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Title20 - Indirect Sources
| Section 20-100 Policy and Jurisdiction |
| The Environmental Quality Commission (Commission) has found and declared
Indirect Sources to be air contamination sources as defined in ORS 468.275.
The Commission has, effective December 20, 1974, authorized and conferred
jurisdiction upon the Authority to perform all or any of the provisions
of these Rules within its boundary, except the Commission retains jurisdiction
of highway sections which cross Authority boundaries, until such authority
and jurisdiction shall be withdrawn for cause by the Commission. |
| Section 20-110 Definitions |
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(1) "Air Quality Maintenance Area (AQMA)"
means any area that has been identified by the Department as having the
potential for exceeding any State ambient air quality standard. |
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(2) "Air Quality Maintenance Area (AQMA) Analysis"
means an analysis of the impact on air quality in an AQMA of emissions from
existing air contaminant sources and emissions associated with projected
growth and development. |
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(3) "Aircraft Operations" means any aircraft
landing or takeoff. |
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(4) "Airport" means any area of land or water
which is used or intended for use for the landing and takeoff of aircraft,
or any appurtenant areas, facilities, or rights-of-way such as terminal
facilities, parking lots, roadways, and aircraft maintenance and repair
facilities. |
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(5) "Associated Parking" means a discrete
parking facility or facilities owned, operated and/or used in conjunction
with an Indirect Source. |
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(6) "Average Daily Traffic" means the total
traffic volume during a given time period in whole days greater than one
day and less than one year divided by the number of days in that time period,
commonly abbreviated as ADT. |
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(7) "Commence Construction" means to begin
to engage in a continuous program of on-site construction or on-site modifications,
including site clearance, grading, dredging, or landfilling in preparation
for the fabrication, erection, installation or modification of an indirect
source. Interruptions and delays resulting from acts of God, strikes, litigation
or other matters beyond the control of the owner shall be disregarded in
determining whether a construction or modification program is continuous. |
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(8) "Commission" means the Environmental
Quality Commission. |
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(9) "Department" means the Department of
Environmental Quality. |
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(10) "Director" means Director of the Regional
Authority and authorized deputies or officers. |
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(11) "Expressway" means a divided arterial
highway for through traffic with full or partial control of access and generally
with grade separations at major intersections. |
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(12) "Freeway" means an Expressway as defined
in Sub-section 20-110(11) with full control of access. |
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(13) "Highway Section" means a highway of
substantial length between logical termini (major crossroads, population
centers, major traffic generators, or similar major highway control elements)
as normally included in a single location study or multi-year highway improvement
program. |
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(14) "Indirect Source" means a facility,
building, structure, or installation, or any portion or combination thereof,
which indirectly causes or may cause mobile source activity that results
in emissions of an air contaminant for which there is a state standard.
Such Indirect Sources shall include, but not be limited to: |
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(a) Highways and roads |
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(b) Parking facilities |
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(c) Retail, commercial, and industrial facilities |
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(d) Recreation, amusement, sports, and entertainment facilities |
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(e) Airports |
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(f) Office and government buildings |
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(g) Apartment and mobile home parks |
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(h) Educational facilities |
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(i) Hospital facilities |
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(j) Religious facilities |
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(15) "Indirect Source Construction Permit"
means a written permit in letter form issued by the Authority, bearing the
signature of the Director, which authorizes the permittee to commence construction
of an indirect source under construction and operation conditions and schedules
as specified in the permit. |
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(16) "Indirect Source Emission Control Program
(ISECP)" means a program which reduces mobile source emissions resulting
from the use of the indirect source. An ISECP may include, but is not limited
to: |
