reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 216 - AIR CONTAMINANT DISCHARGE PERMITS › Section 340-216-0054 - Short Term Activity ACDPs

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 216 - AIR CONTAMINANT DISCHARGE PERMITS › Section 340-216-0056 - Basic ACDPs

Current through Register Vol. 63, No. 7, July 1, 2024
(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) DEQ may
			 determine that a source is ineligible for a Basic ACDP based upon the
			 considerations in OAR 340-216-0025(7).
(3) Fees. Applicants for a new Basic ACDP
			 must pay the fees in OAR 340-216-8020.
(4) 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 may contain
			 any physical or operational limitation, including any combination of the use of
			 control devices, restrictions on hours of operation, or restrictions on the
			 type or amount of materials combusted, stored, or processed, as permit
			 conditions to limit short term emissions for all devices and activities that
			 require controls or limitations to ensure the source's emission will not cause
			 or contribute to a new exceedance of a National Ambient Air Quality Standard
			 adopted under OAR chapter 340, division 202;
(d) A Basic ACDP will require that a
			 simplified annual report be submitted to DEQ; and
(e) A Basic ACDP may be issued for a period
			 not to exceed ten years.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 216 - AIR CONTAMINANT DISCHARGE PERMITS › Section 340-216-0060 - General Air Contaminant Discharge Permits

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
(E) DEQ may determine that a source is
			 ineligible for a General ACDP based upon the considerations in OAR
			 340-216-0025(7).
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 216 - AIR CONTAMINANT DISCHARGE PERMITS › Section 340-216-0062 - General ACDP Attachments

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 216 - AIR CONTAMINANT DISCHARGE PERMITS › Section 340-216-0064 - Simple ACDP

Current through Register Vol. 63, No. 7, July 1, 2024
(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
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 216 - AIR CONTAMINANT DISCHARGE PERMITS › Section 340-216-0066 - Standard ACDPs

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 216 - AIR CONTAMINANT DISCHARGE PERMITS › Section 340-216-0068 - Simple and Standard ACDP Attachments

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 216 - AIR CONTAMINANT DISCHARGE PERMITS › Section 340-216-0069 - Toxic Air Contaminant Permit Addendums

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Purpose and Intent. DEQ may implement
			 requirements pertaining to toxic air contaminants under OAR chapter 340,
			 division 245 as follows:
(a) For new sources
			 required to obtain a Standard or Simple ACDP, by including conditions in the
			 source's ACDP to ensure compliance with the Cleaner Air Oregon rules, OAR
			 chapter 340, division 245;
(b) For
			 new sources required to obtain a Basic or General ACDP, by including conditions
			 in an addendum to the source's ACDP to ensure compliance with the Cleaner Air
			 Oregon rules, OAR chapter 340, division 245; and
(c) For existing sources, by requiring the
			 owner or operator of the sources to obtain a Toxic Air Contaminant Permit
			 Addendum under OAR chapter 340, division 245 that amends the source's
			 ACDP.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 216 - AIR CONTAMINANT DISCHARGE PERMITS › Section 340-216-0070 - Permitting Multiple Sources at a Single Adjacent or Contiguous Site

Current through Register Vol. 63, No. 7, July 1, 2024
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.]
[NOTE: All tables are found in OAR 340-216-8010, -8020,
				-8030.]
Tables referenced are available from the
				  agency.
Statutory/Other Authority: ORS
				  468.020,
				  468A.025,
				  468A.040 &
				  468A.310
Statutes/Other Implemented: ORS 468 & 468A
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 216 - AIR CONTAMINANT DISCHARGE PERMITS › Section 340-216-0082 - Termination or Revocation of an ACDP

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 216 - AIR CONTAMINANT DISCHARGE PERMITS › Section 340-216-0084 - Department Initiated Modification

Current through Register Vol. 63, No. 7, July 1, 2024
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.
NOTE: This rule is included in the State of Oregon Clean Air
				Act Implementation Plan that EQC adopted under OAR 340-200-0040.
Statutory/Other Authority: ORS
				  468.020,
				  468A.025,
				  468A.040 & 468A.310
Statutes/Other Implemented: ORS 183 &
				  468A
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 216 - AIR CONTAMINANT DISCHARGE PERMITS › Section 340-216-0090 - Sources Subject to ACDPs and Fees

