Current through Register Vol. 63, No. 3, March 1, 2024
(1) When required to demonstrate compliance
with OAR 340-245-0040, 340-245-0050, 340-245-0060, or 340-245-0100 the owner or
operator of a source must submit to DEQ all information and specific activity
fees under OAR 340-216-8030 Table 3 required by, and by the deadlines specified
in, subsections (a) through (h), as applicable, except as allowed under section
(3). The owner or operator of a new or reconstructed source must also submit
the following information but the time deadlines in subsections (a) through h)
do not apply.
(a)
(A) An emissions inventory under OAR
340-245-0040 that will be used in the risk assessment must be submitted to DEQ
no later than 90 days after the DEQ notice date; and
(B) For an existing source, if the owner or
operator is submitting DEQ-approved source test data to supplement the
emissions inventory, the updated emissions inventory must be submitted to DEQ
no later than 150 days after the DEQ notice date. The owner or operator must
also submit a modeling protocol and Level 3 or Level 4 Risk Assessment work
plan prior to or concurrent with the submission of source test data, if
applicable;
(b) The
modeling protocol under OAR 340-245-0210 must be submitted to DEQ no later than
30 days after receiving DEQ approval of the emissions inventory under
subsection (a);
(c) The Level 3 or
Level 4 Risk Assessment work plan under OAR 340-245-0210 must be submitted to
DEQ no later than 60 days after receiving DEQ approval of the updated emissions
inventory under subsection (a);
(d)
Risk Assessments required under OAR 340-245-0050(8) through (11) must be
submitted to DEQ in accordance with the following deadlines:
(i) A Level 1 or Level 2 Risk Assessment
under OAR 340-245-0050(8) or (9) must be submitted to DEQ no later than 60 days
after DEQ approval of the modeling protocol required under subsection
(b);
(ii) A Level 3 Risk Assessment
under OAR 340-245-0050(10) must be submitted to DEQ no later than 120 days
after DEQ approval of the Level 3 Risk Assessment work plan required under
subsection (c);
(iii) A Level 4
Risk Assessment under OAR 340-245-0050(11) must be submitted to DEQ no later
than 150 days after DEQ approval of the Level 4 Risk Assessment work plan
required under subsection (c);
(iv)
In the case where DEQ has performed a preliminary risk assessment based on the
approved emissions inventory, modeling protocol, and Risk Assessment work plan
(if applicable) required under OAR 340-245-0050(1), and has determined that
risk from an existing source may exceed the Immediate Curtailment Level, DEQ
may:
(I) Reduce the Risk Assessment submittal
deadline to a period of no less than 30 days for chronic risk or 15 days for
acute risk, unless a shorter deadline is agreed to in writing between DEQ and
the source; or
(II) Require
submittal of information, by a date certain, sufficient to demonstrate that the
source risk will not exceed the Immediate Curtailment Level, including but not
limited to a revised emissions inventory.
(e) If risk from the source is greater than
the Immediate Curtailment Level, a report describing the immediate action taken
by the owner or operator to reduce risk to below the Immediate Curtailment
Level as required under OAR 340-245-0130(7) must be submitted to DEQ no later
than seven days after DEQ approval of a Level 3 Risk Assessment or a Level 4
Risk Assessment under subsection (d)(ii), (iii), or (iv);
(f) A Toxic Air Contaminant Monitoring Plan
under OAR 340-245-0230 and an application for a Toxic Air Contaminant Permit
Addendum under OAR 340-245-0100 must be submitted to DEQ no later than 30 days
after DEQ approval of a Level 3 Risk Assessment or a Level 4 Risk Assessment
under subsection (d)(ii), (iii), or (iv);
(g) A Risk Reduction Plan under OAR
340-245-0130 and an application for a Toxic Air Contaminant Permit Addendum
under OAR 340-245-0100 must be submitted to DEQ no later than 30 days after DEQ
approval of a Level 3 or a Level 4 Risk Assessment under subsection (d)(ii),
(iii), or (iv); and
(h) For owners
or operators that are not required to submit a Risk Reduction Plan and who do
not choose to perform air monitoring, an application for a Toxic Air
Contaminant Permit Addendum under OAR 340-245-0100 must be submitted to DEQ
within 30 days after DEQ approval of any level of risk assessment, whichever is
applicable.
(2) Upon
receipt of a submittal described in section (1), DEQ will review the submittal
and if DEQ determines that any additional information, corrections, or updates
are required in order to approve the submittal, then DEQ will provide the owner
or operator with a written request to provide such information by a date
certain.
(3) An owner or operator
may request an extension of time from a deadline established in section (1) or
section (2) by providing DEQ with a written request no fewer than 15 days prior
to the submittal deadline. DEQ may grant an extension based on the following
criteria:
(a) The owner or operator has
demonstrated progress in completing the submittal; and
(b) A delay is necessary, for good cause
shown by the owner or operator, 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.
(4) If DEQ determines it is not able to
approve the owner or operator's submittal, or if the owner or operator does not
timely provide additional information or corrections requested by DEQ, then in
addition to any other remedies available, DEQ may:
(a) With sufficient factual basis, modify the
information provided by the owner or operator, approve it as modified, and the
owner or operator must pay the document modification fee in OAR 340-216-8030
Table 3; or
(b) Inform the owner or
operator of the deficiency, and provide the owner or operator with a revised
deadline to submit the needed information.
(5) Recordkeeping. The owner or operator of a
source that provides DEQ with any information related to a risk assessment
completed under this rule must retain all of its records related to the risk
assessment for five years from the date the information is submitted to
DEQ.
Statutory/Other Authority: ORS
468.020,
468.065,
468A.025,
468A.040,
468A.050,
468A.070,
468A.155,
468A.135,
468A.337 & 468A.345
Statutes/Other Implemented: 468.065, 468A.025, 468A.040,
468A.050, 468A.070, 468A.155, 468A.010, 468A.015, 468A.035, 468A.337, 468A.345,
468A.335 & 468A.343