Current through Register Vol. 63, No. 3, March 1, 2024
(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.
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