OAR 340-216-0082: Expiration, Termination, Reinstatement or Revocation of an ACDP

(1) Expiration. (a) A source may not be operated after the expiration date of a permit, unless any of the following occur prior to the expiration date of the permit: (A) A timely and complete application for renewal or reassignment has been submitted; or (B) Another type of permit, ACDP or Oregon Title V Operating Permit, has been applied for or issued authorizing operation of the source. (b) If a timely and complete renewal or reassignment application has been submitted, the existing permit will remain in effect until final action has been taken on the renewal application to issue or deny a permit. (c) For a source operating under an ACDP or Oregon Title V Operating Permit, a requirement established in an earlier ACDP remains in effect notwithstanding expiration of the ACDP, unless the provision expires by its terms or unless the provision is modified or terminated according to the procedures used to establish the requirement initially. (2) Termination. Except as provided in section (3), a source may not be operated after the termination of a permit. A permit terminates upon: (a) Issuance of a renewal, reassigned ACDP or a new ACDP for the same activity or operation; (b) Written request by the permittee to DEQ requesting termination. If DEQ determines that a permit is no longer needed, DEQ will confirm termination in writing to the permittee; (c) Failure to submit a timely and complete application for permit renewal or reassignment as required in OAR 340-216-0040. Termination is effective on the permit expiration date; (d) Failure to pay annual fees within 90 days of the invoice due date as issued by DEQ, unless prior arrangements for a payment plan have been approved in writing by DEQ. (3) Termination of construction approval. (a) Construction approval issued by DEQ under this division terminates and is invalid for the following reasons: (A) Construction 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 is discontinued for a period of 18 months or more; or (C) Construction is not completed within 18 months of the anticipated date of construction completion included in the application. (b) The owner or operator of a source for which construction approval has been terminated under subsection (a) may submit a request to extend the construction commencement deadline by submitting a written, detailed explanation of why the source could not commence construction within the initial 18-month period. DEQ may grant for good cause one 18-month construction approval extension. (4) Reinstatement of Terminated Permit. (a) A permit subject to termination under subsection (2)(c) may only be reinstated if, not later than 30 days after the permit expiration date, the permittee submits a complete renewal application and pays a late application fee equivalent to the initial new permitting application fee that would apply if the source was a new source, in which case the existing, expired permit will be reinstated effective as of the permit expiration date and will remain in effect until final action has been taken on the renewal application to issue or deny a permit; (b) A permit terminated under subsection (2)(d) may only be reinstated if, not later than 90 days after termination, the permittee pays all unpaid annual fees and applicable late fees in which case the existing permit will be reinstated effective on the date of termination; and (c) A terminated permit may only be reinstated as provided in subsections (a) and (b). If neither subsection (a) or (b) apply, the former permittee of a terminated permit who wishes to obtain an ACDP must submit a complete application for a new permit, including paying applicable new source permit application fees and any unpaid annual fees and late fees that were due under the terminated permit. Until DEQ issues or reassigns a new permit, the source may not operate. (5) Revocation: (a) If DEQ determines that a permittee is in noncompliance with the terms of the permit, submitted false information in the application or other required documentation, or is in violation of any applicable rule or statute, DEQ may revoke the permit. DEQ will provide notice of the intent to revoke the permit to the permittee under OAR 340-011-0525. The notice will include the reasons why the permit will be revoked, and include an opportunity for the permittee to request a contested case hearing prior to the revocation. A permittee’s written request for hearing must be received by DEQ within 60 days from service of the notice on the permittee, and must state the grounds of the request. The hearing will be conducted as a contested case hearing under ORS 183.413 through 183.470 and OAR chapter 340, division 011. The permit will continue in effect until the 60th day after service of the notice on the permittee, if the permittee does not timely request a hearing, or until a final order is issued if the permittee timely requests a hearing. (b) If DEQ finds there is a serious danger to the public health, safety or the environment caused by a permittee's activities, DEQ may immediately revoke or refuse to renew the permit without prior notice or opportunity for a hearing. If no advance notice is provided, notification will be provided to the permittee as soon as possible under OAR 340-011-0525. The notification will set forth the specific reasons for the revocation or refusal to renew and will provide an opportunity for the permittee to request a contested case hearing for review of the revocation or refusal to renew. A permittee’s written request for hearing must be received by DEQ within 90 days of service of the notice on the permittee and must state the grounds for the request. The hearing will be conducted as a contested case hearing under ORS 183.413 through 183.470 and OAR chapter 340, division 011. The revocation or refusal to renew becomes final without further action by DEQ if a request for a hearing is not received within the 90 days. If a request for a hearing is timely received, the revocation or refusal to renew will remain in place until issuance of a final order. [NOTE: This rule is included in the State of Oregon Clean Air Act Implementation Plan that EQC adopted under OAR 340-200-0040.]