Current through Register Vol. 63, No. 7, July 1, 2024
(1) 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.
(2) An
			 owner or operator of a source that is required to demonstrate compliance with
			 Cleaner Air Oregon rules under OAR 340-245-0005  through 340-245-8010  must pay
			 the fees specified in OAR 340-216-8030.
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 with the exception of all references to toxic air contaminants and OAR chapter
				340, division 245.
Tables referenced are available from the
				  agency.
Statutory/Other Authority: ORS
				  468.020,
				  468.065,
				  468A.040,
				  468A.310  & 468A.315
Statutes/Other Implemented: ORS
				  468.065,
				  468A.040,
				  468A.310  & 468A.315
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 216 - AIR CONTAMINANT DISCHARGE PERMITS › Section 340-216-0094 - Temporary Closure

Current through Register Vol. 63, No. 7, July 1, 2024
(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
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 216 - AIR CONTAMINANT DISCHARGE PERMITS › Section 340-216-8010 - Table 1 - Activities and Sources

Current through Register Vol. 63, No. 7, July 1, 2024
[NOTE: This rule is included in the State of Oregon Clean Air
				Act Implementation Plan that EQC adopted under OAR 340-200-0040.]
[NOTE: For the history of these tables prior to 2014 see the
				history under OAR 340-216-0020]
To view attachments referenced in rule text,
click here to view
				  rule
.
Statutory/Other Authority: ORS
				  468.020,
				  468A.025,
				  468A.040 & 468A.310
Statutes/Other Implemented: ORS
				  468A
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 216 - AIR CONTAMINANT DISCHARGE PERMITS › Section 340-216-8020 - Table 2 - Air Contaminant Discharge Permits

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Sources referred to in Table 1 of OAR
			 340-216-8010  are subject to air contaminant discharge permit fees in Table 2.
			 Title V sources may be subject to the Cleaner Air Oregon annual fees and the
			 specific activity permit fees in Table 2, if applicable.
(2) Requests for waiver of fees must be made
			 in writing to the Director, on a case-by-case basis, and be based upon
			 financial hardship. Applicants for waivers must describe the reason for the
			 request and certify financial hardship. The Director may waive part or all of a
			 fee.
[NOTE: For the history of these tables prior to 2014 see the
				history under OAR 340-216-0020.]
To view attachments referenced in rule text,
click here to view
				  rule
.
Statutory/Other Authority: ORS
				  468.020,
				  468A.025,
				  468A.040 & 468A.310
Statutes/Other Implemented: ORS
				  468A
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 216 - AIR CONTAMINANT DISCHARGE PERMITS › Section 340-216-8030 - Table 3 - Cleaner Air Oregon Specific Activity Fees

Current through Register Vol. 63, No. 7, July 1, 2024
Sources subject to OAR chapter 340, division 245, Cleaner Air
				Oregon, are required to pay the specific activity fees in Table 3.
To view tables referenced in rule text,
click here to view
				  rule
.
Statutory/Other Authority: ORS
				  468.020,
				  468.065,
				  468A.040,
				  468A.050  & 468A.315
Statutes/Other Implemented: ORS
				  468.020,
				  468.065,
				  468A.040,
				  468A.050  & 468A.315
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 218 - OREGON TITLE V OPERATING PERMITS › Section 340-218-0010 - Policy and Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
These rules establish a program to implement Title V of the
				FCAA for the State of Oregon as part of the overall industrial source control
				program:
(1) All sources subject to
			 this division must have an Oregon Title V Operating Permit that assures
			 compliance by the source with all applicable requirements in effect as of the
			 date of permit issuance.
(2) The
			 requirements of the Oregon Title V Operating Permit program, including
			 provisions regarding schedules for submission and approval or disapproval of
			 permit applications, must apply to the permitting of affected sources under the
			 national acid rain program, except as provided herein.
(3) All sources subject to this division are
			 exempt from the following:
(a) Registration
			 as required by ORS
			 468A.050 and OAR 340-210-0100  through 340-210-0120; and
(b) Air Contaminant Discharge Permits and
			 attachments, OAR 340 division 216, unless required by 340-216-0020(2) or (4),
			 or 340-224-0010(1).
(A) Oregon Title V
			 Operating Permits do not replace requirements in an Air Contaminant Discharge
			 Permit issued to the source even if the ACDP has expired. For a source
			 operating under a Title V Permit, requirements established in an earlier ACDP
			 remain in effect notwithstanding expiration of the ACDP or the Title V permit,
			 unless a provision expires by its terms or unless a provision is modified or
			 terminated following the procedures used to establish the requirement
			 initially.
(B) Source specific
			 requirements, including, but not limited to TACT, RACT, BACT, and LAER
			 requirements, established in an ACDP must be incorporated into the Oregon Title
			 V Operating Permit and any revisions to those requirements must follow the
			 procedures used to establish the requirements initially.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 218 - OREGON TITLE V OPERATING PERMITS › Section 340-218-0020 - Applicability

