OAR 340-218-0190
Construction/Operation Modifications
(1)
Notice of Approval. The owner or operator of a major stationary source must obtain approval from DEQ prior to construction or modification of any stationary source or air pollution control devices using 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).(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 (Operational Flexibility)(2)) or a FCAA section 502(b)(10) change (340-218-0140 (Operational Flexibility)(3)):(A)
The owner or operator of the stationary source or air pollution control device listed in section (1) must submit to DEQ the applicable notice; and(B)
DEQ will incorporate the construction or modification at permit renewal, if applicable.(b)
Where an Oregon Title V Operating Permit would allow incorporation of such construction or modification as an administrative amendment (OAR 340-218-0150 (Administrative Permit Amendments)), the owner or operator of the stationary source or air pollution control device listed in section (1) may:(A)
Submit the permit application information required under OAR 340-218-0150 (Administrative Permit Amendments)(3) with the information required under OAR 340-210-0225 (Notice of Construction and Approval of Plans: Types of Construction/Modification Changes)(2) upon becoming aware of the need for an administrative amendment; and(B)
Request that the external review procedures required under OAR 340-218-0210 (Public Participation) and 340-218-0230 (Permit Review by the EPA and Affected States) be used in addition to the public notice procedures of OAR 340 division 209 for Category III permit actions to allow for subsequent incorporation of the construction permit as an administrative amendment.(c)
Where an Oregon Title V Operating Permit would require incorporation of such construction or modification as a minor permit modification (OAR 340-218-0170 (Minor Permit Modifications)) or a significant permit modification (340-218-0180 (Significant Permit Modifications)), the owner or operator of the stationary source or air pollution control device listed in section (1) must submit the permit application information required under 340-218-0040 (Permit Applications)(3) within one year of initial startup of the construction or modification, except as prohibited in paragraph(2)(d).(d)
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.
Source:
Rule 340-218-0190 — Construction/Operation Modifications, https://secure.sos.state.or.us/oard/view.action?ruleNumber=340-218-0190.