Air Contaminant Discharge Permits


Published: 2015

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The Oregon Administrative Rules contain OARs filed through November 15, 2015

 

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DEPARTMENT OF ENVIRONMENTAL QUALITY

 

DIVISION 216
AIR CONTAMINANT DISCHARGE PERMITS

NOTE: These rules are included in the
State of Oregon Clean Air Act Implementation Plan as adopted by the EQC under OAR
340-200-0040.
340-216-0010
Purpose
This division prescribes the requirements
and procedures for obtaining Air Contaminant Discharge Permits (ACDPs) pursuant
to ORS 468A.040 through 468A.060 and related statutes for sources of air contaminants.
NOTE: This rule is included in the
State of Oregon Clean Air Act Implementation Plan that EQC adopted under OAR 340-200-0040.
Stat. Auth.: ORS 468.020, 468A.025,
468A.040 & 468A.310
Stats. Implemented: ORS 468A.025,
468A.040 & 468A.310
Hist.: DEQ 47, f. 8-31-72,
ef. 9-15-72; DEQ 63, f. 12-20-73, ef. 1-11-74; DEQ 107, f. & ef. 1-6-86; Renumbered
from 340-020-0033.02, DEQ 4-1993, f. & cert. ef. 3-10-93; DEQ 12-1993, f. &
cert. ef. 9-24-93, Renumbered from 340-020-0140; DEQ 22-1995, f. & cert. ef.
10-6-95; DEQ 14-1999, f. & cert. ef. 10-14-99, Renumbered from 340-028-1700;
DEQ 6-2001, f. 6-18-01, cert. ef. 7-1-01; DEQ 7-2015, f. & cert. ef. 4-16-15
340-216-0020
Applicability and Jurisdiction
(1) This division applies to all sources
listed in OAR 340-216-8010. This division also applies to Oregon Title V Operating
Permit program sources when an ACDP is required by 340-218-0020 or 340-224-0010.
Sources referred to in 340-216-8010 are subject to fees in 340-216-8020.
(2) Sources in any one of
the categories in OAR 340-216-8010 must obtain a permit. If a source meets the requirements
of more than one of the source categories and the source is not eligible for a Basic
ACDP or a General ACDP that has been authorized by DEQ, then the source must obtain
a Simple or Standard ACDP. Source categories are not listed in alphabetical order.
(a) The commercial and industrial
sources in OAR 340-216-8010 Part A must obtain a Basic ACDP under 340-216-0056 unless
the source chooses to obtain a General, Simple or Standard ACDP. For purposes of
Part A, production and emission parameters are based on the latest consecutive 12
month period, or future projected operation, whichever is higher. Emission cutoffs
are based on actual emissions.
(b) Sources in any one of
the categories in OAR 340-216-8010 Part B must obtain one of the following unless
otherwise allowed in Part B:
(A) A General ACDP, if one
is available for the source classification and the source qualifies for a General
ACDP under OAR 340-216-0060;
(B) A Simple ACDP under OAR
340-216-0064; or
(C) A Standard ACDP under
OAR 340-216-0066 if the source fits one of the criteria of Part C or does not qualify
for a Simple ACDP.
(c) Sources in any one of
the categories in OAR 340-216-8010 Part C must obtain a Standard ACDP under the
procedures set forth in OAR 340-216-0066.
(3) No person may construct,
install, establish, develop or operate any air contaminant source listed in OAR
340-216-8010 without first obtaining an Air Contaminant Discharge Permit (ACDP)
from DEQ or LRAPA and keeping a copy onsite at all times, unless otherwise deferred
from the requirement to obtain an ACDP in subsection (1)(b) or DEQ has granted an
exemption from the requirement to obtain an ACDP under subsection (1)(e ). No person
may continue to operate an air contaminant source if the ACDP expires, or is terminated
or revoked; except as provided in 340-216-0082.
(a) For portable sources,
a single permit may be issued for operating at any area of the state if the permit
includes the requirements from both DEQ and LRAPA. DEQ or LRAPA, depending where
the portable source's corporate offices are located, will be responsible for issuing
the permit. If the corporate office of a portable source is located outside of the
state, DEQ will be responsible for issuing the permit.
(b) An air contaminant source
required to obtain an ACDP or ACDP Attachment pursuant to a NESHAP under OAR division
244 or NSPS under OAR division 238 is not required to submit an application for
an ACDP or ACDP Attachment until four months after the effective date of the EQC’s
adoption of the NESHAP or NSPS, and is not required to obtain an ACDP or ACDP Attachment
until six months after the EQC’s adoption of the NESHAP or NSPS. In addition,
DEQ may defer the requirement to submit an application for, or to obtain an ACDP
or ACDP Attachment, or both, for up to an additional twelve months.
(c) Deferrals of Oregon permitting
requirements do not relieve an air contaminant source from the responsibility of
complying with federal NESHAP or NSPS requirements.
(d) OAR 340-216-0060(1)(b)(A),
340-216-0062(2)(b)(A), 340-216-0064(4)(a), and 340-216-0066(3)(a), do not relieve
a permittee from the responsibility of complying with federal NESHAP or NSPS requirements
that apply to the source even if DEQ has not incorporated such requirements into
the permit.
(e) DEQ may exempt a source
from the requirement to obtain an ACDP if it determines that the source is subject
to only procedural requirements, such as notification that the source is affected
by an NSPS or NESHAP.
(4) No person may construct,
install, establish, or develop any source that will be subject to the Oregon Title
V Operating Permit program without first obtaining an ACDP from DEQ or LRAPA.
(5) No person may modify
any source that has been issued an ACDP without first complying with the requirements
of OAR 340-210-0205 through 340-210-0250.
(6) No person may modify
any source required to have an ACDP such that the source becomes subject to the
Oregon Title V Operating Permit program without complying with the requirements
of OAR 340-210-0205 through 340-210-0250.
(7) No person may increase
emissions above the PSEL by more than the de minimis emission levels specified in
OAR 340-200-0020 without first applying for and obtaining a modified ACDP.
(8) Subject to the requirements
in this division and OAR 340-200-0010(3), LRAPA is designated by the EQC to implement
the rules in this division within its area of jurisdiction.
NOTE: This rule is included in the
State of Oregon Clean Air Act Implementation Plan as adopted by the EQC under OAR
340-211-0040.
[ED. NOTE: Tables referenced are available
from the agency.]
Stat. Auth.: ORS 468.020,
468A.025, 468A.040, 468A.155 & 468A.310
Stats. Implemented: ORS 468A.025,
468A.040, 468A.135 - 468A.155 & 468A.310
Hist.: DEQ 47, f. 8-31-72,
ef. 9-15-72; DEQ 63, f. 12-20-73, ef. 1-11-74; DEQ 107, f. & ef. 1-6-76; Renumbered
from 340-020-0033; DEQ 125, f. & ef. 12-16-76; DEQ 20-1979, f. & ef. 6-29-79;
DEQ 23-1980, f. & ef. 9-26-80; DEQ 13-1981, f. 5-6-81, ef. 7-1-81; DEQ 11-1983,
f. & ef. 5-31-83; DEQ 3-1986, f. & ef. 2-12-86; DEQ 12-1987, f. & ef.
6-15-87; DEQ 27-1991, f. & cert. ef. 11-29-91; DEQ 4-1993, f. & cert. ef.
3-10-93; DEQ 12-1993, f. & cert. ef. 9-24-93, Renumbered from 340-020-0155;
DEQ 19-1993, f. & cert. ef. 11-4-93; DEQ 22-1994, f. & cert. ef. 10-4-94;
DEQ 22-1995, f. & cert. ef. 10-6-95; DEQ 19-1996, f. & cert. ef. 9-24-96;
DEQ 22-1996, f. & cert. ef. 10-22-96; DEQ 14-1999, f. & cert. ef. 10-14-99,
Renumbered from 340-028-1720; DEQ 6-2001, f. 6-18-01, cert. ef. 7-1-01; DEQ 4-2002,
f. & cert. ef. 3-14-02; DEQ 7-2007, f. & cert. ef. 10-18-07; DEQ 8-2007,
f. & cert. ef. 11-8-07; DEQ 15-2008, f. & cert. ef 12-31-08; DEQ 8-2009,
f. & cert. ef. 12-16-09; DEQ 9-2009(Temp), f. 12-24-09, cert. ef. 1-1-10 thru
6-30-10; Administrative correction 7-27-10; DEQ 10-2010(Temp), f. 8-31-10, cert.
ef. 9-1-10 thru 2-28-11; DEQ 12-2010, f. & cert. ef. 10-27-10; DEQ 1-2011, f.
