Or. Admin. Code § 340-218-0110 - Permit Shield
(1) Except as
provided in this division, DEQ must expressly include in an Oregon Title V
Operating Permit a provision stating that compliance with the conditions of the
permit will be deemed compliance with any applicable requirements as of the
date of permit issuance, provided that:
(a)
Such applicable requirements are included and are specifically identified in
the permit; or
(b) DEQ, in acting
on the permit application or revision, determines in writing that other
requirements specifically identified are not applicable to the source, and the
permit includes the determination or a concise summary thereof.
(2) An Oregon Title V Operating
Permit that does not expressly state that a permit shield exists will be
presumed not to provide such a shield.
(4) Nothing in this rule
or in any Oregon Title V Operating Permit may alter or affect the following:
(a) The provisions of ORS
468.115 (enforcement in cases of
emergency) and ORS 468.035;
(b) The liability of an owner or operator of
a source for any violation of applicable requirements prior to or at the time
of permit issuance;
(c) The
applicable requirements of the national acid rain program, consistent with
section 408(a) of the FCAA; or
(d)
The ability of DEQ to obtain information from a source under ORS
468.095 (investigatory
authority, access to records).
(5) The permit shield does not apply to
conditions and requirements included in a Toxic Air Contaminant Permit Addendum
or included in an Oregon Title V Operating Permit under OAR
340-245-0005 through
340-245-8010.
Notes
Statutory/Other Authority: ORS 468.020, 468A.025, 468A.040 & 468A.310
Statutes/Other Implemented: ORS 468A
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