OAR 208 Vis Emiss

The Oregon Administrative Rules contain OARs filed through June 15, 2006

DEPARTMENT OF ENVIRONMENTAL QUALITY

DIVISION 208

VISIBLE EMISSIONS AND NUISANCE REQUIREMENTS

340-208-0010

Definitions

The definitions in OAR 340-200-0020 and this rule apply to this division. If the same term is defined in this rule and OAR 340-200-0020, the definition in this rule applies to this division.

(1) "Abate" means to eliminate the nuisance or suspected nuisance by reducing or managing the emissions using reasonably available practices. The degree of abatement will depend on an evaluation of all of the circumstances of each case and does not necessarily mean completely eliminating the emissions.

(2) "Air Contaminant" means a dust, fume, gas, mist, odor, smoke, pollen, vapor, soot, carbon, acid or particulate matter, or any combination thereof.

(3) "Emission" means a release into the outdoor atmosphere of air contaminants.

(4) "Fuel Burning Equipment" means a boiler or process heater that burns a solid, liquid, or gaseous fuel, the principal purpose of which is to produce heat or power by indirect heat transfer,.

(5) "Fugitive Emissions" means emissions of any air contaminant that escape to the atmosphere from any point or area not identifiable as a stack, vent, duct, or equivalent opening.

(7) "Nuisance" means a substantial and unreasonable interference with another's use and enjoyment of real property, or the substantial and unreasonable invasion of a right common to members of the general public.

(8) "Odor" means that property of an air contaminant that affects the sense of smell.

(9) "Opacity" means the degree to which an emission reduces transmission of light and obscures the view of an object in the background as measured in accordance with OAR 340-212-0120 and 212-0140. Unless otherwise specified by rule, opacity shall be measured in accordance with EPA Method 9. For all standards, the minimum observation period must be six minutes, though longer periods may be required by a specific rule or permit condition. Alternatives to EPA Method 9, such as a continuous opacity monitoring system (COMS) or alternate Method 1 (LIDAR) may be used if approved in advance by the department, in accordance with the Source Sampling Manual.

(10) "Particulate matter" means all finely divided solid or liquid material, other than uncombined water, emitted to the ambient air as measured by an applicable reference method in accordance with OAR 340-212-0120 and OAR 340-212-0140. Sources with exhaust gases at or near ambient conditions may be tested with DEQ Method 5 or DEQ Method 8, as approved by the department. Direct heat transfer sources shall be tested with DEQ Method 7; indirect heat transfer combustion sources and all other non-fugitive emissions sources not listed above shall be tested with DEQ Method 5 or an equivalent method approved by the department.

[NOTE: This rule is included in the State of Oregon Clean Air Act Implementation Plan as adopted by the Environmental Quality Commission under OAR 340-200-0040.]

[Publications: Publications referenced in this rule are available from the agency.]

Stat. Auth.: ORS 468 & ORS 468A
Stats. Implemented: ORS 468.020 & ORS 468A.025
Hist.: [DEQ 16, f. 6-12-70, ef. 7-11-70; DEQ 1-1984, f. & ef. 1-16-84; DEQ 4-1993, f. & cert. ef. 3-10-93; DEQ 3-1996, f. & cert. ef. 1-29-96]; [DEQ 37, f. 2-15-72, ef. 3-1-72; DEQ 4-1993, f. & cert. ef. 3-10-93; DEQ 3-1996, f. & cert. ef. 1-29-96]; [DEQ 4-1978, f. & ef. 4-7-78; DEQ 9-1979, f. & ef. 5-3-79; DEQ 3-1980, f. & ef. 1-28-80; DEQ 14-1981, f. & ef. 5-6-81; DEQ 22-1989, f. & cert. ef. 9-26-89; DEQ 23-1991, f. & cert. ef. 11-13-91; DEQ 4-1993, f. & cert. ef. 3-10-93; DEQ 10-1995, f. & cert. ef. 5-1-95; DEQ 4-1995, f. & cert. ef. 2-17-95; DEQ 10-1995, f. & cert. ef. 5-1-95; DEQ 3-1996, f. & cert. ef. 1-29-96]; DEQ 14-1999, f. & cert. ef. 10-14-99, Renumbered from 340-021-0005, 340-021-0050, 340-030-0010; DEQ 2-2001, f. & cert. ef 2-5-01

Visible Emissions

340-208-0100

Applicability

(1) OAR 340-208-0110 applies in all areas of the state.

