Stat. Auth.:ORS468.020 & 468A.025 Stats. Implemented:ORS468A.025 Hist.: [Deq 49, F. 2-9-73, Ef. 3-1-73; Deq 4-1993, F. & Cert. Ef. 3-10-93]; [Deq 60, F. 12-5-73, Ef. 12-25-73; ...

Link to law: http://arcweb.sos.state.or.us/pages/rules/oars_300/oar_340/340_236.html
Published: 2015

The Oregon Administrative Rules contain OARs filed through November 15, 2015

 

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DEPARTMENT OF ENVIRONMENTAL QUALITY

 
DIVISION 236
EMISSION STANDARDS FOR SPECIFIC INDUSTRIES
340-236-0005
Applicability and Jurisdiction
(1) This division applies in all areas
of the state.
(2) Subject to the requirements
in this division and OAR 340-200-0010(3), LRAPA is designated by the EQC to implement
the rules in this division within its area of jurisdiction.
NOTE: This rule is included in the
State of Oregon Clean Air Act Implementation Plan that EQC adopted under OAR 340-200-0040.
Stat. Auth.: ORS 468.020, 468A.025 &
468A.135
Stats. Implemented: ORS 468A.025
& 468A.135
Hist.: DEQ 7-2015, f. &
cert. ef. 4-16-15
340-236-0010
Definitions
The definitions in OAR 340-200-0020,
340-204-0010 and this rule apply to this division. If the same term is defined in
this rule and 340-200-0020 or 340-204-0010, the definition in this rule applies
to this division.
(1) "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.
(2) "Hot mix asphalt plants"
means those facilities and equipment which convey or batch load proportioned quantities
of 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.
(3) "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.
(4) "Process weight" 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.
(5) "Special control areas"
means an area designated in OAR 340-204-0070 and:
(a) Any incorporated city
or within six miles of the city limits of said incorporated city;
(b) Any area of the state
within one mile of any structure or building used for a residence;
(c) Any area of the state
within two miles straight line distance or air miles of any paved public road, highway,
or freeway having a total of two or more traffic lanes.
NOTE: This rule is included in the
State of Oregon Clean Air Act Implementation Plan that EQC adopted under OAR 340-200-0040.
[Publications: Publications referenced
are available from the agency.]
Stat. Auth.: ORS 468.020
& 468A.025
Stats. Implemented: ORS 468A.025
Hist.: [DEQ 49, f. 2-9-73,
ef. 3-1-73; DEQ 4-1993, f. & cert. ef. 3-10-93]; [DEQ 60, f. 12-5-73, ef. 12-25-73;
DEQ 10-1982, f. & ef. 6-18-82; DEQ 4-1993, f. & cert. ef. 3-10-93; DEQ 22-1995,
f. & cert. ef. 10-6-95; DEQ 26-1995, f. & cert. ef. 12-6-95; DEQ 18-1998,
f. & cert. ef. 10-5-98]; DEQ 14-1999, f. & cert. ef. 10-14-99, Renumbered
from 340-025-0105, 340-025-0260; DEQ 8-2007, f. & cert. ef. 11-8-07; DEQ
7-2015, f. & cert. ef. 4-16-15

Reduction of Animal Matter

340-236-0300
Applicability
OAR 340-236-0300 through 340-236-0330 apply to the reduction of animal matter in all areas of the state which are within city limits or within two miles of the boundaries of incorporated cities.
Stat. Auth.: ORS 468 & ORS 468A

