness shall be
properly conditioned to achieve the policy objectives and
environmental standards of Sections 13-005 and 13-020 of these
rules and may be modified by the Department after a hearing before
the Commission or its authorized representative.
13-020 ENVIRONMENTAL STANDARDS.
(1) Except as provided in subsection (2) of this section, 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 con-
taminants greater than 5% opacity.
(b) Discharge any waste into waters or conduct any activity
which causes or is likely to cause:
(A) Any measurable increase in color, turbidity,
temperature or bacterial contamination;
(B) Any measurable decrease in disolved oxygen;
(C) Any change in hydrogen ion concentration (pH); or
(D) Any toxic effect on natural biota.
(c) Cause, suffer, allow or permit the emission of noise which
causes the maximum ambient sound pressure level to exceed
50 dbA at any point at least 50 feet from any source.
(2) Subject to the permit requirements in Section 13-015, the Depart-
ment may permit the emission of air contaminants greater than 5%
opacity, but not to exceed 10% opacity and noise from any source
or sources causing the maximum ambient sound pressure level to
exceed 50 dbA at any point at least 50 feet from any source, but
not to exceed 75 dbA at such distance.
13-025 PENALTIES.
In addition to and not in lieu of any other judicial redress, a person
violating these rules shall be subject to criminal prosecution as
provided by Oregon Law.
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13-030 NATIONAL EMERGENCY.
The Governor of Oregon may suspend these rules for the duration of any
national emergency.
13-035 NEW WILDERNESS AREAS.
These rules 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 these or other rules thereto shall have first
been held by the Commission.
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DIVISION 2
(2.0) AIR POLLUTION CONTROL
(2.0) GENERAL
20-001 HIGHEST AND BEST PRACTICABLE TREATMENT AND CONTROL REQUIRED.
Notwithstanding the general and specific emission standards and regu-
lations contained in this division, the highest and best practicable
treatment and control of air contaminant emissions shall in every
case be provided so as to maintain overall air quality at the highest
possible levels, and to maintain contaminant concentrations, visibility
reduction, odors, soiling and other deleterious factors at the lowest
possible levels. In the case of new sources of air contamination,
particularly those located in areas with existing high air quality,
the degree of treatment and control provided shall be such that
degradation of existing air quality is minimized to the greatest
extent possible.
Hist: 2-15-72 as DEQ 37
20-003 EXCEPTIONS.
Except as provided in ORS 449.840, the provisions of these rules do
not apply to:
(1) Agricultural operations and the growing or harvesting of
crops and the raising of fowl and animals;
(2) Use of equipment in agricultural operations in the growth of
crops or the raising of fowl or animals;
i ,
(3) Barbeque equipment used in connection with any residence.
(4) Agricultural land clearing operations or land grading.
(5) Heating equipment in or used in connection with residences
used exclusively as dwellings for not more than four families; or
(6) Fires set or permitted by any public officer, board, council,
or commission when such fire is set or permission given in the
performance of such duty of the officer for the purpose of weed
abatement, the prevention or elimination of a fire hazard, or the
construction of employees in the methods of fire fiqhtinq, which is
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in the opinion of such officer necessary, or from fires set
pursuant to permit for the purpose of instruction of employees
of private industrial concerns in methods of fire fighting, or
for civil defense instruction.
Hist: Amended 2-15-72 by DEQ 37 . . ;. .
(3.0) REGISTRATION
20-005 REGISTRATION IN GENERAL.
The following air contaminant sources, not under the jurisdiction of a
regional air pollution control authority, shall register with the
Department no later than March 1, 1971 and annually thereafter as required
by this section:
(1) Aluminum Reduction plants
2) Hat Mix Asphalt plants
3) Rendering plants
(4) Kraft and sulfite pulp mills
(5) Installations operating wigwam waste burners .
(6) Plywood, particleboard and fiberboard plant sites
(7) Open burning refuse disposal sites receiving more than
500 tons/year of refuse
(8) Thermal-electric power generating plants
Other contaminant sources shall register with the Department when so
requested.
20-010 REGISTRATION REQUIREMENTS.
(1) Registration shall be completed within 30 days following the
mailing date of the request by the Department.
(2) Registration shall be made on forms furnished by the Department
and completed by the owner, lessee of the source, or agent.
(3) The following information shall be reported by registrants:
(a) Name, address and nature of business.
(b) Name of local person responsible for compliance with these
rules.
(c) Name of person authorized to receive requests for data
and information. ,
(d) A description of the production processes and related flow
chart.
(e) A plot plan showing the location and height of all air
contaminant sources. The plot plan shall also indicate the
nearest residential or commercial property.
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(f) Type and quantity of fuels used.
(g) Amount, nature and duration of air contaminant emissions.
(h) Estimated efficiency of air pollution control equipment
under present or anticipated operating conditions.
(i) Amount and method of refuse disposal.
20-015 RE-REGISTRATION.
(1) Once a year upon the annual date of registration, a person
responsible for an air contaminant source shall reaffirm in
writing the correctness and current status of the information
furnished to the Department.
(2) Any change in any of the factual data reported under Section
20-010 (3) shall be reported to the Department, at which time
re-registration may be required on forms furnished by the
Department.
(10.0) NOTICE OF CONSTRUCTION AND APPROVAL OF PLANS
20-020 REQUIREMENT.
No person shall construct, install, or establish a new source of air
contaminant emission of any class listed in Subsection 20-025 (1) and not
under the jurisdiction of a regional air quality control authority without
first notifying the Department in writing.
20-025 SCOPE.
(1) This regulation shall apply to the following classes of sources
of air contaminant emissions:
(a) Air pollution control equipment
(b) Fuel burning equipment rated at 400,000 BTU per hour or
greater
(c) Refuse burning equipment rated at 50 pounds per hour or
greater
(d) Open burning operations
(e) Process equipment having emissions to the atmosphere
(f) Such other sources as the Department may determine to be
potentially significant sources of air contamination.
(2) New construction, installation or establishment includes:
i
(a) Addition to or enlargement or replacement of an air
contamination source.
(b) A major alteration or modification of an air contamination
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source that may significantly affect the emission of air
contamination.
Hist: Amended.2-15-72 by DEQ 37
20-030 PROCEDURE. . '...-.
(1) Notice of Construction. Any person intending to construct,
install, or establish a new source of air contaminant emissions
of a class listed in Subsection 20-025 (1) shall notify the
Department in writing on a form supplied by the Department.
(2) Submission of Plans and Specifications. The Department may
within 30 days of receipt of a Notice of Construction require
the submission of plans and specifications for air pollution
control equipment and facilities and their relationship to
the production process. The following information may also
be required.
(a) Name, address and nature of business.
(b) Name of local person responsible for compliance with these
rules.
(c) Name of person authorized to receive requests for data and
information.
(d) A description of the production processes and a related
flow chart.
(e) A plot plan showing the location and height of all air
contaminant sources. The plot plan shall also indicate
the nearest residential or commerical property.
(f) Type and quantity of fuels used.
(g) Amount, nature and duration of air contaminant emissions.
(h) Estimated efficiency of air pollution control equipment
under present or anticipated operating conditions.
(i) Amount and method of refuse disposal.
The Department may require corrections and revisions to the plans
and specifications to insure compliance with applicable rules, orders
and statutes.
(3) Notice of Approval.
(a) The Department shall upon determining that the proposed
construction is in the opinion of the Department in
accordance with the provisions of applicable rules,
order, and statutes, notify the person concerned that
construction may proceed.
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(b) A Notice of Approval to proceed with construction shall
net relieve the owner of the obligation of complying
with applicable emission standards and orders.
(4) Order Prohibiting Construction.
(a) If within 60 days of receipt of the items set forth in
subsection 20-030 (2) the Environmental Quality Commission
determines that the proposed construction is not in
accordance with applicable statutes, rules, regulations
and orders, it shall issue an order prohibiting the con-
struction, installation or establishment of the air
contamination source. Said order is to be forwarded to
the owner by certified mail.
(b) Failure to issue such order within the time prescribed
herein shall be considered a determination that the
proposed construction, installation, or establishment
may proceed, provided that it is in accordance with
plans, specifications, and any corrections or revisions
thereto, or other information, if any, previously sub-
mitted, and provided further that it shall not relieve
the owner of the obligation of complying with applicable
emission standards and orders.
(5) Hearing. Pursuant to law, a person against whom an order
prohibiting construction is directed may within 20 days from
the date of mailing of the order, demand a hearing. The
demand shall be in writing, state the grounds for hearing,
and be mailed to the Director of the Department of Environ-
mental Quality. The hearing shall be conducted pursuant to
the applicable provisions of the ORS Chapter 183.
(6) Notice of Completion. Within thirty (30) days after any person
has constructed an air contamination source as defined under
subsection 20-010(1), he shall so report in writing on a form
furnished by the Department, stating the date of completion of
construction and the date the source was or will be put in
operation.
20-032 COMPLIANCE SCHEDULES.
(1) The Department shall attempt to encourage voluntary cooperation
of all persons responsible for an air contamination source, as
defined by ORS 449.760 (5). To facilitate this cooperation
and provide for a progressive program of air pollution control,
the Department may negotiate with such persons a schedule of
compliance. The schedule will set forth the dates and terms
and conditions by which the person responsible for an air
contamination source shall cpmply with applicable air quality
rules or statutes.
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(a) The schedule may be in lieu of a hearing and shall be in
writing and signed by the Director of the Department or
his designated officer and an authorized agent of the
person responsible for the air contamination source.
After the schedule is executed by both parties, it shall be
confirmed by order of the Department.
(b) Compliance schedules providing for final compliance at
a date later than 18 months from the date of execution
shall contain requirements for periodic reporting and
increments of progress toward compliance, at intervals
of less than 18 months.
(c) No compliance schedule shall allow emissions on a permanent
bases in excess of applicable standards and rules.
(2) In the event a negotiated schedule of compliance cannot be
established, the Department may set a show cause hearing as
provided by ORS 449.815, at a date and time designated as
to why an order implementing a schedule proposed by the Depart-
ment should not be adopted, or take such other authorized action
as may be warranted.
Hist: Filed 2-15-72 as DEQ 37
(9.0) SAMPLING, TESTING AND MEASUREMENT OF AIR CONTAMINANT EMISSIONS.
20-035 PROGRAM. .
As part of its coordinated program of air quality control and preventing
and abating air pollution, the Department of Environmental Quality may:
(1) Require any person responsible for emissions of air contaminants
to make or have made tests to determine the type, quantity,
quality, and duration of the emissions from any air contamination
source. .
(2) Require full reporting of all test procedures and results
furnished to the Department in writing and signed by the person
or persons responsible for conducting tests.
(3) Require continual monitoring of specified air contaminant emissions
and periodic, regular reporting of the results of such monitoring.
20-040 METHODS.
(1) Any sampling, testing or measurement performed under this
regulation shall conform to methods on file at the Department
of Environmental Quality or to recognized applicable standard
' methods approved in advance by the Department!
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(2) The Department may approve any alternative method of sampling
provided it finds that the proposed method is satisfactory
and complies with the intent of these regulations and is at
least equivalent to the uniform recognized procedures in
objectively and reliability, and is demonstrated to be
reproducible, selective, sensitive, accurate and applicable
to the program.
20-045 DEPARTMENT TESTING.
The Department, instead of requesting tests and sampling of emissions
from the person responsible for an air contamination source, may
conduct such tests alone or in conjunction with said person. If the
testing or sampling is performed by the Department, a copy of these
results shall be provided to the person responsible for the air
contaminantion source.
20-047 "STATE OF ORGEON CLEAN AIR ACT, IMPLEMENTATION PLAN."
This implementation plan, including rules and standards prepared by the
Department of Environmental Quality is adopted as the implementation
plan of the State of Oregon pursuant to the Federal Clean Air Act,
as amended.
Hist: Filed 2-3-72.as DEQ 35
(12.0) PARKING FACILITIES AND HIGHWAYS IN URBAN AREAS.
20-050 DEFINITIONS.
As used in this regulation, unless otherwise required by context:
(1). "Parking facility" means any lot, structure, building or
portion thereof, used primarily for the temporary storage
of 50 or more motor vehicles, or having two or more levels
of parking for motor vehicles.
(2) "Highway" means any freeway, expressway, or portion
thereof.
20-055 STATEMENT OF POLICY.
In adopting this regulation, the Environmental Quality Commission declares
major parking facilities and highways in urban areas to be an air contami-
nation source as defined in ORS 449.760(5), by virtue of the fact that such
facilities are a source by reason of which air contaminants are emitted to
the atmosphere, by motor vehicles drawn to the vicinity of the parking
facility or highway.
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As an air contamination source, parking facilities and highways fall
within the purview of ORS 449.712, and persons proposing to construct
or substantially modify a new parking facility or highway may therefore
be required to submit plans and secure the approval of the Department of
Environmental Quality prior to commencing construction.
The Commission further declares it to be contrary to the public policy
of the State of Oregon, as set forth in ORS 449.765* for parking facilities
and highways to be constructed in urban areas without full recognition
being given to the environmental impact of such facilities, including the
degree to which such facilities may affect; (1) the ability of the State
to achieve., and maintain acceptable air quality and noise levels; (2) the
development of low-polluting transportation systems; and (3) the general
quality of life in urban areas.
(1) It is therefore the policy of the Environmental Quality Commission:
To allow only those parking facilities and highways to be built
which are consistent with environmentally sound transportation
plans, and which do not interfere with attaining and maintaining
acceptable air quality, noise levels and quality of life in urban
areas.
(2) To promote the development of comprehensive transportation plans
in urban areas in which environmental considerations play a major
role, and specifically to promote the development of mass transit
systems wherever feasible.
(3) To require persons proposing to construct, enlarge, or substan-
tially modify any major parking facility or highway in certain
urban areas to submit detailed plans, specifications, and pro-
fessionally prepared environmental impact studies prior to com-
mencing construction.
(4) To provide for significant involvement by regional air pollution
authorities in the review of proposed new parking structures and
highways in regional areas, while maintaining final responsibility
for decision-making with the Environmental Quality Commission.
(5) To the greatest extent practicable, to provide for public announce-
ment of proposed construction submitted for review, and to hold
public hearings when it is deemed in the public interest to do so.
20-060 APPLICABILITY.
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The provisions of this regulation shall apply within, or within five (5)
miles of, the municipal boundaries of any city having a population of
50,000 or greater.
20-065 REQUIREMENTS.
(1) No person shall construct any new parking facility or highway, or
substantially enlarge or otherwise modify any existing parking
facility.or highway, in any area of the State set forth in
Section 20-060, without first notifying the responsible regional
authority.
(2) The regional authority may, within 30 days of notification of
an intent to construct, request submission of the following
materials as a condition precedent to construction:
(a) Plans and specifications of the proposed parking facility
or highway, to the extent such plans are necessary for
evaluation of'environmental impact.
(b) A statement, prepared by a qualified professional engineer,
architect, or planner, describing in objective quantitative
terms the probable impact of the proposed construction
upon:
(A) Motor vehicle usage and air contaminant emissions
in the affected urban area;
(E) Development of mass transit and other public
transportation systems;
(C) Development of, or compatibility with, a comprehensive
urban transportation plan in the affected area.
(3) The regional authority shall, within 21 days of receipt of the
items set forth in Subsection 20-065(2), forward them to the
Department of Environmental Quality with a recommendation
for action.
(4) The Department shall, upon determining that the proposed
construction is compatible with the Statement of Policy set
forth in Section 20-055 of this regulation, notify the person
concerned that construction may proceed.
(15) If within 60 days of receipt by the regional authority of the
items set forth in Subsection 20-065(2) the Department
determines that the proposed construction is not in accordance
with the Statement of Policy set forth in Section 20-055, it
shall issue an order prohibiting construction of the parking
facility or highway.
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20-070 PUBLIC HEARING.
Pursuant to law, any person against whom an order prohibiting
construction is directed may within 20 days from the date of mailing
of the order, demand a hearing. The demand shall be in writing, state
the grounds for the hearing, and be mailed to the Director of the
Department of Environmental Quality. Reasonable public notice shall
be given, and the general public shall be allowed to present testimony
at the hearing, to be held pursuant to the applicable provisions of
ORS Chapter 183.
(10.0) RULES FOR INDIRECT SOURCES.
20-100 POLICY..
The Commission finds and declares Indirect Sources to be air con-
tamination sources as defined in ORS-468.275. The Commission further
finds and declares that the regulation of Indirect Sources is necess-
ary to control the concentration of air contaminants which result from
Motor Vehicle Trips and/or Aircraft Operations associated with the
use of Indirect Sources.
20-105 JURISDICTION AND DELEGATION.
The Commission finds that the complexity or magnitude of Indirect
Sources requires state-wide regulation and assumes or retains
jurisdiction thereof. The Commission may, however, when any
Regional Authority requests and provides evidence demonstrating its
capability to carry out the provisions of these rules relating to
Indirect Sources, authorize and confer jurisdiction upon such Regional
Authority to perform all or any of such provisions within it boundary
until such authority and jurisdiction shall be withdrawn from cause
by the Commission.
20-110 DEFINITIONS.
(1) "Aircraft Operations" means any aircraft landing or takeoff.
(2) "Airport" means any area of land or water which is used or
intended for use for the landing and takeoff of aircraft, or
any appurtenant areas, facilities, or rights-of-way such as
terminal facilities, parking lots, roadways, and aircraft
maintenance and repair facilities.
(3) "Associated Parking" means a parking facility or facilities
owned, operated and/or used in conjunction with an Indirect
Source.
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(4) "Average Daily Traffic" means the total traffic volume during
a given time period in whole days greater than one day and less
than one year divided by the number of days in that time period,
commonly abbreviated as ADT.
(5) "Commence Construction" means to begin to engage in a continuous
program of on-site construction or on-site modifications,
including site clearance, grading, dredging, or landfilling
in preparation for the fabrication, erection, installation, or
modification of an indirect source. Interruptions and delays
resulting from .acts of God, strikes, litigation, or other matters
beyond the control of the owner shall be disregarded in deter-
mining whether a construction or modification program is
continuous.
(6) "Commission" means the Environmental Quality Commission.
(7) "Department" means the Department of Environmental Quality.
(8) "Director" means director of the Department or Regional
Authority and authorized deputies or officers.
(9) "Highway Section" means a highway of substantial length between
logical termini (major crossroads, population centers, major
traffic generators, or similar major highway control elements)
as normally included in a single location study or multi-year
highway improvement program.
(10) "Indirect Source" means a facility, building, structure, or
installation, of any portion or combination thereof, which
indirectly causes or may cause mobile source activity that
results in emission of an air contaminant for which there is a
state standard. Such Indirect Source shall include, but not be
limited to:
(a) Highways and roads.
(b) Parking Facilities.
(c) Retail, commercial, and industrial facilities.
(d) Recreation, amusement, sports, and entertainment faci'h'ties.
(e) Airports.
(f) Office and Government buildings.
(g) . Apartment, condominium developments, and mobile home parks.
(h) Educational Facilities.
(11) "Indirect Source Construction Permit" means a written permit in
letter form issued by the Department or the Regional Authority
having jurisdiction, bearing the signature of the Director,
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which authorizes the permittee to Commence Construction of an
Indirect Source under construction and operation conditions
and schedules as specified in the permit.
(12) "Mobile Source" means self-propelled vehicles, powered by internal
combustion engines, including but not limited to automobiles,
trucks, motorcycles, and aircraft.
(13) "Off-street Area or Space" means any area or space not
located on a public road dedicated for public use.
(14). "Parking Facility" means any building, structure, lot or portion
thereof, designed and used primarily for the temporary storage
of motor vehicles in designated Parking Spaces.
(15) "Parking Space" means any Off-street Area or Space below, above
or at ground level, open or enclosed, that is used for parking
one motor vehicle at a time.
(16) "Person" means individuals, corporations, associations, firms,
partnerships, joint stock companies, public and municipal
corporations, political subdivisions, the state and any agencies
thereof, and the federal government and any agencies thereof.
(17) "Population" means that population estimate most recently
published by the Center for Population Research and Census,
Portland State University, or any other population estimate
approved by the Department.
(18) "Regional Authority" means a regional air quality control
authority established under the provisions of ORS 468.505.
(19) "Regional Parking and Circulation Plan" means a plan developed
by a city, county, or regional planning agency, the implementa-
tion of which assures the maintenance of the State's ambient eir
quality standards.
(ZO) "Regional Planning Agency" means any planning agency which has
been recognized as a substate-clearing house for the purposes
of conducting project review under the United States Office of
Management and Budget Circular Number A-95, or other govern-
mental agency having planning authority.
(21) "Reasonable Receptor and Exposure Sites" means locations where
people might reasonably be expected to be exposed to air contami-
nants generated in whole or in part by the Indirect Source in
question. Location of ambient air sampling sites and methods
of sample collection shall conform to criteria on file with the
Department of Environmental Quality.
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(22) "Vehicle Trip" means a single movement by a motor vehicle
which originates or terminates at or uses an Indirect Source.
Hist: Amended 3-11-75 by DEQ 86
20-115 INDIRECT SOURCES REQUIRED TO HAVE INDIRECT SOURCE CONSTRUCTION
(1) Th,e owner, operator, or developer of an Indirect Source identified
in subsection 20-115(2) of this section shall not Commence
Construction of such a source after December 31, 1974 without an
approved Indirect Source Construction Permit issued by the Depart-
ment or Regional Authority having jurisdiction.
(2) All Indirect Sources meeting the criteria of this subsection
relative to type, location, size, and operation are required to
apply for an Indirect Source Construction Permit:
(a) The following sources in or within five (5) miles of the
municipal boundaries of a municipality with a Population of
50,000 or more, including but not limited to Portland,
Salem, and Eugene:
(A) Any Parking Facility or other Indirect Source with
Associated Parking being constructed or modified to
create new or additional parking (or Associated
Parking) capacity of 50 or more Parking Spaces.
(B) Any Highway Section being proposed for construction
with an anticipated annual Average Daily Traffic
volume of 20,000 or more motor vehicles per day
within ten years after completion, or being modified
so that the annual Average Daily Traffic on that
Highway Section will be increased to 20,000 or more
motor vehicles per day or will be increased by
10,000 or more motor vehicles per day within ten
years after completion.
(b) Except as otherwise provided in this section, the following
sources within Clackamas, Lane, Marion, Multnomah, or
Washington Counties:
(A) Any Parking Facility or other Indirect Source with
Associated Parking being constructed or modified
to create new or additional parking (or Associated
Parking) capacity of 500 or more Parking Spaces.
(B) Any Highway Section being proposed for construction
with an anticipated annual Average Daily Traffic volume
of 20,000 or more motor vehicles per day within ten
years after completion, or being modified so that the
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annual Average Daily Traffic on that Highway Section
will be 20,000 or more motor vehicles per day, or will be
increased by 10,000 or more motor vehicles per day
within ten years after completion.
(c) Except as otherwise provided in this section, the following
sources in all areas of the state:
(A) Any Parking Facility or other Indirect Source with
Associated Parking being constructed or modified
to create new or additional parking (or Associated
Parking) capacity of 1000 or more Parking Spaces.
(B) Any Highway Section being proposed for construction
with an anticipated annual Average Daily Traffic
volume of 50,000 or more motor vehicles per day within
ten years after completion, or being modified so that
the annual Average Daily Traffic on that Highway
Section will be 50,000 or more motor vehicles per day,
or will be increased by 25,000 or more motor vehicles
per day, within ten years after completion.
(d) Any Airport being proposed for construction with projected
annual Aircraft Operations of 50,000 or more within ten years
after completion, or being modified in any way so as to
increase the projected number of annual Aircraft Operations
by 25,000 or more within ten years after completion.
(3) Where an Indirect Source is constructed or modified in increments
which individually are not subject to review under this Section,
and which are not part of a program of construction or modification
in planned incremental phase approved by the Director, all such
increments commenced after January 1, 1975 shall be added to-
gether for determining the applicability of this rule.
(4) An Indirect Source Construction Permit may authorize more than
one phase of construction, where commencement of construction
or modification of successive phases will begin over acceptable
periods of time reffered to in the permit; and thereafter
construction or modification of each phase may be begun without
the necessity of obtaining another permit.
Hist: Amended 3-11-75 by DEQ 86
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20-120 ESTABLISHMENT OF AN APPROVED REGIONAL PARKING AND CIRCULATION
PLAN(S) BY A CITY, COUNIY, OR
(1) Any city, county, or Regional Planning Agency may submit a
Regional Parking and Circulation Plan to the Department or
to the Regional Authority having jurisdiction for approval.
Such a plan shall include, but not be limited to:
(a) Legally identifiable plan boundaries.
(b) Reasonably uniform identifiable grids where applicable.
(c) Total parking space capacity allocated to the plan area.
(d) An emission density profile for each grid or plan.
(e) Other applicable information which would allow evaluation
of the plan such as, but not limited to, scheduling of
construction, emission factors, and criteria guidelines,
or ordinances applicable to the plan area.
(2) The Department or Regional Authority having jurisdiction shall
hold public hearing on each Regional Parking and Circulation
Plan submitted, and on each proposed revocation or substantial
modification thereof, allowing at least thirty (30) days for
written comments from the public and from interested agencies.
(3) Upon approval of a submitted Regional Parking and Circulation
Plan, the plan shall be identified as the approved Regional
Parking and Circulation Plan, the appropriate agency shall be
notified, and the plan used for the purposes and implementation
of this rule.
(4) The appropriate city, county, or Regional Planning Agency shall
annually review an approved Regional Parking and Circulation
Plan to determine if the plan continues to be adequate for the
maintenance of air quality in the plan area and shall report
its conclusions to the Department or Regional Authority having
jurisdiction.
(5) The Department or Regional Authority having jurisdiction shall
initiate a review of an approved Regional Parking and Circulation
Plan i-f it is determined that the Regional Parking and Circulation
Plan is not adequately maintaining the air quality in the plan
area.
20-125 INFORMATION AND REQUIREMENTS "APPLICABLE,JO INDIRECT SQURCE(S)
CONSTRUCTION PERMIT APPLICATIONS'WHERE AN APPROVED REGIONAL
PARKING AND CIRCULATION PLAN IS ON FILE.
(1) Application Information Requirements:
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(a) Parking Facilities and Indirect Sources Other Than High-
way Sections:
(A) A completed application form;
(B) A map showing the location of the site;
'(C) A description of the proposed and prior use .of the
site;
(D) A site plan showing the location and quantity of
Parking Spaces at the Indirect Source and Associated
Parking areas, points of motor vehicle ingress and
egress to and from the site and Associated Parking;
(E) A ventilation plan for subsurface and enclosed parking;
(F) A written statement from the appropriate planning
agency that the Indirect Source in question is con-
sistent with an approved Regional Parking and
Circulation Plan or any adopted transportation plan
for the region.
(S) A reasonable estimate of the effect the project has on
total parking approved for any specific grid area and
Regional Parking and Circulation Plan area.
(b) Highway Section(s):
(A) Items (A) through (C) of subsection 20-125(1)(a).
(B) A written statement from the appropriate planning agency
that the Indirect Source in question is consistent with
an approved Regional Parking and Circulation Plan and
any adopted transportation plan for the region.
(C) A reasonable estimate of the effect the project has on
total vehicle miles travelled within the Regional
Parking and Circulation Plan Area.
(2) Within 15 days after the receipt of an application for a permit
or additions thereto, the Department or Regional Authority
having jurisdiction shall advise the owner or operator or the
Indirect Source of any additional information required as a
condition precedent to issuance of a permit. An application
shall not be considered complete until the required information
is received by the Department or Regional Authority having
jurisdication.
Hist: Amended 3-11-75 by DEQ 86
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20-129 INFORMATION AND REQUIREMENTS APPLICABLE TO INDIRECT SQURCE(S)
CONSTRUCTION PERMIT APPLICATION WHERE NO APPROVED REGIONAL
PARKING AND CIRCULATION PLAN IS ON FILE.
(1) Application Information Requirements:
(a) For Parking Facilities and other Indirect Sources with
Associated Parking, other than Highway Sections and
Airports, with planned construction resulting in total
.parking capacity for 1000 or more vehicles, the following
information shall be submitted:
(A) Items (A) through (E) of subsection 20-125(1 )(a).
(B) Subsection 20-125(2) shall be applicable.
(C) Measured or estimated carbon monoxide and lead
concentrations at Reasonable Receptor and Exposure
Sites. Measurements shall be made prior to con-
struction and estimates shall be made for the first,
tenth, and twentieth years after the Indirect Source
and Associated Parking are completed or fully opera-
tional. Such estimates shall be made for average
and peak operating conditions.
(D) Evidence of the compatibility of the Indirect
Source with any adopted transportation plan for
the area.
(E) An estimate of the effect of the operation of the
Indirect Source on total vehicle miles travelled.
•(F) An estimate of the additional residential, commer-
cial, and industrial developments which may occur
concurrent with or as the result of, the con-
struction and use of the Indirect Source. This shall
also include an air quality impact assessment of
such development.
(G) Estimates of the effect of the operation and use of
the Indirect Source on traffic patterns, volumes,
and flow in, on, or within one-fourth mile of the
Indirect Source.
(H) An estimate of the average daily Vehicle Trips,
detailed in terms of the average daily peaking
characteristics of such trips, and an estimate of
the maximum Vehicle Trips, detailed in one hour
and eight hour periods, generated by the movement
of people to and from the Indirect Source in the
first, tenth, and twentieth years after completion.
(J) A description of any emission control techniques
which shall be used to minimize any adverse environ-
mental effects resulting from the use of the Indirect
source.
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(b) .For Parking Facilities and other Indirect Sources with
Associated Parking, other than Highway Sections and ,
Airports, and planned construction of parking capacity
for 50 to 1000 vehicles; the following information shall
be submitted:
(A) Items (A) through (E) of subsection J>0-125(1)(a).
(B) Subsection 20-125(2) shall be applicable. Such
additional information may include such items as (C)
through (J) of subsection 20-129(1)(a).
(c) For Airports, the following information shall be submitted:
(A) Items (A) through (E) of subsection 20-125(1)(a).
(B) Subsection 20-125(2) shall be applicable.
(C) A map showing the topography of the area surrounding
and including the site.
(D) Evidence of the compatibility of the Airport with any
adopted transportation plan for the area.
(E) An estimate of the effect of the operation of the Air-
port on total vehicle miles travelled.
(F) Estimates of the effect of the operation and use of the
Airport on traffic patterns, volumes, and flow in, on,
or within one-fourth mile of the Airport.
(G) An estimate of the average and maximum number of Air-
craft Operation per day by type of aircraft in the
first, tenth, and twentieth years after completion.
(H) Expected passenger loadings in the first, tenth, and
twentieth years after completion.
(I) Measured or estimated carbon monoxide and lead con-
centrations at Reasonable Receptor and Exposure Sites.
Measurements shall be made prior to construction and
estimates shall be made for the first, tenth, and
twentieth years after the Airport and Associated
Parking are completed or fully operational. Such
estimates shall be made for average and peak operating
conditions.
(0) Alternative designs of the Airport i.e. size, location,
parking capacity, etc. which would minimize the adverse
environmental impact of the Airport.
:(K) An estimate of the additional residential, commercial,
and industrial development which may occur within 3
miles of the boundry of the new or modified Airport as
the result of the construction and use of the Airport.
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(L) An estimate of the area-wide and quality impact for
carbon monoxide, photochemical oxidants, nitrogen
oxides, and lead participate. This analysis would
be based on the emissions projected to be emitted
from mobile and stationary sources within the Airport
and from mobile and stationary source growth within
3 miles of the boundary of the Airport. Projections
should be made for the first, tenth, and twentieth
years after completion.
(M) A description of the availability and type of mass
transit presently serving or projected to serve the
proposed Airport. This description shall only include
mass transit operating within 1/4 mile of the boundary
of the Airport.
(d) For Highway Sections, the following information shall be
submitted:
(A) Items (A) througth (C) of subsection 20-125(1 )(a).
(B) Subsection 20-115(2) shall be applicable.
(C) A map showing the topography of the Highway Section
and points of ingress and egress.
(D) The existing average and maximum daily traffic on the
Highway Section proposed to be modified.
(E) An estimate of the maximum traffic levels for one and
eight hour periods in the first, tenth, and twentieth
years after completion.
(F) An estimate of vehicle speeds for average and maximum
traffic volumes in the first, tenth, and twentieth
years after completion.
(G) A description of the general features of the Highway
Section and Associated right-of-way.
(H) An analysis of the impact to the Highway Section on
the development of mass transit and other modes of
transportation such as bicycling.
(I) Alternative designs of the Highway Section, i.e. size,
location, etc., which would minimize adverse environ-
mental effects of the Highway Section.
(J) The compatability of the Highway Section with an
adopted comprehensive transportation plan for the
area.
(K) An estimate of the additional residential, commercial,
and industrial development which may occur as the result
of the construction and use of the Highway Section,
including an air quality assessment of such development.
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(L) Estimates of the effect of the operation and use of
the Indirect Source on major shifts in traffic
patterns, volumes, and flow in, on, or within one-
fourth mile of the Highway Section.
(M) An analysis of the area-wide air quality impact for
.carbon monoxide, photochemical oxidants, nitrogen
oxides, and lead particulates in the first, tenth,
and twentieth years after completion. This analysis
would be based on the change in total vehicle mil.es .
travelled in the area selected for analysis.
(N) The total air quality impact (carbon monoxide and
lead) of maximum and average traffic volumes. This
analysis would be based on the estimates of an
appropriate diffusion model at Reasonable Receptor
and Exposure Sites. Measurements shall be made prior
to construction and estimates shall be made for the
first, tenth, and twentieth years after the Highway
Section is completed or fully operational.
(0) Where applicable and requested by the Department, a
Department approved surveillance plan for motor
vehcile related air contaminants.
Hist: Amended 3-11-75 by DEQ 86
20-130 ISSUANCE OR DENIAL OF INDIRECT SOURCE CONSTRUCTION PERMITS.
(1) Issuance of an Indirect Source Construction Permit shall not
relieve the permittee from compliance with other .applicable
provisions of the Clean Air Act Implementation Plan for Oregon'.
(2) Within 20 days after receipt of a complete permit application,
the Department or Regional Authority having jurisdication shall: ,
(a) Issue 20 day notice and notify the Administrator of the
Environmental Protection Agency, appropriate newspapers,
and any interested person(s) who has requested to receive
such notices in each region in which the proposed Indirect
Source is to be constructed of the opportunity for written
public comment on the information submitted by the applicant*
the Department's evaluation of the proposed project, the
Department's proposed decision, and the Department's proposed
construction permit where applicable.
(b) Make publicly available in at least one location in each
region in which the proposed Indirect Source would be
constructed, the information submitted by the applicant,
the Department's evaluation of the proposed project, the
Department's proposed decision, and the Department's proposed
construction permit where applicable.
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(3) Within 60 days of the receipt of a complete permit application,
the Department or Regional Authority having jurisdiction shall
act to either disapprove a permit application or approve it
with po3sible conditions.
(4) Conditions of an Indirect Source Construction Permit may include,
but are not limited to:
(a) Posting transit route and scheduling information.
(b) Construction and maintenance of bus shelters and turn-out
lanes.
(c) Maintaining mass transit fare reimbusement programs.
(d) Making a car pool matching system available to employees,
shoppers, students, residents, etc.
(e) Reserving parking spaces for car pools.
(f) Making parking spaces available for park-and-ride stations.
(g) Minimizing vehicle running time within parking lots
through the use of sound parking lot design.
(h) Ensuring adequate gate capacity by provided for the proper
number and location of entrances and exists and optimum
signalization for such.
(i) Limiting traffic volume so as not to exceed the carrying
capacity of roadways.
(j) Altering the level of service at controlled intersections.
(k) Obtaining a written statement of intent from the appropriate
public agency(s) on the disposition of roadway improvements,
modifications, and/or additional transit facilities to
serve the individual source.
(1) Construction and maintenance of exclusive transit ways.
»
(m) Providing for the collection of air quality monitoring data
at Reasonable Receptor and Expsoure Sites.
(n) Limiting facility modifications which can take place without
re-submission of a permit application.
(o) 'Completion and submission of a Notice of Completion form
prior to operation of the facility.
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(5) An Indirect Source Construction Permit may be witheld if:
(a) The Indirect Source will cause a violation of the Clean
Air Act Implementation Plan for Oregon.
(b) The Indirect Source will delay the attainment of or cause
a violation of any state ambient air quality standard.
(c) ,The Indirect Source causes any other Indirect Source or
system of Indirect-Sources to violate any state ambient
air. quality standard.
(d) The applicable requirements for an Indirect Source
Construction Permit application are not met.
(6) Any owner or operator of an Indirect Source operating without
a permit required by this rule, or operating in violation of any
of the conditions of an issued permit shall be subject to civil
penalties and/or injunctions.
(7) Nothing in this section shall preclude a Regional Authority
authorization under section 20-105 from setting the permit
conditions for areas within its jurisdiction at levels more
stringent than those detailed in sections 20-100 through 20-135.
(8) If the Department shall deny, revoke, or modify an Indirect
Source Construction Permit, it shall issue an order setting
forth its reasons in essential detail.
(9) An Indirect Source Construction Permit Application shall not be
considered complete until the applicant has provided to the
Department evidence that the Indirect Source in question is not
in violation of any land use ordinance or regulation enacted or
promulgated by a constitutive local governmental agency having
jurisdiction over the subject real property.
Hist: Amended 3-11-75 by DEQ 86
20-135 PERMIT DURATION.
(1) An Indirect Source Construction Permit issued by the Department
or a Regional Authortiy having jurisdication shall remain in
effect until modified or revoked by the Department or such
Regional Authority.
(2) The Department or Regional Authority having jurisdiction may
revoke the permit of any Indirect Source operating in violation
of the construction, modification, or operation conditions set
forth in its permit.
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(3) An approved permit may be revoked without a hearing if
construction or modification is not commenced within 18 months
after receipt of the approved permit; and, in the case of a
permit granted covering construction or modification in
approved, planned incremental phases, a permit may be revoked
as to any such phase as to which construction or modification
is not commenced within 18 months of the time period stated in
the initial permit for the commencing of construction of that
phase. The Director may extend such time period upon a satis-
factory showing by the permittee that an extension is justified.
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EMISSION STANDARDS AND REGULATIONS
SUBDIVISION 1
GENERAL EMISSION STANDARDS FOR PARTICULATE MATTER.
21-005 DEFINITIONS.
(1) "Existing source" means any air contaminant source in
existence prior to June "U 1970.
(2) "Fuel burning equipment" means equipment, other than internal
combustion engines, the principal purpose of which is to
produce heat or power by indirect heat transfer.
(3) "New source" means any air contaminant source installed,
constructed, or modified after June 1, 1970.
(4) "Opacity" means the degree to which an emission reduces
transmission of light and obscures the view of an object
in the background.
(5) "Particulate matter" means any matter, except uncombined
water, which exists as a liquid or solid at standard
conditions.
(6) "Refuse" means unwanted matter.
(7) "Refuse burning equipment" means a device designed to reduce
the volume of solid, liquid, or gaseous refuse by combustion.
(8) "Ringelmann Smoke Chart" means the Ringelmann Smoke Chart
with instructions for use as published in May, 1967, by the
U.S. Dept. of Interior, Bureau of Mines. •
(9) "Standdrd conditions" means a temperature of 60° Fahrenheit
and a pressure of 14.7 pounds per square inch absolute.
(10) "Standard cubic foot" means the amount of gas that would
occupy a volume of one cubic foot, if the gas were free of
uncombined water at standard conditions. When applied to
combustion flue gases from fuel or refuse burning, "Standard
cubic foot" also implies adjustment of gas volume to that
which would result at a concentration of 12% carbon dioxide
or 507, excess air.
20-010 SPECIAL CONTROL AREAS.
The following areas of the State are established as Special Control
Areas, and are,deemed applicable to these Regulations and to Emission
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Standards for Industrial Processes.
(1) Willamette Valley, defined as all areas within counties
of the State under the jurisdiction of a regional air
pollution control authority as of June 1, 1970, including:
(a) The Columbia-Willamette Air Pollution Authority, which
includes the counties of Clackamas, Columbia, Multnomah
and Washington.
(b) The Mid-Willamette Valley Air Pollution Authority, which
includes the counties of Benton, Linn, Marion, Polk and
'Yamh.i 11;
(c) Lane Regional Air Pollution Authority, which includes
Lane County.
(2) Umpqua Basin, defined as the area bounded by the following
line: Beginning at the SW corner of Sec. 2, T19S, R9W,. on
the Douglas-Lane County lines and extending due South to the
SW corner of Sec. 14, T32S., R9W,. on the Douglas-Curry
County lines, thence Easterly on the Douglas-Curry and
Douglas-Josephine County lines to the intersection of the
Douglas, Josephine and Jackson County lines; thence Easterly
on the Doug!as-Jackson County line to the intersection of the
Umpqua National Forest boundary on the NW corner of Sec. 32,
T32S, R3W., thence Northerly on the Umpqua National Forest
boundary to the NE corner of Sec. 36, T25S, R2W, thence West
to the NW corner of Sec. 36, T25S, R4W, thence North to the
Douglas-Lane County line, thence Westerly on the Douglas-Lane
County line to the starting point.
(3) Rogue Basin, defined as the area bounded by the following
line: Beginning at the NE corner of T32S, R2E, M.W.;
thence South along Range line 2 E to the SE corner of T39S;
thence West along Township line 39S to the NE corner of
T40S, R7W; thence South to.the SE corner of T40S, R7W; thence
West to the SE corner of T40S, R9W; thence North on Range line
9W to the NE corner of T39S, R9W; thence East to the NE corner
of T39S, R8W; thence North on Range Line 8W to the SE corner
of Sec. 1, T33S, R8W on the Josephine-Douglas County Line;
thence East on the Josephine-Douglas and Jackson-Douglas County
lines' to the NE corner of T32S, R1W; thence East along Township
line 32S to the NE corner of T32S, R2E, to the point of
beginning.
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(4) Within incorporated cities having a population of four
thousand (4000) or more, and within three (3) miles of
. the corporate limits of any such city.
21-015 VISIBLE AIR CONTAMINANT LIMITATIONS.
(1) Existing Sources Outside Special Control Areas. No person
shall cause, suffer, allow, or permit the emission of any
air contaminant into the atmosphere from any existing air
contaminant source located outside a Special Control Area
for a period or periods aggregating more than 3 minutes
in any one hour which is:
(a) .As dark or darker in shade as that designated as No. 2
on the Ringelmann Chart, or
(b) Equal to or greater than 40% opacity.
(2) New Sources in All Areas and Existing Sources Within Special
Control Areas: No person shall cause, suffer, allow, or
permit the emission of any air contaminant into the atmosphere
from any new air contaminant source, or from any existing
source within a Special Control Area, for a period or periods
aggregating more than 3 minutes in any one hour which is:
(a) As dark or darker in shade as that designated as No. 1
on the Ringelmann Chart, or
(b) Equal to or greater than 20% opacity.
(3) Exceptions to 21-015(1) and 21-015(2).
(a) Where the presence of umcombined water is the only reason
for failure of any emission to meet the requirements of
Sections 21-015 (1) and 21-015 (2), such sections shall
not apply.
(b) Existing fuel burning equipment utilizing wood wastes and
located within Special Control Areas shall comply with the
emission limitations of Subsection 21-015 (1) in lieu of
.Subsection 21-015 (2).
21-020 FUEL BURNING EQUIPMENT LIMITATIONS.
No person shall cause, suffer, allow, or permit the emission of
particulate matter, from any fuel burning equipment in excess of:
(1) 0.2 grain per standard cubic foot for existing sources; or
(2) 0.1 grain per standard cubic foot for new sources.
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21-025 REFUSE BURNING EQUIPMENT LIMITATIONS.
No person shall cause, suffer, allow, or permit the emission of
particulate matter from any refuse burning equipment in excess of:
(1) For equipment designed to burn 200 pounds of refuse per hour
or less, 0.3 grain per standard cubic foot; or
(2) For equipment designed to burn more than 200 pounds of refuse
per hour;
(a) 0.2 grain per standard cubic foot for existing sources; or
(b) 0.1 grain per standard cubic foot for new sources.
21-030 PARTICIPATE EMISSION LIMITATIONS FOR SOURCESJJTHER THAN FUEL
BURNING AND REFUSE BURNING EQUIPMENT.
(1) No person shall cause, suffer, allow or permit the emission of
particulate matter, from any air contaminant source other than
fuel burning equipment or refuse burning equipment, in excess of:
(a) 0.2 grains per standard cubic foot for existing sources; or
(b) 0.1 grains per standard cubic foot for new sources.
Hist: Filed 2-15-72 as DEQ 37
(50.1.1) PARTICULATE EMISSIONS FROM PROCESS EQUIPMENT.
21-035 APPLICABILITY.
This regulation shall apply to all industrial processes other than those
for which specific emission standards have been adopted. Also excluded
are fuel burning and refuse burning equipment in which combustion gases
do not mix directly with process materials.
21-040 EMISSION STANDARD.
«
No person shall cause, suffer, allow or permit the emission of particulate
matter in any one hour from any process in excess of the amount shown
in Table I, for the process weight rate allocated to such process.
21-045 DETERMINATION OF PROCESS WEIGHT.
(1) Process weight per hour is the total weight of all materials
introduced into any specific process, which process may cause
any discharge of particulate matter. Solid fuels charged will
be considered as part of the process weight, but liquid and
gaseous fuels and combustion air will not. For a cyclical or
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batch operation, the process weight per hour will be derived
by dividing the total process weight by the number of hours in
one complete operation from the beginning of any given process
to the completion thereof, excluding any time during which
the equipment is idle. For a continuous operation,- the process
weight per hour will be derived by dividing the process weight
by a typical period of time.
(2) Where the nature of any process or operation or the design of
any equipment is such as to permit more than one interpretation
of this regulation, the interpretation that results in the
minimum value for the allowable emission shall apply.
Table I
Particulate Matter Emissions Standards for Process Equipment
Process
Lbs/Hr
50
100
150
200
250
300
350
400
450
500
550
600
650
700
750
800
850
900
950
1000
1100
1200
1300
1400
1500
1600
1700
1800
1900
2000
2100
2200
Emission
Lbs/Hr
0.24
0.46
0.66 ,
0.85
1.03
1.20
1.35 '
1 .50
1.63
1.77
1.89
2.01
2.12 '
2.24
2.34
2.43
2.53
2.62
2.72
2.80
2.97
3.12
3.26
3.40
3.54
3.66
3.79
3.91
4.03
4.14 •
4.24
4.34
Process
Lbs/Hr
2300
2400
2500
2600
2700
2800
2900
3000
3100
3200
3300
.3400
•3500 •'
3600
3700
3800
3900
4000
4100
4200
4300
4400
4500
4600
4700
4800
4900
5000
5500
6000
6500
7000
Emission
Lbs/Hr
4.44
4.55
4.64
4.74
4.84
4.92
5.02
5.10
5.18
5.27
5.36
5.44
5.52
5.61
5.69
5.77
5.85 ,
5.93
6.01
6.08
6.15
6.22
6.30
6.37
6.45
6.52
6.60
6.67
7.03
7.37
7.71
8.05
Process
Lbs/Hr
7500
8000
8500
9000
9500
10000
11000
12000
13000
14000
15000
16000
17000
18000
19000
20000
30000
40000
50000
60000
70000
80000
90000
1 00000
120000
140000
160000
200000
1000000
2000000
6000000
Emission
Lbs/Hr
8.39
8.71
9.03
9.36
9.67
10.00
10.63
11.28
11.89
12.50
13.13
13.74
14.36
14.97
15.58
16.19.
22.22
28.30
34.30
40.00
41.30
42.50
43.60
44.60
47.80
49.00
51.20
69.00
77.60
92.70
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Interpolation and extrapolation of the data for process unit weight rates
in excess of 60,000 Ib/hr shall be accomplished by the use of the equation
E = 55.OP ' - 40, where E = rate of process unit emission in Ib/hr
and P = process weight in tons/hr.
(50.0) FUGITIVE EMISSIONS
21-050 DEFINITIONS.
As used in this regulation, unless otherwise required by context:
(1) "Fugitive emissions" means dust, fumes, gases, mist, odorous
matter, vapors, or any combination thereof not easily given
to measurement, collection and treatment by conventional
pollution control methods.
(2) "Nuisance conditions" means unusual or annoying amounts of
fugitive emissions traceable directly to one or more specific
sources. In determining whether a nuisance condition exists,
consideration shall be given to all of the circumstances,
including density of population, duration of the activity in
question, and other applicable factors.
