Current through Register Vol. 63, No. 3, March 1, 2024
(1) Purpose and Intent.
(a) A Toxic Air Contaminant Permit Addendum
or conditions included in an operating permit to comply with this division are
used to:
(A) Authorize the owner or operator
of a source to construct or modify TEUs that discharge toxic air
contaminants;
(B) Authorize the
owner or operator of a source to discharge toxic air contaminants subject to
enforceable permit requirements, limitations, and conditions, including to:
(i) Establish enforceable risk limits for the
purpose of limiting the risk from toxic air contaminants from a
source;
(ii) Approve, modify and
implement a Risk Reduction Plan and require the owner or operator of a source
to implement the ongoing requirements; and
(iii) Approve, modify and implement a
Voluntary Risk Reduction Plan and require the owner or operator of a source to
implement the ongoing requirements;
(C) Approve, modify and implement a Toxic Air
Contaminant Monitoring Plan; and
(D) Approve postponement of risk
reduction;
(b) A Toxic
Air Contaminant Permit Addendum:
(A) For the
owner or operator of a source with a General Air Contaminant Discharge Permit,
is issued as a source-specific addendum to the operating permit and will not be
incorporated into the operating permit;
(B) For the owner or operator of a source
with an operating permit other than a General Air Contaminant Discharge Permit:
(i) Is issued to the owner or operator as an
addendum to the operating permit and will be incorporated into the operating
permit at the time of a permit modification or renewal that subjects all permit
conditions to the Category II or Category III public notice procedure in OAR
chapter 340, division 209; or
(ii)
Will not be issued when the toxic air contaminant permit conditions are
incorporated directly into an operating permit after such changes were subject
to a public notice period under OAR chapter 340, division 209.
(C) May not be issued to an owner
or operator before the source has obtained an operating permit; and
(D) May not be issued in lieu of an otherwise
required operating or construction permit.
(2) A Toxic Air Contaminant Permit Addendum
amends a source's operating permit, but if the terms of such addendum and the
operating permit contain any limit or restriction applicable to the same
emissions or processes, then the owner or operator must comply with the more
stringent limit or restriction.
(3)
Application Requirements. An owner or operator requesting a new or modified
Toxic Air Contaminant Permit Addendum must submit an application that includes
all of the information specified in subsections (3)(a) through (n) as well as
the relevant information required under OAR 340-245-0050. The owner or operator
must submit all required information by the submittal deadlines in OAR
340-245-0030, certified by a responsible official that the information
submitted is true, accurate, and complete. The owner or operator must submit to
DEQ one paper copy and one electronic copy of the application.
(a) Identifying information, including the
name of the person that owns or operates the source, the owner's or operator's
mailing address, the source address, and a description of the nature of
business being operated, the name, phone number and email address of the
primary contact at the source who is responsible for compliance with the
permit, the permit number for an existing source, and the SIC or NAICS code of
the source;
(b) The name of a
person authorized to receive requests from DEQ for additional data and
information;
(c) For owners or
operators of sources with Basic or General Air Contaminant Discharge Permits,
an emissions inventory required under OAR 340-245-0040(4)(a);
(d) For owners or operators of sources with
Title V, Standard, or Simple Air Contaminant Discharge Permits, an emissions
inventory required under OAR 340-245-0040(4)(a) and (b);
(e) Where the operation or maintenance of air
pollution control devices and emission reduction processes can be adjusted or
varied from the highest reasonable efficiency and effectiveness, information
necessary for DEQ to establish operational and maintenance requirements under
OAR 340-226-0120(1) and (2);
(f)
The final DEQ-approved modeling protocol required under OAR
340-245-0210;
(g) The final
DEQ-approved Level 3 or Level 4 Risk Assessment work plan required under OAR
340- 245-0210, if applicable;
(h)
The final DEQ-approved risk assessment required under OAR
340-245-0050;
(i) Information
sufficient to demonstrate that a TEU meets TBACT or TLAER under OAR
340-245-0220, if applicable;
(j)
For sources whose risk is greater than or equal to the TBACT Level before any
additional risk reduction measures are considered, a pollution prevention
analysis that meets the requirements of OAR 340-245-0140;
(k) The final DEQ-approved Risk Reduction
Plan under OAR 340-245-0130, if applicable;
(l) The final DEQ-approved postponement of
risk reduction under OAR 340-245-0150, if applicable;
(m) The final DEQ-approved Toxic Air
Contaminant Monitoring Plan under OAR 340-245-0230, if applicable;
and
(n) Any other information
requested by DEQ.
(4)
Application review and processing.
