OAR 340-254-0040: Indirect Sources Required to Have Indirect Source Construction Permits

The owner, operator, or developer of an Indirect Source identified in section (1) of this rule shall not commence construction of such a source without an approved Indirect Source Construction Permit issued by the Department or Regional Authority having jurisdiction. (1) All Indirect Sources meeting the criteria of this section relative to type, location, size, and operation are required to apply for an Indirect Source Construction Permit: The following sources that are located within the boundaries of a Carbon Monoxide nonattainment area or maintenance area identified in the State Implementation Plan, provided that such areas include at least one city containing 50,000 or more Population within the city’s municipal boundary, including but not limited to Portland, Salem, Medford and Eugene. Any Parking Facility or other Indirect Source with Associated Parking being constructed or modified to create new or additional parking or Associated Parking, capacity of 1000 or more Parking Spaces, except within the Central City area of Portland as defined in the Carbon Monoxide Maintenance Plan and Redesignation Request for the Portland (Metro) Area, where the minimum number of Parking Spaces associated with an Indirect Source requiring Department approval shall be 800. (2) Where an Indirect Source is constructed or modified in increments which individually are not subject to review under this rule, and which are not part of a program of construction or modification in planned incremental phases approved by the Director, all such increments commenced after January 1, 1975, shall be added together for determining the applicability of this rule. (3) An Indirect Source Construction Permit may authorize more than one phase of construction where commencement of construction or modification of successive phases will begin over acceptable periods of time referred to in the permit; and thereafter construction or modification of each phase may be begun without the necessity of obtaining another permit.