Or. Admin. Code § 340-216-0040 - Application Requirements
(1) New
Permits.
(a) Except for Short Term Activity
ACDPs, any person required to obtain a new ACDP must provide a complete
application with the following general information, as applicable, in addition
to any other information required for a specific permit type. Complete
applications must be submitted using electronic forms provided by DEQ, unless
otherwise approved in writing by DEQ:
(A)
Identifying information, including the name of the company, the mailing
address, the facility address, and the nature of business, Standard Industrial
Classification (SIC) code;
(B) The
name and phone number of a local person responsible for compliance with the
permit;
(C) The name of a person
authorized to receive requests for data and information;
(D) A description of the production processes
and related flow chart;
(E) A plot
plan showing the location and height of all emissions units, devices and
activities that emit to the atmosphere, including any air pollution control
devices, and the nearest residential and commercial properties;
(F) Make, model, and identification name or
number of each device, activity, and air pollution control device, if
known;
(G) Exhaust parameters
(e.g., stack height, diameter, temperature, flowrate, volume or area source
dimensions) of each emissions unit, device, and air pollution control device
that emits to the atmosphere;
(H)
The type and quantity of fuels used;
(I) An estimate of the amount and type of
each air contaminant emitted by the source in terms of hourly, daily, or
monthly and yearly rates, showing calculation procedures;
(J) Any information on pollution prevention
measures and cross-media impacts the applicant wants DEQ to consider in
determining applicable control requirements and evaluating compliance
methods;
(K) Estimated efficiency
of air pollution control devices under present or anticipated operating
conditions;
(L) Where the operation
or maintenance of air pollution control devices and emission reduction
processes can be adjusted or varied from the highest reasonable efficiency and
effectiveness, information necessary for DEQ to establish operational and
maintenance requirements in OAR
340-226-0120(1) and
(2);
(M) Land Use Compatibility Statement(s), when
required by OAR chapter 340, division 018:
(i) Signed by the applicable local planning
jurisdiction(s), determining that construction or modification of the source is
compatible with applicable local jurisdiction's acknowledged comprehensive
plan. If DEQ receives a LUCS which states that the proposed action is
incompatible with the acknowledged comprehensive plan, DEQ shall notify the
applicant that the application cannot be processed;
(ii) If the local planning jurisdiction
declines to provide a LUCS determination in response to a request for a LUCS,
the owner or operator must provide DEQ with its own analysis to demonstrate
that the proposed action complies with all applicable statewide planning
goals;
(N) The most
recent information reported through EPA's Toxics Release Inventory program at
the time of application submittal, if the source is subject to the
program;
(O) An air quality
analysis, conducted in accordance with the procedures in OAR chapter 340,
division 225, demonstrating that the emissions, including reductions due to air
pollution control devices or permitted limits on production capacity, will not
cause or contribute to a new exceedance of a National Ambient Air Quality
Standard adopted under OAR chapter 340, division 202;
(P) Any information required by OAR chapter
340, divisions 222, 224, 225, and 245, including but not limited to control
technology and analysis and air quality analysis, conducted in accordance with
the procedures in OAR chapter 340, division 225; and information related to
offsets and net air quality benefit, if applicable;
(Q) Anticipated date of the commencement of
construction (i.e., breaking ground); and
(R) Anticipated date of construction
completion; and
(S) Any other
information requested by DEQ.
(b) Owners or operators must submit complete
applications for new permits in accordance with the timelines provided in
subsection (2)(b), as well as OAR
340-245-0030, Cleaner Air Oregon
submittal and payment deadlines, and OAR
340-224-0030, permit
applications subject to New Source Review, to allow DEQ adequate time to
process the application and issue a permit before it is
needed.
(2) Permit
Renewals. Any person who wants to renew an existing permit must submit a
complete application using forms provided by DEQ, unless otherwise allowed in
writing by DEQ.
(a) The renewal application
must include:
(A) All information identified
in subsection (1)(a) that has changed since the last permit renewal or
issuance;
(B) A complete list of
all devices and activities, or any combination of devices and activities,
including all air pollution control devices, and all categorically
insignificant activities;
(C) An
estimate of the amount and type of each air contaminant emitted by the source
in terms of hourly, daily, or monthly and yearly rates, showing calculation
procedures;
(D) All changes to the
source since the last permit issuance and all requirements applicable to those
changes; and
(E) When required by
DEQ, an air quality analysis, conducted in accordance with the procedures in
OAR chapter 340, division 225, demonstrating that the source's emissions,
including reductions due to air pollution control devices or permitted limits
on production capacity, will not cause or contribute to a new exceedance of a
National Ambient Air Quality Standard adopted under OAR chapter 340, division
202.
