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Stationary Source Notification Requirements


Published: 2015

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DEPARTMENT OF ENVIRONMENTAL QUALITY

 
DIVISION 210
STATIONARY SOURCE NOTIFICATION REQUIREMENTS

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.
340-210-0010
Applicability and Jurisdiction
(1) This division applies to air contaminant
sources, to stationary sources, and to modifications of existing portable sources
that are required to have permits under OAR 340 division 216.
(2) 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 that EQC adopted under OAR 340-200-0040.
Stat. Auth.: ORS 468.020, 468.065, 468A.025,
468A.040, 468A.050, 468A.070 & 468A.310
Stats. Implemented: ORS 468.065,
468A.025, 468A.035 468A.040, 468A.050, 468A.070 & 468A.310
Hist.: DEQ 12-1993, f. &
cert. ef. 9-24-93; DEQ 19-1993, f. & cert. ef. 11-4-93; DEQ 14-1999, f. &
cert. ef. 10-14-99, Renumbered from 340-028-0200; DEQ 7-2015, f. & cert. ef.
4-16-15
340-210-0020
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.
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
Stats. Implemented: ORS 468.065
& 468A
Hist.: DEQ 14-1999, f. &
cert. ef. 10-14-99; DEQ 7-2015, f. & cert. ef. 4-16-15
Registration
340-210-0100
Registration in General
(1) Any air contaminant source not subject
to Air Contaminant Discharge Permits, OAR 340 division 216, or Oregon Title V Operating
Permits, OAR 340 division 218, must register with DEQ upon request pursuant to OAR
340-210-0110 through 340-210-0120.
(2) The owner or operator
of an air contaminant source listed in subsection (2)(a) that is certified through
a DEQ approved environmental certification program and subject to an Area Source
NESHAP may register the source with DEQ pursuant to OAR 340-210-0110 through 340-210-0120
in lieu of obtaining a permit according to with OAR 340-216-0020, unless DEQ determines
that the source has not complied with the requirements of the environmental certification
program.
(a) The following sources
may be registered under this section:
(A) Motor vehicle surface
coating operations.
(B) Dry cleaners using perchloroethylene.
(b) Approved environmental
certification program. To be approved, the environmental certification program must,
at a minimum, require certified sources to comply with all applicable state and
federal rules and regulations and require additional measures to increase environmental
protection.
(c) Fees. In order to obtain
and maintain registration, owners and operators of sources registered pursuant to
this section must pay the following annual fees by March 1 of each year:
(A) Motor vehicle surface
coating operations — $288.00.
(B) Dry cleaners using perchloroethylene
— $216.00.
(C) Late fees.
(i) 8–30 days late:
5% of annual fee.
(ii) 31–60 days late:
10% of annual fee.
(iii) 61 or more days late:
20% of annual fee.
(D) Failure to pay fees.
Registration is automatically terminated upon failure to pay annual fees within
90 days of invoice by DEQ, unless prior arrangements for payment have been approved
in writing by DEQ.
(d) Recordkeeping. In order
to maintain registration, owners and operators of sources registered pursuant to
this section must maintain records required by the approved environmental performance
program under subsection (2)(b). The records must be kept on site and in a form
suitable and readily available for expeditious inspection and review.
(3) The owner or operator
of an air contaminant source that is subject to a federal NSPS or NESHAP in 40 CFR
part 60 or 40 CFR part 3 and that is not located at a source that is required to
obtain a permit under OAR 340 division 216 (Air Contaminant Discharge Permits) or
OAR 340 division 218 (Oregon Title V Operating Permits), must register and maintain
registration with DEQ pursuant to OAR 340-210-0110 through 340-210-0120 if requested
in writing by DEQ (or by EPA at DEQ’s request).
(4) Revocation. DEQ may revoke
a registration if a source fails to meet any requirement in OAR 340-210-0110.
