An employer is fully exempt from OAR
if the employer submits reasonable documentation for each of the following:
Work site is located in an area for
(A) Public transit service during work
shift changes is less frequent than thirty minute intervals; or
(B) The public transit service point is
further than one-half mile from employee's usual parking area; or
(C) Work shift changes occur between 8:30
p.m. and 5:30 a.m..
Upon completing the employee survey and providing reasonable promotion for a
carpool matching program, employees indicating a willingness to car/vanpool
cannot be matched within the work site or through Tri-Met's carpool matching
database or employee turnover rate is greater than 50 percent per
(c) The nature of employees'
work requires them to perform their work at the work site or during specific
hours and days, eliminating the possibility of telecommuting or compressed work
(d) No options
exist for the employer to achieve equivalent emission reductions at no net
annualized cost to the employer (including both capital and operating
(a) The Department will grant a
partial exemption for that portion of an employer's work force for which
sections (1)(a) through (c) of this rule apply;
(b) The Department will grant a partial
exemption for section (1)(d) of this rule in direct proportion to the remaining
work trips to be reduced after quantifying all available equivalent emission
Employers must submit requests for partial or total exemptions to the
Department, on application forms provided by the Department, by the deadline
for plan or notice submittal. The Department will approve or deny the
employer's request for exemption by letter to the employer. If the employer
objects to any condition or limitation in that letter, the employer may request
a contested case hearing as described in OAR
Employers must renew requests for
exemptions every three years.
NOTE: This rule is included in the State of Oregon
Clean Air Act Implementation Plan as adopted by the Environmental Quality
Commission under OAR
Or. Admin. R.
DEQ 17-1996, f. & cert.
ef. 8-14-96; DEQ 14-1999, f. & cert. ef. 10-14-99, Renumbered from
340-030-1060; DEQ 3-2007, f. & cert. ef.
Stat. Auth.: ORS 468.020
Stats. Implemented: ORS