Or. Admin. Code § 340-218-0050 - Standard Permit Requirements
Each permit issued under this division must include the following elements:
(1) Emission
limitations and standards, including those operational requirements and
limitations that assure compliance with all applicable requirements at the time
of permit issuance:
(a) The permit must
specify and reference the origin of and authority for each term or condition,
and identify any difference in form as compared to the applicable requirement
upon which the term or condition is based;
(b) For sources regulated under the national
acid rain program, the permit must state that, where an applicable requirement
of the FCAA or state rules is more stringent than an applicable requirement of
regulations promulgated under Title IV of the FCAA, both provisions must be
incorporated into the permit and will be enforceable by the EPA;
(c) For any alternative emission limit
established using OAR
340-226-0400, the permit must
contain an equivalency determination and provisions to ensure that any
resulting emissions limit has been demonstrated to be quantifiable,
accountable, enforceable, and based on replicable
procedures.
(2) Permit
duration. DEQ will issue permits for a fixed term of 5 years in the case of
affected sources, and for a term not to exceed 5 years in the case of all other
sources.
(3) Monitoring and related
recordkeeping and reporting requirements:
(a)
Each permit must contain the following requirements with respect to monitoring:
(A) A monitoring protocol to provide accurate
and reliable data that:
(i) Is representative
of actual source operation;
(ii) Is
consistent with the averaging time in the permit emission limits;
(iii) Is consistent with monitoring
requirements of other applicable requirements; and
(iv) Can be used for compliance certification
and enforcement.
(B) All
emissions monitoring and analysis procedures or test methods required under
applicable monitoring and testing requirements, including OAR
340-212-0200 through
340-212-0280 and any other
procedures and methods that may be promulgated pursuant to sections 504(b) or
114(a)(3) of the FCAA. If more than one monitoring or testing requirement
applies, the permit may specify a streamlined set of monitoring or testing
provisions provided the specified monitoring or testing is adequate to assure
compliance at least to the same extent as the monitoring or testing applicable
requirements that are not included in the permit as a result of such
streamlining;
(C) Where the
applicable requirement does not require periodic testing or instrumental or
noninstrumental monitoring (which may consist of recordkeeping designed to
serve as monitoring), periodic monitoring sufficient to yield reliable data
from the relevant time period that are representative of the source's
compliance with the permit, as reported pursuant to OAR
340-218-0050(3)(c).
Such monitoring requirements must assure use of terms, test methods, units,
averaging periods, and other statistical conventions consistent with the
applicable requirement. Continuous monitoring and source testing must be
conducted using the DEQ Continuous Monitoring Manual and the Source Sampling
Manual, respectively. [NOTE: DEQ manuals are published with OAR
340-200-0035.] Other monitoring
must be conducted using DEQ approved procedures. The monitoring requirements
may include but are not limited to any combination of the following:
(i) Continuous emissions monitoring systems
(CEMS);
(ii) Continuous opacity
monitoring systems (COMS);
(iii)
Continuous parameter monitoring systems (CPMS);
(iv) Continuous flow rate monitoring systems
(CFRMS);
(v) Source
testing;
(vi) Material
balance;
(vii) Engineering
calculations;
(viii) Recordkeeping;
or
(ix) Fuel analysis;
and
(D) As necessary,
requirements concerning the use, maintenance, and, where appropriate,
installation of monitoring equipment or methods;
(E) A condition that prohibits any person
from knowingly rendering inaccurate any required monitoring device or
method;
(F) Methods used in OAR 340
division 220 to determine actual emissions for fee purposes must also be used
for compliance determination and can be no less rigorous than the requirements
of OAR 340-218-0080. The compliance
monitoring protocol must include the method used to determine the amount of
actual emissions;
(G) Monitoring
requirements must commence on the date of permit issuance unless otherwise
specified in the permit.
(b) With respect to recordkeeping, the permit
must incorporate all applicable recordkeeping requirements and require, where
applicable, the following:
(A) Records of
required monitoring information that include the following:
(i) The date, place as defined in the permit,
and time of sampling or measurements;
(ii) The date analyses were
performed;
(iii) The company or
entity that performed the analyses;
(iv) The analytical techniques or methods
used;
(v) The results of such
analyses;
(vi) The operating
conditions as existing at the time of sampling or measurement; and
(vii) The records of quality assurance for
continuous monitoring systems (including but not limited to quality control
activities, audits, calibrations drifts).
(B) Retention of records of all required
monitoring data and support information for a period of at least 5 years from
the date of the monitoring sample, measurement, report, or application. Support
information includes all calibration and maintenance records and all original
strip-chart recordings for continuous monitoring instrumentation, and copies of
all reports required by the permit;
(C) Recordkeeping requirements must commence
on the date of permit issuance unless otherwise specified in the
permit.
(c) With respect
to reporting, the permit must incorporate all applicable reporting requirements
and require the following:
(A) Submittal of
three (3) copies of reports of any required monitoring at least every 6 months,
completed on forms approved by DEQ. Unless otherwise approved in writing by
DEQ, six-month periods are January 1 to June 30, and July 1 to December 31. The
reports required by this rule must be submitted within 30 days after the end of
each reporting period, unless otherwise approved in writing by DEQ. One copy of
the report must be submitted to the EPA, and two copies to DEQ's regional
office identified in the permit. All instances of deviations from permit
requirements must be clearly identified in such reports:
(i) The semi-annual report will be due on
July 30, unless otherwise approved in writing by DEQ, and must include the
semi-annual compliance certification, OAR
340-218-0080;
(ii) The annual report will be due on
February 15, unless otherwise approved in writing by DEQ, but may not be due
later than March 15, and must consist of the annual reporting requirements as
specified in the permit; the emission fee report; the emission statement, if
applicable, OAR 340-214-0220; the annual
certification that the risk management plan is being properly implemented,
340-218-0050; and the
semi-annual compliance certification,
340-218-0080.