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, 468A.025,
468A.035, 468A.050, 468A.070 & 468A.310
Stats. Implemented: ORS 468A.025,
468A.035, 468A.050, 468A.070 & 468A.310
Hist.: DEQ 15, f. 6-12-70,
ef. 9-1-70; DEQ 4-1993, f. & cert. ef. 3-10-93; DEQ 12-1993, f. & cert.
ef. 9-24-93, Renumbered from 340-020-0005; DEQ 14-1999, f. & cert. ef. 10-14-99,
Renumbered from 340-028-0500; DEQ 6-2001, f. 6-18-01, cert. ef. 7-1-01; DEQ 8-2009,
f. & cert. ef. 12-16-09; DEQ 7-2011(Temp), f. & cert. ef. 6-24-11 thru 12-19-11;
Administrative correction, 2-6-12; DEQ 1-2012, f. & cert. ef. 5-17-12; 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
340-210-0110
Registration Requirements
(1) Registration pursuant to OAR 340-210-0100(1)
or (3) must be completed within 30 days following the mailing date of the request
by DEQ.
(2) Registration must be
completed by the owner, lessee of the source, or agent on forms made available by
DEQ. If a form is not available from DEQ, the registrant may provide the information
using a format approved by DEQ.
(3) In order to obtain registration
pursuant to OAR 340-210-0100(1), the following information must be reported by registrants:
(a) Name, address, and nature
of business;
(b) Name of local person
responsible for compliance with these rules;
(c) Name of person authorized
to receive requests for data and information;
(d) A description of the
production processes and a related flow chart;
(e) A plot plan showing the
location and height of all air contaminant sources. The plot plan must also indicate
the nearest residential or commercial property;
(f) Type and quantity of
fuels used;
(g) Amount, nature, and duration
of air contaminant emissions;
(h) Estimated efficiency
of air pollution control devices under present or anticipated operating conditions;
(i) Any other information
requested by DEQ.
(4) In order to obtain registration
pursuant to OAR 340-210-0100(2), the following information must be submitted by
a registrant:
(a) Name, address, and nature
of business;
(b) Name of local person
responsible for compliance with these rules;
(c) Name of person authorized
to receive requests for data and information;
(d) Information demonstrating
that the air contaminant source is operating in compliance with all applicable state
and federal rules and regulations, as requested by DEQ;
(e) Information demonstrating
that the source is certified through an approved environmental certification program;
(f) A signed statement that
the submitted information is true, accurate, and complete. This signed statement
must state that, based on information and belief formed after reasonable inquiry,
the statements and information in the document are true, accurate, and complete;
(g) Any other information
requested by DEQ.
(5) In order to obtain registration
pursuant to OAR 340-210-0100(3), the following information must be submitted by
a registrant:
(a) Name, address and nature
of business or institution;
(b) Name of local person
responsible for compliance with these rules;
(c) Name of person authorized
to receive requests for data and information;
(d) A description of the
air contaminant source subject to regulation;
(e) Identification of the
applicable regulation;
(f) Confirmation that approval
to construct and operate the air contaminant source was obtained in accordance with
OAR 340-210-0205 through 340-0210-0250;
(g) Confirmation that the
air contaminant source is operating in compliance with all applicable state rules
and regulations, including but not limited to OAR 340-208-0110 (visible air contaminant
limitations) and 340-226-0210 or 340-228-0210 (grain loading standards);
(h) Confirmation that the
air contaminant source is operating in compliance with all applicable federal rules
and regulations, including but not limited to 40 CFR part 60 and part 63 standards
and work practice requirements, such as routine tune-up for boilers; and
(i) Any other information
requested by DEQ.
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.050, 468A.070 & 468A.310
Stats. Implemented: ORS 468A.025,
468A.035, 468A.050, 468A.070 & 468A.310
Hist.: DEQ 15, f. 6-12-70,
ef. 9-1-70; DEQ 4-1993, f. & cert. ef. 3-10-93; DEQ 12-1993, f. & cert.
ef. 9-24-93, Renumbered from 340-020-0010; DEQ 14-1999, f. & cert. ef. 10-14-99,
Renumbered from 340-028-0510; DEQ 6-2001, f. 6-18-01, cert. ef. 7-1-01; DEQ 8-2009,
f. & cert. ef. 12-16-09; DEQ 7-2011(Temp), f. & cert. ef. 6-24-11 thru 12-19-11;
Administrative correction, 2-6-12; DEQ 1-2012, f. & cert. ef. 5-17-12; DEQ 7-2015,
f. & cert. ef. 4-16-15
340-210-0120
Re-Registration and Maintaining
Registration
(1) In order to re-register or maintain
registration pursuant to OAR 340-210-0100, a person responsible for an air contaminant
source must reaffirm in writing, by March 1 of each year, the correctness and current
status of the information furnished to DEQ.