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Except as
			 provided in section (4), this division applies to the following sources:
(a) Any major source;
(b) Any source, including an area source,
			 subject to a standard, limitation, or other requirement under section 111 of
			 the FCAA;
(c) Any source, including
			 an area source, subject to a standard or other requirement under section 112 of
			 the FCAA, except that a source is not required to obtain a permit solely
			 because it is subject to regulations or requirements under section 112(r) of
			 the FCAA;
(d) Any affected source
			 under Title IV; and
(e) Any source
			 in a source category designated by the EQC under this rule.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 218 - OREGON TITLE V OPERATING PERMITS › Section 340-218-0030 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
The definitions in OAR 340-200-0020, 340-204-0010,
				340-245-0020, and this rule apply to this division. If the same term is defined
				in this rule and 340-200-0020, 340-204-0010  or 340-245-0020, the definition in
				this rule applies to this division.
Statutory/Other Authority: ORS
				  468.020,
				  468A.025,
				  468A.040 &
				  468A.310
Statutes/Other Implemented: ORS
				  468A
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 218 - OREGON TITLE V OPERATING PERMITS › Section 340-218-0040 - Permit Applications

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Duty to apply.
			 For each Oregon Title V Operating Permit program source, the owner or operator
			 must submit a timely and complete permit application using this rule:
(a) Timely application:
(A) A timely application for a source that is
			 in operation as of the effective date of the Oregon Title V Operating Permit
			 program is one that is submitted 12 months after the effective date of the
			 Oregon Title V Operating Permit program in Oregon or on or before such earlier
			 date as DEQ may establish. If an earlier date is established, DEQ will provide
			 at least six (6) months for the owner or operator to prepare an application. A
			 timely application for a source that is not in operation or that is not subject
			 to the Oregon Title V Operating Permit program as of the effective date of the
			 Oregon Title V Operating Permit program is one that is submitted within 12
			 months after the source becomes subject to the Oregon Title V Operating Permit
			 program.
(B) Any Oregon Title V
			 Operating Permit program source required to have obtained a permit prior to
			 construction under the ACDP program, OAR 340 division 216; New Source Review
			 program, OAR 340 division 224; or the Notice of Construction and Approval of
			 Plans rules, 340-210-0205  through 340-210-0250, must file a complete
			 application to obtain the Oregon Title V Operating Permit or permit revision
			 within 12 months after commencing operation. Commencing operation will be
			 considered initial startup. Where an existing Oregon Title V Operating Permit
			 would prohibit such construction or change in operation, the owner or operator
			 must obtain a permit revision before commencing operation;
(C) Any Oregon Title V Operating Permit
			 program source owner or operator must follow the appropriate procedures under
			 this division prior to commencement of operation of a source permitted under
			 the Notice of Construction and Approval of Plans rules, OAR 340-210-0205  through 340-0210-0250;
(D) For
			 purposes of permit renewal, a timely application is one that is submitted at
			 least 12 months prior to the date of permit expiration, or such other longer
			 time as may be approved by DEQ that ensures that the term of the permit will
			 not expire before the permit is renewed. If more than 12 months is required to
			 process a permit renewal application, DEQ will provide no less than six (6)
			 months for the owner or operator to prepare an application. In no event will
			 this time be greater than 18 months;
(E) Applications for initial phase II acid
			 rain permits must be submitted to DEQ by January 1, 1996 for sulfur dioxide,
			 and by January 1, 1998 for nitrogen oxides;
(F) Applications for Compliance Extensions
			 for Early Reductions of HAP must be submitted before proposal of an applicable
			 emissions standard issued under section 112(d) of the FCAA and must comply with
			 OAR 340-244-0100.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 218 - OREGON TITLE V OPERATING PERMITS › Section 340-218-0050 - Standard Permit Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