(a) DEQ
shall use the procedures in OAR 340-245-0030 to review an application submitted
under this rule to determine its completeness, consider extension requests, and
request additional information, if needed;
(b) If DEQ determines that a Toxic Air
Contaminant Permit Addendum is not required during review of an application, or
at any time during application processing, DEQ will notify the applicant in
writing;
(c) When DEQ has approved
an application for a Toxic Air Contaminant Permit Addendum or operating permit,
DEQ will prepare a review report and either draft Toxic Air Contaminant Permit
Addendum or a draft operating permit with conditions that comply with this
division;
(d) Prior to initiating
any public notice procedure required under OAR 340-245-0050, DEQ will provide a
copy of the draft Toxic Air Contaminant Permit Addendum or operating permit to
the owner or operator and will provide the owner or operator 14 days to review
and provide feedback to DEQ. DEQ may grant an extension for review of the draft
permit addendum or operating permit for good cause shown by the owner or
operator. Following consideration of comments from the owner or operator, DEQ
may revise the draft Toxic Air Contaminant Permit Addendum or operating permit
before placing it on public notice; and
(e) Public notice requirements for issuance
of a Toxic Air Contaminant Permit Addendum or operating permit with conditions
required under this division.
(A) The minimum
public notice procedures for issuance are described in the applicable sections
of OAR 340-245-0050. DEQ may enhance the public notice procedures at its
discretion;
(B) When required to
provide public notice, DEQ will make available to the public the draft Toxic
Air Contaminant Permit Addendum or operating permit and a review report that
sets forth the legal and factual basis for the permit conditions, including
references to the applicable regulatory provisions, the source's most recent
risk assessment results, and the level of risk assessment that the source used
to perform the risk assessment; and
(C) Prior to determining whether to issue,
revise, or deny a Toxic Air Contaminant Permit Addendum or an operating permit
with conditions required under this division, DEQ must consider public comments
it receives under the applicable public notice procedures that are relevant to
the draft permit addendum or operating permit and within the scope of DEQ's
authority.
(5) DEQ may not issue a Toxic Air Contaminant
Permit Addendum or an operating permit for a source if:
(a) The owner or operator of a proposed new
or reconstructed source does not comply with OAR 340- 245-0050, 340-245-0060
and this rule, as applicable;
(b)
DEQ determines that the emissions from a proposed new or reconstructed source
would result in risk at any exposure location that will exceed a Permit Denial
Level; or
(c) DEQ determines that
the emissions from an existing source would result in risk at any exposure
location that will exceed the Immediate Curtailment Risk Action
Level.
(6) Content of a
Toxic Air Contaminant Permit Addendum or Operating Permit Conditions. A Toxic
Air Contaminant Permit Addendum or an operating permit with conditions required
under this division must:
(a) Identify the
name of the person that owns or operates the source, the owner's or operator's
mailing address, the source address, and a description of the nature of
business being operated, the name, phone number and email address of the
primary contact at the source who is responsible for compliance with the
permit, the permit number for an existing source, and the SIC or NAICS code of
the source;
(b) Include a list of
all TEUs that are subject to a Toxic Air Contaminant Permit Addendum or
operating permit conditions required under this division, including all exempt
TEUs and aggregated TEUs;
(c)
Include permit conditions that contain Source Risk Limits to implement the
requirements specified in OAR 340-245-0110;
(d) Establish or revise any operating limits
or conditions necessary under this division, including annual or short-term
toxic air contaminant emission limits, conditions to limit risk from TEUs or
the entire source, and operational limits for toxic air contaminants, including
limits or levels that are equipment specific, process specific, TEU-specific,
or that apply to the entire source;
(e) Include testing, monitoring,
recordkeeping, and reporting requirements sufficient to determine compliance
with all limits or requirements in the Toxic Air Contaminant Permit Addendum or
the operating permit conditions required under this division, as
necessary;
(f) At the discretion
and option of the owner or operator, include a description of the owner's or
operator's plans to continue its community engagement activities after DEQ has
completed its notification requirements;
(g) Include a compliance schedule, as
necessary, to ensure compliance or progress toward compliance with the
requirements in this division;
(h)
Include other limits and requirements, as necessary, to ensure compliance with
this division; and
(i) Include a
condition that requires the owner or operator to provide an annual report to
DEQ.
(7) Reporting
Requirements. The owner or operator must submit a report at least annually to
DEQ to demonstrate compliance with all conditions required under this division
that are included in a Toxic Air Contaminant Addendum or an operating permit.
The report must include:
(a) Twice-annual
progress reports required under a Risk Reduction Plan under OAR
340-245-0130;
(b) Periodic TBACT or
TLAER update reports required under OAR 340-245-0220(5);
(c) Verification there has not been a change
in zoning within 1.5 kilometers of the source and, if so, whether that change
increases the source risk;
(d)
Documentation showing that, for any area that the source demonstrated in its
risk assessment was not used in a manner allowed by the land use zoning
applicable to the area as allowed under OAR 340-245-0210, the area continues to
not be used in the manner allowed by the land use zoning applicable to the
area; and
(e) Any other information
required to be reported by a condition in the Toxic Air Contaminant Permit
Addendum or an operating permit.
(8) Procedures to Modify Toxic Air
Contaminant Permit Conditions. If the Toxic Air Contaminant Permit Addendum has
not been incorporated into the operating permit, the following procedures must
be followed for modifications to existing Toxic Air Contaminant Permit Addenda.