(2) In order to re-register
or maintain registration pursuant to OAR 340-210-0100(3):
(a) The registrant must report
any change in any of the factual information reported under OAR 340-210-0110 to
DEQ on a form made available by DEQ; and
(b) The registrant must confirm
the compliance status of the air contaminant source, including but not limited to
compliance with any work practice requirements such as routine tune-ups. Confirmation
must be made in writing on a form furnished by DEQ.
(3) In order to re-register,
or maintain registration, a person must not have had their registration terminated
or revoked within the last 3 years, unless the air contaminant source has changed
ownership since termination or revocation, in which case the person must not have
had their registration terminated or revoked since the change in ownership.
(4) If a registered air contaminant
source is sold or transferred, the sale or transfer must be reported to DEQ by either
the former owner or the new owner within 30 days of the date of sale or transfer.
The new owner of the registered air contaminant source must register the air contaminant
source within 30 days of the date of sale or transfer in accordance with OAR 340-210-0110(2)
and (5).
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.050, 468A.070 & 468A.310
Stats. Implemented: ORS 468A.025,
468A.035, 468A.050, 468A.070 & 468A.310
Hist.: DEQ 15, f. 6-12-70,
ef. 9-1-70; DEQ 4-1993, f. & cert. ef. 3-10-93; DEQ 12-1993, f. & cert.
ef. 9-24-93, Renumbered from 340-020-0015; DEQ 14-1999, f. & cert. ef. 10-14-99,
Renumbered from 340-028-0520; DEQ 6-2001, f. 6-18-01, cert. ef. 7-1-01; DEQ 8-2009,
f. & cert. ef. 12-16-09; DEQ 7-2011(Temp), f. & cert. ef. 6-24-11 thru 12-19-11;
Administrative correction, 2-6-12; DEQ 1-2012, f. & cert. ef. 5-17-12; DEQ 7-2015,
f. & cert. ef. 4-16-15
Notice of Construction and Approval
of Plans
340-210-0205
Applicability
(1) Except as provided in section (2),
OAR 340-210-0200 through 340-210-0250 apply to the following:
(a) All new sources not otherwise
required to obtain a permit under OAR 340, division 216 or 218. Sources that are
required to submit a permit application under OAR 340, division 216 or 218 are not
required to submit a Notice of Construction application under this rule;
(b) Modifications at existing
sources, including sources that have permits under OAR 340 division 216 or 218;
and
(c) All sources that use
air pollution control devices to comply with emissions limits, or to avoid the requirement
to obtain an Oregon Title V Operating Permit (OAR 340 division 218) or Major NSR
or Type A State NSR (OAR 340 division 224) requirements, or MACT standards (OAR
340 division 244).
(2) OAR 340-210-0205 through
340-210-0250 do not apply to the following sources:
(a) Agricultural operations
or equipment that is exempted by OAR 340-200-0030;
(b) Heating equipment in
or used in connection with residences used exclusively as dwellings for not more
than four families;
(c) Other activities associated
with residences used exclusively as dwellings for not more than four families, including,
but not limited to barbecues, house painting, maintenance, and groundskeeping;
(d) Portable sources, except
modifications of portable sources that have permits under OAR 340 division 216 or
218; and
(e) Categorically insignificant
activities as defined in OAR 340-200-0020 unless they are subject to NESHAP or NSPS
requirements. This exemption applies to all categorically insignificant activities
whether or not they are located at major or non-major sources.
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.055
Stats. Implemented: ORS 468A.025,
468A.035 & 468A.055
Hist.: DEQ 15, f. 6-12-70,
ef. 9-1-70; DEQ 37, f. 2-15-72, ef. 3-1-72; DEQ 4-1993, f. & cert. ef. 3-10-93;
DEQ 12-1993, f. & cert. ef. 9-24-93, Renumbered from 340-020-0025; DEQ 19-1993,
f. & cert. ef. 11-4-93; DEQ 22-1995, f. & cert. ef. 10-6-95; DEQ 14-1999,
f. & cert. ef. 10-14-99, Renumbered from 340-028-0810; DEQ 6-2001, f. 6-18-01,
cert. ef. 7-1-01, Renumbered from 340-210-0210; DEQ 12-2008, f. & cert. ef.
