Or. Admin. R. 340-218-0120

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

Section 340-218-0120 - Permit Issuance

(1) Action on application:

(a) A permit, permit modification, or permit renewal may be issued only if all of the following conditions have been met:

(A) DEQ has received a complete application for a permit, permit modification, or permit renewal, except that a complete application need not be received before issuance of a general permit under OAR 340-218-0090;

(B) Except for modifications qualifying for minor permit modification procedures under OAR 340-218-0170, DEQ has complied with the requirements for public participation under OAR 340-218-0210;

(C) DEQ has complied with the requirements for notifying and responding to affected States under OAR 340-218-0230(2);

(D) The conditions of the permit provide for compliance with all applicable requirements and the requirements of this division; and

(E) The EPA has received a copy of the proposed permit and any notices required under OAR 340-218-0230(1) and (2), and has not objected to issuance of the permit under 340-218-0230(3) within the time period specified therein or such earlier time as agreed to with DEQ if no changes were made to the draft permit.

(b) When a multiple-source permit includes air contaminant sources subject to the jurisdiction of DEQ and LRAPA, DEQ may require that it will be the permit issuing agency. In such cases, DEQ and LRAPA will otherwise maintain and exercise all other aspects of their respective jurisdictions over the permittee;

(c) Denial of a Permit. If DEQ proposes to deny issuance of a permit, permit renewal, permit modification, or permit amendment, it must notify the applicant by registered or certified mail of the intent to deny and the reasons for denial. The denial will become effective 60 days from the date of mailing of such notice unless within that time the applicant requests a hearing. Such a request for hearing must be made in writing to the Director and must state the grounds for the request. Any hearing held will be conducted pursuant to the applicable provisions of ORS Chapter 183;

(d) DEQ or LRAPA is the permitting authority for purposes of the 18 month requirement contained in 42 USC § 7661b(c) and this subsection. Except as provided under the initial transition plan or under regulations promulgated under Title IV of the FCAA or under this division for the permitting of affected sources under the national acid rain program, DEQ will take final action on each permit application (including a request for permit modification or renewal) within 18 months after receiving a complete application. In the case of any complete permit application containing an early reductions demonstration pursuant to OAR 340-244-0100, DEQ will take final action within 9 months of receipt;

(e) DEQ will promptly provide notice to the applicant of whether the application is complete. Unless DEQ requests additional information or otherwise notifies the applicant of incompleteness within 60 days of receipt of an application, the application will be deemed complete. For modifications processed through minor permit modification procedures, OAR 340-218-0170(2), DEQ will not require a completeness determination;

(f) DEQ will provide a review report that sets forth the legal and factual basis for the draft permit conditions (including references to the applicable statutory or regulatory provisions). DEQ will send this report to the EPA and to any other person who requests it;

(g) The submittal of a complete application will not affect the requirement that any source have a Notice of Approval under OAR 340-210-0205 through 340-0210-0250 or a preconstruction permit under OAR 340 division 216 or 340 division 224;

(h) Failure of DEQ to take final action on a complete application or failure of DEQ to take final action on an EPA objection to a proposed permit within the appropriate time will be considered to be a final order for purposes of ORS Chapter 183;

(i) If the final permit action being challenged is DEQ's failure to take final action, a petition for judicial review may be filed any time before DEQ denies the permit or issues the final permit.

(2) Requirement for a permit:

(a) Except as provided in OAR 340-218-0120(2)(b), 340-218-0140(3), and 340-218-0170(2)(d), no Oregon Title V Operating Permit program source may operate after the time that it is required to submit a timely and complete application after the effective date of the program, except in compliance with a permit issued under an Oregon Title V Operating Permit program;

(b) If an Oregon Title V Operating Permit program source submits a timely and complete application for permit issuance (including for renewal), the source's failure to have an Oregon Title V Operating Permit is not a violation of this division until DEQ takes final action on the permit application, except as noted in this rule. This protection will cease to apply if, subsequent to the completeness determination made pursuant to OAR 340-218-0120(1)(e), and as required by OAR 340-218-0040(1)(b), the applicant fails to submit by the deadline specified in writing by DEQ any additional information identified as being needed to process the application. If the final permit action being challenged is DEQ's failure to take final action, a petition for judicial review may be filed any time before DEQ denies the permit or issues the final permit.

Or. Admin. R. 340-218-0120

DEQ 12-1993, f. & cert. ef. 9-24-93; DEQ 20-1993(Temp), f. & cert. ef. 11-4-93; DEQ 13-1994, f. & cert. ef. 5-19-94; DEQ 24-1994, f. & ef. 10-28-94; DEQ 22-1995, f. & cert. ef. 10-6-95; DEQ 14-1999, f. & cert. ef. 10-14-99, Renumbered from 340-028-2200; DEQ 6-2001, f. 6-18-01, cert. ef. 7-1-01; DEQ 8-2007, f. &cert. ef. 11-8-07; DEQ 7-2015, f. & cert. ef. 4/16/2015; DEQ 13-2019, amend filed 05/16/2019, effective 5/16/2019

Publications: Publications referenced are available from the agency.

Statutory/Other Authority: ORS 468.020, 468A.025, 468A.040, 468A.155 & 468A.310

Statutes/Other Implemented: ORS 183 & 468A