Oregon Administrative Rules
Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY
Division 250 - GENERAL CONFORMITY
Section 340-250-0020 - Applicability
Current through Register Vol. 63, No. 3, March 1, 2024
(1) Conformity determinations for federal actions in a nonattainment area or maintenance area related to transportation plans, programs, and projects developed, funded, or approved under title 23 U.S.C. or the Federal Transit Laws (49 U.S.C. Chapter 53 ) must meet the procedures and criteria for transportation conformity as set forth in OAR 340 division 252, in lieu of the procedures set forth in this division.
(2) For federal actions in a nonattainment area or maintenance area not covered by section (1) of this rule, a conformity determination is required for each pollutant where the total of direct and indirect emissions caused by a federal action would equal or exceed any of the rates in sections (3)(a) and (b) of this rule.
(3) The following emission rates apply to federal actions pursuant to section (2) of this rule:
(4) The requirements of this division shall not apply to:
(5) Notwithstanding the other requirements of this division, a conformity determination is not required for the following federal actions (or portion thereof):
(6) Federal actions which are part of a continuing response to an emergency or disaster under section (5)(b) of this rule and which are to be taken more than 6 months after the commencement of the response to the emergency or disaster under section (5)(b) of this rule are exempt from the requirements of this division only if:
(7) Notwithstanding other requirements of this division, actions specified by individual federal agencies that have met the criteria set forth in section (8) of this rule and the procedures set forth in section (9) of this rule are presumed to conform, except as provided in section (11) of this rule.
(8) The federal agency must meet the criteria for establishing activities that are presumed to conform by fulfilling the requirements set forth in either subsection (a) or (b) of this section:
(9) In addition to meeting the criteria for establishing exemptions set forth in section (8) of this rule, the following procedures must also be complied with to presume that activities will conform:
(10) Notwithstanding the other requirements of this division, when the total of direct and indirect emissions of any pollutant from a federal action does not equal or exceed the rates specified in section (3) of this rule, but represents 10 percent or more of a non-attainment or maintenance area's total emissions of that pollutant, the action is defined as a regionally significant action and the requirements of 340-250-0010, and OAR 340-250-0050 through 340-250-0100 shall apply for the federal action.
(11) Where an action otherwise presumed to conform under section (7) of this rule is a regionally significant action or does not in fact meet one of the criteria in section (8)(a) of this rule, that action shall not be presumed to conform and the requirements of OAR 340-250-0020 and 340-250-0050 through 340-250-0100 shall apply for the federal action.
(12) The provisions of this division shall apply in all non-attainment/maintenance areas.
[NOTE: This rule is included in the State of Oregon Clean Air Act Implementation Plan as Adopted by the Environmental Quality Commission under OAR 340-200-0040.]
Publications: The publications referred to or incorporated by reference in this rule are available from the agency.
Stat. Auth.: ORS 468.020 & ORS 468A.035
Stats. Implemented: ORS 468A.035