Or. Admin. R. 340-218-0200 - Reopenings

(1) Reopening for cause:

(a) Each issued permit must include provisions specifying the conditions under which the permit will be reopened prior to the expiration of the permit. A permit will be reopened and revised under any of the following circumstances:

(A) Additional applicable requirements under the FCAA or state rules become applicable to a major Oregon Title V Operating Permit program source with a remaining permit term of 3 or more years. Such a reopening will be completed not later than 18 months after promulgation of the applicable requirement. No such reopening is required if the effective date of the requirement is later than the date on which the permit is due to expire, unless the original permit or any of its terms and conditions has been extended pursuant to OAR 340-218-0130;

(B) Additional requirements (including excess emissions requirements) become applicable to an affected source under the national acid rain program. Upon approval by the EPA, excess emissions offset plans will be deemed to be incorporated into the permit;

(C) DEQ or the EPA determines that the permit contains a material mistake or that inaccurate statements were made in establishing the emissions standards or other terms or conditions of the permit;

(D) DEQ or the EPA determines that the permit must be revised or revoked to assure compliance with the applicable requirements;

(E) DEQ determines that the permit must be revised or revoked to assure compliance with the ambient air quality standards.

(b) Proceedings to reopen and issue a permit must follow the same procedures as apply to initial permit issuance and affect only those parts of the permit for which cause to reopen exists. Such reopening will be made as expeditiously as practicable;

(c) Reopenings under subsection (1)(a) may not be initiated before a notice of such intent is provided to the source by DEQ at least 30 days in advance of the date that the permit is to be reopened, except that DEQ may provide a shorter time period in the case of an emergency.

(2) Reopening for cause by the EPA:

(a) DEQ will, within 90 days after receipt of a notification from the EPA of reopening for cause, forward to the EPA a proposed determination of termination, modification, or revocation and reissuance, as appropriate. The EPA may extend this 90-day period for an additional 90 days if the EPA finds that a new or revised permit application is necessary or that the permittee must submit additional information;

(b) DEQ will have 90 days from receipt of an EPA objection to resolve any objection that the EPA makes and to terminate, modify, or revoke and reissue the permit in accordance with the EPA's objection or determine not to reissue the permit in accordance with the EPA's objection;

(c) DEQ will provide at least 30 days' notice to the permittee in writing of the reasons for any such action and provide an opportunity for a hearing;

(d) Proceedings to terminate, revoke, or modify and reissue a permit initiated by the EPA must follow the same procedures as apply to initial permit issuance and affect only those parts of the permit for which cause to reopen exists. Such reopening will be made as expeditiously as practicable by DEQ.

Notes

Or. Admin. R. 340-218-0200

DEQ 12-1993, f. & cert. ef. 9-24-93; DEQ 22-1995, f. & cert. ef. 10-6-95; DEQ 14-1999, f. & cert. ef. 10-14-99, Renumbered from 340-028-2280; DEQ 6-2001, f. 6-18-01, cert. ef. 7-1-01; DEQ 7-2015, f. & cert. ef. 4/16/2015

Stat. Auth.: ORS 468.020, 468A.025, 468A.040 & 468A.310

Stats. Implemented: ORS 468A