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(a) Posting transit route and scheduling information. |
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(b) Construction and maintenance of bus shelters and turnout lanes. |
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(c) Maintaining mass transit fare reimbursement programs. |
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(d) Making a car pool matching system available to employees, shoppers,
students, residents, etc. |
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(e) Reserving parking spaces for car pools. |
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(f) Making parking spaces available for park-and-ride stations. |
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(g) Minimizing vehicle running time within parking lots through
the use of sound parking lot design. |
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(h) Ensuring adequate gate capacity by providing for the proper
number and location of entrances and exits and optimum signalization for
such. |
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(i) Limiting traffic volume so as not to exceed the carrying capacity
of roadways. |
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(j) Altering the level of service at controlled intersections. |
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(k) Obtaining a written statement of intent from the appropriate
public agency(s) on the disposition of roadway improvements, modifications,
and/or additional transit facilities to serve the individual source. |
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(l) Construction and maintenance of exclusive transit ways. |
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(m) Providing for the collection of air quality monitoring data
at Reasonable Receptor and Exposure Sites. |
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(n) Limiting facility modifications which can take place without
resubmission of a permit application. |
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(17) "Mobile Source" means self-propelled
vehicles, powered by internal combustion engines, including but not limited
to automobiles, trucks, motorcycles, and aircraft. |
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(18) "Off-street Area or Space" means any
area or space not located on a public road dedicated for public use. |
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(19) "Parking and Traffic Circulation Plan"
means a plan developed by a city, county, or regional government, or regional
planning agency, the implementation of which assures the attainment and
maintenance of the State's ambient air quality standards. |
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(20) "Parking Facility" means any building,
structure, lot or portion thereof, designed and used primarily for the temporary
storage of motor vehicles in designated parking spaces. |
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(21) "Parking Space" means any off-street
area of space below, above, or at ground level, open or enclosed, that is
used for parking one motor vehicle at a time. |
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(22) "Person" means individuals, corporations,
associations, firms, partnerships, joint stock companies, public and municipal
corporations, political subdivisions, the State and any agencies thereof,
and the federal government and any agencies thereof. |
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(23) "Population" means that population estimate
most recently published by the Center for Population Research and Census,
Portland State University, or any other population estimate approved by
the Department. |
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(24) "Regional Authority" means a regional
air quality control authority established under the provisions of ORS 468.505. |
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(25) "Regional Planning Agency" means any
planning agency which has been recognized as a substate-clearninghouse for
the purposes of conducting project review under the United States Office
of Management and Budget Circular Number A-95, or other governmental agency
having planning authority. |
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(26) "Reasonable Receptor and Exposure Sites"
means locations where people might reasonably be expected to be exposed
to air contaminants generated in whole or in part by the indirect source
in question. Location of ambient air sampling sites and methods of sample
collection shall conform to criteria on file with the Department of Environmental
Quality. |
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(27) "Sensitive Area" means locations which
are actual or potential air quality non-attainment areas, as determined
by LRAPA. |
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(28) "Vehicle Trip" means a single movement
by a motor vehicle which originates or terminates at or uses an indirect
source. |
| Section 20-115 Indirect Sources Required to have Indirect
Source Construction Permits |
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(1) The owner, operator, or developer of an indirect
source identified in sub-section 20-115(2) of this section shall not commence
construction of such a source after December 31, 1974 without an approved
Indirect Source Construction Permit issued by the Authority. |
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(2) All indirect sources meeting the criteria of this
subsection relative to type, location, size, and operation are required
to apply for an Indirect Source Construction Permit: |