& cert. ef. 2-24-11; DEQ 5-2011, f. 4-29-11, cert. ef. 5-1-11; DEQ 11-2011,
f. & cert. ef. 7-21-11; DEQ 13-2011, f. & cert. ef. 7-21-11; DEQ 14-2011,
f, & cert. ef. 7-21-11; DEQ 4-2013, f. & cert. ef. 3-27-13; DEQ 9-2013(Temp),
f. & cert. ef. 10-24-13 thru 4-22-14; Administrative correction, 5-21-14; DEQ
9-2014, f. & cert. ef. 6-26-14; DEQ 7-2015, f. & cert. ef. 4-16-15
340-216-0025
Types of Permits
(1) Construction ACDP:
(a) A Construction ACDP may
be used for approval of Type 3 changes specified in OAR 340-210-0225 at a source
subject to the ACDP permit requirements in this division.
(b) A Construction ACDP is
required for Type 3 changes specified in OAR 340-210-0225 at sources subject to
the Oregon Title V Operating Permit requirements.
(2) General ACDP. A General
ACDP is a permit for a category of sources for which individual permits are unnecessary
in order to protect the environment, as determined by DEQ. An owner or operator
of a source may be assigned to a General ACDP if DEQ has issued a General ACDP for
the source category and:
(a) The source meets the
qualifications specified in the General ACDP;
(b) DEQ determines that the
source has not had ongoing, recurring, or serious compliance problems; and
(c) DEQ determines that a
General ACDP would appropriately regulate the source.
(3) Short Term Activity ACDP.
A Short Term Activity ACDP is a letter permit that authorizes the activity and includes
any conditions placed upon the method or methods of operation of the activity. DEQ
may issue a Short Term Activity ACDP for unexpected or emergency activities, operations,
or emissions.
(4) Basic ACDP. A Basic ACDP
is a permit that authorizes the regulated source to operate in conformance with
the rules contained in OAR 340 divisions 200 to 268.
(a) Owners and operators
of sources and activities listed in Part A of OAR 340-216-8010 must at a minimum
obtain a Basic ACDP.
(b) Any owner or operator
of a source required to obtain a Basic ACDP may obtain either a Simple or Standard
ACDP.
(5) Simple ACDP.
(a) Owners and operators
of sources and activities listed in OAR 340-216-8010 Part B that do not qualify
for a General ACDP and are not required to obtain a Standard ACDP must, at a minimum,
obtain a Simple ACDP. Any source required to obtain a Simple ACDP may obtain a Standard
ACDP. DEQ may determine that a source is ineligible for a Simple ACDP and must obtain
a Standard ACDP based upon, but not limited to, the following considerations:
(A) The nature, extent, and
toxicity of the source's emissions;
(B) The complexity of the
source and the rules applicable to that source;
(C) The complexity of the
emission controls and potential threat to human health and the environment if the
emission controls fail;
(D) The location of the source;
and
(E) The compliance history
of the source.
(b) A Simple ACDP is a permit
that contains:
(A) All relevant applicable
requirements for source operation, including general ACDP conditions for incorporating
generally applicable requirements;
(B) Generic PSELs for all
regulated pollutants emitted at more than the de minimis emission level according
to OAR 340 division 222;
(C) Testing, monitoring,
recordkeeping, and reporting requirements sufficient to determine compliance with
the PSEL and other emission limits and standards, as necessary; and
(D) A permit duration not
to exceed 5 years.
(6) Standard ACDP:
(a) Applicability.
(A) The owner or operator
of a source listed in Part C of OAR 340-216-8010 must obtain a Standard ACDP.
(B) The owner or operator
of a source listed in Part B of OAR 340-216-8010 that does not qualify for a General
ACDP or Simple ACDP must obtain a Standard ACDP.
(C) The owner or operator
of a source not required to obtain a Standard ACDP may obtain a Standard ACDP.
(b) A Standard ACDP is a
permit that contains:
(A) All applicable requirements,
including general ACDP conditions for incorporating generally applicable requirements;
(B) Source specific PSELs
or Generic PSEL levels, whichever are applicable, as specified in OAR 340 division
222;
(C) Testing, monitoring,
recordkeeping, and reporting requirements sufficient to determine compliance with
the PSEL and other emission limits and standards, as necessary; and
(D) A permit duration not
to exceed 5 years.
NOTE: This rule is included in the
State of Oregon Clean Air Act Implementation Plan as adopted by the EQC under OAR
340-211-0040.
[ED. NOTE: Tables referenced are available
from the agency.]
Stat. Auth.: ORS 468.020,
468A.025, 468A.040 & 468A.310
Stats. Implemented: ORS 468A.025,
468A.040 & 468A.310
Hist.: DEQ 47, f. 8-31-72,
ef. 9-15-72; DEQ 63, f. 12-20-73, ef. 1-11-74; DEQ 107, f. & ef. 1-6-76; Renumbered
from 340-020-0033; DEQ 125, f. & ef. 12-16-76; DEQ 20-1979, f. & ef. 6-29-79;
DEQ 23-1980, f. & ef. 9-26-80; DEQ 13-1981, f. 5-6-81, ef. 7-1-81; DEQ 11-1983,
f. & ef. 5-31-83; DEQ 3-1986, f. & ef. 2-12-86; DEQ 12-1987, f. & ef.
6-15-87; DEQ 27-1991, f. & cert. ef. 11-29-91; DEQ 4-1993, f. & cert. ef.
3-10-93; DEQ 12-1993, f. & cert. ef. 9-24-93, Renumbered from 340-020-0155;
DEQ 19-1993, f. & cert. ef. 11-4-93; DEQ 22-1994, f. & cert. ef. 10-4-94;
DEQ 22-1995, f. & cert. ef. 10-6-95; DEQ 19-1996, f. & cert. ef. 9-24-96;
DEQ 22-1996, f. & cert. ef. 10-22-96; DEQ 14-1999, f. & cert. ef. 10-14-99,
Renumbered from 340-028-1720; DEQ 6-2001, f. 6-18-01, cert. ef. 7-1-01; DEQ 4-2002,
f. & cert. ef. 3-14-02; DEQ 5-2011, f. 4-29-11, cert. ef. 5-1-11; DEQ 9-2014,
f. & cert. ef. 6-26-14; DEQ 7-2015, f. & cert. ef. 4-16-15
340-216-0030
Definitions
The definitions in OAR 340-200-0020,
340-204-0010 and this rule apply to this division. If the same term is defined in
this rule and 340-200-0020 or 340-204-0010, the definition in this rule applies
to this division.
(1) “Basic technical
modification” includes, but is not limited to changing source test dates if
the equipment is not being operated, and similar changes.
(2) “Complex technical
modification” includes, but is not limited to incorporating a complex new
compliance method into a permit, adding a complex compliance method or monitoring
for an emission point or control device not previously addressed in a permit, adding
a complex new applicable requirement into a permit due to a change in process or
change in rules, and similar changes.
(3) “Moderate technical
modification” includes, but is not limited to adding a simple compliance method
or monitoring for an emission point or control device not previously addressed in
a permit, revising monitoring and reporting requirements other than dates and frequency,
adding a new applicable requirement into a permit due to a change in process or
change in rules , incorporating NSPS and NESHAP requirements, and similar changes.
(4) “Non-technical
modification” means name changes, change of ownership, correction of typographical
errors and similar administrative changes.