Stats. Implemented: ORS 468A.025

Hist.: SA 30, f. 6-7-68, ef. 8-1-68; DEQ 4-1993, f. & cert. ef. 3-10-93; DEQ 14-1999, f. & cert. ef. 10-14-99, Renumbered from 340-025-0070
340-236-0310
Control Facilities Required
(1) A person may 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:
(a) Incinerated at temperatures
of not less than 1,200° Fahrenheit for a period of not less than 0.3 seconds;
or
(b) Processed in such a manner
determined by DEQ to be equally, or more, effective for the purpose of air pollution
control than section (1).
(2) A person incinerating
or processing gases, vapors or gas-entrained effluents pursuant to this rule must
provide, properly install and maintain in calibration, in good working order and
in operation, devices as specified by DEQ, for indicating temperature, pressure
or other operating conditions.
(3) For the purpose of OAR
340-236-0300 through 340-236-0330, "reduction" is defined as any heated process,
including rendering, cooking, drying, dehydrating, digesting, evaporating and protein
concentrating.
(4) The provisions of OAR
340-236-0300 through 340-236-0330 do not apply to any article, machine, equipment,
or other contrivance used exclusively for the processing of food for human consumption.
Stat. Auth.: ORS 468.020 & 468A.025
Stats. Implemented: ORS 468A.025
Hist.: SA 30, f. 6-7-68,
ef. 8-1-68; DEQ 4-1993, f. & cert. ef. 3-10-93; DEQ 14-1999, f. & cert.
ef. 10-14-99, Renumbered from 340-025-0055: DEQ 7-2015, f. & cert. ef. 4-16-15
340-236-0320
Monitoring of Reduction Facilities
(1)(a) When requested by DEQ 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 must
be submitted for plant operational periods and must include:
(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 products processed 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.
(b) Except as otherwise required
under the Oregon Public Records Law, ORS 192.410 to 192.505, when requested by the
plant manager any information relating to processing or production must be kept
confidential by DEQ and may not be disclosed or made available to competitors or
their representatives in the rendering industry.
(2) Whenever a breakdown
of operating facilities occurs or unusual loads or conditions are encountered that
cause or may cause release of excessive and malodorous gases or vapors, DEQ must
be immediately notified.
Stat. Auth.: ORS 468.020, 468A.025,
468A.050 & 468A.070
Stats. Implemented: ORS 468A.025,
468A.050 & 468A.070
Hist.: SA 30, f. 6-7-68,
ef. 8-1-68; DEQ 4-1993, f. & cert. ef. 3-10-93; DEQ 14-1999, f. & cert.
ef. 10-14-99, Renumbered from 340-025-0060: DEQ 7-2015, f. & cert. ef. 4-16-15
340-236-0330
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 must 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 steam or hot water and detergent
or equivalent additive.
(2) All solid wastes must
be stored in covered containers and disposed of daily in an incinerator or fill,
approved by DEQ; 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 DEQ.
Stat. Auth.: ORS 468.020 & 468A.025
Stats. Implemented: ORS 468A.025
Hist.: SA 30, f. 6-7-68,
ef. 8-1-68; DEQ 4-1993, f. & cert. ef. 3-10-93; DEQ 14-1999, f. & cert.
ef. 10-14-99, Renumbered from 340-025-0065: DEQ 7-2015, f. & cert. ef. 4-16-15
Hot Mix Asphalt Plants
340-236-0400
Applicability
OAR 340-236-0400 through 340-236-0440
apply to hot mix asphalt plants.
NOTE: This rule is included in the
State of Oregon Clean Air Act Implementation Plan that EQC adopted under OAR 340-200-0040.
Stat. Auth.: ORS 468.020 & 468A.025
Stats. Implemented: ORS 468A.025
Hist.: DEQ 14-1999, f. &
cert. ef. 10-14-99: DEQ 7-2015, f. & cert. ef. 4-16-15
340-236-0410
Control Facilities Required
(1) No person may 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 hot mix asphalt plant are controlled by a control device or devices with a removal
efficiency for particulate matter of at least 80 percent by weight. To determine
compliance with this standard, the owner or operator must conduct a particulate
matter source test using DEQ Method 5 at the inlet and outlet of the control device.
If it is not feasible to conduct a particulate matter source test at the inlet to
the control device, the owner or operator must provide documentation demonstrating
that the control device is designed to meet the standard and prepare and implement
an operation and maintenance plan for ensuring that the control device will have
at least an 80 percent removal efficiency when operated.
(2) No person may 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, OAR 340-236-8010, attached herewith and
by reference made a part of this rule. Compliance is determined using DEQ Method
5. All source tests must be done using the DEQ Source Sampling Manual.
(3) Hot mix asphalt plants
are subject to the emission limitations in OAR 340-208-0110(1), 340-226-0210, and
340-238-0060, as applicable.
(4) If requested by DEQ,
the owner or operator must develop a fugitive emission control plan.
NOTE: This rule is included in the
State of Oregon Clean Air Act Implementation Plan that EQC adopted under OAR 340-200-0040.
Stat. Auth.: ORS 468.020, 468A.025 &
468A.070
Stats. Implemented: ORS 468A.025
& 468A.070
Hist.: DEQ 49, f. 2-9-73,
ef. 3-1-73; DEQ 4-1993, f. & cert. ef. 3-10-93; DEQ 14-1999, f. & cert.
ef. 10-14-99, Renumbered from 340-025-0110; DEQ 8-2007, f. & cert. ef. 11-8-07:
DEQ 7-2015, f. & cert. ef. 4-16-15
340-236-0420
Other Established Air Quality Limitations
The emission limits established under
OAR 340-236-0400 through 340-236-0440 are in addition to visible emission and other
ambient air standards, established or to be established by the EQC, unless otherwise
provided by rule.
NOTE: This rule is included in the
State of Oregon Clean Air Act Implementation Plan that EQC adopted under OAR 340-200-0040.
Stat. Auth.: ORS 468.020 & 468A.025