(b) The owner or
operator must submit an application for renewal of the existing permit by no
later than:
(A) 30 days prior to the
expiration date of a Basic ACDP;
(B) 120 days prior to the expiration date of
a Simple ACDP; or
(C) 180 days
prior to the expiration date of a Standard ACDP.
(c) DEQ must receive an application for
reassignment to General ACDPs and General ACDP attachments within 30 days prior
to expiration of the General ACDPs or General ACDP
attachments.
(3) Permit
Modifications.
(a) An owner or operator
applying for a modification of a Basic, Simple or Standard ACDP must provide
the information in subsection (1)(a) relevant to the requested changes to the
permit and a list of any requirements applicable to those changes.
(b) DEQ recommends that applicants for permit
modifications consider the timelines provided in subsection (2)(b), as well as
OAR 340-245-0030, Cleaner Air Oregon
submittal and payment deadlines, and OAR
340-224-0030, permit
applications subject to New Source Review, to allow DEQ adequate time to
process the application and issue a permit before it is needed.
(c) When required by DEQ, the owner or
operator must submit an air quality analysis demonstrating that the emissions,
including reductions due to air pollution control devices or permitted limits
on production capacity, will not cause or contribute to a new exceedance of a
National Ambient Air Quality Standard adopted under OAR chapter 340, division
202.
(4) Any person who
fails to submit any relevant facts or who has submitted incorrect information
in a permit application must, upon becoming aware of such failure or incorrect
submittal, promptly submit such supplementary facts or corrected
information.
(5) Permit
applications must be completed in full and signed by the applicant or the
applicant's legally authorized representative.
(6) When a permit application is subject to
Major NSR under OAR chapter 340, division 224, a copy of the permit
application, including all supplemental and supporting information, must also
be submitted directly to the EPA.
(7) The name of the applicant on a permit
application must be the legal name of the facility's owner, the owner's agent
or the lessee responsible for the operation and maintenance of the facility.
The legal name must be registered with the Oregon Secretary of State
Corporations Division, unless the applicant is an individual person that is
operating the facility or applying for the permit, and is not doing so under an
assumed business name.
(8) All
permit applications must include the appropriate fees as specified in OAR
340-216-8020 and OAR
340-216-8030.
(9) Permit applications that are obviously
incomplete, unsigned, improperly signed, or lacking the required exhibits or
fees will be rejected by DEQ and returned to the applicant for
completion.
(10) Within 15 days
after receiving the application, DEQ will preliminarily review the application
to determine the adequacy of the information submitted, and:
(a) If DEQ determines that additional
information is needed, DEQ will promptly ask the applicant for the needed
information and provide the applicant with a written request to provide such
information by a date, not to exceed a 60-day period;
(b) An applicant may request an extension of
time from a deadline established in subsection (a) by providing DEQ with a
written request 15 days prior to the submittal deadline. DEQ may grant an
extension based on the following criteria:
(A)
The applicant has demonstrated progress in completing the submittal;
and
(B) A delay is necessary, for
good cause shown by the applicant, related to obtaining more accurate or new
data, performing additional analyses, or addressing changes in operations or
other key parameters, any of which are likely to have a substantive impact on
the outcomes of the submittal;
(c) If DEQ determines it is not able to
approve the applicant's submittal, or if the applicant does not timely provide
additional information or corrections requested by DEQ under subsection (a),
then in addition to any other remedies available, DEQ may issue a proposed
denial of the application under OAR
340-209-0080(6);
(d) If DEQ has determined that additional
information or corrections are necessary under subsection (a), and except as
provided in subsection (c), DEQ will not consider the application to be
complete for processing until DEQ has received the requested information;
and
(e) When DEQ has determined
that the information in an application is adequate for processing, DEQ will so
notify the applicant in writing.
(11) If at any time while processing the
permit application, DEQ determines that additional information is needed, DEQ
will follow the procedures in section (10) to request such
information.
(12) If, upon review
of an application, DEQ determines that a permit is not required, DEQ will so
notify the applicant in writing. Such notification is a final action by DEQ on
the application.
[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 or 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, 468.065, 468A.025, 468A.040, 468A.310 & 468A.315
Statutes/Other Implemented: ORS 468 & 468A
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