OAR 340-210-0250
Notice of Construction and Approval of Plans: 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 (Applicability and Jurisdiction), 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 (Notice of Construction and Approval of Plans: Construction Approval).(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 (Visible Air Contaminant Limitations) and general particulate matter standards in OAR 340-226-0210 (Grain Loading Standards: Particulate Emission Limitations for Sources Other Than Fuel Burning Equipment, Refuse Burning Equipment and Fugitive Emissions) and OAR 340-228-0210 (General Emission Standards for Fuel Burning Equipment: Grain Loading Standards).(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 (Registration in General).(b)
For new sources that are required to obtain an ACDP in accordance with OAR 340-216-0020 (Applicability and Jurisdiction), 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 (Construction/Operation Modifications)(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 (Construction/Operation Modifications)(2).
Source:
Rule 340-210-0250 — Notice of Construction and Approval of Plans: Approval to Operate, https://secure.sos.state.or.us/oard/view.action?ruleNumber=340-210-0250.