21-055 APPLICABILITY.
This regulation shall be applicable:
(1) Within Special Control Areas, as defined in OAR Chapter 340,
Subdivision (1), Section 21-010.
(2) When ordered by the Department, in other areas when the need
for application of the regulation, and the practicability of
control measures, have been clearly demonstrated. •
21-060 REQUIREMENTS.
(1) When fugitive emissions escape from a building or equipment in
such a manner and amount as to create nuisance conditions or
to violate.any regulation, the Department may, in addition to
other means of obtaining compliance, order that the building or
equipment in which processing, handling, and storage are done
be tightly closed and ventilated in such a way that air
contaminants are controlled or removed before discharge to the
open air.
(2) No person shall cause, suffer, allow 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 equ~'pment to be operated without
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taking reasonable precautions to prevent participate matter
from becoming airborne. Such reasonable precautions shall
include, but not be limited to the following;
(a) Use, where possible, of water or chemicals for control
of dust in the demolition of existing buildings or
structures, construction operations, the grading of roads
or the clearing of land;
. (b) Application of asphalt, oil, water, or other suitable
chemicals on unpaved roads, materials stockpiles, and
ether surfaces which can create airborne dusts;
(c) Full or partial enclosure of materials stockpiles in cases
where application of oil, water, or chemicals are not
sufficient to prevent particulate matter from becoming
airborne;
(d) Installation and use of hoods, fans and fabric filters to
enclose and vent the handling of dusty materials;
(e) Adequate containment during sandblasting or other similar
operations;
(f) Covering, at all times when in motion, open bodied trucks
transporting materials likely to become airborne;
(g) The prompt removal from paved streets of earth or other
material which does or may become airborne.
(7.0) UPSET CONDITIONS
21-065 INTRODUCTION.
Emission of air contaminants in excess of applicable standards as a result
of scheduled maintenance or equipment breakdown shall not be considered
a violation of said standards provided the conditions of sections 21-070
and 21-075 are met.
21-070 SCHEDULED MAINTENANCE.
(1) In the case of shutdown of air pollution control equipment for
necessary scheduled maintenance, the intent to shut down such
equipment shall be reported to the Department at least twenty-
four (24) hours prior to the .planned shutdown. Such prior
notice shall include, but is not limited to the following:
(a) Identification of the specific facility to be taken out of
service.
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(b) The expected length of time that the air pollution control
equipment will be o.ut of service.
i i
(c) The nature and quantity of emissions of air contaminants
likely to occur during the shutdown period.
(d) Measures, such as the use of off-shift labor and equipment,
that will be taken to minimize the length of the shutdown
period, and where practical, minimize air contaminant
emissions.
(e) The reasons that it would be impractical to shutdown the
.source operation during the maintenance period.
(2) Additionally, in the case of maintenance scheduled more frequently
than one time in a 90 day period, requiring shutdown of air
pollution control equipment, or for any maintenance requiring
shutdown of air pollution control equipment for a time period
longer than 48 hours, prior approval of the maintenance program
may be required by the Department. Application for approval
shall be submitted in writing within 30 days after a request
by the Department and shall include, in addition to items (a)
through (e) 'in subsection (1) above, specific information as to
the frequency and the necessity of the scheduled maintenance.
Approval of•the program by the Department shall be based upon
a determination that the proposed maintenance schedule is
necessary and that all reasonable precautions have been taken
to minimize the extent and frequency of air contaminant emissions
in excess of applicable standards.
(3) No scheduled maintenance resulting in the emission of air
contaminants in violation of applicable standards shall be
performed during any period in which an Air Pollution Alert,
Air Pollution Warning, or Air Pollution Emergency has been
declared.
' 21-075 MALFUNCTION OF EQUIPMENT.
In the event that any emission source, air pollution control equipment or
related facility malfunctions or breaks down in such a manner as to cause
the emission of air contaminants in violation of applicable standards, the
person responsible for such equipment shall:
(1) Notify the Department, by telephone or in person, of such failure
or breakdown within 1 hour of the occurrence, or as soon as is
reasonably possible, giving all pertinent facts including the
es ti ma ted* duration of the breakdown.
(2) With all practicable speed, initiate and complete appropriate
action to correct the conditions, and to reduce the frequency of
such occurrences.
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(3) Cease or discontinue operation of the equipment or facility
no later than 48 hours after the beginning of the breakdown or
upset period if the malfunction is not corrected within that
time. The Director may, for good cause shown, which shall
'include but not be limited to, equipment availability,
difficulty of repair or installation, and nature and amount of
the emission, authorize the extenstion of the operation period
beyond 48 hours under this subsection for a reasonable period
of time as determined by him to be necessary to correct the
malfunction or breakdown.
(4) In the event an Air Pollution Alert, Air Pollution Warning,
or Air Pollution Emergency is declared, or in the event the
nature or magnitude of emissions from malfunctioning equip-
ment is deemed by the Department to present an imminent and
substantial endangerment to health, immediately proceed to
cease or discontinue operation of the equipment or facility.
(5) Notify the Department when the condition causing the failure
or breakdown has been corrected, and upon request, submit a
written statement of the causes and the action taken to
prevent future similar upset or breakdown conditions.
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SUBDIVISION 2
GENERAL GASEOUS EMISSIONS
(50.2) SULFUR CONTENT OF FUELS
22-005 DEFINITIONS.
As used in these regulations, unless otherwise required by context:
(1) "ASTM" means the American Society for Testing and Materials.
(2) "Distillate Fuel Oil" means any oil meeting the specifications
of ASTM Grade 1 or Grade 2 fuel oils.
(3) "Residual Fuel Oil" means any oil meeting the specifications of
ASTM Grade 4, Grade 5 or Grade 6 fuel oils.
22-010 RESIDUAL FUEL OILS.
(1) After July 1, 1972, no person shall sell, distribute, use or
make available for use, any residual fuel oil containing more
than 2.5 percent sulfur by weight.
(2) After July 1, 1974, no person shall sell, distribute, use, or
make available for use, any residual fuel oil containing more
than 1.75 percent sulfur by weight.
22-015 DISTILLATE FUEL OILS.
After July 1, 1972, no person shall sell, distribute, use, or make
available for use, any distillate fuel oil containing more than the
following percentages of sulfur:
(1) ASTM Grade 1 fuel oil - 0.3 percent by weight.
(2) .ASTM Grade 2 fuel oil - 0.5 percent by weight.
22-020 COAL.
After July 1, 1972, no person shall sell, distribute, use, or make
available for use, any coal containing greater than 1.0 percent sulfur
by weight.
22-025 EXEMPTIONS.
Exempted from the requirements of Sections 22-010, 22-015 and 22-020 above
are:
(1) .Fuels used exclusively for the propulsion and auxiliary power
requirements of vessels, railroad locomotives and diesel motor
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vehicles.
(2) With prior approval of the Department of Environmental
Quality, fuels used in such a manner or control provided
such that sulfur dioxide emissions can be demonstrated to
be equal to or less,than those resulting from the combustion
of fuels complying with the limitations of Sections 22-010,
22-015, and 22-020.
(50.2) GENERAL EMISSION STANDARDS FOR SULFUR DIOXIDE.
22-050 DEFINITIONS.
As used in this regulation, unless otherwise required by context:
(1) "Fuel burning equipment" means equipment, other than internal
combustion engines, the principal purpose of which is to
produce heat or power by indirect heat transfer.
(2) "New source" means any air contaminant source installed,
constructed, or modified after January.1, 1972.
22-055 FUEL BURNING EQUIPMENT.
The following emission standards are applicable to new sources only:
(1) For fuel burning equipment having more than 150 billion BTU
per hour heat input, but not more than 250 million BTU per hour
heat input, no person shall cause, suffer, allow or permit the
emission into the atmosphere of sulfur dioxide in excess of: •
(a) 1.4 Ib. per million BTU heat input, maximum 2-hour average,
when liquid fuel is burned.
(b) l.G Ib. per million BTU heat input, maximum 2-hour average,
when solid fuel is burned. 'i
(2) For fuel burning equipment having more than 250 million BTU per
hour heat input, no person shall cause, suffer, allow or permit
the emission into the atmosphere of sulfur dioxide in excess of:
(a) 0.8 Ib. per million BTU heat input, maximum 2-hour average,
when liquid fuel is burned.
(b) 1.2 Ib. per million BTU heat input, maximum 2-hour average,
when solid fuel is burned.
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SUBDIVISION 3
(51.13) OPEN BURNING
23-005 DEFINITIONS.
As used in this section, unless the context requires otherwise:
(1) "Industrial waste" means liquid or solid waste resulting from
any process or activity of industry or manufacturing.
(2) "Forced-air pit incineration" means any method or device by
which burning of wastes is done in a sub-surface pit or above
ground enclosure with combustion air supplied under positive
draft and controlled in such a manner as to optimize combustion
efficiency and minimize the emission of air contaminants.
(3) "Land clearing debris" means waste generated in clearing any
site..
(4) "Open burning" means burning conducted in such a manner that
combustion air may not be effectively controlled and that
combustion products are not vented to the atmosphere through
a stack or chimney.
(5) "Special Control Areas" means those areas so designated in OAR
' 'Chapter 340, Section 21-010, subsections (2), (3), and (4),
including respectively: the Umpqua Basin, the Rogue Basin,
and within three (3) miles of cities having a population of
4000 or more.
(6) "Waste" means useless or discarded materials.
23-010 PROHIBITED PRACTICES.
(1) Open burning of the following wastes is prohibited:
(a) Industrial waste
(b) Any materials, including, but not limited to asphalt,
waste petroleum products, and rubber products, which
normally emit dense smoke, noxious odors, or creates a
public nuisance.
(2) Open burning of waste from commercial governmental establishments,
including solid waste disposal sites, is prohibited within the
boundaries of Special Control Areas.
(3) Open burning of land clearing debris, other than that otherwise
exempted by law, is prohibited after July 1, 1974, within the
boundaries of Special Control Areas.
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23-015 REGULATION OF AUTHORIZED OPEN BURNING.
(1) Open burning not specifically prohibited by this regulation
may bs subject to regulation by the Department and shall
be conducted within time periods and in accordance with
burning requirements designated by the Department.
(2) No open burning shall be conducted on any day when the Department
advisas fire permit issuing agencies to not issue permits
because of adverse meteorological or air quality conditions.
23-020 FORCED-AIR PIT INCINERATION.
(1) Forced-air pit incineration will be approved as an alternative to
open burning prohibited by this regulation, provided it is
demonstrated to the satisfaction of the Department that:
(a) No feasible or practicable alternative to forced-air pit
incineration exists;
(b) That installation is designed, installed and operated in
such a manner that visible emission standards set forth in
OAR Chapter 340, Section 21-015, are not exceeded.
(2) Authorization to establish a forced-air pit incineration facility
shall be granted only after a Notice of Construction and Applica-
tion for Approval is submitted pursuant to OAR Chapter 340,
Sections 20-020 to 20-030.
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SUBDIVISION 4
MOTOR VEHICLES
(12.0) VISIBLE EMISSIONS
(50.1.1) .
24-005 DEFINITIONS. .
As used in these regulations unless otherwise required by context:
(1) "Dealer" means any person who is engaged wholly or in part in
the business of buying, selling, or exchanging, either outright
or on conditional sale, bailment lease, chattel mortgage, or
otherwise, motor vehicles.
(2) "Department" means Department of Environmental Quality.
(3) "Motor Vehicle" means any self-propelled vehicle designed and
used for transporting persons or property on a public street
or highway.
(4) "Motor Vehicle Fleet Operation" means ownership, control, or
management or any combination thereof by any person of 5 or
more motor vehicles.
(5) "Opacity" means the degree to which transmitted light is obscured,
expressed in percent.
(6) "Person" means any individual, public or private corporation,
political subdivision, agency, board, department or bureau of
the state, municipality, partnership, association, firm, trust,
estate or any other legal entity whatsoever which is recognized
by law as the subject of rights and duties.
(7) "Regional Authority" means a regional air quality control authority
established under the provisions of ORS 449.760 to 449.840 and
449'.850 to 449.920.
(8) "Visible Emissions" means those gases or particulates, excluding
uncombined water, which separately or in combination are visible
upon release to the outdoor atmosphere.
24-010 VISIBLE EMISSIONS-GENERAL REQUIREMENTS, EXCLUSIONS.
(1) No person shall operate, drive, or cause or permit to be driven
or operated any motor vehicle upon a public street or highway
•which emits into the atmosphere any visible emission.
(2) Excluded from this section are those motor vehicles:
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(a) Powered by compression ignition or diesel cycle engines.
(b) Exclude by written order of the.Department by ORS 449.810.
24-015 VISIBLE EMISSION-SPECIAL REQUIREMENTS FOR EXCLUDED MOTOR
VEHICLES. .
No person shall operate, drive, or cause or permit to be driven or operated
upon a public street or highway, any motor vehicle excluded from Section
24-010 which:
(1) When operated at. an elevation of 3,000 feet or less, emits visible
emissions into the atmosphere;
(a) Of an opacity greater'than 40%.
(b) Of an opacity of 10% or greater for a period exceeding
7 consecutive seconds.
(2) When operated at an elevation of over 3,000 feet, emits visible
emissions into the atmosphere;
(a) Of an opacity greater than 60%.
(b) Of an opacity of 20% or greater for a period exceeding
7 consecutive seconds.
24-020 UNCOMBINF.D WATER-WATER VAPOR.
Where the presence of uncombined water is the only reason for failure of
an emission to meet the requirements of Section 24-010 or 24-015, such
sections shall not apply.
24-025 MOTOR VEHICLE FLEET OPERATION.
(1) The Department may, by written notice, require any motor vehicle
fleet operation to certify annually that its motor vehicles are
maintained in good working order, and if applicable, in
accordance with the motor vehicle manufacturers' specifications
and maintenance schedule as may or tend to affect visible emis-
sions. Records pertaining to observations, tests, maintenance
and repairs performed to control or reduce visible emissions
from individual motor vehicles shall be available for review and
inspection by the Department.
(2) The Department, by written notice, may require any motor vehicle
of a motor vehicle fleet operation to be tested for compliance
with Sections 24-010 and 24-015 of these regulations.
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(3) A regional authority, within its territory, may perform the
functions of the Department as set forth in Items 1 and 2,
upon'written directive of the Department permitting such
action.
20-030 DEALER COMPLIANCE.
No dealer 'Shall sell, exchange or lease or offer for sale, exchange or
lease, any motor vehicle which operates in violation of Sections 24-010
or 24-015 of these regulations, except as permitted by federal
regulations. ,
24-035 METHOD OF MEASUREMENT.
(1) The opacity observation for purposes of these regulations shall
be made by a person trained as an observer; provided, however,
that
(2) The Opacity Chart, marked "Exhibit A", with instructions for use,
attached hereto and by reference incorporated into these
regulations, may be used in measuring the opacity of emissions
for purposes of these regulations.
24-040 ADOPTION OF ALTERNATIVE METHODS OF MEASURING VISIBLE EMISSIONS.
'"• ' • "~ —-..,, — - — -— -— ..— .._ . — ., _ , , __ —_
(1) The Department may permit the use of alternative methods of
measurement to determine compliance with the visible emissions
standards in Sections 24-010 and 24-015 of these regulations,
when such alternative methods are deomonstrated to be re-
producible, selective, accurate and applicable to a specific
program.
(2) Any person desiring to utilize alternative methods of measurement
shall submit to the Department such specifications and test data
as the Department may require, together with a detailed specific
program for utilizing the alternative methods. The Department
shall require demonstration of the effectiveness and suitability
of 'the program.
(3) No person shall undertake a program using an alternative method
of measurement without having obtained prior written approval of
the Department.
24-045 (Repealed 2-15-72 by DEQ 37)
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SUBDIVISION 5
(51.21) SPECIFIC INDUSTRIAL STANDARDS
(51.20) CONSTRUCTION AND OPERATION OF WIGWAM WASTE BURNERS
25-005 DEFINITIONS.
As used in this regulation, unless required otherwise by context:
(1) "Continuous-flow conveying methods" means methods which
transport materials at uniform rates of flow, or at rates
generated by the production process.
(2) "Modified wigwam waste burner" means a device having the
general features of a wigwam waste burner, hut with improved
combustion air controls and other improvements installed in
accordance with design criteria approved by the Department.
(3) "Opacity" means the degree to which an emission reduces
transmission of light or obscures the view of an object in
the background.
(4) "Wigwam waste burner" means a burner which consists of single
combustion chamber, ahs the general features of a truncated
cone, and is used for incineration of wastes.
25-010 STATEMENT OF POLICY.
Recent technological and economic developments have enhanced the degree
to which wood'waste residues currently being disposed of in wigwam waste
burners may be utilized or otherwise disposed of in ways not damaging to
the environment. While recognizing that complete utilization of wood
wastes is not presently possible in all instances, consistent with the
economic and geographical conditions in Oregon, it is hereby declared to
be the policy of the Environmental Quality Commission to:
(1) Encourage the complete utilization of wood waste residues.
(2) Phase out, wherever reasonably practicable, all disposal of
wood waste residues by incineration.
(3) Require the modification of all wigwam waste burners to minimize
air contaminant emissions.
(4) Require effective monitoring and reporting of wigwam burner
operating conditions.
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25-015 AUTHORIZATION TO OPERATE A WIGWAM BURNER.
(1) Operation of wigwam waste burners other than modified wigwam
'waste burners is prohibited without approval of the Department
of Environmental Quality.
(2) Persons seeking authorization to modify a wigwam waste burner
or establish a new wigwam waste burner shall request
authorization by submitting a Notice of Construction and submitting
plans in accordance with OAR Chapter 340, 20-025 and 20-030.
(3) Authorization to establish a modified waste burner installation
shall not be approved unless it is demonstrated to the Department
that:
(a) Nc feasible alternative to incineration of wood waste
residues exists. In demonstrating this, the applicant shall
provide a statement of the relative technical and economic
feasibility of alternatives, including but not limited to:
utilization, off site disposal and incineration in a boiler
' or incinerator other than a wigwam waste burner.
(b) The modified wigwam waste burner facility is to be constructed
and operated in accordance with design criteria approved by
the Department, and the emission standards set forth in
Section 25-020 of this regulation.
(4) Authorization for establishment of a new modified wigwam waste
burner in conjunction with the establishment of a new industrial
facility or significant expansion or an existing facility shall
•not be granted without approval of the Department of Environ-
mental Quality.
25-020 EMISSION AND OPERATION STANDARDS FOR WIGWAM WASTE BURNERS.
(1) No person shall cause, suffer, allow or permit the emission of
air contaminants into the atmosphere from any wigwam waste burner
'for a-period or periods aggregating more than three (3) minutes
in any one hour which is equal to or greater than 20% opacity.
(2) Resultant emissions notwithstanding, no person shall use a
wigwam waste burner for the incineration of other than produc-
tion process wood wastes, Such wood waste shall be transported
to the burner by continuous flow conveying methods.
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25-025 MONITORING AND REPORTING. •
(1) A thermocouple and recording pyrometer or ther approved tempera-
ture measurement and recording devices shall be installed and
maintained on every modified wigwam waste burner.
(2) Exit gas temperatures shall be recorded continuously using the
installed pyrometer at all times when the burner is in operation.
(3) Records of temperature monitoring as prescribed above, in
accordance with OAR Chapter 340, Sections 20-035 and 20-040,
the Department may require installation of visible emissions
monitoring devices and subsequent reporting of data therefrom.
(51.21) REDUCTION OF ANIMAL MATTER_
25-055 CONTROL FACILITIES REQUIRED.
A person shall not operate or use any article, machine, equipment or
other contrivance for the reduction of animal matter unless all gases,
vapors, and gas-entrained effluents from such an article, machine,
equipment or other contrivance .are: .
(1) Incinerated at temperatures of not less than 1200 degrees
Fahrenheit for a period of not less than 0.3 seconds, or
(2) Processed in such a manner determined by the Sanitary
Authority to be equally, or more, effective for the purpose
of air pollution control than (1) above.
A person incinerating or processing gases, vapors or gas-entrained
effluents pursuant to this rule shall provide, properly install and main-
tain in calibration,'in good working order and in operation, devices
as specified by the Sanitary Authority, for indicating temperature,
pressure or other operating conditions.
For the purpose of this rule, "reduction" is defined as any heated process,
including rendering, cooking, drying, dehydrating, digesting, evaporating,
and protein concentrating.
The provisions of this rule shall not apply to any article, machine, equip-
ment or other contrivance used exclusively for the processing of food for
human consumption.
25-060 MONITORING OF REDUCTION FACILITIES.
(1) When requested by the Sanitary Authority for the purpose of
formulating plans in conjunction with industries who are or
may be sources of air pollution, and to investigate sources
of air pollution, monitoring data shall be submitted for plant
operational periods and shall include:
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(a) continuous or at least hourly influent and effluent
. temperature readings on the condenser,
(b) continuous or at least hourly temperature readings on
the after-burner,
(c) estimated weights of finished temperature readings in
pounds per hour,
(d) hours of operation per day, and
(e) a narrative description to accurately portray control
practices, including the housekeeping measures employed.
When requested by the plant manager any information relating to processing
or production shall be kept confidential by the Sanitary Authority and
shall not be disclosed or made available to competitors or their
representatives in the rendering industry.
25-065 HOUSEKEEPING OF PLANT AND PLANT AREA:
The plant facilities and premises are to be kept clean and free of
accumulated raw material, products, and waste materials. The methods
used for housekeeping shall include, but not be limited to:
(.1) A washdown at least once each working day, of equipment,
facilities and building interiors that come in contact with
raw or partially processed material, with stean1 or hot
water and detergent or equivalent additive.
(2) All solid wastes shall be stored in covered containers and
disposed of daily in an incinerator or fill, approved by the
Sanitary Authority; or by contract with a company or municipal
department providing such service.
(3) Disposal of liquid and liquid-borne waste in a manner approved
by the Sanitary Authority.
25-070 APPLICATION.
This rule shall apply in all areas of the State which are within city
limits or within two miles of the boundaries of incorporated cities.
25-075 EFFECTIVE DATE.
(1) These regulations shall be effective August 1, 1968.
(2) The Sanitary Authority will consider an extensions for the time
of compliance with these regulations up to March 1, 1969, for
planv.s who encounter special problems due to engineering or
technical design difficulties or delay in the preparation and
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receipt of engineering plans, upon written application being
submitted to the Sanitary Authority, prior to August 1, 1968,
requesting an extension of time and the reasons therefor.
25-080 EXISTING ADMINISTRATIVE AGENCY ORDERS:
(1) The provisions of Sections 25-005 through 25-020 and subsection
(1) of Section 25-025 are in addition thereto and do not
modify, amend, repeal, alter, postpone, or in any other manner
affect any specific existing agency orders directed against
specific parties or persons to abate air pollution.
(2) The provisions of subsection (2) of Section 25-025 shall not be
made applicable nor extend in any manner to any specific existing
agency orders directed against specific parties or persons to
abate air pollution.
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SUBDIVISION 6
(51.8) HOT MIX ASPHALT PLANTS.
25-105 DEFINITIONS.
As used in Sections 25-105 through 25-125, unless otherwise required by
context:
(1) "Hot mix asphalt plants" means those facilities and equipment
which convey proportioned quantities or batch load cold
aggregate to a drier, and heat, dry, screen, classify, measure
and mix the aggregate with asphalt for purposes of paving,
construction, industrial, residential or commercial use.
(2) "Collection efficiency" means the overall performance of the
air cleaning device in terms of ratio of material collected
to total input to the collector unless specific size fractions
of the contaminant are stated or required.
(3) "Process weight by hour" means the total weight of all materials
introduced into any specific process which process may cause
any discharge into the atmosphere. Solid fuels charged will be
considered as part of the process weight, but liquid and gaseous
fuels and combustion air will not. "The Process Weight Per Hour'
will be derived by dividing the total process weight by the
number of hours in one complete operation from the beginning of
any given process to the completion thereof, excluding any time
during which the equipment is idle.
(4) "Dusts" means minute solid particles released into the air by
natural forces or by mechanical processes such as crushing,
grinding, milling, drilling, demolishing, shoveling, conveying,
•covering, bagging, or sweeping.
(5) "Portable hot mix asphalt plants" means those hot mix asphalt
plants which are designed to be dismantled and are transported
'from one job site to another job site.
(6) "Darticulate Matter" means any matter except uncombined water,
which exists as a liquid or solid at standard conditions.
(7) "Special Control Areas" means for the purpose of this regulation
any location within:
(a) Multnomah, Clackamas, Columbia, Washington, Yamhill, Polk,
Benton, Marion, Linn and Lane Counties.
(b) The Umpqua Basin as defined in section 21-010, (2).
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(c) The Rogue Basin as defined in section 21-010, (3).
(d) Any incorporated city or within six (6) miles of the
city limits of said incorporated city.
(e) Any area of the State within one (1) mile of any struc-,
ture or building used for residence.
(f) Any area of the State within two.(2) miles straight
line distance of air miles of any paved public road,
highway or freeway having a total of two (2) or more
traffic lanes.
25-110 CONTROL FACILITIES REQUIRED.
(1) No person shall operate any hot mix asphalt plant, either
portable or stationary, located within any area of the state
outside special control areas, unless all dusts and gaseous
effluents;generated by the plant are subjected to air
cleaning device or devices having a particulate collection
efficiency of at least 80% by weight.
(2) No person shall operate any hot-mix asphalt plant, either
portable or stationary, located within any special control
area of the state^ without installing and operating systems
or processes for the control of particulate emissions so as
to comply with the emission limits established by the process
weight table, Table I, attached herewith and by reference made
a part of this rule and the emission limitations in section
21-015, subsections (2) and (3) and section 21-030 of
Chapter 340, OAR.
25-115 OTHER ESTABLISHED AIR QUALITY.J.IMITATIONS:
The emission limits established under these sections are in addition to
visible emission and other ambient air standards, established or to be
established by the Environmental Quality Commission unless otherwise
provided by rule or regulation.
25-120 PORTABLE HOT MIX ASPHALT PLANTS.
(1) Portable not mix asphalt plants temporarily located outside of
special control areas and complying with the emission limitations
of 25-110 (1) need not comply with Sections 21-015 and 21-030 of
Chapter 340, OAR provided however that the particulate matter
emitted does not create or tend to create a hazard to human,
animal or plant life, or unreasonably interfere with agricultural
operations, recreation areas, or trve -enjoyment of life and
property.
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(2) Portable hot mix asphalt plants may apply for air contaminant
•discharge permits within the area of Department jurisdiction
without indicating, specific site locations. Said permits
will be issued for periods not to exceed one (1) calendar
year. As a condition of said permit, the permittee will be
required to obtain approval for the Department for the air
pollution controls to be installed at each site location or
set-up at least ten (10) days prior to operating at each site
location or set-up.
25-125 ANCILLARY SOURCES OF EMISSION - HOUSEKEEPING OF PLANT AND
FACILITIES? - ^
(1) Ancillary air contamination sources from the plant and its
facilities which emit air contaminants into the atmosphere
'such as, but not limited to the drier openings, screening and
classifying system, hot rock elevator, bins, hoppers and pug
mill mixer, shall be controlled at all times so as to
maintain the highest possible level of air quality and the
lowest possible discharge of air contaminants.
(2) The handling of aggregate and traffic shall be conducted at
all times so as to minimize emissions into the atmosphere.
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TABLE I
_PRQCESS WEIGHT
TABLE
Process Maximum Weight Process Maximum Weight
't/hr (1 bsj ' Slsch/hrJlbsl. • . V!t/hr (Ibsl • D
en ,24 • 3400 5.44
100 " -46 - 3500 • 552
qn 66 ' 3600 5-61
00 85 3700 5,69.
250 • 1.03. .3800 5 77
onn 1 20 3900 . 5.85
350 35 4000 593
400 1-50 4100 • 6.01
1.63 ' 4200 o.08
1 77 ' 4300 6.15
55 1 89 - 4400 - 6.22
600 2.01 4500 630
fiSO 2 12 4600 6.37
1QQ 2?4 - 4700 6.45
2 34 4800 - 6.52
2 43 4900 6.60
2 53 5000 6.67
90 . 262. 5500 , 703
950 2,. 72 6000 7.37
1°M 2"80 fnnn 80
1100 2'97 7?on t'39
i?r,n 3 12 7500 °-^y
3nS •- 326 8000 8.71
UOO 3'40 >• 8500 . 9.03
500 354 9000, 9.36
fino '-3 66 9500' ' 9.67
7oS 379 10000 10.0
pm 391 11000 10-63
gSS 403 12000 ' 11.28
?nOO • 414 13000 11.89
2]QQ 424 14000 12.50
22QQ 4 34 15000 13.13
2300 444 16000 13.74
4-55 17000 14-36
' * 64 18000 14-97
4 74 19000 15.58
' 484 20000 16.19
492 30000 22.22
5 02 40000 28.3
5 10 50000 34.3
5:i8 60000 40.0
3200 • 5.27 or
3300 5.36 more
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(51.14) . KRAFT PULP MILLS
25-155 DEFINITIONS.
As used in these regulations, unless otherwise required by contexc:
(1) "Conti-nual Monitoring" means sampling and analysis, in a continuous
or timed sequence, using techniques which will adequately reflect
actual emission levels or concentrations on a continuous basis.
(2) "Emission" means a release into the outdoor atmosphere of air
contaminants.
(3) "Kraft Mill or Mill" means any industrial operation which uses,
for a cooking liquor, an alkaline sulfide solution containing
sodium hydroxide and sodium sulfide in its pulping process.
(4) "Particu'iate Matter" means a small discrete mass of solid or
liquid matter, but not including uncombined water.
(5) "Parts Per Million, ppm," means parts of a contaminant per million
parts of gas by volume (1 ppm equals 0.0001 percent by volume).
(6) "Recovery Furnace Stack" means the stack from which the products
of combustion are emitted to the ambient air from the recovery
furnace.
(7) "Other Sources" means sources of odorous sulfur emissions in a
kraft mill, including but not limited to,, vents from lime kilns,
knotters, brown stock pulp washers, multiple-effect evaporators,
dis'gesters, blow tanks, smelt tanks, blow heat accumulators,
black liquor storage tanks, black liquor oxidation systems, tall
oil recovery operations, and any operation connected with the
treatment of condensate liquids within the mill or any vent which
is shown to be a significant contribution of ordorous gases.
(8). "Total Reduced Sulfur (TRS)" means hydrogen sulfide, mercaptans.,
'dimethyl sulfide, dimethyl disulfide, and any other organic sul-
fides present.
(9) "Non-consensibles'; means gases and vapors from the digestion and
evaporation processes of a mill that are not condensed with the
equipment used in said processes.
25-160 STATEMENT OF POLICY.
Recent technological developments have enhanced the degree of malodorous
emission control'possible for the kraft pulping process. While recognizing
that complete malodorous and particulate emission control is not presently
possible, consistent with the meterological and geographical conditions in
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Oregon, it Is hereby declared to be the policy of the Oregon State
Sanitary.Authority to: •
(1) Require, -in accordance with a specific program and time table
for each operating mill, the highest and best practicable
. . treatment and control of atmospheric emissions from kraft
- mills through the utilization of technically feasible equipment,
devices and procedures. .
(2) Require effective monitoring and reporting of emissions and
reporting of other data pertinent to air quality or emissions.
The Oregon State Sanitary Authority will use this data in
conjunction with ambient air data and observation of conditions
in the surrounding area to develop and revise emission and ambient
air standards, and to determine compliance therewith.
(3) Encourage and assist the kraft pulping industry to conduct a
research and technological development program designed to
progressively reduce kraft mill emissions, in accordance with
a definite program, including specified objectives and time
schedules..
(4) Establish standards deemed to be technically feasible and
reasonably attainable, with the intent of revising the 'stand-
ards as new information and better technology are develcped.
25-165 HIGHEST AND BEST_PRACTICABLE TREATMENT AND CONTROL^REQUIRED,.
Notwithstanding the specific emission limits set forth in Section 25-170
of these regulations, in order to maintain the lowest possible emission of
air contaminants, the highest and best practicable treatment and control
currently available shall in every case be provided. .
25-170 'EMISSION LIMITATIONS.
The following emission limits, are based upon average dai1,;/ emissions.
(1) Emission of TRS.
(a) The emission of TRS from a recovery furnace stack shall not
exceed 2 pounds of sulfur per ton of equivalent air-dried
kra.ft pulp or 70 ppm expressed as H2S on a dry gas basis,
which ever,is the-: more restrictive.
(b) No later "than July 1, 1975, the emission of TRS from the
recovery furnace stack shall not exceed 0.5 bound of sulfur
per ton of equivalent air-dried kraft pulp or 17.5 ppm, •
expressed as H2S on a dry gas basi.5, which ever is the more'
restrictive, or such other limit nf.T.RS that proves to be-
reasonably attainable utilizing the latest in design of
recovery furnace equipment, control and procedures.'
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(c) No later than July 1, 1972, the emission of non-condensibles
from digesters and multiple effect evaporators shall be
treated to reduce the emission of TRS equal to the
reduction achieved by thermal oxidation in a lime kiln.
(2) Emission of Particulate Matter.
(a) No later than July 1, 1975, the emissions of particulate
matter from the recovery furnace stack shall not exceed
4 pounds per ton of equivalent air-dried kraft pulp.
(b) No 'later than July 1, 1975, the emission of particulate
matter from lime kilns shall not exceed 1 pound per ton
of equivalent air-dried kraft pulp.
(c) No later than July 1, 1972, the emission of particulate
matter from the smelt tank shall not exceed 1/2 pound per
ton equivalent air-dried kraft pulp.
(3) Compliance Schedules. Within 180 days of the effective date of
these regulations, each mill shall submit to the Oregon State
Sanitary Authority a proposed schedule, including means, methods
and a detailed time table, for complying with the emission limits
of these regulations. After receipt of said proposed schedule,
the Oregon State Sanitary Authority, will establish, in coopera-
tion with mill•representatives, an approved compliance schedule
for each mill within the time limitations established by these
regulations.
(4) Public Hearing. A public hearing shall be held by the Oregon
State Sanitary Authority not later than July, 1973 to review
current, technology and the adequacy of the emission limits
established by these regulations and to adopt any revisions
th'at may be necessary.
25-175 MORE RESTRICTIVE EMISSION LIMITS.
The Sanitary Authority may establish more restrictive emission limits and
compliance schedules for mills located in recognized problem areas, for
new mills or for established mills desiring to expand or alter existing
facilities if the expansion or alteration will significantly affect
emissions.
25-180 PLANS AND SPEC.IUCATIONS .
Prior to the construction of new kraft mills, or expansion of production or
modification of_ facilities significantly affecting emissions at existing
kraft mills, complete and detailed engineering plans and specifications for
air pollution control devices and facilities and such other data as may be
required to evaluate projected emissions and potential effects on air quality
shall be submitted to the Oregon State Sanitary Authority for approval.
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25-185 MONITORING AND REPORTING.
.' (1) Each mill shall develop and submit a detailed monitoring
program, and order and install sampling and monitoring
equipment within the following time schedule:
(a) Within 60 days after the effective date "of these
regulations, each mill shall submit a detailed
monitoring program for approval by the Oregon State
Sanitary Authority.
(b) Within 30 days after the monitoring program has been
approved in writing by the Oregon State Sanitary
Authority, sampling and monitoring equipment shall be
ordered.
(c) Within 90 days after delivery of the equipment, each
mill shall place said equipment in effective operation
in accordance with its approved monitoring program,
(2) Each mill shall install equipment for the continual monitoring
of TRS in accordance with the following:
(a) The monitoring equipment shall be capable of determining
compliance with the emission limits established by these
regulations, and shall be capable of continual sampling and
recording of concentrations of TRS contaminants during a
time interval not greater than 30 minutes.
(b) The sources monitored shall include, but ar-e not limited to,.
the recovery furnace stacks and the lime kiln stacks.
(3) Each mill shall sample the recovery furnace, lime kiln and
smelt tank for particulate emissions on a tegularly scheduled
basis in accordance with its approved monitoring program.
(4) Unless otherwise authorized by the Oregon State Sanitary Authority,
data shall be reported by each mill at the end of each calendar
month as follows:
(a) Daily average emission of TRS gases expressed in parts per
million of H2S on a dry gas b^sis for each source included
in.the approved monitoring program.
(b) The number of hours each day the TRS gases from the recovery
furnace stack exceed 70 ppm and maximum concentration
measured each day.
(c) Emission of TRS gases in pounds of sulfur per equivalent
air-dried ton of pulp processed in the kraft cycle on a
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monthly basis for each source included in the approved
monitoring program.
(d) Emission of particulates in pounds per equivalent air-dried
ton of pulp produced in the kraft cycle based upon the
sampling conducted in accordance with the approved
tnonitoring program.
(e) Average daily equivalent kraft pulp production in
air-dried tons.
(f) Other emission data as specified in the approved monitoring
program.
(5) Each kraft mill shall furnish, upon request of the Oregon State
Sanitary Authority, such other pertinent data as the Authority
may require to evaluate the mill's emission control program.
Each mill shall immediately report abnormal mill operations
which result in increased emissions of air contaminants.
25-190 SPECIAL STUDIES.
Special studies, having prior approval of the Oregon State Sanitary
Authority, shall be conducted at each mill, and the results submitted
to the Oregon State Sanitary Authority by July 1971. The studies shall
cover the following a>"eas:
i
(1) Evaluation of the emissions of TRS from all other sources
within the mill.
(2) Evaluation of the emissions of sulfur dioxide from all sources
within the mill, including but not necessarily limited to,
recovery furnaces, lime kilns and power boilers.
25-195 OTHER ESTABLISHED AIR QUALITY LIMITATIONS.
The emission limits established by these regulations are;in addition to
visible emissions and other ambient air standards, established or to be
established by the Sanitary Authority unless otherwise provided by
rule or regulation.
(51.17) PRIMARY ALUMINUM PLANTS
25-255 STATEMENT OF PURPOSE.
In furtherance of the public policy of the state as set forth in ORS 449.765,
it is hereby declared to be the purpose of the Commission in adopting the
following Regulations to:
(1) Require, in accordance with a specific program and time table for
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each operating primary aluminum plant the highest and best
practicable collection, treatment and control of
atmospheric pollutants emitted from primary aluminum plants
through the utilization of technically feasible equipment,"
devices and procedures necessary to attain and maintain desired
air .quality. . . '
(2) Require effective monitoring and reporting of emissions, ambient
air levels of fluorides, fluoride content of forage and other
pertinent data. The Department will use these data, in con-
junction with observation of conditions in the surrounding areas,
to develop emission and ambient air standards and to determine
compliance therewith.
(3) Encourage and assist the aluminum industry to conduct a research
and technological development program designed to reduce emissions,
in accordance with a definite program,' including specified
objectives and time schedules. .
. (4) Establish standards which based upon presently available tech-
nology, are reasonably attainable with the intent of revising
the standards as needed when new information and better
technology are developed.
25-260 DEFINITIONS.
(1) "All Sources" means sources including, but not limited to, the
reduction process, alumina plant, anode plant, anode baking plant,
cast house, and collection, treatment and recovery systems.
(2) "Ambient Air" means .tha air that surrounds the earth, excluding
the general volume of gases contained within any building or
structure.
(3) "Anoding Baking Plant" means the hearing and sintering of pressed
anode blocks in oven-Tike devices, including the loading and un-
loading of the oven-like devices.
(4) "Anode Plant" means all operations directly associated with the
preparation of anode carbon except the ancde baking operation.
(5) "Commission" means Environmental Quality Commission.
(6) "Cured Forage" means hay, straw, ensilage that is consumed or
is intended to be consumed by livestock.
(7) "Department" means Department of Environmental Quality.
(8) "Emission" means a release into the outcoor atmosphere of air
contaminants.
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(9) "Emission Standard" means the limitation on the release of a
contaminant or multiple contaminants to the ambient air.
(10) "Fluorides" means matter containing fluoride ion.
(11) "Forage" means grasses, pasture and other vegetation that is
consumed or is intended to be consumed'by livestock.
(12) "Part'iculate Matter" means a small, discrete mass of solid or
liquid matter, but not including uncombined water.
(13) "Primary Aluminum Plant" means those plants which will or do
operate for the purpose of or related to producing aluminum metal
from aluminum oxide (alumina).
(14) "Pot Line Primary Emission Control Systems" means the system
which collects and removes contaminants prior to the emission
point. If there is more than one such system, the primary
system is that system which is most directly related to the
aluminum reduction cell.
(15) "Regularly Scheduled Monitoring" means sampling and analyses in
compliance with a program and schedule approved pursuant to
Section 25-275.
(16) "Standard Dry Cubic Foot of Gas" means that amount of gas which
would occupy a cube having dimensions of one foot on each side,
if the gas were free of water vapor at a pressure of 14.7
P.S.I.A. and a temperature of 60 F.
25-265 EMISSION STANDARD.
(1) Visible emissions from all sources shall not exceed twenty (20)
percent opacity (Ringelmann 1).
(2) Each primary aluminum plant shall proceed promptly with a program
to comply with this regulation. A proposed schedule of com-
pliance shall be submitted by each plant to the Commission not
later than one hundred and eighty (180) days after the effective
date of this regulation. After receipt of the proposed schedule,
the State shall establish a schedule of compliance for each plant.
Such schedule shall include the date by which full compliance must
be achieved but, in no case, shall full compliance be later than
•January 1, 1975.
25-270 HTGMEST AND BEST PRACTICABLE TREATMENT AND CONTROL REQUIREMENT.
Notwithstanding the specific emission limits set forti. in Section 25-255
of these regulations, in order to maintain the lowest possible emission of
air contaminants, the highest and best practicable treatment and control
currently available shall in every case be provided.
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25-275 MONITORING.
(1) Each primary aluminum plant shall submit, within sixty (60)
days after an effective date of this regulation, a detailed
.monitoring program; The proposed program shall be subject to
the revision and approval bythe Commission. The program
shall include regularly scheduled monitoring for emissions of
gaseous and particulate fluorides and total particulates. A
schedule for measurement of fluoride levels in forage and
ambient air shall be submitted.
(2) Necessary sampling'and analysis equipment shall be ordered
or otherwise provided for within thirty (30) days after the
monitoring program has been approved in writing by the
Commission. The equipment shall be placed in effective
operation in accordance with the approved program within
ninety (90) days after delivery.
20-280 REPORTING.,
(1) Unless otherwise authorized in writing by the Commission,'data
shall be reported by each primary aluminum plant within .thirty
(30) days of the end of each calendar month for each source
and station included in the approved monitoring program as
follows: .
(a) Ambient air: Twelve-hour concentrations of gaseous
1 fluoride in ambient air expressed in micrograms per
cubic meter of air.
(b) Forage: Concentrations of fluoride in forage expressed
in ppm of fluoride on a dried weight basis.
(c) Particulate emissions: Results of all emission sampling
conducted during the month for particulates, expressed in
grains per standard dry cubic foot, in pounds per day, and
in pounds per ton of aluminum produced. The method of
calculating pounds per ton shall be as specified in the
.approved monitoring programs. Particulate data shall be
reported as total particulates and percentage of fluoride
. ion contained therein.
(d) Gaseous emissions: Results of all sampling conducted
during the month for gaseous fluorides. All results
shall be expressed as hydrogen fluoride in micrograms
per cubic meter- on a volume basis and pounds per day of
hydrogen fluoride.
(e) Other emission and ambient air data as specified in the
approved monitoring program.
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(f) Changes in collection efficiency of any portion of the
collection or control system that resulted from equip-
ment or process changes.
(2) Each primary aluminum plant shall furnish, upon request of the
Commission, such other data as the Commission may require to1
' evaluate the plant's emission control program. Each primary
aluminum plant shall immediately report abnormal plant opera-
tions which result in increased emission of air contaminants.
(3) Prior to construction, installation or establishment of a
primary aluminum plant, a notice of construction shall be
submitted to the Commission. Addition to, or enlargement or
replacement of, a primary aluminum plant or any major altera-
tion therein shall be construed as construction, installation
or establishment.
25-285 SPECIAL STUDIES.
(1) Special studies, covering the areas in subparagraphs (a),
(b) and (c) of this subsection shall be conducted at each
primary aluminum plant.
(a) Emissions of particulates from all sources within the plant,
including size distribution and physical and chemical
characteristics where feasible, and a separation of fluoride
and nonfluoride participate.
(b) P"!ume opacity from all sources within the plant, including
•its relationship to grain loading, participate charac-
teristics, particule emissions in pounds per ton of
production and stack characteristics.
(c!) Emissions of sulfur dioxide, hydrocarbons, carbon monoxide,
chlorine and chlorides, oxides of nitrogen, ozone, water
vapor, and flourides from all sources.
(2) Each primary aluminum plant shall submit a program for conducting
the aforesaid special studies to the Commission for approval
within sixty (60) days after- the effective date of this regulation.
(3) The results of the special studies shall be submitted to the
Commission not later than eighteen (18) months after approval of
the special studies program.
25-290 REVISION OF EMISSION STANDARDS.
(1) A public hearing may be called on or before ninety (90) days
after submission of the results of the special studies to
evaluate the special studies, current technology and adequacy
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of these regulations and to make revisions to the regulations
as necessary.
(2) The Commission may, after.public hearing, establish more
restrictive regulations for new primary aluminum plants or for
plants that expand existing facilities. Data documenting
projected emissions and changes in or effects upon air quality
that would result from the construction or expansion, must be
submitted to the Commission, together with plans and specifica-
tions, in accordance with Section 25-280(3),
(51.3) BOARD PRODUCTS INDUSTRIES .(Veneer, Plywood, Particleboard, Hardboard)_.
25-305 DEFINITIONS.
(1) "Department" means Department of Environmental 'Quality.
(2) "Emission" means a release into the outdoor atmosphere of
air contaminants.
(3) "Hard.board" means a flat panel made from wood that has been
reduced to basic wood fibers and bonded by adhesive properties
under pressure.
(4) "Operations" includes plant, mill or facility.
(5) "Particleboard" means mat formed flat panels consisting of
wood particles bonded together with synthetic resin or other
suitable binder.
(6) "Person" means the same as ORS 449.760 (1).
(7) "Plywood" means a flat panel build generally of an odd number of
thin sheets of veneers of wood in which the grain direction of
. •• . each ply or layer is at right angles to the one adjacent to it.
(8) "Tempering oven" means any facility used to bake hardboard.
following an oil treatment process.
(9) "Veneer" means a single flat panel of wooc1 not exceeding 1/4
inch in thickness formed by slicing or peeling from a log.
25-310 GENERAL PROVISIONS.
(1) These regulations establish minumum performance and emission
standards for veneer, plywood, particleboard and hardboard
manufacturing operations.
(2). Emission limitations established herein are in addition to,
and not in lieu of, general emission standards for visible
emissions, fuel burning equipment, and refuse.burning equipment.
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(3) Emission limitations established herein and stated in terms
of pounds per 1000 square feet of production shall be computed
on an hourly basis using the maximum 8 hour production
capacity of the plant.
(4) Upon adoption of these regulations, each affected veneer, plywood,
particleboard', and hardboard plant shall proceed with a pro-
gressive and timely program of air pollution control, applying
the highest and best practicable treatment and control currently
available. Each plant shall at the request of the Deparment
submit periodic reports in such form and frequency as directed
to demonstrate the progress being made toward full compliance
with these regulations.
25-315 VENEER AND PLYWOOD MANUFACTURING OPERATIONS.
(1) Veneer Driers.
(a) No person shall cause to be emitted from any veneer drier,
visible air contaminants of an opacity equal to or greater
than 20% for a period or periods aggregating more than 3
minutes in any one hour. Where the presence of uncombined
water is the only reason for failure of an emission to
meet this requirement, said requirement shall not apply.
(b) No person shall cause to be emitted from any veneer drier
constructed or installed after March 1, 1972, visible air
contaminants of an opacity exceeding 10% for a period or
periods aggregating more than 3 minutes in any nne hour.
Where the presence of uncombined water is the only reason
for failure of an emission to meet this requirement, said
requirement shall not apply.
(c) No person shall attempt to comply with the requirements of
(1) (a) or (1) (b) of this subsection by dilution with out-
side air or by otherwise increasing the exhaust gas volume
above that generally occurring under normal operating
conditions.
