Or. Admin. R. 340-216-0040

Current through Register Vol. 63, No. 6, June 1, 2024

Section 340-216-0040 - Application Requirements

(1) New Permits.

(a) Except for Short Term Activity ACDPs, any person required to obtain a new ACDP must provide a complete application with the following general information, as applicable, in addition to any other information required for a specific permit type. Complete applications must be submitted using electronic forms provided by DEQ, unless otherwise approved in writing by DEQ:

(A) Identifying information, including the name of the company, the mailing address, the facility address, and the nature of business, Standard Industrial Classification (SIC) code;

(B) The name and phone number of a local person responsible for compliance with the permit;

(C) The name of a person authorized to receive requests for data and information;

(D) A description of the production processes and related flow chart;

(E) A plot plan showing the location and height of all emissions units, devices and activities that emit to the atmosphere, including any air pollution control devices, and the nearest residential and commercial properties;

(F) Make, model, and identification name or number of each device, activity, and air pollution control device, if known;

(G) Exhaust parameters (e.g., stack height, diameter, temperature, flowrate, volume or area source dimensions) of each emissions unit, device, and air pollution control device that emits to the atmosphere;

(H) The type and quantity of fuels used;

(I) An estimate of the amount and type of each air contaminant emitted by the source in terms of hourly, daily, or monthly and yearly rates, showing calculation procedures;

(J) Any information on pollution prevention measures and cross-media impacts the applicant wants DEQ to consider in determining applicable control requirements and evaluating compliance methods;

(K) Estimated efficiency of air pollution control devices under present or anticipated operating conditions;

(L) 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 in OAR 340-226-0120(1) and (2);

(M) Land Use Compatibility Statement(s), when required by OAR chapter 340, division 018:

(i) Signed by the applicable local planning jurisdiction(s), determining that construction or modification of the source is compatible with applicable local jurisdiction's acknowledged comprehensive plan. If DEQ receives a LUCS which states that the proposed action is incompatible with the acknowledged comprehensive plan, DEQ shall notify the applicant that the application cannot be processed;

(ii) If the local planning jurisdiction declines to provide a LUCS determination in response to a request for a LUCS, the owner or operator must provide DEQ with its own analysis to demonstrate that the proposed action complies with all applicable statewide planning goals;

(N) The most recent information reported through EPA's Toxics Release Inventory program at the time of application submittal, if the source is subject to the program;

(O) An air quality analysis, conducted in accordance with the procedures in OAR chapter 340, division 225, demonstrating that the emissions, including reductions due to air pollution control devices or permitted limits on production capacity, will not cause or contribute to a new exceedance of a National Ambient Air Quality Standard adopted under OAR chapter 340, division 202;

(P) Any information required by OAR chapter 340, divisions 222, 224, 225, and 245, including but not limited to control technology and analysis and air quality analysis, conducted in accordance with the procedures in OAR chapter 340, division 225; and information related to offsets and net air quality benefit, if applicable;

(Q) Anticipated date of the commencement of construction (i.e., breaking ground); and

(R) Anticipated date of construction completion; and

(S) Any other information requested by DEQ.

(b) Owners or operators must submit complete applications for new permits in accordance with the timelines provided in subsection (2)(b), as well as OAR 340-245-0030, Cleaner Air Oregon submittal and payment deadlines, and OAR 340-224-0030, permit applications subject to New Source Review, to allow DEQ adequate time to process the application and issue a permit before it is needed.

(2) Permit Renewals. Any person who wants to renew an existing permit must submit a complete application using forms provided by DEQ, unless otherwise allowed in writing by DEQ.

(a) The renewal application must include:

(A) All information identified in subsection (1)(a) that has changed since the last permit renewal or issuance;

(B) A complete list of all devices and activities, or any combination of devices and activities, including all air pollution control devices, and all categorically insignificant activities;

(C) An estimate of the amount and type of each air contaminant emitted by the source in terms of hourly, daily, or monthly and yearly rates, showing calculation procedures;

(D) All changes to the source since the last permit issuance and all requirements applicable to those changes; and

(E) When required by DEQ, an air quality analysis, conducted in accordance with the procedures in OAR chapter 340, division 225, demonstrating that the source's emissions, including reductions due to air pollution control devices or permitted limits on production capacity, will not cause or contribute to a new exceedance of a National Ambient Air Quality Standard adopted under OAR chapter 340, division 202.

(b) The owner or operator must submit an application for renewal of the existing permit by no later than:

(A) 30 days prior to the expiration date of a Basic ACDP;

(B) 120 days prior to the expiration date of a Simple ACDP; or

(C) 180 days prior to the expiration date of a Standard ACDP.

(c) DEQ must receive an application for reassignment to General ACDPs and General ACDP attachments within 30 days prior to expiration of the General ACDPs or General ACDP attachments.

(3) Permit Modifications.

(a) An owner or operator applying for a modification of a Basic, Simple or Standard ACDP must provide the information in subsection (1)(a) relevant to the requested changes to the permit and a list of any requirements applicable to those changes.

