OAR 340-218-0010: Policy and Purpose

These rules establish a program to implement Title V of the FCAA for the State of Oregon as part of the overall industrial source control program: (1) All sources subject to this division must have an Oregon Title V Operating Permit that assures compliance by the source with all applicable requirements in effect as of the date of permit issuance. (2) The requirements of the Oregon Title V Operating Permit program, including provisions regarding schedules for submission and approval or disapproval of permit applications, must apply to the permitting of affected sources under the national acid rain program, except as provided herein. (3) All sources subject to this division are exempt from the following: (a) Registration as required by ORS 468A.050 and OAR 340-210-0100 through 340-210-0120; and (b) Air Contaminant Discharge Permits and attachments, OAR 340 division 216, unless required by 340-216-0020(2) or (4), or 340-224-0010(1). (A) Oregon Title V Operating Permits do not replace requirements in an Air Contaminant Discharge Permit issued to the source even if the ACDP has expired. For a source operating under a Title V Permit, requirements established in an earlier ACDP remain in effect notwithstanding expiration of the ACDP or the Title V permit, unless a provision expires by its terms or unless a provision is modified or terminated following the procedures used to establish the requirement initially. (B) Source specific requirements, including, but not limited to TACT, RACT, BACT, and LAER requirements, established in an ACDP must be incorporated into the Oregon Title V Operating Permit and any revisions to those requirements must follow the procedures used to establish the requirements initially. (4) DEQ may implement requirements pertaining to toxic air contaminants under OAR chapter 340, division 245 for new and existing sources required to obtain an Oregon Title V Operating Permit by incorporating compliance conditions into a new source’s Oregon Title V Operating Permit or by amending an existing source’s Oregon Title V Operating Permit through a Toxic Air Contaminant Permit Addendum. A Toxic Air Contaminant Permit Addendum must be incorporated into a source’s Oregon Title V Operating Permit upon renewal, reopening, or modification that involves a public notice. (5) 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.