Each permit issued under this division must include the
				following elements:
(1) Emission
			 limitations and standards, including those operational requirements and
			 limitations that assure compliance with all applicable requirements at the time
			 of permit issuance:
(a) The permit must
			 specify and reference the origin of and authority for each term or condition,
			 and identify any difference in form as compared to the applicable requirement
			 upon which the term or condition is based;
(b) For sources regulated under the national
			 acid rain program, the permit must state that, where an applicable requirement
			 of the FCAA or state rules is more stringent than an applicable requirement of
			 regulations promulgated under Title IV of the FCAA, both provisions must be
			 incorporated into the permit and will be enforceable by the EPA;
(c) For any alternative emission limit
			 established using OAR 340-226-0400, the permit must contain an equivalency
			 determination and provisions to ensure that any resulting emissions limit has
			 been demonstrated to be quantifiable, accountable, enforceable, and based on
			 replicable procedures.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 218 - OREGON TITLE V OPERATING PERMITS › Section 340-218-0060 - State-Enforceable Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
DEQ will specifically designate as not being federally
				enforceable any terms and conditions included in the permit that are not
				required under the FCAA or under any of its applicable requirements. Terms and
				conditions so designated are subject to the requirements of OAR
				340-218-0040 through
				340-218-0220,
				other than those contained in
				340-218-0070.
				All terms and conditions in an Oregon Title V Operating Permit are enforceable
				by DEQ.
Stat. Auth.: ORS 468.020, 468A.025, 468A.040 & ORS
				  468A.310
Stats. Implemented: ORS
				  468A
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 218 - OREGON TITLE V OPERATING PERMITS › Section 340-218-0070 - Federally Enforceable Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
DEQ will specifically designate as being federally enforceable
				under the FCAA any terms and conditions included in the permit that are
				required under the FCAA or under any of its applicable requirements. Federally
				enforceable conditions are subject to enforcement actions by the EPA and
				citizens.
Stat. Auth.: ORS 468.020, 468A.025, 468A.040 &
				  468A.310
Stats. Implemented: ORS
				  468A
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 218 - OREGON TITLE V OPERATING PERMITS › Section 340-218-0080 - Compliance Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
All Oregon Title V Operating Permits must contain the following
				elements with respect to compliance:
(1) Consistent with OAR 340-218-0050(3),
			 compliance certification, testing, monitoring, reporting, and recordkeeping
			 requirements sufficient to assure compliance with the terms and conditions of
			 the permit.
(2) A requirement that
			 any document (including but not limited to reports) required by an Oregon Title
			 V Operating Permit must contain a certification by a responsible official or
			 the designated representation for the acid rain portion of the permit that
			 meets the requirements of OAR 340-218-0040(5).
(3) Inspection and entry requirements that
			 require that, upon presentation of credentials and other documents as may be
			 required by law, the permittee must allow DEQ or an authorized representative
			 to perform the following:
(a) Enter upon the
			 permittee's premises where an Oregon Title V Operating Permit program source is
			 located or emissions-related activity is conducted, or where records must be
			 kept under the conditions of the permit;
(b) Have access to and copy, at reasonable
			 times, any records that must be kept under the conditions of the
			 permit;
(c) Inspect at reasonable
			 times any facilities, equipment (including monitoring and air pollution control
			 devices), practices, or operations regulated or required under the permit;
			 and
(d) As authorized by the FCAA
			 or state rules, sample or monitor at reasonable times substances or parameters
			 for the purpose of assuring compliance with the permit or applicable
			 requirements.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 218 - OREGON TITLE V OPERATING PERMITS › Section 340-218-0090 - General Permits

