OAR 340-218-0110
Permit Shield


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:


Such applicable requirements are included and are specifically identified in the permit; or


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.


An Oregon Title V Operating Permit that does not expressly state that a permit shield exists will be presumed not to provide such a shield.


Changes made to a permit using OAR 340-218-0150 (Administrative Permit Amendments)(1)(h) and 340-218-0180 (Significant Permit Modifications) will be shielded.


Nothing in this rule or in any Oregon Title V Operating Permit may alter or affect the following:


The provisions of ORS 468.115 (Enforcement in cases of emergency) (enforcement in cases of emergency) and ORS 468.035 (Functions of department);


The liability of an owner or operator of a source for any violation of applicable requirements prior to or at the time of permit issuance;


The applicable requirements of the national acid rain program, consistent with section 408(a) of the FCAA; or


The ability of DEQ to obtain information from a source under ORS 468.095 (Investigatory authority) (investigatory authority, access to records).
(5) The permit shield does not apply to conditions and requirements included in a Toxic Air Contaminant Permit Addendum or included in an Oregon Title V Operating Permit under OAR 340-245-0005 (Purpose and Overview) through 340-245-8050 (Table 5 - Level 1 Risk Assessment Tool Dispersion Factors).
Last Updated

Jun. 8, 2021

Rule 340-218-0110’s source at or​.us