Or. Admin. R. 340-210-0250 - [Effective until 3/1/2023] Approval to Operate
(1) The approval to construct does not
provide approval to operate the constructed or modified stationary source or
air pollution control device unless otherwise allowed by section (2) or (3) or
under the applicable ACDP or Oregon Title V Operating Permit programs (OAR 340
divisions 216 and 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 new sources
that are required to obtain an ACDP in accordance with OAR
340-216-0020,
the ACDP, which allows operation, is required before operating the newly
constructed equipment.
(c) 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.
(d) 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, Type 3 or 4
changes require a standard ACDP before operation of the changes.
(b) For sources currently operating under an
ACDP, approval to operate Type 3 or 4 changes will require a new or modified
standard ACDP. All ACDP terms and conditions remain in effect until the ACDP is
modified.
(c) For sources
currently operating under an Oregon Title V Operating Permit, approval to
operate Type 3 or 4 changes must be in accordance with OAR
340-218-0190(2).
NOTE: This rule is included in the State of Oregon Clean Air Act Implementation Plan that EQC adopted under OAR 340-200-0040.
Notes
Stat. Auth.: ORS 468.020, 468A.025, 468A.040, 468A.050, 468A.055, 468A.070 & 468A.310
Stats. Implemented: ORS 468A. 025, 468A.035, 468A.040, 468A.050, 468A.055, 468A.070 & 468A.310
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
(1) The approval to construct does not provide approval to operate the constructed or modified stationary source or air pollution control device unless otherwise allowed by section (2) or (3) or under the applicable ACDP or Oregon Title V Operating Permit programs (OAR 340 divisions 216 and 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 new sources that are required to obtain an ACDP in accordance with OAR 340-216-0020, the ACDP, which allows operation, is required before operating the newly constructed equipment.
(c) 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.
(d) 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, Type 3 or 4 changes require a standard ACDP before operation of the changes.
(b) For sources currently operating under an ACDP, approval to operate Type 3 or 4 changes will require a new or modified standard ACDP. All ACDP terms and conditions remain in effect until the ACDP is modified.
(c) For sources currently operating under an Oregon Title V Operating Permit, approval to operate Type 3 or 4 changes must be in accordance with OAR 340-218-0190(2).
NOTE: This rule is included in the State of Oregon Clean Air Act Implementation Plan that EQC adopted under OAR 340-200-0040.
Notes
Stat. Auth.: ORS 468.020, 468A.025, 468A.040, 468A.050, 468A.055, 468A.070 & 468A.310
Stats. Implemented: ORS 468A. 025, 468A.035, 468A.040, 468A.050, 468A.055, 468A.070 & 468A.310