Current through Register Vol. 63, No. 7, July 1, 2024
(1) DEQ may, at
			 its own discretion, after notice and opportunity for public participation
			 provided under OAR 340-218-0210, issue general permits for sources that meet
			 the criteria in section (3). General permits must comply with all requirements
			 applicable to other Oregon Title V Operating Permits, including but not limited
			 to emission limitations and standards, monitoring and related recordkeeping and
			 reporting requirements, fees, and criteria by which sources may qualify for
			 general permits.
(2) Any source may
			 petition DEQ to establish a general permit and must do so within 60 days of
			 becoming subject to the rule requiring a Title V permit. If DEQ determines that
			 a general permit is not appropriate, the source shall file a complete
			 application for a Title V permit within 90 days of the DEQ
			 determination.
(3) The owner or
			 operator of a source which meets the following criteria may apply to be covered
			 under the terms and conditions of a general permit:
(a) There are several permittees, permit
			 applicants or potential permit applicants who have the same or substantially
			 similar operations, emissions, activities or facilities;
(b) The permittees, permit applicants or
			 potential permit applicants emit the same types of regulated air
			 pollutants;
(c) The operations,
			 emissions, activities or facilities are subject to the same or similar
			 standards, limitations and operating requirements;
(d) The operations, emissions, activities or
			 facilities are subject to the same or similar monitoring
			 requirements;
(e) The permittees,
			 permit applicants or potential permit applicants have the ability to comply
			 with the general permit;
(f) The
			 burden for DEQ to develop the general permit is not arduous; and
(g) DEQ does not consider the existing source
			 to be a problem source based on its complaint record and compliance history or
			 does not anticipate the new source will be a problem source based on the source
			 category and the emissions.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 218 - OREGON TITLE V OPERATING PERMITS › Section 340-218-0100 - Temporary Sources

Current through Register Vol. 63, No. 7, July 1, 2024
DEQ may issue a single permit authorizing emissions from
				similar operations by the same source owner or operator at multiple temporary
				locations. The operation must be temporary and involve at least one change of
				location during the term of the permit. An affected source may not be permitted
				as a temporary source. Permits for temporary sources must include the
				following:
(1) Conditions that will
			 assure compliance with all applicable requirements at all authorized locations;
(2) Requirements that the owner or
			 operator notify DEQ at least ten days in advance of each change in location;
(3) Conditions that assure
			 compliance with land use compatibility; and
(4) Conditions that assure compliance with
			 all other provisions of this division.
Stat. Auth.: ORS 468.020, 468A.025, 468A.040 &
				  468A.310
Stats. Implemented: ORS
				  468A
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 218 - OREGON TITLE V OPERATING PERMITS › Section 340-218-0110 - Permit Shield

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Except as
			 provided in this division, DEQ must expressly include in an Oregon Title V
			 Operating Permit a provision stating that compliance with the conditions of the
			 permit will be deemed compliance with any applicable requirements as of the
			 date of permit issuance, provided that:
(a)
			 Such applicable requirements are included and are specifically identified in
			 the permit; or
(b) DEQ, in acting
			 on the permit application or revision, determines in writing that other
			 requirements specifically identified are not applicable to the source, and the
			 permit includes the determination or a concise summary thereof.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 218 - OREGON TITLE V OPERATING PERMITS › Section 340-218-0120 - Permit Issuance

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Action
			 on application:
(a) A permit, permit
			 modification, or permit renewal may be issued only if all of the following
			 conditions have been met:
(A) DEQ has
			 received a complete application for a permit, permit modification, or permit
			 renewal, except that a complete application need not be received before
			 issuance of a general permit under OAR 340-218-0090;
(B) Except for modifications qualifying for
			 minor permit modification procedures under OAR 340-218-0170, DEQ has complied
			 with the requirements for public participation under OAR
			 340-218-0210;
(C) DEQ has complied
			 with the requirements for notifying and responding to affected States under OAR
			 340-218-0230(2);
(D) The conditions
			 of the permit provide for compliance with all applicable requirements and the
			 requirements of this division; and
(E) The EPA has received a copy of the
			 proposed permit and any notices required under OAR 340-218-0230(1) and (2), and
			 has not objected to issuance of the permit under 340-218-0230(3)  within the
			 time period specified therein or such earlier time as agreed to with DEQ if no
			 changes were made to the draft permit.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 218 - OREGON TITLE V OPERATING PERMITS › Section 340-218-0130 - Permit Renewal and Expiration

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Permits being renewed are subject to the
			 same procedural requirements, including those for public participation,
			 affected state and the EPA review, that apply to initial permit issuance;
			 and
(2) Permit expiration
			 terminates the source's right to operate unless a timely and complete renewal
			 application has been submitted consistent with OAR
			 340-218-0040(1)(a)(D)
 
			 and
			 340-218-0120(2).
			 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.
Stat. Auth.: ORS 468.020 & ORS 468A.310
Stats. Implemented: ORS 468 & ORS
				  468A
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 218 - OREGON TITLE V OPERATING PERMITS › Section 340-218-0140 - Operational Flexibility