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(a) The following sources in or within five (5) miles of the municipal
boundaries of the City of Eugene or City of Springfield. |
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(A) Any parking facility or other
indirect source with associated parking being constructed or modified to
create new or additional parking (or associated parking) capacity of 250
or more parking spaces. |
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(B) Any highway section being proposed
for construction with an anticipated annual Average Daily Traffic volume
of 20,000 or more motor vehicles per day within ten years after completion,
or being modified so that the annual Average Daily Traffic on that highway
section will be increased to 20,000 or more motor vehicles per day or will
be increased by 10,000 or more motor vehicles per day within ten years after
completion. |
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(b) Except as otherwise provided in this section, the following
sources within Lane County: |
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(A) Any parking facility or other
indirect source with associated parking being constructed or modified to
create new or additional parking (or associated parking) capacity of 500
or more parking spaces. |
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(B) Any highway section being proposed
for construction with an anticipated annual Average Daily Traffic volume
of 20,000 or more motor vehicles per day within ten years after completion,
or being modified so that the annual Average Daily Traffic on that highway
section will be 20,000 or more motor vehicles per day or will be increased
by 10,000 or more motor vehicles per day within ten years after completion. |
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(c) Any airport being proposed for construction with projected
annual aircraft operations of 50,000 or more within ten years after completion,
or being modified in any way so as to increase the projected number of annual
aircraft operations by 25,000 or more within 20 years after completion. |
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(3) Where an indirect source is constructed or modified
in increments which individually are not subject to review under this section,
and which are not part of a program of construction or modification in planned
incremental phases approved by the Director, all such increments commenced
after January 1, 1975 shall be added together for determining the applicability
of this rule. |
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(4) An Indirect Source Construction Permit may authorize
more than one phase of construction, where commencement of construction
or modifications of successive phases will begin over acceptable periods
of time referred to in the permit; and thereafter construction or modification
of each phase may be begun without the necessity of obtaining another permit. |
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(5) Persons applying for an Indirect Source Permit
shall at the time of application pay the following fees: |
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(a) Filing Fee of $100 (required of all applicants); |
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(b) Basic Application Processing Fee of $500 (required of all applicants); |
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(c) Extended Analysis Fee of $2,000 (required of applicants with
parking facilities of 1,000 or greater spaces or for those facilities locating
in "sensitive areas" which are not part of an approved parking
and circulation plan). |
| Section 20-120 Establishment of an Approved Parking and
Traffic Circulation Plan(s) by City, County, or Regional Government or Regional
Planning Agency |
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(1) Requirements for establishment of approved parking
and traffic circulation plan(s) |
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(a) Upon determination by the Regional Authority that control of
parking spaces and traffic circulation is necessary to ensure attainment
and maintenance of state and national ambient air quality standards (S/NAAQS),
the Regional Authority shall notify the Commission of the geographic areas
determined or projected to be in non-compliance. The basis for the Authority's
determination shall be the findings and conclusions of an Air Quality Maintenance
(AQMA) analysis or similar air quality study. Upon submission of its findings
to the Commission, the Department shall give notice to cities, counties,
regional governmental units, or regional planning agencies located in geographic
areas determined or projected to be in non-compliance with S/NAAQS, that
a public hearing shall be held on the Authority's findings related to the
need to control parking spaces and traffic circulation. After reviewing
the public hearing testimony and the Authority's findings, the Commission
shall determine if it is in concurrence with the Authority's findings. Upon
the Commission's concurrence with the Authority findings, the Regional Authority
shall so notify the city, county, regional government unit or regional planning
agency of the geographic areas determined or projected to be in non-compliance.
Within one-hundred twenty (120) days of receipt of such notification, the
appropriate city, county, regional or other local governmental unit or planning
agency shall proceed, in accordance with a specific plan and time schedule
agreed to by the appropriate governmental unit or planning agency and the
Authority, to develop and implement a Parking and Traffic Circulation Plan.
