Or. Admin. Code § 340-216-0020 - Applicability and Jurisdiction
(1) 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 340-216-8020.
(2) 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.
(a) The 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 emissions.
(b)
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:
(A) A General ACDP, if one is available for
the source classification and the source qualifies for a General ACDP under OAR
340-216-0060;
(B) A Simple ACDP under OAR
340-216-0064; or
(C) A Standard ACDP under OAR
340-216-0066 if the source fits
one of the criteria of Part C or does not qualify for a Simple
ACDP.
(c) Sources in any
one of the categories in OAR
340-216-8010 Part C must obtain
a Standard ACDP under the procedures set forth in OAR
340-216-0066.
(3) No person may construct, install,
establish, develop or operate any air contaminant source listed in OAR
340-216-8010 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
340-216-0082.
(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 permit.
(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.
(c) Deferrals of Oregon
permitting requirements do not relieve an air contaminant source from the
responsibility of complying with federal NESHAP or NSPS requirements.
(d) OAR
340-216-0060(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 LRAPA.
(5) No
person may modify any source that has been issued an ACDP without first
complying with the requirements of OAR
340-210-0205 through
340-210-0250.
(6) 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
340-210-0205 through
340-210-0250.
(7) No person may increase emissions above
the PSEL by more than the de minimis emission levels specified in OAR
340-200-0020 without first
applying for and obtaining a modified ACDP.
(8) 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 jurisdiction.
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.
NOTE: Tables referenced are in OAR 340-216-8010 and 340-216-8020.
Notes
Tables referenced are in OAR 340-216-8010 and 340-216-8020.
Statutory/Other Authority: ORS 468.020, 468A.025, 468A.040, 468A.155 & 468A.310
Statutes/Other Implemented: ORS 468A.025, 468A.040, 468A.135 - 468A.155 & 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.
No prior version found.