Or. Admin. Code § 340-230-0370

Current through Register Vol. 63, No. 10, October 1, 2024

Section 340-230-0370 - Increments of Progress

(1) Increments of Progress

(a) For Class I units, if the owner or operator plans to achieve compliance more than 1 year following December 31, 2003 and a permit modification is not required, or more than 1 year following the date of issuance of a revised construction or operation permit if a permit modification is required, five increments of progress must be met as follows:

(A) Submit a final control plan;

(B) Submit a notification of retrofit contract award;

(C) Initiate onsite construction;

(D) Complete onsite construction;

(E) Achieve final compliance.

(b) For Class II units, if the owner or operator plans to achieve compliance more than 1 year following December 31, 2003 and a permit modification is not required, or more than 1 year following the date of issuance of a revised construction or operation permit is a permit modification is required, the following two increments of progress must be met:

(A) Submit a final control plan;

(B) Achieve final compliance.

(c) Deadlines:

(A) Submission of a final control plan to the Department by no later than December 31, 2003.

(B) For Class I units only, award contracts must be submitted to the Department by no later than June 6, 2004

(C) For Class I units only, onsite construction must begin by December 6, 2004.

(D) For Class I units only, onsite construction must be completed by June 6, 2005.

(E) Final compliance must be completed by December 6, 2005.

(2) Notification:

(a) The notification of achievement of increment of progress must include: notification that the increment of progress has been achieved and any items required to be submitted with the increment of progress. The notification must be signed by the owner or operator of the municipal waste combustion unit.

(b) Notifications of achievement of increments of progress must be postmarked no later than 10 days after the compliance date for the increment.

(3) Failure to meet deadlines. If the owner or operator fails to meet an increment of progress, a notification to the Department must be submitted no later than 10 days after the compliance date for the increment. The notification must explain to the Department why the increment was not met and the plan for meeting the increment as expeditiously as possible. Reports must be submitted each subsequent month until the increment of progress is met.

(4) Control Plan:

(a) Submit the final control plan, including a description of the devices for air pollution control and process changes that will be used to comply with the emission limits and other requirements of this division.

(b) A copy of the final control plan must be maintained onsite.

(5) Awarding Contracts. A signed copy of the contracts awarded to initiate onsite construction, initiate onsite installation of emission control equipment, and incorporated process changes must be submitted to the Department. Submit the copy of the contracts with the notification that the increment of progress has been achieved.

(6) Onsite Construction:

(a) Initiate onsite construction and installation of emission control equipment and initiate the process changes outlined in the final control plan.

(b) Complete onsite construction and installation of emission control equipment and complete process changes outlined in the final control plan.

(7) Final compliance:

(a) Complete all process changes and complete retrofit construction as specified in the final control plan.

(b) Connect the air pollution control equipment with the municipal waste combustion unit identified in the final control plan and complete process changes to the municipal waste combustion unit so that if the affected municipal waste combustion unit is brought online, all necessary process changes and air pollution control equipment are operating as designed.

(8) Closure of the combustion unit:

(a) If the municipal waste combustion unit is closed but must reopen before the final compliance date, the owner or operator must meet the increments of progress specified in OAR 340-230-0370(1). Additionally, the owner or operator must complete emission control retrofit and meet the emission limits and good combustion practices on the date the municipal waste combustion unit restarts operation.

(b) If the municipal waste combustion unit must be closed rather than comply, the owner or operator must submit a closure notification, including the date of closure, to the Department by the date the final control plan is due. If the closure date is later than 1 year after the effective date of State plan approval, the owner or operator must enter into a legally binding closure agreement with the Department by the date the final control plan is due. The agreement must specify the date by which operation must cease.

Or. Admin. Code § 340-230-0370

DEQ 4-2003, f. & cert. ef. 2-06-03

Stat. Auth.: ORS 468.020

Stats. Implemented: ORS 468A.025