(5) “Simple technical
modification” includes, but is not limited to modifying a compliance method
to use different emission factors or process parameters, changing reporting dates
or frequency, and similar changes.
NOTE: This rule is included in the
State of Oregon Clean Air Act Implementation Plan as adopted by the EQC under OAR
340-211-0040.
Stat. Auth.: ORS 468.020 & 468A
Stats. Implemented: ORS 468A.025,
468A.040 & 468A.310
Hist.: DEQ 14-1999, f. &
cert. ef. 10-14-99; DEQ 6-2001, f. 6-18-01, cert. ef. 7-1-01; DEQ 7-2015, f. &
cert. ef. 4-16-15
340-216-0040
Application Requirements
(1) New Permits.
(a) Except for Short Term
Activity ACDPs, any person required to obtain a new ACDP must provide the following
general information, as applicable, using forms provided by DEQ in addition to any
other information required for a specific permit type:
(A) Identifying information,
including the name of the company, the mailing address, the facility address, and
the nature of business, Standard Industrial Classification (SIC) code;
(B) The name and phone number
of a local person responsible for compliance with the permit;
(C) The name of a person
authorized to receive requests for data and information;
(D) A description of the
production processes and related flow chart;
(E) A plot plan showing the
location and height of air contaminant sources. The plot plan must also indicate
the nearest residential or commercial property;
(F) The type and quantity
of fuels used;
(G) An estimate of the amount
and type of each air contaminant emitted by the source in terms of hourly, daily,
or monthly and yearly rates, showing calculation procedures;
(H) Any information on pollution
prevention measures and cross-media impacts the applicant wants DEQ to consider
in determining applicable control requirements and evaluating compliance methods;
(I) Estimated efficiency
of air pollution control devices under present or anticipated operating conditions;
(J) Where the operation or
maintenance of air pollution control devices and emission reduction processes can
be adjusted or varied from the highest reasonable efficiency and effectiveness,
information necessary for DEQ to establish operational and maintenance requirements
in OAR 340-226-0120(1) and (2);
(K) A Land Use Compatibility
Statement signed by a local, city or county, planner either approving or disapproving
construction or modification of the source, if required by the local planning agency;
(L) Any information required
by OAR 340 divisions 224 and 225, including but not limited to control technology
and analysis, air quality impact analysis; and information related to offsets and
net air quality benefit, if applicable; and
(M) Any other information
requested by DEQ.
(b) Applications for new
permits must be submitted at least 60 days prior to when a permit is needed. When
preparing an application, the applicant should also consider the timelines provided
in paragraph (2)(b), as well as OAR 340-224-0030, permit applications subject to
NSR, to allow DEQ adequate time to process the application and issue a permit before
it is needed.
(2) Renewal Permits. Except
for Short Term Activity ACDPs, any person required to renew an existing permit must
submit the information identified in section (1) using forms provided by DEQ, unless
there are no significant changes to the permit. If there are significant changes,
the applicant must provide the information identified in section (1) only for those
changes.
(a) Where there are no significant
changes to the permit, the applicant may use a streamlined permit renewal application
process by providing the following information:
(A) Identifying information,
including the name of the company, the mailing address, the facility address, and
the nature of business, Standard Industrial Classification (SIC) code, using a form
provided by DEQ; and
(B) A marked up copy of the
previous permit indicating minor changes along with an explanation for each requested
change.
(b) The owner or operator
must submit an application for renewal of the existing permit by no later than:
(A) 30 days prior to the
expiration date of a Basic ACDP;
(B) 120 days prior to the
expiration date of a Simple ACDP; or
(C) 180 days prior to the
expiration date of a Standard ACDP.
(c) DEQ must receive an application
for reassignment to General ACDPs and attachments within 30 days prior to expiration
of the General ACDPs or attachment.
(3) Permit Modifications.
For Simple and Standard ACDP modifications, the applicant must provide the information
in section (1) relevant to the requested changes to the permit and a list of any
new requirements applicable to those changes. When preparing an application, the
applicant should also consider the timelines provided in subsection (2)(b), as well
as OAR 340-224-0030, permit applications subject to NSR, to allow DEQ adequate time
to process the application and issue a permit before it is needed.
(4) Any owner or operator
who fails to submit any relevant facts or who has submitted incorrect information
in a permit application must, upon becoming aware of such failure or incorrect submittal,
promptly submit such supplementary facts or corrected information.
(5) The application must
be completed in full and signed by the applicant or the applicant's legally authorized
representative.
(6) Two copies of the application
are required, unless otherwise requested by DEQ. At least one of the copies must
be a paper copy, but the others may be in any other format, including electronic
copies, upon approval by DEQ.
(7) A copy of permit applications
subject to Major NSR under OAR 340 division 224, including all supplemental and
supporting information, must also be submitted directly to the EPA.
(8) The name of the applicant
must be the legal name of the facility or the owner's agent or the lessee responsible
for the operation and maintenance of the facility. The legal name must be registered
with the Secretary of State Corporations Division.
(9) All applications must
include the appropriate fees as specified in OAR 340-216-8020.
(10) Applications that are
obviously incomplete, unsigned, improperly signed, or lacking the required exhibits
or fees will be rejected by DEQ and returned to the applicant for completion.
(11) Within 15 days after
receiving the application, DEQ will preliminarily review the application to determine
the adequacy of the information submitted:
(a) If DEQ determines that
additional information is needed, DEQ will promptly ask the applicant for the needed
information. The application will not be considered complete for processing until
the requested information is received. The application will be considered withdrawn
if the applicant fails to submit the requested information within 90 days of the
request;
(b) If, in the opinion of
DEQ, additional measures are necessary to gather facts regarding the application,
DEQ will notify the applicant that such measures will be instituted along with the
timetable and procedures to be followed. The application will not be considered
complete for processing until the necessary additional fact-finding measures are
completed. When the information in the application is deemed adequate for processing,
DEQ will so notify the applicant.
(12) If at any time while
processing the application, DEQ determines that additional information is needed,
DEQ will promptly ask the applicant for the needed information. The application
will not be considered complete for processing until the requested information is
received. The application will be considered withdrawn if the applicant fails to
submit the requested information within 90 days of the request.
(13) If, upon review of an
application, DEQ determines that a permit is not required, DEQ will so notify the
applicant in writing. Such notification is a final action by DEQ on the application.
NOTE: This rule is included in the
State of Oregon Clean Air Act Implementation Plan as adopted by the EQC under OAR
340-200-0040.
[ED. NOTE: Tables referenced are available
from the agency.]
Stat. Auth.: ORS 468.020,
468.065, 468A.025, 468A.040, 468A.310 & 468A.315
Stats. Implemented: ORS 468
& 468A
Hist.: DEQ 42, f. 4-5-72,
ef. 4-15-72; DEQ 47, f. 8-31-72, ef. 9-15-72; DEQ 63, f. 12-20-73, ef. 1-11-74;
DEQ 107, f. & ef. 1-6-76; Renumbered from 340-020-0033; DEQ 20-1979, f. &
ef. 6-29-79; DEQ 13-1988, f. & cert. ef. 6-17-88; DEQ 4-1993, f. & cert.
ef. 3-10-93; DEQ 12-1993, f. & cert. ef. 9-24-93, Renumbered from 340-020-0175;
DEQ 19-1993, f. & cert. ef. 11-4-93; DEQ 14-1999, f. & cert. ef. 10-14-99,
Renumbered from 340-028-1770; DEQ 6-2001, f. 6-18-01, cert. ef. 7-1-01, Renumbered
from 340-014-0020 & 340-014-0030; DEQ 5-2011, f. 4-29-11, cert. ef. 5-1-11;
DEQ 9-2014, f. & cert. ef. 6-26-14; DEQ 7-2015, f. & cert. ef. 4-16-15
340-216-0052
Construction ACDP
(1) Purpose. A Construction ACDP is
a permit for approval of Type 3 construction or modification changes as specified
in OAR 340-210-0225 and 340-210-0240. The Construction ACDP includes requirements
for the construction or modification of stationary sources or air pollution control
devices and does not by itself provide authorization to operate the new construction
or modification. A new or modified Standard ACDP or Oregon Title V Operating Permit
is required before operation of the new construction or modification. A Construction
ACDP may be used for the following situations:
(a) For complex construction
or modification projects that require an extended period of time to construct, the
Construction ACDP may provide construction approval faster than issuance of a Standard
ACDP or modified Standard ACDP because the operating requirements would not need
to be included in the permit.