Stats. Implemented: ORS 468A.025
Hist.: DEQ 49, f. 2-9-73,
ef. 3-1-73; DEQ 4-1993, f. & cert. ef. 3-10-93; DEQ 14-1999, f. & cert.
ef. 10-14-99, Renumbered from 340-025-0115: DEQ 7-2015, f. & cert. ef. 4-16-15
340-236-0440
Ancillary Sources of Emission —
Housekeeping of Plant Facilities
(1) Ancillary air contamination sources
from a hot mix asphalt 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, must 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 truck traffic must be conducted at all times so as to minimize emissions into
the atmosphere.
NOTE: This rule is included in the
State of Oregon Clean Air Act Implementation Plan that EQC adopted under OAR 340-200-0040.
Stat. Auth.: ORS 468.020 & 468A.025
Stats. Implemented: ORS 468A.025
Hist.: DEQ 49, f. 2-9-73,
ef. 3-1-73; DEQ 4-1993, f. & cert. ef. 3-10-93; DEQ 14-1999, f. & cert.
ef. 10-14-99, Renumbered from 340-025-0125: DEQ 7-2015, f. & cert. ef. 4-16-15
Solid Waste Landfills
340-236-0500
Emission Standards for Municipal
Solid Waste Landfills
(1) Applicability. This rule applies
to small and large municipal solid waste landfills in the following categories:
(a) Landfills that have accepted
waste since 11/08/87;
(b) Landfills with no modifications
after 5/30/91;
(c) Landfills that closed
after 11/08/87 with no modifications after 5/30/91.
(2) General Requirements.
Landfills subject to this rule must comply with 40 CFR Section 60.751 through 60.759,
as adopted under OAR 340-238-0060, except as noted in Section 4 of this rule.
(3) Permitting requirements.
Landfills subject to this rule must comply with Oregon Title V Operating Permit
program requirements (Title V) as specified in OAR 340 divisions 218 and 220 except
as noted in (c):
(a) Existing large landfills
must submit a complete Oregon Title V Operating Permit application one year after
EPA approves the 111(d) State Plan associated with this rule;
(b) Existing small landfills
that are major sources as defined in OAR 340-200-0020 must submit a complete Title
V Operating Permit application within one year of becoming a major source;
(c) The exemption from the
Oregon Title V Operating Permit program in OAR 340-218-0020 for sources that are
not major does not apply to sources subject to this rule.
(4) Reporting requirements.
Landfills subject to this rule must comply with the following:
(a) Large landfills listed
in Subsection (1)(a) through (c) must comply with the following:
(A) Submit an Initial Design
Capacity Report and an Initial Nonmethane Organic Compound Report within 90 days
of the effective date of this rule; and
(B) Submit an annual Nonmethane
Organic Compound Report until nonmethane emissions are 50 Mg/year.
(b) Small landfills listed
in subsection (1)(a) through (c) must submit an Initial Design Capacity Report and
an Initial Nonmethane Organic Compound Report within 90 days of the effective date
of this rule.
(5) Definitions. As used
in this rule:
(a) "Closed municipal solid
waste landfill" or “closed landfill” means a landfill in which solid
waste is no longer being placed, and in which no additional solid wastes will be
placed without first filing a notification of modification as prescribed under 40
CFR 60.7(a)(4). Once a notification of modification has been filed, and additional
solid waste is placed in the landfill, the landfill is no longer closed. A landfill
is considered closed after meeting the criteria of 40 CFR 258.60;
(b) "Effective date" means
the date this rule is filed with the Secretary of State;
(c) "Existing municipal solid
waste landfill" or “existing landfill” means a municipal solid waste
landfill that began construction, reconstruction or modification before 5/30/91and
has accepted waste at any time since 11/08/87 or has additional design capacity
available for future waste deposition;
(d) "Large municipal solid
waste landfill" or “large landfill” means a municipal solid waste landfill
with a design capacity greater than or equal to 2.5 million megagrams or 2.5 million
cubic meters;
(e) "Modification" means
an action that results in an increase in the design capacity of the landfill;
(f) "Municipal solid waste
landfill" or landfill” means an entire disposal facility in a contiguous geographical
space where household waste is placed in or on land. A municipal solid waste landfill
may also receive other types of RCRA Subtitle D wastes such as commercial solid
waste, nonhazardous sludge, conditionally exempt small quantity generator waste,
and industrial solid waste. Portions of a municipal solid waste landfill may be
separated by access roads and may be publicly or privately owned. A municipal solid
waste landfill may be a new municipal solid waste landfill, an existing municipal
solid waste landfill, or a lateral expansion (modification);
(g) "New municipal solid
waste landfill" or “new landfill” means a municipal solid waste landfill
that began construction, reconstruction or modification or began accepting waste
on or after 5/30/91; and
(h) "Small municipal solid
waste landfill" or “small landfill” means a municipal solid waste landfill
with a design capacity less than 2.5 million megagrams or 2.5 million cubic meters.
Stat. Auth.: ORS 468.020, 468A.025,
468A.040 & 468A.050
Stats. Implemented: ORS 468A.025,
468A.040 & 468A.050
Hist.: DEQ 8-1997, f. &
cert. ef. 5-6-97; DEQ 22-1998, f. & cert. ef. 10-21-98; DEQ 14-1999, f. &
cert. ef. 10-14-99, Renumbered from 340-025-0745: DEQ 7-2015, f. & cert. ef.
4-16-15
340-236-8010
Table-Process Weight Table
[Table not included. See ED. NOTE.]
[ED. NOTE:
Tables referenced are not included in rule text. Click here for PDF copy of table(s).]
Stat. Auth.: ORS 468.020,
468A.025 & 468A.070
Stats. Implemented: ORS 468A.025
& 468A.070
Hist.: DEQ 7-2015, f. &
cert. ef. 4-16-15

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