(2) OAR 340-208-0110 does not apply to fugitive emissions.

(3) OAR 340-208-0110 does not apply to any source that is subject to a visible emissions standard specified in Divisions 230 through 264.

[NOTE: This rule is included in the State of Oregon Clean Air Act Implementation Plan as adopted by the Environmental Quality Commission under OAR 340-200-0040.]

Stat. Auth.: ORS 468 & ORS 468A
Stats. Implemented:ORS 468A.025
Hist.: DEQ 10-1995, f. & cert. ef. 5-1-95; DEQ 14-1999, f. & cert. ef. 10-14-99, Renumbered from 340-021-0012

340-208-0110

Visible Air Contaminant Limitations

(1) Except as provided in (a) and (b), air contaminant emissions from any source must not equal or exceed 20% opacity as a six-minute average.

(a) Where the presence of uncombined water is the only reason for failure of any source to meet the requirement of section (1) of this rule, such section does not apply;

(b) Wood fired boilers and process heaters installed on or before June 1, 1970 that have not been modified since June 1, 1970 may have visible emissions for one six-minute period per hour of not more than 40% opacity.

(c) If a source has a permitted opacity limit over 20%, and can demonstrate that additional control equipment would be needed to meet 20%, the Department may set an alternate source specific opacity limit up to 40% based on the best achievable opacity for that source. If state or federal regulations require a source with an alternate opacity limit to install additional controls, the Department may revise the alternate limit.(2) Opacity is determined in accordance with the procedures specified in the definition of “opacity”.

[NOTE: This rule is included in the State of Oregon Clean Air Act Implementation Plan as adopted by the Environmental Quality Commission under OAR 340-200-0040.]

Stat. Auth.: ORS 468 & ORS 468A
Stats. Implemented: ORS 468.020 & ORS 468A.025
Hist.: DEQ 16, f. 6-12-70, ef. 7-11-70; DEQ 4-1993, f. & cert. ef. 3-10-93; DEQ 3-1996, f. & cert. ef. 1-29-96; DEQ 14-1999, f. & cert. ef. 10-14-99, Renumbered from 340-021-0015; DEQ 2-2001, f. & cert. ef 2-5-01

Fugitive Emission Requirements

340-208-0200

Applicability

OAR 340-208-0210 applies in all areas of the state.

[NOTE: This rule is included in the State of Oregon Clean Air Act Implementation Plan as adopted by the Environmental Quality Commission under OAR 340-200-0040.]

Stat. Auth.: ORS 468 & ORS 468A
Stats. Implemented: ORS 468A.025
Hist.: DEQ 37, f. 2-15-72, ef. 3-1-72; DEQ 4-1993, f. & cert. ef. 3-10-93; DEQ 14-1999, f. & cert. ef. 10-14-99, Renumbered from 340-021-0055; DEQ 2-2001, f. & cert. ef 2-5-01

340-208-0210

Requirements

(1) When fugitive emissions escape from a source, the department may order the owner or operator to abate the emissions. In addition to other means, the department may order that a 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 being emitted to the open air.

(a) Fugitive emissions consisting of particulate matter are any visible emissions leaving the property of a source for more than six minutes in any hour.

(b) Visible emissions are determined by EPA Method 22.

(2) No person may cause 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 equipment to be operated, without taking reasonable precautions to prevent particulate matter from becoming airborne. Such reasonable precautions may 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 other 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 that does or may become airborne.

[NOTE: This rule is included in the State of Oregon Clean Air Act Implementation Plan as adopted by the Environmental Quality Commission under OAR 340-200-0040.]

Nuisance Control Requirements

340-208-0300

Nuisance Prohibited

(1) No person may cause or allow air contaminants from any source subject to regulation by the department to cause a nuisance.

(2) Upon determining a nuisance may exist, the department will provide written notice to the person creating the suspected nuisance. The department will endeavor to resolve observed nuisances in keeping with the policy outlined in OAR 340-12-0026. If the department subsequently determines a nuisance exists under OAR 340-208-0310 and proceeds with a formal enforcement action, pursuant to chapter 340 division 12, the first day for determining penalties will be no earlier than the date of this notice.

Stat. Auth.: ORS 468, ORS 468A.010 & ORS 468A.025
Stats. Implemented: ORS 468A.010 & ORS 468A.025
Hist.: DEQ 2-2001, f. & cert. ef. 2-5-01

340-208-0310

Determining Whether A Nuisance Exists

(1) In determining a nuisance, the department may consider factors including, but not limited to, the following:

(a) Frequency of the emission;

(b) Duration of the emission;

(d) Number of people impacted;

(e) The suitability of each party's use to the character of the locality in which it is conducted;

(f) Extent and character of the harm to complainants;

(g) The source's ability to prevent or avoid harm.