(d) No later than September 30, 1972, every person operating
a veneer drier shall submit to the Department of Environ-
mental Quality, a specific proposal for complying with this
subs-ection, and by no later than March 30, 1973, a specific
detailed schedule-of compliance. The schedule shall
provide for compliance with the applicable provisions at
the earliest practicable date, consistent with local air
quality conditions and the difficulty and complexity of
compliance, and shall employ the highest and best prac-
ticable treatment and control. In no case shall final
compliance be achieved by later than December 31, 1974.
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. (2) Other Emission Sources.
(a) No person shall cause to be emitted particulate matter
from veneer and plywood mill sources, including but.not
limited to, sanding.machines, saws, presses,, barkers,
hogs, chippers, and other material, size re'duction equip-
ment, process or space ventilation systems, and truck .
loading and unloading facilities in excess of a total
from all -sources within the plant site of one (1.0)
pound -per 1000 square feet of plywood or veneer produc-
tion on a 3/8 inch basis of finished product equivalent.
(b) Excepted from subsection (a) are veneer dryers, fuel
burning equipment and refuse burning equipment.
(c) Compliance Schedule. No later than September 5, 1971,
every person operating a plywood or veneer manufacturing
plant shall submit to the Department of Environmental
Quality a proposed schedule for compliance with this section.
The schedule shall provide for compliance with the ap-
plicable provisions at the earliest practicable date, but
in no case.shall final compliance be achieved by later than
December 31, 1973. • ' . ' :
(3) Open Burning. Upon the effective date of these regulations,
no person shall cause or permit the open burning of wood
residues or other refuse in conjunction with the operation of
any veneer or plywood manufacturing mill and such acts' are
hereby prohibited.
Hist: Amended 2-15-72 by DEQ 37
25-320 PARTICLEBOARD MANUFACTURING OPERATIONS.
(1) Truck Dump a-id Storage Areas
(a'1 Every person operating or intendi ig to operate, a particle-
board manufacturing plant shall cause all truck dump and
storage areas holding cr intended to held raw materials to
be enclosed to prevent windblown particle emissions from
these areas from being deposited upon property not under
the ownership of said person.
(b) The temporary storage of raw materials outside the regularly
used areas of the plant site is prohibited unless the person
who desires to temporarily store such raw materials first .
notifies the Department of Environmental Quality and receives
written approval for said storage.
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(A) When authorized by the Department of Environmental
Quality, temporary storage areas shall be operated
to prevent windblown particulate emissions from being
deposited upon property not under the ownership of
the person storing the raw materials.
i
(B) Any temporary storage areas authorized by the Depart-
ment shall not be operated in excess of six (6)
months from the date they are first authorized.
(c) Any person who proposes to control windblown particulate
emissions from truck dump and storage areas other than
by enclosure shall apply to the Department for
authorization to utilize alternative controls. The
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25-325 HARDBOARD. MANUFACTURING OPERATIONS.
(1) Truck Dump and Storage Areas. . .
(a) Every person operating or intending to operate a hardboard
manufacturing plant shall cause all truck dump and storage
areas holding or intended to hold raw materials to be
enclosed to prevent windblown particle emissions from these
areas from being deposited upon property not under the
ownership of said person.
(b) The temporary storage of raw materials outside the regularly
used areas of the plant site is prohibited unless the person
who desires to temporarily store such raw materials first
notifies the Department of Environmental Quality and receives
written approval.
(A) When authorized by the Department of Environmental
Quality, temporary storage areas shall be operated to
prevent windblown particle emissions from being
deposited upon property not under the ownership of
the person storing the raw materials.
(B) Any temporary storage areas authorized by the Depart-
ment shall not be operated in excess of six (6)
months from the date they are first authorized,
(c) Alternative Means of Control. Any person who desires to
control windblown particulate emissions from truck dump
and storage areas other than by enclosure shall first
apply to the Department for authorization to utilize
alternative controls. The application shall be submitted
pursuant to Section 20-020 to 20-030, Chapter 340, OAR,
and shall describe in detail the plan proposed'to control
windblown particulate emissions and indicate on a plot plan
the nearest location of property not under ownership of the
applicant.
(2) Other Emission Sources.
(a) No person shall cause to be emitted paruiculate matter from
hardboard plant sources including, but not limited to hogs,
chippers and other material size reduction.-equipment,
process or space ventilation systems, particle dryers,
classifiers, presses, sanding machines, and materials
handling systems, in excess of a total ffom all sources
within the plant site of one (1.0) pound per 1000 square
feet of hardboard produced on a 'i/8 inch b&sis of finished
product equivalent..
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(b) Excepted from subsection (a) are truck dump and storage
areas, fuel burning equipment and refuse burning equip-
ment.
(3) Emissions from Hardboard Tempering Ovens.
(a) No person shall operate any hardboard tempering oven unless
all gases and vapors emitted from said oven are treated in
a fume incinerator capable of raising the temperature of
said gases and vapors to at least 1500 F for 0.3 seconds
or longer.
(b) Specific operating temperatures lower than 1500° F may
be approved by the Department upon application, provided
that information is supplied to show that operation of
said temperatures provides sufficient treatment to prevent
odors from being perceived on property not under the owner-
ship of the person operating the hardboard plant.
(c) In no case shall fume incinerators installed pursuant to
this section be operated at temperatures less than 1000 F.
(d) Any person who proposes to control emissions from hard-
board tempering ovens by means other than fume incineration
shall apply to the Department for authorization to utilize
alternative controls. The application shall be submitted
pursuant to Section 20-020 to 20-030, Chapter 340 OAR, and
shall describe in detail the plan proposed to control
odorous emissions and indicate on a plot plan the location
of the nearest property not under ownership of the applicant.
(4) Compliance Schedule. Mo later than September 5, 1971, every
person operating a hardboard manufacturing plant shall submit
to the Department of Environmental Quality a proposed schedule
for complying with Sections (1), (2), and (3) of this regulation.
The schedule shall provide for compliance with the applicable-
provisions at the earliest practicable date, but in no case
shall,final compliance be achieved by later than December 31, 1973.
(5) Open Burning. Upon the effective date of these regulations, no
person shall cause or permit the open burning of wood residues
or other refuse in conjunction with the operation of any hard-
board manufacturing plant and any such ;Kts are hereby prohibited.
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51.14) . REGULATIONS FOR SULFITE PULP MILLS
25-350 DEFINITIONS. . . "
(1) "Acid Plant" means the facility in which the cooking liquor is
either manufactured or fortified when not associated with a
recovery furnace.
(2) "Average Daily Emission" means total 'weight of sulfur oxides
emitted ir each month. divided by the number of days of produc-
tion tnat month.
(3) "Average Daily Production" means air dry tons of unbleacned
pulp produced in a month, divided by the number of days of
production in that month.
(4.) "Blow System" includes the storage chest, tank or pit to which
the digester pulp is discharged following the cook.
(5) "Continual Monitoring" means sampling and analysis in a continuous
or timed sequence, using techniques which will adequately reflect
actual emission levels, ambient air levels, or concentrations on
a continuous basis.
(6) "Department" means the Department of Environmental Quality.
(7) "Other Sources" means sources of sulfur oxide emissions including
but not limited to washers, washer filtrate tanks, digester
dilution tanks, knotters, multiple effect evaporators, storage
tanks, any operation connected with the handling of condensate
liquids or storage of condensate liquids, and any vent -or
stack .which may be a significant contributor of sulfur oxide
gases other than those mentioned in emission standard limitations
(Section 2C.-360).
(8) "Particulate Matter" means a small discrete mass of solid matter,
including the solids dissolved or suspended ir, liquid droplets
but not including uncombined water.
(9) "Recovery System" ir.aans the process by which all or part of the
cooking chemicals may be recovered: and cooking liquor re-
generated from spent cooking liquor, including evaporation,
combustion, dissolving, fortification, and storage facilities
generated from spent cooking liquor, i
combustion, dissolving, fortification,
associated v^ith the recovery cycle.
(10) "'Sulfite Mill" or "Kill" means a pulp-nr'll producing cellulose
pulp using a cooking liquor consisting of sulfurous acid and/or
a bisulfite salt. ' .
(11) "Sulfur Oxides" Sulfur dioxide, sulfur trioxide and other
sulfur oxides.
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(12) "Total Reduced Sulfur (TRS)" means Hydrogen sulfide, mercaptans,
dimethyl sulfide, dimethyl disulfide and other organic sulfides
present.
25-3b5 STATEMENT OF PURPOSE.
It is the policy of the Commission:
(1) To require, in accordance with a specific program and timetable
for each operating mill, the highest and best practicable treat-
ment and control of emissions from sulfite mills through the
utilization of technically feasible equipment, devices and
procedures;
(2) To require the evaluation of improved and effective measuring
techniques for sulfur oxides, total reduced sulfur, particulates
and other emissions from sulfite mills;
(3) To require effective measuring and reporting of emissions and
reporting of other data pertinent to emissions. The Department
will use these data in conjunction with ambient air data and
observation of conditions in the surrounding area to develop
and revise emission standards and air quality standards, and
to determine compliance therewith;
(4) To encourage and assist the sulfite pulping industry to conduct
a research and technological development program designed to
progressively reduce sulfite mill emissions, in accordance
with a definite program with specific objectives',
(5) To establish standards deemed to be technically feasible,
and necessary for the attaining of satisfactory air quality
with the intent of revising the standards as new information
and better technology are developed.
25-360 MINIMUM EMISSION STANDARDS.
(1) Notwithstanding the specific emission limits set forth in this
section, the Department of Environmental Quality may, after notice
and hearing, establish more restrictive emission limits and
compliance schedules for mills located in recognized problem
areas, for new mills, for mills expanding existing facilities,
for mills installing substantial modifications of existing
facilities which result in increased emissions; or for mills in
areas where it is shown ambient a~;r standards are exceeded.
(2) The total average daily emissions from a suifite pulp mill shall
not exceed 20 pounds of sulfur dioxide par ton of air dried
unbleached pulp produced and in addition:
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(a) the blow system emissions shall not exceed 0.2 pounds of
sulfur dioxide per minute per ton of unbleached pulp
(charged to digester) on a 15 minute average.
(b) Emissions from the recovery system, acid plant and other
sources, shall not exceed 800 ppm of sulfur dioxide as
an hourly average,
(3) Mills of less than 110 ton of air dried unbleached pulp per
day may he exempted from the limitations of subsection (2)
above provided:
(a) That the schedule of compliance required by Section 25-365
demonstrates that a minimum of 50°^ collection efficiency
will be maintained and that compliance will be achieved with-
in 1 year.
(b) That the schedule of compliance required by Sectio1,1 25-365
demonstrates that a minimum of 80% collection efficiency
for S02 will be maintained and compliance will be achieved
no later than December 31» 1975.
(c) That an approved program continually monitors ambient
air to cemonstrate compliance wit.. State and Federal
ambient air standards, and that a five (5) minute con-
centration of 0.8 ppm of sulfur dioxide is not exceeded.
(4) The tutal emission of particulate matter from r.hc recovery
furnace stacks shall not exceed four (4) pounds oer air dried
ton of unbleached pulp produced.
25-365 COMPLIANCE SCHEDULE.
Each mill shall proceed promptly with a program to bring all sources into
compliance with this regulation, but in no instance shall che compliance
be achieved later than July 1, 1974, (except as pro"ided ••'n 25-360 (3)(b)).
A proposed schedule of compliance with this regulation r.hall be submitted
within one hundred and twenty (120) clays following the adoption of this
regulation, or as otherwise determined by the Environmental Quality
Commission. After receipt of the proposed schedule the Department ^hall
adopt ar approved compliance scnedule. The prooosed schedule shall
include:
(1) A description of the program to deterrrme the iulfur dioxide
emissions from all sources.
(2) The dates when specific steps of the program vill be completes,
including but not limited to:
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(a) Engineering study
(b) Purchase of equipment
(c) Erection of equipment
(d) Equipment placed in normal operation (full compliance with
requlation).
(3) A description of each step in the program, including but not
limited to:
(a) Engineering studies including alternative control procedures
to be considered and a comprehensive time schedule for their
evaluation.
(b) Performance characteristics and estimated efficiencies of
control devices.
(c) Justification for the time schedule requested.
(d) Reduction in emissions resulting from each complete step.
The approval of a compliance schedule by the Department shall be based
upon a showing that the mill is proceeding with all due speed to meet all
requirements of this regulation.
25-370 MONITORING AND REPORTING.
(1) Each mill shall submit, within sixty (60) days of the date of
adoption, a detailed sampling and testing program and time
schedule for approval by the Department.
(2) The monitoring equipment shall be capable of determining compliance
with the emission limits established by these regulations, and
shall be capable of continual sampling and recording of concen-
trations of sulfur dioxide contaminants from the recovery system.
(3) Each mill shall sample the recovery system, blow system, and
acid plant for sulfur dioxide emissions on a regularly scheduled
basis.
(4) Each mill shall sample the recovery furnace stacks for
particulate on a regularly scheduled basis.
(5) Unless otherwise authorized, data shall be reported by each mill
at the end of each calendar month as follows:
(a) Average daily emissions of sulfur dioxides expressed as
pounds of sulfur dioxide per ton of pulp produced from the
blow system recovery system, and acid plc.nt.
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(b) The daily average and peak concentrations of sulfur
dioxides expressed in pounds per hour and expressed in
ppm of sulfur dioxide and the number of hours each day
that the concentration exceeds 500 ppm.
(c) The average daily production of unbleached pulp and the
maximum daily production.
(d) Mills operating under the provisions of Section 25-360 (3)
shell report the results of their ambient monitoring
monthly,
(6) Each mill shall furnish upon request of the Department, such
other pertinent data as the Department may require to evaluate
the mill's emission control program. Unless otherwise prescribed,
each mill shall report immediately to the Department abnormal
mill operations which adverse"!y affect the emission of air
contaminants.
(7) All measurements shall be made in accordance with techniques
approved by the Department. Interim procedures may be approved
for use prior to completion of the studies required by Section
25-375.
25-375 SPECIAL STUDIES.
Special studies of the nature described below and having prior approval
of the Department shall be conducted at each mill or through cooperation
among mills. The proposed program and timetable shall be submitted to the
Department within 90 days of adoption of this regulation.
(1) Develop and recommend satisfactory mer-su-'inc techniques for
particulates from recovery furnace stacks.
(2) Evaluate and report the emission and control me:hods of sulfur
dioxide from other source1: within the mill.
(3) Evaluate and report the emission of sulfur tr^oxide from recovery
furnace and acid plants
(4) Evaluate as required by local condition* emissions of TRS.
(5) Develop and recommend satisfactory continual roni'toring
techniques for S02 emissions from recovery systems and blow
pit vents.
(6) Bleach plan-c contaminant emissions shall be measured and reported
to the Department within one year of the effective date of this
regulation. The report shall include a description of the pro-
cesses and chenn..als used, and shall report .he emissions in terms
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of total emission flow rate, concentration, and mass emission
rates, including but not necessarily limited to chlorine-and
sulfur-containing gases.
25-380 EXCEPTIONS.
These regulations do not apply to open burning or power boiler operations
conducted at sulfite pulp mills unless such boilers are an integral part of
the sulfite process or recovery system.
25-385 PUBLIC HEARING.
A public hearing may be held by the Department not later than December
31, 1973, in. order to review current technology and adequacy of these
regulations.
25-390 NOTICE OF CONSTRUCTION AND SUBMISSION OF PLANS AND SPECIFICATIONS.
(1) Prior to the construction, installation, or establishment of a
sulfite mill, a notice of construction shall be submitted to
the Department as required by OAR 340, Sections 20-020 and
20-030.
(2) Addit"jon to, or enlargement, or placement of a sulfite mill or
any major alteration therein shall be construed as construction,
installation, or establishment.
(51.21) LATEP.ITE ORE PRODUCTION OF FERRONICKEL
25-405 STATEMENT OF PURPOSE.
In furtherance of the public policy of the state as set forth in ORS
449.765, it is hereby declared to be the purpose of the Commission in
adopting the following regulation to:
(1) Require, in accordance with a specific program and timetable,
the highest and best practicable collection, treatment and
control of atmospheric pollutants through the utilization of
technically feasible equipment, devices and procedures necessary
to attain and maintain desired air quality.
(2) Establish standards which based upon presently available tech-
nology, are reasonably attainable with the intent of revising
the standards as needed when new information and/or better
technology are developed.
25-410 DEFINITIONS.
(1) "Laterite ore" means a red residual soil containing commercially
valuable amounts of nickel, about 1 to 2% by weight.
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(2) "Dry laterite ore" means laterite ore free of uncombined water
or as it is discharged from an ore drying equipment or process.
(3) "Ferrorn'ckel" means a metallic alloy containing about 50%
nickel and 50% iron.
(4) "All sources" means all equipment, structures, processes, and
procedures directly related to or involved in the production
of ferronickel from laterite ore excluding open storage areas
and mining activities.
(5) "Average dry laterite ore production rate" means the average
amount of dry laterite ore produced per hour based upon annual
production records.
(6) "Particulate matter" means a small discrete mass of solid or
liquid matter, but not including uncombined water.
(7) "Opacity" means the degree to which an emission reduces trans-
mission of light or obscures the view of an object in the back-
ground.
25-415 EMISSION STANDARDS.
(1) No source shall have visible emissions in excess of twenty (20)
percent, opacity, provided that where the presence of uncombinec
water is the only reason for failure of ar emission to meet this
requirement, such requirement shall not apply.
(2) The total combined emission of oarticulate matter from all
sources shall not exceed 3.5 pocndo per ton o* dry laterite
ore produced, based upon the average dry laterite ore production
rate.
25-420 HIGHEST AND BEST PRACTICABLE TREATMENT AND CONTROL REQUIRED.
Notwithstanding the specific emission limits set forth in Section 25-415
of this regulation, the highest and best practicable t^eafnent and control
currently available shall in every case be providec
25-425 COMPLIANCE SCHEDULE.
Compliance with the specific emission stancards set forth in Section 25-415
shall be accomplished on or before July " , !97<-1 in accordance with an
approved program and schedule.
25-^30 MONITORING AMD REPORTING.
(1) Emission testing shall oe conducted by the industry using Pepart-
ment approved methods 1.0 determine compliance with ihis regulation.
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(2) Abnormal operations which adversely affect the emission of
air contaminants shall be reported to the Department within
1 hour of the occurence, or as soon as reasonably possible.
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SUBDIVISION 6
AGRICULTURAL OPERATIONS
(51.13) FIELD BURNING.
26-005 DEFINITIONS.
(1) Burning seasons:
(a) "Summer Burning Season" means the four month period from
July 1, through October 31.
(b) "Winter Burning Season" means the eight month period from
November 1 through June 30,
(2) "Department" means the Department of Environments1 Quality.
(3) "Marginal Conditions" means conditions defined in ORS 449.840
(1) under which permits for agricultural open burning may be
issued in accordance with this regulation ar.d schedule.
(4) "Northerly Winds" means winds coming from directions in t.:ne
north half of the compass, at the surface and aloft.
(5) "Priority Areas" means the following areas of the Willamette
Valley:
(a) Areas in or within J miles of t^e city limits of incorporated
cities having populations of 10,000 or greater.
(b) Areas within 1 mile of airports serving regularly scheduled
airline flights.
(c) Areas in Lane County south of the line formed by U.S.
Highway 126 and Oregon Highway ":26.
(d) Areas in or within 3 miles of the ci':y limits 0*' the City
of Lebanon.
(e) Areas on the west side of and within 1/4 mile of these
highways; 'U.S. Interstate 5, 99, 99E, and 99W. Areas on the
south side 3f and within i/4 mile of U.S. Highway 20 between
Albany and Lebanon, Oregon Hiyhway 34 between Lebanon and
Corvallis, and Oregon Highway 228 from its junction south
of Brownsville to its ra~il crossing at the community of
Tulsa.
(6) "Prohibition Conditions" means atmospheric conditions under which
all agricultura1 open burning is prohibited (except whe^e an
auxiliary fuel is used such that combustion is nearly complete,
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or a mobile field incinerator approved by the Department is
used).
(7) "Southerly Winds" means winds coming from directions in the
south half of the compass, at the surface and aloft.
(8) "Willamette Valley" means the areas of Benton. Clackamas, Lane,
Linn, Marion, Polk, Washington and Yamhill Counties lying
between the crest of Coast Range and the crest of the Cascade
Mountains, and includes the following:
(a) "South Valley", the areas of jurisdiction of all fire
permit issuing agents or agencies in the Willamette
Valley portions of the Counties of Benton, Lane or Linn.
(b) "North Valley", the areas of jurisdiction of all other
fire permit issuing agents or agencies in the Willamette
Valley.
26-010 GENERAL PROVISIONS.
The following provisions apply during both the summer and winter burning
seasons in the Willamette Valley unless otherwise specifically noted.
(1) Priority for Burning. On any marginal day, priorities for
agricultural open burning shall follow those set forth in
ORS 449.840 which give perennial grass seed fields used for
grass seed production first priority, annual grass seed
fields used for grass seed production second priority, grain
fields third priority and all other burning fourth priority.
(2) Permits.
(a) No permit shall be issued for burning with equipment using
liquified petroleum gas unless such equipment complies in
full with the applicable laws, rules and regulations of the
Office of the State Fire Marshal,
(b) As provided in Chapter 434. Oregon Laws, 1971, permits for
open field burning of cereal grain crops shall only be
issusd under ORS 476.380 and 478.960 if the person seeking
the permit submits to the issuing authority a signed
statement under oath or affirmation that the acreage to be
burned will be planted to fall legumes or perennial
grasses.
(c) No permit-issuing agency or other person authorized to grant
agricultural open burning permits pursuant to ORS 478.960
and 476.380 shall give oral permission to conduct burning
and all permits shall be issued in writing, on a day-to-day
basis and shall be issued in accordance with the limits of
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extent, time and type of burning set forth in these
regulations.
(d) Any person granted a permit for agricultural open burning
shall maintain a copy of said permit at the burning site
during the burning operation, for inspection by appropriate
authorities.
(e) The staff of the Department of Environmental Quality may
authorize burning on an experimental basis, and may also,
on a fire district by fire district basis, issue limitations
more restrictive than those contained in these regulations
when in their judgment it is necessary to attain air quality.
(f) At all times proper and accurate records of permit trans-
actions and copies of all permits granted shall be maintained
by each permit-issuing agency or person authorized to grant
permits, for inspection by the proper authority. No permit
transaction shall be deemed completed until confirmation of
actual date, time, and amount of burning conducted under
said permit is furnished to the permit issuing agents. No
person shall be granted additional permits until confirmation
of outstanding permits is received. Such confirmation shall
be on a day-to-day basis.
(g) Permit agencies or persons authorized to grant permits
shall submit to the Department of Environmental Quality,
on forms provided, weekly summaries of field burning
permit data, during the period July I -October 15.
(h) All debris, cutting, and pmnings shall be dry, cleanly
stacked and free of dirt and green material prior to being
burned, to insure as nearly complete combustion as possible.
(i) No substance or material which normally emits dense smoke
or obnoxious odors may be used tor auxiliary fuel in the
igniting of debris, cutting or prunings.
(j) Use of mobile -Meld incinerators approved b\' the Department
shall require a burning permit, and permit agencies or agents
shall keep uD-to-date records of ill acreages burned by such
incine 'ators . Acres burned on any day by mobile field
incinerators approved by the Department shall not be applied
to open field burning acreage quotas, c-'.d such incinerators
may be operated under eitl.er marginal or prohibition
conditions.
26-015 SUMMER BURNING SEASON
(1) Classification of Atmospheric Conditions. AT; days will be
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classified as marginal or prohibition days under the following
criteria:
(a) Marginal Class N conditions: Forecast northerly winds and
maximum mixing depth greater than 3500 feet.
(b) Marginal Class S conditions: Forecast southerly winds.
(c) Prohibitions conditions: Forecast northerly winds and
maximum mixing depth 3500 feet or less.
(2) Quotas.
of
(a) Except as provided in this subsection, the total acreage
permits for open field burning shall not exceed the amount
authorized by the Department for each marginal day. Daily
authorizations of acreages shall be issued in terms of basic
quotas or priority area quotas as listed in Table I,
attached as Exhibit A and incorporated by reference into
this regulation and schedule, and defined as follows:
(A) The basic quota represents the number of acres to be
allowed throughout a permit jurisdiction, including
fields located in priority areas, on a marginal day
on which general burning is allowed in that jurisdiction,
(B) The priority area quota represents the number of acres
allowed within the priority areas of a permit juris-
diction on a marginal day when only priority area
burning is allowed in that jurisdiction.
(b) All Willamette Valley permit agencies or agents not
specifically named in Table I, shall have a basic quota and
priority area quota of 50 acres.
(c) In no instance shall the total acreage of permits issued
by any permit issuing agency or agent exceed that allowed
by the Department for the marginal day, except as provided
for 50 acre quotas as follows: When the established daily
acreage quota is 50 acres or less, a permit may be issued to
include all the acreage in one field providing that field
does not exceed 100 acres and provided further that no other-
permit is issued for that day. For those districts with a
50 acre quota, permits for more than 50 acres shall not
be issued on 2 consecutive days.
(d) The staff of the Department of Environmental Quality may
designate additional areas as Priority Areas, and may
adjust the basic acreage quotas or priorit> area quotas
of any permit jurisdiction, where conditions in their
judgment warrant such action.
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(3). Burning Hours. Burning may begin at 9:30 a.m. PDT, and all
fires must be out by one hour after sunset. Burning hours
may be reduced by the fire chief or his deputy when necessary
to protect from danger by fire.
(4) Extent and Type of Burning.
(a) Prohibition. Under prohibition conditions no permits for
agricultural open burning shall be issued and no burning
shall be conducted, except where an auxiliary liquid or
gaseous fuel is used such that combustion is essentially
complete, or a mobile field incinerator approved by the
; Department is used.
(b) Marginal Class N Conditions. Unless specifically authorized
by the Department, on days classified as Marginal Class N
burning shall be limited to the following:
(A) North Valley: one basic quota may be issued in
accordance with Table I.
(B) South Valley: one priority area quota for priority
area burning may be issued in accordance with Table I.
(c) Marginal Class S Conditions. Unless .specifically authorize
by the Department on days classified as Marginal Class S
conditions, burning shall be limited to ihe following:
(A) North Valley: One basic quota may be issued in accor-
dance with Table I in the following permit jurisdictions
Aumsville, Drakes Crossing, Marion County District 1,
Silverton, Stayton, Sublimity, and the Marion County
portion of the Clackamas-Marion Forest Protection
District.. One priority area quota may be issued .in
accordance with Table I for priority area burning in
all other North Valley jurisdictions.
(B) South Valley: One basic quota may bp issued in accor-
dance with Table I.
(d) Special Restrictions on Priority Area Burning.; No field
may be burned on the upwind side of any city, airport, or
highway within a priority area.
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TABLE I
FIELD BURNING ACREAGE QUOTAS
NORTH VALLEY AREAS
i - - - -
County Basic Priority Area
_ Quota (Acres) Quota (Acres)
Clackamas:
Estacada TOO 0
Monitor 100 0
All other permit issuing agencies 50 50
Marion:
Aumsville ' 75 0
Marion #1 (Four corners, Brooks, 75 50
Keizer)
Jefferson 175 50
St. Paul 100 50
Silverton 275 0
Stayton 150 0
Sublimity 250 0
Woodburn 100 50
All other permit issuing agencies 50 50
Polk:.
Southeast Polk 225 50
Southwest P.olk- 200 50
Washington:
All permit issuing agencies 50 50
Yamhill:
McMinnville 75 50
All other permit issuing agencies 50 50
SOUTH VALLEY AREAS
Benton:
County jurisdiction 400 50
State Forestry jurisdiction 125 0
Corvallis 275 50
Monroe 275 50
Philomath 150 0
All other permit Issing agencies 50 50
Lane:
Alvadore 125 0
Coburg . 100 5C
Creswell 75 50
Irving , 200 100
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TABLE I
(Cont.)
County Basic Priority Area
Quota (Acres) Quota (Acres)
Lane: (Cont.)
Junction City 250 50
Unprotected 110 50
All other permit issuing agencies 50 50
Linn:
Albany 650 125
Brownsville 775 50
Halsey-Shedd 2150 150
'Harrisburg 1475 100
Lebanon 950 50
Scio 150 0
Tangent 1050 50
All other permit issuing agencies 50 50
26-020 WINTER BURNING SEASON.
(1) Classification of atmospheric conditions:
(a) Atmospheric conditions resulting in computed air pollution
index values in the high range, values of 90 or greater,
shall constitute prohibition cjnditions.
(b) Atmospheric conditions resulting in computed air pollution
index values in the low and moderate ranges, values less
than 90, shall constitute marginal conditions.
(2) Extent and Type of Burning.
(a) Burning Hours. Burning hours for all ty^es oc burning
shall be from 9:00 a.m. until 4:00 p.m., but may be reduced
w^en deemed necessary by the fire chief or his deputy.
Burning hou^s for stumps rr;ay be increased if found necessary
to do so by the permit issuing agency. All materials for
burning shall be prepared and the operation conducted, subject
to local fi>e protection regulations, to insure that it wil1
be completed during the allotted time.
(b) Certain Burning Allowed Under Prolvbiticr. Conditions. Under
prohibition conditions no permits for agricultural open
burning may be "'ssuea and no burning may be conducted, except
where an auxiliary liquid or gaseous fuel ^s used such that
combustion
-------
(c) Priority for Burning on Marginal Days. Permits for
agricultural open burning may be issued on each marginal
day in each permit jurisdiction in the Willamette Valley,
following the priorties set forth in ORS 449.840 which give
perennial grass seed fields used for grass seed production
first priority, annual, grass seed fields used for grass
seed production second priority, grain fields third priority,
an a.ll other burning forth priority.
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SUBDIVISION 7
AIR POLLUTION EMERGENCIES
27-005 INTRODUCTION.
Notwithstanding any other regulation or standard, this emergency regulation
is designed to prevent the excessive accumulation of air contaminants during
periods of atmospheric stagnation, thereby preventing the occurrence of an
emergency due to the effects of these contaminants en the public health.
These rules are adopted pursuant to: Chapter 420, Oregon Laws 1971
(HB 1504); Chapter 424, Oregon Laws 1971 (HB 1574); and ORS 449.800.
27-010 EPISODE CRITERIA.
Conditions justifying the proclamation of an Air Pollution Alert, A~r
Pollution Warning, or Air Pollution Emergency shall be deemed to exist
whenever the Department determines that the accumulation of air contaminants
in any place is attaining or has attained levels which could, if such
"ievels are sustained or exceeded lead to a threat to the health of the
public. In making this determination, the Department will be guided by
the following criteria:
(1) "Air Pollution Forecast": An internal watch by the Department
of Environmental Quality shall be actuated by a National Weacher
Service advisory that Atmospheric Stagnation Advisory is in
effect or by the equivalent, local forecast of stagnant atmos-
pheric conditions.
(L) "Alert": The Alert level is that concentraticn of pollutants at
which first stage control action is to begin. An Alert will be
declared when any one of the fallowing levels is reached at any
monitoring site:
3
(a) Sulfur Dioxide - 800 ug/m .'0.3 ppm) ~ 24 hour average.
(b) Particulate - 3,0 COHs or 375 ug/m - 24 hour average.
(c) Sulfur Dioxide and particulate combined - ?4 hour average -
product of sulfur dioxide and particulate equal to:
(A) 525 (ug/m3)(COH); or
(B) 0.2 (ppm)(COHh or
(C) 65 x 103 (ug/t"3)(ug/m3)
(d) Carbon Monoxide - 17 mg/m (15 ppm) - 8 hour average,
(e) Photochemical Oxidant - 200 ug/m (0.1 ppm) - 1 hour average.
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o
(f) Nitrogen Dioxide - 1130 ug/m (0.6 ppm) - 1 hour average;
or 282 ug/m (0.15 ppm) - 24 hour average.
and meteorological conditions are such that this condition
can be expected to continue for twelve (12) or more hours.
(3) "Warning": The warning level indicates that air quality is
continuing to degrade and that additional abatement actions are
necessary. A Warning will be declared when any one of the
following levels is reached at any monitoring site:
2
(a) Sulfur. Dioxide - 1600 ug/m (0.6 ppm) - 24 hour average.
(b) Particulate - 5.0 COHs or 625 ug/m - 24 hour average.
(c) Combined Sulfur Dioxide and COHs - 24 hour average -
product of sulfur dioxide and participate equal to:
(A) 2100 (ug/m3)(COH); or
(B) 0.8 (ppm)(COH); or
(C) 261 x 103 (ug/m3)(ug/m3).
o
(d) Carbon Monoxide - 34 mg/m (30 ppm) - 8 hour average.
(e) Photochemical Oxidant - 800 ug/m (0.4 ppm) - 1 nour
average.
o
(f) Nitrogen Dioxide - 2260 ug/m (1.2 pom) - 1 hour average;
or 565 ug/nr (0.3 ppm) - 24 hour average.
and meteorological conditions are such that this condition
can be expected to continue for twelve (12) or more hours.
(4) "Emergency": The emergency level indicates that air quality is
continuing to degrade toward a level of significant harm to the
health of persons and that the most stringent control actions
are necessary. An Emergency will be declared when any one of the
following levels is reached at any monitoring site:
(a) Sulfur Dioxide - 2100 ug/m° (0.8 ppm) - 24 hour average.
f^
(b) Particulate - 7 COM or 875 ug/m - 24 hour average
(c) Combined Sulfur Dioxide and Particulate - 24 hour average,
product of sulfur dioxide and partici.le.te equal to:
(A)- 3M4 (ug/m3)(COH); or •
' (B) 1.2 (ppm)(COH); or
(C) 393 x 103 (ug/m3)(ug/m3).
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o
(d) Carbon Monoxide 0 46 mg/m (40 ppm) - 8 hour average; or
69 mg/m3 (60 ppm) - 4 hour average; or 115 mg/m (100 ppm)
1 hour average.
(e) Photochemical Oxidant - 1200 ug/m3 (0.60 ppm) - 1 hour
average; or
960 ug/m3 (0.48 ppm) - 2 hour average; or
ug/m3 (0.32 ppm) - 4 hour average.
o
(f) Nitrogen-Dioxide - 3000 ug/m (1.6 ppm) - 1 hour average; or
750 ug/m (0.4 ppm) - 24 hour average.
and meteorological conditions are such that this condition
can be expected to remain at the above levels for twelve
(12) or more hours.
(5) "Termination": Once declared, any status reached by application
of these criteria will remain in effect until the criteria for that
level are no longer met, at which time the next lower status will
be assumed, until termination is declared.
27-015 EMISSION REDUCTION PLANS.
Tables I, II and III of this regulation set forth special emission
reduction measures that shall be taken upon the declaration of an Air
Pollution Alert, Air Pollution Warning, or Air Pollution Emergency,
respectively. Any person responsible for a source of air contaminantion
shall, upon declaration of "any such condition, take all actions specified
in the applicable Table and shall particularly put into effect the
preplanned abatement strategy for such condition.
27-020 PREPLANNED ABATEMENT STRATEGIES .
(1) Any person responsible for the operation or control of a source
of air contamination shall, when requested by the Department or
regional air pollution authority in writing, prepare preplanned
strategies consistent with good industrial practice and safe
operating procedures, for reducing che emission of air contaminants
into the outdoor atmosphere dun'ng periods of an Air Pollution
Alert, Air Pollution Warning, and^Air Pollution Emergency.
Standby plans shall be desired to reduce or eliminate emissions
of air contaminants into the outdoor atmosphere in accordance
with the objectives set forth in Table I-II1.
(2) Preplanned strategies as required by tni? section shall be in
writing and describe the source of air contamination, contaminants
and a brief description of the manner and amount in which the
reduction will be achieved during an Air Pollution Alert, Air
Pollution Warning or Air Pollution Emergency,
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(3) Preplanned strategies as required by this section shall be
submitted to the Department or regional air pollution
authority upon request within thirty (30) days of the receipt
of such request; such preplanned strategies shall be subject
to review and approval by the Department or regional authority.
Matters of dispute in developing preplanned strategies shall, if
necessary, be brought before the Environmental Quality
Commission or Board of Directors of a regional authority, for
decision.
(4) Preplanned strategies as required by this section shall be
submitted to the Department or regional air pollution authority
upon,request within thirty (30) days of the receipt of such
request; such preplanned strategies shall be subject to review
and approval by the Department or regional authority. Matters
of dispute in developing preplanned strategies shall, if
necessary, be brought before the Environmental Quality
Commission or Board of Directors of a regional authority, for
decision.
(5) Municipal and county governments, or other appropriate govern-
mental bodies, shal, when requested by the Department of
Environmental Quality or regional air pollution authority in
writing, prepare preplanned strategies consistent with good
safety, for reducing the use of motor vehicles or aircraft within
designated areas during periods of an Air Pollution Alert, Air
Pollution Warning, and Air Pollution Emergency. Standby plans
shall be designed to reduce or eliminate emissions of air
contaminants from motor vehicles in accordance with the objectives
set forth in Tables I-III. and shall be prepared and submitted
for review and approval by the Department in accordance with
subsections (2), (3) and (4) of this section. In reviewing
the standby plans for local governments in counties within the
territorial jurisdiction of a regional air pollution authority,
the Department shall consult with said regional authority in
determining the adequacy and practicability of the standby plans.
27-025 REGIONAL AIR POLLUTION AUTHORITIES.
(1) The Department of Environmental Quality and the regional air
pollution authorities shall cooperate to the fullest extent
possible to insure uniformity of enforcement and administrative
action necessary to implement these regulations. With the
exception of sources of air contamination retained by the
Department; of Environmental Quality, all persons within the
territorial jurisdiction of a regional air pollution abatement
strategies prescribed in Section 27-020 to the regional air
pollution authority. The regional air pollution authority
shall submit summaries of the abatement strategies to the
Department of Environmental Quality.
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(2) Declarations of Air Pollution Alert, Air Pollution Warning,
and Air Pollution Emergency shall be made by the appropriate
regional authority, with the concurrence of the Deparment of
Environmental Quality. In the event such declaration is not
made by the regional authority, the Department of Environmental
Quality shall issue the declaration and the regional authority
shall take appropriate remedial actions as set forth in these
rules.
(3) Additional responsibilities of the regional authorities shall
include, but are not limited to:
(a) Securing acceptable preplanned abatement strategies.
(b) Measurement and reporting of air quality data to the
Department of Environmental Quality.
(c) Informing the public, news media and persons responsible
for air contaminant sources of the various levels set
forth in these rules and required actions to be taken
to maintain air quality and the public health.
(d) Surveillance and enforcement of emergency emission
reduction plans.
27-030 EFFECTIVE DATE.
All provisions of this regulation, shall be effective September 1, 1972,
provided however that:
(1) Emergency actions authorized by Chapter 424, Oregon Laws 1S71
shall be immediately available.
(2; Requests for preplanned abatement strategies authorized by Section
27-020 of this regulation may be made at any t~me after the date
of adoption of this regulatior
TABLE I
ALERT LEVEL
EMISSION REDUCTION FLAN
Part A
Motor Vehicle - Related Alert Conditions
For Alert conditions due to excessive levels of carbon monoxide, photo-
chemical oxid;*mcs, or nitrogen dioxide, persons operating motor vehicles
shall be requested to voluntarily curtail or eliminate all unnecessary
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operations within the designated Alert area, and public transportation
systems shall be requested to provide additional services in accordance
with a preplanned strategy.
Part B
GENERAL ALERT CONDITIONS
For Alert conditions resulting from excessive levels of particulate matter
and/or sulfur dioxide, the following measures shall be taken in the
designated area:
(1) There shall
•commercial,
form.
be no open burning by any person of domestic,
industrial or agricultural waste or debris in any
(2) The use of incinerators for the disposal of solid wastes, other
than when said incinerator is closely integrated with a
manufacturing process, shall be limited to the hours between
12 noon and 4 p.m.
(3) Persons operating fuel burning equipment which requires boiler
lancing or soot blowing shall perform such operations only
between the hours of 12 noon and 4 p.m.
(4) Persons responible for the operation of any source of air
contaminants listed below shall take all required actions
for the Alert level, in accordance with a preplanned strategy:
Source
Coal, oil or wood-fired electric
generating facilities
(b) Coal, oil or wood-fired process
steam generating facilities.
Control Actions - Alert Level
(a) Substantial reduction by utilization
of fuels having low ash and sulfur content.
(b) Maximum utilization of mid-day (12
noon to 4 p.m.) atmospheric turbulence for
boiler lancing and'soot blowing.
(c) Substantial reduction by diverting
electric power generation to facilities
outside of Alert Area.
(a) Substantial reduction by utilization
of fuels having low ash and sulfur content.
(b) Maxumum utilization of mid-day (12
noon to 4 p.m.) atmospheric turbulence for
boiler lancing and soot blowing.
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(c) Substantial reduction of steam load
demands consistent with continuing plant
operations.
(c) Manufacturing industries of follow- (a) Substantial reduction of air contami-
ing classifications: nants from manufacturing operations by
Primary Metals Industry curtailing, postponing, or deferring pro-
Petroleum Refining Operations duction and all operations.
Chemical Industries
Mineral Processing Industries (b) Maximum reduction by deferring
Paper and Allied Products trade waste disposal operations which
Grain Industry emit solid particles, gas vapors or malo-
Wood Processing Industry dorous substance.
(c) Maximum reduction of heat load de-
mands for processing.
(d) Maximum utilization of mid-day (12
noon to 4 p.m.) atmospheric turbulence
for boiler lancing or soot blowing.
TABLE II
WARNING LEVEL
EMISSION REDUCTION PLAN
Part A
Motor Vehicle - Related Warning Conditions
For Warning conditions, resulting from excessive levels of carbon monoxide,
photochemical oxidants, or nitrogen dioxide, trie following measures shall
be taken:
(1) Operation of motor vehicles carrying fewe*' than three (3) persons
shal1 be prohibited within designated areas during specified
hours. Excepted from this provision are:
(a) Public transportation and emergency vehicles.
(b) Commerical vehicles.
(c) Through traffic remaining on Interstate or primary highways.
(2) At the discretion of the Department, operation of all private
vehicles within designated areas ov entry cf vehicles into
designated areas, may be prohibited fcr specified periods of time.
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(3) Public transportation operators shall, in accordance with a
preplanned strategy, provide the maximum possible additional
service to minimize the public's inconvenience as a result of
(1) or (2) above.
Part B
GENERAL WARNING CONDITIONS
For Warning conditions resulting from excessive levels of particulate matter
and/or sulfur dioxide, the following measures shall be taken:
(1) 'There shall be no open burning by any person of domestic,
commercial, industrial or agricultural waste or debris in
any form.
(2) The use of incinerators for the disposal cf solid or liquid
wastes shall be prohibited.
(3) Persons operating fuel-burning equipment which requires boiler
lancing or soot blowing shall perform such operations only
between the hours of 12 noon and 4 p.m.
(4) Persons responsible for the operations of any source of air
contaminants listed below shall take all required actions for
the '/laming level, in accordance with a preplanned strategy:
Source of Air Contamination
(a) Coal, oil or wood-fired electric
power generating facilities
(b) Coal, oil or wood-fired process
steam generating facilities
Air Pollution Warning
(a) Maximum reduction of utilization
of fuels having lowest ash and sulfur
content.
(b) Maximum utilization of mid-day (12
noon to 4 p.m.) atmospheric turbulence
for boiler lancing and soot blowing.
(c) Maximum reduction by diverting
electric power generation to facilities
outside of Warning Area.
(a) Maximum reduction by utilization of
fuels having the lowest available ash and
sulfur content.
(b) Maximum utilization of mid-day (12
noon to 4 p.m.) atmospheric turbulence
for boiler lancing or soot blowing.
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(c) Manufacturing industries which re-
quire considerable lead time for
shutdown including the following
classifications:
Petroleum Refining
Chemical Industries
Primary Metals Industries
Glass Industries
Paper and Allied Products
(d) Manufacturing industries which re-
quire relatively short time for
shutdown including the following
classifications:
Primary Metals Industries
Chemical Industries
Mineral -Processing Industries
Grain Industry
Wood Processing Industry
(c) Prepare to use a plan of action to
be taken if an emergency develops.
(a) Maximum reduction of air contami-
nants from manufacturing operations by,
if necessary, assuming reasonable eco-
nomic hardships by postponing production
and allied operations.
(b) Maximum reduction by deferring
trade waste disposal operations which
emit solid particles, gases, vapors or
malodorous substances.
(c) Maximum reduction of heat load
demands for processing.
(d) Maximum utilization of mid-day (12
noon to 4 p.m.) atmospheric turbulence
of boiler lancing or soot blowing.
(a) Elimination of air contaminants
from manufacturing operations by ceas-
ing, postponing, or deferring production
and allied operations to the extent possible
without causing injury to persons or
damage to equipment
(b) Elimination of air contaminants
from trade w.'Ste disposal processes which
emi4" solid particles, gases, vapors, or
malodorous substances.
(c) Maximum reduction of heat load
demands for processing.
(d) Maximum utilization of mid-day (12
noon to 4 o.m.) atmospheric ti-.rbulence
for bci^r la1 icing or soot blowing.
E
EMERGENCY LEVEL
EMISSION REDUCTION PiAN
(1) I here shall be no open burning by any person of domestic
commercial, industrial, or agricultural waste or debris
in
orrn.
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(2) The use of Incinerators for the disposal of solid or liquid
wastes shall be prohibited.
(3) All places of employment described below shall immediately
cease operations:
(a) Mining and quarrying of nonmetallic minerals.
(b) All construction work except that which must proceed to
avoid emergent physical harm.
(c) AH manufacturing establishments, except those required
to have in force an air pollution emergency plan.
(d) Wholesale trade establishments, i.e., places of business
primarily engaged in selling merchandise to retailers,
to industrial, commercial, institutional or professional
users, or to other wholesalers, or acting as agents in
buying merchandise for or selling merchandise to such
persons or companies.
(e) All offices of local, county, and State government,
including authorities, joint meetings, ana other public
bodies excepting chief administrative officer of local,
county or State government, authorities, joint meetings
and other public bodies to be vital' for public safety and
welfare and the enforcement of the provisions of this
regulation.
(f) All retail trade establishments, except pharmacies and
stores primarily engaged in the sale of food.
(g) Banks, credit agencies other than banks, securities and
1 commodities brokers, dealers, exchanges and services:
offices of insurance carriers, agents and brokers.,
real estate offices.
(h) Wholesale and retail laundries, laundry services and
cleaning and dyeing establishments; photographic studios,
beauty shops, barbershops, shoe repair shops.
(i) Advertising offices, consumer credit reporting, adjust-
ment and collection agencies; duplicating, addressing, blue-
pringing; photocopying, mailing, mailing list and steno-
graphic services; equipment rental services, commercial
testing laboratories.
(j) Automobile repairs, automobile services, garages.
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(k) Establishments rendering amusement and recreation services
including motion picture theaters.
(1) Elementary and secondary schools, colleges, universities,
professional schools, junior colleges, vocational schools,
and public and private libraries.
(4) All commercial and manufacturing establishments not included in
these rules shall institute such actions as will result in maximum
reduction of air contaminants from their operations by ceasing,
curtailing, or postponing operations which emit air contaminants,
to the extent possible without causing injury to persons or
damage to equipment.
(5) The use of motor vehicles is prohibited except in emergencies
with the approval of local or State police.
(6) Airports shall be closed to all except emergency air traffic.
(7) Any person responsible for the operation of a source of atmospheric
contamination listed below shall take all required control actions
for this Emergency Level.
Source of Air Contamination
(a) Coal, oil or wood-fired electric
power generating facilities
(b) Coal, oil or wood-fired process
steam generating facilities
(c) Manufacturing industries of the
followinn classifications:
Air Pollution Emergency
(a) Maximum reduction by utilization of
fuels having lowest ash and sulfur content
(b) Maximum utilization of mid-day (12
noon to 4 p.m.) atmospheric turbulence
for boiler 7ancing or- soot blowing.
(c) Maximum reduction by diverting
electric power generation to facilities
outside the Emergency area.
(a) Maximum reduction by reducing heat
and iteam demands to absolute necessi-
ties consistent with preventing equip-
ment damage.
(b) Maximum utilization of mid-day (12
noon to 4 p.m.) atmospheric turbulence
for boiler lancing and ;oot blowing.
(c) Taking tiie action called for in the
emergency plan.
(a) Elimination of air contaminants
from manufacturing operations by ceasing,
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Primary Metals Industries curtailing, postponing or deferring
Petroleum Refining production and allied operations to the
Chemical Industires extent possible without causing injury
Mineral Processing Industries to persons or damage to equipment.
