OAR 340-218-0190: Construction/Operation Modifications

(1) Notice of Approval. The owner or operator of a major stationary source must obtain approval from DEQ prior to construction or modification of any stationary source or air pollution control devices using OAR 340-210-0205 through 340-210-0250. (2) Incorporation into an Oregon Title V Operating Permit: (a) Where an Oregon Title V Operating Permit would allow incorporation of such construction or modification as an off-permit change (OAR 340-218-0140(2)) or a FCAA section 502(b)(10) change (340-218-0140(3)): (A) The owner or operator of the stationary source or air pollution control device listed in section (1) must submit to DEQ the applicable notice; and (B) DEQ will incorporate the construction or modification at permit renewal, if applicable. (b) Where an Oregon Title V Operating Permit would allow incorporation of such construction or modification as an administrative amendment (OAR 340-218-0150), the owner or operator of the stationary source or air pollution control device listed in section (1) may: (A) Submit the permit application information required under OAR 340-218-0150(3) with the information required under OAR 340-210-0225(2) upon becoming aware of the need for an administrative amendment; and (B) Request that the external review procedures required under OAR 340-218-0210 and 340-218-0230 be used in addition to the public notice procedures of OAR 340 division 209 for Category III permit actions to allow for subsequent incorporation of the construction permit as an administrative amendment. (c) Where an Oregon Title V Operating Permit would require incorporation of such construction or modification as a minor permit modification (OAR 340-218-0170) or a significant permit modification (340-218-0180), the owner or operator of the stationary source or air pollution control device listed in section (1) must submit the permit application information required under 340-218-0040(3) within one year of initial startup of the construction or modification, except as prohibited in paragraph(2)(d). (d) Where an existing Oregon Title V Operating Permit would prohibit such construction or change in operation, the owner or operator must obtain a permit revision before commencing operation. NOTE: This rule is included in the State of Oregon Clean Air Act Implementation Plan that EQC adopted under OAR 340-200-0040.