The Parking and Traffic Circulation Plan, where required, shall be developed
in coordination with the local and regional comprehensive planning process
pursuant to the requirements of ORS 197.005 et. seq. The required plan shall
be submitted to the Regional Authority for approval within the agreed time
schedule but shall not be more than three (3) years after the appropriate
city, county or regional government or regional planning agency is notified
of the necessity for a Parking and Traffic Circulation Plan for an area
within its jurisdiction. |
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(b) Within sixty (60) days of the notification that development
and submittal of Parking and Traffic Circulation Plans are required under
OAR 340-20-120(1) or this rule, each designated city, county, or regional
government or regional planning agency shall notify the Regional Authority
in writing of the agency or department and individual responsible for coordination
and development of Parking and Traffic Circulation Plans. |
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(c) Notification shall include: |
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(A) The geographic area requiring
the development of Parking and Traffic Circulation Plans, |
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(B) The time period over which the
Plan shall attain and maintain S/NAAQS, and |
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(C) The air contaminants for which
the plan is to be developed. |
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(d) The Parking and Traffic Circulation Plan shall include, but
not be limited to: |
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(A) Legally identifiable plan boundaries, |
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(B) Total parking space capacity
allocated to the plan area, where applicable, |
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(C) Measures as necessary to provide
for the attainment and maintenance of S/NAAQS for the air contaminants for
which the Parking and Traffic Circulation Plan area was identified, |
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(D) Duly enforceable rules, regulations
and ordinances that implement measures that provide for attainment and maintenance
of S/NAAQS for a period to be specified by the Regional Authority, |
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(E) A description of the air quality
levels expected as a result of the implementation of the Parking and Traffic
Circulation Plan, |
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(F) Other applicable information
which would allow evaluation of the Plan such as, but not limited to, scheduling
of construction, emission factors, and criteria, guidelines and zoning ordinances
applicable to the Plan area, |
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(G) A description of the administrative
procedures to be used in implementing each control measure included in the
Parking and Traffic Circulation Plan, |
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(H) A description of the enforcement
methods used to ensure compliance with measures adopted as part of the Parking
and Traffic Circulation Plan, |
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(I) Identification and responsibilities
of each city, county, and regional government or regional planning agency
designated under OAR 340-20-120(1) of this rule to implement the Parking
and Traffic Circulation Plan. |
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(2) The Authority shall hold a public hearing on each
Regional Parking and Traffic Circulation Plan submitted, and on each proposed
revocation or substantial modification thereof, allowing at least thirty
(30) days for written comment from the public and from interested agencies. |
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(3) Upon approval of a submitted Regional Parking and
Circulation Plan, the Plan shall be identified as the approved Regional
Parking and Traffic Circulation Plan, the appropriate governmental unit
or planning agency shall be notified and the plan used for the purposes
and implementation of this rule. |
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(4) The appropriate city, county, or regional government
or regional planning agency shall annually review an approved Parking and
Traffic Circulation Plan to determine if the Plan continues to be adequate
for the maintenance of air quality in the Plan area and shall report its
conclusions to the Authority. |
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(5) The Regional Authority shall initiate a review
of an approved Parking and Traffic Circulation Plan if it is determined
that the Parking and Traffic Circulation Plan is not adequately maintaining
the air quality in the Plan area. |
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(6) A city, county or regional government or regional
planning agency may submit Parking and Traffic Circulation Plan to the Department
or Authority for approval without being required to do so as stated in OAR
340-20-120(1). |
| Section 20-125 Information and Requirements Applicable
to Indirect Source(s) Construction Permit Applications Where An Approved
Parking and Traffic Circulation Plan is on File |
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(1) Application Information Requirements: |
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(a) Parking facilities and indirect sources other than highway
sections: |
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(A) A completed application form |
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(B) A map showing the location of
the site |
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(C) A description of the proposed
and prior use |
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(D) A site plan showing the location
and quantity of parking spaces at the indirect source and associated parking
areas, points of motor vehicle ingress and egress to and from the site and
associated parking |
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(E) A ventilation plan for subsurface
and enclosed parking |
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(F) A written statement from the
appropriate planning agency that the indirect source in question is consistent
with an approved Parking and Traffic Circulation Plan or any adopted transportation
plan for the region. |
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(G) A reasonable estimate of the
effect the project has on total parking approved for any specific grid area
and Parking and Traffic Circulation Plan |
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(b) Highway section(s): |
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(A) Items (A) through (C) of subsection
20-125(1)(a) |
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(B) A written statement from the
appropriate planning agency that the indirect source in question is consistent
with an approved Parking and Circulation Traffic Plan and any adopted transportation
plan for the region |
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(C) A reasonable estimate of the
effect the project has on total vehicle miles traveled within the Parking
and Traffic Circulation Plan area. |
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(2) Within fifteen (15) days after the receipt of an
application for a permit or additions thereto, the Authority shall advise
the owner or operator of the indirect source of any additional information
required as a condition precedent to issuance of a permit. An application
shall not be considered complete until the required information is received
by the Authority. |
| Section 20-129 Information and Requirements Applicable
to Indirect Source(s) Construction Permit Application Where No Approved
Parking and Traffic Circulation Plan is on File |
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(1) Application information requirements: |
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(a) For parking facilities and other indirect sources with associated
parking, other than highway sections and airports, with planned construction
resulting in total parking capacity for 1000 or more vehicles, the following
information shall be submitted: |
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(A) Items (A) through (E) of subsection
20-125(1)(a) |
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(B) Subsecton 20-125(2) shall be
applicable |
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(C) Measured or estimated carbon
monoxide and lead concentrations at reasonable receptor and exposure sites.
