OAR 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 (Highest and Best Practicable Treatment and Control: Operating and Maintenance Requirements)(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, 225, and 245, 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 must also consider the timelines provided in paragraph (2)(b), as well as OAR 340-245-0030 (Submittal and Payment Deadlines), Cleaner Air Oregon submittal and payment deadlines, and OAR 340-224-0030 (New Source Review Procedural Requirements), 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 must also consider the timelines provided in subsection (2)(b), as well as OAR 340-224-0030 (New Source Review Procedural Requirements), 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 (Table 2 — Air Contaminant Discharge Permits).(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.
Source:
Rule 340-216-0040 — Application Requirements, https://secure.sos.state.or.us/oard/view.action?ruleNumber=340-216-0040.