Grain Industry
Paper and Allied Products (b) Elimination of air contaminiants
Wood Processing Industry from trade waste disposal processes which
emit solid particles, gases, vapors, or
malodorous substances.
(c) Maximum reduction of heat load
demands for processing,
(d) Maximum utilization of mid-day (12
noon to 4 p.m.) atmospheric turbulence
for boiler lancing and soot blowing.
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SUBDIVISION 8
(2.0) SPECIFIC AIR POLLUTION CONTROL RULES FOR CLACKAMAS, COLUMBIA,
MULTNQMAH AND' WASHINGTON COUNTIES.
(2.0) 28-001 PURPOSES AND APPLICATION.
The rules in this subdivision shall apply in Clackamas, Columbia,
Multnomah and Washington Counties. The purposes of these rules are to
provide continuity of the air quality control program previously administered
by the Columbia-Willamette Air Pollution Authority and to deal specially
with the critical and unique air quality control needs of the four
county area. These rules shall apply in addition to all other rules of
the Environmental Quality Commission. The adoption of these rules shall
not, in any way, affect the applicability in the four county area of all
other rules of the Environmental Quality Commission and the later shall
remain in full force, and effect, except as expressly provided otherwise.
In cases of apparent duplication, the most stringent rule shall apply.
(2.0) 28-003 EXCLUSIONS.
The requirement contained in this subdivision shall apply to all activities
conducted in Clackamas, Columbia, Multnomah and Washinginqton Counties, other
than those for which specific industrial standards ha\,e been adopted
(Subdivision 5 of this Division 2), except fcr the reduction of animal
matter, Section 2D-055, (1) and (2).
(1.0) 28-005 DEFINITIONS.
As used in this Subdivision:
(1) "Domestic Rubbish" means rubbish generated by a private dwelling
housing four families or less.
(2) "Fuel burning equipment" means a devica which burns £ solid,
liquid, or gaseous fuel, the principal purpose of which is to
produce heat, except marine installations and internal combustion
engines that are not stationary gas turbines.
(3) "Odor': means the property of a substance which allows its
detection by the sense of smell,
(4) "Open outdoor fire" means the burning of any material outdoors
in -in open fire, a burn barrel or any similar device.
(5) "Rubbish" neans non-putrescible wastes consist-ing of both combus-
tible and non-combustible wastes, such as but not limited to
ashes, paper, cardboard, yard clippings, wocd, glass, cans,
bedd-'ng, household articles ">.nd similar materials.
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(6) "Special Restricted Area" means a special area established to
control specific practices or to maintain specific standards.
(a) In Columbia, Clackamas and Washington Counties, Special
Restricted Areas are all areas within Rural Fire
Protection Districts, including the areas of incorporated
cities within or surrounded by said Districts, but
excluding the Timber and Tri-City Rural Fire Protection
Districts.
(b) In Multnomah County, the Special Restricted Area is all
area west of the Sandy River.
(51.13) 28-010 OPEN OUTDOOR FIRES - GENERAL.
(1) No person shall cause or permit to be ignited or maintained any
open outdoor fire which is specifically prohibited by any rule
of the Department.
(2) Open outdoor fires in violation of any rule of the Department
shall be extinguished by the person in attendance upon notice
by the Department.
(51.13) 28-015 OPEN OUTDOOR FIRES - DOMESTIC.
No person shall cause or permit to be ignited or maintained any open outdoor
fire containing domestic rubbish within Special Restricted Areas. except
such open outdoor fires are permitted:
(1) Until 1 July 1974 in Columbia County.
(2) Until 1 July 1974 in Clackamas County in
(a) Clarkes Rural Fire Protection District
(b) Estacada Rural Fire Protection District No. 69
(c) Colton-Springwater Rural Fire Protection District
Id) Molalla Rural Fire Protection District
(e.) Hoodland Rural Fire Protection District
(f) Monitor Rural Fire Protection District
(g) Scotts Mills Rural Fire Protection District
(h) Aurora Rural Fire Protection District
(3) Until 1 January 1975 for the burning of wood, needle or leaf
materials from trees, shrubs or plants, during the period
commencing with the last Friday in October and terminating
at sundown on the last Sunday in November, and the period
commencing the second Friday in April and terminating at
sundown on the third Sunday in May. Such burning shall be
conducted in strict compliance with the applicable rules,
regulations and ordinances of fire protection agencies. No open
outdoor fire shall be conducted on any day when the Department
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advises fire permit issuing agencies not to issue permits
because of adverse meteorological or air quality conditions.
(51.13) 28-020 OPEN OUTDOOR FIRES - LAND CLEARING.
. No person shall cause or permit to be ignited or maintained any open out-
door fire as part of any land clearing operation:
(1) In Washington County within Rural Fire Protection Districts
including incorporated cities within or surrounded by said
Districts.
(2) In Control Areas in Clackamas and Multnomah Counties established
as:
(a) Any area in or within three (3) miles of the boundary of
any city of more than 1,000 population, but less than
45,000 population.
(b) Any area in or within six (6) miles of the boundary of any
city of 45,000 or more population.
(c) Any area between areas established by this rule where the
distance between the boundaries is three miles or less.
(3) Whenever two cr more cities have a common boundary, the total
population of these cities will determine the Control Area
classification and the municipal boundaries of each of the cities
shall be used to determine the limits of the Control Area.
(4) Whenever the boundary of a Control Area passes within the bound-
aries of a city, the entire area o<~ the city shall be deemed
to be in the Control Area. If the Control Area boundary within
a city is between Control Area (b) and Control Area (a), the
entire city shall be deemed to be in Control Area (b).
(5) The annual population estimate issued by the Center for Popula-
tion Research and Census, Portland State University, shall
establish which municipal Hies will be used for determination
of Control Areas.
(51.9) 28-025 INCINERATORS AND REFUSE BURNING EQUIPMENT.
(1) No person shall cause, permit or maintain any emission from
any refuse burning equipment which doei not comply with the
emission limitations of these Rules,
(2) Refuse Burning Hours .
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(a) No person shall cause, permit or maintain the operation
of refuse burning equipment at any time other than one-
half hour before sunrise to one-half hour after sunset,
except with prior approval of the Department.
(b) Approval of the Department for the operation of such
equipment may be granted upon the submission of a written
request stating:
i) Name and address of the applicant
ii) Location of the refuse burning equipment
iii) Description of refuse burning equipment and its
control apparatus
iv) Type and quantity of refuse
v) Good cause for issuance of such approval
vi) Hours during which the applicant seeks to operate
the equipment
vii) Time duration for which approval is sought
(2.0) 28-030 CONCEALMENT AND MASKING OF EMISSIONS.
(1) No person shall willfully cause or permit the installation or
use of any device or use of any means such as dilution, which,
without resulting in a reduction in the total amount of air
contaminant emitted, conceals an emission of air contaminants
which would otherwise violate rules cf the Department.
(2) No person shall cause or permit the installation or use cf any
device or use of any means designed to mask the emission of an
air contaminant, which air contaminant causes or is likely
to cause detriment to health, safety or welfare of any person.
(2.0) 28-040 EFFECTIVE CAPTURE OF AIR CONTAMINANT EMISSIONS.
Air contaminants which are, or may be, emitted to the atmosphere through
doors, windows or other openings in a structure or which are or may be
emitted from #ny,process not contained in a structure, shall be captured
and transferred 'to air pollution control equipment using the most efficient
and best practicable hooding, shrouding or ducting equipment available.
New sources shall comply at the time of instalTation.
(50.6) 28-045 ODOR CONTROL MEASURES.
(1) Control apparatus and equipment, using the highest and best
practicable treatment currently available, shall be installed
and operated to reduce to a minimum odor-bearing gases or odcr-
beaVing particulate matter emitted into the atmosphere.
(2) Gss effluents from incineration operations and process after-
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burners shall be maintained at a temperature of 1,400 degrees
Fahrenheit for at least 0.5 second, or controlled in another
manner determined by the Department to be equally or more
effective.
(51.16) 28-050 STORAGE AND HANDLING OF PETROLEUM PRODUCTS.
(1) In volumes of greater than 40,000 gallons, gasoline or arty
volatile petroleum distillate or organic liquid having a vapor
pressure of 1.5 psia or greater under actual storage conditions
shall be stored in pressure tanks or reservoirs or shall be
stored in containers equipped with a floating roof or vapor
recovery system or other vapor emission control device.
(2) Gasoline or petroleum distillate tank car or tank loading
facilities handling 20,000 gallons per day or more shall be
equipped with submersible filling devices or other vapor
emission control systems.
(3) Gasoline tanks with a capacity of 500 gallons or more, installed
after 1 January 1970, shall be equipped with submersible filling
device or other vapor emission control systems.
(2.0) 28-055 SHIPS.
While in those portions of the Willamette River and Columbia River which
pass through or adjacent to Clackamas, Columbia and Multnomah Counties,
each ship shall minimize emissions from soot blowing and shall be subject
to the emission standards and rules for visible emissions and particulate
matter size.
(7.0) 28-060 UPSET CONDITION.
Emission of air contaminants in excess of applicable standards as a result
of equipment breakdown shall not be considered a violation of said standards
provided the conditions of section 21-075 ere met,
(2.0^ 28-065 EMISSION STANDARDS, GENERAL.
Compliance with any specific emission standard in these rules does not
preclude required compliance with any other applicable emission standard
or requirement contained in any of the rules o'? the Department.
(50.1.2) 28-070 VISIBLE AIR CONTAMINANT STANDARDS.
No person owning, operating nr maintaining non-fuel burning equipment
sources of emissions shall discharge into the atmosphere from any single
source of emission whatsoever any air contaminant for a period or periods
aggregating more than thirty (30) seconds in any one hour which is equal
to or greater than 20 percent opacity.
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(50.1.1) 2R-075 'PARTICULATE MATTER WEIGHT STANDARDS.
(1) The maximum allowable emission of participate matter from
any fuel burning equipment shall:
(a) Be a function of maximum heat input and shall be determined
from Figure 1, except from existing fuel burning equipment
utilizing wood residue, it shall be 0.2 grain, and from new
fuel burning equipment utilizing wood residue, it shall be
0.1 grain for each standard cubic foot of exhaust gas,
calculated to 12 percent carbon dioxide.
(b) Not exceed Smoke Spot #2 for distillate fuel and #4 for
residual fuel, measured by ASTM D2156-65, "Standard Method
for Test for Smoke Density of the Flue Gases from Distillate
Fuels."
(2) The maximum allowable emission of particulate matter from any
refuse burning equipment shall be a function of the maximum heat
input from the refuse only and shall be determined from Figure 2.
(50.1) 28-080 PARTICULATE MATTER SIZE STANDARD.
No person shall cause or permit the emission of any particulate matter
which is larger than 250 microns in size provided such particulate matter
does or will deposit upon the real property of another person.
(50.2) 28-085 SULFUR DIOXIDE EMISSION LIMITATIONS.
No person shall cause or permit emission of sulfur dioxide in excess of
1000 ppm from any air contamination source, except those persons burning
fuel conforming to provisions of rules relating to the sulfur content of
fuels. This rule is applicable to sources installed, constructed or
modified after October 1, 1970.
(50.7) 28-090 ODORS.
(1) 'No person'shall cause or permit the emission of odorous matter
in such manner as to contribute to a condition of air pollution,
or exceed:
(a) A scentometer No. 0 odor strength or equivalent dilution
in residential and commercial areas.
(b) A scentometer No. 2 odor strength or equivalent dilution
in all other land use areas.
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Scentometer Readings
Concentration Range
Scentometer No. No. of Thresholds
0
1
2
3
1 to 2
2 to 8
8 to 32
32 to 128
(2) A violation of this Rule shall have occurred when two measure-
ments made within a period of one hour, separated by at least
15 minutes, off the property surrounding the air contaminant
source exceeds the limitations of subsection (1).
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H
1.0
0.9
0.8
0.7
0.6
0.1
0.2 gr/SCF 0 127. C02
10 . 100 1000
Maximum Heat Input (106 BTU/Ilr)
10,000
PARTICUIATE MATTER H-HSSION' OT^KDARDS FOR FUEL BURNING EQUIPMENT
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PMETICUIATE MATTER EMISSION STANDARDS FOR REFUSE BURNING EQUIPMENT
Unit Capacity (Ibs Refuse/hr}1
50 100 1000 10,000
. I !. I
100,000
lOOCj
500}
c.
O
&
W
4)
3
u
0.03
0.1
0.5 1.0
50 100
500 1000
Maximum HeaC Input from Ra'uae Only (10 3TU/KH)
For rsfvse hav Ins heac content
at 50PO BtU/ib as fired
vxc hiding s.ny auxiliary heat
Figure 2
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DIVISION 3
(4.0) AIR POLLUTION CONTROL STANDARDS
FOR AIR PURITY AND QUALITY
SUBDIVISION 1
(4.0) AMBIENT AIR QUALITY STANDARDS.
31-005 DEFINITIONS.
As used in this regulation, unless otherwise required by context:
(1) /'Ambient Air" means the air that surrounds the earth excluding
the general volume of gases contained within any building or
structure.
(2) "Eqlnva^ent Method" means any method of sampling and analyzing
for an air contaminant deemed by the Department cf Environmental
Quality to be equivalent in sensitivity, accuracy, reproducibility
and selectivity to a method approved by and on file with the
Department of Environmental Quality. Such method shall be
equivalent to the method or methods approved by the federal
Environmental Protection Agency.
(3) "Primary Air Mass Station" means 6 station designed to measure
contamination in an air mass and represent a relatively
broad area. The sampling site shall be representative of the
general area concerned. The sampler shall be a minimum of 15
feet and a maximum of 150 feet above ground level. Actual
elevations should vary to prevent adverse exposure conditions
caused by surrounding buildings and terrain. The probe inlet
for sampling gaseous contaminants shall be placed approximately
twenty feet above the roof top, o? not less than two feet from
any wall. Suspended particulate filters shall be mounted on the
sampler and placed not less than 3 feet, and particle fallout
jar openings not less than 5 feet above the roof top.
o
(4) "Primary Ground Level Monitoring Station" means a station designed
to provide information on contaminant concentrations near the
'ground. The sampling site shall be representative of the
immediate area. The sample shall be taken from a minimum of 10
feet and a maximum of 15 feet above ground level, with a desired
optimum height of 12 feet. The probe inlet for sampling yaseous
contaminants shall be placed not less than two feet from any
building or wall. Suspended particulate filters shall be mounted
on the sampler and placed not less than 3 feet, or particle fall-
out jar openings not less than 5 feet, above the supporting roof
top.
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(5) "Special Station" means any station other than a Primary Air
Mass Station or Primary Ground Level Monitoring Station.
31-010 PURPOSE AND SCOPE OF AMBIENT AIR QUALITY STANDARDS.
(1) An ambient air quality standard is an established concentration,
exposure time and frequency of occurrence of an air contaminant
or multiple contaminants in the ambient air which shall not be
exceeded. The ambient air quality standards set forth in this
subdivision are designed to protect both public health and
public welfare.
(2) Ambient air quality standards are not generally intended as a
means of determining the acceptability or unacceotabil ity of
emissions from specific sources of air contamination. More
commonly, measured ambient air quality in comparison with
ambient air quality standards is used as a criteria for
determining the adequacy or effectiveness of emission standards
for the aggregate of sources in a general area. However, in the
case of a source or sources which are deemed to be singularly
responsible for ambient air quality standards being exceeded in
a particular locality, the violation of said standards shall be
due cause for imposing emission standards more stringent than
those generally applied to the class of sources involved.
Similarly, proposed construction of new sources or expansions of
existing sources, which may prevent or interfere with the
attainment and maintenance of ambient air quality standards,
shall be due cause for issuance of an order prohibiting such
proposed construction, pursuant to ORS 449.712 and OAR Chapter
340, Section 20-030.
(3) In adopting the ambient air quality standards in this subdivision
the Environmental Qualtiy Commission recognizes that one or more
of the standards are currently being exceeded, in certain parts of
the State. It is hereby declared to be the policy of the
Environmental Quality Commission to achieve, by application of a
timely but orderly program of pollution abatement, full compliance
with ambient air quality standards throughout the State at the
earliest possible date, but in no case later than July 1, 1975.
31-015 SUSPENDED PARTICULATE MATTER.
Concentrations of suspended particulate matter at a primary air mass station,
as measured by a method approved by arid on file with the Department of
Environmental Quality, or by an equivalent method, shell not exceed:
(1) 60 micrograms per cubic meter of air, as an annual geometric
mean for any calendar year.
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(2) TOO micrdgrams per cubic meter of air, 24 hour concentration
for more than 15 percent of the samples collected in any
calendar month.
(3) 150 micrograms per cubic meter of air, 24 hour concentration,
more than once per year.
31-020 SULFUR DIOXIDE.
Concentrations of sulfur dioxide at a primary air mass station, primary
ground level station, or special station, as measured by a method
approved by and on file with the Department of Environmental Quality, or
by an equivalent method, shall not exceed:
(1) 60 micrograms per cubic meter of air (0.02 ppm), annual
arithmetic mean.
(2) 260 micrograms per cubic meter of air (0.10 ppm), maximum 24
hour average more than once per year.
(3) 1300 micrograms per cubic meter of air (0.50 ppm), maximum
3 hour average, more than once per year.
31-025 CARBON'MONOXIDE.
Concentrations of carbon monoxide at a primary air mass station or primary
ground level stations, as measured by a method approved by and on file with
the Department of Environmental Quality or by an equivalent method, shall
not exceed:
(1) 10 milligrams per cubic meter of air (8.7 opm)', maximum 8 hour
average, more, than once per year.
(2) 40 mi'lligrams per cubic meter of air (35 ppm), maximum 1 hour
average, more than once per year.
31-030 PHOTOCHEMICAL OXIDANTS.
Concentrations of photochemical oxidants at a primary air mass station, as
measured by a method approved by and on file w'th the Department of
Environmental Quality, or by an equivalent method, shall not exceed 16C
micrograms per cubic meter (0.08 ppm), niaximum 1 hour averaoe, more than
once per year.
31-035 HYDROCARBONS.
Concentrations of hydrocarbons at a primary air mass station, as measured
and corrected for methane by a method approved by and on file with the
Department of Environmental Quality, or by an equivalent method, shall not
exceed 160 micrograms per cubic meter of air (0.24 ppm), maximum 3 hour
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concentration measured from 0600 to 0990, not to be exceeded more than
once per year.
30-040 NITROGEN DIOXIDE.
Concentrations of nitrogen dioxide at a primary air mass station, as
measured by a method approved and on file with the Department of Environ-
mental Quality, or by an equivalent method, shall not exceed 100 micrograms
per cubic meter of air (0.05 ppm), annual arithmetic mean.
31-045 PARTICLE FALLOUT.
The particle fallout rate at a primary air mass station, primary ground
level station, or special station, as measured by a method approved by
and on file with the Department of Environmental Quality, or by an equi-
valent method, shall not exceed:
(1) 10 grams per square meter per month in an industrial area, or
(2) 5.0 grams- per square meter per month in an industrial area if
visual observations show a presence of wood waste or soot and
the volatile fraction of the sample exceeds seventy (70) percent.
(3) 5.0 grams per square meter per month in residential and commercial
areas, or
(4) 3.5 grams per square meter per month in residential and commercial
areas if visual observations show the presence of wood waste or
soot and the volatile fraction of the sample exceeds seventy (70)
percent.
31-050 CALCIUM OXIDE (Lime Dust)
(1) Concentrations of calcium oxide present as suspended paniculate
at a primary air mass station, as measured by a method approved
by and on file with the Department of Environmental Quality, cr
by an equivalent method, shall not exceed 20 micrograms per cubic
meter in residential and commercial ai^eas at any time.
(2} Concentrations of calcium oxide present as particle fallout at a
primary air mass station, as. measured by a method approved by and
on file with the Department of Environmental Quality or by an
equivalent method, shall not exceed 0.15 qrans per square meter
per month in residential and commercial areas.
-------
LANE REGIONAL AIR POLLUTION AUTHORITY
' 16 OAKWAY MALL - EUGENE, OREGON 97401
TITLE 11
(2.0) POLICY AND GENERAL PROVISIONS.
11-005 POLICY..
In the interest of the public health and welfare of the people, it is
declared to be the public policy of the Lane Regional Air Pollution
Authority to restore and maintain the quality of the air resources of
the territory in a condition as free from air pollution as is practicable,
consistent with the overall public welfare of the territory. The Program
of this Authority for the control of air pollution shall be undertaken in
' a progressive manner, and each of its objectives shall be sought to be
accomplished by cooperation and conciliation amoung all the parties
concerned.
11-010 CONSTRUCTION AND VALIDITY.
If any provision of these rules shall be held void or unconstitutional
by judicial or other determination, all other parts of these rules which
are not expressly held to be void or unconstitutional shall continue in
full force and effect.
These rules are not intended to permit any practice which is a violation of
any statute, ordinance, order or regulation of this Authority or any other
governmental unit and .no provision contained in these Rules is intended to
impair or abrogate any civil remedy or process, whether legil or equitable,
which might otherwise be available to any person.
These rules are not intended to apply to the air quality requirements for
the workroom atmosphere necessary to protect the employee's health from
contaminants emitted by his employer, nor are they concerned with the
occupational health factors in an employer-employee relationship.
11-015 DEFINITIONS.
When used in these rules:
(1), "Agricultural Operation" means the growing of crops, the raising
of fowls, animals, or bees as a gainful operation.
(2) "Air Contaminant" means the dust, fume, gas, mist, odor, smoke,
vapor, pollen, soot, carbon, acid or particulate matter of any
combination thereof.
(3) "Air Pollution" means the presence in the outdoor atmosphere
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of one or more air contaminants or any combination thereof in
sufficient quantities and of such characteristics and of
a duration as are, or are likely to be, injurious to the
public welfare, to the health of human, plant or animal life
or to property or which unreasonably interfere with enjoyment of
life and property throughout the territory or'throughout such
area of the territory as shall be affected thereby.
(4) "Air Pollution Control Area" means a special area within the
territory of the Authority established to control specific
practices or to maintain specific standards.
(a) Air Pollution Control Area "A" includes all area within
the bounds beginning at the intersection of the Lane
County boundary line and the Western bounds of Section
12, T15 S, R5W; extending South to the Southwest corner
of Section 13, T15S, R5W; thence West to the Northwest
corner of Section 23, T15S, R5W; thence South to the
Southwest corner of Section 26, T15S, R5W; thence West to
the Northwest corner of Section 34, T15S, R5W; thence to the
Southwest corner of Section 3, T16S, R5W; thence West to
the Northwest corner of Section 9, T16S, R5W; thence South
to the Southwest corner of Section 9, T16S, R5W; thence
West to the Northwest corner of Section 17, T16S, R5W;
thence South to the Southwest corner of Section 29, T16S,
R5W-, thence West to the Northwest corner of Section 36,
T16S, R6W; thence South to the Southwest corner of Section
36, T16S, R6W; thence West to the Northwest corner of Section
2, T17S, R6W; thence South to the Southwest corner of Section
2, "H7S, R6W; thence West to the Northwest corner of Section
9, T17S, R6W; thence South to the Southwest corner of Section
15, T17S, R6W; thence West to the Northwest corner of Section
19, T17S, R6W; thence South to the Southwest corner of Section
31, T17S, R6W; thence East to the Southeast corner of Section
32, T17S, R6W; thence South the the Southwest corner of Sec-
tion of Section 9, T18S, R6W; thence East the the Southeast
corner of Section 9, T18S, R6W; thence South the the South-
eost corner of Section 15, T18S, R6W; thence East to the
Southeast corner of Section 15, T17S, R6W: thence South to
the Southwest corner of Section 26, T18S, R6W; thence East
to the Southeast corner of Section 26, T18S, R6W; thence South
to the Southwest corner of Section 36, T18S, R6W; thence
East to the Northeast corner of Section 6, T19S, R3W; thence
South to the Southeast corner of Section 30, T19S, R3W; thence
West to the Northwest corner of Section 31, T19S, R3W:
thence South to the Southeast corner of Section 1, T20S, R4W;
thence West to the Northwest corner of Section 11, T20S, R4W;
thence South to the Lane County boundary line continuing
Easterly and Southerly along said boundary line to the
Southern bounds of Section 23, T21S, R4W; thence East to the
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Southeast.corner of Section 19, T21S, R2W; thence North
to the Northwest corner of Section 20, T19S, R2W; thence
East to the Northeast corner of Section 24, T19S, R2W;
thence South to the Southeast corner of Section 36, T19S,
R2W-, thence East to the Southeast corner of Section 36,
T19S, R1W: thence North to the Northeast corner of Section
25, T18S, R1W; thence West to the Northwest corner of
Section 30, T18S, R1W; thence North to the Northwest corner
of Section 7, T18S, R1W; thence East to the Southeast
corner of Section 2, T18S, R1W; thence North to the North-
east corner of Section 23, T17S, R1W; thence West to the
Northwest corner of Section 21, T17S, R1W; thence North to
the Northeast corner of Section 17, T17S, R1W; thence West
to the Southwest corner of Section 12, T17S, R2W; thence
North to the Northeast corner of Section 26, T16S, R2W;
thence West to the Northwest corner of Section 28, T16S,
R2W; thence South to the Southwest corner of Section 4,
T'I7S, R2W; thence West to the Southwest corner of Section
4, T17S, R2W; thence West to the Southwest corner of
Section 1, T17S, R3W: thence North to the Lane County
boundary line continuing along such line in a Westerly
and Northerly direction to the point of beginning.
(b) !'Air Pollution Control Area "B" includes all areas within
the jurisdictional hounds of the Lane Regional Air
Pollution Authority not covered by Control Area "A" or
Control Area "C".
(c) "Air Pollution Control Area "C" (Core area) includes all
area within the bounds beginning at the Northwest corner
of T17S, R4W; extending South to the Southwest corner of
Section 6, T17S, R4W; thence East to the Northwest corner
of Section 8, T17S, R4W; thence South to the Southwest
corner of Section 32, T17S, R4W; thence East to the North-
east corner of Section 4, T18S, R4W; thence South to the
Southwest corner of Section 3, T18S, R4W; thence East to
the Northwest corner of Section 12, T18S, R4W; thence South
to thetSouthwest corner of Section 13,,T18S, R4W; thence East
to the Northeast corner of Section 24, T18S, R4W-, thence
South to the Southeast corner of Section 24, T18S, R4W;
thence East to the Southeast corner of Section 21, T18S, R3W;
thence North to the Northeast corner of Section 21, T18S,
R3W; thence East to the Northeast corner cc Section 22,
T18S, R3W; thence South to the Southwest corner of Section
23, T17S, R3W-, thence East to the Southeast corner of Section
24, T18S, R3W; thence Ncrth to the Southeast corner of Section
1, T18S, R3W; thence East to the Southeast corner of Section
2, T17S, R2W; thence North to the Northeast corner of Section
26, T17S, R2W; thence West to the Southwest corner of Section
20, T17S, R2W; thence North to the Northwest corner of Section
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(16) "Existing Source" means any air contaminant source in existence
prior to the date of adoption of these rules.
(17) "Fire Permit Issuing Agency" means any city fire department,
rural fire protection district, water district, forest
protection district, any governmental fire permit issuing
agency, county court or board of county commissioners or their
designated representative, as applicable.
(18) "Garbage" means putrescible animal and vegetable wastes resulting
from handling, preparation, cooking and serving of food.
(19) "Gasoline" means any petroluem distillate having a Reid vapor
pressure of four pounds per square inch or greater.
(20) "General Combustion Operation" means any operation in which
combustion is carried on, exclusive of heat transfer operations,
incineration operations and salvage operations.
(21) "Hardboard" means a flat panel made from wood that has been
reduced to basic wood fibers and bonded by adhersive properties
under pressure.
(22) "Heat Transfer Operation" means the combustion side of any
operation which (1) involves the combustion of fuel .for the
principal purpose of utilizing the heat of combustion-product
gases by the transfer of such heat to the process material
and (2) does not transfer a significant portion of heat by
direct contact, between the combustion-product gases and the
process material..
(23) "Heavy Industrial Lane Use Areas" means land which is designated
or used for heavy industrial operations, including manufacturing.
(24) "Incineration Operation" means any operation in which combustion
is carried on in an incinerator, for the principal purpose or
with the principal result, of oxidizing wastes to reduce their
bulk and/or facilitate disposal.
(25) "Incinerator" means a combustion device specifically for the
destruction by high temperature burning, of solid, semi -sol id
liquid, or gaseous combustible wastes. The term "incinerator"
does not include devices such as open or screened barrels or
drums.
(26) "Motor Vehicle'1 means any self-propelled vehicle designed for
transporting persons or property on a public street or highway.
(27) ''^ew Source" means any air contamination source installed,
construction, or modified after the date of adoption of these rules
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20, T17S, R2W; thence We-t to the Southwest corner of
Section 13, T17S, R3@; thence North to the Northwest
corner of Section 13, T17S, R3W; thence West to the
Southwest corner of Section 11, T17S, R3W; thence North
to the Northwest corner of Section 11, T17S, R3W; thence
West to the Southwest corner of Section 6, T17S, R3W; thence
North to the Northwest corner of Section 31, T16S, R3W;
thence West to the Northwest corner of Section 34, T16S,
R4W; thence South to the Southwest corner of Section 35,
( T16S, R4W; thence West to the point of beginning. Control
area "C: also includes all area within the bounds of the
City limits of the City of Coburg, the City of Collage
Grove, and the City of Junction City.
(5) "Air Pollution Control Equipment" means any equipment which has
as its essential purpose a reduction (1) in the emission of
air contaminants, or (2) in the effect of such emission.
(6) "Ambient Air" means the air that surrounds the earth excluding
the general volume of gases contained within any building or
structure.
(7) "ASTM" means the American Society for Testing Materials.
(8) "Authority" means the Lane Regional Air Pollution Authority.
(9) "Board" means the Board of Directors of the Lane Regional Air
Pollution Authority.
(10) "Debris clearing" means the removal of wood, trees, brush or
grass in preparation for a land improvement cr construction
project.
(11) "Distillate Fuel Oil" means any oil meeting the specifications
of ASTM Grade 1 or Grade 2 fuel oils.
(12) "Domestic Rubbish" means rubbish as defined herein generated by
a pri'vate dwelling.
(13) "Domestic Yard Trimmings" means non-putrescible wastes consisting
of combustible dry wastes, such as yard clippings, wood, grass,
tree and shrub trimmings, and like material generated by a
private dwelling.
i
(14) "Emission" means a release into the outdoor atmosphere of air
contaminants.
(15) "Emission Point" means the location, place in horizontal piano
and verticle elevation at which an emission enters the outdoor
atmosphere.
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(28) "Odor" means the property of a substance which allows its
detection by the sense of smell.
(29) "Opacity" means the degree to which an emission reduces
transmission of light or obscures the view of an object in
the background.
(30) "Open Outdoor Fire" or "Open Burning" meand the burning of
any material outdoors rather than in an incinerator as defined
in this section.
(31) "Operations" include plant, mill or facility.
(32) "Particleboard" means mat formed flat panels consisting of
wood particles bonded together with synthetic resin or other
suitable binder.
(33) "Particle Fallout Rate" means the weight of particulate matter
which settles out of the air in a given length of time over
a given area.
(34) "Particulate Matter" means any matter except uncombined water
which exists as a liquid or solid at standard conditions.
(35) "Permit" or "Air Contaminant Discharge Permit" means a written
permit issued by the Authority in accordance with duly adopted
procedures, which by its conditions authorizes the permittee to
construct, install, modify or operate specified facilities, con-
duct specified activities, or emit, discharge or dispose of air
contaminants in accordance with specified practices, limitations,
or prohibitions.
(36) "Person" means any individual, public or private corporation,
political subdivision, agency, board, department, or bureau of
the state, municipality, partnership, association, firm, trust,
estate, or any other legal entity whatsoever which is recognized
by law as the subject, of rights and duties.
(38) "p.p.m." (parts per million) means parts of an air contaminant
per million parts of air by volume.
(39) "Plywood" means a flat panel build generally of an odd number
of thin sheets of veneers of wood in which the grain direction
of each ply or layer is at right angles to the one adjacent to it.
(40) "Primary Air Mass Station" (PAMS) means a station designed to
measure contamination in any air mass and represent a relatively
broad area. The sampling site shall be a minimum of 15 feet and
a maximum of 150 feet above ground level. Actual elevations
should vary to prevent adverse exposure conditions caused by
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surrounding buildings and terrain. The probe 'inlet for sampling
gaseous contaminants shall be placed approximately 20 feet above
the roof top, or not less than 2 feet from any wall. Suspended
particulate filters shall be mounted on the sampler and placed
not less than 3 feet, and particle fallout jar openings not
less than 5 feet, above the roof top.
(41) "Primary Ground Level Monitoring Station" (PGLMS) means a
station designed to provide information on contaminant
concentrations near the ground. The sampling site shall as
representative of the immediate area. The sample shall be
taken from a minimum of 10 feet and a maximum of 15 feet above
ground level, with a desired optimum height of 12 feet. The
probe inlet for sampling gaseous contaminants shall be placed not
less than 2 feet from any building or wall. Suspended
particulate filters shall be mounted on the sampler and placed
not less than 3 feet or particle fallout jar openings net less
than 5 feet, above the supporting roof top.
(42) "Process Unit" - A process unit will include all equipment
and appurtenances for the processing of bulk material which
are united physically by conveyor or chute or pipe or hose
for the movement of product material provided that no portion
or item of the group will operate separately with product
material not common to the group operation. Such a grouping
is considered as encompassing all the equipment used from the
point of initial charging or feed to the point or points
of discharge of material where such discharge will (1) be
stored, or (2) proceed to a separate process, or (3) by
physically separated from the equipment comprising the group.
(43) "Process Weight" means total weight cf the materials, including
solid fuels but not including liquid and gaseous fuels and
combustion air, introduced into any process unit which may
causetany emission into the atmosphere.
(44) "Program Director" means the Program Director of the Lane
Regional Air Pollution Authority, or his deputy acting in his
capacity as such deputy or any staff member acting under orders
of the Program Director.
(45) "p.s.i.a." (pounds per square inch absolate) means intensity of
pressure referred to vacuum as zero.
(46) "Refuse" means unwanted matter,
(47) "Refuse Burning Equipment" means a dev'ce designed to reduce
the volume of solid, liquid or gaseous refuse by combustion.
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(48) "Residual Fuel Oil" means any oil meeting the specifications of
ASTM Grade 4, Grade 5, or Grade 5 fuel oils.
(49) "Ringelii'.ann Chart" means the Ringelmann Smoke Chart with
instructions for use as published in May, 1967, by the United
States Bureau of Mines.
(50) "Rubbish" means non-putrescible wastes consisting of both
combustible and non-combustible wastes, such as but not limited
to ashes, paper, cardboard, glass, cans, bedding, household
articles and similar materials.
(51) "Salvage Operation" means any operation in which combustion is
carried on for the principal purpose, or with the principal result,
of salvaging metals which are introduced into the operation
as essentially pure metals, or alloys thereof, by oxidation of
physically intermingled combustible materials; but excludes
operations in which there is complete fusion of all such metals.
(52) "Smoke" means small gas-borne particles resulting from
incomplete combustion, consisting predominantly of carbon, ash
and other combustible material present in sufficient quantity to
be obserable, or, as suspension in a gas of solid particles
in sufficient quantity to be obserable.
(53) "Special Station" means any station that does not meet the
criteria or purpose of a primary air mass station or a primary
ground level monitoring station.
(54) "Standard Conditions" means a gas temperature of 70 degrees
Fahrenheit and gass pressure of 14.7 pounds per square inch
absolute.
(55) "Standard Cubic Foot" (SCF) means that amount of gas which
would occupy a cube having dimensions of one foot on each side,
if the gas were free of water vapor at standard conditions.
(56) "Suspended Particulate Matter" means that particulate matter
which remains suspended in the atmosphere for a significant length
of time.
(57) "Tempering Oven" means any facility used to bake hardboard
following an oil treatment process.
(58) "Territory" means all areas within the boundaries of Lane
Regional Air Pollution Authority.
(59) "Threshold Level of Olfactory Detection'1 means the odor
perception threshold for 50 percent of the odor panel as
determined by the ASTM procedure DI 391-57 Standard Mehtod of
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Measurement of Odor in Atmospheres (Dilution method), Or an
equivalent method.
(60) "Uncombined Water" means water which is not chemically bound to
a substance.
(61) "Veneer" means a single flat panel of wood not exceeding 1/4 inch
in thickness, formed by slicing or peeling from a log.
(62) "Wigwam Waste Burner" means a burner whic.h consists of a single
combustion chamber, has the general features of a truncated cone,
and is used for incineration of wastes.
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LANE REGIONAL AIR POLLUTION AUTHORITY
16 OAKWAY MALL - EUGENE, OREGON 97401
TITLE 12
(2.0) GENERAL DUTIES AND POWERS OF BOARD AND DIRECTOR.
12-005 DUTIES AND POWERS OF BOARD OF DIRECTORS.
(1) The Lane Regional Air Pollution Authority was established
1 January 1968 in accordance with an agreement between the
governing bodies of Lane County, City of Eugene, and City
of Springfield, under the provisions of, and its authority
and powers are derived from, Oregon Revised Statutes
449.760 to 449.830 and 449.850 to 449.920.
(2) In its exercise of this authority and power, the Lane
Regional Air Pollution Authority:
(a) May apply to and receive funds from the State, from the
Federal Government and from public and private agencies
and expend such funds for the purpose of air pollution
control, studies and research and enter into agreements
with the State or the Federal Government for the purpose
of organizing and operating a regional air pollution
authority.
(b) May adopt rules and standards necessary to:
(A) Require registration of each source and person
who is responsible for the emission of air con-
taminants.
(B) Carry out its functions as authorized by Oregon
Revised Statutes and the Environmental Quality
Commission.
(c) May not adopt any rule or standard that is less strict
than any rule, regulation or standard of the Environmental
Quality Commission.
(d) Must submit to the Environmental Quality Commission for
its approval, all quality and purity of air standards
adopted by the Authority prior to enforcing such
standards.
(e) May enforce its rules and standards over both incor-
porated and unincorporated areas within the territory
of the Authority, regardless of whether the governing
body of a city within the territory of the Authority
is participating in the regional authority.
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(f) Shall enforce the rules, regulations and orders of the
Environmental Quality Commission insofar as it is re-
quired to do so by the Environmental Quality Commission.
(g) May not exercise jurisdiction for air pollution control
over pulp and paper mills, primary metal plants, nuclear
power plants, mobile sources (motor vehicles, air craft,
etc.) and agricultural field burning operations, which
jurisdiction is specifically retained by the Environmental
Quality Commission.
(h) Shall have, except as specifically otherwise retained
by the Environmental Quality Commission, the exclusive
duty and responsibility in the territory of the Lane
Regional Air Pollution Authority to:
(1) Prepare and develop a general comprehensive plan
for the control or abatement of existing air
pollution and for the control or prevention of
any new air pollution in any area in which air
pollution is found already existing or in danger
of existing, recognizing varying requirements
for different areas.
(2) Encourage volunary cooperation by all persons
controlling air pollution and air contaminants.
(3) Encourage the formulation and executive of plans
in conjunction with civic associations of counties.,
cities, industries, and other persons who severally
or jointly are, or may be responsible for, the
source of air pollution, for the prevention and
abatement of air pollution.
(4) Cooperate with the appropriate agencies of. the
United States, the State of Oregon or other cities
or any interested agencies with respect to the
control of air pollution and air contaminants.
(5) Conduct cr cause to be conducted, studies and
research with respect to air pollution sources,
control, abatement or prevention.
(6) Conduct or supervise programs of air pollution
control education including the preparation and
distribution of information regarding air pollu-
tion sources and control.
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(7) Determine by means of field studies and sampling
c'o^r^s of air pollution in the various areas.
(i) Shall have, except as specifically otherwise retained
by the Environmental Quality Commissiton, the exclusive
power in the territory of the Lane Regional Air Pollu-
tion Authority to:
(1) Establish areas and prescribe the degree of air
pollution or air contamination that may be per-
mitted therein as air purity standards for such
areas. In determining air purity standards, the
Authority shall take into account the following
factors:
(a) The quantity or characteristics of air con-
taminants or the duration of their presence
in the atmosphere which may cause air pollu-
tion in the particular area;
(b) Existing physical conditions and topography;
(c) Prevailing wind directions and velocities;
(d) Temperatures and temperature inversion periods,
humidity, and other atmospheric conditions;
(e) Possible chemical reactions between air con-
taminants or between such air contaminants
and air gases, moisture or sunlight;
(f) The predominant character of development of
the area, such as residential, highly developed
industrial area, commercial or other character-
istics;
(g) Availability of air pollution control equipment;
(h) Economic feasibility of air pollution control
equipment;
(i) Effect on normal human health of particular air
contaminants;
(j) Effect, on efficiency of industrial operation
resulting from use of air pollution control
equipment;
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(k) Extent of danger to property in the area
reasonably to be expected from any parti-
cular air contaminants;
(1) Interference with reasonable enjoyment of life
by persons, in the area which can reasonably be
expected from air contaminants;
(m) The volume of air contaminants emitted from a
particular class of air contamination sources;
(n) The economic and industrial development of the
area and the maintenance of public enjoyment
of the area's natural sources;
(o) Other factors which the Authority may find
applicable.
(2) Establish air quality standards for the entire
territory or part thereof which shall set forth
the maximum amount of air pollution permissible in
various categories of air contaminants and may
differentiate between different parts of the
territory, different air contaminants and different
air pollution sources or classes thereof. Such
standards may be changed from time to time by the
Authority following public hearings. Establishment
of such standards shall be prerequiste to any
specific order relating to air pollution in any
area where research has proven that standards can
be established.
(j) Shall have, except as specifically otherwise retained
by the Environmental Quality Commission., the exclusive
power in the territory of the Lane Regional Air Pollution
Authority to enforce the law applicable thereto, and in
particular to:
(1) Formulate, adopt, promulgate, amend and repeal general
rules and regulations which control, reduce or prevent
air pollution in such areas as shall or may be
affected by air pollution, and to include general
provisions applicable for controlling air contaminants
in accordance with the policy and purpose of the Lane
Regional Air Pollution Authority.
(2) Hold public hearings, conduct investigations, sub-
poena witnesses to appear, administer oaths, and
affirmations, take depositions and receive such
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pertinent and relevant proof as it may deem necessary
or proper in order that it may effectively discharge
its duties, powers and responsibilities to control
and abate air pollution.
(3) Make findings of fact and determinations.
(4) Issue orders to require prevention or correction
of air pollution or emissions of air contaminants
which violates the air quality standards of these
rules.
(5) Institute actions for such penalties as are here-
in-after prescribed with respect to a violation of
any provision of any rule or regulation or any
order which it may issue; provided, however, that
no penal action shall be instituted against the
state or any agency, department or bureau thereof,
or against any unit of local government, or an
officer or employee of any of them, for acts, or
omissions or violations done in their official
functions or in performance of their official duties.
(6) Institute or cause to be instituted in a court of
competent jurisdiction, proceedings to compel
compliance with the rules and regulations of the
Authority, the laws of the State of Oregon and the
standards set forth therein.
(7) Institute or cause to be instituted a suit for in-
junction to prevent any further or continued viola-
tion of the air quality standards of these rules or
an order of the Authority, and to compel compliance,
if measures to prevent or correct air pollution or
emission of air contaminants are not taken in accord-
ance with an order of the Authority.
(8) Do any and all other acts and things not inconsistent
with any provisions of these rules which it may deem
necessary or proper for the effective enforcement of
these rules and the applicable lav,1.
(k) The Board shall appoint a Program Director competent in the
field of air pollution control who shall enforce the provi-
sions of these Rules and all orders, ordinances, resolutions,
or regulations of this Authority. The Program Director shall
be the Chief Deputy of the Board of Directors under these
rules and procedures,
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12-010 DUTIES AND FUNCTION OF THE PROGRAM DIRECTOR.
The Program Director shall seek compliance with the air quality standards
of these Rules by cooperation and conciliation among all the parties
concerned. If compliance is not obtained through such means, the Program
Director:
(1) Shall make findings of fact and determination as to non-
compliance with the provisions of these rules which he
may issus informally to the affected parties.
(2) Shall issue Notice of Violation to the person responsible
for an emission of contaminants into the air in violation
of these rules.
(3) Shall send a confirmation letter to the responsible person
by certified mail notifying of the violation, including
the specific source or sources involved, the specific rule
violated, providing general recommendations to accomplish
compliance and requiring a report in writing submitted to the
Program Director describing the actions taken within specific
time periods. The confirmation letter shall provide for
compliance within 20 days from the date of the letter.
Within the 20 days, the person to whom the letter was
directed may apply for additional time, which may be granted
only on a showing of good cause and then only at the discretion
of the Board of Directors.
(4) If a violation occurs after the time period stated in the
confirmation letter and an acceptable proposal for compliance
has not been received, a conference with the Program Director,
or'staff member so designated, and the responsible person
will be set. At least 10 days notice will be given to the
responsible person, setting the date, time and place of the
conference. If the responsible person or his authorized
representative does not present a schedule for compliance
that is acceptable to the Program Director or staff member so
designated, any subsequent violation will be cause for judicial
prdcess to be instituted.
(5) May enter, after four hours notice, if such notice is requested
by the, person responsible for compliance, during operation hours,
any property, premises or place for the purpose of investigating
either an actual or suspected source of air pollution or air
contamination or to ascertain compliance or noncompliance with
these rules or any properly issued order. Upon written notice
to this Authority, any information relating to secret process,
device, or method of manufacturing or production obtained in
the. course of inspection or investigation shall be kept con-
fidential and shall not be made a part of public record or hearing,
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(6) May, as authorized by the Board of Directors, employ persons,
including specialists and consultants, and purchase materials
and supplies necessary to carry out the purposes of these
rules.
(7) Shall recommend to the Board of Directors the adoption of
such rules and procedures as are necessary to facilitate
the equitable administration of these rules within their
intent.
(8) Shall submit to the Advisory Committee and Board of Directors
a monthly and annual report of activities undertaken pursuant
to these rules.
(9) Shall undertake a community eduction program to provide
the citizens of the territory of the Authority with a better
understanding of the nature of air pollution and its control.
(10) Shall advise any fire permit issuing agency having jurisdic-
tion in the territory, that meteorological conditions
existing in a specific area are such that open burning, under
fire permits issued by it, would have an adverse effect
on air quality.
(11) Shall institute or cause to be instituted in the name of the
Authority after approval of the Board a suit for injunction
to prevent any further or continued violation of the Rule
or order.
(12) Shall produce and permit the inspection and copying by any
member of the public, any emission data reported by source
owners or operators or otherwise obtained by the Authority,
except for data which as been determined by the Board to De
'confidential information' pursuant to Section 12-025.
(13) Shall correlate emission data reported by source owners or
otherwise obtained by the Authority with applicable emission
'Miritations or other measures. As used in this paragraph,
'correlate' means to present in such a manner as to show the
relationship between measured or estimated amounts of emis-
sion and the amounts of such emissions allowable under the
applicable emission limitations or other measures.
(14) May impose civil penalties according to the provisions of
ORS 449.967 through 449.970 and scheduled penalties
adopted by the Environmental Quality Commission.
(15) The Program Director may enter during operation hours, onto
property, into premises or places within the territory for
the purpose of investigating either an actual or suspected
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air contaminant source or to ascertain compliance or noncom-
pliance with these rules or any issued order.
(16) The Program Director may affix a seal, stating use is prohi-
bited, to any air contamiant source when requested or
permitted by the owner or operator. A seal may be placed
on a bypass of air pollution control equipment. This seal
may be broken by the responsible party of the air contami-
nant source in the event of an 'upset conditions.
No person shall willfully interfere with or obstruct the actions
of Authority personnel in the performance of any lawful duty.
12-015 CIVIL PENALTIES.
(See Section 12-010 14)
12-020 ADVISORY COMMITTEE
(1) An advisory committee is appointed by the Board of Directors
to advise the Authority in matters pertaining to the air
pollution control program of the Authority and particularly
as to methods and procedures for the protection of public
health and welfare and of property from the adverse effects
of air pollution, and on matters relative to legislation.
(2) The advisory committee shall consist o^" at least seven
members appointed for a term of one year with at least
one representative from each of the following groups
from within the territory of the Authority:
(a) Public Health Service Agents
(b) Agriculture
(c) Industry
(d) Community Planning
(e) General Public
(f) Fire Suppression Agencies
(3) The advisory committee shall select a chairman and vice-
chairman and such other officers as it considers necessary
and shall meet as frequently as it or the Board of Directors
considers necessary. Members shall serve without compensa-
tion.