Measurements shall be made prior to construction and estimates shall be
made for the first, fifth, and tenth years after the indirect source and
associated parking are completed or fully operational. Such estimates shall
be made for average and peak operating conditions. |
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(D) Evidence of the compatibility
of the indirect source with any adopted transportation plan of the area. |
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(E) An estimate of the average and
maximum daily vehicle trips detailed in one- and eight-hour periods, generated
by the movement of mobile sources to and from the parking facility and/or
associated parking facility for the following time periods: |
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(i)
First, fifth and tenth years after completion of construction of each planned
incremental phase of the indirect source and having a total parking capacity
of more than 5,000 parking spaces. |
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(ii)
First and fifth years after completion of each planned incremental phase
of the indirect source having a total parking capacity of 5,000 or less
parking spaces. |
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(F) An estimate of the gross emissions
of carbon monoxide, lead, reactive hydrocarbons and oxides of nitrogen based
on the analysis performed in sub-sections 20-129(1)(a)(E) and 20-129(1)(a)(G). |
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(G) An estimate of the Average Daily
Traffic, peak hour and peak eight-hour traffic volumes for all roads, streets,
and arterials within 1/4 mile of the indirect source and for all freeways
and expressways within 1/2 mile of the nearest boundary of the indirect
source for the time periods as stated in subsections 20-129(1)(a)(E)(i)
and 20-129(1)(a)(E)(ii). |
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(H) An estimate of the effect of
the operation of the indirect source on total vehicle miles traveled. |
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(I) An estimate of the additional
residential, commercial, and industrial developments which may occur concurrent
with, or as the result of the construction, and use of the indirect source.
This shall also include an air quality impact assessment of such development. |
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(J) Estimates of the effect of the
operation and use of the indirect source on traffic patterns, volumes, and
flow in, on or within 1/4 mile of the indirect source. |
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(K) A description of the availability
and type of mass transit presently serving or projected to serve the proposed
indirect source. This description shall only include mass transit operating
within 1/4 mile of the boundary of the indirect source. |
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(L) A description of the indirect
source emission control program if such program is necessary in order to
be in compliance with the requirements of subsections 20-130(5)(a),(b),
and (c). |
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(b) For parking facilities and other indirect source with associated
parking, other than highway sections and airports, with planned construction
or parking capacity for 250 to 1000 vehicles, the following information
shall be submitted: |
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(A) Items (A) through (E) of subsection
20-125(1)(a) and items (E) and (K) of subsection 20-129(1)(a). The Authority
will request Item (L) of subsection 20-129(1)(a) where it is necessary in
order to be in compliance with the requirements of subsections 20-130(5)(a),
(b), and (c). |
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(B) Subsection 20-125(1) and (2)
shall be applicable. Such additional information may include such items
as (C), (D), (F), (G), and (I) of subsection 20-129(1)(a). |
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(C) For airports, the following information
shall be submitted: |
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(i)
Items (A) through (E) of subsection 20-125(1)(a). |
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(ii)
Subsection 20-125(2) shall be applicable. |
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(iii)
A map showing the topography of the area surrounding and including the site. |
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(iv)
Evidence of the compatibility of the airport with any adopted transportation
plan for the area. |
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(v)
An estimate of the effect of the operation of the airport on total vehicle
miles traveled. |
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(vi)
Estimates of the effect of the operation and use of the airport on traffic
patterns, volumes, and flow in, on, or within 1/4 mile of the airport. |
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(vii)
An estimate of the average and maximum number of aircraft operations per
day by type of aircraft in the first, fifth, and tenth years after completion
of the airport. |
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(viii)
Expected passenger loadings in the first, fifth, and tenth years after completion. |
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(ix)
Measured or estimated carbon monoxide and lead concentrations at reasonable
receptor and exposure sites. Measurements shall be made for the first, fifth,
and tenth years after the airport and associated parking are completed or
fully operational. Such estimates shall be made for average and peak operating
conditions. |
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(x)
Alternative designs of the airport, i.e., size, location, parking capacity,
etc., which would minimize the adverse environmental impact of the airport. |
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(xi)