9-17-08; DEQ 7-2015, f. & cert. ef. 4-16-15
340-210-0215
Requirement
(1) New Sources. No person is allowed
to construct, install, or establish a new source that will cause an increase in
any regulated pollutant emissions without first notifying DEQ in writing.
(2) Modifications to existing
sources. No person is allowed to make a physical change or change in operation of
an existing source that will cause an increase, on an hourly basis at full production,
in any regulated pollutant emissions without first notifying DEQ in writing.
(3) Air Pollution Control
Devices. No person is allowed to construct or modify any air pollution control device
without first notifying DEQ in writing.
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.055
Stats. Implemented: ORS 468A.025,
468A.035 & 468A.055
Hist.: DEQ 15, f. 6-12-70,
ef. 9-1-70; DEQ 4-1993, f. & cert. ef. 3-10-93; DEQ 12-1993, f. & cert.
ef. 9-24-93, Renumbered from 340-020-0020; DEQ 19-1993, f. & cert. ef. 11-4-93;
DEQ 14-1999, f. & cert. ef. 10-14-99, Renumbered from 340-028-0800; DEQ 6-2001,
f. 6-18-01, cert. ef. 7-1-01, Renumbered from 340-210-0200; DEQ 7-2015, f. &
cert. ef. 4-16-15
340-210-0225
Types of Construction/Modification
Changes
For the purpose of OAR 340-210-0200
through 340-210-0250, changes that involve new construction or modifications of
sources or air pollution control devices are divided into the following Types:
(1) Type 1 changes include
construction or modification of sources or air pollution control devices where such
a change meets the criteria in subsections (a) through (f):
(a) Would not increase emissions
from the source above the PSEL by more than the de minimis emission level defined
in OAR 340-200-0020 for sources required to have a permit;
(b) Would not increase emissions
from the source above the netting basis by more than or equal to the SER;
(c) Would not increase emissions
from any new, modified, or replaced device, activity or process, or any combination
of devices, activities or processes at the source by more than the de minimis levels
defined in OAR 340-200-0020;
(d) Would not be used to
establish a federally enforceable limit on the potential to emit; and
(e) Would not require a TACT
determination under OAR 340-226-0130 or a MACT determination under OAR 340-244-0200;
and
(f) Is not required to obtain
a permit under OAR 340 division 216.
(2) Type 2 changes include
construction or modification of sources or air pollution control devices where such
a change meets the criteria in subsections (a) through (f):
(a) Would not increase emissions
from the source above the PSEL by more than the de minimis level defined in OAR
340-200-0020 for sources required to have a permit;
(b) Would not increase emissions
from the source above the netting basis by more than or equal to the SER;
(c) Would not increase emissions
from any new, modified, or replaced device, activity or process, or any combination
of devices, activities or processes at the source by more than or equal to the SER;
(d) Would not be used to
establish a federally enforceable limit on the potential to emit;
(e) Would not require a TACT
determination under OAR 340-226-0130 or a MACT determination under OAR 340-244-0200;
and
(f) Is not required to obtain
a permit under OAR 340 division 216.
(3) Type 3 changes include
construction or modification of sources or air pollution control devices where such
a change does not qualify as a Type 4 change under section (4) and:
(a) Would increase emissions
from the source above the PSEL by more than the de minimis emission level defined
in OAR 340-200-0020 before applying unassigned emissions or emissions reduction
credits available to the source but less than the SER after applying unassigned
emissions or emissions reduction credits available to the source for sources required
to have a permit;
(b) Would increase emissions
from any new, modified, or replaced device, activity or process, or any combination
of devices, activities or processes at the source by more than the SER but are not
subject to OAR 340-222-0041(4);
(c) Would be used to establish
a federally enforceable limit on the potential to emit; or
(d) Would require a TACT
determination under OAR 340-226-0130 or a MACT determination under 340-244-0200.
(4) Type 4 changes include
construction or modification of sources or air pollution control devices where such
a change or changes would increase emissions from the source above the PSEL, after
applying unassigned emissions or emissions reduction credits available to the source,
or netting basis of the source by more than the SER.
