Or. Admin. R. 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, modified, or
replaced stationary source or air pollution control device unless otherwise
allowed by section (2) or (3) or under the applicable ACDP (OAR chapter 340,
division 216) or Oregon Title V Operating Permit programs (OAR chapter 340,
division 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, 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.
(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 and general particulate matter standards in OAR 340-226-0210 and
OAR 340-228-0210.
(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.
(b) 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.
(c) 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(2).
(3) Type 3 and 4 changes:
(a) For new sources, or sources that have not
been required to obtain a permit , Type 3 changes require the owner or operator
to obtain a Construction, Basic, General, Simple, or Standard ACDP, whichever
is appropriate, before operation of the approved changes.
(b) For sources currently operating under a
General ACDP, a Type 3 change may be operated under the assigned General ACDP
if the source still qualifies for the General ACDP. Otherwise, the owner or
operator must obtain a new Simple or Standard ACDP before operation of the
approved changes.
(c) For sources
currently operating under a Basic, Simple or Standard ACDP, approval to operate
a Type 3 change will require the owner or operator to obtain a new or modified
Basic ACDP, a new or modified Simple ACDP, or a new or modified Standard ACDP,
in accordance with OAR chapter 340, division 216 before operation of the
approved changes. All current ACDP terms and conditions remain in effect until
the new or modified ACDP is issued.
(d) Type 4 changes require the owner or
operator to obtain a new or modified Standard ACDP in accordance with OAR
chapter 340, division 216 before operation of the approved changes.
(e) For sources currently operating under an
Oregon Title V Operating Permit , Type 3 or 4 changes may only be operated in
accordance with OAR 340-218-0190(2) unless a permit modification is required.
Notes
Statutory/Other Authority: ORS 468.020, 468A.025, 468A.040, 468A.050, 468A.055, 468A.070 & 468A.310
Statutes/Other Implemented: ORS 468A. 025, 468A.035, 468A.040, 468A.050, 468A.055, 468A.070 & 468A.310
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