OAR 340-214-0310
Excess Emissions and Emergency Provision: Planned Startup and Shutdown


This rule applies to any source where startup or shutdown of a production process or system may result in excess emissions, and


That is a major source; or


That is in a non-attainment or maintenance area for the regulated pollutant which may constitute excess emissions; or


From which DEQ requires the application in section (2).


The owner or operator must obtain prior DEQ authorization of startup and shutdown procedures. The owner or operator must submit to DEQ a written application for approval of new procedures or modifications to existing procedures. The application must be submitted in time for DEQ to receive it at least 72 hours before the first occurrence of a startup or shutdown event to which the procedures apply. The application must:


Explain why the excess emissions during startup and shutdown cannot be avoided;


Identify the specific production process or system that will cause the excess emissions;


Identify the nature of the air contaminants likely to be emitted and estimate the amount and duration of the excess emissions; and


Identify specific procedures to be followed that will minimize excess emissions at all times during startup and shutdown.


DEQ will approve the procedures if it determines that they are consistent with good pollution control practices, will minimize emissions during such period to the extent practicable, and that no adverse health impact on the public will occur. The owner or operator must record all excess emissions in the excess emissions log, as required in OAR 340-214-0340 (Excess Emissions and Emergency Provision: Reporting Requirements)(3). Approval of the procedures does not shield the owner or operator from an enforcement action, but DEQ will consider whether the procedures were followed in determining whether an enforcement action is appropriate.


Once DEQ approves startup and shutdown procedures, the owner or operator does not have to notify DEQ of a planned startup or shutdown event unless it results in excess emissions.


When notice is required by section (4), it must be made in accordance with OAR 340-214-0330 (Excess Emissions and Emergency Provision: All Other Excess Emissions)(1)(a).


DEQ may revoke or require modifications to previously approved procedures at any time by written notification to the owner or operator.


No startups or shutdowns that may result in excess emissions associated with the approved procedures in section (3) are allowed during any period in which an Air Pollution Alert, Air Pollution Warning, or Air Pollution Emergency has been declared, or during an announced yellow or red woodstove curtailment period in areas designated by DEQ as PM2.5 or PM10 nonattainment areas.


The owner or operator is subject to the requirements under All Other Excess Emissions in OAR 340-214-0330 (Excess Emissions and Emergency Provision: All Other Excess Emissions) if the owner or operator fails to obtain DEQ approval of start-up and shutdown procedures in accordance with section (2).
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 340-214-0310 — Excess Emissions and Emergency Provision: Planned Startup and Shutdown, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=340-214-0310.

Last Updated

Jun. 8, 2021

Rule 340-214-0310’s source at or​.us