OAR 340-214-0300
Excess Emissions and Emergency Provision: Purpose and Applicability

Emissions of air contaminants in excess of applicable standards or permit conditions are unauthorized and subject to enforcement action. OAR 340-214-0300 (Excess Emissions and Emergency Provision: Purpose and Applicability) through 340-214-0360 (Excess Emissions and Emergency Provision: Emergency as an Affirmative Defense for Title V Permitted Sources) apply to any source that emits air contaminants in excess of any applicable air quality rule or permit condition, including but not limited to excess emissions resulting from the breakdown of air pollution control devices or operating equipment, process upset, startup, shutdown, or scheduled maintenance. Sources that do not emit air contaminants in excess of any applicable air quality rule or permit condition are not subject to the recordkeeping and reporting requirements in 340-214-0300 (Excess Emissions and Emergency Provision: Purpose and Applicability) through 340-214-0360 (Excess Emissions and Emergency Provision: Emergency as an Affirmative Defense for Title V Permitted Sources). Emissions in excess of applicable standards are not excess emissions if the standard is in an NSPS or NESHAP and the NSPS or NESHAP exempts startups, shutdowns and malfunctions as defined in the applicable NSPS or NESHAP. The purpose of these rules is to:

(1)

Require that, where applicable, the owner or operator immediately report all excess emissions to DEQ;

(2)

Require the owner or operator to submit information and data regarding conditions that resulted or could result in excess emissions;

(3)

Identify criteria for DEQ to use in determining whether it will take enforcement action against an owner or operator for an excess emission; and

(4)

Provide owners and operators of sources with Oregon Title V Operating Permits an affirmative defense to a penalty action when noncompliance with technology-based emission limits is due to an emergency, as provided in OAR 340-214-0360 (Excess Emissions and Emergency Provision: Emergency as an Affirmative Defense for Title V Permitted Sources).
NOTE: This rule is included in the State of Oregon Clean Air Act Implementation Plan that EQC adopted under OAR 340-200-0040 (State of Oregon Clean Air Act Implementation Plan).

Source: Rule 340-214-0300 — Excess Emissions and Emergency Provision: Purpose and Applicability, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=340-214-0300.

Last Updated

Jun. 8, 2021

Rule 340-214-0300’s source at or​.us