Current through Register Vol. 63, No. 7, July 1, 2024
Operational flexibility provisions allow owners or operators to
				make certain changes at their facility without a permit modification. The
				following sections describe the provisions and the procedures owners or
				operators must follow to utilize operational flexibility:
(1) Alternative Operating Scenarios. Owners
			 or operators may identify as many reasonably anticipated alternative operating
			 scenarios in the permit application as possible and request the approval of DEQ
			 for incorporation of the scenarios in the permit:
(a) Alternative operating scenarios mean the
			 different conditions, including equipment configurations or process parameters,
			 under which a source can operate that:
(A)
			 Require different terms and conditions in the permit to determine compliance;
			 or
(B) Trigger different
			 applicable requirements.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 218 - OREGON TITLE V OPERATING PERMITS › Section 340-218-0150 - Administrative Permit Amendments

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An
			 "administrative permit amendment" is a permit revision that:
(a) Corrects typographical errors;
(b) Identifies a change in the name, address,
			 or phone number of the responsible official identified in the permit, or
			 provides a similar minor administrative change at the source;
(c) Allows for a change in the name of the
			 permittee;
(d) Allows for a change
			 in ownership or operational control of a source where DEQ determines that no
			 other change in the permit is necessary, provided that a written agreement
			 containing a specific date for transfer of permit responsibility, coverage, and
			 liability between the current and new permittee has been submitted to
			 DEQ;
(e) Requires more frequent
			 monitoring or reporting by the permittee;
(f) Allows for a change in the date for
			 reporting or source testing requirements for a source or emissions unit that is
			 temporarily shut down or would otherwise have to be operated solely for the
			 purposes of conducting the source test, except when required by a compliance
			 schedule;
(g) Relaxes monitoring,
			 reporting or recordkeeping due to a permanent source shutdown for only the
			 emissions unit being shut down; or
(h) Incorporates into the Oregon Title V
			 Operating Permit the requirements from preconstruction review permits
			 authorized under OAR 340 division 224 or OAR 340-210-0205  through 340-210-0250,
			 provided that the procedural requirements followed in the preconstruction
			 review are substantially equivalent to the requirements of 340-218-0120  through
			 340-218-0210  and 340-218-0230  that would be applicable to the change if it were
			 subject to review as a permit modification, compliance requirements are
			 substantially equivalent to those contained in 340-218-0050  through
			 340-218-0110, and no changes in the construction or operation of the facility
			 that would require a permit modification under 340-218-0160  through
			 340-218-0180  have taken place.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 218 - OREGON TITLE V OPERATING PERMITS › Section 340-218-0160 - Permit Modification

Current through Register Vol. 63, No. 7, July 1, 2024
A permit modification is any revision to an Oregon Title V
				Operating Permit that cannot be accomplished under DEQ's provisions for
				administrative permit amendments under OAR
				340-218-0150.
				A permit modification for purposes of the acid rain portion of the permit will
				be governed by regulations promulgated under Title IV of the
				FCAA.
Stat. Auth.: ORS 468.020, 468A.025, 468A.040 &
				  468A.310
Stats. Implemented: ORS
				  468A
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 218 - OREGON TITLE V OPERATING PERMITS › Section 340-218-0170 - Minor Permit Modifications

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Criteria:
(a) Minor permit modification procedures may
			 be used only for those permit modifications that:
(A) Do not violate any applicable
			 requirement;
(B) Do not involve
			 significant changes to existing monitoring, reporting, or recordkeeping
			 requirements in the permit;
(C) Do
			 not require or change a case-by-case determination of an emission limitation or
			 other standard, or a source-specific determination for temporary sources of
			 ambient impacts, or a visibility or increment analysis;
(D) Do not seek to establish or change a
			 permit term or condition for which there is no corresponding underlying
			 applicable requirement and that the source has assumed to avoid an applicable
			 requirement to which the source would otherwise be subject. Such terms and
			 conditions include:
(i) A federally
			 enforceable emissions cap assumed to avoid classification as a Title I
			 modification; and
(ii) An
			 alternative emissions limit approved pursuant to OAR 340-244-0100  through
			 340-244-0180.
(E) Do not
			 increase emissions over the PSEL;
(F) Are not Title I modifications;
			 and
(G) Are not required by OAR
			 340-218-0180  to be processed as a significant modification.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 218 - OREGON TITLE V OPERATING PERMITS › Section 340-218-0180 - Significant Permit Modifications