(b) DEQ recommends that applicants for permit modifications consider the timelines provided in subsection (2)(b), as well as OAR 340-245-0030, Cleaner Air Oregon submittal and payment deadlines, and OAR 340-224-0030, permit applications subject to New Source Review, to allow DEQ adequate time to process the application and issue a permit before it is needed.

(c) When required by DEQ, the owner or operator must submit an air quality analysis demonstrating that the emissions, including reductions due to air pollution control devices or permitted limits on production capacity, will not cause or contribute to a new exceedance of a National Ambient Air Quality Standard adopted under OAR chapter 340, division 202.

(4) Any person who fails to submit any relevant facts or who has submitted incorrect information in a permit application must, upon becoming aware of such failure or incorrect submittal, promptly submit such supplementary facts or corrected information.

(5) Permit applications must be completed in full and signed by the applicant or the applicant's legally authorized representative.

(6) When a permit application is subject to Major NSR under OAR chapter 340, division 224, a copy of the permit application, including all supplemental and supporting information, must also be submitted directly to the EPA.

(7) The name of the applicant on a permit application must be the legal name of the facility's owner, the owner's agent or the lessee responsible for the operation and maintenance of the facility. The legal name must be registered with the Oregon Secretary of State Corporations Division, unless the applicant is an individual person that is operating the facility or applying for the permit, and is not doing so under an assumed business name.

(8) All permit applications must include the appropriate fees as specified in OAR 340-216-8020 and OAR 340-216-8030.

(9) Permit applications that are obviously incomplete, unsigned, improperly signed, or lacking the required exhibits or fees will be rejected by DEQ and returned to the applicant for completion.

(10) Within 15 days after receiving the application, DEQ will preliminarily review the application to determine the adequacy of the information submitted, and:

(a) If DEQ determines that additional information is needed, DEQ will promptly ask the applicant for the needed information and provide the applicant with a written request to provide such information by a date, not to exceed a 60-day period;

(b) An applicant may request an extension of time from a deadline established in subsection (a) by providing DEQ with a written request 15 days prior to the submittal deadline. DEQ may grant an extension based on the following criteria:

(A) The applicant has demonstrated progress in completing the submittal; and

(B) A delay is necessary, for good cause shown by the applicant, 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;

(c) If DEQ determines it is not able to approve the applicant's submittal, or if the applicant does not timely provide additional information or corrections requested by DEQ under subsection (a), then in addition to any other remedies available, DEQ may issue a proposed denial of the application under OAR 340-209-0080(6);

(d) If DEQ has determined that additional information or corrections are necessary under subsection (a), and except as provided in subsection (c), DEQ will not consider the application to be complete for processing until DEQ has received the requested information; and

(e) When DEQ has determined that the information in an application is adequate for processing, DEQ will so notify the applicant in writing.

(11) If at any time while processing the permit application, DEQ determines that additional information is needed, DEQ will follow the procedures in section (10) to request such information.

(12) If, upon review of an application, DEQ determines that a permit is not required, DEQ will so notify the applicant in writing. Such notification is a final action by DEQ on the application.

[NOTE: This rule is included in the State of Oregon Clean Air Act Implementation Plan as adopted by the EQC under OAR 340-200-0040 with the exception of all references to toxic air contaminants or OAR chapter 340, division 245.]

[NOTE: Tables referenced are in OAR 340-216-8010 and 340-216-8020.]

Or. Admin. R. 340-216-0040

DEQ 42, f. 4-5-72, ef. 4-15-72; DEQ 47, f. 8-31-72, ef. 9-15-72; DEQ 63, f. 12-20-73, ef. 1-11-74; DEQ 107, f. & ef. 1-6-76; Renumbered from 340-020-0033; DEQ 20-1979, f. & ef. 6-29-79; DEQ 13-1988, f. & cert. ef. 6-17-88; DEQ 4-1993, f. & cert. ef. 3-10-93; DEQ 12-1993, f. & cert. ef. 9-24-93, Renumbered from 340-020-0175; DEQ 19-1993, f. & cert. ef. 11-4-93; DEQ 14-1999, f. & cert. ef. 10-14-99, Renumbered from 340-028-1770; DEQ 6-2001, f. 6-18-01, cert. ef. 7-1-01, Renumbered from 340-014-0020 & 340-014-0030; DEQ 5-2011, f. 4-29-11, cert. ef. 5-1-11; DEQ 9-2014, f. & cert. ef. 6-26-14; DEQ 7-2015, f. & cert. ef. 4/16/2015; DEQ 197-2018, amend filed 11/16/2018, effective 11/16/2018; DEQ 19-2022, amend filed 11/18/2022, effective 3/1/2023; DEQ 15-2023, minor correction filed 11/07/2023, effective 11/7/2023

Tables referenced are in OAR 340-216-8010 and 340-216-8020.

Statutory/Other Authority: ORS 468.020, 468.065, 468A.025, 468A.040, 468A.310 & 468A.315

Statutes/Other Implemented: ORS 468 & 468A