OAR 340-216-0020: Applicability and Jurisdiction

(1) This division applies to all sources listed in OAR 340-216-8010. This division also applies to Oregon Title V Operating Permit program sources when an ACDP is required by 340-218-0020 or 340-224-0010. Sources referred to in 340-216-8010 are subject to fees in 340-216-8020. (2) Owners or operators of sources in any one of the categories in OAR 340-216-8010 must obtain a permit. Source categories are not listed in alphabetical order. If a source meets the requirements of more than one of the source categories and the source is not eligible for a Basic ACDP or a General ACDP that has been authorized by DEQ, then the owner or operator of the source must obtain a Simple or Standard ACDP. DEQ may determine that a source is ineligible for a Basic ACDP or a General ACDP based upon the considerations in OAR 340-216-0025(7). (a) Owners or operators of commercial and industrial sources listed in OAR 340-216-8010 Part A must obtain a Basic ACDP under 340-216-0056 unless the person chooses to obtain a General, Simple or Standard ACDP for the source. For purposes of Part A, production and emission parameters are based on the latest consecutive 12 month period, or future projected operation, whichever is higher. Part A eligibility cutoffs are based on actual production, throughput, or material usage of the source, as applicable. (b) Owners or operators of sources in any one of the categories in OAR 340-216-8010 Part B must obtain one of the following unless otherwise allowed in Part B: (A) A General ACDP, if one is available for the source classification and the source qualifies for a General ACDP under OAR 340-216-0060; (B) A Simple ACDP under OAR 340-216-0064; or (C) A Standard ACDP under OAR 340-216-0066 if the source fits one of the criteria of Part C or does not qualify for a Simple ACDP. (c) Owners or operators of sources in any one of the categories in OAR 340-216-8010 Part C must obtain a Standard ACDP under the procedures set forth in OAR 340-216-0066. (3) No person may construct, install, establish, develop or operate any air contaminant source listed in OAR 340-216-8010 without first obtaining an ACDP from DEQ or LRAPA and keeping a copy onsite at all times, unless otherwise deferred from the requirement to obtain an ACDP in subsection (3)(c) or DEQ has granted an exemption from the requirement to obtain an ACDP under subsection (3)(d). No person may continue to operate an air contaminant source if the ACDP expires, or is terminated, denied, or revoked; except as provided in OAR 340-216-0082. (a) The owner or operator must construct and operate their facility in accordance with the approved plans and specifications, including any corrections or revisions approved by DEQ, previously submitted in the application required under OAR 340-216-0040. (b) For portable sources, a permit may be issued or assigned by: (A) DEQ for operation in any area of the state except Lane County; or (B) LRAPA for operation in Lane County. (c) The owner or operator of a source required to obtain an ACDP or ACDP Attachment in order to comply with a NESHAP under OAR chapter 340, division 244 or a NSPS under OAR chapter 340, division 238, is not required to submit an application for an ACDP or ACDP Attachment until four months after the effective date of the EQC’s adoption of the NESHAP or NSPS, and is not required to obtain an ACDP or ACDP Attachment until six months after the EQC’s adoption of the NESHAP or NSPS. In addition, DEQ may defer the requirement to submit an application for, or to obtain an ACDP or ACDP Attachment, or both, for up to an additional twelve months, subject to paragraphs (A) and (B). (A) Deferrals of Oregon permitting requirements do not relieve an air contaminant source from the responsibility of complying with applicable federal NESHAP or NSPS requirements. (B) OAR 340-216-0060(1)(b)(A), 340-216-0062(2)(b)(A), 340-216-0064(4)(a), and 340-216-0066(3)(a), do not relieve a permittee from the responsibility of complying with federal NESHAP or NSPS requirements that apply to the source even if DEQ has not incorporated such requirements into the permit. (d) DEQ may exempt a source from the requirement to obtain an ACDP if it determines that the source is subject to only procedural requirements, such as notification that the source is affected by an NSPS or NESHAP. (4) No person may construct, install, establish, or develop any source that will be subject to the Oregon Title V Operating Permit program without first obtaining an ACDP, unless the source may be placed onsite and operated without any other construction necessary and obtains an Oregon Title V Operating Permit prior to operation. (5) The owner or operator of a source that has been issued an ACDP may not modify the source without first complying with the requirements of OAR 340-210-0205 through 340-210-0250. (6) The owner or operator of a source required to have an ACDP may not make modifications to the source that would result in the source becoming subject to the Oregon Title V Operating Permit program without complying with the requirements of OAR 340-210-0205 through 340-210-0250. (7) The owner or operator of a source required to have an ACDP may not increase emissions above the PSEL without first applying for and obtaining a modified ACDP. (8) The owner or operator of a source that has been issued an ACDP may not violate any conditions included in the ACDP. (9) Subject to the requirements in this division and OAR 340-200-0010(3), LRAPA is designated by the EQC to implement the rules in this division within its area of jurisdiction. [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 and OAR chapter 340, division 245.] [NOTE: Tables referenced are in OAR 340-216-8010 and 340-216-8020.]