(b) For Oregon Title V Operating
Permit sources, the Construction ACDP may include the requirements of OAR 340-218-0050
and follow the external review procedures in OAR 340-218-0210 and 340-218-0230 so
that the requirements may later be incorporated into the Oregon Title V Operating
Permit by an administrative amendment. If the applicant elects to incorporate the
Construction ACDP by administrative amendment, all of the application submittal,
permit content, and permit issuance requirements of OAR 340 division 218 must be
met for the Construction ACDP.
(2) Application requirements.
Any person requesting a Construction ACDP must:
(a) Submit an application
according to OAR 340-216-0040 and provide the information specified in 340-216-0040(1)
as it relates to the proposed new construction or modification; and
(b) Provide a list of any
applicable requirements related to the new construction or modification.
(3) Fees. Applicants for
a Construction ACDP must pay the fees in OAR 340-216-8020.
(4) Permit content. A Construction
ACDP must include at least the following:
(a) A requirement that construction
must commence within 18 months after the permit is issued if required by OAR 340-224-0030(4);
(b) A requirement to construct
according to approved plans;
(c) A requirement to comply
with all applicable requirements;
(d) Emission limits for affected
stationary sources;
(e) Performance standards
for affected stationary sources and air pollution control devices;
(f) Performance test requirements;
(g) Monitoring requirements,
if specialized equipment is required (e.g., continuous monitoring systems);
(h) Notification and reporting
requirements (construction status reports, startup dates, source test plans, CEMS
performance specification testing plans, etc.);
(i) General ACDP conditions
for incorporating generally applicable requirements;
(j) A requirement to modify
the operating permit before commencing operation of the new construction or modification;
(k) A permit expiration date
of no more than 5 years; and
(l) Oregon Title V Permit
requirements as specified in OAR 340-218-0050, if the applicant requests the external
review procedures in 340-218-0210 and 340-218-0230.
(5) Permit issuance procedures:
(a) A Construction ACDP requires
that DEQ provide public notice according to OAR 340 division 209 as a Category III
permit action.
(b) For sources subject to
the Oregon Title V Operating Permit program, the applicant may ask for the external
review procedures in OAR 340-218-0210 and 340-218-0230 in addition to the requirements
of OAR 340 division 209 to allow the Construction ACDP to be incorporated into the
Oregon Title V Operating Permit at a later date by an administrative amendment provided
the requirements of subsection (1)(b) are met.
(c) Issuance of a modified
Construction ACDP requires the following public notice, as applicable:
(A) Public notice as a Category
I permit action under OAR 340 division 209 for non-technical modifications and basic
and simple technical modifications; or
(B) Public notice as a Category
II permit action under OAR 340 division 209 for moderate and complex technical modifications.
(6) Construction ACDPs may
not be renewed.
NOTE: This rule is included in the
State of Oregon Clean Air Act Implementation Plan as adopted by the EQC under OAR
340-200-0040.
[ED. NOTE: Tables referenced are available
from the agency.]
Stat. Auth.: ORS 468.020,
468.065, 468A.025, 468A.040, 468A.310 & 468A.315
Stats. Implemented: ORS 468
& 468A
Hist.: DEQ 6-2001, f. 6-18-01,
cert. ef. 7-1-01; DEQ 5-2011, f. 4-29-11, cert. ef. 5-1-11; DEQ 9-2014, f. &
cert. ef. 6-26-14; DEQ 7-2015, f. & cert. ef. 4-16-15
340-216-0054
Short Term Activity ACDPs
(1) Application requirements. Any person
requesting a Short Term Activity ACDP must apply in writing, fully describing the
unexpected or emergency activity requiring an ACDP and the proposed activities,
operations, and emissions. The application must include the fees specified in section
(2).
(2) Fees. Applicants for
a Short Term Activity ACDP must pay the fees in OAR 340-216-8020.
(3) Permit content:
(a) A Short Term Activity
ACDP must include conditions that ensure adequate protection of property and preservation
of public health, welfare, and resources.
(b) A Short Term Activity
ACDP may not include a PSEL for any air contaminants discharged as a result of the
permitted activity.
(c) A Short Term Activity
ACDP will automatically terminate 60 days from the date of issuance and may not
be renewed.
(4) Permit issuance public
notice procedures. A Short Term Activity ACDP requires public notice as a Category
I permit action under OAR 340 division 209.
NOTE: This rule is included in the
State of Oregon Clean Air Act Implementation Plan that EQC adopted under OAR 340-200-0040.
Stat. Auth.: ORS 468.020, 468.065, 468A.025,
468A.040, 468A.310 & 468A.315
Stats. Implemented: ORS 468
& 468A
Hist.: DEQ 42, f. 4-5-72,
ef. 4-15-72; DEQ 4-1993, f. & cert. ef. 3-10-93; DEQ 22-1996, f. & cert.
ef. 10-22-96; DEQ 6-2001, f. 6-18-01, cert. ef. 7-1-01, Renumbered from 340-014-0050;
DEQ 5-2011, f. 4-29-11, cert. ef. 5-1-11; DEQ 9-2014, f. & cert. ef. 6-26-14;
DEQ 7-2015, f. & cert. ef. 4-16-15
340-216-0056
Basic ACDPs
(1) Application requirements. Any person
requesting a Basic ACDP must submit an application according to OAR 340-216-0040
and provide the information specified in OAR 340-216-0040(1).
(2) Fees. Applicants for
a new Basic ACDP must pay the fees in OAR 340-216-8020.
(3) Permit content:
(a) A Basic ACDP will contain
only the most significant and relevant rules applicable to the source;
(b) A Basic ACDP may not
contain a PSEL;
(c) A Basic ACDP will require
that a simplified annual report be submitted to DEQ; and
(d) A Basic ACDP may be issued
for a period not to exceed ten years.
(4) Permit issuance public
notice procedures. A Basic ACDP requires public notice as a Category I permit action
according to OAR 340 division 209.
NOTE: This rule is included in the
State of Oregon Clean Air Act Implementation Plan as adopted by the EQC under OAR
340-200-0040.
Stat. Auth.: ORS 468.020, 468.065, 468A.025,
468A.040, 468A.310 & 468A.315
Stats. Implemented: ORS 468
& 468A
Hist.: DEQ 6-2001, f. 6-18-01,
cert. ef. 7-1-01; DEQ 8-2007, f. & cert. ef. 11-8-07; DEQ 5-2011, f. 4-29-11,
cert. ef. 5-1-11; DEQ 9-2014, f. & cert. ef. 6-26-14; DEQ 7-2015, f. & cert.
ef. 4-16-15
340-216-0060
General Air Contaminant Discharge
Permits
(1) Applicability.
(a) DEQ may issue a General
ACDP under the following circumstances:
(A) There are multiple sources
that involve the same or substantially similar types of operations;
(B) All requirements applicable
to the covered operations can be contained in a General ACDP;
(C) The emission limitations,
monitoring, recordkeeping, reporting and other enforceable conditions are the same
for all operations covered by the General ACDP; and
(D) The regulated pollutants
emitted are of the same type for all covered operations.
(b) Permit content. Each
General ACDP must include the following:
(A) All relevant requirements
for the operations covered by the General ACDP, excluding any federal requirements
not adopted by the EQC;
(B) Generic PSELs for all
regulated pollutants emitted at more than the de minimis emission level according
to OAR 340 division 222;
(C) Testing, monitoring,
recordkeeping, and reporting requirements necessary to ensure compliance with the
PSEL and other applicable emissions limits and standards; and
(D) A permit expiration date
not to exceed 10 years from the date of issuance.