12-025 CONFIDENTIAL INFORMATION.
Whenever any records or other information furnished to or obtained by the
Authority related to processes or production unique to the owner or
operator, or are likely to affect adversely the competitive position of
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such owner or operator if released to the public or to a competitor, and
the owner or operator of such processes or production submit proof in
writing satisfactory to the Board, such records or information shall be
only for the confidential use of the Authority; provided, however, that
nothing contained in these regulations shall prohibit the Authority from
using such records or information as deemed necessary by the Authority»
in its sole discretion, in the inforcement of provisions of these
regulations or the laws of the State of Oregon against such owner or
operator. Nothing in this section shall be construed to make confidential
any information as to the composition or amount of air contaminant emissions
from any source or sources.
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TITLE 20
410.0) ' INDIRECT SOURCES
20-100 POLICY AND JURISDICTION.
The Environmental Quality Commission (Commission) has found and declared
Indirect Sources to be air contamination sources as defined in ORS
468.275. The Commission has, effective December 20, 1974, authorized
and conferred jurisdiction upon the Authority to perform all or any of
the provisions of these Rules within its boundary, except the Commission
retains jurisdiction of highway sections which cross Authority
boundaries, Until such authority and jurisdiction shall be withdrawn
for cause by the Commission.
20-110 DEFINITIONS.
(1) "Aircraft Operations" means any aircraft landing or takeoff.
(2) "Airport" means any area of land or water which is used or
intended for use for the landing and takeoff of aircraft,
or any appurtenant areas, facilities, or rights-of-way such
as terminal facilities, parking lots, roadways, and aircraft
maintenance and repair facilities.
(3) "Associated Parking" means a parking facility or facilities owned,
operated and/or used in conjunction with an Indirect Source.
(4) "Average Daily Traffic" means the total traffic volume during
a given time period in whole days greater than one day and
less than one year divided by the number of days in that time
period, commonly abbreviated as ADT.
i
(5) "Commence Construction" means to begin to engage in a continuous
program of on-site construction or on-site modifications, includ-
ing site clearance, grading, dredging, or landfilling in prepara-
tion for the fabrication, erection, installation or modification
of an indirect source. Interruptions and delays resulting from
acts of God, strikes, litigation or other matters beyond the
control of the owner shall be disregarded in determining whether
a construction or modification program is continuous.
(6) "C9mmission" means the Environmental Quality Commission.
(7) "Department" means the Department of Environmental Quality.
(8) "Director" means director of the Regional Authority and
authorized deputies or officers.
(9) "Hjghway Section" means a highway of substantial length
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between logical termini (major crossroads, population centers,
major traffic generators, or similar major highway control
elements) as normally included in a single location study
or multi-year highway improvement program.
(10) "Indirect Source" means a facility, building, structure* or
installation, or any portion or combination thereof, which
directly causes or may cause mobile source activity that
results in emissions of an air contaminant for which there
is a state standard. Such Indirect Sources shall include,
bu;t not be limited to:
(a) Highways and roads
(b) Parking Facilities
(c) Retail, commercial and industrial facilities
(d) Recreation, amusement, sports and entertainment facilities.
(e) Airports
(f) Office and Government buildings
(g) Apartment, condominium developments and mobile home parks
(h) Educational facilities
(11) "Indirect Source Construction Permit" means a written permit
in letter form issued by the Authority, bearing the signature
of the Director, which authorizes the permittee to commence
construction of an Indirect Source under construction and
operation conditions and schedules as specified in the permit.
(12) "Mobile Source" means self-propelled vehicles, powered by in-
ternal combustion engines, including but not limited to
automobiles, trucks, motorcycles, and aircraft.
i
(13) "Off-street Area or Space" means any area or space not
located on a public road dedicated for public use.
(14) "Parking Facility" means any building, structure, lot or
portion thereof, designed and used primarily for the temporary
storage of motor vehicles in designated Parking Spaces.
(15) "Parking Space" means an Off- street or Space below, above
or at ground level, open or enclosed, that is used for
parking one motcr vehicle at a time.
(16) "Person" means individuals, corporations, associations, firms,
partnerships, joint stock companies, public and municipal
corporations, political subdivisions, the state and/or agencies
thereof, and the federal government, and any aoencies thereof.
(17) "Population" means that population estimate most recently
published by the Center for Population Research and Census,
Portland State University, or any other population estimate
approved by the Department.
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(18) "Regional Authority" means a regional air quality control
authority established under the provisions of ORS 468.505.
(19) "Regional Parking and Circulation Plan" means a plan developed
by a city, county or regional planning agency, the implemen-
tation of which assures the maintenance of the state's
ambient air quality standards.
(20) "Regional Planning Agency" means any planning agency which
has been recognized as a substate-clearinghouse for the
purpose of conducting project review under the United States
Office of Management and Budget Circular Number A-95, or
othe'r .governmental agency having planning authority.
(21) "Reasonable Receptor and Exposure Sites" means locations
where people might reasonably be expected to be exposed to
air contaminants generated in whole or in part by the
Indirect Source in question. Location of ambient air sampling
sites and methods .of sample collection shall conform to
criteria on file with the Department of Environmental Quality.
(22) "Vehicle Trip" means a single movement by a motor vehicle
which originates or terminates at or uses an Indirect Source.
20-115 INDIRECT SOURCES REQUIRED TO HAVE INDIRECT SOURCE CONSTRUCTION
PERMITS.
(1) The owner, operator or developer of an Indirect Source
identified in subsection 20-115(2) of this section shall not
Commence Construction of such a source after December 31,
1974 without an approved Indirect Source Construction Permit
issued by the Authority.
(2) All Indirect Sources meeting the criteria of this subsection
relative to type, location, size and operation are required
to-apply for an Indirect Source Construction Permit:
(a) The following sources in or within five (5) miles of
the municipal boundaries of the City of Eugene:
(i) Any Parking Facility or other Indirect Source
with Associated Parking being constructed or
modified to create new or additional parking (or
Associated Parking) capacity of SO or more
Parking Spaces.
(ii) Any Highway Section being proposed for construction
with an anticipated annual Average Daily Traffic
volume of 20,000 or more motor vehicles per day
within ten years after complettion, or being
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modified so that the annualAverage Daily
Traffic on that Highway Section will be increased
to 20,000 or more motor vehicles per day or will
be increased by 10,000 or more motor vehicles per
day within ten years after completion.
(b) Except as otherwise provided in this section, the
following sources within Lane County:
(i; Any Parking Facility or other Indirect Source
with Associated Parking being constructed or
modified to create new or additional parking (or
Associated Parking) capacity of 500 or more
parking spaces.
(ii) Any Highway Section being proposed for construc-
tion with an anticipated annual Average Daily
Traffic volume of 20,000 or more motor vehicles
per day within ten years after completion, or
being modified so that the annual Average Daily
Traffic on that Highway Section will be 20,000
or more motor vehicles per day, within ten years
after completion.
(c) Any Airport being proposed for construction with pro-
jected annual Aircraft Operations of 50,000 or more within
ten years after completion, or being modified in any way
so as to increase the projected number of annual Aircraft
Operations by 25,000 or more within 10 years after completion.
(3) Where an Indirect Source is constructed or modified in incre-
ments wnich individually are not subject to review under this
section, and which are not part of a program of construction
or modification in planned incremental phases approved by the
Director, all such increments commenced after January 1, 1975
shall be added together for determining the applicability of
this rule.
(4) An Indirect Source Construction Permit may authorize more than
one phase of construction, where commencement of construction
or modifications of successive phases will begin over
acceptable periods of time referred to in the permit; and
thereafter construction or modification of each phase may be
begun without the necessity of obtaining another permit.
20-120 ESTABLISHMENT OF AN APPROVED REGIONAL PARKING AND CIRCULATION
PLAN(S) BY A CITY, COUNTY OR REGIONAL PLANNING AGENCY.
(1) Any city, (county), or Regional Planning Agency may submit a
Regional Parking and Circulation Plan to the Authority for
approval. Such a plan shall include, but not be limited to-
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(a) Legally identifiable plan boundaries
(b) Reasonably uniform identifiable grids where applicable.
(c) Total parking space capacity allocated to the plan area
(d) An emission density profile for each grid or plan
(e) Other applicable information which would allow evalua-
tion of the plan such as, but not limited to,
scheduling of construction, emission factors, and
criteria, guidelines or ordinances applicable to the
plan area.
(2) The Authority shall hold a public hearing on each Regional
Parking and Circulation Plan submitted» and on each proposed
revocation or substantial modification thereof, allowing at
least thirty (30) days for written comments from the public
and from interested agencies.
(3) Upon approval of a submitted Regional Parking and Circulation
Plan, the plan shall be identified as the approved Regional
Parking and Circulation Plan, the appropriate agency shall be
notified and the plan used for the purposes and implementation
of this rule.
(4) The appropriate city, county or Regional Planning Agency
shall annually review an approved Regional Parking and Cir-
culation Plan to determine if the plan continues to be
adequate for the maintenance of air quality in the plan area
and shall report its conclusion to the Authority.
(5) The Regional Authority shall initiate a review of an
approved Regional Parking and Circulation Plan if it is
determined that the Regional Parking and Circulation Plan
is not adequately maintaining the air quality in the plan
area.
20-125 INFORMATION AND REQUIREMENTS APPLICABLE TO INDIRECT SOURCE(S)
CONSTRUCTION PERMIT APPLICATIONS WHERE AN APPROVED REGIONAL
PARKING AND CIRCULATION PLAN IS ON FILE.
(1) Application Information Requirements:
(a) Parking Facilities and Indirect Sources Other Than
Highway Sections:
i
(i) A completed application form
(ii) A map showing the location of the site
(iii) A description of the proposed and prior use
(iv) A site plan showing the location and quantity of
Parking Spaces at the Indirect Source and Associ-
ated Parking Spaces at the Indirect Source and
Associated Parking areas, points of motor vehicle
ingress and egress to and from the site and Associ
ated Parking.
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(v) A ventilation plan for subsurface and enclosed
parking.
(vi) A written statement from the appropriate planning
agency that the Indirect Source in question is
consistent with an approval Regional Parking and
Circulation Plan or any adopted transportation
plan for the region.
(vii) A reasonable estimate of the effect the project
has on total parking approved for any specific
grid area and Regional Parking and Circulation
Plan area.
(b) Highway Section(s):
(i) Items (i) through (iii) of subsection 20-125(1 )(a).
(ii) A written statement from the appropriate planning
agency that the Indirect Source in question is
consistent with an approved Regional Parking and
Circulation Plan and any adopted transportation
plan for the region.
(iii) A reasonable estimate of the effect the project
has on total vehicle miles traveled within the
Regional Parking and Circulation Plan Area.
(2) Within 51 days after the receipt of an application for a
permit or additions thereto, the Authority shall advise the
owner or operator of the Indirect Source of any additional
information required as a condition precedent to issuance
of a permit. An application shall not be considered complete
until the required information is received by the Authority.
20-129 INFORMATION AND REQUIREMENTS APPLICABLE TO INDIRECT SOURCE(S)
CONSTRUCTION PERMIT APPLICATION WHERE NO APPROVED REGIONAL
PARKING AMD CIRCULATION PLAN IS ON FILE.
(1) Application information requirements:
(a) For Parking Facilities and other Indirect Sources with
, Associated Parking, other than Highway Sections and
Airports, with planned construction resulting in total
parking capacity for 1000 or more vehicles, the following
information shall be submitted:
(i) Items (i) through (v) of subsection 20-125(1 )(a)
(ii) Subsection 20-125(2) shall be applicable
(iii) Measured or estimated carbon monoxide and lead
concentrations at Reasonable Receptor and
Exposure Sites. Measurements shall be made prior
to construction and estimates shall be made for
the first, tenth and twentieth years after the
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Indirect Source and Associated Parking are com-
pleted or fully operational. Such estimates
shall be, made for average and peak operating
conditions.
(iv) Evidence of the compatibility of the Indirect
Source with any adopted transportation plan for
the area
(v) An estimate of the effect of the operation of
the Indirect Source on total vehicle miles
traveled.
(vi) An estimate of the additional residential,
commercial and industrial developments which
may occur concurrent with or as the result of
the construction and use of the Indirect Source.
This shall also include an air quality impact assess-
ment of such development.
(vii) Estimates of the effect of the operation and use
of the Indirect Source of traffic patterns,
volumes, and flow in, on or within one-fourth
mile of the Indirect Source.
(viii) An estimate of the average daily Vehicle Trips,
detailed in terms of the average daily peaking
characteristics of such trips, and an estimate
of the maximum Vehicle Trips, detailed in one
hour and eight hour periods, generated by the
movement of people to and from the Indirect Source
in the first, tenth and twentieth years after
completion.
(ix) A description of the availability and type of
mass transit presently serving or projected to
serve the proposed Indirect Source, This
description shall only include mass transit
operating within 1/4 mile of the boundary of the
Indirect Source.
(x) A description of any emission control techniques
which shall be used to minimize any adverse
environmental effects resulting from the use of
the Indirect Source.
(b) For Parking Facilities and other Indirect Sources with
Associated Parking, other than Highway Sections and
Airports, with planned construction of parking capacity
for 50 to 1000 vehicles; the following information shall
be submitted:
(i) Items (i) through (v) of subsection 20-125(1 )(a)
(ii) Subsection 20-125(2) shall be applicable. Such
additional information may include such items as
(iii) through (x) of subsection 20-129(1)(a).
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(c) For Airports, the following information shall be submitted:
(i) Items (i) through (v) of subsection 20-125(1)(a)
(ii) Subsection 20-125(2) shall be applicable
(iii) A-map showing the topography of the area
surrounding and including the site.
(iv) Evidence of the compatibility of the Airport with
any adopted transportation plan for the area
(v) An estimate of the effect of the operation of
the Airport on total vehicle miles traveled.
(vi) Estimates of the effect of the operation and use
of the Airport on traffic patterns, volumes, and
flow in, on or within one-fourth mile of the
Airport.
(vii) An estimate of the average and maximum number
of Aircraft Operations per day by .type of
aircraft in the first, tenth, and twentieth years
after completion of the Airport.
(viii) Expected passenger loadings in the first, tenth
and twentieth years after completion.
(ix) Measured or estimated carbon monoxide and lead
concentrations at Reasonable Receptor and Exposure
Sites. Measurements shall be made for the first,
tenth, and twentieth years after the Airport and
Associated Parking are completed or fully operational,
Such estimates shall be made for average and peak
operating conditions.
(x) Alternative designs of the Airport, i.e., size,
location, parking capacity, etc., which would
minimize the adverse environmental impact of the
airport. .
(xi) An estimate of the additional residential, com-
merical and industrial development which may occur
within 3 miles of the boundary of the new or
modified Airport as the result of the construction
and use of the Airport.
(xii) An estimate of the area-wide air quality impact
analysis for carbon monoxide, photochemical oxidants,
nitrogen oxides and lead particulate. This analysis
would be based on the emissions projected to be
emitted from mobile and stationary sources within
the Airport and from mobile and stationary source
growth within 3 miles of the boundary cf the Airport.
Projections should be made for the first, tenth, and
twentieth years after completion.
(xiii) A 'description of the availability and type of mass
transit presently serving or projected to serve
the proposed Airport. This description shall
only include mass transit operating within 1/4 mile
of the boundary of the Airport.
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(d) For Highway Sections, the following information shall be
submitted:
(i) Items (i) through (iii) of subsection 20-125(1)(a)
(ii) Subsection 20-125(2) shall be applicable
(iii) A map showing the topography of the Highway Section
and points of ingress and egress
(iv) The existing average and maximum daily traffic on
the Highway Section proposed to be modified
(v) An estimate of the maximum traffic levels for one
and eight hour periods in the first, tenth and
twentieth years after completion.
(vi) An estimate of vehicle speeds for average and
maximum traffic volumes in the first, tenth, and
twentieth years after completion
(vii) A description of the general features of the
Highway Section and Associated right-of-way
(viii) An analysis of the impact of the Highway Section
(ix) Alternative designs of the Highway Section, i.e.,
size, location, etc., which would minimize
adverse environmental effects of the highway
section.
(x) The compatability of the Highway Section with an
adopted comprehensive transportation plan for
the area.
(xi) An estimate of the additional residential, com-
merical, and industrial development which man occur
as the result of the construction and use of the
Highway Section, including an air quality assess-
ment of such development.
(xii) Estimates of the effect of the operation and use
of the Indirect Source of major shifts in traffic
patterns, volumes, and flow in, on or within one-
fourth mile of the Highway Section
(xiii) An analysis of the area-wide air quality impact
for carbon monoxide, photochemical oxidants,
nitrogen oxides and lead particulates in the first,
tenth and twentieth years after completion. This
analysis would be based on the change in total
i vehicle miles traveled in the area selected for
analysis.
(xiv) The total air quality impact (carbon monoxide and
lead) of maximum and average traffic volumes. This
analysis would be based on the estimates of an
appropriate diffusion model at Reasonable Receptor
and Exposure Sites. Measurements shall be made
• . prior to construction and estimates shall be made
for the first, tenth, and twentieth years after the
Highway Section is completed or fully operational
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(xv) Where applicable and requested by the Authority,
an Authority-approved surveillance plan for motor
vehicle related air contaminants.
20-130 ISSUANCE OR DENIAL. OF INDIRECT SOURCE CONSTRUCTION PERMITS.
(1) Issuance of an Indirect Source Construction Permit shall not
relie.ve the permittee from compliance with other applicable
provisions of the Clean Air Act Implementation Plan for Oregon
or the other Rules of this Authority.
(2) Within 20 days after receipt of a complete permit application,
the Authority shall:
(a) .Issue 20-day notice and notify the Administrator of the
Environmental Protection Agency, appropriate newspapers
and any interested person(s) who has requested to receive
such notices in each region in which the proposed
Indirect Source is to be constructed of the opportunity
for written public comment on the information submitted
by the applicant, the Authority's evaluation of the
proposed project, the Authority's proposed decision,
and the Authority's proposed construction permit where
applicable.
(b) Make publicly available in at least one location in
each region in which the proposed Indirect Source would
be constructed, the information submitted by the applicant,
the Authority's evaluation of the proposed project, the
Authority's proposed decision, and the Authority's proposed
construction permit where applicable.
(3) Within 60 days of the receipt of a complete permit application
the Authority shall act to either disapprove a permit applica-
tion or approve it with possible conditions.
(4) Conditions of an Indirect Source Construction Permit may in-
clude, but are not limited to:
(a) Posting transit route and scheduling information.
(b) Construction and maintenance of bur. shelters and turn-out
lanes.
(c) Maintaining mass transit fare reimbursement programs.
(d) Making a car pool matching system available to employees,
shoppers, students, residents, etc.
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(e) Reserving parking spaces for car pools.
(f) Making parking spaces available for park-and-ride stations.
(g) Minimizing vehicle running time within parking lots
through the use of sound parking lot design.
(h) Ensuring adequate gate capacity by providing for the
.proper number and location of entrances and exists and
optimum signalization for such.
(i) Limiting traffic volume so as not to exceed the carrying
capacity of roadways.
(j) Altering the level of service at controlled intersections.
(k) Obtaining a written statement of intent from the appropri-
ate public agency(s) on the disposition of roadway
improvements, modifications and/or additional transit
facilities to serve the individual source.
(1) Construction and maintenance of exclusive transit ways.
(m) Providing for the collection of air quality monitoring
data at Reasonable Receptor and Exposure Sites.
(n) Limiting facility modifications which can take place
without resubmission of a permit application.
(o) Completion and submission of a Notice of Completion form
prior to operation of the facility.
(5) An Indirect Source Construction Permit may be withheld if:
(a) The Indirect Source will cause a violation of the Clean
Air Act Implementation Plan for Oregon.
(b) The Indirect Source will delay the attainment of or
cause a violation of any state or regional ambient air
quality standard.
(c) The Indirect Source causes any other Indirect Scarce or
system of Indirect Sources to violate any state or regional
ambient air quality standard.
(d) The applicable requirements for an Indirect Source
Construction Permit application are not met,
(6) Any owner or operator of an Indirect Source operating without
a permit required by this rule, or operating in violation of
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any of the conditions of an issued permit shall be subject to
civil penalties and/or injunctions.
(7) If the Authority shall deny, revoke or modify and Indirect
Source Construction Permit, it shall issue an order setting
forth its reasons in essential detail.
(8) An Indirect Source Construction Permit Application shall not
be considered complete until the applicant has provided to
the Authority evidence that the Indirect Source in Question
is not in violation of any land use ordinance or regulation
enacted or promulgated by a constitutive local governmental
agency having jurisdiction over the subject real property.
20-135 PERMIT DURATION.
(1) An Indirect Source Construction Permit issued by the Authority
shall remain in effect until modified or revoked by the
Authority.
(2) The Authority may revoke the permit of any Indirect Source
operating in violation of the construction, modification or
operation conditions set forth in its permit.
(3) An approved permit may be revoked without a hearing if con-
struction or modification is not commenced within 18 months
after receipt of the approved permit; and, in the case of a
permit granted covering construction or modification in approved,
planned incremental phases, a permit may be revoked as to any
such phase as to which construction or modification is not
commenced within 18 months of the time period stated in the
initial permit for the commencing of construction of that
phase. The Director may extend such time period upon a
satisfactory showing by the permittee that an extension is
justified.
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LANE REGIONAL AIR POLLUTION AUTHORITY
1 16 OAKWAY MALL - EUGENE, ORGEON 97401
(3.0)' • TITLE 21
(9.0) .
(13.0) REGISTRATION, REPORTS, AND TEST PROCEDURES.
21-005 REGISTRATION OF SOURCES.
(1) Except as otherwise exempted by these rules, each person who
is responsible for emission of air contaminants, whether or not
limits are established by these rules for emission of such
contaminants, shall file with the Program Director on forms
provided by him, (I) the name, address and nature of business,
(2) the name of the local person responsible for compliance with
these rules, (3) information on daily amount of refuse and
methods of refuse disposal, (4) information on fuel used for
space heat, process heat, or power generation, (5) information
on process data and equipment or methods for control of
emissions and (6) such other relevant information requested by
the Program Director.
(2) The registration required in subsection (1) of this section
shall be made within thirty (30) days following the date of
mailing of registration forms by the Program Director.
(3) Every applicant for a building permit, which building will
contain an operation or process resulting in emission of air
contaminants, shall file with said building permit application
on forms provided by the Program Director, information or estimates
relating to (1) type of occupancy (2) name, address and nature of
business, (3) daily amount of refuse and method of disposal, (4)
information on fuel used for space heat, process heat or power
generation, (5) equipment or methods for control of emissions, and
(6) such other relevant information requested by the Program
Di'rector.
(4) Each person subject to the requirements in subsections (1) and (3)
of, this section shall maintain such registration in current
status by re-registering with the Program Director if any
substantial change is made affecting the information on file
furnished in compliance with subsections (1) and (3) of this
section.
(5) Any information relating to secret process, device or method
of. manufacturing or production data submitted in compliance with
subsections (1) and (3) of this section, or in compliance with
any other rule of this Authority, shall be kept confidential
and shall not be a part of a public record or hearing.
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(6) Each registration shall be signed by the owner, lessee or their
agent to verify the registration information^
(7) The following sources of emission of air contaminants shall be
exempt from the registration provisions of these rules:
(a) Internal combustion engines installed in mobile equipment
units.
(b) Ships and aircraft not otherwise included under subsection
(8) The person who has registered pursuant to Section 21-005 of
these Rules shall be the person responsible for compliance with
these Rules.
(9) If no registration has been filed, then the person apparently
in possession of the premises shall be responsible for
compliance with these Rules.
(10) Any person responsible for compliance with the Air quality
standards of these Rules shall determine the means, the methods,
process, equipment and operations to comply with the standards.
21-010 AUTHORITY TO CONSTRUCT,
(1) Except for those sources listed in Section 21-005 of these Rules,
no person shall construct, install or establisn a new air
contaminant source of any class or classes listed in subsection
(2) of this section without first notifying the Authority in
writing.
(2) Classes of Sources
(a) Air Pollution Control Equipment
(b) Fuel burning equipment, (except in one or two family dwellings)
(c) Refuse burning equipment
(d) Process equipment.
(3) For the purpose of this Section, addition to or enlargement or
replacement of an air contamination source, or any major
atleration or modification that significantly affects the
emissions of air contaminants shall be considered as con-
struction or installation or establishment of a new air contaminant
source.
21-015 SUBMISSION OF PLANS AND SPECIFICATIONS .
(1) Plans and specifications, drawn in accordance with acceptable
engineering practices, for any equipment under Section 21-010 of
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these Rules proposed for installation or for modification of
any air pollution control equipment or any incinerator already
installed, shall be submitted to the Program Director for
review prior to construction and installation. Plans and
specifications will include the estimated quantities of input
and output of the air contaminants together with estimated
efficiency of the air pollution control equipment. A descrip-
tion of the process and a related flow chart shall accompany
the plans and specifications for the air pollution control
equipment or incinerators. Sufficient information shall be
included to show that the proposed equipment or control
apparatus will meet the emission standards as now set forth
in these Rules. The Authority may request corrections and
revisions to the plans and specifications, if so necessary to
insure compliance with these Rules. A copy of the plans and
specifications will be retained by the Program Director.
(2) Plans for equipment under Section 21-010 of these rules may be
submitted by the person responsible for compliance with the
provisions of these rules to the Program Director for his review
and opinion as to the adequacy of the equipment.
21-020 NOTICE OF APPROVAL.
The Authority shall, upon determining that the proposed construction
is in the opinion of the Authority in accordance with the provisions of
these rules, promptly notify the person who gave notice that
construction may proceed. Issuance of notice to proceed with
construction shall not relieve the owner of the obligation of
complying with the emission standards of these rules.
21-025 DEVIATION FROM APPROVED PLANS OR SPECIFICATIONS.
Deviation from approved plans or specifications, without the
written permission of the Director or his representative, shall constitute
a violation of'these Rules.
21-030 ORDER PROHIBITING CONSTRUCTION - ORDER POSTING.
(1) If within 60 days of receipt of plans, specifications, or
any subsequently requested revisions or corrections to the
plans and specifications or any other information required
pursuant to this Section, the Authority determines that the
proposed construction, installation or establishment is not
in accordance with the provision of these rules, it shall issue
an order prohibiting the construction, installation, or
•establishment of the air contamination source or sources.
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'(2) .Any person against whom the order is directed may, within 20
days from the date of mailing of the order, demand a hearing.
The demand shall be in writing, shall state the grounds for
hearing and shall be mailed to the Program Director. The
hearing shall be conducted pursuant to the applicable provisions
of ORS Chapter 183.
(3) The Authority may require any order or other notice to be dis-
played on the premises designated. No person shall mutilate,
alter or remove such order, or notice unless authorized to do
so by the Authority.
21-035 NOTICE OF COMPLETION.
Notice shall be provided in writing to the Authority of the completion,
installation or establishment and the date which operation will
commence. The Authority following receipt of notice of completion
shall inspect the construction, installation or establishment.
21-040 COMPLIANCE SCHEDULES.
(1) A reasonable time for compliance with these Rules shall be
allowed by the Program Director to any person who will not be
in compliance with these rules on the effective date, or to
any person found by the Program Director at a later date
not in compliance. The Program Director in his discretion shall
establish a time for compliance which shall include the following:
Time for engineering, time for procurement, time for fabrication,
and time for equipment installation and adjustment.
(2) Persons responsible for emissions which will not be in compliance
with these rules on their effective date, or persons responsible
for emissions found by the Program Director at a later date not
in compliance, shall submit to the Board for approval a schedule
of compliance containing estimates of times as specified in
subsection (1) of this Section. A request to amend the original
schedule for compliance may be submitted within 90 days of the
original request providing that material facts are submitted in
writing indicating a different reasonable schedule required for
compliance. Schedules for compliance become effective only upon
a written order of the Board appended to such schedule. Compliance
schedules providing for final compliance at a date later than 18
months from the date of execution shall contain requirements for
periodic reporting and increments of progress toward compliance,
at intervals of less than 18 months.
(3) If a person who has been given such reasonable time for com-
pliance fails either (1) to comply with the rules by the
time specified, or (2) to make reasonable progress toward com-
pletion, at any phase, of such installations as are required
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for final compliance, the Board may require of such person
such further reports as it deems necessary to show reasonable
progress toward compliance. The Board may,'if it finds un-
reasonable delay, proceed in accordance with the enforcement
procedures contained in these rules.
21-045 SOURCE EMISSION TESTS.
(1) All sampling of particulate matter and other contaminants,
shall be conducted in accordance with methods used by the
Department of Environmental Quality equivalent and acceptable .
methods of measurement. All methods used will be maintained
in a file in the office of the Program Director, which is
available for review by any interested person during normal
office hours.
(2) Upon request of the Program Director, the person responsible
for a suspected source of air pollution shall make or have
made a source test and shall submit a report to the Program
Director describing the nature and quantity of air contaminants
emitted, the specific operating conditions when the test was
made and other pertinent data describing the emissions. The
source shall be evaluated at maximum operating capacities.
The source test measurements shall be conducted in a manner
and with equipment acceptable to the Program Director.
(3) The Program Director may conduct tests of emissions of air con-
taminants from any source, and may require any person in con-
trol of an air contamination source to provide necessary holes
in stacks or ducts and proper sampling and testing facilities,
as may be necessary and reasonable for the accurate determina-
tion of the nature, extent, quantity and degree of air contami-
nants which are emitted as a result of operations of the source.
All sampling and testing shall be conducted in accordance with
measurements acceptable to the Authority.
(4) The Program. Director shall, upon request, supply a copy of the
test results to the person responsible for the source of air
contaminant emissions.
(5) A source test report conducted in accordance with Section 21-045
shall' be submitted to the Program Director before any new in-
cinerator, or an incinerator to which major modifications have
been made, is approved for operation. Upon submission of an
acceptable source test report, the incinerator shall be approved
for use and copies of the approved operating instructions will be
signed by the Program Director. A signed copy of the operating
instructions shall be posted in the immediate vicinity of the
incinerator.
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21-050 UPSET CONDITIONS.
Emissions exceeding any of the limits established in these rules as a
direct result of upset conditions in or breakdown of any operating
equipment or related air pollution control equipment, or as a direct
result of the shutdown of such equipment or scheduled maintenance, may
not be deemed to be in violation of these rules, providing all the
following requirements are met:
(1) Such occurrence shall have been reported to the office of the
Program-Director as soon as reasonably possible; for
scheduled maintenance, such report:
(a) Shall be submitted at least 24 hours prior to shutdown;
(b) Identify the specific facilities to be taken out of
service;
(c) State the nature and quality of emissions of air con-
taminants likely to occur during the shutdown period;
(d) Identify measures, such as the use of off-shift labor
and equipment, that will be taken to minimize the
length of the shutdown period, and where practical,
minimize air contaminant emissions or state the reasons
it would be impractical to shutdown the source of
operation during the maintenance period. For upset
conditions and breakdown such report shall in any case
be made within four hours of the occurrence.
(2) The person responsible for such emission shall, with all
practicable speed, initiate and complete appropriate reason-
able action to correct the conditions causing such emissions
to exceed the limits of these rules and to reduce the fre-
quency of occurrence,of such conditions and shall, upon re-
quest of the Program Director submit in writing a full report
of such occurrence, including a statement.of all known cases
and the nature of the actions to be taken pursuant to the
requirements of this subsection. No later than 48 hours
after the beginning of the breakdown or upset period, the
person responsible for such equipment shall cease or discon-
tinue operation of the equipment or facility. The Director
may, for good cause shown, which include but not be limited
to, equipment availability, difficulty of repair or in-
stallation, and nature and amount of emission, authorize the
extension of the operating period beyond 48 hours under this
subsection for a reasonable period of time as determined by
him to be necessary to correct the malfunction or breakdown.
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(3) Such emission, in the sole judgment of the Program Director,
shall not be harmful to the public health and welfare.
21-055 RECORDS.
The Program Director may from time to time require owners or operators
of stationary sources to maintain records of and periodically report to
him, information on the nature and amount of emission from stationary
and/or such other information as may be necessary to enable the Program
Director to determine whether or not such sources are in compliance with
the rules of this Agency.
21-060 RESTART OF EXISTING SOURCES.
No person shall cause to be emitted any air contaminant from any existing
emission source that has not been operated for a period of six months
prior to such emission without the prior written permission of the
Program Director. The Director's permission shall be based upon evidence
satisfactory to the Director that such emission source shall comply with
these regulations.
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LANE REGIONAL AIR POLLUTION AUTHORITY
16 OAKWAY MALL - EUGENE, OREGON 97401
TITLE 22
(3.0) PERMITS.
22-001 PERMIT POLICY.
(1) Air contaminant discharge permits within the jurisdiction of
this Authority shall be obtained for all air contaminant
sources specified, defined, or referred to in Section 22-010
hereof.
(2) The fees required to obtain permits shall be in accordance with
the amounts, terms and conditions set forth in Section 22-010
hereof, and Table A.
22-005 NOTICE POLICY.
It shall be the policy of the Authority to issue public notice as to
the intent to issue an Air Contaminant Discharge Permit. The public.
notice shall allow 30 days for written comment from the public and from
interested state and federal agencies prior to issuance of the permit.
22-010 PERMIT REQUIRED.
(1) No person shall construct, install, establish, modify or
enlarge, develop or operate any air contaminant source,
including those processes and activities directly related
or associated thereto which are listed in Table A, appended
hereto and incorporated herein by reference, without first
obtaining a permit from the authority.
(2) No person shall modify any source covered by a permit under
these rules such that the emissions are significantly increased
without first applying for and obtaining a modified permit.
(3) Any source listed in Table A may apply to the Authority for a
special letter permit if operating a facility with no, or
insignificant, air contaminant discharges. The determination
of applicability of this special permit shall be made solely
by the Authority. If issued a special permit, the Application
Processing Fee and/or Annual Compliance Determination Fee,
provided by Section 22-020 may be waived by the Regional Authority,
(4) No person shall modify any source covered by a permit under
rules such that, (a) the process equipment is substantially
changed or added to or (b) the emissions are significantly
changed without first notifying the Authority.
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22-015 MULTIPLE SOURCE PERMIT.
(1) When a single site includes more than one of the air
contaminant sources referred to in Section 22-010, a single
permit may be issued including all sources located at the
site. Such applications shall separately identify by sub-
s'ect'ion each air contaminant source included from Section
22-010.
(,a) When a single air contaminant source, which is included
in a multiple-source permit, is subject to permit mod-
ification, revocation, suspension or denial, such action
by the Authority shall only affect that individual source
without thereby affecting any other source subject to
that permit.
(b) When a multiple-source permit includes air contaminant
sources subject to the jurisdiction of the Department
of Environmental Quality and a Regional Authority, the
Department of Environmental Quality requires that it be
the permit issuing agency. The Department and the
Authority shall otherwise maintain and exercise all
other aspects of their respective jurisdictions over
the permittee.
22-020 FEES.
(1) All persons required to obtain a permit shall be subject to
a three-part fee consisting of a. uniform non-refundable
Filing Fee of $25.00, an application processing fee and an
annual compliance determination fee which are determined by
applying Table A which shall be effective January 6, 1976.
The amount equal to the filing fee, application processing
fee, and the annual compliance determination fee shall be
submitted as a required part of any application for a new
permit. The amount equal to the filing fee and the application
processing fee shall be submitted with any application for
modification of a permit. The amount equal to the filing fee
and the annual compliance determination fee shall be submitted
with any application for a renewed permit.
(2) The fee schedule contained in the listing of air contaminant
sources listed in Table A hereof, shall be applied to
determine the permit fees on a standard industrial class-
ification (SIC) pland site basis.
(3) Modifications of existing, unexpired permits which are
instituted by the Authority due to changing conditions or
standards, receipts of additional information or any other
reasons pursuant to applicable statutes and do not require
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re-filing or review of an application or plans and specific-
ations shall not require submission of the Filing Fee or the
Application Processing Fee.
(4) Applications for multiple-source permits received pursuant
to Section 22-010 shall be subject to a single $25.00
Filing Fee. The Application Processing Fee and Annual
Compliance Determination Fee for multiple-source permits
shall be equal to the total amounts required by the individual
sources involved, as listed in Table A hereof.
(5) The Annual Compliance Determination Fee shall be paid at
least 30 days prior to the start of each subsequent permit
year. Failure to timely remit the Annual Compliance
Determination Fee in accordance with the above shall be
considered grounds for not issuing a permit or revoking an
existing permit.
(6) If a permit is issued for a period of less than one (1)
year, the applicable Annual Compliance Determination Fee
Shall be equal to the full annual fee. If a permit is
issued for a period greater than 12 months, the applicable
Annual Compliance Determination Fee shall be prorated by
multiplying of months covered by the permit and dividing by
twelve (12).
(7) In no case shall a permit be issued for more than five (5)
years.
(8) Upon accepting an application for filing, the Filing Fee
shall be non-refundable.
(9) When 'ar air contaminant source which is in compliance with
the rules of a permit issuing agency relocates or proposes
to relocate its operation to a site in the jurisdiction of
this Authority, application may be made and approval may be
given for exemption of the Application Processing Fee.
The permit application and the request for such fee reduction
shall be accompanied by (1) a copy of the permit issued for
the previous location, and (2) certification that the
permittee proposes to operate with the same equipment, at the
same production rate, and under similar conditions at the new
or proposed location. Certification by the agency previously
having jurisdiction that the source was operated in compliance
with all rules and regulations will be acceptable should the
previous permit not indicate such compliance.
(10) If a temporary or conditional permit is issued in accordance
with adopted procedures, fees submitted with the application
for an air contaminant discharge permit shall be retained
and applicable to the regular permit when it is granted or denied,
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(11) All fees shall be made payable to the permit issuing agency.
22-025 PROCEDURES FOR OBTAINING PERMITS.
Submission and processing of applications for permits and issuance,
denial, modification, and revocation of permits shall be in accordance
with duly adopted procedures of this Authority.
22-030 OTHER REQUIREMENTS.
Prior to construction, installation, establishment, modification or
enlargement of any air contaminant source referred to in Section 22-010
of facilities for controlling, treating or otherwise limiting air contami-
nant emissions fror air contaminant sources referred to in Section 22-010
detailed plans and specifications shall be submitted to and approved in
writing by the Authority upon request as required by Title 21 of these
Rules and Regulations.
22-035 REGISTRATION EXEMPTION.
Air contaminant sources constructed and operated under a permit issued
pursuant to these regulations may be exempted from Registration as
required by Title 21 of these Rules and Regulations.
22-040 APPLICATION FOR A PERMIT.
(1) The Authority's permit program, including proposed permits and
proposed revised permits, shall be submitted to the Environmental
Quality Commission for review and approval prior to final adoption
by the Authority. Each permit issued by the Authority shall by
its conditions, authorize the permittee to construct, install,
modify or operated specified facilities, conduct specified
activities, or emit, discharge or dispose of air contaminants in
accordance with specified practices, limitations or prohibitions.
(2) Each permit proposed to be issued or revised by this Authority
shall be submitted to the Department of Environmental Quality
at least fourteen (14) days prior to the proposed issuance date.
Within the fourteen (14) day period, the Department shall give
written notice to the Authority of an objection the Department
has to the proposed permit or revised permit or its issuance.
No permit shall be issued by the Authority unless all objections
thereto by the Department shall be resolved prior to its issuance.
If the Department does not make any such objection, the proposed
permit or revised permit may be issued by the Authority.
(3) If there is an objection by the Department regarding a proposed
or revised permit, the Department shall present, its objection
before the Board, of the Authority prior to the issuance of a
final permit.
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(4) If a result of objection by the Department regarding a
proposed or revised permit, the Authority is unable to
meet the time provisions of either this regulation or those
contained in an existing permit, the Authority shall issue
a temporary permit for a period not to exceed 90 days.
(5) The Authority shall give written notice to the Department
of its intention to deny an application for a permit, not
to renew a permit, or to revoke or suspend any existing
permit,
(6) A copy of each permit issued or revised by the Authority
pursuant to this section shall be promptly submitted to
the Department.
22-045 ISSUANCE, RENEWAL OR MODIFICATION OF A PERMIT.
(1) No permit will be issued to an air contaminant source which
is not in compliance with applicable rules unless a compliance
schedule is made a condition of the permit.
(2) The procedure for issuance of a permit shall apply to renewal
of a permit.
(3) The Authority may institute modification of a permit due to
changing condition or standards, receipt of additional informa-
tion or any other reason, by notifying the permittee by
registered or certified mail of its intention to modify the
permit. Such notification shall include the proposed modifica-
tion and the reasons for modification. The modifications shall
become effective 20 days from the date of mailing of such notice
unless within the time the permittee requests a hearing. Such
a request for hearing shall be made in writing and shall be
conducted pursuant to the regulations of the Authority. A
copy of the modified permit shall be forwarded to the permittee
as soon as the modification becomes effective. The existing
permit shall remain in effect until the modified permit is issued.
22-050 DENIAL OF A PERMIT.
If the Authority proposed to deny issuance of a permit, it shall notify
the applicant by registered or certified mail of the intent to deny and the
reasons for denial. The denial shall become effective 20 days from the
date of mailing of such notice unless within that time the applicant
requests a hearing. Such a request for hearing shall be made in writing
and shall state the ground for the request. Any hearing held shall be
conducted pursuant to the Rules of the Authority.
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22-055 SUSPENSION OR REVOCATION OF A PERMIT.
(1) In the event that it becomes necessary to suspend or revoke
a permit due to non-compliance with the terms of the
permit unapproved changes in operation, false information
submitted in the application, or any other cause, the
Agency shall notify the permittee by registered or certified
mail of its intent to suspend or revoke the permit. Such
notification shall include the reasons for the suspension
or revocation. The suspension or revocation shall become
effective 20 days from the date of mailing of such notice
unless within that time the permittee requests a hearing.
Such a request for hearing shall be made in writing and
shall state the grounds for the request.
(2) If the Board finds that there is a serious danger to the
public health or safety or that irreparable damage to a
resource will occur, it may suspend or revoke a permit
effective immediately. Notice of such suspension or
revocation must state the reasons for such action and
advise the. permittee that he may request a hearing. Such
a request for hearing shall be made in writing within 90
days of the date of suspension and shall state the grounds
for the request.
(3) Any hearing requested under this Chapter shall be conducted
pursuant to the rules of the Authority.
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LANE REGIONAL AIR POLLUTION AUTHORITY
TABLE A - AIR CONTAMINANT SOURCES AND
ASSOCIATED FEE SCHEDULE
Air
Contaminant
Source
Standard
Industrial
Classification
Number
8.
9,
Seed cleaning located
in Special Control
Areas (not elsewhere
Included)
Minerals, earth and
rock ground or other-
wise treated
0723
1442
3273
3295
Smoke Houses with 5
or more employees 2013
Flour and other grain
mill products in Special
Control Areas. 2041
a. 10,000 or more T/yr.
b. Less than 10,000 T/yr.
Prepared feeds for
animals and fowl in
Special Control Areas. 2043
a. 10,000 or more T/yr.
b. Less than 10,000 T/yr.
Cereal preparations in
Special Control Areas 2043
Blended and prepared
flour in Special Control
Areas. 2045
a. 10,000 or more T/yr.
b. Less than 10,000 T/yr.
Beet sugar Manufacturing 2063
Rendering plants 2077
Application
Investigation
and Permit
Issuing or
Denying Fee
100
75
250
50
250
50
250
250
50
150
150
Annual
Permit
Compliance
Determination
Fee
75
50
150
50
150
50
150
150
50
100
100
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Standard
Application
Investigation
Annual
Permit
Air ' Industrial
Contaminant Classification
Source Number
10.
11.
12.
13.
14.
15.
16.
17.
18.
19.
20.
21.
22.
23.
Coffee Roasting
Sawmill and
planning
a. 25,000 or more
bd/ft. shift
b. Less than 25,000
bd/ft. shift
Hardwood Mills
Shake & Shingle Mills
Mi 11 work with 10
employees or more
Plywood Manufacturing
Veneer Mfg. only (not
elsewhere included)
Wood preserving
Particleboard Mfg.
Hardboard Mfg..
Battery separator Mfg.
2095
2421
2421
2429
2431
2435
2436
2435
2436
2491
2492
2499
2499
Furniture & Fixtures' 2511
a. 100 or more emoloyees2512
b. 10 employees or more
but less than 100 employees
Sulfite pulp & paper
production
Kraft Pulp and paper
production i
2611
2621
2631
2611
2621
2631
and Permit
Issuing or
Denying Fee
$ 100
75
25
50
50
75
150
75
75
300
200
75
125
75
300
300
Compl iance
Determination
Fee
$ 75
50
25
25
25
50
100
75
50
150
100
50
100
50
175
175
24. Building paper and
building board mills
2661
150
100
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Standard
Application
Investigation
Annual
Permi t
Air Industrial
Contaminant Classification
Source Number
25.
26.
27.
28.
29.
30.
31.
32.
33.
34.
35.
36.
37.
38.
39.
40.
41.
42.
Al kalies and chlorine
manufacturing
Calcium carbide
manufacturing
Nitric acid Mfg.
Ammonia Mfg.
Industrial inorganic
and organic chemicals mfg
(not elsewhere included)
Synthetic resin Mfg.
Charcoal Mfg.
Herbicide Mfg.
Petroleum refining
Asphalt production
by distillation -
Asphalt blowing plants
Asphaltic concrete
paving plants
Asphalt felts & coating
Glass Manufacturing
Cement mfg.
Redimix concrete
Lime Manufacturing
Gypsum Products
2812
2819
2819
2819
.
2819
2821
2861
2879
2911
2992
2951
2951
2951
2952
3231
3241
3273
3274
3275
and Permit
Issuing or
Denying Fee
S 225
f>
225
100
200
250
100
200
225
450
100
75
100
100
150
100
300
75
150
100
Compliance
Determination
Fee
$ 175
150
75
125
125
100
100
175
325
75
50
75
100
100
75
150
50
100
75
43. Steel works, rolling
and finishing mills
3312
300
175
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Air
Contaminant
Source
Standard
Industrial
Classification
Number
44. Incinerators
. a. 2,000 Ibs/hr. and
greater capacity
b. 40 Ibs/hr. to 2,000
45. Primary smelting . 3313
and refining of ferrous 3339
and nonferrous metals not
elsewhere classified.
a. 2,000 or more tons
per year production
b. . Less than 2,000 Tons
per year production
46. Gray iron and steel
foundries ,'
a. 3,500 or more tons
per year production
b. Less than 3,500 tons
per year production
47. Primary aluminum
production
48. Secondary lead smelting
49. Aluminum foundries
(not elsewhere included)
i i i
50. Brass and bronze
foundries
51. Electroplating,'polishing
and anodizing with 5 or
more employees . 3471
52. Galvanizing and pipe
coating — exclude all
other activities 3479
I
53. Battery Mfg. 3691
54. Grain elevators -
storage only located in
Special Control Areas. 4221
Application
Investigation
and Permit
Issuing or
Denying Fee _
100
75
75
75
100
Annual
Permit
Compliance
Determination
Fee
100
50
3321
3322
3324
3325
3334
3341
3361
3362
300
100
300
100
300
225
75
75
150
75
150
100
175
175
50
50
50
50
75
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Air
Contaminant
Source
Standard
Industrial
Classification
Number
54. a. 20,000 or more T/yr.
B. Less than 20,000 T/yr.
55. Electric power
generation 4911*
56. Gas production and/or
manufacturing 4925
57. Fuel burning
equipment 4961**
a. Residual oil
1. 250 million or more
btu/hr. (heat input)
2. 5 million or more
but less than 250 million
btu/hr. (heat input)
3. Less than 5 million
btu/hr, (heat input)
b. Distillate oil
1. 250 mill ion' or more
btu/hr. (heat input)
2. 5 million or more
but less than 250 million
btu/hr. (heat input)
c. Wood fired
1. 250 million or more
btu/hr. (heat input)
2. 5 million or more but
less than 250 million btu/hr.
(heat input)
3. Less than 5 million
btu/hr. (heat input)
d. Coal fired
1. 250 million or more
btu/hr. (heat input)
2. 5 million or more but
less than 250 mill ion
btu/hr. (heat input)
3. Less than 5 million
btu/hr. (heat input)
Application
Investigation
and Permit
Issuing or
Denying Fee
$ 150
50
350
350
150
100
25
150
25
150
100
.25
150
100
25
Annual .