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Criteria.
			 Significant modification procedures must be used for applications requesting
			 permit modifications that do not qualify as minor permit modifications or as
			 administrative amendments. Significant modifications must include:
(a) Increases in PSELs except those increases
			 subject to OAR 340-210-0205  through 340-210-0250; or OAR 340 division
			 224;
(b) Every significant change
			 in existing monitoring permit terms or conditions;
(c) Every relaxation of reporting or
			 recordkeeping permit terms or conditions;
(d) Incorporation into the Oregon Title V
			 Operating Permit the requirements from pre-construction review permits
			 authorized under OAR 340 division 224 unless the incorporation qualifies as an
			 administrative amendment;
(e)
			 Incorporation into the Oregon Title V Operating Permit the requirements from
			 preconstruction review permits authorized under OAR 340-210-205 through
			 340-210-0250  unless otherwise specified in 340-218-0190(2); and
(f) Nothing herein may be construed to
			 preclude the permittee from making changes consistent with this division that
			 would render existing permit compliance terms and conditions
			 irrelevant.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 218 - OREGON TITLE V OPERATING PERMITS › Section 340-218-0190 - Construction/Operation Modifications

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Notice
			 of Approval. The owner or operator of a major stationary source must obtain
			 approval from the Department prior to construction or modification of any
			 stationary source or air pollution control equipment in accordance with OAR
			 340-210-0205  through
			 340-210-0250.
(2) Incorporation into an Oregon
			 Title V Operating Permit:
(a) Where an Oregon
			 Title V Operating Permit would allow incorporation of such construction or
			 modification as an off-permit change (OAR
			 340-218-0140(2)) or a FCAA section 502(b)(10) change (340-218-0140(3)):
(A) The owner or operator of the
			 stationary source or air pollution control equipment listed in section(1) of
			 this rule must submit to the Department the applicable notice; and
(B) The Department will incorporate the
			 construction or modification at permit renewal, if applicable.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 218 - OREGON TITLE V OPERATING PERMITS › Section 340-218-0200 - Reopenings

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Reopening for
			 cause:
(a) Each issued permit must include
			 provisions specifying the conditions under which the permit will be reopened
			 prior to the expiration of the permit. A permit will be reopened and revised
			 under any of the following circumstances:
(A)
			 Additional applicable requirements under the FCAA or state rules become
			 applicable to a major Oregon Title V Operating Permit program source with a
			 remaining permit term of 3 or more years. Such a reopening will be completed
			 not later than 18 months after promulgation of the applicable requirement. No
			 such reopening is required if the effective date of the requirement is later
			 than the date on which the permit is due to expire, unless the original permit
			 or any of its terms and conditions has been extended pursuant to OAR
			 340-218-0130;
(B) Additional requirements
			 (including excess emissions requirements) become applicable to an affected
			 source under the national acid rain program. Upon approval by the EPA, excess
			 emissions offset plans will be deemed to be incorporated into the permit;
(C) DEQ or the EPA determines that
			 the permit contains a material mistake or that inaccurate statements were made
			 in establishing the emissions standards or other terms or conditions of the
			 permit;
(D) DEQ or the EPA
			 determines that the permit must be revised or revoked to assure compliance with
			 the applicable requirements;
(E)
			 DEQ determines that the permit must be revised or revoked to assure compliance
			 with the ambient air quality standards.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 218 - OREGON TITLE V OPERATING PERMITS › Section 340-218-0210 - Public Participation

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Except
			 for modifications qualifying for minor permit modification procedures and
			 administrative amendments, all permit proceedings, including initial permit
			 issuance, significant modifications, Notice of Construction and Approval of
			 Plans when there is an increase of emissions above the PSEL, and renewals, must
			 provide adequate procedures for public notice including offering an opportunity
			 for public comment and a hearing on the draft permit using the procedures in
			 OAR 340 division 209 for Category III permit actions.
(2) Any person who submitted written or oral
			 comments during the public participation process described in OAR 340 division
			 209 will be an adversely affected or aggrieved person for purposes of ORS
			 183.484.
Stat. Auth.: ORS 468.020, 468A.025, 468A.040 &
				  468A.310
Stats. Implemented: ORS 183 & ORS
				  468A