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.
                                              -5-

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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.
                                    -6-

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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.
                                 -7-

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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:
                                     -8-

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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.
                                 -9-

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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:
                                    -10-

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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.
                                            -11-

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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.
                                    -12-

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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.
                                    -13-

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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:
                                     -14-

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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
                                             -15-

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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 '-"


                                    -16-

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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.
                                   -17-

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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.
                                    -18-

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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
                                             -19-

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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.
                                            -20-

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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
                                            -21-

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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.


                                   -23-

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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!
                                            -24-

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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.
                                            -25-

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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.
                                    -27-

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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.
                                             -28-

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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,
                                -29-

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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
                                    -31-

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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
                                   -32-

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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:
                                    -33-

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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
                                    -34-

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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.


                                    -35-

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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.
                           -36-

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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.
                           -37-

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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.
                                    -38-

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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.
                                -39-

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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.
                                   -40-

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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.
                               -41-

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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
                                    -42-

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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.
                                    -43-

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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.
                                    -44-

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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
                                            -45-

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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
                                             -51-

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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:
                                             -55-

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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.
                                     -56-

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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.
                                     -59-

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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).
                                            -63-

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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.
                                    -65-

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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
                                     -66-

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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
                                             -67-

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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.'
                                     -68-

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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
                                     -70-

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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
                                            -71-

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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.
                                    -72-

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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.
                                    -73-

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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.
                                            -76-

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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.
                                     -77-

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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
          a
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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.
                                -81-

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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.
                                -82-

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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:
                                     -83-

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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:
                                     -34-

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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.
                                     -85-

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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
                                     -86-

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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.
                                            -87-

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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.
                                -89-

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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,
                                             -90-

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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
                                     -91-

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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
                                     -92-

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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.
                                -93-

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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.
                                -94-

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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
                                     -95-

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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  
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(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.
                           -37-

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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.
                                    -98-

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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).
                               -99-

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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,
                                    -100-

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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.
                                   -101-

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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
                                   -102-

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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.
                                           -103-

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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.
                                            -104-

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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.
                                           -105-

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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.
                                           -106-

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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.
                               -107-

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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,
                                            -108-

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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.
                                    -109-

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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.
                                            -110-

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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
                                            •111-

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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 .
                                            -112-

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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-
                                           -11 3-

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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.
                                            -114-

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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.
                                           -115-

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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).
                              -116-

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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
                                    -117-

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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
                                  -11&--

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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.
                                            -119-

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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.
                                    •120-

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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
                                    -121-

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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.

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                        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
                                            -123-

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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
                              -124-

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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
                         -125-

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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
                              -127-

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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.
                               -126-

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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
                         -135-

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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
                               -138-

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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
                                   -139-

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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.

                                    -145-

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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.
                                    -150-

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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
                                   -154-

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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.
                                   -155-

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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
                                    -156-

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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.
                                   -158-

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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
                                    -161-

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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,
                               -162-

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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.
                                    -163-

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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
                                           -157-

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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
                                             -169-

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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
                                            -170-

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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).
                                            -171-

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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.
                                           -172-

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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.
                                           -173-

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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.
                                   -174-

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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.
                                   -175-

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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.
                                            -176-

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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
                                    -177-

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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.
                                     -178-

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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.
                                    -179-

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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.
                                     -180-

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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.
                                            -181-

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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.
                                    -182-

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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.
                                    -183-

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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.
                                    -184-

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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;
                                -185-

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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
                /
                                    -186-

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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.
                                    -187-

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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-
                                     -188-

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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,
                               -189-

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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.
                               -190-

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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
                           -191-

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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.
                          -192-

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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)
                                             -193-

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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
                                            -194-

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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.
                                     -195-

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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.
                                    -196-

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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.
                                     -197-

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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.
                                            -200-

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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.
                                    -201-

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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.
                                            -203-

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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
                              -204-

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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
                                -205-

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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
                                    -206-

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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.
                               -211-

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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.
                                  -213-

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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.
                                  -214-

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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.-
                               -215-

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-216-

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•-WI
                                      -217-

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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.
                                            -218-

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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.
                                  -219-

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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.
                                -220-

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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.
                               -221-

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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.
                                             -222-

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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.
                               -223-

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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.
                                   -224-

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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.
                                             -225-

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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)
                                   -226-

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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.
                                   -227-

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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)
                                   -228-

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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.
                                  -229-

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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.
                                   -230-

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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.
                                            -231-

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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.
                                  -232-

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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:
                                           -233-

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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
                                  -234-

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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
                                            -235-

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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.
                                   -236-

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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.
                                   -237-

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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)
                                  -239-

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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
                                   -240-

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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
                                           -241-

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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 .
                                  -242-

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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.
                                  -243-

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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)
                                  -244-

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    Title 17
(Reserved for Expansion)

    Title 18   '
(Reserved for Expansion)
                                 -245-

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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.
                                            -246-

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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.
                                   -247-

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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.

         (
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    (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.
                                   -249-

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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.
                                            -250-

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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.
                                   -251-

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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.
                                            -252-

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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.
                                   -253-

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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).
                                            -254-

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FEDERALLY PROMULGATED



     REGULATIONS
       -255-

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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.
                                          -256-

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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.
                          -257-

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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)
                          -258-

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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.
                                             -259-

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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
                             -260-

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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
                       -261-

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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.
                       -262-

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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
                                 -263-

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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:
                            -264-

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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
                            -265-

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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:
                                -266-

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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.
                        -267-

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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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