1. (1) This rule applies to all excess emissions not addressed in OAR 340-214-0310 and 340-214-0320.

   1. (a) The owner or operator of a large source, as defined by OAR 340-214-0010, must immediately notify DEQ of the first onset per calendar day of any excess emissions event, unless otherwise specified by a permit condition.
   2. (b) The owner or operator of a small source, as defined by OAR 340-214-0010, need not immediately notify DEQ of excess emissions events unless otherwise required by a permit condition, written notice by DEQ, or if the excess emission is of a nature that could endanger public health.
   3. (c) Additional reporting and recordkeeping requirements are specified in OAR 340-214-0340.

2. (2) During any period of excess emissions, the owner or operator of the source must immediately reduce emissions to the greatest extent practicable or cease operation of the equipment or facility until the condition causing the excess emissions has been corrected or brought under control. The owner or operator must cease operation of the equipment or facility within 8 hours of the beginning of the period of excess emissions unless:

   1. (a) Ceasing operation could result in physical damage to the equipment or facility;
   2. (b) Ceasing operation could cause injury to employees; or
   3. (c) Emissions associated with shutdown and the subsequent startup will exceed those emissions resulting from continued operation.

3. (3) An owner or operator may request continued operations under the conditions in section (2) by submitting to DEQ a written request to continue operation along with the following information within 8 hours of the beginning of the period of excess emissions:

   1. (a) A description or plan of how the owner or operator will minimize the excess emissions to the greatest extent practicable;

   2. (b) A plan and timeline for returning the equipment or facility back to the applicable compliant emission limits as soon as possible; and either:

      1. (A) Information verifying that reducing or ceasing operation could result in physical damage to the equipment or facility or injury to employees; or
      2. (B) Calculations of emissions associated with shutdown and the subsequent startup and emissions resulting from continued operation.

4. (4)

   1. (a) If DEQ disapproves the request to continue operation, the owner or operator must cease operation of the equipment or facility within one hour of receiving DEQ’s written disapproval (e.g., email or telephone conversation with email backup), until the condition causing the excess emissions has been corrected or brought under control.
   2. (b) If DEQ approves the request to continue operation, the owner or operator must follow the approved plans and timeline to minimize excess emissions and return the equipment or facility back to the applicable compliant emission limits as required in DEQ’s written approval (e.g., email or telephone conversation with email backup).
   3. (c) The owner or operator must report excess emissions under OAR 340-214-0340 within 5 days of the date of the event.
5. (5) Notwithstanding section (2), at any time during the period of excess emissions, DEQ may require the owner or operator to cease operation of the equipment or facility.

6. (6) Approval of a request to continue operation does not shield the owner or operator from an enforcement action, but DEQ will consider whether the approved plans and timelines to minimize excess emissions and return the equipment or facility back to the applicable compliant emission limits were followed in determining whether an enforcement action is appropriate.

   NOTE: This rule is included in the State of Oregon Clean Air Act Implementation Plan that EQC adopted under OAR 340-200-0040.

Statutory/Other Authority

ORS 468.020, 468A.025, 468A.040 & 468A.310

Statutes/Other Implemented

ORS 468A.025, 468A.040 & 468A.310

History

DEQ 27-2025, amend filed 08/18/2025, effective 08/18/2025
DEQ 19-2022, amend filed 11/18/2022, effective 03/01/2023
DEQ 7-2015, f. & cert. ef. 4-16-15
DEQ 8-2007, f. & cert. ef. 11-8-07
DEQ 6-2001, f. 6-18-01, cert. ef. 7-1-01
DEQ 14-1999, f. & cert. ef. 10-14-99, Renumbered from 340-028-1430
DEQ 19-1996, f. & cert. ef. 9-24-96
DEQ 24-1994, f. & cert. ef. 10-28-94
DEQ 19-1993, f. & cert. ef. 11-4-93
DEQ 12-1993, f. & cert. ef. 9-24-93, Renumbered from 340-020-0370
DEQ 4-1993, f. & cert. ef. 3-10-93
DEQ 42-1990, f. 12-13-90, cert. ef. 1-2-91