Or. Admin. Code § 340-271-0150 - Covered Entity Permit Requirements
(1) A person described in either or both OAR
340-271-0110(3) or
(4) must apply for a CPP permit as provided
in this section.
(a) The person must apply
for a CPP permit according to subsections (b) and (c) by the following
deadlines:
(A) If DEQ notifies the person in
writing that the person is a covered fuel supplier, then the person must apply
to DEQ for a CPP permit within 30 days of the notification or by another date
DEQ specifies in the notification that is at least 30 days after the date of
the notification;
(B) If DEQ does
not provide a notification according to paragraph (A), then the person must
apply to DEQ for a CPP permit by April 15 of the year after the calendar year
that the person becomes a covered fuel supplier; or
(C) If there was a change in ownership or
operational control according to OAR
340-271-0120(2),
then the person must apply to DEQ for a CPP permit within 45 days of the change
in ownership or operational control.
(b) A person that submits a CPP permit
application to DEQ must submit a complete and accurate application. The
application for a CPP permit must be submitted to DEQ using a form approved by
DEQ and include:
(A) Identifying information
about the covered fuel supplier including name, full mailing address, and
website, and designated representative's contact information including name,
title or position, phone number, and email address;
(B) If the person is a covered fuel supplier
that is not a local distribution company, information about each related entity
required to report emissions according to OAR chapter 340, division 215,
including legal name, full mailing address, and whether each is a covered fuel
supplier and holds a CPP permit; and
(C) The following attestation, signed by the
designated representative of the person considered a covered fuel supplier;
I certify under penalty of perjury under the laws of the State of Oregon that to the best of my knowledge and belief, the information provided in this form is true, accurate, and complete. [Covered entity] meets the Climate Protection Program applicability requirements described in OAR 340-271-0110 and requests a permit with the understanding that [covered entity] must comply with such permit as provided in Oregon Administrative Rules chapter 340, division 271.
(c) DEQ may
issue a CPP permit to a covered fuel supplier that submits a complete and
accurate application. The permit may contain all applicable provisions of this
division and such other conditions as DEQ determines are necessary to
implement, monitor and ensure compliance with this
division.
(2) New and
modified stationary sources
(a) The owner or
operator of a new source that is a covered stationary source may not emit any
covered emissions prior to being issued a BAER order and a permit as described
in subsection (3)(c).
(b) The owner
or operator of an existing source that is proposing a modification and is
required to complete a BAER assessment under OAR
340-271-0310(1)(c)
may not construct the modification or emit any covered emissions from the
modification prior to being issued a BAER order and approved permit
modification as described in subsection (3)(d).
(3)
(a) The
owner or operator of an existing covered stationary source required to apply
for a CPP permit addendum according to OAR
340-271-0330(1)
must submit a complete and accurate application to DEQ or LRAPA, as applicable,
that complies with and includes information identified in this section. The
application must include the following:
(A)
Identifying information about the covered stationary source, including name and
the name of the person that owns or operates the covered stationary source,
full mailing address, the physical address of the covered stationary source,
and a description of the nature of business being operated, the name, phone
number and email address of the designated representative who is responsible
for compliance with the permit, the permit number for an existing source, and
the SIC or NAICS code of the covered stationary source;
(B) The name of a person authorized to
receive requests from DEQ for additional data and information;
(C) The date DEQ notified the owner or
operator of the covered stationary source of the BAER order established
according to OAR 340-271-0320;
(D) A BAER implementation plan that includes
the following:
(i) Identification of the
actions that the owner or operator of the covered stationary source will take
to comply with the BAER order; and
(ii) The schedule for implementing the
requirements in the BAER order, consistent with any deadlines provided by DEQ
in the BAER order, if applicable, and including an estimate of when all
requirements from the BAER order will be completed;
(E) Any other information requested by DEQ;
and
(F) The following attestation,
signed by the designated representative of the covered stationary source;
I certify under penalty of perjury under the laws of the State of Oregon that to the best of my knowledge and belief, the information provided in this form is true, accurate, and complete. [Covered entity] meets the Climate Protection Program applicability requirements described in OAR 340-271-0110 and requests a permit with the understanding that [covered entity] must comply with such permit as provided in Oregon Administrative Rules chapter 340, division 271.
(b) DEQ or
LRAPA, as applicable, may issue a CPP permit addendum to the owner or operator
of a covered stationary source that submits a complete and accurate permit
modification application under subsection (a), consistent with the requirements
of OAR chapter 340, divisions 216 and 218, as applicable. The CPP permit
addendum will be issued as a Category II permit action according to OAR chapter
340, division 209. A CPP permit addendum will amend the covered stationary
source's Air Contaminant Discharge Permit or Title V Operating Permit. The CPP
permit addendum will contain all applicable provisions of this division and
such other conditions as DEQ or LRAPA, as applicable, determines are necessary
to implement, monitor and ensure compliance with the permit and this
division.
(c) If DEQ or LRAPA
approves an application for an Air Contaminant Discharge Permit or Title V
Operating Permit submitted by the owner or operator of a new source, then DEQ
or LRAPA, as applicable, will incorporate the CPP conditions into the new Air
Contaminant Discharge Permit or Title V Operating Permit and will not issue a
separate CPP permit addendum. Such CPP conditions will include all applicable
provisions of this division and such other conditions as DEQ or LRAPA, as
applicable, determines are necessary to implement, monitor and ensure
compliance with the permit and this division.
(d) If DEQ or LRAPA approves an application
for a modification of an Air Contaminant Discharge Permit or Title V Operating
Permit submitted by the owner or operator of an existing source that is
required to undertake a BAER assessment described in OAR
340-271-0310(1)(c),
then DEQ or LRAPA, as applicable, will incorporate the CPP conditions into the
modified Air Contaminant Discharge Permit or Title V Operating Permit and will
not issue a separate CPP permit addendum. Such CPP conditions will include all
applicable provisions of this division and such other conditions as DEQ or
LRAPA, as applicable, determines are necessary to implement, monitor and ensure
compliance with the permit and this division.
Notes
Statutory/Other Authority: ORS 468.020, 468A.025, 468A.040 & 468A.135
Statutes/Other Implemented: ORS 468.020, 468A.025, 468A.040, 468A.135, 468.035, 468A.010, 468A.015 & 468A.045
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