Otherwise, the owner or operator must apply for an operating permit
modification under OAR 340 division 216 or 218 using the procedures in this
division for the following modifications:
(a)
Modifications initiated by the owner or operator. An owner or operator must
submit an application for modification before making any change described in
paragraphs (a)(A) through (H) and that would result in a violation of a
condition of the Toxic Air Contaminant Permit Addendum or an operating permit
condition required under this division;
(A)
Construct or modify a TEU that is:
(i) Exempt
under OAR 340-245-0060(4)(c)(A);
(ii) Aggregate under OAR
340-245-0060(4)(c)(B); or
(iii)
Significant under OAR 340-245-0060(4)(c)(C);
(B) Modify an established Source Risk Limit
or any risk limits or conditions necessary under this division;
(C) Request an extension to a compliance
date. The owner or operator must submit the application for extension at least
90 days before the compliance date specified in the current Toxic Air
Contaminant Permit Addendum or operating permit. Criteria for granting any
extension include the following:
(i) The owner
or operator has a clear plan towards meeting the Source Risk Limit;
(ii) The owner or operator has made
demonstrated progress towards meeting the requirements that are the subject of
the extension request; and
(iii)
The owner or operator has submitted documentation proving that the delay is due
to reasonably unforeseeable events beyond their control;
(D) Modify any physical feature of the source
that was used as a modeling parameter in the risk assessment and that affects
the results of the risk assessment, such as but not limited to fence lines,
building heights, stack heights, or relocation of a TEU or stack by more than
10 meters;
(E) Terminate
postponement of risk reductions;
(F) Modified zoning or land use. The owner or
operator must submit an application for modification under this division and
revise the risk assessment submitted under OAR 340-245-0050 no later than 60
days after the following:
(i) The zoning in
the area within a distance of 1.5 kilometers of a source has changed in a way
that could increase risk;
(ii) Land
use has changed in a way that could increase risk in areas where alternative
land use was previously approved for use in the risk assessment under OAR
340-245-0210(1)(a)(F);
(G) Modify air monitoring requirements;
and
(H) Revise or update the
approved risk assessment. An owner or operator must promptly submit a corrected
risk assessment upon becoming aware of the need for corrections or additional
information. This requirement is in addition to, and not in lieu of, a DEQ
decision to commence an enforcement action against such owner or operator for
such violation, as DEQ determines appropriate under the
circumstances;
(b)
Modifications required by DEQ. When notified in writing by DEQ, the owner or
operator must update or correct its previous risk assessment and submit an
application for a modification if:
(A) DEQ
determines through an investigation or file review that a previous risk
assessment contains errors or omissions that, when corrected, could increase
the risk;
(B) An RBC in OAR
340-245-8010 Table 2 has been added or lowered that would substantially impact
risk, implementation, or effectiveness of the Risk Reduction Plan;
(C) Risk assessment procedures change that
would substantially impact risk, implementation, or effectiveness of the Risk
Reduction Plan; and
(D) Results of
toxic air contaminant monitoring done by the owner or operator show higher risk
than any risk determined by the risk assessment;
(c) The owner or operator must submit a
complete application for modification, and pay the applicable modification fees
in subsection (g). If DEQ has provided notice to the owner or operator under
subsection (b), then the owner or operator must submit the necessary
information required under section (3) to DEQ 90 days after the date that DEQ
sends such written notice;
(d) DEQ
shall use the procedures in OAR 340-245-0030 to review a modification
application submitted under this rule to determine its completeness, consider
extension requests, and request additional information, if needed;
(e) When updating or correcting a risk
assessment, the owner or operator must consult with DEQ and must follow the
applicable risk assessment requirements in OAR 340-245-0050;
(f) When DEQ receives an application to
modify a Toxic Air Contaminant Permit Addendum or operating permit, DEQ will
use the following public notice procedures:
(A) Category III public notice procedures in
OAR chapter 340, division 209 if the change will:
(i) Increase source risk when an existing or
new facility's source risk is above the TBACT or TLAER Risk Action Level prior
to the modification, except when the source risk increase is from the addition
of an aggregated TEU;
(ii) Increase
source risk above a Risk Action Level that requires additional requirements
under this division;
(iii)
Establish a Risk Reduction Plan for termination of postponement of risk
reduction;
(iv) Extend any
compliance dates in a compliance schedule established in the permit;
or
(v) Significantly change
proposed control methods in a Risk Reduction Plan;
(B) Category I public notice procedures in
OAR chapter 340, division 209 for non-technical modifications and basic
technical modifications; or
(C)
Category II public notice procedures in OAR chapter 340, division 209 for all
other types of permit changes not described in paragraphs (A) and
(B);
(g) The fee for a
modification is:
(A) The Complex Technical
Modification fee under OAR 340-216-8020 Table Part 4 for modifications under
paragraph (f)(A);
(B) The Basic
Technical Modification fee or the Non-Technical Permit Modification fee under
OAR 340- 216-8020 Table 2 Part 4 for modifications under paragraph (f)(B);
or
(C) The Moderate Technical
Modification fee under OAR 340-216-8020 Table 2 Part 4 for modifications under
paragraph (f)(C).
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