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DEPARTMENT OF ENVIRONMENTAL QUALITY

 

DIVISION 254

RULES FOR INDIRECT SOURCES

340-254-0010

Policy

The Commission finds and declares Indirect Sources to be air contamination sources as defined in ORS 468A.005. The Commission further finds and declares that the regulation of Indirect Sources is necessary to control the concentration of air contaminants which result from Motor Vehicle Trips and/or Aircraft Operations associated with the use of Indirect Sources.

Stat. Auth.: ORS 468 & ORS 468A
Stats. Implemented: ORS 468A.025
Hist.: DEQ 81, f. 12-5-74, ef. 12-25-74; DEQ 110(Temp), f. & ef. 3-17-76; DEQ 118, f. & ef. 8-11-76; DEQ 4-1993, f. & cert. ef. 3-10-93; DEQ 14-1999, f. & cert. ef. 10-14-99, Renumbered from 340-020-0100

340-254-0020

Jurisdiction and Delegation

The Commission finds that the complexity or magnitude of Indirect Sources requires statewide 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Authority to perform all or any of such provisions within its boundary until such authority and jurisdiction shall be withdrawn for cause by the Commission.

Stat. Auth.: ORS 468 & ORS 468A
Stats. Implemented: ORS 468A.025
Hist.: DEQ 81, f. 12-5-74, ef. 12-25-74; DEQ 110(Temp), f. & ef. 3-17-76; DEQ 118, f. & ef. 8-11-76; DEQ 14-1999, f. & cert. ef. 10-14-99, Renumbered from 340-020-0105

340-254-0030

Definitions

The definitions in OAR 340-200-0020, 340-204-0010 and this rule apply to this division. If the same term is defined in this rule and 340-200-0020 or 340-204-0010, the definition in this rule applies to this division.

(1) "Associated Parking" means a Parking Facility or facilities owned, operated, and/or used in conjunction with an Indirect Source.

(2) "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.

(3) "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 construction, installation, or modification of an Indirect Source. Interruptions and delays resulting from natural disasters, strikes, litigation, or other matters beyond the control of the owner shall be disregarded in determining whether a construction or modification program is continuous.

(4) "Department" means the Department of Environmental Quality.

(5) "Director" means the Director of the Department or Regional Authority and authorized deputies or officers.

(6) "Indirect Source" means a facility, building, structure, or installation, or any portion or combination thereof, which indirectly causes or may cause Mobile Source activity that results in emissions of an air contaminant for which there is a National Ambient Air Quality Standard. Such Indirect Sources shall include, but not be limited to:

(a) Parking Facilities;

(b) Retail, Commercial, and Industrial Facilities;

(c) Recreation, Amusement, Sports, and Entertainment Facilities;

(d) Office and Government Buildings;

(e) Educational Facilities;

(f) Hospital Facilities.

(7) "Indirect Source Construction Permit" means a written permit in letter form issued by the Department or Regional Authority having jurisdiction, 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.

(8) "Indirect Source Emission Control Program" or "ISECP" means a program which reduces Mobile Source emissions resulting from the use of the Indirect Source. An ISECP may include, but is 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 reimbursement 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 providing for the proper number and location of entrances and exits 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;

(l) 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 permit application.

(9) "Mobile Source" means self-propelled vehicles, powered by internal combustion engines including, but not limited to, automobiles, trucks, motorcycles, and aircraft.

(10) "Off-Street Area or Space" means any area or space not located on a public road dedicated for public use.

(11) "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.

(12) "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.

(13) "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.

(14) "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.

(15) "Regional Authority" means a regional air quality control authority established under the provisions of ORS 468A.105.

(16) "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.

(17) "Sensitive Area" means locations which are actual or potential areas containing Carbon Monoxide hot-spots, as determined by the Department.

(18) "Vehicle Trip" means a single movement by a motor vehicle which originates or terminates at or uses an Indirect Source.

Stat. Auth.: ORS 468.020
Stats. Implemented: ORS 468A.025
Hist.: DEQ 81, f. 12-5-74, ef. 12-25-74; DEQ 86, f. 3-11-75, ef. 4-11-75; DEQ 110(Temp), f. & ef. 3-1-76 thru 7-14-76; DEQ 118, f. & ef. 8-11-76; DEQ 17-1990, f. & cert. ef. 5-25-90; DEQ 25-1992, f. 10-30-92, cert. ef. 11-1-92; DEQ 4-1993, f. & cert. ef. 3-10-93; DEQ 17-1998, f. & cert. ef. 9-23-98; DEQ 14-1999, f. & cert. ef. 10-14-99, Renumbered from 340-020-0110

340-254-0040

Indirect Sources Required to Have Indirect Source Construction Permits

The owner, operator, or developer of an Indirect Source identified in section (1) of this rule shall not commence construction of such a source without an approved Indirect Source Construction Permit issued by the Department or Regional Authority having jurisdiction.