Permit
Compliance
Determination
Fee_
$ 100
50
225
225
100
50
25
100
25
100
50
25
100
50
25
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Air
Contaminant
Source
Standard
Industrial
Classification
Number
58. Grain elevators -
primary engaged in
buying and/or marketing grain—
in Special Control Areas. 5153
a. 20,000 or more T/yr.
b. Less than 20,000 T/yr.
Application
Investigation
and Permit
Issuing or
Denying Fee
300
50
Annual
Permit
Compliance
Determination
Fee
225
50
*Excluding hydroelectric and nuclear generating projects, and
limited to utilities.
**Not limited to fuel burning equipment generating steam for sale
but excluding power generation (SICM911).
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LANE REGIONAL AIR POLLUTION AUTHORITY
16 OAKWAY MALL - EUGENE, OREGON 97401
TITLE 23
(5.0) VARIANCES.
23-005 CONDITIONS FOR GRANTING.
The Board of Directors may grant specific variances from the particular
requirements of any rule, regulation or order to such specific person or
class of persons or such specific air contamination source, upon such
conditions as it may deem necessary to protect the public health and
welfare, if it finds that strict compliance with such rule, regulation
or order is inappropriate because of conditions beyond the control of
the persons granted such variance or because of special circumstances
which would render strict compliance unreasonable, burdensome or im-
practical due to special physical conditions or cause, or because strict
compliance would result in substantial curtailment or closing down of a
business, plant or operation, or because no other alternative facility
or method of handling is yet available. Such variances may be limited in
time.
23-010 PROCEDURES FOR REQUESTING.
Any person requesting a variance shall make his request in writing and
shall state in a concise manner the facts to show cause why such
variance should be granted.
f
23-015 PERIOD OF VARIANCE.
Variances shall be for a period of time not to exceed twelve months, but
may be renewed for a similar period of time by the Board of Directors upon
reapplications.
23-020 REVOCATION OR MODIFICATION.
A variance granted may be revoked or modified by the Board of Directors
after a public hearing held upon not less than 10 days notice. Such
notice shall be served upon the holder of the variance and all persons
who have filed with the Board of Directors a written request for such
notification.
23-025 FILING AND REVIEW.
A copy of each variance granted shall be filed with the Department of
Environmental Qualtiy within 15 days after being granted.
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LANE REGIONAL AIR POLLUTION AUTHORITY
16 OAKWAY MALL - EUGENE, OREGON 97401
TITLE 31
(4.0) AMBIENT AIR STANDARDS.
31-005 GENERAL.
No person shall, cause, let, permit, suffer or allow any emission which
emission by itself or with other emissions which are present in the
ambient air, are in excess of the standards enumerated in this section;
provided that the ambient air standards shall not be enforceable on the
property surrounding the emission point, if such property is contiguous to
that on which the emission point is located and is in the exclusive
possession and control of the person responsible for the emission.
31-010 PARTICEL FALLOUT.
The particle fallout rate at a primary air mass station, primary ground
level station, or special station, shall not exceed:
(1) 10 grams per square meter per month in an industrial area, or
(2) 5.0 grams per square meter per month in an industrial area if
visual observations show a presence of wood waste or soot and
the volatile fraction of the sample exceeds seventy percent
(70%).
(3) 5 grams per square meter per month in residential and commercial
areas', or
(4) 3.5 grams per square meter per month in residential and commercial
areas if" visual observations show the presence of wood waste or
soot and the volatile fraction of the sample exceeds seventy
percent (70%).
(5) Concentrations of calcium oxide present as particle fallout at a
primary air mass station, primary ground level station, or special
station, shall not exceed 0.35 grams per square meter per month
in residential and commercial areas.
31-015 SUSPENDED PARTICULATE MATTER.
Concentrations of suspended particulate matter at a primary air mass
station shall not exceed:
(1) 60 micrograms per cubic meter of air, as an annual geometric
mean for any calendar year.
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(2) 100 micrograms per cubic meter of air, 24 hour concentration
for more than 15 percent of the samples collected in any
calendar month.
(3) 150 micrograms per cubic meter of air, 24 hour concentrations,
more than once per year.
(4) Concentrations of calcium oxide present as suspended particulate
at a primary air mass station shall not exceed 20 micrograms per
cubic meter in residential and commercial areas at any time.
31-020 ODORS.
(1) No person shall cause or permit the emission of odorous matter
(a) in such manner as to cause a public nuisance or
contribute to a condition or air pollution, or
(b) that occurs for sufficient duration or frequency so
that two measurements made within a period of one (1)
hour, separated by not less than 15 minutes, are
equal to or greater than a Scentometer No. 6 or
equivalent dilution, in areas used for residential,
commercial, industrial park or other similar purposes.
(2) In other industrial areas, the release of odorous matter shall
be prohibited if equal, to or greater than a Scentometer No. 2
odor strength or equivalent dilution.
31-025 SULFUR DIOXIDE.
Concentrations of sulfur dioxide at a primary air mass station, primary
ground level station, or special station, shall not exceed:
(1) 60 micrograms per cubic meter of air (0.02 ppm), annual
arithmetic mean.
(2) 260 micrograms per cubic meter of air (0.10 ppm), maximum
24 hour average more than once per year.
(3) 1300 micr.ograms per cubic meter of air (0.50 ppm), maximum
3 hour average, more than once per year.
31-030 CARBON MONOXIDE.
Concentrations of carbon monoxide at a primary air mass station or primary
ground level stations shall not exceed:
(1) 10 miligrams per cubic meter of air (8.7 ppm), maximum
8 hour average, more than once per year.
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(2) 40 miligrams per cubic meter of air (35 ppm), maximum
1 hour average, more than once per year.
31-035 PHOTOCHEMICAL OXIDANTS.
Concentrations of photochemical oxidants at a primary air mass station
shall not exceed 160 micrograms per cubic meter (0.08 ppm), maximim
1 hour average, more than once per year.
31-040 HYDROCARBONS.
Concentrations of hydrocarbons at a primary air mass station, as measured
and corrected for methane, shall not exceed 160 micrograms per cubic
meter of air (0.24 ppm), maximum 3 hour concentration measured from
0600 to 0900, not to be exceeded more than once per year.
31-045 NITROGEN DIOXIDE.
Concentrations of nitrogen dioxide at a primary air mass station shall not
exceed 100 micrograms per cubic meter of air (0.05 ppm), annual arithmetic
mean.
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LANE REGIONAL AIR POLLUTION AUTHORITY
16 OAKWAY MALL - EUGENE, OREGON 97401
TITLE 32
(50.0) EMISSION STANDARDS
i
32-005 GENERAL
(1) Notwithstanding emission standards of these Rules and
Regulations, no person shall cause or permit emissions
from any air contaminant source whatsoever which cause or
is likely to cause injury, or detriment, or nuisance to
the public or which have a natural tendency to cause
injury or damage to business or property whatsoever.
(2) Compliance with a specific emission standard in these
Rules does not preclude required compliance with any
other applicable emission standard.
32-010 RESTRICTION -ON EMISSION OF VISIBLE AIR CONTAMINANTS;
EXCEPTIONS.
(1) All sources other than existing fuel-burning equipment
utilizing wood wastes and veneer dryers. Except as provided
in Subsection (2) and (3), no person maintaining, owning or
operating any source of emission shall discharge into the
atmosphere from any single source of emission whatsoever
any air contaminant for a period or periods aggregating more
than three minutes in any one hour, except for incinerators
which shall not be more than one minute in any one hour,
which is:
(a) As dark or darker in shade than that designated as No. 1
on the Ringelmann Chart; or
(b) Equal to or greater than 20 percent opacity.
(2) Existing Fuel Burning Equipment Utilizing Wood Wastes.
A person shall not discharge into the atmosphere from any
single source of emission whatsoever any air contaminant
for a period or periods aggregating more than three minutes
in any one hour which is:
(a) As dark or darker in shade than that designated as No. 2
on the Ringelmann Chart; or
(b) Equal to or greater than 40 percent opacity.
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(3) No person shall cause to be emitted from any veneer dryer,
visible air contaminants of an opacity equal to or greater than
20 percent for a period or periods aggregating more than 3
minutes in any one hour. No person shall cause to be emitted
from any veneer dryer constructed or installed after March 1,
1972 .visible air contaminants of an opacity exceeding 10 percent
for a period or periods aggregating more than 3 minutes in one
hour. No person shall attempt to comply with the requirements of
this subsection by dilution with outside air or by otherwise
increasing the exhaust gas volume above that generally occur
under normal operating conditions. Every person operating a
veneer dryer shall submit to the Authority by no later than
December 31, 1972, a specific detailed schedule of compliance.
The schedule shall provide for compliance with the applicable
provisions at the earliest practicable date, consistent with
local'air quality conditions and the difficulty and complexity
of compliance, and shall, employ the highest and best practicable
treatment and control. In no case shall final compliance be
achieved by later than December 31, 1974.
32-025 EXCEPTION - VISIBLE AIR CONTAMINANT STANDARDS.
Uncombined Water
Where the presence of uncombined water is the only reason for failure
of an emission to meet the requirements of Section 32-010, (1), (2)
or (3), such section shall not apply.
32-030 PARTICULATE MATTER WEIGHT STANDARDS.
Notwithstanding emission limits of Section 32-045, 32-035, 32-040
particulate emission from any existing source shall not exceed 0.2
grain per cubic foot or 0.1 grain per cubic foot for new sources,
corrected to standard conditions of temperature and pressure.
32-035 PARTICULATE MATTER WEIGHT STANDARDS^- EXISTJNG SOURCES.
The maximum allowable emission of particulate matter from any existing
source shall not exceed 0.2 grain per cubic foot .of exhaust gas, adjusted
to 50 percent excess air or calculated to 12 percent carbon dioxide.
32-040 PARTICULATE MATTER WEIGHT STANDARDS - NEW SOURCES.
The maximum allowable emission of particulate matter from any new
combustion source shall not exceed 0.1 grain per cubic foot of exhaust
gas, adjusted to 50 percent excess air or calculated to 12 percent
carbon dioxide.
32-045 PROCESS WEIGHT EMISSION [.IMITATIONS.
(1) The maximum allowable emissions of particulate matter for
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specific processes shall be a function of process weight and
shall be determined from Table 1.
(2) The maximum allowable emissions of particulate matter from
hot mix asphalt plants shall be determined from Table 1 except
that the maximum allowable particulate emissions from
processes greater than 60,000 pounds per/hour shall be limited
to 40 pounds per/hour.
32-055 PARTICULATE MATTER SIZE STANDARD.
No person shall1 cause or permit the emissions of any particulate matter
which is greater than 250 microns in size provided such particulate matter
does or will deposit upon the real property of another person.
32-060 AIRBORNE PARTICULATE MATTER.
(1) No person shall cause or permit particulate matter to be
handled, transported, or stored without taking necessary
precautions to prevent particulate matter from becoming
airborne to the outdoor atmosphere.
(2) No person shall cause or permit a building or its appurte-
nances or a road to be constructed, altered, repaired or
demolished without taking necessary precautions to prevent
particulate matter from becoming airborne to the outdoor
atmosphere if such release becomes a public nuisance.
(3) No person shall cause or permit particulate matter from
becoming airborne, from open areas located within a private
lot or private roadway if such release becomes a public
nuisance.
32-065 SULFUR DIOXIDE EMISSION LIMITATIONS.
(1) Fuel Burning Equipment: The following emission standards
are applicable to new sources only:
(a) For fuel burning equipment having more than 150 million
BTU per hour heat input, but not more than 250 million
BTU per hour input, no person shall cause, suffer, allow
or permit the emission into the atmosphere of sulfur
dioxide in excess of:
(A) 1.4 Ib. per.mi Hi on BTU heat input, maximum 2-hour
average, when liquid fuel is burned.
(B) 1.6 Ib. per million BTU heat input, maximum 2-hour
average, when solid fuel is burned.
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(b) For fuel burning equipment having more than 250
million BTU per hour heat input, no person shall cause,
suffer, allow or permit the emission into the atmosphere
of sulfur dioxide in excess of:
(A) 0.8 Ib. per million BTU heat input, maximum 2-hour
average, when liquid fuel is burned.
(B) 1.2 Ib. per million BTU heat input, maximum 2-hour
average, when solid fuel is burned.
i
(2) No person shall cause or permit emission of sulfur dioxide in'
excess of 1000 ppm from any air contamination source.
32-070 OTHER EMISSIONS.
(1) No person shall discharge from any source whatsoever such
quantities of air contaminants which cause injury, detriment,
public nuisance or annoyance to any persons or to the public
or which cause injury or damage to business or property; such
determination to be made by the Authority.
(2) No person shall cause or permit emission of water vapor if
the water vapor causes, or tends to cause detriment to the
health, safety or welfare of any person or causes, or tends to
cause damage to property or business.
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TABLE 1
Process
Lbs/Hr.
50
TOO
150
200
250
300
350
400
450
500
550
600
650
700
750
800
850
900
950
1000
1100
1200
1300
1400
1500
1600
1700
1800
1900
2000
2100
2200
Emission
Lbs./1-ir.
0.24
0.46
0.66
0.85
03
20
35
50
63
77
85
01
12
24
34
43
53
62
72
80
97
1?.
26
40
54
66
79
91
03
,14
4.24
4.34
f Participate Emissii
Process
Lbs/Hr.
2300
2400
2500
2600
2700
2800
2900
3000
3100
3200
3300
3400
3500
3600
3700
3800
3900
4000
4100
4200
4300
4400
4500
4600
4700
4800
4900
5000
5500
6000
6500
7000
Emission
Lbs/Hr.
4.44
4.55
4.64
4.74
4.84
4.92
5.02
5.10
5.18
5.27
5.36
5.44
5.52
5.61
5.69
5.77
5.85
5.93
6.01
6.08
6.15
6.22
6.30
6.37
6.45
6.52
6.60
6.67
7.03
7.37
7.71
8.05
- Based on Process Weight
Process
Lbs/Hr.
Emission
Lbs.Hr.
7500
8000
8500
9000
9500
10000
11000
12000
13000
14000
15000
16000
17000
18000
19000
20000
30000
40000
50000
60000
70000
80000
90000
100000
120000
140000
160000
200000
1000000
2000000
6000000
8.39
8.71
9.03
9.36
9.67
10.00
10.63
11.28
11.89
12.50
13.13
13.74
14.36
14.97
15.58
16.19
22.22
23.30
34.30
40.00
41.30
42.50
43.60
44.60
47.30
47.80
49.00
51.20
69.00
77.60
92.70
Interpolation and extrapolation of emissions above a process weight
of 60,000 pounds per hour shall be accomplished by use of this equation:
E = (55.0 x'p ) - 40, where P = process weight in tons per hour
and E = emission rate in pounds per hour.
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1 LANE REGIONAL AIR POLLUTION AUTHORITY-
16 OAKWAY MALL - EUGENE, OREGON 97401
TITLE 33
(51.21 ) PROHIBITED PRACTICES AND CONTROL OF SPECIAL CLASSES.
33-005 OPEN OUTDOOR FIRES - GENERAL.
(1) No person shall ignite, cause to be ignited, permit to be
ignited, or suffer, allow or maintain any open outdoor
fire anywhere in the territory of the Lane Regional Air
Pollution Authority, unless specifically regulated or
allowed by other sections of these Rules, or they have
obtained a variance pursuant to Title 23 of these Rules.
(2) No open outdoor fire allowed by this Rule anywhere in the
territory shall contain garbage, asphalt, petroleum products,
paints, rubber products, plastic or any substance or
material which normally emits dense smoke or abnoxious
odors.
(3) Open outdoor fires allowed by those Rules are not exempted
from fire or burning permit requirements, or other appli-
cable requirements, restrictions or limitation of fire
prevention and protection agencies.
(4) No open outdoor fire shall be allowed within the territory
on any day when the Program Director advises fire permit
issuing agencies to not issue permits because such pract-
1 tices would have an adverse effect on air quality.
(5) Open outdoor fires in violation of these Rules shall be
immed.iately extinguished by the responsible persons upon
notice by the Program Director or his representative.
(6) No person shall ignite, cause to be ignited, permit to be
ignited, or suffer, allow or maintain any open outdoor fire
containing grass, grain, stubble or other agricultural related
combustible material except as authorized and permitted by
Oregon Revised Statutes, Chapters 449, 476, 477, and 478.
(7) An open outdoor fire ignited, caused to be ignited, or suffered,
allowed or maintained by an officer of a fire permit issuing
agency for the prevention or elimination of a fire hazard is
allowed throughout the territory after notification to the
Prograrr Director.
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(8) No person shall ignite, cause to be ignited permit to be
ignited, or suffer, allow or maintain any open outdoor fire
as pa'rt of any non-agricultural debris clearing operation
in Air Pollution Control Area "3" after August 15, 1970.
(9) Np person shall ignite, cause to be ignited,, permit to be
ignited, or suffer, allow or maintain any open outdoor fire
of motor vehicle bodies, and/or associated parts, railway
cars, insulated wire, electric motors and coils or any other
salvage materials in any Air Pollution Control Area.
(10) A fire ignited caused to be ignited, or suffered, allowed,
or maintained by an officer of a fire-permit issuing agency
for the purpose of training local government employees or
volunteers, civil defense volunteers or employees of private
concerns in methods of fire fighting, is allowed in all areas
after notification to the Program Director.
(11) Evidence that the legal occupant of the premises on which the
burning occurs has failed to immediately extinguish the open
outdoor fire thereon is prima facie evidence that such person
was maintaining such fire.
33-010 OPEN OUTDOOR FIRES - DOMESTIC.
(1) No person shall ignite, cause to be ignited, permit to be
ignited or suffer, allow or maintain any open outdoor fire
containing domestic rubbish in Air Pollution Control Area
"1".
(2) No person shall ignite, cause to be ignited, permit to be
ignited or suffer, allow or maintain any open outdoor fire
containing domestic yard trimmings in Air Pollution Control
Area "1" on any day that the Program Director or his auth-
orized representative, advises fire permit issuing agencies
to not issue permits because such practices would have an
adverse effect on air quality. All such burning shall be
prohibited between July 1st and October 31st of any year.
(3) A bonfire or similar small fire (less than 2 cubic yards of
fuel) for recreational purposes is allowed throughout the
territory provided applicable requirements, restrictions or
limitations of fire prevention and fire control agencies are
met. Larger fires require written approval of fire permit
issuing agency and the Lane Regional Air Pollution Authority.
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33-015 OPEN OUTDOOR FIRES - COMMERCIAL, GOVERNMENTAL, OR
INDUSTRIAL RUBBISH.
(1) No person shall ignite, cause to be ignited, permit to be
ignited or suffer, allow or maintain any open outdoor fire
containing rubbish from commercial, governmental or indus-
trial sources in Air Pollution Area "1", or, without the
prior written authorization of the Program Director, in
Air Pollution Control Area "2". Suitable conditions re-
lating to the time and place of such burning in Area "2"
may be imposed by the Program Director.
(2) No person shall ignite, cause to be ignited, or suffer, allow
or maintain any open outdoor fire in or at any refuse disposal
site or refuse dump in any Air Pollution Control Area after
January 1, 1971.
33-020 INCINERATOR AMD REFUSE BURNING EQUIPMENT.
(1) No person shall cause, permit or maintain any emission from
any refuse burning equipment which does not comply with the
emission limitations of these Rules.
(2) Every person operating refuse burning equipment shall be
able at all times during the operation to know the appear-
ance of the emissions.
(3) Refuse Burning Hours:
(a) No person shall permit or maintain the operation of
refuse burning equipment at any time other than 1/2
hour after sunrise to 1/2 hour before sunset, except
with prior approval of the Authority.
(h1) Approval of the Authority for the operation of such
equipment may be granted upon the submission of a
written request giving:
(A) Name and address of the applicant.
(B) Location of the refuse burning equipment.
(C) Description of refuse burning equipment and its
control apparatus.
(D) Type and quantity of refuse.
(E) faood cause for issuance of such approval.
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(F) Hours, other than daylight hours, during which
the applicant seeks to operate the equipment.
(G) Length of time for which the approval is sought.
(4) Design and Construction Standards
(a) Notwithstanding any other section of these Rules,
construction of any article, machine, equipment or con-
trivance for commercial, industrial, or residential
incineration operations shall maintain 1500° F. for 0.3
seconds in secondary chamber gas path. One and two family
residential disposal in Area "2" are exempt from this
paragraph.
(b) Notwithstanding any other section of the Rules,
construction of any article, machine, equipment or con-
trivance for disposal of Type 4 waste shall maintain 1700
for 0.4 seconds in secondary chamber gas path.
o
(c) After January 1, 1974, the operation of any source described
in this section that fails to meet the design standards of
this section shall be deemed prima facie evidence of
violation of Section 32-055 of the Rules.
(5) Incinerator operating instructions shall be furnished by the
supplier to the Program Director for approval coincident with
submission of construction plans. The supplier shall furnish
adequate training in the operation of the incinerator to the
purchaser prior to the required test operation.
(6) When a commercial or industrial incinerator is constructed or
assembled on site, the Program Director shall be notified so that
the internal dimensions may be determined while the incinerator
is still open.
(7) Fuel burning equipment, incinerators and equipment used in
manufacturing processes shall be provided with sufficient control
apparatus to meet the emission standards of these regulations to
include means whereby the operator of the equipment shall be able
at all times during the operation to know the appearance of the
emission.
33-025 WIGWAM WASTE BURNERS.
(1) Construction of wigwam waste burners requires approval of the
plan by the Authority prior to construction, as specified in
Title 21.
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(2) After January 1, 1971, any person operating a wigwam
waste burner or similar device in Area "1" shall provide
proper sampling and testing facilities thereon to determine
the nature, extent, quality and degree of air contaminants
emitted thereby and provide to the Authority evidence of his
compliance with the emission standards prescribed by these
rules.
(3) It is declared to be the policy of this Authority to
recognize the alternate utilization of wood waste is un-
reasonable and impractical in that part of the territory
of the Authority lying west of the Coast range of mountains,
and that atmospheric conditions in such area would allow
the protection of the public health and welfare if the
particulate emissions from the modified wood waste burner
were not greater than 20% opacity. Until technological
and economic development further enhances the degree to
which wood wastes may be better utilized or otherwise
disposed of in ways not damaging to the environment, the
Authority intends to retain the following provisions in
effect.
(4) Operations of modified wigwam waste burners in that part
of the territory of the Authority lying west of Range 8
West shall be permitted under the following conditions:
(a) Operation of wigwam waste burners other than modified
wigwam waste burners is prohibited. The. term "modified
Wigwam waste burner" shall mean a device having the
general features of a wigwam waste burner, but with
improved combustion air controls and other improvements
involved in accordance with design criteria approved
by the Authority.
(b) Persons seeking authorization to modify a wigwam
waste burner or establish a new wigwam waste burner
shall request authorization by submitting notice of
construction and submitting plans in accordance with
Title 21 of these Rules and Regulations.
(c) Authorization to establish a modified waste burner
installation shall not be approved unless it is
demonstrated to the Authority that: (a) no feasible
alternative to incineration of wood wastes then does
•exist. In demonstrating this, the applicant must
provide a statement of the relative technical and
economic feasibility alternatives, including but not
limited to utilization, off-site disposal and incineration
in a boiler or incinerator other than a wigwam waste burner;
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(b) the modified wigwam waste burner facility is to be
constructed and operated in accordance with the design
criteria approved by the Authority and the emission
standard set forth in subsection (5) of this rule.
(5) No person shall cause, suffer, allow or.permit the emission
of air contaminants into the atmosphere from any wiowam
burner for a period or periods aggregating more than three
(3) minutes in any one hour which is equal to or greater
than 20% opacity. No person shall use a wigwam burner for
the incineration of other than production process wood
waste. Such wood waste shall.be transported to the burner
by methods which transport materials at a uniform rate of
flow, or at rates generated by the production process.
(6) A thermocouple and recording pyrometer, or.other approved
temperature measurement and recording devices shall be
installed and maintained on every modified wigwam waste
burner. Gas temperatures shall be recorded continuously
using the installed pyrometer at all times when the burner
is in operation. Records of temperature and burning
operations, or summaries thereof, shall be submitted at
such frequency as the Authority may prescribe. In addition
to the aforementioned devices, the Authority may require
installation of visible emission monitoring devices and
subsequent reporting of data therefrom.
(7) Notwithstanding any provision of this section to the con-
trary, the herein contained modification of the particulate
matter weight standards of Section 32-040 of these Rules
shall apply only in the territory described in subsection (4)
above.
33-030 CONCEALMENT AND MASKING OF EMISSIONS.
(1) No person shall willfully cause or permit the installation
or use of any device or use of any means which, without
resulting in a reduction in the total amount of air contaminants
emitted, conceals an emission of air contaminant which would
otherwise violate these rules.
(2) No person shall cause or permit the installation or use of
any device or use of any means designed to mask the emission
of an air contaminant which causes or tends to cause detriment
to health, safety or welfare of any person.
33-045
(1) Gasoline tanks with a capacity of 1500 gallons or more may
not be installed without a permanent submerged fill pipe or
/
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other adequate vapor loss control device in any control area,
(2) All existing installations in Area "1" must comply with
Section 33-045 1 by January 1.
33-055 SULFUR CONTENT OF FUELS.
(1) Residual Fuel Oils
(a) After July 1, 1972, no person shall sell, distribute,
use or make available for use, any residual fuel oil
containing more than 2.5 percent sulfur by weight.
'(b)' After July 1, 1974, no person shall sell, distribute,
use or make available for use, any residual fuel oil
containing more than 1.75 percent sulfur by weight.
(2) Distillate Fuel Oils
After July 1, 1972, no person shall sell, distribute, use
or make available for use, any distillate fuel oil con-
taining more than the following precentages of sulfur:
(a) ASTM Grade T fuel oil - 0.3 percent by weight
(b) ASTM Grade 2 fuel oil - 0.5 percent by weight
(3) Coal
After July 1, 1972, no person shall sell, distribute, use
or make available for use, any coal containing greater
than 1.0 percent sulfur by weight.
(4) Exemptions
Exempted from the requirements of 1, 2, and 3 above are:
(a) Fuels used exclusively for the propulsion and
auxiliary power requirements of vessels, railroad
locomotives and diesel motor vehicles.
(b) With prior approval of the Authority, fuels used in
such a manner or control provided such that sulfur
dioxide emissions can be demonstrated to be equal to
or less than those resulting from the combustion of
fuels complying with the limitations of Section 1, 2
and 3.
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33-060 BOARD PRODUCTS INDUSTRIES.
(1) General Provisions
(a) These regulations establish minimum performance and
emission standards for veneer, plywood, particleboard,
and hardboard manufacturing operations.
(b) Emission limitations established herein are in addition
to, and not in lieu of, general emission standards for
visible emissions, fuel .burning equipment, and refuse
burning equipment.
(c) Emission limitations established herein and stated in
terms of pounds per 1000 square feet of production
shall be computed on an hourly basis using the maximum
8 hour production capacity of.the plant.
(d) Upon adoption of these regulations, each affected veneer,
plywood, particleboard, and hardboard plant shall
proceed with a progressive and timely program of air
pollution control, applying the highest and best practical
treatment and control currently available. Each plant
shall, at the request of the Authority, submit periodic
reports in such form and frequency as directed to demon-
strate the progress being made toward full compliance
with these regulations.
(2) Veneer and Plywood Manufacturing Operations
(a) No person shall cause to be emitted particulate
matter from veneer and plywood mill sources, in-
cluding but not limited to, sanding machines, saws,
presses, barkers, hogs, chippers and other material
size reddction equipment process or space ventilation
systems, and trust loading and unloading facilities in
excess of a total from all sources within the plant
site of one. (1.0) pound per 1000 square feet of plywood
or veneer production on a 3/8 inch basis of finished
product equivalent.
(b) Excepted from subsection 33-060 2(a) are veneer dryers,
fuel burning equipment and refuse burning equipment.
(c) Compliance Schedule
No later than July 1, 1972, every person operating
a plywood or veneer manufacturing plant shall sub-
mit to the Authority a proposed schedule for compliance
with this section. The schedule shall provide for compli-
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ance with the applicable provisions at the earliest
practicable date, but in no case shall final compliance
be achieved by later than December 31, 1973.
(d) Open Burning
Upon the effective date of these regulations, no person
shall cause or permit the open burning of wood residues
or other refuse in conjunction with the operation of any
veneer or plywood manufacturing mill and such acts are
hereby prohibited.
(3) Particleboard Manufacturing Operations
(a) Every person operating or intending to operate a
particleboard manufacturing plant shall cause all
truck dump and storage areas holding or intended to
hold raw materials to be enclosed to prevent wind-
blown particle emissions from these areas to be
deposited upon property not under the ownership of
said person.
(b) The temporary storage of raw materials outside the
regularly used areas of the plant site is prohibited
unless the person who desires to temporarily store
such raw materials first notifies the Authority and
receives written approval for said storage.
(A) When authorized by the Authority, temporary storage
areas shall be operated to prevent windblown par-
ticulate emissions from being deposited upon prop-
erty not under the ownership of the person storing
the raw materials.
(B) Any temporary storage areas authorized by the
Authority shall not be operated in excess of six
(6) months from the date they are first authorized.
(c) Any person who proposes to control windblown particulate
emissions from truck dump and storage areas other than
by enclosure shell apply to the Authority for authorization
to utilize alternative controls. The application shall
describe in detail the plan proposed to control wind-
blown particulate emissions and indicate on a plot plan
the nearest location of property not under ownership of
the applicant.
(d) No person shall cause to be emitted particulate matter from
particleboard plant sources including, but not limited to,
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hogs, chippers and other material size reduction equip-
ment, process or space ventilation systems, particle
dryers, classifiers, presses, sanding machines and
materials handling systems, in excess of a total from
all sources within the plant site of three (3.0) pounds
per 1000 square feet of particleboard produce on a
3/4 inch basis of finished product equivalent.
(e) Excepted from subsection 33-060 3(d) are truck dump and
storage areas, fuel burning equipment and refuse burning
equipment.
(f) Compliance Schedule
Not later than July 1, 1972, every person operating a
particleboard manufacturing plant shall submit to the
Authority a proposed schedule for complying with these
regulations. The schedule shall provide for compliance
with the applicable provisions at the earliest practicable
date, but in no case shall final compliance be achieved
by later than December 31, 1973.
(g) Open Burning
Upon the effective date of these regulations, no person
shall cause or permit the open burning of wood residues
or other refuse in conjuction with the operation of
any particleboard manufacturing plant and such acts are
hereby prohibited.
(4) Hardboard Manufacturing Operations
(a) Every person operating or intending to operate a
hardboard manufacturing plant shall cause all truck
dump and storage areas holding or intended to hold
raw materials to be enclosed to prevent windblown
particle emissions from these areas to be deposited
upon property not under the ownership of said person.
(b) The temporary storage of raw materials outside the
regularly used areas of the plant site is prohibited
unless the person who desires to temporarily store
such raw materials' first notifies the Authority and
receives written approval.
(A) When authorized by the Authority, temporary
storage areas shall be operated to prevent
windblown particulate emissions from being de-
posited upon property not under the ownership
of the person storing the raw materials.
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(B) Any temporary storage areas authorized by the
Authority shall not be operated in excess of
six (6) months from the date they are first
authorized.
(c) Alternative Means of Control
Any person who desires to control windblown particulate
emissions from truck dump and storage areas other than
by enclosure shall first apply to the Authority for
authorization utilize alternative controls. The
application shall describe in detail the plan proposed
to control windblown particulate emissions and indi-
cate on a plot plan the nearest location of property
not under ownership of the applicant.
(d) No person shall cause to be emitted particulate matter
from hardboard plant sources including, but not limited
to hogs, chippers and other material size reduction
equipment, process or space ventilation systems, parti-
cle dryers, classifiers, presses, sanding machines, and
materials handling systems, in excess of a total from
all sources within the plant site of one (1.0) pound
per 1000 square feet of hardboard produced on a 1/8
inch basis of finished product equivalent.
(e) Excepted from subsections 33-060 4(d) are truck dump and
storage areas, fuel burning equipment and refuse burning
equipment.
(f) No person shall operate any hardboard tempering oven
unless all gases and vapors emitted from said oven are
treated in a fume incinerator capable of raising the
temperature of said gases and vapors to at least
1500° F. for 0.3 seconds or longer. Specific operating
temperatures lower than 1500° F. may be approved by the
Authority upon application,, provided that information
is supplied to show that operation of said tempera-
tures provides sufficient treatment to prevent odors
from being perceived on property not under the owner-
ship of the person operating .the hardboard plant. In
no case shall fume incinerators installed pursuant to
this section be operated at temperatures less than
1000° F.
i
(g) Any person who proposes to control emissions from, hard-
board tempering ovens by means other than fume inciner-
ation shall apply to the Authority for authorization to
utilize alternative controls. The application shall
describe in detail the plan proposed to control odorous
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emissions and indicate on a plot plan the location of
the near-east property not under ownership of the appli-
cant.
(h) Compliance Schedule
No later, than July 1, 1972, every person operating a
hardboard manufacturing plant shall submit to the
Authority a proposed schedule for complying with these
regulations. The schedule shall provide for compli-
ance with the applicable provisions at the earliest
practicable date, but in no case shall final compli-
ance be achieved by later than December 31, 1973.
(i) Open Burning
Upon the effective date of these regulations, no person
shall cause or permit the open burning of wood residues
or other refuse .in conjunction with the operating of
any hardboard manufacturing plant and such acts are
hereby prohibited.
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LANE REGIONAL AIR POLLUTION AUTHORITY
16 OAKWAY MALL - EUGENE, OREGON 97401
I
TITLE 34
(51.21) Special Land Areas Standards & Practices
(No regulations adopted)
TITLE 35
(11.0) Hazardous Air Pollutants
(No regulations adopted)
TITLE 41
(2.0) Purpose & Definitions
(No regulation adopted)
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LANE REGIONAL AIR POLLUTION AUTHORITY
16 OAKWAY MALL - EUGENE, OREGON 97401
TITLE 42
(16.0) PREHEARING PROCEDURES.
42-005 METHOD OF INSTITUTING HEARINGS.
A hearing may be instituted by the Authority on its own motion or as
follows:
(1) Petition by an interested person to secure a declaratory
ruling to the Authority on the applicability to any person,
property or state of facts of any rule or statute enforceable
by it.
(2) Petition by any interested person for the promulgation,
repeal or amendment of any rule of the Authority.
42-010 VERIFICATION OF THE PETITION.
The petition shall be verified if required by the Authority.
42-015 CONTENTS OF THE PETITION.
The petition shall be in writing, signed by, or on behalf of, the
petitioner, and shall contain a detailed statement of:
(1) Ultimate facts sufficient to show the situation is entitled
to the relief requested;
(2) The specific relief requested:
(3) All propositions of law to be asserted by the petitioner; and
(4) The name and address of petitioner and of any other person
or persons necessary to the proceedings;
(5) In cases of complaints or remonstrances involving alleged
violation of public policy as expressed in Section 11-005 of
these rules, the petition shall also contain a brief
description of the alleged air pollution, and the persons, firm
or corporation alleged to be contributing to the air pollution,
and the nature of the injury resulting therefrom.
42-020 FILING OF THE PETITION.
An original and 2 copies of the petition, either in type written or
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printed form, shall be filed with the Authority. A petition shall be
deemed filed when received by the Authority. The Authority shall notify
the petitioner of such filing.
42-025 SERVICE OF THE PETITION ORDERS:
(1) After the petition has been filed, the Authority shall cause
an investigation to be made by the Program Director. If
such investigation reveals probable cause for complaint, the
Authority shall dispatch by registered or certified mail a true
,copy of the petition together with a copy of the applicable
rules of practice to all necessary parties as named in the
petition. Such petition shall be deemed as served on the
date of mailing to the last known address of the person being
served.
(2) All motions, notices, pleadings, order and decisions shall
be deemed served upon mailing by regular mail to the last
known address of all necessary persons.
42-030 ANSWERS, MOTIONS, AMENDMENTS AND WITHDRAWALS OF PETITIONS.
(1) Answers to petitions or other pleadings will not be required.
Where no answer is filed with the Authority; all allegations
of the petition will be deemed denied. If an answer or other
pleadings are desired, they shall be served and filed in the
same manner and form as provided in Section 42-005.
(2) The Authority, on its own motion or motion of an interested
party, may require, within ten days of the filing or serving
of petition, that the allegations in the petition be made more
•definite and certain. Such motion shall point out the defects
complained of and the details desired. If the motion is
granted, the petitioner shall be given fifteen days after
not.ice to comply with the order. If this is not done, those
allegations complained of shall be stricken.
(3) At any time more than ten days prior to hearing, the petitioner
may'amend his petition by serving a copy of the amended petition
on all necessary parties and by filing an original and 2 copies
with the Authority. After that time, amendment may be allowed
in the discretion of the Authority.
(4) The petitioner may withdraw his petition at any time prior
to the hearing without prejudice. Thereafter, the petition
may be withdrawn only upon approval of the Authority.
42-035 INSTITUTION OF PROCEEDINGS IN AIR POLLUTION MATTERS.
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(1) In case of failure by conference to correct air pollution
or air contamination which has resulted in a violation of any
rule or order of the Authority, the Authority may institute
a hearing by written notice issued and served.upon the person
>complained against.
(2) Contents of Notice, the notice shall be in writing, signed
by the Chairman and shall contain;
(a) A summary of the complaint made by or to the Authority;
or in the alternative a copy of the complaint shall be
attached to the notice.
(b) Specify the provisions of the statute, rule or order of
which the respondent is said to be in violation.
(c) A statement of the manner in and the extent to which such
person is said to violate the statute, rule or order.
(d) A direction that the person complained against shall
appear and answer the charges of such notice or complaint
at a time and place before the Authority not less than
fifteen, days after date of the notice.
(3) The respondent to such notice may file a written answer
thereto and may appear in person with or without counsel.
(4) The notice shall be served as provided in these rules, not
less than fifteen days prior to the hearing before the
Authority.
(5) If the person served with notice fails to appear, the
Authority may take such action and issue and enter such
specific order to make such specific determination as it
shall deem appropriate under the circumstances.
42-040 NOTICE OF HEARING.
when a hearing has been requested by filing a petition or ordered by the
Authority upon its own motion, the Authority shall give all interested
parties not less than fifteen days notice of the date and place where
such hearing will be held and the nature of such hearing. This time
may be shortened or extended by stipulation of all parties or upon
request to the Authority by any party, which requests may be granted
or denied in the discretion of the Authority. The request shall be
supported by affidavit setting out facts in support thereof and may be
opposed by any other party in the same manner upon good cause shown. The
request shall be served as if provided in these rules.
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Subpoenas requiring the attendance of witnesses or the'production of
documentary or tangible evidence at a hearing may be issued by the
Authority upon request by any party to the proceeding, including the
Authority itself, upon proper showing of general relevance of reasonable
scope of the evidence sought.
42-050 INTERVENTION. .
(1) Intervention:
Any person having an interest in the subject matter of any
proceeding may petition for leave to intervene in such
proceeding and may become a party thereto, if the Authority
finds that such persons may be bound by the order to be
entered in the proceeding or that such person has a property or
financial interest which may not be adequately represented by
existing parties; PROVIDED, that such intervention would not
unduly broaden the issues or delay the proceedings. Except for
good cause shown, no petition for leave to intervene will be
entertained if filed less than ten days prior to the hearing.
(2) Impleader:
In any action or proceeding involving Title 31 entitled
involving emissions present in the ambient air, there shall
be available to a respondent in such a proceeding the right
to implead other parties also responsible for the conditions
existing for which the respondent is charged. In such cases
the impleader shall be made by petition of the responding
party and shall be granted in the discretion of the Authority
on a showing of relevancy, materiality and necessity to the
proceeding.
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LANE REGIONAL AIR POLLUTION AUTHORITY
15 OAKWAY MALL - EUGENE, OREGON 97401
TITLE 43
(16.0) HEARING PROCEDURE.
43-005 CONDUCT OF THE HEARING.
The hearing shall be before the Board of Directors and shall be
conducted by the Chairman of the Authority, or in his absence,
the Vice-Chairman, except that the Board may direct that the
hearing shall be conducted by a Hearings Officer.
43-010 DISQUALIFICATION.
Any member of the Board of Directors may withdraw from the
proceeding whenever he deems himself disqualified because of
personal bias except in those cases where such withdrawal may
preclude a hearing.
43-015 POWERS OF CHAIRMAN.
The Chairman or Vice-Chairman of the Board of Directors or a duly
authorized Hearings Officer, shall have the following powers:
(1) To cause notice to be given of and hold hearings.
(2) To administer oaths and affirmations.
(3) To examine witnesses.
(4) To issue subpoenas; subpoenas may be served by any person
authorized by the Chairman.
(5) To take or cause to be taken depositions as provided by law.
(6) To rule upon offers of proof and receive evidence, and prior
to ruling may seek the advice of the Attorney for the Authority
in attendance at the hearing or meeting.
(7) To regulate the course of a hearing, including:
(a) The ejection of any person who in any manner interferes
with the orderly procedure of a hearing.
(b) The requirement for parties to proceedings to submit in
advance of hearing a written list of prospective witnesses
and an estimate of time required to present his or its case.
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(8) To hold conferences, before or during hearing, for the
settlement or simplification of issues.
(9) To (dispose of procedural requests or similar matters;
(10) To take any other action authorized by these rules.
43-020 WHO MAY APPEAR AT HEARINGS.
(1) Each party may be represented by counsel.
(2) Any individual may appear for himself, and upon adequate
identification any member of a partnership wnich is a party
to any proceeding may appear for such partnership, and a
bonafide officer of a corporation or an association may
appear for such corporation or association.
43-025 STANDARD OF CONDUCT AT HEARINGS.
Comtemptuous conduct by any person appearing at the hearing shall be
grounds for his exclusion by the presiding officer from the hearing.
43-030 HEARINGS REPORTER.
The official record of the hearing shall be recorded by a person assigned
by the Authority capable of doing such reporting. The method used shall
be in the discretion of the Board of Directors.
43-035 TRANSCRIPT OF TESTIMONY.
The Authority is not required to furnish copies of the transcript of the
official record. Any party to a hearing may purchase a transcript from
the reporter.
43-040 CONTINUANCES AND POSTPONEMENTS.
Motion for continuance or postponement of any hearing may be granted by
the Authority for good cause shown.
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LANE REGIONAL AIR POLLUTION AUTHORITY
16 OAKWAY MALL - EUGENE, OREGON 97401
TITLE 44
(16.0) EVIDENCE.
44-005 GENERAL.
(1) The testimony of witnesses at a hearing shall be upon oath
Or affirmation administered by an officer of the Authority
authorized to administer oaths and shall be subject to
cross-examination. Any member of the Authority, or its
Attorney, may interrogate witnesses at any stage of the
proceedings, either on direct or cross-examination.
(2) Any witness may, in the discretion of the Authority, be
examined separately and apart from all other witnesses ex-
cept those who may be parties to the proceedings.
(3) The Authority may limit oral argument at its discretion.
44-010 OATH OR AFFIRMATION.
The oath or affirmation taken by a witness before he may testify shall
be in the same form and manner as is provided by law.
44-015 RIGHT TO FULL AND TRUE DISCLOSURE OF THE FACTS.
Every party shall have the right to present his case or defense by oral,
documentary or other satisfactory evidence, to submit evidence in rebuttal,
and to conduct such cross-examination as may be required for a full and
complete disclosure of the facts.
44-020 BURDEN OF PROOF.
. i
t
The petitioner shall .have the burden of proof; provided that where proceedings
are initiated by the Authority on its own motion, the report of the Program
Director as to the existence of air pollution, and the cause thereof, shall
constitute prima facie evidence thereof, unless satisfactorily rebutted,
and such report shall constitute a part of the official record of the
proceedings.
44-025 ADMISSION AMD EXCLUSION OF EVIDENCE.
(1) The rules of evidence and requirement of proof shall conform,
to the extent practicable, with, those in civil non-jury
cases in the circuit courts.
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(2) Heresay evidence shall not be admissible over an objection
bashed on lack of opportunity to cross-examine.
(3) The Authority may limit expert and opinion evidence in its
discretion.
44-030 OBJECTIONS.
If a party objects to the admission or rejection of any evidence or to
the limitation of the scope of any examination or cross-examination,
he shall state briefly the grounds of such objection, whereupon the
chairman shall rule on the objection.
44-035 JUDICIAL NOTICE.
After first advising all parties of its intention to do so, the Authority
may take notice of judicially recognizable facts as is provided by law
(ORS 41.410 to 41.480) and of general, technical or scientific facts
within the specialized knowledge of the officers and staff of the
Authority.
44-040 INFORMAL DISPOSITION.
Informal disposition may be made of any contested case by stipulation,
agreed settlement, consent order or default; provided that an order
adverse to a party may be issued upon default only upon prima facie case
made on the record by the Authority. Such a decision shall not be
reviewable before the Authority.
44-045 ARGUMENTS AND SUBMITTALS.
The Authority shall give the parties to the proceedings adequate
opportunity for the presentation of arguments in support of motions,
objections and exception to its proposed decision. Prior to a
proposed decision, the parties shall be afforded a reasonable opportunity
to submit for consideration proposed findings and conclusions and
supporting reasons therefore.
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LANE REGIONAL AIR POLLUTION AUTHORITY
16 OAKWAY MALL - EUGENE OREGON 97401
TITLE 45
(16.0) DECISION & APPEAL.
45-005 .RECORD FOR DECISION.
The record of the testimony and exhibits, together with all papers,
requests and rulings filed in the proceedings, and the reports and
records of the Program Director, shall constitute the exclusive
record for decision. The record shall include any Authority proceeding
upon an affidavit of personal bias or disqualification of any officer
of the agency and the proposed and final decision, if any.
45-010 DECISION.
The Authority shall render its decision within sixty days after completion
of the hearing. A copy of the decision shall be mailed to each party
or to his attorney of record.
45-015 APPEAL.
Appeals, if any, shall be processed in accordance with the
provisions of ORS 449.895.
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LANE REGIONAL AIR POLLUTION AUTHORITY
16 OAKWAY MALL - EUGENE, OREGON 97401
TITLE 51
(8.0) AIR POLLUTION EMERGENCIES.
51-005 INTRODUCTION.
Notwithstanding any other rule or standard, this emergency rule is
designated to prevent the excessive accumulation .of air contaminants
during periods ot atmospheric stagnation, thereby preventing the
occurrence of an emergency due to the effects of these contaminants
on the public health.
51-010 EPISODE CRITERIA.
Conditions justifying the proclamation of an Air Pollution Alert, Air
Pollution Warning, or Air Pollution Emergency, shall be deemed to exist
whenever the Program Director determines that the accumulation of air
contaminants in any place is attaining or has attained levels which
could, if such levels are sustained or exceeded, lead to a threat to the
health of the public. In making this determination, the Program Director
will be guided by the following criteria.
(1) "Air Pollution Forecast": An internal watch shall be
actuated by a National Weather Service advisory that
Atmospheric Stagnation Advisory is in effect or by the
equivalent local forecast of stagnant atmospheric con-
ditions.
(2) "Alert": The Alert level is that concentration of
pollutants at which first stage control action is to
begin. An alert will be declared when any one of the
following levels is reached at any monitoring site:
• Sulfur Dioxide - 800 ^ig/m (0.3 ppm) - 24 hour average
Particulate - 3.0 COHs or 375 jug/m - 24 hour average
Sulfur Dioxide and particulate combined - 24 hour average -
product of sulfur dioxide and particulate equal to:
525 (ug/m3) (COH); or
0.2 (PPM) (COH); or
65 x 103 Cug/m3) (jjg/m3)
Carbon Monoxide - 17 mg/m (15 ppm) - 8 hour average.
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Photochemical Oxidant - 200 ug/m (0.1 ppm) - 1 hour average
3
Nitrogen Dioxide - 1130 ug/m (0.6 ppm) - 1 hour average; or
282 jug/m (0.15 ppm) - 24 hour average
and meteorological conditions are such that this condition
can be expected to continue for twelve (12) or more hours.