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.050, ORS 468A.055, 468A.070 & 468A.310
Stats. Implemented: ORS 468A.025,
468A.035, 468A.040, 468A.050, 468A.055, 468A.070 & 468A.310
Hist.: DEQ 15, f. 6-12-70,
ef. 9-1-70; DEQ 5-1989, f. 4-24-89, cert. ef. 5-1-89; DEQ 4-1993, f. & cert.
ef. 3-10-93; DEQ 12-1993, f. & cert. ef. 9-24-93, Renumbered from 340-020-0030;
DEQ 19-1993, f. & cert. ef. 11-4-93; DEQ 14-1999, f. & cert. ef. 10-14-99,
Renumbered from 340-028-0820; DEQ 6-2001, f. 6-18-01, cert. ef. 7-1-01, Renumbered
from 340-210-0220; DEQ 7-2015, f. & cert. ef. 4-16-15
340-210-0230
Notice to Construct
(1) Any person proposing a Type 1 or
2 change must provide notice to DEQ before constructing or modifying a stationary
source or air pollution control device. The notice must be in writing on a form
supplied by DEQ and include the following information as applicable:
(a) Name, address, and nature
of business;
(b) Name of local person
responsible for compliance with these rules;
(c) Name of person authorized
to receive requests for data and information;
(d) The type of construction
or modification as defined in OAR 340-210-0220;
(e) A description of the
constructed or modified source;
(f) A description of the
production processes and a related flow chart for the constructed or modified source;
(g) A plot plan showing the
location and height of the constructed or modified source. The plot plan must also
indicate the nearest residential or commercial property;
(h) Type and quantity of
fuels used;
(i) The change in the amount,
nature and duration of regulated pollutant emissions;
(j) Plans and specifications
for air pollution control devices and facilities and their relationship to the production
process, including estimated efficiency of air pollution control devices under present
or anticipated operating conditions;
(k) Any information on pollution
prevention measures and cross-media impacts the owner or operator wants DEQ to consider
in determining applicable control requirements and evaluating compliance methods;
(l) A list of any requirements
applicable to the new construction or modification;
(m) 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
under OAR 340-226-0120(1) and (2); and
(n) Amount and method of
refuse disposal; and
(o) Land Use Compatibility
Statement signed by a local (city or county) planner either approving or disapproving
construction or modification to the source if required by the local planning agency.
(2) Any person proposing
a Type 3 or 4 change must submit an application for either a construction ACDP,
new permit, or permit modification, whichever is appropriate.
(3) The owner of operator
must notify DEQ of any corrections and revisions to the plans and specifications
upon becoming aware of the changes.
(4) Where a permit issued
in accordance with OAR 340 divisions 216 or 218 includes construction approval for
future changes for operational flexibility, the notice requirements in this rule
are waived for the approved changes.
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.050, 468A.055, 468A.070 & 468A.310
Stats. Implemented: ORS 468A.025,
468A.035, 468A.040, 468A.050, 468A.055, 468A.070 & 468A.310
Hist.: DEQ 6-2001, f. 6-18-01,
cert. ef. 7-1-01; DEQ 7-2015, f. & cert. ef. 4-16-15
340-210-0240
Construction Approval
(1) Approval to Construct:
(a) For Type 1 changes, the
owner or operator may proceed with the construction or modification 10 calendar
days after DEQ receives the notice required in OAR 340-210-0230 or on the date that
DEQ approves the proposed construction in writing, whichever is sooner, unless DEQ
notifies the owner or operator in writing that the proposed construction or modification
is not a Type 1 change.
(b) For Type 2 changes, the
owner or operator may proceed with the construction or modification 60 calendar
days after DEQ receives the notice required in OAR 340-210-0230 or on the date that
DEQ approves the proposed construction in writing, whichever is sooner, unless DEQ
notifies the owner or operator in writing that the proposed construction or modification
is not a Type 2 change.
(c) For Type 3 changes, the
owner or operator must obtain either a Construction ACDP or a new or modified Standard
ACDP in accordance with OAR 340 division 216 before proceeding with the construction
or modification.
(d) For Type 4 changes, the
owner or operator must obtain a new or modified Standard ACDP before proceeding
with the construction or modification. Type 4 changes may also be subject to OAR
340 division 224, New Source Review requirements.
(2) Approval to construct
does not relieve the owner of the obligation of complying with applicable requirements.