(2) Compliance with a Best Work Practices Agreement that identifies and abates a suspected nuisance constitutes compliance with OAR 340-208-0300 for the identified nuisance. For sources subject to OAR 340-216-0020 or 340-218-0020, compliance with specific permit conditions that results in the abatement of a nuisance associated with an operation, process or other pollutant emitting activity constitutes compliance with OAR 340-208-0300 for the identified nuisance. For purposes of this section, "permit condition" does not include the general condition prohibiting the creation of nuisances.

Stat. Auth.: ORS 468, ORS 468A.010 & ORS 468A.025
Stats. Implemented: ORS 468A.010 & ORS 468A.025
Hist.: DEQ 2-2001, f. & cert. ef. 2-5-01

340-208-0320

Best Work Practices Agreement

(1) A person may voluntarily enter into an agreement with the department to implement specific practices to abate the suspected nuisance. This agreement may be modified by mutual consent of both parties. This agreement will be an Order for the purposes of enforcement under OAR 340 division 12.

(2) For any source subject to OAR 340-216-0020 or 340-218-0020, the conditions outlined in the Best Work Practices Agreement will be incorporated into the permit at the next permit renewal or modification.

(3) This agreement will remain in effect unless or until the department provides written notification to the person subject to the agreement that:

(a) The agreement is superseded by conditions and requirements established later in a permit;

(b) The department determines the activities that were the subject of the agreement no longer occur; or

(4) The agreement will include one or more specific practices to abate the suspected nuisance. The agreement may contain other requirements including, but not limited to:

(a) Monitoring and tracking the emission of air contaminants;

(b) Logging complaints and the source's response to the complaint;

(5) The department will consult, as appropriate, with complainants with standing in the matter throughout the development, preparation, implementation, modification and evaluation of a Best Work Practices Agreement. The department will not require that complainants identify themselves to the source as part of the investigation and development of the Best Work Practices Agreement.

Stat. Auth.: ORS 468, ORS 468A.010 & ORS 468A.025
Stats. Implemented: ORS 468A.010 & ORS 468A.025
Hist.: DEQ 2-2001, f. & cert. ef. 2-5-01

340-208-0400

Masking of Emissions

No person may cause or permit the installation or use of any device or use of any means designed to mask the emission of an air contaminant that causes or is likely to cause detriment to health, safety, or welfare of any person or otherwise violate any other regulation or requirement.

Stat. Auth.: ORS 468; ORS 468A.010; and ORS 468A.025
Stats. Implemented: ORS 468A.010 and ORS 468A.025
Hist.: DEQ 2-2001, f. & cert. ef. 2-5-01

340-208-0450

Particle Fallout Limitation

No person may cause or permit the emission of particulate matter larger than 250 microns in size at sufficient duration or quantity as to create an observable deposition upon the real property of another person when notified by the department that the deposition exists and must be controlled.

Stat. Auth.: ORS 468, ORS 468A.010 & ORS 468A.025
Stats. Implemented: ORS 468A.010 & ORS 468A.025
Hist.: DEQ 61, f. 12-5-73, ef. 12-25-73; DEQ 4-1993, f. & cert. ef. 3-10-93; Renumbered from 340-028-0080; DEQ 14-1999, f. & cert. ef. 10-14-99, Renumbered from 340-030-0520; DEQ 2-2001, f. & cert. ef. 2-5-01, Renumbered from 340-208-0620

340-208-0570

Ships

While in those portions of the Willamette River and Columbia River that pass through or adjacent to Clackamas, Columbia, and Multnomah Counties, each ship is subject to the emission standards and rules for visible emissions and particulate matter size and must minimize soot emissions. The owner, operator or other responsible party must ensure that these standards and requirements are met.

Stat. Auth.: ORS 468 & ORS 468A
Stats. Implemented: ORS 468A.025
Hist.: DEQ 61, f. 12-5-73, ef. 12-25-73; DEQ 4-1993, f. & cert. ef. 3-10-93; Renumbered from 340-028-0055; DEQ 14-1999, f. & cert. ef. 10-14-99, Renumbered from 340-030-0470; DEQ 2-2001, f. & cert. ef. 2-5-01

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