Or. Admin. Code § 340-245-0100

Current through Register Vol. 63, No. 12, December 1, 2024

Section 340-245-0100 - Toxic Air Contaminant Permit Addenda

(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).

Or. Admin. Code § 340-245-0100

DEQ 197-2018, adopt filed 11/16/2018, effective 11/16/2018; DEQ 18-2021, amend filed 11/17/2021, effective 11/17/2021; DEQ 25-2021, minor correction filed 12/09/2021, effective 12/9/2021

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