OAR 340-224-0030: New Source Review Procedural Requirements

(1) Information Required. The owner or operator of a source subject to Major NSR or State NSR must submit an application and all information DEQ needs to perform any analysis or make any determination required under this division and OAR chapter 340, division 225. The information must be in writing on forms supplied or approved by DEQ and include the information required to apply for a permit or permit modification under: (a) OAR chapter 340, division 216 for Major NSR or Type A State NSR action; or (b) OAR chapter 340, division 216 or 218, whichever is applicable, for Type B State NSR actions. (2) Application Processing: (a) For Type B State NSR, DEQ will review applications and issue permits using the procedures in OAR chapter 340, division 216 or 218, whichever is applicable. (b) For Major NSR and Type A State NSR: (A) Notwithstanding the requirements of OAR 340-216-0040(10), within 30 days after receiving an ACDP permit application to construct, or any additional information or amendment to such application, DEQ will advise the applicant whether the application is complete or if there is any deficiency in the application or in the information submitted. For purposes of this section, an application is complete as of the date on which DEQ received all required information; (B) Upon determining that an application is complete, DEQ will undertake the public participation procedures in OAR chapter 340, division 209 for a Category IV permit action; and (C) DEQ will make a final determination on the application within twelve months after receiving a complete application. (3) An owner or operator that obtained approval of a project under this division must obtain approval for a revision to the project according to the permit application requirements in this division and OAR chapter 340, division 216 or 218, whichever is applicable, prior to initiating the revision. If construction has commenced, the owner or operator must temporarily halt construction until a revised permit is issued. The following are considered revisions to the project that would require approval: (a) A change that would increase permitted emissions; (b) A change that would require a re-evaluation of the approved control technology; or (c) A change that would increase air quality impacts. (4) For Major NSR and State NSR permit actions, an ACDP that approves construction must require construction to commence within 18 months of issuance. Construction approval terminates and is invalid if construction is not commenced within 18 months after DEQ issues such approval, or by the deadline approved by DEQ in an extension under section (5). Construction approval also terminates and is invalid if construction is discontinued for a period of 18 months or more or if construction is not completed within 18 months of the scheduled time. An ACDP may approve a phased construction project with separate construction approval dates for each subsequent phase and, for purposes of applying this section, the construction approval date for the second and subsequent phases will be treated as the construction approval issuance date. (5) For Major NSR and State NSR permit actions, DEQ may grant for good cause one or two 18-month construction approval extensions as follows: (a) Except as provided in subsection (i), for the first extension, the owner or operator must submit an application to modify the permit that includes the following: (A) A detailed explanation of why the source could not commence construction within the initial 18-month period; and (B) Payment of the simple technical permit modification fee in OAR 340-216-8020 Part 3. (b) Except as provided in subsection (i), for the second extension, the owner or operator must submit an application to modify the permit that includes the following for the original regulated pollutants subject to Major NSR or Type A State NSR: (A) A detailed explanation of why the source could not commence construction within the second 18-month period; (B) A review of the original LAER or BACT analysis for potentially lower limits and a review of any new control technologies that may have become commercially available since the original LAER or BACT analysis; (C) A review of the air quality analysis to address any of the following: (i) All ambient air quality standards and PSD increments that were subject to review under the original application; (ii) Any new competing sources or changes in ambient air quality since the original application was submitted; (iii) Any new ambient air quality standards or PSD increments for the regulated pollutants that were subject to review under the original application; and (iv) Any changes to EPA approved models that would affect modeling results since the original application was submitted, and (D) Payment of the moderate technical permit modification fee plus the modeling review fee in OAR 340-216-8020 Part 4. (c) Except as provided in subsection (i), the permit will be terminated 54 months after it was initially issued if construction does not commence during that 54 month period. If the owner or operator wants approval to construct beyond the termination of the permit, the owner or operator must submit an application for a new Major NSR or State NSR permit. (d) If construction is commenced prior to the date that construction approval terminates, the permit can be renewed or the owner or operator may apply for a Title V permit as required in OAR 340-218-0190; (e) To request a construction approval extension under subsection (a) or (b), the owner or operator must submit an application to modify the permit at least 30 days but not more than 90 days prior to the end of the current construction approval period. (f) Construction may not commence during the period from the end of the preceding construction approval to the time DEQ approves the next extension. (g) DEQ will make a proposed permit modification available using the following public participation procedures in OAR chapter 340, division 209: (A) Category II for an extension that does not require an air quality analysis; or (B) Category III for an extension that requires an air quality analysis. (h) DEQ will grant a permit modification extending the construction approval for 18 months from the end of the first or second 18-month construction approval period, whichever is applicable, if: (A) Based on the information required to be submitted under subsection (a) or (b), DEQ determines that the proposed source will continue to meet NSR requirements; and (B) For any extension, the area impacted by the source has not been redesignated to sustainment or nonattainment prior to the granting of the extension. (i) If the area where the source is located is redesignated to sustainment or nonattainment before any extension is approved, the owner or operator must demonstrate compliance with the redesignated area requirements if the source is subject to Major or Type A State NSR for the redesignated pollutant, and must obtain the appropriate permit or permit revision before construction may commence. The new permit or permit revision under this subsection will be considered to start a new initial 18-month construction approval period. (6) Approval to construct does not relieve any owner or operator of the responsibility to comply fully with applicable provisions of the SIP and any other requirements under local, state or federal law; (7) Sources that are subject to OAR chapter 340, division 218, Oregon Title V Operating Permits, are subject to the following: (a) Except as prohibited in subsection (b), approval to construct a source under an ACDP issued under OAR chapter 340, division 216 authorizes construction and operation of the source, until the later of: (A) One year from the date of initial startup of operation of the source subject to Major NSR or State NSR; or (B) If a timely and complete application for an Oregon Title V Operating Permit is submitted, the date of final action by DEQ on the Oregon Title V Operating Permit application. (b) Where an existing Oregon Title V Operating Permit prohibits construction or a change in operation, the owner or operator must obtain a Title V permit revision before commencing the construction, continuing the construction or making the change in operation. [NOTE: This rule is included in the State of Oregon Clean Air Act Implementation Plan that EQC adopted under OAR 340-200-0040]