OAR 340-214-0350: Excess Emissions and Emergency Provision: Enforcement Action Criteria

In determining whether to take enforcement action for excess emissions, DEQ considers, based upon information submitted by the owner or operator, the following: (1) Whether the owner or operator met the notification, recordkeeping and reporting requirements of OAR 340-214-0330 and 340-214-0340; (2) Whether during the period of the excess emissions event the owner or operator took all reasonable steps to minimize levels of emissions that exceeded the emission standards, or other permit requirements; (3) Whether the owner or operator took the appropriate remedial action; (4) Whether the event was due to the owner's or operator's negligent or intentional operation. For DEQ to find that an incident of excess emissions was not due to the owner's or operator's negligent or intentional operation, DEQ may ask the owner or operator to demonstrate that all of the following conditions were met: (a) The process or handling equipment and the air pollution control device were at all times maintained and operated in a manner consistent with good practice for minimizing emissions; (b) Repairs or corrections were made in an expeditious manner when the owner or operator knew or should have known that emission limits were being or were likely to be exceeded. "Expeditious manner" may include activities such as use of overtime labor or contract labor and equipment that would reduce the amount and duration of excess emissions; and (c) The event was not one in a recurring pattern of incidents that indicate inadequate design, operation, or maintenance; (5) Whether the owner or operator was following procedures approved in OAR 340-214-0310 or 340-214-0320 at the time of the excess emissions; (6) Whether any federal New Source Performance Standard or National Emission Standard for Hazardous Air Pollutants applies and whether the excess emission event caused a violation of the federal standard; and (7) Whether the excess emissions event was due to an emergency. NOTE: This rule is included in the State of Oregon Clean Air Act Implementation Plan that EQC adopted under OAR 340-200-0040.