(B) Prompt reporting of deviations from
permit requirements that do not cause excess emissions, including those
attributable to upset conditions, as defined in the permit, the probable cause
of such deviations, and any corrective actions or preventive measures taken.
"Prompt" means within fifteen (15) days of the deviation. Deviations that cause
excess emissions, as specified in OAR
340-214-0300 through
340-214-0360 must be reported
under 340-214-0340;
(C) Submittal of any required source test
report within 30 days after the source test unless otherwise approved in
writing by DEQ or specified in a permit;
(D) All required reports must be certified by
a responsible official consistent with OAR
340-218-0040(5);
(E) Reporting requirements must commence on
the date of permit issuance unless otherwise specified in the
permit.
(d) DEQ may
incorporate more rigorous monitoring, recordkeeping, or reporting methods than
required by applicable requirements in an Oregon Title V Operating Permit if
they are contained in the permit application, are determined by DEQ to be
necessary to determine compliance with applicable requirements, or are needed
to protect human health or the environment.
(4) A permit condition prohibiting emissions
exceeding any allowances that the source lawfully holds under Title IV of the
FCAA or the regulations promulgated there under:
(a) No permit revision will be required for
increases in emissions that are authorized by allowances acquired pursuant to
the acid rain program, provided that such increases do not require a permit
revision under any other applicable requirement;
(b) No limit may be placed on the number of
allowances held by the source. The source may not, however, use allowances as a
defense to noncompliance with any other applicable requirement;
(c) Any such allowance must be accounted for
according to the procedures established in regulations promulgated under Title
IV of the FCAA.
(5) A
severability clause to ensure the continued validity of the various permit
requirements in the event of a challenge to any portions of the
permit.
(6) Provisions stating the
following:
(a) The permittee must comply with
all conditions of the Oregon Title V Operating Permit, including keeping a copy
of the permit onsite at the source. Any permit condition noncompliance
constitutes a violation of the FCAA and state rules and is grounds for
enforcement action; for permit termination, revocation and reissuance, or
modification; or for denial of a permit renewal application;
(b) The need to halt or reduce activity will
not be a defense. It will not be a defense for a permittee in an enforcement
action that it would have been necessary to halt or reduce the permitted
activity in order to maintain compliance with the conditions of this
permit;
(c) The permit may be
modified, revoked, reopened and reissued, or terminated for cause as determined
by DEQ. The filing of a request by the permittee for a permit modification,
revocation and reissuance, or termination, or of a notification of planned
changes or anticipated noncompliance does not stay any permit
condition;
(d) The permit does not
convey any property rights of any sort, or any exclusive privilege;
(e) The permittee must furnish to DEQ, within
a reasonable time, any information that DEQ may request in writing to determine
whether cause exists for modifying, revoking and reissuing, or terminating the
permit or to determine compliance with the permit. Upon request, the permittee
must also furnish to DEQ copies of records required to be kept by the permit
or, for information claimed to be confidential, the permittee may furnish such
records directly to the EPA along with a claim of confidentiality.
(7) A provision to ensure that an
Oregon Title V Operating Permit program source pays fees to DEQ consistent with
the fee schedule in OAR 340 division 220.
(8) Terms and conditions for reasonably
anticipated alternative operating scenarios identified by the owner or operator
in its application as approved by DEQ. Such terms and conditions:
(a) Must require the owner or operator,
contemporaneously with making a change from one operating scenario to another,
to record in a log at the permitted facility a record of the scenario under
which it is operating;
(b) Must
extend the permit shield described in OAR
340-218-0110 to all terms and
conditions under each such alternative operating scenario; and
(c) Must ensure that the terms and conditions
of each such alternative operating scenario meet all applicable requirements
and the requirements of this division.
(9) Terms and conditions, if the permit
applicant requests them, for the trading of emissions increases and decreases
in the permitted facility solely for the purpose of complying with the PSELs.
Such terms and conditions:
(a) Must include
all terms required under OAR
340-218-0050 and
340-218-0080 to determine
compliance;
(b) Must extend the
permit shield described in OAR
340-218-0110 to all terms and
conditions that allow such increases and decreases in emissions;
(c) Must ensure that the trades are
quantifiable and enforceable;
(d)
Must ensure that the trades are not Title I modifications;
(e) Must require a minimum 7-day advance,
written notification to DEQ and the EPA of the trade that must be attached to
DEQ's and the source's copy of the permit. The written notification must state
when the change will occur and must describe the changes in emissions that will
result and how these increases and decreases in emissions will comply with the
terms and conditions of the permit; and
(f) Must meet all applicable requirements and
requirements of this division.
(10) Terms and conditions, if the permit
applicant requests them, for the trading of emissions increases and decreases
in the permitted facility, to the extent that the applicable requirements
provide for trading such increases and decreases without a case-by-case
approval of each emission trade. Such terms and conditions:
(a) Must include all terms required under OAR
340-218-0050 and
340-218-0080 to determine
compliance;
(b) Must extend the
permit shield described in OAR
340-218-0110 to all terms and
conditions that allow such increases and decreases in emissions; and
(c) Must meet all applicable requirements and
requirements of this division.
(11) Terms and conditions allowing for
off-permit changes, OAR
340-218-0140(2).
(12) Terms and conditions allowing for
section 502(b)(10) changes, OAR
340-218-0140(3).
Notes
Publications referenced are available from the agency.
Statutory/Other Authority: ORS 468.020, 468.065, 468A.025, 468A.040, 468A.050, 468A.310 & 468A.315
Statutes/Other Implemented: ORS 468 & 468A
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