(3) Notice of Completion.
Unless otherwise specified in the construction ACDP or approval, the owner or operator
must notify DEQ in writing that the construction or modification has been completed
using a form furnished by DEQ. Unless otherwise specified, the notice is due 30
days after completing the construction or modification. The notice of completion
must include the following:
(a) The date of completion
of construction or modification; and
(b) The date the stationary
source, device, activity, process, or air pollution control device was or will be
put in operation.
(4) Order Prohibiting Construction
or Modification. If at any time, DEQ determines that the proposed construction is
not in accordance with applicable statutes, rules, regulations, and orders, DEQ
will issue an order prohibiting the construction or modification. The order prohibiting
construction or modification will be forwarded to the owner or operator by certified
mail.
(5) Hearing. A person against
whom an order prohibiting construction or modification is directed may request a
contested case hearing within 20 days from the date of mailing the order. The request
must be in writing, state the grounds for hearing, and be mailed to the Director
of DEQ. The hearing will be conducted pursuant to the applicable provisions in division
11 of this chapter.
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.050, 468A.055, 468A.070 & 468A.310
Stats. Implemented: ORS 468A.
025, 468A.035, 468A.040, 468A.050, 468A.055, 468A.070 & 468A.310
Hist.: DEQ 6-2001, f. 6-18-01,
cert. ef. 7-1-01; DEQ 7-2015, f. & cert. ef. 4-16-15
340-210-0250
Approval to Operate
(1) The approval to construct does not
provide approval to operate the constructed or modified stationary source or air
pollution control device unless otherwise allowed by section (2) or (3) or under
the applicable ACDP or Oregon Title V Operating Permit programs (OAR 340 divisions
216 and 218).
(2) Type 1 and 2 changes:
(a) For sources that are
not required to obtain a permit in accordance with OAR 340-216-0020, Type 1 and
2 changes may be operated without further approval subject to the conditions of
DEQ’s approval to construct provided in accordance with OAR 340-210-0240.
(A) Approval to operate does
not relieve the owner of the obligation of complying with applicable requirements
that may include but are not limited to the general opacity standards in OAR 340-208-0110
and general particulate matter standards in OAR 340-226-0210 and OAR 340-228-0210.
(B) If required by DEQ as
a condition of the approval to construct or at any other time in accordance with
OAR 340-212-0120, the owner or operator must conduct testing or monitoring to verify
compliance with applicable requirements. All required testing must be performed
in accordance with OAR 340-212-0140.
(C) The owner or operator
must register the air contaminant source with DEQ if required as a condition of
the approval to construct or at any other time in accordance with OAR 340-210-0100.
(b) For new sources that
are required to obtain an ACDP in accordance with OAR 340-216-0020, the ACDP, which
allows operation, is required before operating the newly constructed equipment.
(c) For sources currently
operating under an ACDP, Type 1 and 2 changes may be operated without further approval
unless the ACDP specifically prohibits the operation.
(d) For sources currently
operating under an Oregon Title V Operating Permit, Type 1 and 2 changes may only
be operated in accordance with OAR 340-218-0190(2).
(3) Type 3 and 4 changes:
(a) For new sources, Type
3 or 4 changes require a standard ACDP before operation of the changes.
(b) For sources currently
operating under an ACDP, approval to operate Type 3 or 4 changes will require a
new or modified standard ACDP. All ACDP terms and conditions remain in effect until
the ACDP is modified.
(c) For sources currently
operating under an Oregon Title V Operating Permit, approval to operate Type 3 or
4 changes must be in accordance with OAR 340-218-0190(2).
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.050, 468A.055, 468A.070 & 468A.310
Stats. Implemented: ORS 468A.
025, 468A.035, 468A.040, 468A.050, 468A.055, 468A.070 & 468A.310
Hist.: DEQ 6-2001, f. 6-18-01,
cert. ef. 7-1-01; DEQ 1-2012, f. & cert. ef. 5-17-12; DEQ 7-2015, f. & cert.
ef. 4-16-15

The official copy of an Oregon Administrative Rule is
contained in the Administrative Order filed at the Archives Division,
800 Summer St. NE, Salem, Oregon 97310. Any discrepancies with the
published version are satisfied in favor of the Administrative Order.
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