An estimate of the additional residential, commercial and industrial development
which may occur within three (3) miles of the boundary of the new or modified
airport as the result of the construction and use of the airport. |
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(xii)
An estimate of the area-wide air quality impact analysis for carbon monoxide,
photochemical oxidants, nitrogen oxides, and lead particulate. This analysis
would be based on the emissions projected to be emitted from mobile and
stationary sources within the airport and from mobile and stationary source
growth within three(3) miles of the boundary of the airport. Projections
should be made for the first, fifth, and tenth years after completion. |
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(xiii)
A description of the availability and type of mass transit presently serving
or projected to serve the proposed airport. This description shall only
include mass transit operating within 1/4 mile of the boundary of the airport. |
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(D) For highway section, the following
information shall be submitted: |
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(i)
Items (A) through (C) of subsection 20-125(1)(a). |
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(ii)
Subsection 20-125(2) shall be applicable. |
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(iii)
A map showing the topography of the highway section and points of ingress
and egress. |
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(iv)
The existing average and maximum daily traffic on the highway section proposed
to be modified. |
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(v)
An estimate of the maximum traffic levels for one- and eight-hour periods
in the year in which the maximum air quality impact is projected and the
first and last years the highway section is projected not to be in compliance
with the requirements of subsections 20-130(5)(a), (b), and (c). |
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(vi)
An estimate of vehicle speeds for average and maximum traffic volumes for
the year in which the maximum air quality impact is projected and the first
and last years the highway section is projected not to be in compliance
with the requirements of subsection 20-130(5)(a), (b), and (c). |
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(vii)
A description of the general features of the highway section and associated
right-of-way. |
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(viii)
An analysis of the impact of the highway section on the development of mass
transit and other modes of transportation such as bicycling. |
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(ix)
Alternative designs of the highway section, i.e. size, location, etc., which
would minimize adverse environmental effects of the highway section. |
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(x)
The compatibility of the highway section with an adopted comprehensive transportation
plan for the area. |
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(xi)
An estimate of the additional residential, commercial, and industrial development
which may occur as the result of the construction and use of the highway
section, including an air quality assessment of such development. |
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(xii)
Estimates of the effect of the operation and use of the indirect source
on major shifts in traffic patterns, volumes, and flow in, on or within
1/4 mile of the highway section. |
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(xiii)
An analysis of the area-wide air quality impact for carbon monoxide, photochemical
oxidants, nitrogen oxides, and lead particulates for the year in which maximum
air quality impact is projected and the first and last years the highway
section is projected not to be in compliance with the requirements of subsections
20-130(5)(a), (b), and (c). This analysis would be based on the change in
total vehicle miles traveled in the area selected for analysis. |
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(xiv)
The total air quality impact (carbon monoxide and lead) of maximum and average
traffic volumes. This analysis would be based on the estimates of an appropriate
diffusion model at reasonable receptor and exposure sites. Measurements
shall be made prior to construction and estimates shall be made for the
year in which maximum air quality impact is projected and the first and
last years the highway section is projected not be in compliance with the
requirements of subsections 20-130(5)(a), (b), and (c). |
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(xv)
Where applicable and requested by the Authority, an Authority-approved surveillance
plan for motor vehicle related air contaminants. |
| Section 20-130 Issuance or Denial of Indirect Source Construction
Permits |
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(1) Issuance of an indirect source construction permit
shall not relieve the permittee from compliance with other applicable provisions
of the Clean Air Act Implementation Plan for Oregon or the other rules of
this Authority. |
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(2) Within twenty (20) days after receipt of a complete
permit application, the Authority shall: |
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(a) Issue twenty (20) day notice and notify appropriate newspapers
and any interested person(s) who has requested to receive such notices in
each region in which the proposed indirect source is to be constructed of
the opportunity for written public comment on the information submitted
by the applicant, the Authority's evaluation of the proposed project, the
Authority's proposed construction permit where applicable. |
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(b) Make publicly available in at least one location in each region
