OAR 340-216-0020
Applicability and Jurisdiction
(1)
This division applies to all sources listed in OAR 340-216-8010 (Table 1 — Activities and Sources). This division also applies to Oregon Title V Operating Permit program sources when an ACDP is required by 340-218-0020 (Applicability) or 340-224-0010 (Applicability, General Prohibitions, General Requirements and Jurisdiction). Sources referred to in 340-216-8010 (Table 1 — Activities and Sources) are subject to fees in 340-216-8020 (Table 2 — Air Contaminant Discharge Permits).(2)
Sources in any one of the categories in OAR 340-216-8010 (Table 1 — Activities and Sources) 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 (Table 1 — Activities and Sources) Part A must obtain a Basic ACDP under 340-216-0056 (Basic ACDPs) 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 (Table 1 — Activities and Sources) 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 (General Air Contaminant Discharge Permits);(B)
A Simple ACDP under OAR 340-216-0064 (Simple ACDP); or(C)
A Standard ACDP under OAR 340-216-0066 (Standard ACDPs) 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 (Table 1 — Activities and Sources) Part C must obtain a Standard ACDP under the procedures set forth in OAR 340-216-0066 (Standard ACDPs).(3)
No person may construct, install, establish, develop or operate any air contaminant source listed in OAR 340-216-8010 (Table 1 — Activities and Sources) 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 (3)(b) or DEQ has granted an exemption from the requirement to obtain an ACDP under subsection (3)(f). No person may continue to operate an air contaminant source if the ACDP expires, or is terminated, denied, or revoked; except as provided in 340-216-0082 (Termination or Revocation of an ACDP).(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 under 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 (General Air Contaminant Discharge Permits)(1)(b)(A), 340-216-0062 (General ACDP Attachments)(2)(b)(A), 340-216-0064 (Simple ACDP)(4)(a), and 340-216-0066 (Standard ACDPs)(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 (Notice of Construction and Approval of Plans: Applicability) through 340-210-0250 (Notice of Construction and Approval of Plans: Approval to Operate).(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 (Notice of Construction and Approval of Plans: Applicability) through 340-210-0250 (Notice of Construction and Approval of Plans: Approval to Operate).(7)
No person may increase emissions above the PSEL by more than the de minimis emission levels specified in OAR 340-200-0020 (General Air Quality Definitions) without first applying for and obtaining a modified ACDP.(8)
Subject to the requirements in this division and OAR 340-200-0010 (Purpose and Application)(3), LRAPA is designated by the EQC to implement the rules in this division within its area of jurisdiction.
Source:
Rule 340-216-0020 — Applicability and Jurisdiction, https://secure.sos.state.or.us/oard/view.action?ruleNumber=340-216-0020.