(c) Permit issuance public
notice procedures: A new General ACDP requires public notice as a Category III permit
action according to OAR 340 division 209. A reissued General ACDP or a modification
to a General ACDP requires public notice as a Category II permit action according
to OAR 340 division 209.
(d) DEQ will retain all General
ACDPs on file and make them available for public review at DEQ's headquarters.
(2) Source assignment:
(a) Application requirements.
Any person requesting that a source be assigned to a General ACDP must submit a
written application according to OAR 340-216-0040 that includes the information
in 340-216-0040(1), specifies the General ACDP source category, and shows that the
source qualifies for the General ACDP.
(b) Fees. Applicants must
pay the fees in OAR 340-216-8020. The fee class for each General ACDP is Fee Class
One unless otherwise specified as follows:
(A) Hard chrome platers —
Fee Class Three;
(B) Decorative chrome platers
— Fee Class Two;
(C) Halogenated solvent degreasers
— batch cold, batch vapor, and in-line — Fee Class Two;
(D) Perchloroethylene dry
cleaners — Fee Class Six;
(E) Asphalt plants —
Fee Class Three;
(F) Rock crushers —
Fee Class Two;
(G) Ready-mix concrete —
Fee Class One;
(H) Sawmills, planing mills,
millwork, plywood manufacturing and veneer drying — Fee Class Three;
(I) Boilers — Fee Class
Two;
(J) Crematories — Fee
Class One;
(K) Grain elevators —
Fee Class One;
(L) Prepared feeds, flour,
and cereal — Fee Class One;
(M) Seed cleaning —
Fee Class One;
(N) Coffee roasters —
Fee Class One;
(O) Bulk gasoline plants
— Fee Class One;
(P) Electric power generators
— Fee Class Two;
(Q) Clay ceramics —
Fee Class One;
(R) Hospital sterilizers
— Fee Class Four;
(S) Secondary nonferrous
metals — Fee Class One;
(T) Gasoline dispensing facilities
— stage I — Fee Class Five;
(U) Gasoline dispensing facilities
— stage II — Fee Class Four;
(V) Wood preserving —
Fee Class Four;
(W) Metal fabrication and
finishing — with two or more of the following operations — Fee Class
Two;
(i) Dry abrasive blasting
performed in a vented enclosure or of objects greater than 8 feet (2.4 meters) in
any one dimension that uses materials that contain MFHAP or has the potential to
emit MFHAP;
(ii) Spray-applied painting
operation using MFHAP containing paints;
(iii) Welding operation that
uses materials that contain MFHAP or has the potential to emit MFHAP and uses 2,000
pounds or more per year of MFHAP containing welding wire and rod (calculated on
a rolling 12-month basis);
(X) Metal fabrication and
finishing — with only one of the operations listed in subparagraphs (2)(b)(W)(i)
through (iii)— Fee Class One;
(Y) Metal fabrication and
finishing — with none of the operations listed in subparagraphs (2)(b)(W)(i)
through (iii) — Fee Class Four;
(Z) Plating and polishing
— Fee Class One;
(AA) Surface coating operations
— Fee Class One;
(BB) Paint stripping —
Fee Class One;
(CC) Aluminum, copper, and
nonferrous foundries — Fee Class Two;
(DD) Paints and allied products
manufacturing — Fee Class Two; and
(EE) Emergency generators
and firewater pumps, if a permit is required – Fee Class Two.
(c) Source assignment procedures:
(A) Assignment of a source
to a General ACDP is a Category I permit action and is subject to the Category I
public notice requirements according to OAR 340 division 209.
(B) A person is not a permittee
under the General ACDP until DEQ assigns the General ACDP to the person.
(C) Assignments to General
ACDPs and attachments terminate when the General ACDP or attachment expires or is
modified, terminated or revoked.
(D) Once a source has been
assigned to a General ACDP, if the assigned General ACDP does not cover all requirements
applicable to the source, excluding any federal requirements not adopted by the
EQC, the other applicable requirements must be covered by assignment to one or more
General ACDP Attachments according to OAR 340-216-0062, otherwise the source must
obtain a Simple or Standard ACDP.
(E) A source requesting to
be assigned to a General ACDP Attachment, according to OAR 340-216-0062, for a source
category in a higher annual fee class than the General ACDP to which the source
is currently assigned, must be reassigned to the General ACDP for the source category
in the higher annual fee class.
(3) DEQ Initiated Modification.
If DEQ determines that the conditions have changed such that a General ACDP for
a category needs to be modified, DEQ may issue a new General ACDP for that category
and assign all existing General ACDP permit holders to the new General ACDP.
(4) Rescission. DEQ may rescind
an individual source's assignment to a General ACDP if the source no longer meets
the requirements of the permit. In such case, the source must submit an application
within 60 days for a Simple or Standard ACDP upon notification by DEQ of DEQ’s
intent to rescind the General ACDP. Upon issuance of the Simple or Standard ACDP,
or if the source fails to submit an application for a Simple or Standard ACDP, DEQ
will rescind the source's assignment to the General ACDP.
NOTE: This rule is included in the State of
Oregon Clean Air Act Implementation Plan as adopted by the EQC under OAR 340-200-0040.
[ED. NOTE: Tables referenced are available
from the agency.]
Stat. Auth.: ORS 468.020,
468.065, 468A.025, 468A.040, 468A.310 & 468A.315
Stats. Implemented: ORS 468
& 468A
Hist.: DEQ 14-1998, f. &
cert. ef. 9-14-98; DEQ 14-1999, f. & cert. ef. 10-14-99, Renumbered from 340-028-1725;
DEQ 6-2001, f. 6-18-01, cert. ef. 7-1-01; DEQ 10-2001, f. & cert. ef. 8-30-01;
DEQ 4-2002, f. & cert. ef. 3-14-02; DEQ 2-2006, f. & cert. ef. 3-14-06;
DEQ 8-2007, f. & cert. ef. 11-8-07; DEQ 15-2008, f. & cert. ef 12-31-08;
DEQ 8-2009, f. & cert. ef. 12-16-09; DEQ 1-2011, f. & cert. ef. 2-24-11;
DEQ 5-2011, f. 4-29-11, cert. ef. 5-1-11; DEQ 4-2013, f. & cert. ef. 3-27-13;
DEQ 9-2014, f. & cert. ef. 6-26-14; DEQ 7-2015, f. & cert. ef. 4-16-15
340-216-0062
General ACDP Attachments
(1) Purpose. This rule allows a source
to be assigned to one General ACDP and one or more General ACDP Attachments, as
long as the General ACDP and General ACDP Attachment contain all requirements applicable
to the source. This would allow a source to avoid having to obtain a more costly
Simple or Standard ACDP if there are no General ACDPs that contain all requirements
applicable to the source.
(2) Applicability.
(a) DEQ may issue a General
ACDP Attachment under the following circumstances:
(A) There are multiple sources
that involve the same or substantially similar types of operations;
(B) All requirements applicable
to the covered operations can be contained in a General ACDP Attachment;
(C) The emission limitations,
monitoring, recordkeeping, reporting and other enforceable conditions are the same
for all operations covered by the General ACDP Attachment;
(D) The regulated pollutants
emitted are of the same type for all covered operations. If a General ACDP and a
General ACDP Attachment cannot address all activities at a source, the owner or
operator of the source must apply for a Simple or Standard ACDP according to this
division.
(b) Attachment content. Each
General ACDP Attachment must include the following:
(A) All relevant requirements
for the operations covered by the General ACDP Attachment, excluding any federal
requirements not adopted by the EQC;
(B) Testing, monitoring,
recordkeeping, and reporting requirements necessary to ensure compliance with the
applicable emissions limits and standards; and
(C) An attachment expiration
date not to exceed 10 years from the date of issuance.
(c) Attachment issuance public
notice procedures: A General ACDP Attachment requires public notice as a Category
II permit action according to OAR 340 division 209.
(d) DEQ will retain all General
ACDP Attachments on file and make them available for public review at DEQ's headquarters.
