1. (1) Except as provided in section (2), no person may sell, distribute, use, or make available for use, any coal containing greater than 1.0 percent sulfur by weight.
2. (2) No person may sell, distribute, use or make available for use any coal or coal containing fuel with greater than 0.3 percent sulfur and five percent volatile matter as defined in ASTM Method D3175 for direct space heating within the Portland, Salem, Eugene-Springfield, and Medford-Ashland Air Quality Maintenance Areas. For coals subjected to a devolatilization process, compliance with the sulfur limit may be demonstrated on the sulfur content of coal prior to the devolatilization process.

3. (3) Distributors of coal or coal containing fuel destined for direct residential space heating use must keep records for a five year period which must be available for DEQ inspection and which:

   1. (a) Specify quantities of coal or coal containing fuels sold;
   2. (b) Contain name and address of customers who are sold coal or coal containing fuels;

   3. (c) Specify the sulfur and volatile content of coal or the coal containing fuel sold to residences in the Portland, Salem, Eugene-Springfield, and Medford-Ashland Air Quality Maintenance Areas.

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

      [NOTE: Referenced documents are available from the agency.]

Statutory/Other Authority

ORS 468.020 & 468A.025

Statutes/Other Implemented

ORS 468A.025

History

DEQ 13-2019, amend filed 05/16/2019, effective 05/16/2019
DEQ 7-2015, f. & cert. ef. 4-16-15
DEQ 14-1999, f. & cert. ef. 10-14-99, Renumbered from 340-022-0020
DEQ 4-1993, f. & cert. ef. 3-10-93
DEQ 3-1982, f. & ef. 1-29-82
DEQ 37, f. 2-15-72, ef. 3-1-72