Current through Register Vol. 63, No. 3, March 1, 2024
(1)
Construction ACDP:
(a) A Construction ACDP may
be used for approval of Type 3 changes specified in OAR 340-210-0225 at a
source subject to the ACDP permit requirements in this division.
(b) A Construction ACDP is required for Type
3 changes specified in OAR 340-210-0225 at sources subject to the Oregon Title
V Operating Permit requirements.
(2) General ACDP. A General ACDP is a permit
for a category of sources for which individual permits are unnecessary in order
to protect the environment, as determined by DEQ. An owner or operator of a
source may be assigned to a General ACDP if DEQ has issued a General ACDP for
the source category and:
(a) The source meets
the qualifications specified in the General ACDP;
(b) DEQ determines that the source has not
had ongoing, recurring, or serious compliance problems; and
(c) DEQ determines that a General ACDP would
appropriately regulate the source.
(3) Short Term Activity ACDP. A Short Term
Activity ACDP is a letter permit that authorizes the activity and includes any
conditions placed upon the method or methods of operation of the activity. DEQ
may issue a Short Term Activity ACDP for activities included in OAR
340-216-0054.
(4) Basic ACDP. A
Basic ACDP is a permit that authorizes the regulated source to operate in
conformance with the rules contained in OAR chapter 340, divisions 200 to 272.
(a) Owners and operators of sources and
activities listed in Part A of OAR 340-216-8010 must at a minimum obtain a
Basic ACDP.
(b) Any owner or
operator of a source required to obtain a Basic ACDP may choose to obtain
either a Simple or Standard ACDP.
(5) Simple ACDP.
(a) Owners and operators of sources and
activities listed in OAR 340-216-8010 Part B that do not qualify for a General
ACDP and are not required to obtain a Standard ACDP must, at a minimum, obtain
a Simple ACDP. The owner or operator of a source required to obtain a Simple
ACDP may choose to obtain a Standard ACDP.
(b) A Simple ACDP is a permit that contains:
(A) All relevant applicable requirements for
source operation, including general ACDP conditions for incorporating generally
applicable requirements;
(B) PSELs
at less than the SER for all regulated pollutants emitted at more than the de
minimis emission level according to OAR chapter 340, division 222;
and
(C) Testing, monitoring,
recordkeeping, and reporting requirements sufficient to determine compliance
with the PSEL and other emission limits and standards, as
necessary.
(6)
Standard ACDP:
(a) Applicability.
(A) The owner or operator of a source listed
in Part C of OAR 340-216-8010 must obtain a Standard ACDP;
(B) The owner or operator of a source listed
in Part B of OAR 340-216-8010 that does not qualify for a General ACDP or
Simple ACDP must obtain a Standard ACDP;
(C) The owner or operator of a source not
required to obtain a Standard ACDP may choose to apply for a Standard
ACDP.
(b) A Standard ACDP
is a permit that contains:
(A) All applicable
requirements, including general ACDP conditions for incorporating generally
applicable requirements;
(B) PSELs
for all regulated pollutants emitted at more than the de minimis emission level
according to OAR chapter 340, division 222; and
(C) Testing, monitoring, recordkeeping, and
reporting requirements sufficient to determine compliance with the PSEL and
other emission limits and standards, as
necessary.
(7)
(a) Notwithstanding the other provisions of
this division that establish the eligibility of a source for different types of
ACDPs, DEQ may determine, pursuant to the standards described in subsection
(b), that the owner or operator of a source is ineligible for certain types of
ACDP and must be issued a different type of ACDP;
(b) DEQ will make a determination about which
type of ACDP that the owner or operator of source must obtain based upon the
following considerations:
(A) The nature,
extent, toxicity and impact on human health and the environment of the source's
emissions;
(B) The complexity of
the source and the rules applicable to that source;
(C) The complexity of the emission controls,
potential threat to human health and the environment if the emission controls
fail, and the source's capacity;
(D) The location of the source and its
proximity to places where people live and work; and
(E) The compliance history of the source,
including by the source's:
(i) Current
corporate officers, managers, members of the board of directors, general
partners or similar persons, provided that the person exercises or will
exercise substantial control on behalf of or over the facility that is the
subject of the application or permit;
(ii) Parent corporations, or similar business
entities, that exercise substantial control over the facility that is the
subject of the application or permit; and
(iii) Subsidiary corporations, or similar
business entities, over which the applicant or permittee exercises substantial
control.
[NOTE: This rule is included in the State of Oregon Clean Air
Act Implementation Plan as adopted by the EQC under OAR 340-211-0040.]
[NOTE: All tables are found in OAR 340-216-8010, -8020,
-8030.]
Tables referenced are available from the
agency.
Statutory/Other Authority: ORS
468.020,
468A.025,
468A.040 & 468A.310
Statutes/Other Implemented: ORS
468A.025,
468A.040 &
468A.310
