Or. Admin. R. 340-218-0090 - General Permits
(1) DEQ
may, at its own discretion, after notice and opportunity for public
participation provided under OAR 340-218-0210, issue general permits for
sources that meet the criteria in section (3). General permits must comply with
all requirements applicable to other Oregon Title V Operating Permits,
including but not limited to emission limitations and standards, monitoring and
related recordkeeping and reporting requirements, fees, and criteria by which
sources may qualify for general permits.
(2) Any source may petition DEQ to establish
a general permit and must do so within 60 days of becoming subject to the rule
requiring a Title V permit. If DEQ determines that a general permit is not
appropriate, the source shall file a complete application for a Title V permit
within 90 days of the DEQ determination.
(3) The owner or operator of a source which
meets the following criteria may apply to be covered under the terms and
conditions of a general permit:
(a) There are
several permittees, permit applicants or potential permit applicants who have
the same or substantially similar operations, emissions, activities or
facilities;
(b) The permittees,
permit applicants or potential permit applicants emit the same types of
regulated air pollutants;
(c) The
operations, emissions, activities or facilities are subject to the same or
similar standards, limitations and operating requirements;
(d) The operations, emissions, activities or
facilities are subject to the same or similar monitoring
requirements;
(e) The permittees,
permit applicants or potential permit applicants have the ability to comply
with the general permit ;
(f) The
burden for DEQ to develop the general permit is not arduous; and
(g) DEQ does not consider the existing source
to be a problem source based on its complaint record and compliance history or
does not anticipate the new source will be a problem source based on the source
category and the emissions.
(4) General permits may be issued for the
following purposes:
(a) To establish terms
and conditions to implement applicable requirements;
(b) To establish terms and conditions to
implement applicable requirements for specified categories of changes to
permitted sources; and
(c) To
establish Plant Site Emission Limits under OAR 340 division 222 from sources in
the specified category.
(5) Notwithstanding the shield provisions of
OAR 340-218-0110, the source will be subject to enforcement action for
operation without an Oregon Title V Operating Permit if the source is later
determined not to qualify for the conditions and terms of the general
permit .
(6) General permits will
not be authorized for affected sources under the national acid rain program
unless provided in regulations promulgated under Title IV of the
FCAA.
(7)
(a) Oregon Title V Operating Permit program
sources that would qualify for a general permit must apply to DEQ for coverage
under the terms of the general permit or must apply for an Oregon Title V
Operating Permit consistent with OAR 340-218-0040.
(b) If some but not all of a source's
operations, activities and emissions are eligible for coverage under a general
permit , the source must apply for and receive coverage under an Oregon Title V
Operating permit under OAR 340-218-0040.
(c) DEQ may, in the general permit, provide
for applications which deviate from the requirements of OAR 340-218-0040,
provided that such applications meet the requirements of Title V of the FCAA
and include all information necessary to determine qualification for, and
compliance with, the general permit .
(d) Without repeating the public
participation procedures required under OAR 340-218-0210, DEQ may grant an
owner's or operator's request for authorization to operate under a general
permit if the source meets the applicability criteria for the general permit,
but such a grant will not be a final permit action for purposes of judicial
review.
(8) When an
emissions limitation applicable to a general permit source is promulgated by
the EPA or adopted by the state, the source must:
(a) Immediately comply with the provisions of
the applicable emissions standard; and
(b)
(A)
Within 12 months of standard promulgation, apply for an operating permit ,
pursuant to OAR 340-218-0040, if three (3) or more years are remaining on the
general permit term; or
(B) Apply
for an operating permit at least 12 months prior to permit expiration, pursuant
to OAR 340-218-0040, if less than three (3) years remain on the general permit
term.
Notes
Statutory/Other Authority: ORS 468.020, ORS 468A.025, 468A.040 & 468A.310
Statutes/Other Implemented: ORS 468A
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