OAR 340-210-0240: Notice of Construction and Approval of Plans: Construction Approval

(1) Approval to Construct: (a) For Type 1 changes: (A) Under OAR 230-210-0225(1)(b), the owner or operator of a source may proceed with the construction or modification immediately after notifying DEQ. (B) Under OAR 230-210-0225(1)(a), the owner or operator of a source may proceed with the construction or modification immediately after notifying DEQ unless they request confirmation that the proposed construction or modification qualifies as a Type 1 change. DEQ has 30 calendar days from receipt of the written request, with a complete notice application, to provide written approval of the proposed construction or modification, or notify the owner or operator in writing that the proposed construction or modification does not qualify as a Type 1 change. (b) For Type 2 changes, the owner or operator of a source may proceed with the construction or modification 60 calendar days after DEQ receives the complete notice application and fees required in OAR 340-210-0230 or on the date that DEQ approves the proposed construction or modification in writing, whichever is sooner, unless DEQ notifies the owner or operator in writing that the proposed construction or modification does not qualify as a Type 2 change. (c) For Type 3 changes, the owner or operator of a source must obtain either: (A) A new or modified Basic ACDP, Construction ACDP, a new or modified Simple ACDP, or a new or modified Standard ACDP, whichever is appropriate, in accordance with OAR chapter 340, division 216 before proceeding with the construction or modification; or (B) A new Simple or Standard ACDP, whichever is appropriate, in accordance with OAR chapter 340, division 216 before proceeding with the construction or modification if the source no longer qualifies for its assigned General ACDP(s). (d) For Type 4 changes, the owner or operator of a source must obtain either a Construction ACDP or a new or modified Standard ACDP in accordance with OAR chapter 340, division 216 before proceeding with the construction or modification. (2) Upon DEQ approval, the owner or operator of a source must construct or modify and operate the source in accordance with the approved plans and specifications, including any corrections or revisions approved by DEQ, previously submitted in the application required under OAR 340-210-0230. (3) Approval to construct or modify does not relieve the owner or operator of a source of the obligation of complying with applicable requirements. (4) The owner or operator of a source that receives approval to construct or modify must commence construction within 18 months of approval, or other date approved in writing by DEQ. (a) Construction or modification approval terminates and is invalid for the following reasons: (A) Construction or modification is not commenced within 18 months after DEQ issues such approval, by an alternative deadline established by DEQ under this section, or by the deadline approved by DEQ in an extension under subsection (b); (B) Construction or modification is discontinued for a period of 18 months or more; or (C) Construction or modification is not completed within 18 months of the anticipated date of construction completion included in the application. (b) The owner or operator may submit a request to extend the construction or modification commencement deadline by submitting a written, detailed explanation of why the source could not commence construction or modification within the initial 18-month period. DEQ may grant, for good cause, one 18-month construction or modification approval extension. (5) Notice of Completion. Unless otherwise specified in the Construction ACDP or approval, the owner or operator of a source must notify DEQ in writing that the construction or modification has been completed using a form furnished by DEQ. Unless otherwise specified, the notice is due 30 days after completing the construction or modification. The notice of completion must include the following: (a) The date of completion of construction or modification; (b) Whether the construction or modification was completed in accordance with approved plans, specifications and any corrections or revisions thereto under OAR 340-210-0230, such as but not limited to: (A) Make, model, and identification name or number of the constructed device or activity, or any combination of devices or activities; (B) Location of the constructed device or activity, or any combination of devices or activities; (C) Exhaust parameters (e.g., stack height, diameter, temperature, flowrate, volume or area source dimensions); and (c) The date the stationary source, device, activity, or air pollution control device was or will be put in operation. (6) Order Prohibiting Construction or Modification. If at any time, DEQ determines that the proposed construction is not in accordance with applicable statutes, rules, regulations, and orders, DEQ will issue an order prohibiting the construction or modification. The order prohibiting construction or modification will be forwarded to the owner or operator of the source by certified mail. (7) Hearing. An owner or operator of a source against whom an order prohibiting construction or modification is directed may request a contested case hearing within 20 days from the date of mailing the order. The request must be in writing, state the grounds for hearing, and be mailed to the Director of DEQ. The hearing will be conducted pursuant to the applicable provisions of ORS chapter 183 and OAR chapter 340, division 11. [NOTE: This rule is included in the State of Oregon Clean Air Act Implementation Plan that EQC adopted under OAR 340-200-0040.]