(3) "Warning": The warning level indicates that air quality
is continuing to degrade and that additional abatement
actions are necessary. A warning will be declared when
any one of the following levels is reached at any monitoring
site:
3
Sulfur Dioxide - 1600 ug/m (0.6 ppm) - 24 hour average
3
Particulate - 5.0 COHs or 625 ug/m - 24 hour average
Combined Sulfur Dioxide and COHs, 24 hour average,
product of sulfur dioxide and particulate equal to:
2100 (jug/m3) (COH); or
0.8 (ppm) (COH); or
261 x 103 (ug/m3) (ug/m3)
Carbon Monoxide - 34 mg/m (30 ppm) - 8 hour average
3
Photochemical Oxidant - 800 ug/m (0.4 ppm) - 1 hour average
Nitrogen Dioxide - 2260 ug/m (1.2 ppm) - 1 hour average; or
3
565 ug/m (0.3 ppm) - 24 hour average
and meteorological conditions are such that this condition
can be expected to continue for twelve (12) or more hours.
(4) "Emergency": The emergency level indicates that air quality
is continuing to degrade toward a level of significant harm
to 'the health of persons and that the most stringent control
actions are necessary. An emergency will be declared when
any one of the following levels is reached at any monitoring
site:
Sulfur Dioxide - 2100 jug/m (0.8 ppm) - 24 hour average
3
Participate - 7 COH or 875 jug/m - 24 hour average
Combined Sulfur Dioxide and Particulate - 24 hour average,
product of sulfur dioxide and particulate equal to:
3144 (ug/m3) (COH); or
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960
640
Ni
1.2 (ppm) (COH); or
393 x 103 Qjg/m3) (jjg/m3)
3
Canbon Monoxide - 46 mg/m (40 ppm) - 8 hour average; or
3
69 mg/m (60 ppm) - 4 hour average; or
3
115 mg/m (100 ppm) - 1 hour average
3
Photochemical Oxidant - 1200 ug/m (0.60 ppm) - 1 hour average;
or
3
60 ug/m (0.48 ppm) - 2 hour average; or
3
40 )jg/m (0.32 ppm) - 4 hour average
..itrogen Dioxide - 3000 jjg/m (1.6 ppm) - 1 hour average; or
3
750 ug/m (0.4 ppm) - 24 hour average
and meteorological conditions are such that this condition
can be expected to remain at the above levels for twelve
(12) or more hours.
(5) "Termination": Once declared, any status reached by application
of these criteria will remain in effect until the criteria
for that level are no longer met, at which time the next
lower status will be assumed, until termination is declared.
51-015 EMISSION REDUCTION PLANS.
Tables I, II and III of this regulation set forth special emission
reduction measures that shall be taken upon the declaration of an
Air Pollution Alert, Air Pollution Warning, or Air Pollution Emergency,
respectively. Any person responsible for a source of air contamination
shall, upon declaration of any such condition, take all actions specified
in the applicable Table and shall particularly put into effect the
preplanned abatement strategy for such condition.
51-020 PREPLANNED ABATEMENT STRATEGIES.
(1) Any person responsible for the operation or control of a
source of air contamination shall, when requested by the
Authority in writing, prepare preplanned strategies consistent
with good industrial practice and safe operating procedures,
for reducing the emission of air contaminants into the outdoor
atmosphere during periods of an Air Pollutuion Alert, Air
'Pollution Warning and Air Pollution Emergency. Standby plans
shall be desired to reduce or eliminate emissions of air
contaminants into the outdoor atmosphere in accordance with
the objectives set forth in Table I-II.
(2) Preplanned strategies as required by this section shall be in
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writing and describe the source of air contamination,
contaminants and a brief description of the manner and
amount in which the reduction will be achieved during
an Air Pollution Alert, Air Pollution Warning, and Air
Pollution Emergency.
(3) During a condition of an Air Pollution Alert, Air Pollution
Warning., and Air Pollution Emergency, preplanned strategies
as required by this section shall be made available on the
premises to any person authorized to enforce the provisions
of these rules.
(4) Preplanned strategies as required by this section shall be
submitted to the Authority upon request within thirty days
of the receipt of such request; such preplanned strategies
shall be subject to review and approval by the Authority.
Matters of dispute in developing preplanned strategies shall,
if necessary, be brought before the Environmental Quality
Commission or Board of Directors of a regional authority,
for decision.
(5) Municipal and county governments, or other appropriate
governmental bodies, shall, when requested by the Authority
in writing, prepare preplanned strategies consistent with
good traffic management practice and public safety, for
reducing the use of motor vehicles or aircraft within desig-
nated areas during periods of an Air Pollution Alert, Air
Pollution Warning, and Air Pollution Emergency. Standby
plans shall be designed to reduce or eliminate emissions
of air contaminants from motor vehicles in accordance with
the objectives set forth in Tables I - III and shall be
prepared and submitted for review and approval by the
Authority in accordance with subsections 2, 3, and 4 of this
section. In reviewing the standby plans for local
governments in counties within the territorial jurisdic-
tion of the Authority, the Authority shall consult with
the Departments of Environmental Quality in determining the
adequacy and practicability.of the standby plans.
51-025 IMPLEMENTATION.
(1) The Authority and the Department of Environmental Quality shall
cooperate to the fullest extent possible to insure
uniformity of enforcement and administrative action necessary
to implement these regulations. With the exception of
sources of air contamination retained by the Department of
Environmental Quality, all persons within the territorial
jurisdiction of the Authority shall submit the preplanned
abatement strategies prescribed in Section 51-020 to the
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Authority. The Authority shall submit summaries of the
abatement strategies to the Department of Environmental
Quality.
(2) Declarations of Air Pollution Alert, Air Pollution Warning
and Air Pollution Emergency shall be made by the Authority,
with the concurrence of the Department of Environmental
Quality-. In the event such declaration is not made by the
Authority, the Department of Environmental Quality shall
issue the declaration and the Authority shall take appro-
priate remedial actions as set forth in these rules.
(3) Additional responsibilities of the Authority shall include,
but are not limited to:
(a) Securing acceptable preplanned abatement strategies.
(b) Measurement and reporting of air quality data to the
Department of Environmental Quality.
(c) Informing the public, news media and persons responsible
for air contaminant sources of the various levels set
forth in these rules and required actions to be taken
to maintain air quality and the public health.
(d) Surveillance and enforcement of emergency emission
reduction plans.
51-026 EFFECTIVE DATE.
All provisions of this regulation shall be effective September 1, 1972
provided however that:
(1) Emergency actions authorized by Chapter 424, Oregon Laws
1971 shall be immediately available.
(2) Request for preplanned abatement strategies authorized by
Section 51-020 of these rules may be made at any time after
the date of adoption of this regulation.
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TABLE I --- ALERT LEVEL
EMISSION REDUCTION PLAN
Part A - Motor Vehicle - Related Alert Conditions
For Alert conditions due to excessive levels of carbon monoxide, photo-
chemical oxidants, or nitrogen dioxide, persons operating motor vehicles
shall be requested to voluntarily curtail or eliminate all unnecessary
operations within the designated Alert area, and public transportation
systems shall be requested to provide additional services in accordance
with a preplanned strategy.
Part B - General Alert Conditions
For Alert conditions resulting from excessive levels of particulate
matter and/or sulfur dioxide, the following measures shall be taken in
the designated area:
1. There shall be no open burning by any person of domestic, commercial,
industrial or agricultural waste or debris in any form.
2. The use of incinerators for the disposal of solid wastes, other than
when said incinerator is closely integrated with a manufacturing
process, shall be limited to the hours between 12 noon and 4 p.m.
3. Persons operating fuel burning equipment which requires boiler lancing
or soot blowing shall perform such operations only between the hours
of 12 noon and 4 p.m.
4. Persons responsible for the operation of any source of air contami-
nants listed below shall take all required actions for the Alert
level, in accordance with the preplanned strategy:
Sources
a) Coal, oil or wood-fired
electric generating
facilities.
Control Actions - Alert Level
a) Substantial reduction by utili-
zation of fuels having low ash
and sulfur content.
b) Maximum utilization of mid-day
(12 noon to 4 p.m.) atmospheric
turbulence for boiler lancing
and soot blowing.
c) Substantial reduction by
diverting electric power gener-
ation to facilities outside
of Alert Area.
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b)
Coal, oil or woodrfired
process steam generating
facilities.
c)
Manufacturing industries
of the following classi-
fications:
Primary Metals Indus-
tries
Petroleum Refining
Chemical Industries
Mineral Processing Ind.
Grain Industries
Paper and Allied Pro-
ducts
Wood Processing In-
dustry
a) Substantial reduction by utili-
zation of fuel having low ash
and sulfur content.
b) Maximum utilization of mid-day
(12 noon to 4 p.m.) atmospheric
turbulence for boiler lancing
and soot blowing.
c) Substantial reduction of steam
load demands consistent with
continuing plant operations.
a) Substantial reduction of air
contaminants from manufacturing
operations by curtailing, post-
poning, or deferring production
and all operations.
b) Maximum reduction by deferring
trade waste disposal operations
which emit solid particle gas
vapors or malodorous substance.
c) Maximum reduction of heat load
demands for processing.
d) Maximum utilization of mid-day
(12 noon to 4 p.m.) atmospheric
turbulence for boiler lancing
or soot blowing.
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TABLE II - WARNING LEVEL
EMISSION REDUCTION PLAN
Part A - Motor Vehicle - Related Warning Conditions
For Warning cqnditidns,.resulting from excessive levels of carbon mon-
oxide, photochemical oxidants, or nitrogen dioxide* the following
measures shall be taken:
1. Operation of motor vehicles carrying fewer than three (3) persons
shall be prohibited within designated areas during specified hours.
Excepted from this provision are:
a. Public transportation and emergency vehicles.
b. Commercial vehicles.
c. Through traffic remaining on Interstate or primary highways.
2. At the discretion of the Authority, operations of all private vehicles
wi.thin designated areas or entry of vehicles into designated areas,
may be prohibited for specified periods .of time.
3. Public transportation operators shall, in accordance with a pre-plan-
ned strategy, provide the maximum possible additional service to
•min-imize the public's inconvenience as a result of (1) or (2) above.
Part B - General Warning Conditions
For Warning conditions resulting from excessive levels of particulate
matter and/or sulfur dioxide, the following measures shall be taken:
1. There shall be no open burning by any person of domestic, commercial,
industrial, or agricultural waste or debris in any form.
2. The use of incinerators for the disposal of solid or liquid wastes
shall be prohibited.
3. Persons operating fuel-burning equipment which requires boiler lancing
or spot .blowing shall perform such operations only between the hours
of 12 noon and 4 p.m.
4. Persons responsible for the operation of any source of air contaminants
listed below shall take all required actions for the Warning level,
in accordance with a preplanned strategy:
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Source of Air Contamination
Air Pollution Warning
a)
Coal, oil or wood-fired
electric power-gener-
ating facilities.
b)
Coal, oil or wood-fired
process steam generating
facilities.
c)
Manufacturing industries
which require considerable
lead time for shut-down
including the following
classifications:
Petroleum Refining
Chemical Industries
Primary Metals In-
dustries
Glass Industries
Paper and'Allied
Products
a) Maximum reduction of utiliza-
tion of fuels having lowest
ash and sulfur content.
b) Maximum utilization of mid-day
(12 noon to 4 p.m.) atmospheric
turbulence for boiler lancing
and soot blowing.
c) Maximum reduction by diverting
electric power generation to
facilities outside of Warning
Area.
a) Maximum reduction by utiliza-
tion of fuels having the lowest
available ash and sulfur content.
b) Maximum utilization of mid-day
(12 noon to 4 p.m.) atmospheric
turbulence for boiler lancing
and soot blowing.
c) Prepare to use a plan of action
to be taken if an emergency
develops.
a) Maximum reduction-of air con-
taminants from manufacturing
operations by, if necessary,
assuming reasonable economic
hardships by postponing prod-
uction and allied operations.
b) Maximum reduction by deferring
trade waste .disposal operations
which emit solid particles,
gases, vapors or malodorous
substances.
c) Maximum reduction of heat load
demands for processing.
d) Maximum utilization of mid-day
(12 noon to 4 p.m.) atmospheric
turbulence of boiler lancing
or soot blowing.
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d) Manufacturing industries
which require relatively
short time for shut-down.
a) Elimination of air contaminants
from manufacturing operations
by ceasing, postponing, or de-
ferring production and allied
operations to the extent possi-
ble without causing injury
to persons or damage to equip-
ment.
b) • Elimination of air contaminants
from trade waste disposal pro-
cesses which emit solid parti-
cles, gases, vapors, or malorous
substances.
c) Maximum reduction of heat load
demands for.processing.
d) Maximum utilization of mid-day
(12 noon to 4 p.m.) atmospheric
turbulence for boiler lancing
or soot blowing.
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TABLE III - EMERGENCY LEVEL
EMISSION REDUCTION PLAN
1. There shall be no open burning by any person of domestic, commercial,
industrial, or agricultural waste or debris in any form.
2. The use of incinerators for the disposal of solid or liquid wastes
•shall be prohibited.
3. All places of employment described below shall immediately cease
operation;
a) Mining and quarrying of nonmetallic minerals.
b) All construction work except that which must proceed to avoid
emergent physical harm.
c) All manufacturing establishments, except those required to have
in force an air pollution emergency plan.
d) Wholesale trade establishments, i.e.., places of business prima-
rily engaged in selling merchandise to retailers, to industrial,
commercial, institutional or professional users, or to other
wholesalers, or acting as agents in buying merchandise for or
selling merchandise to such persons or companies.
e) All offices of local, county, and State government, including
authorities, joint meetings and other public bodies excepting
chief administrative officer of local, county or State govern-
ment, authorities, joint meetings and other public bodies to
be vital for public safety and welfare and the enforcement of
the provisions of this regulation.
f) All retail trade establishments, except pharmacies and stores
primarily engaged in the sale of food.
g) Banks, credit agencies other than banks, securities and com-
modities brokers, dealers, exchanges and services; offices of
insurance carriers, agents and brokers, real estate offices.
h) Wholesale and retail laundries, laundry services and cleaning
1 and dyeing establishments, photographic studios, beauty shops,
barber shops, shoe repair shops.
i) Advertising offices, consumer credit reporting, adjustment and
collection agencies, duplicating, addressing, blueprinting,
photocopying, mailing, mailing list and stenographic services,
equipment rental services, commercial testing laboratories.
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j) Automobile repairs, automobile services, garages.
k) Establishments rendering amusement and recreation services in-
cluding motion picture theaters.
1) Elementary and secondary schools, colleges, universities, pro-
fessional schools, junior colleges, vocational schools, and
public and private libraries.
4. All commercial and manufacturing establishments not included in these
rules shall institute such actions as will result in maximum reduction
of air contaminants from their operations which emit air contaminants,
to the extent possible without causing injury or damage to equipment.
5. The use of motor vehicles is prohibited except in emergencies with
the approval of local or State police.
6. Airports shall be closed to all except emergency air traffic.
7. Any person responsible for the operation of a source of atmospheric
contamination listed below shall take all required control actions
for this Emergency Level.
Source
a) Coal, oil or wood-fired
electric power gener-
ating facilities.
b) Coal,, oil or wood-fired
process steam gener-
ating facilities.
Air Pollution Emergency
a) Maximum reduction by utiliza-
tion of fuels having lowest
ash and sulfur content.
b) Maximum utilization of mid-day
(12 noon to 4 p.m.) atmospheric
turbulence for boiler lancing
or soot blowing.
c) Maximum reduction by diverting
electric power generation to
facilities outside of Emergency
area.
a) Maximum reduction by reducing
heat and steam demands to ab-
solute necessities consistent
with preventing equipment
damage.
b) Maximum utilization of mid-day
(12 noon 'to 4 p.m.) atmospheric
turbulence for boiler lancing
and soot blowing.
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c) Manufacturing industries
of following classifi-
cations:
Primary Metals Industry
Petroleum Refining
Operations
Chemical Industries
Mineral Processing
Industries
Paper and Allied
Products
Grain Industry
Wood Processing
Industry
c)
a)
b)
c)
d)
Taking the -action called for
in the emergency plan.
The Elimination of air contami-
nants from manufacturing oper-
ations by ceasing, curtailing,
post-poning or deferring prod-
uction and allied operations to
the extent possible without
causing injury to persons or
damage to equipment.
Elimination of air contaminants
from trade waste disposal pro-
cesses which emit solid, parti-
cles, gases, vapors, or malo-
dorous substances.
Maximum reduction of heat
demands for processing.
load
Maximum utilization of mid-day
(12 noon to 4 p.m.) atmospheric
turbulence for boiler lancing
or soot blowing.-
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•-WI
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RULES AND REGULATIONS
OF THE
MID-WILLAMETTE VALLEY AIR
POLLUTION AUTHORITY
CHAPTER I
(2.0) RULES OF INTERNAL ADMINISTRATION
Title 10
(2.0) POLICY - GENERAL PROVISIONS
10-005 POLICY.
(1) In the interest of the public health and welfare of the people
it is declared to be public policy of the Mid-Willamette Valley
Air Pollution Authority to restore and maintain the quality of
the air resources of the territory in a condition as free from
air pollution as is practicable consistent with the overall
public welfare of the territory. The program of this Authority
for the control of air pollution shall be undertaken in a prog-
ressive manner, and each of its objectives shall be sought to
be accomplished by cooperation and conciliation among all the
parties concerned, (adopted 5-19-70)
10-010 CONSTRUCTION AND VALIDITY.
(1) If any provision of these Rules shall be held void or uncon-
stitutional by judicial or other determination, all other parts.
of these Rules which are not expressly held to be void or un-
cqnstitutional shall continue in full force and effect.
(2) These Rules are not intended to permit any practice which is
in violation of any statute, ordinance, order or regulation of
this Authority or any other control agency; and no provisions
contained in these Rules are intended to impair or abrogate any
civil remedy or process, whether legal or equitable, which might
otherwise be available to any person.
(3) These Rules, shall be liberally construed for the protection of
the health, safety and welfare of the people within the Region.
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10-015 DEFINITIONS:
(1) "Agricultural operation" means the growing or harvesting of
crops, the raising of fowl or animals, o^ bees, in a gainful
manner, or the use of equipment incident thereto.
(1-a) "Air contaminant" means dust, fumes, mist, smoke, other parti-
culate matter, vapor, gas, odorous substance, or any combination
thereof.
(2) hAir pollution" means the presence in the outdoor atmosphere of
one or more air contaminants, or any combination thereof, in
sufficient Quantities and of such characteristics and of a
duration as'are or are likely to be injurious to public wel-
fare, to the health of human, plant or animal life or to prop-
erty or which unduly interferes with enjoyment of life and
property.
(3) "Atmosphere or ambient air" means the surrounding outside air.
(4) "Authority" means,-the Mid-Willamette Valley Air Pollution
Authority.
(5) "Agency" means the Mid-Willamette Valley Air Pollution Authority.
(6) "Board" means the Board of Directors of the Mid-Willamette
Valley Air Pollution Authority.
(7) "Control equipment" means any air cleaning device which pre-
vents or controls the emission of any air contaminant.
(8) "Emission" means the release into the outdoor atmosphere of air
contaminants.
(9) "Emission point" means the location, place in a horizontal plane
and vertical elevation at which an emission enters the atmosphere,
(10) "Equipment" means any stationary or portable device or any part
thereof capable of causing emission of any air contaminants into
the atmosphere.
(11) "Excess air" means the quantity of air which exceeds the theo-
retical quantity of air required to complete combustion.
(12) "Fire permit issuing agency" means any city fire department,
rural protection district, forest protection district, county
court or board of county commissioners or their designated
representatives, as applicable.
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(13) "Fuel burning equipment" means equipment other than internal
combustion engines and marine installations, the principal
purpose of which is the production of hot air, hot water, or
steam.
(14) "Garbage" means putrescible animal or vegetable waste resulting
from handling, preparation, cooking and serving of food.
(15) "Health Officers" means the duly appointed health officers or
their authorized representatives of a political subdivision
participating in the Mid-Willamette Valley Air Pollution Authority
(16) "Incinerator" means a combustion device specifically designed
for the destruction, by burning, of solid, semi-solid, liquid,
or gaseous combustible waste and from which the solid residue
contains little or no combustible material.
(17) "Installation" means the placement, assemblage or construction
of equipment or control apparatus at the premise where the equip-
ment or control apparatus will be used, includes all preparatory
work at such premises.
(18) "Landclearing" means the removal of trees, brush, grass, or
buildings in preparation for a land improvement or construction
project.
(19) "Motor vehicle" means any self-propelled vehicle designed for
transporting persons or property on a street or highway.
(20) "Multiple chamber incinerator" means any incinerator consisting
of three or more refractory-lined combustion chambers in series,
physically separated by refractory walls, interconnected by gas
passage ports or ducts and employing adequate design parameters
necessary for maximum combustion of the material to be burned.
(21) "Odor" means that property of an air contaminant that affects
the sense of smell.
(22) "Opacity" means the degree to which an emission reduces trans-
mission of light and obscures the view of an object in the back-
ground.
(23) "Outdoor fire" means the burning of any matter in such a manner
that the products of combustion resulting from the burning are
emitted directly into the atmosphere without passing through
a stack, duct, vent, or chimney.
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(24) "Particulate matter" means any matter, except uncombined water,
which exists as a solid or liquid at standard conditions.
(25) "Particle fallout rate" means the weight of particulate matter
which settles out of the air per unit area in a given length of
time.
(26) "Person" or "Persons" means any individual, public or private
corporation, political subdivision, agency, board, department,
or bureau of the state, municipality, partnership, association,
firm, trust, estate or any other legal entity whatsoever which
is recognized by law as the subject of rights and duties.
(27) "Refuse" means a mixture of rubbish and garbage.
(28) "Ringelmann chart" means the Ringelmann Smoke Chart with in-
structions for use as published in May 1967 by the United States
Bureau of Mines.
(29) "Rubbish" means a mixture of non-putrescible solid waste exclud-
ing ashes and consisting of both combustible and non-combustible
wastes such as paper, cardboard, yard clippings, wood, glass,
cans, bedding, household articles and similar materials.
(30) "Sanitary Authority" means the Department of Environmental
Quality Commission of Oregon.
(31) "Smoke" means small gas-borne particles resulting from incom-
plete combustion, consisting predominately of carbon, ash, and
other combustible material present in sufficient quantity to be
observable or a suspension in a gas of solid particles in suf-
ficient quantity to be observable.
(32) "Suspended particulate" matter means particulate matter which
normally remains suspended in the atmosphere.
i
(33) "Standard conditions" in emission tests means a gas temperature
of 60 degrees F, and a gas pressure of 14.7 pounds per square
inch absolute.
(34) "Threshold level of olfactory detection" means the odor per-
ceptible threshold for fifty (50) percent of the odor panel as
determined by the dilution method described in the "American
Society of Testing Materials," "Standard Method for Measure-
ment of Odor in Atmospheres (Dilution Method)," Designation
D 1391-57 or an equivalent method.
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(35) "Wigwam waste burner" means a burner which consists of a single
combustion chamber, has the general features of a truncated cone
and is used for the incineration of waste.
(Additional definitions in Sections 15-050 and 19-010.)
Title 11
'(16.0) GENERAL POWERS AND DUTIES OF BOARD AND DIRECTOR
11-005 DUTIES AND POWERS OF THE BOARD.
(!)• The Board of Directors may exercise the functions vested in the
Environmental Quality Commission and shall carry out these func-
tions in the same manner as the Environmental Quality Commission
within the Region, and may take such reasonable action as may be
necessary to prevent air pollution, which may include control
or measurement of the emissions of air contaminants from the
source.
(2) The Board of Directors shall appoint a Director competent in
the field of air pollution control, who shall observe and en-
force the provisions of these Rules and all orders, ordinances,
resolutions or rules and regulations of this Authority pertain-
ing to the control and prevention of air pollution.
(3) The Board shall establish such procedures and take such action
as may be required to implement Section 10-005, consistent with
the Oregon statutes pertaining to air pollution.
11-010 DUTIES OF THE DIRECTOR.
(1) The Director shall:
(a) Seek compliance with these Rules by cooperation and con-
ciliation among all the parties concerned.
(b) Make any reasonable investigation or study which is
necessary for the purpose of enforcing these Rules or any
amendment thereto, for controlling or reducing the amount
'or kind of air contaminant.
(c) Be empowered to enter and inspect during operating hours
any property, premises, or place, and after four hours
notice when requested, for the purpose of investigating
either an actual or suspected source of air pollution or
air contaminant, or to ascertain compliance or noncompli-
ance with any rule or order of the Board.
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(d) Undertake a community education program to provide the
citizens, of the region a better understanding of the
nature of air pollution and its control.
(e) Be empowered to sign, execute, and serve official com-
plaints » citations, and notices of hearing on behalf of
the Board for the purpose of enforcing the provisions of
these Rules and the Statutes pertaining to air pollution.
(2) The Director may:
(a) For the purposes of obtaining a sample of air contaminant,
fuel, process material, or other material affects or may
effect the emission of air contaminants and is taken with-
in the plant boundaries, notify the owner or lessee of
the time and place of obtaining the sample so the owner
Or lessee has the opportunity to take a similar sample at
the same time and place.
(b) Employ persons including specialists and consultants, and
purchase materials and supplies necessary to carry out the
purpose of these Rules as approved by the Board.
(c) Recommend to the Board the adoption of such rules and pro-
cedures as are necessary or desirable to facilitate the
equitable administration of these Rules.
(d) Advise any fire permit granting agency having jurisdiction
in the region that meteorological conditions existing in
specific area may be such that open burning Under fire
permits issued by it would have an adverse effect on air
quality. The information so submitted by the Director
pursuant to this subsection is advisory only.
(e) Cause written warning to be served upon the alleged vio-
lator or violators whenever there is reason to believe
that any provision or provisions of these Rules have been
violated. This warning shall specify the provisions of
the rule alleged to be violated and the facts, alleged to
constitute a violation thereof, and may include recommend-
ations for necessary corrective action and specify a rea-
sonable time for this action.
(f) Negotiate with any person who will not be in compliance
with these Rules on the effective date, or a person found
at a .later date not in compliance, a reasonable time for
compliance as set forth in Section 12-015.
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11-015 CONFIDENTIAL INFORMATION.
(1) Whenever any records or other information furnished to or ob-
tained by the Authority relate to processes or production unique
to the owner or operator are likely to affect adversely the com-
petitive position of such owner or operator if released to the
public or a competitor, and the owner or operator of such pro-
cesses or production so certifies, in writing, such records or
information shall be only for the confidential use of the
Authority.
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CHAPTER II
•(3.0) REGISTRATION, REPORTS AND VARIANCES
(5.0)
(13.0)
Title 12
(3.0) REGISTRATION, REPORTS AND TEST PROCEDURES
(9.0
(13.
12-001 REGISTRATION OF SOURCES.
(1) Upon request of the Authority, all air contaminant sources with-
in the jurisdiction of the Authority shall register with the
Authority.
(2) Registration shall be completed within 30 days following date
of request.
(3) Registration shall be made by the owner, lessee of the source or
agent on forms furnished by the Director. The .owner, lessee of
the source or agent, shall be responsible for the registration
and the correctness of the information submitted.
(4) The Director may require from registrants any information rele-
vant to air pollution such as but not limited to
(a) name, address and nature of business;
(b) air pollution control equipment being utilized;
(c) location, size and'height of air contaminant Outlets;
(d) process employed;
' (e1) type and quantity of fuels used;
(f) amounts, nature and duration of air contaminant emission;
\
(g) amounts and methods of refuse disposal; and
(h,) name of local person responsible for compliance with these
Rules.
(5) Each registration shall be signed by the owner, lessee or agent
to verify the registration information.
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(6) Any air contaminant source that is subject to the requirement
of registration shall maintain such registration in current
status by re-registering with the Authority of any change made
affecting the information on file. (Adopted 5-19-70)
12^006 NOTICE OF CONSTRUCTION.
(1) Except for those sources exempted in Table.I of this section,
no person shall construct, install, or establish new air pollution
control equipment or new process equipment from the air contami-
nant sources referred to in subsection (3) of this section with-
out first notifying the Director in writing.
(2) All persons, firms and corporations operating or maintaining
industrial, institutional or commercial establishments shall
notify the Director in writing and submit plans and specifications
as provided in Section 12-007 of these Rules prior to installa-
tion, construction or establishment of fuel burning equipment
rated at 400,000 BTU per hour or greater or incinerators.
(3) Classes of air contamination sources are those enumerated in the
"Standard Industrial Classification Manual" published by the
Executive Office of the President, Bureau of Budget, 1967, issued
by the Superintendent of Documents, U.S. Government Printing
Office, Washington, D.C., the major group classification being
as follows:
Agriculture Services
Mining and Quarrying of Nonmetallic Minerals Except Fuels
Manufacturing of:
Food and Kindred Products
Lumber and Wood Products Except Furniture
Furniture and Fixtures
Chemicals and Allied Products
Petroleum Refining and Related Industries
' Rubber and Miscellaneous Plastic Products
Electrical Machinery, Equipment, and Supplies
Leather and Leather Products
Stone, Clay, Glass and Concrete Products
Primary Metals Industry Except Aluminum
Fabricated Metal Products Except Ordinance Machinery
and Transportation Equipment
Machinery Except Electrical
Transportation Equipment
(4) For the purposes of this section, any additions to, enlargements
of, reductions to, or replacement of an existing air contamination
source shall be regulated the same as construction, installation
or establishment of a new contaminant source. (Adopted 5-19-70)
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TABLE I
(Rule 12-006)
AIR CONTAMINANT SOURCES EXEMPT FROM NOTICE OF CONSTRUCTION
. (1) Mr conditioning or ventilating systems not designed to remove
air contaminants generated by or released from equipment.
(2) Atmosphere generators used in connection with metal heat treating
processes.
(3) Blast cleaning equipment which uses a suspension of abrasive in
liquid.
(4) Foundry sand mold forming equipment, unheated.
(5) Fuel burning equipment which is used solely for a private dwell-
ing serving four families or less.
(6) Insecticide spray equipment.
(7) Internal combustion engines, .excluding gas turbine and jet
engines.
(8) Laboratory equipment used exclusively for chemical or physical
analyses.
(9) Laundry driers, extractors or tumblers used exclusively for the
removal of water from fabric.
(10) Sewing equipment.
(11) Surface coating by use of an aqueous solution or a suspension.
(12) Steam'cleaning equipment.
(13) Storage tanks, reservoirs or containers:
(a) of a capacity of 6,000 gallons or less used for organic
solvents, diluents or thinners.;
(b1) of a capacity of 40,000 gallons or less used for liquid
fuels including gasoline,.lubricating oil, tallow, vege-
table oil or wax emulsions.
(14) Vacuum cleaning systems used for housekeeping.
(15) Vacuum producing devices used in laboratory operations and
vacuum producing devices which do not remove or convey air con-
taminants from or to another source.
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(16) Vents used exclusively for:
(a) Sanitary or storm drainage systems; or
(b) Safety valves
(17) Washing or drying equipment used for products fabricated from
metal or glass, if no volatile organic material is used.
(18) Welding, brazing or soldering equipment.
(19) Asphalt laying equipment.
(20) Equipment used in agricultural operations.
(21) Barbecue equipment used in connection with any residence.
12-007 SUBMISSION OF PLANS AND SPECIFICATIONS.
(1) Within 30 days of receipt of construction notice, the Director
may require, prior to construction, installation or establish-
ment of the air contamination source or sources covered thereby,
registration as required in Rule 12-001 and the submission of
plans and specifications drawn in accordance with acceptable
engineering practices. Such plans and specifications shall in-
clude the estimated quantities of input and output of air con-
taminants together with the estimated efficiency of the air
pollution control equipment and shall be accompanied by a
description of the process and a related flow.chart. A plot
plan, including the distance and the height of buildings within
a reasonable distance from the place where the equipment is or
will be.installed also shall be submitted.
(2) Sufficient information shall be included to show that the pro-
posed equipment or control apparatus will meet the emission
standards as set forth in these Rules. The Director may request
corrections and revisions to the plans and specifications, if
any, to insure compliance with these Rules. (Adopted 5-19-70)
12-008 NOTICE OF APPROVAL.
(1) The Director shall, upon determining that the proposed con-
struction is, in the opinion of the Authority, in accordance
with the provisions of these Rules, promptly notify the person
concerned that construction may proceed. A notice of approval
to proceed with construction shall not relieve the owner of the
obligation of complying with the emission standards of these
Rules. (Adopted 5-19-70)
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12-009 ORDER PROHIBITING CONSTRUCTION.
(1) If within 60 days of receipt of plans, specifications or any
subsequently requested revisions or corrections to the plans and
specifications or any other information required pursuant to this
Section, the Authority determines that the proposed construction,
installation or establishment is not in accordance with the pro-
visions of these Rules, it shall issue an order prohibiting the
construction, installation, or establishment of the air contami-
nation source or sources. Failure of such order to issue with-
in the time prescribed herein shall be considered a determination
that the construction, installation or establishment may proceed,
provided that it is in accordance with plans, specifications and
any corrections or revisions thereto, or other information, if
any, previously submitted; and further provided, it shall not
relieve the owner of the obligation of complying with the emis-
sion standards of these Rules.
(2) Any person against whom the order is directed may within 20 days
from the date of mailing of the order, demand a hearing. The
demand shall be in writing, shall state the grounds for hearing
and shall be mailed to the Authority. The hearing shall be con-
ducted pursuant to the provision of Rules 19-005 to 23-030.
(Adopted 5-19-270)
12-010 NOTICE OF COMPLETION.
(1) Notice shall be provided in writing to the Authority of the com-
pletion, installation or establishment and the date when the
operation will commence. (Adopted 5-19-70)
12-015 SCHEDULE OF COMPLIANCE.
(1) (a) A person responsible for emissions which is not in com-
pliance with these Rules on their effective date or a
person responsible for emissions found by the Director at
a later date not in compliance, shall submit to the Di-
rector for approval a schedule for compliance containing
estimates of time for engineering, time for procurement,
^ime for fabrication and time for installation and adjust-
'ment.
(b) A request to amend the original schedule may be submitted
within nineth (90) days of the original request, provided
that material facts are submitted in writing, indicating
a different reasonable schedule is required for compliance.
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(2) (a) If a person who has been given such reasonable time for
compliance fails either to comply with these Rules by the
time specified, or to make reasonable progress towards
completion in any phase of such installation as is required
for final compliance, the Director may require of such
person such further reports as he deems necessary to show
reasonable progress toward compliance.
(b) The Director may, if he finds unreasonable del ay * proceed
in accordance with the enforcement procedures contained
in these Rules.
12-020 SOURCE EMISSION TESTS.
(1) Whenever the Director has reason to believe an emission in excess
of that allowed by these Rules is occurring or is liekly to
occur he may:
(a) Require any person responsible for emission of air con-
taminants to make or have made tests to determine the
emission of air contaminants from any source.
(b) Specify testing methods to be used in accordance with good
professional practice and he may observe the testing.
(c) Require that all tests shall be conducted by reputable,
qualified personnel.
(d) Require that he be supplied with a copy of the test results
in writing and signed by the person responsible for the
test.
(e) Require installation of emission monitoring equipment and
submission of monitoring records or make such other pro-
visions so that operators of air contaminant sources may
know the nature or appearance of emissions.
(2) The Director may conduct tests of emissions of air contaminants
from any source, and may request the person responsible for the
spurce to be tested to provide necessary holes and stacks or
ducts and such other safe and proper sampling and testing fa-
cilities, exclusive of instruments and sensing devices as may
be necessary for proper determination of emission of air con-
taminants.
(3) The Director shall, upon request, supply a copy of the test
results to the person responsible for the source of air con-
taminant emission.
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(4) All sampling methods used will be maintained in a file in the
Director's office, which are available for review by interested
. persons during normal working hours. (Amended 5-19-70)
12-025 UPSET CONDITIONS - REPORTS REQUIRED.
'(1) Emissions exceeding any of the limits established in these Rules
as a direct result of upset conditions in, or breakdown of, any
operating equipment or related air pollution control equipment,
or as a direct result of a shutdown, of such equipment for
scheduled maintenance, shall hot be deemed to be in violation
of these Rules, provided all the following requirements are met:
(a) For scheduled maintenance, a report shall be submitted at
least twenty-four (24) hours prior to shutdown.
(b) For upset condition or breakdown, a report shall in any
case be made within four (4) hours of the occurrence.
(2) The person responsible for such emissions shall, with all prac-
ticable speed, initiate and complete appropriate reasonable
action to correct the conditions causing such emissions to exceed
the limits of these Rules and to reduce the frequency of such
occurrence of such conditions; and shall, upon the request of
the Director, submit in writing a full report of such occurrence,
including a statement of all known causes and the nature of the
actions to be taken pursuant to the requirements of this section.
Title 13
(5.0) VARIANCES
13-005 CONDITIONS FOR GRANTING.
t
(1) The Board, by an order, may grant specific variances from the
particular requirements or limitations of these Rules to specific
persons or class of persons of such specific air contamination
sources, upon such conditions as it may deem necessary to pro-
tect the public health and welfare, if it finds the compliance
with the air quality standards of these Rules or any order issued
pursuant thereto is inappropriate because of conditions beyond
the control of the persons granted such variances, or because of
special circumstances which, would render compliance unreasonable,
burdensome, or impractical due to special physical conditions or
cause, or because no other alternative, facility, or method of
handling is yet available.
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(2) In determining whether or not a variance shall be granted, in
all cases the equities involved and the advantages and disad-
vantages to the persons affected and the occupation or activity
shall be weighed by the Board of Directors.
13-010 PROCEDURE FOR REQUESTING.
(1) Any person requesting a variance shall make his request in
writing and shall state in a concise manner the facts to show
cause why such variance should be granted.
13-015 PERIOD OF.VARIANCE.
(1) Variances shall be for a period of time not to exceed twelve
(12) months, but may be renewed for a similar period of time by
the Board upon reapplication.
13-020 REVOCATION OR MODIFICATION.
(1) A variance granted may be revoked or modified by the Board after
a public hearing held upon not less than ten (10) days prior
notice.
(2) Such notice shall be served upon the holder of the variance and
all persons who have filed with the Board of Directors a written
request for such notification.
13-025 FILING AND REVIEW.
(1) A copy of each variance granted shall be filed with the Environ-
mental Quality Commission within fifteen (15) days after being
granted.
(2) The variance shall be reviewed by the Environmental Quality Com-
mission as provided in ORS 449.880.
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CHAPTER III
(4.0) STANDARDS AND PROHIBITED PRACTICES
Title 14
(4.0) AMBIENT AIR STANDARDS
14-005 GENERAL.
(1) No person shall cause, let, permit, suffer or allow any emission,
which emission when combined with other emissions that are pre-
sent in the ambient air are in excess of the standards enumer-
ated in this section, PROVIDED that the ambient air standards
shall not be enforceable on the property surrounding the emission
point if such property is contiguous and is in exclusive pos-
session and control of the person responsible for the emission.
14-010 PARTICULATE FALLOUT RATE.
(1) Particulate fallout rate measured at primary air mass stations,
primary ground level monitoring stations, or special stations
shall not "exceed:
(a) 10 grams of particulate matter per square meter per month
(lOg/sq. m/mo.) in an industrial area.
(b) 5 grams of particulate matter per square meter per month
(5 g/sq. m/mo.) in an industrial area if visual observation
show a presence of wood waste or soot and the volatile '
fraction of the sample exceeds 70 percent (70%).
(c) 5 grams of particulate matter per square meter per month
(5g/sq. m.mo.) in residential and commercial areas.
(d) '3.5 grams of particulate matter per square meter per month
(3.5g/sq. m/mo.) in residential and commercial areas if
visual observations show the presence of wood waste or
•soot and the volatile fraction of the sample exceeds 70
percent (70%).
(e) 0.35 of a gram of calcium oxide per square meter per month
(G.35g/sq. m/mo.) in residential and commercial areas.
(Amended 5-19-70)
14-015 SUSPENDED PARTICULATE MATTER.
(1) The concentration of suspended particulate matter measured in the
air at primary air mass stations shall not exceed:
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(a) 60 micrograms per cubic meter of air (60 ug/m3) for more
than 50 percent of the samples collected in any one calen-
dar year, based on not less than 85 samples with at least
7 samples per month.
(b) 100 micrograms per cubic meter of air (100 jjg/m3) for more
than.15 percent of the samples collected any calendar month
based on not less than 7 samples.
(c) 20 micrograms of calcium oxide per cubic meter of air
'(20 fjg/mS) in residential and commercial areas at any time.
(Adopted 5-19-70)
14-020 CONTROL OF ODORS IN AMBIENT AIR.
(1) No person shall cause or permit the emission of odorous matter
in such manner as to cause a public nuisance or:
(a) That occurs for sufficient duration or frequency so that
two measurements made within a period of one (1) hours,
separated by 15 minutes, off the property surrounding the
emission point that is equal to or greater- than a Scento-
meter No. 0 or equivalent dilutions, in areas used for
residential, recreational, educational, institutional,
hotel, retail sales or other similar purposes.
(2) In all land use areas other than (l)(a) above, release of odor-
ous matter shall be prohibited if equal to or greater than a
Scentometer No. 2 odor strength, or equivalent dilutions.
14-025 SULFUR DIOXIDE.
(1) Sulfur dioxide in the ambient air measured at primary air mass
stations, primary ground level monitoring stations, or special
stations shall not exceed the limitation shown in Table II of
this Rule. (Adopted 5-19-70)
TABLE II
(Rule 14-025)
AMBIENT AIR STANDARDS FOR SULFUR DIOXIDE
Sulfur Dioxide
(ppm by volume) Ave Period Frequency
0.75 ppm 15 min. Once any 8 consec. hrs.
0.40 ppm 1 hr. Once any 4 consec. days
0.10 ppm 24 hrs. Once in any 30 consec. days
0.05 ppm 30 days Any 30 consec. days
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14-030 CARBON MONOXIDE.
(1) Carbon monoxide in the ambient air measured at primary air mass
stations or primary ground level monitoring stations shall not
exceed an average concentration of twenty (20) ppm by volume for
any consecutive eight (8) hours. (Adopted 5-19-70)1
Title 15
,(50.0) EMISSION STANDARDS
15-005 VISIBLE AIR CONTAMINANTS GENERAL.
(1) Fuel burning equipment, incinerators and equipment used in manu-
facturing processes shall be provided with sufficient control
apparatus to meet the emission standards of these regulations to
include means whereby the operator of the equipment shall be
able at all times during the operation to know the appearance of
the emission.
15-010 RESTRICTION ON EMISSION OF VISIBLE AIR CONTAMINANTS FOR EXISTING'
SOURCES.
(1) No person maintaining, owning or operating existing sources at
the date of adoption, except as provided in Section 15-011, of
these revised Rules shall discharge into the atmosphere from
any single source of emission whatsoever any air contaminant
for a period or periods aggregating more than three minutes in
any one hour which is:
(a) as dark or darker in shade as that designated as No. 1 on
the Ringelmann Chart, of
(b) of such an opacity as to obscure an observer's view to a
degree equal to or greater than the smoke as dark or darker
in shade as to that designated No. 1 on the Ringelmann
Chart. (Amended 5-19-70)
15-011 EXCEPTION FOR EXISTING FUEL BURNING EQUIPMENT UTILIZING WOOD
HASTE.
(1) No person maintaining, owning or operating existing fuel burning
equipment utilizing wood wastes at the date of adoption of these
revised rules shall discharge into the atmosphere from any single
source of•emission whatsoever any air contaminant for a period
or periods aggregating more than three minutes in any one hour
which is:
(a) as dark or darker in shade as that designated as No. 2 on
the Ringelmann Chart, or
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(b) of such an opacity as to obscure an observer's view to a
degree equal to or greater than the smoke as dark or darker
in shade as that designated No. 2 on the Ringelmann Chart.
(Adopted 5-19-70)
15-015 RESTRICTION OF EMISSION OF VISIBLE AIR CONTAMINANTS FROM NEW
SOURCES.
(1) No person owning, operating or maintaining new sources of emis-
sions obtained or installed after the date of adoption of these
rules shall discharge into the atmosphere from any single source
of emission whatsoever any air contaminant for a period or
periods aggregating more than 3 minutes in any one hour which is:
(a) as dark or darker in shade as that designated as No. 1 on
the Ringelmann Chart, or
(b) of such opacity as to obscure an observer's view to a
degree equal to or greater than does smoke as dark or
darker in shade than No. 1 on the Ringelmann Chart.
15-020 EXCEPTION DUE TO UNCOMBINED WATER.
Where the presence of uncombined water is the only reason for
failure of an emission to meet the requirements of Section 15-010,
15-011, and 15-015 such Sections shall not apply.
15-025 RESTRICTION ON EMISSION OF PARTICIPATE MATTER FOR EXISTING SOURCES.
(1) No person shall cause.or allow the emission of particulate matter
if the particulate matter discharged i.nto the atmosphere from
any single source existing at or prior to effective date of
these Rules exceeds the following weight at the point of dis-
charge:
(a) In wigwam waste burners and refuse burning equipment, 0.2
grains for each standard cubic foot of exhaust gas, ad-
justed to 50 percent excess air or calculated to 12 per-
cent carbon dioxide, exclusive of carbon dioxide from
auxiliary fuel.
(b) In fuel burning equipment, 0.2 grains for each standard
cubic foot of exhaust gas calculated to 12 percent carbon
dioxide.
(c) In equipment used in a manufacturing process, 0.2 grains
for each standard cubic foot of exhaust gas.
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15-030 RESTRICTION ON EMISSION OF PARTICULATE MATTER FROM NEU SOURCES.
(1) No person shall cause or allow the emission.of participate mat-
ter if the particulate matter discharged into the atmosphere
from any single source installed subsequent to the effective
date of these Rules, exceeds the following weights at the point
of discharge:
(a) : In wigwam waste burners or refuse burning equipment, 0.1
grain for each standard cubic foot of exhaust gas, ad-
justed to 50 percent excess air or calculated to 12 per-
cent carbon dioxide exclusive of carbon dioxide from
auxiliary fuel.
(b) In fuel burning equipment, 0.1 grain for each standard
cubic foot of exhaust gas calculated to 12 percent car-
bon, dioxide.
(c) In equipment used in manufacturing process, 0.1 grain for
each standard cubic foot of exhaust gas.
15-035 PREVENTING PARTICULATE MATTER FROM BECOMING AIRBORNE.
(1) No person shall cause or permit:
(a) The handling or transporting or storage of any material
in a manner which allows or may allow unnecessary amounts
of particulate matter to become airborne, or
(b) A building or its appurtenances or road or a driveway or
an open area to be constructed, used, repaired, or de-
molished without taking reasonable measures to prevent
particulate matter from becoming airborne, or
(c) Untreated open areas located in a private lot or private
'roadway to be maintained without taking reasonable pre-
cautions to prevent particulate matter from becoming air-
borne.
15-040 OTHER EMISSION.
(1) It shall be unlawful for any person to cause or permit the emis-
sion bf an air contaminant including an air contaminant or emis-
sion that is not otherwise covered by these regulations, if the
air contaminant causes or tends to cause injury, detriment,
nuisance or annoyance to any considerable number of people or
to the public or which causes or has a natural tendency to cause
injury or damage to business or property so as to constitute a
public nuisance.
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15-050 DEFINITIONS (Process Weight).
(1) As! used in Rules 15-050 to 15-070 unless the context otherwise
requires:
. (a) "Process Unit" means all equipment and appurtenances with-
in an economic unit which produces goods or services at a
single physical location and is engaged in one, or pre-
dominantly one, type of economic activity for which a
Standard Industrial Classification code is applicable.
(b) "Process Weight per Hour" is the total hourly rate at
which process materials, including solid fuels, but ex-
cluding liquid and gaseous fuels, are introduced into a
process unit.
(c) "Standard Industrial Classification" means the classifi-
cation or codification of units by type of activity, as
enumerated in the "Standard Industrial Classification
Manual" published by the Executive Office of the President-
Bureau of Budget, 1967, prepared by Office of Statistical
Standards and issued by the Superintendent of Documents,
U.S. Government printing office, Washinqton, D.C. (Adopted
5-19-70)
15-055 EMISSION LIMITATIONS (Process Weight).
Except as otherwise provided in these Rules, no person shall
cause, suffer, allow or permit the emission of particulate
matter in any one hour from any process unit in excess of the
amount shown in Table III of- these Rules for the process weight
per hour allocated to such process unit. (Adopted 5-19-70)
15-060 EXCEPTIONS (Process Weight).
(1) Rule 15-050 to 15-070 does not apply to the burning of fuel for
the indirect heating and burning of refuse in which the products
of combustion do not come into direct contact with process
materials.