(1) All Indirect Sources meeting the criteria of this section relative to type, location, size, and operation are required to apply for an Indirect Source Construction Permit: The following sources that are located within the boundaries of a Carbon Monoxide nonattainment area or maintenance area identified in the State Implementation Plan, provided that such areas include at least one city containing 50,000 or more Population within the city's municipal boundary, including but not limited to Portland, Salem, Medford and Eugene. 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, except within the Central City area of Portland as defined in the Carbon Monoxide Maintenance Plan and Redesignation Request for the Portland (Metro) Area, where the minimum number of Parking Spaces associated with an Indirect Source requiring Department approval shall be 800.

(2) Where an Indirect Source is constructed or modified in increments which individually are not subject to review under this rule, 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.

(3) 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 referred to in the permit; and thereafter construction or modification of each phase may be begun without the necessity of obtaining another permit.

Stat. Auth.: ORS 468.020, ORS 468.065, ORS 468A.040 & ORS 468A.055
Stats. Implemented: ORS 468.020, ORS 468.065 & ORS 468A.040
Hist.: DEQ 81, f. 12-5-74, ef. 12-25-74; DEQ 86, f. 3-11-75, ef. 4-11-75; DEQ 110(Temp), f. & ef. 3-1-76 thru 7-14-76; DEQ 118, f. & ef. 8-11-76; DEQ 6-1984(Temp), f. & ef. 4-17-84; DEQ 19-1984, f. & ef. 10-16-84; DEQ 17-1990, f. & cert. ef. 5-25-90; DEQ 4-1993, f. & cert. ef. 3-10-93; DEQ 17-1998, f. & cert. ef. 9-23-98; DEQ 14-1999, f. & cert. ef. 10-14-99, Renumbered from 340-020-0115

340-254-0050

Indirect Source Permit Application Process

Persons applying for an Indirect Source Permit shall at the time of application pay the following fees:

(1) Filing Fee of $100;

(2) Basic Application Processing Fee of $500;

(3) Extended Analysis Processing Fee of $2000 may be required of applicants with parking facilities of 800 or greater spaces if those facilities are in Sensitive Areas.

Stat. Auth.: ORS 468.065
Stats. Implemented: ORS 468A.040
Hist.: DEQ 81, f. 12-5-74, ef. 12-25-74; DEQ 110(Temp), f. & ef. 3-1-76 thru 7-14-76; DEQ 118, f. & ef. 8-11-76; DEQ 6-1984(Temp), f. & ef. 4-17-84; DEQ 19-1984, f. & ef. 10-16-84; DEQ 17-1998, f. & cert. ef. 9-23-98; DEQ 14-1999, f. & cert. ef. 10-14-99, Renumbered from 340-020-0120

340-254-0060

Indirect Source Construction Permit Application Requirements for Parking Facilities

(1) For Parking Facilities subject to this regulation, the following information shall be submitted to the Department:

(a) A completed Short Form Application;

(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 area, points of motor vehicle ingress and egress to and from the site and Associated Parking;

(e) An estimate of the annual average weekday Vehicle Trips generated by the movement of Mobile Sources to and from the Parking Facility and/or Associated Parking Facility for the first and fifth years after completion of each planned incremental phase of the Indirect Source;

(f) A description of the availability and type of mass transit presently serving or projected to serve the proposed Indirect Source. This description shall include mass transit operation within 1/4 mile of the boundary of the Indirect Source;

(g) Such additional information as may be required when there is reasonable basis for concluding:

(A) That the Indirect Source may cause or contribute to a violation of the Clean Air Act Implementation Plan for Oregon; or

(B) That the Indirect Source may cause or contribute to a delay in the attainment of or a violation of any applicable ambient air quality standard; or

(C) That the information is necessary to determine whether the proposed Indirect Source may cause or contribute to any such delay or violation. The Department shall base such conclusion on any reliable information, including but not limited to ambient air monitoring, traffic volume, traffic speed, or air quality projections based thereon.

(D) The additional information that may be required as a condition precedent to issuance of a permit may include any of that information required to be submitted in a Long Form Application by section (2) of this rule.

(2) Additional Requirements for Sensitive Areas. For Indirect Sources proposed to be located within the boundaries of a Carbon Monoxide nonattainment area or maintenance area as specified in OAR 340-254-0040(1), the following Long Form Application information shall be submitted to the Department:

(a) All information required under section (1) of this rule;

(b) An estimate of the Average Daily Traffic, peak hour and peak eight hour traffic volumes for all roads, streets, and arterials within 1/4 mile of the Indirect Source and for all freeways and expressways within 1/2 mile of the nearest boundary of the Indirect Source for the time periods stated in subsection (1)(e) of this rule as they exist at the time of application;

(c) An estimate of the gross emissions of carbon monoxide, Volatile Organic Compounds, and oxides of nitrogen based on information required by subsections (1)(e) and (2)(b) of this rule;

(d) Estimated carbon monoxide at Reasonable Receptor and Exposure Sites. Estimates shall be made for the first, fifth, and tenth years after the Indirect Source and Associated Parking are completed or fully operational. Such estimates shall be made for the average and, if applicable, peak operating conditions.