in which the proposed indirect source would be constructed, the information
submitted by the applicant, the Authority's evaluation of the proposed project,
the Authority's proposed decision, and the Authority's proposed construction
permit where applicable. |
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(3) Within sixty (60) days of the receipt of a complete
permit application, the Authority shall act to either disapprove a permit
application or approve it with possible conditions. |
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(4) Conditions of an Indirect Source Construction Permit
may include, but are not limited to: |
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(a) Posting transit route and scheduling information. |
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(b) Construction and maintenance of bus shelters and turn-out lanes. |
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(c) Maintaining mass transit fare reimbursement programs. |
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(d) Making a car pool matching system available to employees, shoppers,
students, residents, etc. |
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(e) Reserving parking spaces for car pools. |
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(f) Making parking spaces for car pools. |
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(g) Minimizing vehicle running time within parking lots through
the use of sound parking lot design. |
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(h) Ensuring adequate gate capacity by providing for the proper
number and location of entrances and exits and optimum signalization for
such. |
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(i) Altering the level of service at controlled intersections. |
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(j) Limiting traffic volume so as not to exceed the carrying capacity
of roadways. |
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(k) Obtaining a written statement of intent from the appropriate
public agency(s) on the disposition of roadway improvements, modifications
and/or additional transit facilities to serve the individual source. |
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(l) Construction and maintenance of exclusive transit ways. |
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(m) Providing for the collection of air quality monitoring data
at reasonable receptor and exposure sites. |
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(n) Limiting facility modifications which can take place without
resubmission of a permit application. |
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(o) Completion and submission of a Notice of Completion form prior
to operation of the facility. |
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(p) An Indirect Source Emission Control Program where it is necessary
in order to be in compliance with the requirements of subsections 20-130(5)(a),
(b), and (c). |
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(5) An Indirect Source Construction Permit may be withheld
if: |
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(a) The indirect source will cause a violation of the Clean Air
Act Implementation Plan for Oregon. |
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(b) The indirect source will delay the attainment of or cause a
violation of any state or regional ambient air quality standard. |
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(c) The indirect source causes any other indirect source or system
of indirect sources to violate any state or regional ambient air quality
standard. |
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(d) The applicable requirements for an Indirect Source Construction
Permit application are not met. |
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(6) Any owner or operator of an indirect source operating
without a permit required by this rule, or operating in violation of any
of the conditions of an issued permit shall be subject to civil penalties
and/or injunctions. |
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(7) If the Authority shall deny, revoke, or modify
an Indirect Source Construction permit, it shall issue an order setting
forth its reasons in essential detail. |
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(8) A denial or revocation of an Indirect Source Permit
may be appealed as a contested case pursuant to Title 14 of these rules.
A permit holder may request a hearing on a proposed modification pursuant
to Section 14-120. |
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(9) An Indirect Source Construction Permit shall be
applied for at least ninety 90) days in advance of the anticipated start
of construction. |
| Section 20-135 Permit Duration |
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(1) An Indirect Source Construction Permit issued by the Authority
shall remain in effect until modified or revoked by the Authority. |
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(2) The Authority may remove the permit of any indirect source
operating in violation of the construction, modification, or operation conditions
set forth in its permit. |
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(3) An approved permit may be conditioned to expire if construction
or modification is not commenced within eighteen (18) months after receipt
of the approved permit. In the case of a permit covering construction or
modification in planned incremental phases, the permit may be conditioned
to expire if any phase of construction or modification is not commenced
within eighteen (18) months of the time period(s) stated in the initial
permit. The Director may extend such time period upon a satisfactory showing
by the permittee that an extension is justified. |
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