(3) Source assignment:
(a) Application requirements.
Any person requesting to be assigned to a General ACDP Attachment must submit a
written application for each requested General ACDP Attachment that specifies the
requested General ACDP Attachment and shows that the source qualifies for the requested
General ACDP Attachment.
(b) Fees. Applicants must
pay the fees in OAR 340-216-8020 for each assigned General ACDP Attachment. The
fee class for each General ACDP Attachment is Fee Class Five.
(c) Assignment procedures:
(A) Assignment to a General
ACDP Attachment is a Category I permit action and is subject to the Category I public
notice requirements under OAR 340 division 209.
(B) A person is not a permittee
under the General ACDP Attachment until DEQ assigns the General ACDP Attachment
to the person.
(C) Assignment to a General
ACDP Attachment terminates when the General ACDP Attachment expires or is modified,
terminated or revoked.
(D) A source may not be assigned
to a General ACDP Attachment for a source category in a higher annual fee class
than the General ACDP to which the source is currently assigned. Instead a source
must be reassigned to the General ACDP for the source category in the higher annual
fee class according to OAR 340-216-0060(2)(c)(E) and may be assigned to one or more
General ACDP Attachments associated with source categories in an equal or lower
annual fee class.
(d) If all activities at
a source cannot be addressed by a General ACDP and General ACDP Attachments, the
owner or operator of the source must apply for a Simple or Standard ACDP according
to this division.
NOTE: This rule is included in
the State of Oregon Clean Air Act Implementation Plan as adopted by the EQC under
OAR 340-200-0040.
Stat. Auth.: ORS 468.020,
468.065, 468A.025, 468A.040, 468A.310 & 468A.315
Stats. Implemented: ORS 468
& 468A
Hist.: DEQ 8-2009, f. &
cert. ef. 12-16-09; DEQ 4-2013, f. & cert. ef. 3-27-13; DEQ 9-2013(Temp), f.
& cert. ef. 10-24-13 thru 4-22-14; Administrative correction, 5-21-14; DEQ 9-2014,
f. & cert. ef. 6-26-14; DEQ 7-2015, f. & cert. ef. 4-16-15
340-216-0064
Simple ACDP
(1) Application Requirements. Any person
requesting a new, modified, or renewed Simple ACDP must submit an application according
to OAR 340-216-0040.
(2) Fees. Applicants for
a new or modified Simple ACDP must pay the fees in OAR 340-216-8020. Applicants
for a new Simple ACDP must initially pay the High Annual Fee. Once the initial permit
is issued, annual fees for Simple ACDPs will be assessed based on the following:
(a) Low Fee — A source
may qualify for the low fee if:
(A) The source is, or will
be, permitted under only one of the following categories in OAR 340-216-8010 Part
B:
(i) Category 7. Asphalt felt
and coatings;
(ii) Category 13. Boilers
and other fuel burning equipment (can be combined with category 27. Electric power
generation);
(iii) Category 27. Electric
power generation;
(iv) Category 33. Galvanizing
& pipe coating;
(v) Category 39. Gray iron
and steel foundries, malleable iron foundries, steel investment foundries, steel
foundries 100 or more tons/yr. metal charged (not elsewhere identified);
(vi) Category 40. Gypsum
products;
(vii) Category 45. Liquid
storage tanks subject to OAR 340 division 232;
(viii) Category 56. Non-ferrous
metal foundries 100 or more tons/year of metal charged;
(ix) Category 57. Organic
or inorganic industrial chemical manufacturing;
(x) Category 62. Perchloroethylene
dry cleaning;
(xi) Category 73. Secondary
smelting and/or refining of ferrous and non-ferrous metals; or
(xii) Category 85. All other
sources not listed in OAR 340-216-8010 (can be combined with category 27. Electric
Power Generation); and
(B) The actual emissions
from the calendar year immediately preceding the invoice date are less than five
tons/year of PM10 in a PM10 nonattainment or maintenance area or PM2.5 in a PM2.5
nonattainment or maintenance area, and less than 10 tons/year for each criteria
pollutant; and
(C) The source is not creating
a nuisance under OAR 340-208-0310 or 340-208-0450.
(b) High Fee — Any
source required to have a Simple ACDP (OAR 340-216-8010 Part B) that does not qualify
for the low fee under subsection (2)(a) will be assessed the high fee.
(c) If DEQ determines that
a source was invoiced for the low annual fee but does not meet the low fee criteria
outlined above, the source will be required to pay the difference between the low
and high fees, plus applicable late fees in OAR 340-216-8020 Part 4. Late fees start
upon issuance of the initial invoice. In this case, DEQ will issue a new invoice
specifying applicable fees.
(3) Permit Content. Each
Simple ACDP must include the following:
(a) All relevant applicable
requirements for source operation, including general ACDP conditions for incorporating
generally applicable requirements, but excluding any federal requirements not adopted
by the EQC;
(b) Generic PSELs for all
regulated pollutants emitted at more than the de minimis emission level according
to OAR 340 division 222;
(c) Testing, monitoring,
recordkeeping, and reporting requirements sufficient to determine compliance with
the PSEL and other emission limits and standards, as necessary; and
(d) A permit duration not
to exceed 5 years.
(4) Permit issuance public
notice procedures:
(a) Issuance of a new or
renewed Simple ACDP requires public notice as a Category II permit according to
OAR 340 division 209.
(b) Issuance of a modification
to a Simple ACDP requires one of the following procedures, as applicable:
(A) Public notice as a Category
I permit action for non-technical and basic and simple technical modifications according
to OAR 340 division 209; or
(B) Public notice as a Category
II permit action for moderate and complex technical modifications according to OAR
340 division 209.
NOTE: This rule is included in
the State of Oregon Clean Air Act Implementation Plan as adopted by the EQC under
OAR 340-200-0040.
Stat. Auth.: ORS 468.020,
468.065, 468A.025, 468A.040, 468A.310 & 468A.315
Stats. Implemented: ORS 468
& 468A
Hist.: DEQ 6-2001, f. 6-18-01,
cert. ef. 7-1-01; DEQ 4-2002, f. & cert. ef. 3-14-02; DEQ 8-2009, f. & cert.
ef. 12-16-09; DEQ 1-2011, f. & cert. ef. 2-24-11; DEQ 5-2011, f. 4-29-11, cert.
ef. 5-1-11; DEQ 4-2013, f. & cert. ef. 3-27-13; DEQ 9-2013(Temp), f. & cert.
ef. 10-24-13 thru 4-22-14; Administrative correction, 5-21-14; DEQ 9-2014, f. &
cert. ef. 6-26-14; DEQ 7-2015, f. & cert. ef. 4-16-15
340-216-0066
Standard ACDPs
(1) Application requirements. Any person
requesting a new, modified, or renewed Standard ACDP must submit an application
according to OAR 340-216-0040 and include the following additional information as
applicable:
(a) New or modified Standard
ACDPs that are not subject to Major NSR, but have emissions increases above the
significant emissions rate are subject to the requirements of State NSR. The application
must include an analysis of the air quality and, for federal major sources only,
the visibility impacts of the source or modification, including meteorological and
topographical data, specific details of models used, and other information necessary
to estimate air quality impacts.
(b) For new or modified Standard
ACDPs that are subject to Major NSR, , the application must include the following
information as applicable:
(A) A detailed description
of the air pollution control devices and emission reductions processes that are
planned for the major source or major modification, and any other information necessary
to determine that BACT or LAER technology, whichever is applicable, would be applied;
(B) An analysis of the air
quality and, for federal major sources only, the visibility impacts of the major
source or major modification, including meteorological and topographical data, specific
details of models used, and other information necessary to estimate air quality
impacts; and
(C) An analysis of the air
quality and, for federal major sources only, the visibility impacts, and the nature
and extent of all commercial, residential, industrial, and other source emission
growth, which has occurred since the baseline concentration year in the area the
major source or major modification would affect.
(2) Fees. Applicants for
a Standard ACDP must pay the fees in OAR 340-216-8020.