(2) Persons presently owning, maintaining and operating particle-
board process units shall comply with Rules 15-050 to 15-070
on or before July 1, 1973. Upon adoption of these amendatory
Rulesi such persons shall proceed with a progressive program
of air pollution control, applying the highest and best practi-
cal methods of treatment and control currently available and
shall, at the request of the Authority, submit periodic reports
in such form and frequency as directed to demonstrate the progress
that such units are making toward full compliance with Rule
15-050 to 15-070. (Adopted 5-19-70)
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15-065 • SEPARATE'PROCESS UNITS (Process Weight).
(1) Where a single physical location encompasses two or more distinct
an,d separate economic activities for which different Standard
Industrial Classification codes are applicable, such activities
shall be treated as separate process units, provided it is deter-
mined that:
i
(a) Such activities are not ordinarily associated with one
another at common physical locations;
(b) No one industry description in the Standard Industrial
Classification includes such combined activities. (Adopted
5-19-70)
15-070 GENERAL PROVISIONS (Process Weight).
(1) Process weight per hour shall be based upon the process materials
introduced into the process unit in one complete operation or
cycle and the time required to complete that operation or cycle,
excluding any time during which the process unit is idle.
(2) The process weight per hour referred to in Rules 15-050 to 15-070
shall be based upon the normal operation maximum capacity of
the process unit and if such normal maximum capacity should be
increased by process or equipment changes, the new normal maxi-
mum capacity shall be used as the process weight in determining
the allowable emissions.
(3) Compliance with the specific emission standard in Rule 15-050 to
15-070 does not preclude required compliance with any other
applicable emission standard, or ambient air standard. (Adopted
5-19-70)
15-075 HOT - MIX ASPHALT PLANTS.
(1) The maximum allowable emissions of particulate matter from hot-
mix as*phalt plants shall be determined from Table III except that
the maximum allowable particulate emissions from processes greater
than 60,000 pounds per hour shall be limited to 40 pounds per
hour. (Adopted 5-19-70)
15-080 RESTRICTION OF EMISSION OF LARGE - SIZE PARTICULATE MATTER.
(1) No person shall cause or permit the emission of any particulate
matter which is larger than 125 microns in size provided such
particulate matter does or will deposit upon real property of
another person. (Adopted 5-19-70)
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15-085 RESTRICTION OF EMISSION OF SULFUR DIOXIDE.
•(1) No person shall cause or permit emission of sulfur dioxide in
excess of 1,000 parts per million by volume from any air contami'
nate emission source. (Adopted 5-19-70)
TABLE III
(Rules 15-050 to 15-070)
PARTICULATE MATTER EMISSIONS STANDARDS FOR PROCESS UNITS
Process
Lbs/Hr.
50
100
150
200
250
300
350
400
450
500
550
600
650
700
750
800
850
900
950
1,000
1,100
1,290
1,300
1,400
3,900 .
4,000
4,100
4,200
4,300
4,400
4,500
4,600
4,700
4,800
4,900
Emission
Lbs/Hr.
0.24
0.46
0.66
0.85
1.03
1.20
1.35
1.50
1.63
1.77
1.89
2.01
2.12
2.24
2.34
2.43
. 2.53
2.62
2.72
2.80
2.97
3.12
3.26
3.40
5.85
5.93
6.01
6.08
6.15
6.22
6.30
6.37
6.45
6.52
6.60
Process
Lbs/Hr.
1,500
1,600
1,700
1,800
1,900
2,000
2,100
2,200
2,300
2,400
2,500
2,600
2,700
2,800
2,900
3,000
3,100
3,200
3,300
3,400
3,500
3,600
3,700
3,800
13,000
14,000
15,000
16,000
17,000
18,000
19,000
20,000
30,000
40,000
50,000
Emission
Lbs/Hr.
3.54
3.66
3.79
3.91
4.03
4.14
4.24
4.34
4.44
4.55
4.64
4.74
4.84
4.92
5.02
5.10
5.18
5.27
5.36
5.44
5.52
5.61
5.69
5.77
11.89
12.50
13.13
13.74
14.36
14.57
15.58
16.19
22.22
28.30
34.30
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Process
Lbs/Hr.
5.
5,
6,
6,.
,000
,500
,000
,500
7,000
7,500
8,000
8,500
9,000
9,500
10,000
11,000
12,000
Emission
Lbs/Hr.
6.67
7.03
7.37
7.71
8.05
8.39
8.71
9,
9,
.03
.36
9.67
10.00
10.63
11.28
Process
Lbs/Hr.
60,000
70,000
80,000
90,000
100,000
120,000
140,000
160,000
200,000
1,000,000
2,000,000
6,000,000
Emission
Lbs/Hr.
40.00
41.30
42.50
43.60
44.60
46.30
47.80
49.00
51.20
69.00
77.60
92.70
Interpolation arid extrapolation of the data for process unit weight rates
in excess of 60,000 Ib/hr shall be accomplished by the use of the equation:
E = (55) (process weight in tons per hour) raised to the 0.11 power
minus 40, where E equals the process unit emission in Ib/hr.
Title 16
(2.0) PROHIBITED PRACTICES
AND CONTROL OF SPECIAL CLASSES
16-005 OPEN BURNING RESTRICTIONS.
(1) No person shall cause or permit any open outdoor fire or shall
conduct a salvage operation by open burning except the following:
(a) Fires, on site, of rubbish from any structure used exclu-
sively as a dwelling for not more than four families between
the hours of 10 A.M. to 4 P.M.; provided that after July 1,
1971, such burning shall be prohibited i.f refuse collection
service is available at the site on a regularly scheduled
basis and at reasonable cost.
(b) Fires of tree trunks and limbs, brush, and other land
clearing debris of comparable combustion characteristics
provided the site of such burning is not:
i '
(1) Within one mile of a designated interstate or state
primary highway; or
(2) Within one mile of a commercial municipal or private
airport; or .
1 (3) Within one quarter mile of a state secondary highway,
except for the initial land clearing for residential
development, which burning is allowable up to the
I highway right of way; or
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(4) Within one quarter mile of a residence, excepting a
, residence that may be located on the same property
as the burning site.
(c) Fires* including outdoor fireplaces and barbecues, used
'for cooking of food and small fires for ceremonial recre-
ational purposes.
(d) .Agricultural burning under ORS Chapters 449, 476, and 478.
(e) Fires set or permitted by any public officer, board council
or commission for the purpose of fire prevention, elimi-
nation of a fire hazard, or training for fire control.
(2) The fires and open burning permitted by subsection (l)(b) of this
section shall be subject to and conducted within time periods
and in accordance with burning requirements designated by the
Director.
(3) No open outdoor fire permitted under (l)(a) and (b) of this
section shall be allowed on any day when the Director advises
fire permit issuing agencies to not issue permits because such
practices would have an adverse effect on air quality.
(4) Nothing in this section shall relieve a person responsible for
such burning from the consequences of, or the damages, injuries,
or claims resulting from such burning nor the requirement to
obtain applicable fire permits from fire permit granting agencies.
(Amended 5-19-70)
16-010 MATERIALS EXCLUDED FROM ANY OPEN BURNING.
(1) No open outdoor fire allowed by this Rule shall contain garbage,
asphalt, waste petroleum products, painti rubber products, plastic,
or any substance or material which normally emits dense smoke or
obnoxious odors.
16-015 EVIDENCE OF OPEN BURNING.
(1) It shall be prima facie evidence that the person who owns or con-
trols property on which an outdoor fire occurs has caused or al-
lowed said outdoor fire is the responsible party and any out-
door fire in violation of these rules shall be extinguished by
the person responsible upon notice by the Director or his repre-
sentatives .
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16-105 EXISTING INCINERATORS, RESTRICTIONS.
No person shall cause or permit the emission of participate
matter from the stack or chimney of any existing incinerator
which is in excess of Section 15-015 and Section 15-025 of
these Rules. (Amended 5-19-70)
16-110 NEW INCINERATORS. RESTRICTIONS.
(1) All new incinerators after effective date of these rules shall:
(a) Be multiple-chambered incinerators, provided that the
Director may approve any type of incinerator if he finds
in advance of construction or installation that such other
type of incinerator is equally effective for the purposes
•of air pollution control as an improved multiple-chambered
incinerator;
(b) Meet the emission standards for particulate matter as pre-
scribed in Section 15-015 and 15-030.
16-115 WIGWAM WASTE BURNERS. CONSTRUCTION AND OPERATION.
(1) Wigwam waste burners shall meet provisions of ORS 449.800 and
Sections 24-005 through 24-020, OAR, of the Rules and Regulations
of•the State Sanitary Authority.
16-120 EXISTING WIGWAM WASTE BURNERS, OPERATION.
(1) Wigwam waste burners or similar devices in existence that are
normally used on the effective date of these rules may continue
in use provided their operation is in compliance with the emission
and ambient air standards of these rules.
16-125 NEW CONSTRUCTION - CONSENT REQUIRED.
(1) Construction of wigwam waste burners or similar devices in any
region is prohibited without prior approval of the Authority.
16-130 RESTRICTIONS ON THE CONCEALMENT AND MASKING OF EMISSIONS.
(1) No person shall willfully cause or permit the installation or use
of. any device or use of any. means such as dilution, which without
resulting in a reduction in the total amount of air contaminants
emitted, conceals an emission of air contaminants which would
otherwise violate these rules.
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(2) No person shall cause or permit the installation or use of any
device or use of any means designed to mask the emissions of an
air contaminant, which air contaminant causes or is likely to
cause detriment to health, safety or welfare of any person.
(Adopted 5-19-70)
16-135 RESTRICTION ON THE EMISSION OF WATER VAPOR.
(1) No person shall cause or permit emission of water vapor if the
water vapor causes detriment to the health, safety or welfare
of any person, or causes damages to property or business.
(Adopted 5-19-70)
16-140 ODOR CONTROL MEASURES.
(1) Control apparatus and equipment shall be installed and operated
to reduce to a minimum odor bearing gases or odor bearing parti -
culate matter emitted into the atmosphere.
(2) Gas effluent from animal matter reduction or incineration shall
be maintained at a temperature of 1200 degrees F. for at least
0.3 seconds, or controlled in another manner determined by the
Director to be equally or more effective.
(3) The Authority may require that bui.lding or equipment be closed
and ventilated so that all air, gases, arid particulate.matter
are effectively treated for removal or destruction of odorous
matter. (Adopted 5-19-70)
16-145 STORAGE AND HANDLING OF PETROLEUM PRODUCTS.
(1) In volumes of greater than 40,000 gallons, gasoline or any vola-
tile petroleum distillate or organic liquid having a vapor pres-
sure of 1.5 pounds per square inch absolute or greater under
actual storage conditions shall be stored in pressure tanks or
reservoirs or shall be stored in containers equipped with a
floating roof or vapor recovery system or other vapor emission
control device.
(2) Gasoline or petroleum distillate tank car or tank loading faci-
lities handling 20,000 gallons per day or more shall be equipped
with submersible filling devices or other vapor emission control
systems.
(3) Gasoline tanks with a capacity of 500 gallons or more, installed
after the adoption of these Rules, shall be equipped with sub-
mersible filling devices or other vapor emission control systems.
(Adopted 5-19-70)
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Title 17
(Reserved for Expansion)
Title 18 '
(Reserved for Expansion)
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CHAPTER IV
[16.0) RULES OF PRACTICE AND PROCEDURE
Title 19
(1.0) PURPOSE AND DEFINITIONS.
(2.0)
19-005 PURPOSE.
(1) The purpose of rules of practice and procedure is to prescribe
the procedure to be followed before the Mid-Willamette Valley
Air Pollution Authority in contested cases before the Authority,
and involving air pollution control matters.
(2) These rules shall be liberally construed to secure just, speedy,
and inexpensive determination of the issues presented.
19-010 DEFINITIONS.
(1) Unless the context denotes otherwise, the following words in
Titles 19 through 23 of these Rules shall mean:
(a) "Agency" means the Mid-Willamette Valley Air Pollution
Authority.
(b) "Staff" means the Director of the Authority and his assist-
ants and deputies.
(c) "Petition" includes a complaint, petition or remonstrance
relative to any condition or situation that is.repre-
sented to involve elements of air pollution within the
jurisdiction of the Authority.
Title 20
(16.0) PRE - HEARING PROCEDURES
20-005 METHOD OF INSTITUTING HEARINGS.
(1) A hearing may be instituted by the Agency on its own motion (as
provided in Section 20-035) or as follows:
(a) By petition from any interested person to secure a decla-
ratory ruling by the Agency on the applicability to any
person, property or state of facts of any rule or statute
enforceable by it,
(b) By petition from any interested person for the promul-
gation, repea.l or amendment of any rule by the agency.
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20-010 VERIFICATION OF THE PETITION.
(1) The petition shall be verified if in the opinion of the Agency
such verification appears necessary.
20-015 'CONTENTS OF THE PETITION.
(1) The petition shall be in writing, signed by, or on behalf of,
the petitioner, and shall contain a detailed statement of:
(a') Ultimate facts sufficient to show the situation is entitled
to the relief requested;
(b) The specific relief requested;
(c) All propositions of law to be asserted by the petitioner;
and
(d) The name and address of petitioner and of any other person
or persons necessary to the proceeding.
20-020 FILING OF THE PETITION.
An original and two copies of the petition, either in typewritten
or printed form, shall be field with the Agency. A petition
shall be deemed filed when received by the Agency. The Agency
shall notify the petitioner of such filing.
20-025 SERVICE OF THE PETITION, NOTICES, ORDERS.
(1) After the Petition has been filed, the Agency shall cause an
investigation to be made by its staff. If such investigation
reveals probable cause for complaint, the Agency shall dispatch
by registered or certified mail a true copy of the petition
together with a copy of the applicable rules or practice to all
necessary parties as named in the petition. Such petition shall
be deemed served on the date of mailing to the last known address
of the person being served.
(2) All motions, notices, pleadings, orders and decisions shall be
deemed served upon mailing by regular mail to the last known
address of all other parties.
20-030 ANSWERS, MOTIONS AND AMENDMENTS..
(1) Answers to petitions or other pleadings will not be required.
Where no answer is filed with the Agency all allegations of the
petition, will be deemed denied. If an answer or other pleadings
are desired, they shall be served and filed in the same manner
and form as provided by law.
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(2) The Agency, on its own motion or motion of any interested party,
may require, within ten days of the filing of the petition, that
the allegations in the petition be made more definite and certain.
Such motion shall point out the defects complained of and the
details desired. If the motion is granted, the petitioner shall
be given fifteen days after notice to comply with the order of
the officer in charge of the hearing. If this is not done, those
allegations complained of shall be stricken.
(3) At any time more than ten days prior to hearing, the petitioner
may amend his petition by serving a copy of the amended petition
on all necessary parties and by filing two copies with the
Agency. After that time, amendment may be allowed at the dis-
cretion of the Agency.
(4) The petitioner may withdraw his petition at any time prior to
hearing without prejudice. Thereafter, the petition may be with-
drawn only upon approval of the Agency.
20-035 INSTITUTIONS OF PROCEEDINGS.
(1) In case of failure by conference, conciliation and persuasion to
correct or remedy any source of any cause of air pollution or
air contamination which has resulted in a violation of any rule,
regulation or order of the Authority, the Agency may institute
a hearing by written notice issued and served upon the person
complained against.
(2) Contents of Notice.
The Notice shall be in writing, signed by the Chairman and
attested by the Director or his assistant, and shall contain:
(a) A summary of the complaint made by or to the Agency; or
in the alternative, a copy of the complaint shall be
attached to the notice.
(b) Specify the provisions of the statute or rule, regulations
or order of which the respondent is said to be in violation.
(
-------
(3) The respondent to such Notice or complaint may, within 15 days
after date of the notice, file a written answer thereto, and
may appear in person or by representative with or without counsel.
(4) The Notice shall be served as provided in Section 20-025 of
these Rules, not less than twenty days prior to the hearing
before the Agency.
(
(5) If the person served with Notice and Complaint fails to appear,
the Agency may take such action and issue and enter such specific
Order or make such specific determination as it shall deem ap-
propriate under the circumstances.
20-040 NOTICE OF HEARING.
(1) When a hearing has been requested by filing a petition, or by
the Agency upon its own motion, the Agency shall ascertain the
time most convenient to it and shall give all interested parties
twenty days' notice of the date and place where such hearing •
will be held and the nature of such hearing. This time may be
shortened or extended by stipulation of all parties or upon.
request to the agency by any party which request may be granted
or denied at the discretion of the Agency. The request shall
be supported by affidavit setting out facts in support thereof
and may be opposed by any other party in the same manner upon
good cause shown. The request shall be served as is provided
in these rules.
20-045 SUBPOENAS.
(1) Subpoenas requiring the attendance of witnesses or the production
' of'documentary or tangible evidence at a hearing may be issued
by the agency upon request by any part to the proceeding, in-
cluding the agency itself, upon proper showing of general rele-
vance «or reasonable scope of the evidence sought.
20-050 INTERVENTION.
(1) Any person having an interest in the subject matter of any pro-
ceedings may petition for leave to intervene in such proceeding
and may become a party thereto if the agency finds that such
person may be bound by the order to be entered in the proceeding
or that such person has a property or financial interest which
may not be adequately represented by existing parties; PROVIDED
that s^jch intervention would not unduly broaden the issues or
delay the proceedings. Except for good cause shown no petition
for leave to intervene will be entertained if filed less than
ten days prior to hearing.
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Title 21
16.0) HEARING PROCEDURE
21-010 CONDUCT OF HEARINGS.
(1) All hearings pertaining to the adoption of Rules and Standards
shall'be conducted by the Board of Directors. Other public
hearings shall be held either by the Board and conducted by the
chairman or by any member or members of the Board of Directors
or by a hearing officer as the Board of Directors may designate.
(Amended 5-19-70)
21-015 DISQUALIFICATION.
(1) Any party to a proceeding before an Agency may file an affidavit
of personal bias of any officer or officers representing the
agency. Any officer of the agency may withdraw from the pro-
ceeding whenever he deems himself disqualified because of per-
sonal bias except in those cases where such withdrawal may
preclude a hearing.
21-020 POWERS OF CHAIRMEN.
(1) The Chairman or Vice-Chairman of the Authority or a hearings
officer shall have the following powers:
(a) .To cause notice to be given of and hold hearings;
(b) To administer oaths and affirmations;
(c) To examine witnesses;
(d) To issue citations and subpoenas; (Subpoenas may be
served by any person authorized by the Chairman);
(e) To take or cause to be taken depositions as provided by
'law; '
(f) To rule upon offers of proof and receive evidence, and
prior to ruling may seek the advice of the Attorney for
the Authority in attendance at the hearing or meeting;
(g) To regulate the course of the hearing, including:
(A) The power to eject any person who in any manner
interferes with the orderly procedure of a hearing;
(B) May require parties to proceedings to submit in
advance of hearing a written list of prospective
witnesses and an estimate of time required to
present his or its case.
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(h) To hold conferences, before or during the hearing for the
settlement or simplification of issues, with the consent
of the parties;
(i) To dispose of procedural requests or similar matters;
(j) To take any other action authorized by these rules.
(Amended 5-19-70)
21-025 WHO MAY APPEAR AT HEARINGS.
(1) Each party may be represented by counsel.
(2) Any individual may appear for himself, and any member of a
partnership which is a party to any proceedings may appear for .
such partnership upon adequate identification. A boha fide
officer or a full-time employee of a corporation, association,
or of an individual may appear for such corporation, association
or individual by permission of the officer presiding at the
hearing.
21-030 STANDARD OF CONDUCT AT HEARINGS.
(1) Contemptuous conduct by any person appearing at a hearing shall
be grounds for his exclusion by the presiding officer from the
hearing.
21-035 HEARINGS REPORTER.
(1) The official record of the hearing shall be stenographically or
mechanically recorded by a person assigned by the agency capable
of doing such reporting. The method used shall be in the dis-
cretion of the Agency.
21-040 TRANSCRIPT OF TESTIMONY.
(1) A transcript of the official record shall be furnished by .the
Agency only for the purposes of judicial review.
21-045 CONTINUANCES AND POSTPONEMENTS.
(1) Motion for continuance or postponement of any hearing may be
granted by the Agency for good cause shown.
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Title 22
(16.0) EVIDENCE
22-010 GENERALLY.
(1) The testimony of witnesses at a hearing shall be upon oath or
affirmation administered by an officer or employee of the Agency
authorized to administer oaths and shall be subject to cross-
examination^ Any member of the Agency or its attorney may
interrogate witnesses at any stage of the proceedings, either
on direct or cross-examination. .
(2) Any witness may, in the discretion of the Agency, be examined
separately and apart from all other witnesses except those who
may be parties to the proceeding.
(3) The Agency may limit oral argument in its discretion.
22-015 OATH OR AFFIRMATION.
(1) The oath or affirmation taken by a witness before he may testify
shall be in the same form and manner as is provided by law.
This may be eliminated by stipulation of all parties, but for the
purpose of judicial review testimony not on oath or affirmation
shall be excluded from the record of the case.
22-020 RIGHT TO FULL AND TRUE DISCLOSURE OF THE FACTS.
(1) Every party shall have the right to present his case or defense
by oral, documentary or other satisfactory evidence, to submit
evidence in rebuttal, and to conduct such cross-examination as
may be required for a full and complete disclosure of the facts.
22-025 BURDEN OF PROOF.
(1) The petitioner shall have the burden of proof; provided, that
where proceedings are initiated by the Agency on its own motion,
the report of its Director as to the existence of air pollution,
and the cause thereof shall constitute prima facie evidence
thereof, unless satisfactorily rebutted, and such Report shall
constitute a part of the official record of the proceedings.
22-030 ADMISSION AND EXCLUSION OF EVIDENCE.
(1) The'rules of evidence and requirements of proof shall conform,
to the extent practicable with those in civil non-injury cases
in the circuit courts.
(2) Hearsay evidence shall not be admissible over an objection based
on lack of opportunity to cross-examine.
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(3) The Agency may limit expert and opinion evidence in its dis-
cretion.
22-035 OBJECTIONS.
(1) If a party objects to the admission or rejection of any evidence
or to the limitation of the scope of any examination or cross-
examination he shall state briefly the grounds of such objection,
whereupon the chairman shall give the party adversely affected
by its ruling on the objection, an automatic exception.
22-040 JUDICIAL NOTICE.
(1) After first advising all parties of its intention to do so, the
Agency may take notice of judicially cognizable facts as is pro-
vided by law (ORS 41.410 to 41.480) and of general technical or
scientific facts within the specialized knowledge of the officers
and staff of the agency.
22-045 INFORMAL DISPOSITION.
(1) Informal disposition may be made of. any contested case by stipu-
lation, agreed settlement, consent order or default; provided
that an order adverse to a party may be issued upon default only
upon prima facie case made on the record by the Agency. Such a
decision shall not be reviewable.
22-050 ARGUMENT AND SUBMITTALS.
(1) The Agpncy shall give the parties to the proceedings adequate
opportunity for the presentation of arguments in support of
motions, objections and exceptions to its proposed decision.
Prior to a proposed decision, the parties shall be afforded a
reasonable opportunity to submit for consideration proposed
findings and conclusions and supporting reasons therefor.
22-055 SUMMARY, FINDINGS AND RECOMMENDATIONS OF HEARINGS OFFICER.
i
(1) In the event the hearing is conducted by less than a majority
of the Board of Directors or by a hearings officer, a summary
of; the evidence with findings of fact and conclusions of law
and recommendations for decision shall be prepared by the
person or persons conducting the hearing and reviewed by the
Board of Directors prior to making its order.
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22-060 SERVICE OF FINDINGS BY HEARINGS OFFICER.
(1) A copy of the findings of fact and conclusions of law and the
proposed decision by the hearings officer shall be Served upon
each party adversely affected by the proposed decision. Within
five days after such service a party adversely affected may
submit written exceptions and the Board may provide opportunity
for oral argument. The Board shall consider the findings of
fact and conclusions of law, proposed decision, written excep-
tions and oral argument, if any, before making its decision.
Title 23
16.0) DECISION AND APPEAL
23-010 RECORD OF DECISION.
(1) The stenographic or mechanical record of the testimony and
exhibits, together with all papers, requests and rulings filed
in the proceeding shall constitute the exclusive record for
decision. The record shall include any agency proceeding upon
an affidavit of personal bias or disqualification of any officer
of the agency and the proposed and final decision, if any.
23-015 DECISION.
(1) If a majority of the Board of Directors has conducted the hearing
the Agency shall render its decision within sixty days after
completion of the hearing. A copy of the decision shall be
mailed to each party or his attorney of record. If the hearing
is conducted by a hearings officer, or by a member or members
constituting less than a majority of the Board, the final
decision shall be made and entered by the Board within sixty
days after conclusion of the hearing if no exceptions are filed,
or within sixty days after final arguments or written exceptions
to a proposed decision. (Adopted 5-19-70)
23-020 APPEAL.
(1) Any party to an.agency proceeding who is adversely affected by
the final decision may appeal to the Circuit Court in the form
and manner prescribed in ORS 183.480 and 449.805 (1).
(2) A person adversely affected by an Order or determination of the
Agency in matters relating to air pollution, but who is not a
party to the original proceedings, may institute proceedings
for a review thereof within the time and manner provided in
ORS 449.805 (2) (3).
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FEDERALLY PROMULGATED
REGULATIONS
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(6.0) 52.1975 COMPLIANCE SCHEDULE
(c) Federal compliance schedules.
(1) Except as provided in subparagraph (11) of this paragraph
the owner or operator of any primary aluminum plant sub-
ject to the following emission limiting regulation in
the Oregon implementation plan shall comply with the com-
pliance schedule in subparagraph (2) of this paragraph:
Oregon Administrative Rules, chapter 340, section 25-265
• (app. 2-A of the Oregon Implementation Man).
(2) Compliance schedule for primary aluminum plants:
(i) December 1, 1973 - Submit to the Administrator a
final control plan which describes at a minimum
the steps which will be taken by the source to
achieve compliance with the applicable regulations.
(ii) January 31, 1974 - Negotiate and sign all necessary
contracts for emission control systems or process
modifications or issue orders for the purchase of
component parts to accomplish emission control or
process modification.
(iii) December 9, 1974 - Complete on-stte construction or
installation of emission control equipment or process
modification.
(iv) January 1, 1975 - Achieve compliance with the appli-
cable regulations and certify such compliance to the
Administrator.
(3) - (5) Reserved
(6) Except as provided in subparagraph (11) of this paragraph,
the owner or operator of any sulfite pulp mill subject to
'the following emission-limiting regulation in the Oregon
Implementation Plan shall comply with the compliance
schedule in subparagraph (7) and (8), as applicable, of
this paragraph: Oregon Administrative Rules, chapter 340,
section 25-36(app. 2-A of the Oregon Implementation Plan).
(7) Compliance schedule for sulfite mills of 110.tons or
' greater of air dried unbleached pulp per day:
(i) October 1, 1973 - Submit to the Administrator a final
control plan, which describes at a minimum the steps
which will be taken by the source to achieve compli-
ance with the applicable regulations.
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(ii) November 1, 1973 - Negotiate and sign all necessary
contracts for emission control systems or process
modifications, or issue orders for the purchase of
component parts to accomplish emission control or
process modification.
(iii) 'May 20, 1974 - Complete on-site construction or
installation of emission control equipment or process
modification.
(iv) July 1, 1974 - Achieve compliance with the applicable
regulations and certify such compliance to the Admin-
istrator.
(8) Compliance schedule for sulfite mills of less than 110 tons
of air dried unbleached pulp per day:
(i) October 1, 1973 - Submit to the Administrator a final
control plan, which describes at a minimum the steps
which will be taken by the source to achieve com-
pliance with the applicable regulations.
(ii) February 1, 1974 - Negotiate and sign all necessary
contracts for emission control systems or process
modifications, or issue orders for the purchase of
component parts to accomplish emission control or
process modification.
(iii) August 1, 1974 - Complete on-site construction or
.installation of emission control equipment or process
modification.
(iv) November 1, 1974 - Achieve compliance with the appli-
'cable regulations, and certify such compliance to the
Administrator.
(9) If a penformance test is necessary for a determination as
to whether compliance has been achieved, such a test must
be completed by the final compliance date in the appli-
cable compliance schedule. Ten days prior to such a test,
notice must be given to the Administrator to afford him
the opportunity to have an observer present.
(10) Within five days after the deadline for completing incre-
ments (ii) and (iii) in a compliance schedule above, certify
to the Administrator whether the increment has been met.
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(11) (i) The requirements of subparagraphs shall apply to a
source which is presently in compliance with appli-
cable regulations and which has certified such com-
pliance to the Administrator by October 1, 1973.
The Administrator may renuest "'hatever supporting
information he considers necessary for proper certi-
fication.
(ii) Any compliance schedule adopted by the State and
approved by the Administrator shall satisfy the
requirements of this paragraph for the affected source.
(iii) Any' owner or operator subject to a compliance schedule
in this paragraph may submit to the Administrator no
later than October 1, 1973, a proposed alternative
compliance schedule. No such compliance schedule
may provide for final compliance after the final com-
pliance date in the applicable compliance schedule
of this paragraph. If promulgated by the Administrator,
such schedule shall satisfy the requirements of this
paragraph for the affected source.
(12) Nothing in this paragraph shall preclude the Administrator
from promulgating a separate schedule for any source to
which the application-of a compliance schedule in this
paragraph falls to satisfy the requirements of 51.15 (b)
and (c) of this chapter.
(38 FR 16168, June 20, 1973, as amended at 38 FR 22746,
Aug. 23, 1973; 38 FR 24342, Sept. 7, 1973; 40 FR 33216,
Aug. 7, 1975)
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(17.0) 52.1987 Prevention of Significant Deterioration
(b) Definitions. For the purposes of this section:
(1) "Facility" means an identifiable piece of process equipment. A
stationary source is composed of one or more pollutant-emitting
faci1i ti es.
ii'
(2) The phrase "Administrator" means the Administrator of the Envi-
ronmental Protection Agency or his designated representative.
(3) The phrase "Federal Land Manager" means the head, or his desig-
nated representative, of any Department or Agency of the Fed-
eral Government which administers federally-owned land, includ-
ing public domain lands.
(4) The phrase "Indian Reservation" means any federally-recognized
reservation established by Treaty, Agreement, Executive Order,
or Act of Congress.
(5) The phrase "Indian Governing Body" means the governing body of
any tribe, band, or group of Indians subject to the jurisdiction
of the United States and recognized by the United States as pos-
sessing* power of self-government.
(6) "Construction" means fabrication, erection or installation of a
stationary source.
(7) "Commenced" means that an owner or operator has undertaken a
continuous program of construction or modification or that an
owner or operator has entered into a contractual obligation to
undertake and complete, within a reasonable time, a continuous
program of construction or modification.
(c) Area designation and deterioration increment
(1) Jhe provisions of this paragraph have been incorporated by ref-
'erence1into the applicable implementation plans for various
States, as provided in Subparts B through ODD of this part. Where
this paragraph is so incorporated, the provisions shall also be
'applicable to all lands owned by the Federal Government and In- ,
dian Reservations located in such State. The provisions of this
paragraph do not apply in those counties or other functionally
equivalent areas that pervasively exceeded any national ambient
air quality standards during 1974 for sulfur dioxide or particu-
late matter and then only with respect to such pollutants.
States may notify the Administrator at any time of those areas
which exceeded the national standards during 1974 and therefore
are exempt from the requirements of this paragraph.
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1
(2) (i) For purposes of this paragraph, areas designated as Class
I or II shall be limited to the following increases in
pollutant concentration occurring since January 1, 1975:
• Area Designations
Pollutant Class I Class II
(ug/m3) (ug/m3)
Particulate matter:
Annual geometric mean 5 10
24-hr maximum 10 30
Sulfur dioxide:
Annual arithmetic mean 2 15
' 24-hr maximum 5 100
3-hr maximum 25 700
(ii) For purposes of this paragraph, areas designated as Class
III shall be limited to concentrations" of "parti cul ate
matter and sulfur dioxide no greater than ths national
ambient air quality standards.
(iii) The air quality impact of sources granted approval to
construct or modify prior to January 1, 1975 (pursuant to
the approved new source review procedures in the plan)
but not yet operating prior to January 1, 1975, shall not
be counted against the air quality increments specified
in paragraph (c) (2) (i) of this section.
(3) (i) All areas are designated Class II as of the effective
date of this paragraph. Redesignation may be proposed by
the respective States, Federal Land Manager, or Indian
Governing Bodies, as provided below, subject to approval
by the Administrator.
(ii) The State may submit to the Administrator a proposal to
redesignate areas of the State Class I, Class II, or
Class III, provided that:
(a) At least one public hearing is held in or near the
area affected and this public hearing is held in
accordance with procedures established in 51.4 of
this chapter, and
i
(b) Other States, Indian Governing Bodies, and Federal
Land Managers whose lands may be affected by the
proposed redesignation are notified at least 30 days
prior to the public hearing, and
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(c) A discussion of the reasons for the proposed redes*
ignation is available for public inspection at least
30 days prior to the hearing, and the notice announc-
, ing the hearing contains appropriate notification of
the availability of such discussion, arid
(d) The proposed redesignation is based on the record of
the State's hearing, which must reflect the basis
for the proposed redesignation, including consider-
ation of (1) growth anticipated in the area, (2)
. the social, environmental, and economic effects of
such redesignation upon the area being proposed for
redesignation and upon other areas and States> and
(3) any impacts of such proposed redesignation upon
regional or national interests.
(e) The redesignation is proposed after consultation
with the elected leadership of local and other sub-
state general purpose governments in the area cov-
ered by the proposed redesignation.
(iii) Except as provided in paragraph (c) (3) (iv) of this
section, a State in which lands owned by the Federal Gov-
ernment are located may submit to the Administrator a
proposal to redesignate such lands Class I, Class II, or
Class III in accordance with subdivision (ii) of this
subparagraph provided that:
(a) The redesignation is consistent with adjacent State
and privately owned land, and
(b) Such redesignation is proposed after consultation
with the Federal Land Manager.
(iv) Notwithstanding subdivision (iii) of this subparagraph,
the Federal Land Manager may submit to the Administrator
a proposal to redesignate any Federal lands to a more
restrictive designation than would otherwise be applic-
' able provided that:
'(a) The Federal Land Manager follows procedures equiv-
alent to those required of States under paragraph
(c) (3) (ii) and,
(b) Such redesignation is proposed after consultation
with the State(s) in which the Federal Land is lo-
cated or which border the Federal Land.
(v) Nothing in this section is intended to convey authority
to the States over Indian Reservations where States havs
not assumed such authority under other laws nor is it
intended to deny jurisdiction which States have assumed
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under other laws. Where a State has not assumed juris-
diction over an Indian Reservation the appropriate In-
dian Governing Body may submit to the Administrator a
proposal to redesignate areas Class I, Class II, or
Class III, provided that:
(a) The Indian Governing Body follows procedures equiv-
alent to those required of States under paragraph
, (c) (3) (ii) and,
(b) Such redesignation is proposed after consultation
with the State(s) in which the Indian Reservation
is located or which border the Indian Reservation
and, for those lands held in trust, With the approv-
al of the Secretary of the Interior.
(vi) The Administrator shall approve, within 90 days, any re-
designation proposed pursuant to this subparagraph as
follows:
(a) Any redesignation proposed pursuant to subdivisions
(ii) and (iii) of this subparagraph shall be approv-
ed unless the Administrator determines (1) that the
requirements of subdivisions (ii) and (iii) of this
subparagraph have not been complied with, (2) that
the State has arbitrarily and capriciously disre-
garded relevant considerations set forth in sub-
paragraph (3) (ii) (d) of this paragraph, or (3)
that the State has not requested and received dele-
gation of responsibility for carrying out the new
source review requirements of paragraphs (d) and (e)
of this section.
(b) Any redesignation proposed pursuant to subdivision
(iv) of this subparagraph shall be approved unless
he determines (1) that the requirements of subdivi-
sion (iv) of this subparagraph have not been complied
with, or (2) that the Federal Land Manager has arbi-
trarily and capriciously disregarded relevant con-
siderations set forth in subparagraph (3) (ii) (d) of
this paragraph.
(c) Any redesignation submitted pursuant to subdivision
(v) of this subparagraph shall be approved unless he
determines (1) that the requirements of subdivision
(v) of this subparagraph have not been complied with,
or (2) that the Indian Governing Body has arbitrar-
ily and capriciously disregarded relevant consider-
ations set forth in subparagraph (3) (ii) (d) of this
1 paragraph.
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(d) Any redesignation proposed pursuant to this para-
graph shall be approved only after the Administrator
has solicited written comments from affected Federal
agencies and Indian Governing Bodies and from the
public on the proposal.
(ej Any proposed redesignation protested to the propos-
ing State, Indian Governing Body, or Federal Land
Manager and to the Administrator by another State or
Indian Governing Body because of the effects upon
such protesting State or Indian Reservation shall be
approved by the Administrator only if he determines
that in his judgment the redesignation appropriately
balances considerations of growth anticipated in the
area proposed to be redesignated; the social, envi-
ronmental and economic effects of such redesignation
upon the area being redesignated and upon other areas
and States; and any impacts upon regional or nation-
al interests.
(f) The requirements of paragraph (c) (3) (vi) (a) (3)
that a State request and receive delegation of the
new source review requirements of this section as a
condition to approval of a proposed redesignation,
shall include as a minimum receiving the administra-
tive and technical functions of the new source re-
view. The Administrator will carry out any required
enforcement action in cases where the State does not
have adequate legal authority to initiate such ac-
tions. The Administrator may waive the requirements
of paragraph (c) (3) (vi) (a) (3) if the State Attor-
ney-General has determined that the State cannot ac-
cept delegation of the administrative/technical func-
tions.
(vii) ,If the Administrator disapproves any proposed area desig-
nation under this subparagraph, the State, Federal Land
Manager or Indian Governing Body, as appropriate, may re-
submit the proposal after correcting the deficiencies
'noted by the Administrator or reconsidering any area des-
ignation determined by the Administrator to be arbitrary
and capricious.
(d) Review of new sources
(1) The provisions of this paragraph have been incorporated by refer-
ence into the applicable implementation plans for various States,
as provided in Subparts B through ODD of this part. Where this
paragraph is so incorporated, the requirements of this paragraph
apply to arty new or modified stationary source of the type iden-
tified below which has not commenced construction or modification
prior to June 1, 1975 except as specifically provided below. A
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source which is modified, but does not increase the amount of
sulfur oxides or particulate matter emitted, or is modified to
utilize an .alternative fuel, or higher sulfur content fuel, shall
not be subject to this paragraph.
(i) Fossil-Fuel Steam Electric Plants of more than 1000 mil-
'lio'n B.T.U. per hour heat input.
(ii) Coal Cleaning Plants.
(iii) Kraft'.Pulp Mills.
(iv) Portland Cement Plants.
(v) Primary Zinc Smelters.
(vi) Iro'n and Steel Mills.
(vii) Primary Aluminum Ore Reduction Plants.
(viii) Primary Copper Smelters.
(ix) Municipal Incinerators capable of charging more than 250
tons of refuse per 24 hour day.
(x) Sulfuric Acid Plants.
(xi) Petroleum Refineries.
(xii) Lime Plants.
(xiii) Phosphate Rock Processing Plants.
(xiv) By-Product Coke Oven Batteries.
(xv) Sulfur Recovery Plants.
(xvi) Carbon Black Plants (furnace process). .
('xvii) Primary Lead Smelters.
(xviii) Fuel Conversion Plants.
/ i
(xix) Ferroalloy production facilities commencing construction
after October 5, 1975.
(2) No owner or operator shall commence construction or modification
of a source subject to this paragraph unless the Administrator de-
termines that, on the basis of information submitted pursuant to
subparagraph (3) of this paragraph:
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(i) The effect on air quality concentration of the source or
modified source, in conjunction with the effects of growth
and reduction in emissions after January 1, 1975, of other
sources in the area affected by the proposed source, will
not violate the air quality increments applicable in the
area where the source will be located nor the air quality
increments applicable in any other areas. The analysis of
emissions growth and reduction after January 1, 1975, of
other sources in the areas affected by the proposed source
shall include all new and modified sources granted approv-
al to construct pursuant to this paragraph; reduction in
emissions from existing sources which contributed to air
quality during all or part of 1974; and general commer-
cial, residential, industrial, and other sources of emis-
sions growth not exempted by paragraph (c) (2) (111) of
this section which has occurred since January 1, 1975.
(11) The new or modified source will meet an emission limit,
to'be specified by the Administrator as a condition to
approval, which represents that level of emission reduc-
tion which would be achieved by the application of best
available control technology, as defined in 52.01 (f),
for particulate matter and sulfur dioxide. If the Admin-
istrator determines that technological or economic limi-
tations on the application of measurement methodology to
a particular class of sources would make the imposition
of an'emission standard infeasible, he may instead pre-
scribe a design or equipment standard requiring the appli-
cation -of best available control technology. Such standard
shall to the degree possible set forth the emission re-
ductions achievable by implementation of such design or
equipment, and shall provide for compliance by means which
iachieve equivalent results.
(iii) With respect to modified sources, the requirements of sub-
par.agraph (2) (ii) of this paragraph shall be applicable
only to the facility or facilities from which emissions
are increased.
(3) In makirig the determinations required by paragraph (d) (2) of this
section, the Administrator shall, as a minimum, require the owner
or operator of the source subject to this paragraph to submit:
site information, plans, description, specifications, and drawings •
showing the design of the source; information necessary to de-
termine the impact that the construction or modification will have
on sulfur dioxide and particulate matter air quality levels; and
any other information necessary to determine that best available
control technology will be applied. Upon request of the Adminis-
trator, the owner or operator of the source shall provide informa-
tion on 'the nature and extent of general commercial, residential,
industrial, and other growth which has occurred in the area af-
fected by the source's emissions (such area to be specified by the
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Administrator) since January 1,. 1975.
(4) (i) Where a new or modified source is located on Federal
Lands, such source shall be subject to the procedures
set forth in paragraphs (d) and (e) of this section.
Such procedures shall be in addition to applicable pro-
cedures conducted by the Federal Land Manager for admin-
. istration and protection of the affected Federal Lands.
Where feasible; the Administrator will coordinate his
review and hearings with the Federal Land Manager to
avoid duplicate administrative procedures.
(ii) New or modified sources which are located on Indian
Reservations shall be subject to procedures set forth in
' paragraphs (d) and (e) of this section. Such procedures
shall be administered by the Administrator in cooperation
with the Secretary of the Interior With respect to lands
, over which the State has not assumed jurisdiction under
other laws.
(iii) Whenever any new or modified source is subject to action
by a Federal Agency which might necessitate preparation
of an environmental impact statement pursuant to the
National Environmental Policy Act (42 U.S.C. 4321), re-
view by the Administrator conducted pursuant to this
paragraph shall be coordinated with the broad environmen-
tal reviews under that Act, to the maximum extent feas-
ible and reasonable.
(5) Where an owner or operator has applied for permission to con-
struct or modify pursuant to this paragraph and the proposed
source would be located in an area which has been proposed for
redesignation to a more stringent class (or the State, Indian
Governing Body, or Federal Land Manager has announced such con-
sideration), approval shall not be granted until the Administra-
tor has acted on the proposed redesignation.
(e) Procedures foripublic participation
(1) (i) Within 20 days after receipt of an application to con-
struct, or any addition to such application, the Admin-
istrator shall advise the owner or operator of any de-
ficiency in the information submitted in support of the
application. In the event of such a deficiency, the date
of receipt of the application for the purpose of para-
graph (e) (1) (ii) of this section shall be the date on
which all required information is received by the Admin-
istrator.
(ii) Within 30 days after receipt of a complete application,
the Administrator shall:
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(a) Make a preliminary determination whether the source
should be approved, approved with conditions, or dis-
approved.
(b) Make available in at least one location in each re-
gion in which the proposed source would be construct-
ed, a copy of all materials submitted by the owner or
operator, a copy of the Administrator's preliminary
• determination and a copy or summary of other materi-
als, if any, considered by the Administrator in mak-
ing his preliminary determination; and
'(c) Notify the public, by prominent advertisement in
newspaper of general circulation in each region in
which the proposed source would be constructed, of
the opportunity for written public comment on the in-
formation submitted by the owner or operator and the
Administrator's preliminary determination on the ap-
provability of the source.
(iii) A copy of the notice required pursuant to this subpara-
graph shall be sent to the applicant and to officials and
agencies having cognizance over the locations where the
source will be situated as follows: State and local air
pollution control agencies, the chief executive of the
city and county; any comprehensive regional land use plan-
ning agency; and any State, Federal Land Manager or In-
dian Governing Body whose lands will be significantly af-
fected by the source's emissions.
(iv) Public comments submitted in writing within 30 days after
the date such information is made available shall be con-
sidered by the Administrator in making his final decision
on the application. No later than 10 days after the
close of the public comment period, the applicant may sub-
mit a written response to any comments submitted by the
public. The Administrator shall consider the applicant's
response in making his final decision. All comments shall
1 be made available for public inspection in at least one
location in the region in which the source would be located,
(v) The Administrator shall take final action on an applica-
tion within 30 days after the close of the public comment
period. The Administrator shall notify the applicant in
writing of his approval, conditional approval, or denial
1 of the application, and shall set forth his reasons for
conditional approval or denial. Such notification shall
be made available for public inspection in at least one
location in the region in which the source would be lo-
cated.
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(vi) The Administrator may extend each of the time periods
specified in paragraph (e) (1) (ii), (iv), or (v) of this
section by no more than 30 days or such other period as
agreed to by the applicant and the Administrator.
(2) Any owner or operator who constructs, modifies, or operates a
stationary source not in accordance with the application, as ap-
proved and conditioned by the Administrator, or any owner or op-
erator of a stationary source subject to this paragraph who com-
mences construction or modification after June 1, 1975, without
applying for and receiving approval hereunder, shall be subject
to enforcement action under section 113 of the Act.
(3) Approval to construct or modify shall become invalid if construc-
tion or expansion is not commenced within 18 months after receipt
of such approval or if construction is discontinued for a period
of 18 months or more. The Administrator may extend such time pe-
riod upon a satisfactory showing that an extension is justified.
(4) Approval to construct or modify shall not relieve any owner or
operator of the responsibility to comply with the control strat-
egy and all local, State* and Federal regulations which are part
of the applicable State Implementation Plan.
(f) Delegation of authority
(1) The Administrator shall have the authority to delegate responsi-
bility for implementing the procedures for conducting source re-
view pursuant to paragraphs (d) and (e), in accordance with sub-
paragraphs (2), (3), and (4) of this paragraph.
(2) Where the Administrator delegates the responsibility for imple-
menting the .procedures for conducting source review pursuant to
this section to any Agency, other than a regional office of the
Environmental Protection Agency, the following provisions shall
apply:
(i) Where the agency designated is not an air pollution con-
trol agency, such agency shall consult with the appropri-
• ate State and local air pollution control agency prior to
making any determination required by paragraph (d) of
this section. Similarly, where the agency designated
d,oes not have continuing responsibilities for managing
land use, such agency shall consult with the appropriate
State and local agency which is primarily responsible for
managing land use prior to making any determination re-
quired by paragraph (d) of this section.
(ii) A copy of the notice pursuant to paragraph (e) (1) (ii)
(ic) of this section shall be sent to the Administrator
through the appropriate regional office.
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(3) In accordance with Executive Order 11752, the Administrator's
authc.nty for 'implementing the procedures for conducting source
review pursuant to this section shall not be delegated, other than
to a regional office of the Environmental Protection Agency, for
new or modified sources which are owned or operated by the Federal
government or for new or modified sources located on Federal lands;
except that, with respect to the latter category, where new or
modified sources are constructed or operated on Federal lands pur-
suant to leasing or other Federal agreements, the Federal land
Manager mayat his discretion, to the extent permissible under ap-
plicable statutes and regulations, require the lessee or permittee
to be subject to a designated State or local agency's procedures
developed pursuant to paragraphs (d) and (e) of this section.
(4) The Administrator's authority for implementing the procedures for
conducting source review pursuant to this section shall not be re-
delegated, other than to a regional office of the Environmental
Protection Agency, for new or modified sources which are located
on Indian reservations except where the State has assumed juris-
diction over such land under other laws, in which case the Admin-
istrator may delegate his authority to the States in accordance
with subparagraphs (2), (3), and (4) of this paragraph.
(39 FR 42514, Dec. 5, 1974; 40 FR 2802, Jan. 16, 1975, as
amended at 40 FR 24535, June 9, 1975; 40 FR 25005, June 12,
2975; 40 FR 42012, Sept. 10, 1975)
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