(e) Evidence of the compatibility of the Indirect Source with any adopted transportation plan for the area;

(f) 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 I Indirect Source. This shall also include an air quality impact assessment of such development pursuant to subsection (2)(d) of this rule;

(g) A description of the Indirect Source Emission Control Program if such a program is necessary in order to be in compliance with the requirements of OAR 340-254-0070(5)(a), (b) and (c).

(3) Within 15 days after the receipt of an application for an Indirect Source Construction Permit or addition thereto, the Department or Regional Authority having jurisdiction shall advise the owner or operator of the Indirect Source in writing of any additional information required as a condition precedent to making a final determination to issue or deny a permit.

(4) An application shall not be considered complete until the required information is received by the Department or Regional Authority having jurisdiction. If no timely written request is made for additional information, the application shall be considered complete.

Stat. Auth.: ORS 468.020, ORS 468.065, ORS 468A.040 & ORS 468A.055
Stats. Implemented: ORS 468.020, ORS 468.065 & ORS 468A.040
Hist.: DEQ 81, f. 12-5-74, ef. 12-25-74; DEQ 86, f. 3-11-75, ef. 4-11-75; DEQ 110(Temp), f. & ef. 3-1-76 thru 7-14-76; DEQ 118, f. & ef. 8-11-76; DEQ 19-1978, f. & ef. 12-4-78; DEQ 4-1993, f. & cert. ef. 3-10-93; DEQ 17-1998, f. & cert. ef. 9-23-98; DEQ 14-1999, f. & cert. ef. 10-14-99, Renumbered from 340-020-0125

340-254-0070

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 jurisdiction shall:

(a) Issue a 20 day notice and notify 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 Department 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.

(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 possible conditions.

(4) Conditions of an Indirect Source Construction Permit may include, but not be limited to:

(a) An Indirect Source Emission Control Program where it is necessary in order to be in compliance with the requirements of subsections (5)(a), (b), and (c) of this rule. The ISECP shall only contain control measures which have reasonably definable costs;

(b) Completion and submission of a Notice of Completion form prior to operation of the Indirect Source.

(5) An Indirect Source Construction Permit may be denied if:

(a) The Indirect Source will cause or contribute to a violation of the Clean Air Act Implementation Plan for Oregon;

(b) The Indirect Source will cause or contribute to a delay in the attainment of or cause or contribute to a violation of any National Ambient Air Quality Standard;

(c) The Indirect Source causes or contributes to any violation of any National Ambient Air Quality Standard by another Indirect Source or system of Indirect Sources;

(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 injunctions.

(7) Nothing in this rule shall preclude a Regional Authority authorized under OAR 340-254-0020 from setting the permit conditions for areas within its jurisdiction at levels more stringent than those detailed in this division.

(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 shall be applied for at least 90 days in advance of the anticipated start of construction.

Stat. Auth.: ORS 468.020, ORS 468.065, ORS 468A.040 & ORS 468A.055
Stats. Implemented: ORS 468.020, ORS 468.065 & ORS 468A.040
Hist.: DEQ 81, f. 12-5-74, ef. 12-25-74; DEQ 86, f. 3-11-75, ef. 4-11-75; DEQ 110(Temp), f. & ef. 3-1-76 thru 7-14-76; DEQ 118, f. & ef. 8-11-76; DEQ 4-1993, f. & cert. ef. 3-10-93; DEQ 17-1998, f. & cert. ef. 9-23-98; DEQ 14-1999, f. & cert. ef. 10-14-99, Renumbered from 340-020-0130

340-254-0080

Permit Duration

(1) An Indirect Source Construction Permit issued by the Department or a Regional Authority having jurisdiction 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 this permit.

(3) An approved permit may be conditioned to expire 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 conditioned to expire 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.

Stat. Auth.: ORS 468.020, ORS 468.065, ORS 468A.040 & ORS 468A.055
Stats. Implemented: ORS 468.020, ORS 468.065 & ORS 468A.040
Hist.: DEQ 81, f. 12-5-74, ef. 12-25-74; DEQ 86, f. 3-11-75, ef. 4-11-75; DEQ 110(Temp), f. & ef. 3-1-76 thru 7-14-76; DEQ 118, f. & ef. 8-11-76; DEQ 17-1998, f. & cert. ef. 9-23-98; DEQ 14-1999, f. & cert. ef. 10-14-99, Renumbered from 340-020-0135

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