(3) Permit content. Each
Standard ACDP must include the following:
(a) All applicable requirements,
including general ACDP conditions for incorporating generally applicable requirements,
but excluding any federal requirements not adopted by the EQC;
(b) Source specific PSELs
or Generic PSEL levels, whichever are applicable, under OAR 340 division 222;
(c) Testing, monitoring,
recordkeeping, and reporting requirements sufficient to determine compliance with
the PSEL and other emission limits and standards, as necessary; and
(d) A permit duration not
to exceed 5 years.
(4) Permit issuance procedures.
(a) Issuance of a new or
renewed Standard ACDP requires public notice under OAR 340 division 209 as follows:
(A) Public notice as a Category
III permit action for permit actions that will increase allowed emissions but that
are not Major NSR or Type A State NSR permit actions under OAR 340 division 224,
or as a Category II permit action if the permit will not increase allowed emissions.
(B) Public notice as a Category
IV permit action for permit actions that are Major NSR or Type A State NSR permit
actions under OAR 340 division 224.
(b) Issuance of a modified
Standard ACDP requires public notice under OAR 340 division 209 as follows:
(A) Public notice as a Category
I permit action for non-technical modifications and basic and simple technical modifications
according to OAR 340 division 209.
(B) Public notice as a Category
II permit action for moderate and complex technical modifications if there will
be no increase in allowed emissions, or as a Category III permit action if there
will be an increase in emissions; or
(C) Public notice as a Category
IV permit action for major modifications subject to NSR under OAR 340 division 224.
NOTE: This rule is included in
the State of Oregon Clean Air Act Implementation Plan as adopted by the EQC under
OAR 340-200-0040.
Stat. Auth.: ORS 468.020,
468.065, 468A.025, 468A.040, 468A.310 & 468A.315
Stats. Implemented: ORS 468
& 468A
Hist.: DEQ 6-2001, f. 6-18-01,
cert. ef. 7-1-01; DEQ 4-2002, f. & cert. ef. 3-14-02; DEQ 5-2011, f. 4-29-11,
cert. ef. 5-1-11; DEQ 4-2013, f. & cert. ef. 3-27-13; DEQ 9-2014, f. & cert.
ef. 6-26-14; DEQ 7-2015, f. & cert. ef. 4-16-15
340-216-0068
Simple and Standard ACDP Attachments
(1) Purpose. This rule allows DEQ to
add new requirements to existing Simple or Standard ACDPs by assigning the source
to an ACDP Attachment issued under section (2). An ACDP Attachment would apply to
an affected source until the new requirements are incorporated into the source’s
Simple or Standard ACDP at the next permit renewal or at the time of permit modification.
(2) ACDP Attachment issuance
procedures:
(a) An ACDP Attachment requires
public notice as a Category II permit action under OAR 340 division 209, except
that ACDP Attachments to Simple or Standard ACDPs require notice as Category I permit
actions.
(b) DEQ may issue an ACDP
Attachment when there are multiple sources that are subject to the new requirements.
(c) Attachment content. Each
ACDP Attachment must include the following:
(A) Testing, monitoring,
recordkeeping, and reporting requirements necessary to ensure compliance with the
applicable emissions limits and standards; and
(B) An attachment expiration
date not to exceed 5 years from the date of issuance.
(3) Assignment to ACDP Attachment:
(a) A source is not a permittee
under the ACDP Attachment until DEQ assigns the ACDP Attachment to the source.
(b) The ACDP Attachment is
removed from the Simple or Standards ACDP when the requirements of the ACDP Attachment
are incorporated into the source’s Simple or Standard ACDP at the time of
renewal or of a modification.
(c) If an EPA or DEQ action
causes a source to be subject to the requirements in an ACDP Attachment, assignment
to the ACDP Attachment is a DEQ initiated modification to the Simple or Standard
ACDP and the permittee is not required to submit an application or pay fees for
the permit action. In such case, DEQ would notify the permittee of the proposed
permitting action and the permittee may object to the permit action if the permittee
demonstrates that the source is not subject to the requirements of the ACDP Attachment.
Stat. Auth.: ORS 468.020, 468A.025,
468A.040 & 468A.310
Stats. Implemented: ORS 468A
Hist.: DEQ 4-2013, f. &
cert. ef. 3-27-13; DEQ 7-2015, f. & cert. ef. 4-16-15
340-216-0070
Permitting Multiple Sources at a
Single Adjacent or Contiguous Site
A single or contiguous site containing
activities or processes that are covered by more than one General ACDP, or a source
that contains processes or activities listed in more than one part of OAR 340-216-8010
may obtain a Standard ACDP, even if not otherwise required to obtain a Standard
ACDP under this division.
NOTE: This rule is included in the
State of Oregon Clean Air Act Implementation Plan as adopted by the EQC under OAR
340-200-0040.
[ED. NOTE: Tables referenced are available
from the agency.]
Stat. Auth.: ORS 468.020,
468A.025, 468A.040 & 468A.310
Stats. Implemented: ORS 468
& 468A
Hist.: DEQ 47, f. 8-31-72,
ef. 9-15-72; DEQ 63, f. 12-20-73, ef. 1-11-74; DEQ 107, f. & ef. 1-6-76; Renumbered
from 340-020-0033, DEQ 4-1993, f. & cert. ef. 3-10-93; DEQ 12-1993, f. &
cert. ef. 9-24-93, Renumbered from 340-020-0160; DEQ 19-1993, f. & cert. ef.
11-4-93; DEQ 14-1999, f. & cert. ef. 10-14-99, Renumbered from 340-028-1730;
DEQ 6-2001, f. 6-18-01, cert. ef. 7-1-01; DEQ 5-2011, f. 4-29-11, cert. ef. 5-1-11;
DEQ 9-2014, f. & cert. ef. 6-26-14; DEQ 7-2015, f. & cert. ef. 4-16-15
340-216-0082
Termination or Revocation of an
ACDP
(1) Expiration.
(a) A source may not be operated
after the expiration date of a permit, unless any of the following occur prior to
the expiration date of the permit:
(A) A timely and complete
application for renewal has been submitted; or
(B) Another type of permit,
ACDP or Oregon Title V Operating Permit, has been issued authorizing operation of
the source.
(b) If a timely and complete
renewal application has been submitted, the existing permit will remain in effect
until final action has been taken on the renewal application to issue or deny a
permit.
(c) For a source operating
under an ACDP or Oregon Title V Operating Permit, a requirement established in an
earlier ACDP remains in effect notwithstanding expiration of the ACDP, unless the
provision expires by its terms or unless the provision is modified or terminated
according to the procedures used to establish the requirement initially.
(2) Automatic Termination.
A permit is automatically terminated upon:
(a) Issuance of a renewal
or new ACDP for the same activity or operation;
(b) Written request of the
permittee, if DEQ determines that a permit is no longer required;
(c) Failure to submit a timely
application for permit renewal. Termination is effective on the permit expiration
date; or
(d) Failure to pay annual
fees within 90 days of invoice by DEQ, unless prior arrangements for payment have
been approved in writing by DEQ.
(3) Reinstatement of Terminated
Permit: A permit automatically terminated under any of subsections (2)(b) through
(2)(d) may only be reinstated by the permittee by applying for a new permit. The
permittee must also pay the applicable new source permit application fees in this
division, unless the owner or operator submits the renewal application within three
months of the permit expiration date.
(4) Revocation:
(a) If DEQ determines that
a permittee is in noncompliance with the terms of the permit, submitted false information
in the application or other required documentation, or is in violation of any applicable
rule or statute, DEQ may revoke the permit. DEQ will provide notice of the intent
to revoke the permit to the permittee under OAR 340-011-0525. The notice will include
the reasons why the permit will be revoked, and include an opportunity for the permittee
to request a contested case hearing prior to the revocation. A permittee’s
written request for hearing must be received by DEQ within 60 days from service
of the notice on the permittee, and must state the grounds of the request. The hearing
will be conducted as a contested case hearing under ORS 183.413 through 183.470
and OAR 340 division 011. The permit will continue in effect until the 60th day
after service of the notice on the permittee, if the permittee does not timely request
a hearing, or until a final order is issued if the permittee timely requests a hearing.
