This division applies to all sources
listed in OAR 340-216-8010
. This division also applies to Oregon Title V
Operating Permit program sources when an ACDP is required by 340-218-0020 or
340-224-0010. Sources referred to in 340-216-8010 are subject to fees in
Sources in any
one of the categories in OAR 340-216-8010
must obtain a permit. If a source
meets the requirements of more than one of the source categories and the source
is not eligible for a Basic ACDP or a General ACDP that has been authorized by
DEQ, then the source must obtain a Simple or Standard ACDP. Source categories
are not listed in alphabetical order.
commercial and industrial sources in OAR 340-216-8010
Part A must obtain a
Basic ACDP under 340-216-0056 unless the source chooses to obtain a General,
Simple or Standard ACDP. For purposes of Part A, production and emission
parameters are based on the latest consecutive 12 month period, or future
projected operation, whichever is higher. Emission cutoffs are based on actual
Sources in any one
of the categories in OAR 340-216-8010
Part B must obtain one of the following
unless otherwise allowed in Part B:
General ACDP, if one is available for the source classification and the source
qualifies for a General ACDP under OAR 340-216-0060
A Standard ACDP under OAR
if the source fits one of the criteria of Part C or does not
qualify for a Simple ACDP.
Sources in any one of the categories in
Part C must obtain a Standard ACDP under the procedures set
forth in OAR 340-216-0066
No person may construct, install,
establish, develop or operate any air contaminant source listed in OAR
without first obtaining an Air Contaminant Discharge Permit (ACDP)
from DEQ or LRAPA and keeping a copy onsite at all times, unless otherwise
deferred from the requirement to obtain an ACDP in subsection (3)(b) or DEQ has
granted an exemption from the requirement to obtain an ACDP under subsection
(3)(f). No person may continue to operate an air contaminant source if the ACDP
expires, or is terminated, denied, or revoked; except as provided in
(a) For portable sources, a
single permit may be issued for operating at any area of the state if the
permit includes the requirements from both DEQ and LRAPA. DEQ or LRAPA,
depending where the portable source's corporate offices are located, will be
responsible for issuing the permit. If the corporate office of a portable
source is located outside of the state, DEQ will be responsible for issuing the
(b) An air contaminant
source required to obtain an ACDP or ACDP Attachment under a NESHAP under OAR
division 244 or NSPS under OAR division 238 is not required to submit an
application for an ACDP or ACDP Attachment until four months after the
effective date of the EQC's adoption of the NESHAP or NSPS, and is not required
to obtain an ACDP or ACDP Attachment until six months after the EQC's adoption
of the NESHAP or NSPS. In addition, DEQ may defer the requirement to submit an
application for, or to obtain an ACDP or ACDP Attachment, or both, for up to an
additional twelve months.
Deferrals of Oregon permitting requirements do not relieve an air contaminant
source from the responsibility of complying with federal NESHAP or NSPS
(1)(b)(A), 340-216-0062(2)(b)(A), 340-216-0064(4)(a), and
340-216-0066(3)(a), do not relieve a permittee from the responsibility of
complying with federal NESHAP or NSPS requirements that apply to the source
even if DEQ has not incorporated such requirements into the permit.
(e) DEQ may exempt a source from the
requirement to obtain an ACDP if it determines that the source is subject to
only procedural requirements, such as notification that the source is affected
by an NSPS or NESHAP.
(4) No person may construct, install,
establish, or develop any source that will be subject to the Oregon Title V
Operating Permit program without first obtaining an ACDP from DEQ or
No person may modify any
source that has been issued an ACDP without first complying with the
requirements of OAR 340-210-0205
No person may modify any source required
to have an ACDP such that the source becomes subject to the Oregon Title V
Operating Permit program without complying with the requirements of OAR
No person may increase emissions above
the PSEL by more than the de minimis emission levels specified in OAR
without first applying for and obtaining a modified
Subject to the
requirements in this division and OAR 340-200-0010
(3), LRAPA is designated by
the EQC to implement the rules in this division within its area of
NOTE: This rule is included in the State of Oregon
Clean Air Act Implementation Plan as adopted by the EQC under OAR 340-200-0040
with the exception of all references to toxic air contaminants and OAR chapter
340, division 245.
Or. Admin. R.
DEQ 47, f. 8-31-72, ef.
9-15-72; DEQ 63, f. 12-20-73, ef. 1-11-74; DEQ 107, f. & ef. 1-6-76;
Renumbered from 340-020-0033; DEQ 125, f. & ef. 12-16-76; DEQ 20-1979, f.
& ef. 6-29-79; DEQ 23-1980, f. & ef. 9-26-80; DEQ 13-1981, f. 5-6-81,
ef. 7-1-81; DEQ 11-1983, f. & ef. 5-31-83; DEQ 3-1986, f. & ef.
2-12-86; DEQ 12-1987, f. & ef. 6-15-87; DEQ 27-1991, f. & cert. ef.
11-29-91; DEQ 4-1993, f. & cert. ef. 3-10-93; DEQ 12-1993, f. & cert.
ef. 9-24-93, Renumbered from 340-020-0155; DEQ 19-1993, f. & cert. ef.
11-4-93; DEQ 22-1994, f. & cert. ef. 10-4-94; DEQ 22-1995, f. & cert.
ef. 10-6-95; DEQ 19-1996, f. & cert. ef. 9-24-96; DEQ 22-1996, f. &
cert. ef. 10-22-96; DEQ 14-1999, f. & cert. ef. 10-14-99, Renumbered from
340-028-1720; DEQ 6-2001, f. 6-18-01, cert. ef. 7-1-01; DEQ 4-2002, f. &
cert. ef. 3-14-02; DEQ 7-2007, f. & cert. ef. 10-18-07; DEQ 8-2007, f.
& cert. ef. 11-8-07; DEQ 15-2008, f. & cert. ef 12-31-08; DEQ 8-2009,
f. & cert. ef. 12-16-09; DEQ 9-2009(Temp), f. 12-24-09, cert. ef. 1-1-10
thru 6-30-10; Administrative correction 7-27-10; DEQ 10-2010(Temp), f. 8-31-10,
cert. ef. 9-1-10 thru 2-28-11; DEQ 12-2010, f. & cert. ef. 10-27-10; DEQ
1-2011, f. & cert. ef. 2-24-11; DEQ 5-2011, f. 4-29-11, cert. ef. 5-1-11;
DEQ 11-2011, f. & cert. ef. 7-21-11; DEQ 13-2011, f. & cert. ef.
7-21-11; DEQ 14-2011, f, & cert. ef. 7-21-11; DEQ 4-2013, f. & cert.
ef. 3-27-13; DEQ 9-2013(Temp), f. & cert. ef. 10-24-13 thru 4-22-14;
Administrative correction, 5-21-14; DEQ 9-2014, f. & cert. ef. 6-26-14;
7-2015, f. & cert. ef.
4/16/2015; DEQ 126-2018, minor correction filed
04/11/2018, effective 04/11/2018;
197-2018, amend filed 11/16/2018, effective
Statutory/Other Authority: ORS
Statutes/Other Implemented: ORS
- 468A.155 & 468A.310