(b) If DEQ finds there is
a serious danger to the public health, safety or the environment caused by a permittee's
activities, DEQ may immediately revoke or refuse to renew the permit without prior
notice or opportunity for a hearing. If no advance notice is provided, notification
will be provided to the permittee as soon as possible under OAR 340-011-0525. The
notification will set forth the specific reasons for the revocation or refusal to
renew and will provide an opportunity for the permittee to request a contested case
hearing for review of the revocation or refusal to renew. A permittee’s written
request for hearing must be received by DEQ within 90 days of service of the notice
on the permittee and must state the grounds for the request. The hearing will be
conducted as a contested case hearing under ORS 183.413 through 183.470 and OAR
340 division 011. The revocation or refusal to renew becomes final without further
action by DEQ if a request for a hearing is not received within the 90 days. If
a request for a hearing is timely received, the revocation or refusal to renew will
remain in place until issuance of a final order.
Stat. Auth.: ORS 468.020, 468.065, 468A.025,
468A.040, 468A.310 & 468A.315
Stats. Implemented: ORS 183.468
& 468A
Hist.: DEQ 42, f. 4-5-72,
ef. 4-15-72; DEQ 125, f. & ef. 12-16-76; DEQ 21-1990, f. & cert. ef. 7-6-90;
DEQ 4-1993, f. & cert. ef. 3-10-93; DEQ 6-2001, f. 6-18-01, cert. ef. 7-1-01,
Renumbered from 340-014-0015 & 340-014-0045; DEQ 8-2007, f. & cert. ef.
11-8-07; DEQ 7-2015, f. & cert. ef. 4-16-15
340-216-0084
Department Initiated Modification
If DEQ determines it is appropriate
to modify an ACDP, other than a General ACDP, DEQ will notify the permittee by regular,
registered or certified mail of the modification and will include the proposed modification
and the reasons for the modification. The modification will become effective upon
mailing unless the permittee requests a contested case hearing within 20 days. A
request for hearing must be made in writing and must include the grounds for the
request. The hearing will be conducted as a contested case hearing under ORS 183.413
through 183.470 and OAR 340 division 011. If a hearing is requested, the existing
permit will remain in effect until after a final order is issued following the hearing.
Stat. Auth.: ORS 468.020, 468A.025,
468A.040 & 468A.310
Stats. Implemented: ORS 183
& 468A
Hist.: DEQ 42, f. 4-5-72,
ef. 4-15-72; DEQ 4-1993, f. & cert. ef. 3-10-93; DEQ 6-2001, f. 6-18-01, cert.
ef. 7-1-01, Renumbered from 340-014-0040; DEQ 7-2015, f. & cert. ef. 4-16-15
340-216-0090
Sources Subject to ACDPs and Fees
All air contaminant discharge sources
listed in OAR 340-216-8010 must obtain a permit from DEQ and are subject to fees
in OAR 340-216-8020.
NOTE: This rule is included in
the State of Oregon Clean Air Act Implementation Plan as adopted by the EQC under
OAR 340-200-0040
Stat. Auth.: ORS 468.020,
468.065, 468A.040, 468A.310 & 468A.315
Stats. Implemented: ORS 468.065,
468A.040, 468A.310 & 468A.315
Hist.: DEQ 47, f. 8-31-72,
ef. 9-15-72; DEQ 63, f. 12-20-73, ef. 1-11-74; DEQ 107, f. & ef. 1-6-76; Renumbered
from 340-020-0033.12; DEQ 125, f. & ef. 12-16-76; DEQ 20-1979, f. & ef.
6-29-79; DEQ 11-1983, f. & ef. 5-31-83; DEQ 6-1986, f. & ef. 3-26-86; DEQ
12-1987, f. & ef. 6-15-87; DEQ 17-1990, f. & cert. ef. 5-25-90; DEQ 27-1991,
f. & cert. ef. 11-29-91; DEQ 4-1993, f. & cert. ef. 3-10-93; DEQ 12-1993,
f. & cert. ef. 9-24-93, Renumbered from 340-020-0165; DEQ 19-1993, f. &
cert. ef. 11-4-93; DEQ 20-1993(Temp), f. & cert. ef. 11-4-93; DEQ 13-1994, f.
& cert. ef. 5-19-94; DEQ 21-1994, f. & cert. ef. 10-14-94; DEQ 22-1994.
f. & cert. ef. 10-14-94; DEQ 22-1995, f. & cert. ef. 10-6-95; DEQ 18-1997,
f. 8-27-97, cert. ef. 10-1-97; DEQ 7-1998, f. & cert. ef. 5-5-98; DEQ 12-1998,
f. & cert. ef. 6-30-98; DEQ 14-1998, f. & cert. ef. 9-14-98; DEQ 10-1999,
f. & cert. ef. 7-1-99; DEQ 14-1999, f. & cert. ef. 10-14-99, Renumbered
from 340-028-1750; DEQ 8-2000, f. & cert. ef. 6-6-00; DEQ 6-2001, f. 6-18-01,
cert. ef. 7-1-01; DEQ 5-2011, f. 4-29-11, cert. ef. 5-1-11; DEQ 9-2014, f. &
cert. ef. 6-26-14; DEQ 7-2015, f. & cert. ef. 4-16-15
340-216-0094
Temporary Closure
(1) A permittees that temporarily suspends
activities for which an ACDP is required may apply for a fee reduction due to temporary
closure. However, the anticipated period of closure must exceed six months and must
not be due to regular maintenance or seasonal limitations.
(2) DEQ will prorate annual
fees for temporary closure based on the length of the closure in a calendar year,
but will not be less than one half of the regular annual fee for the source.
(3) A source who has received
Department approval for payment of the temporary closure fee must obtain authorization
from DEQ prior to resuming permitted activities. An owner or operator of the source
must submit written notification, together with the prorated annual fee for the
remaining months of the year, to DEQ at least thirty (30) days before startup and
specify in the notification the earliest anticipated startup date.
NOTE: This rule is included in the
State of Oregon Clean Air Act Implementation Plan that EQC adopted under OAR 340-200-0040.
Stat. Auth.: ORS 468.020, 468.065, 468A.040,
468A.310 & 468A.315
Stats. Implemented: ORS 468
& 468A
Hist.: DEQ 6-2001, f. 6-18-01,
cert. ef. 7-1-01; DEQ 7-2015, f. & cert. ef. 4-16-15
340-216-8010
Table 1 — Activities and Sources
NOTE: This rule is included in the
State of Oregon Clean Air Act Implementation Plan that EQC adopted under OAR 340-200-0040.
NOTE: See history of these
tables under OAR 340-216-0020.
[ED. NOTE:
Tables referenced are not included in rule text. Click here for PDF copy of table(s).]
Stat. Auth.: ORS 468.020,
468A.025, 468A.040, 468A.310
Stats. Implemented: ORS 468A
Hist.: DEQ 9-2014, f. &
cert. ef. 6-26-14; DEQ 12-2014(Temp), f. & cert. ef. 11-12-14 thru 5-10-15;
DEQ 7-2015, f. & cert. ef. 4-16-15
340-216-8020
Table 2 — Air Contaminant
Discharge Permits
Sources referred to in Table 1 of OAR
340-216-8010 are subject to air contaminant discharge permit fees in Table 2.
NOTE: This rule is included in the
State of Oregon Clean Air Act Implementation Plan that EQC adopted under OAR 340-200-0040.
NOTE: See history of this
table under OAR 340-216-0020.
[ED. NOTE:
Tables referenced are not included in rule text. Click here for PDF copy of table(s).]
Stat. Auth.: ORS 468.020,
468A.025, 468A.040, 468A.310
Stats. Implemented: ORS 468A
Hist.: DEQ 9-2014, f. &
cert. ef. 6-26-14; DEQ 7-2015, f. & cert. ef. 4-16-15

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