Oregon Administrative Code

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 co…

340-218-0020 Applicability (1) Except as provided in section (4), this division applies to the following sources: (a) Any major source; (b) Any source, including an area source, subject to a standard, limitation, or other requirement under section 111 of the FCAA; (c) Any source,…

340-218-0030 Definitions The definitions in OAR 340-200-0020, 340-204-0010, 340-245-0020, and this rule apply to this division. If the same term is defined in this rule and 340-200-0020, 340-204-0010 or 340-245-0020, the definition in this rule applies to this division. Statutory…

340-218-0040 Permit Applications (1) Duty to apply. For each Oregon Title V Operating Permit program source, the owner or operator must submit a timely and complete permit application according to this rule: (a) Timely application: (A) A timely application for a source that is in…

340-218-0050 Standard Permit Requirements Each permit issued under this division must include the following elements: (1) Emission limitations and standards, including those operational requirements and limitations that assure compliance with all applicable requirements at the ti…

340-218-0060 State-Enforceable Requirements DEQ will specifically designate as not being federally enforceable any terms and conditions included in the permit that are not required under the FCAA or under any of its applicable requirements. Terms and conditions so designated are …

340-218-0070 Federally Enforceable Requirements DEQ will specifically designate as being federally enforceable under the FCAA any terms and conditions included in the permit that are required under the FCAA or under any of its applicable requirements. Federally enforceable condit…

340-218-0080 Compliance Requirements All Oregon Title V Operating Permits must contain the following elements with respect to compliance: (1) Consistent with OAR 340-218-0050(3), compliance certification, testing, monitoring, reporting, and recordkeeping requirements sufficient t…

340-218-0090 General Permits (1) DEQ may, at its own discretion, after notice and opportunity for public participation provided under OAR 340-218-0210, issue general permits for sources that meet the criteria in section (3). General permits must comply with all requirements appli…

340-218-0100 Temporary Sources DEQ may issue a single permit authorizing emissions from similar operations by the same source owner or operator at multiple temporary locations. The operation must be temporary and involve at least one change of location during the term of the perm…

340-218-0110 Permit Shield (1) Except as provided in this division, DEQ must expressly include in an Oregon Title V Operating Permit a provision stating that compliance with the conditions of the permit will be deemed compliance with any applicable requirements as of the date of …

340-218-0120 Permit Issuance (1) Action on application: (a) A permit, permit modification, or permit renewal may be issued only if all of the following conditions have been met: (A) DEQ has received a complete application for a permit, permit modification, or permit renewal, exce…

340-218-0130 Permit Renewal and Expiration (1) Permits being renewed are subject to the same procedural requirements, including those for public participation, affected state and the EPA review, that apply to initial permit issuance; and (2) Permit expiration terminates the sourc…

340-218-0140 Operational Flexibility Operational flexibility provisions allow owners or operators to make certain changes at their facility without a permit modification. The following sections describe the provisions and the procedures owners or operators must follow to utilize …

340-218-0150 Administrative Permit Amendments (1) An "administrative permit amendment" is a permit revision that: (a) Corrects typographical errors; (b) Identifies a change in the name, address, or phone number of the responsible official identified in the permit, or provides a s…

340-218-0160 Permit Modification A permit modification is any revision to an Oregon Title V Operating Permit that cannot be accomplished under DEQ's provisions for administrative permit amendments under OAR 340-218-0150. A permit modification for purposes of the acid rain portion…

340-218-0170 Minor Permit Modifications (1) Criteria: (a) Minor permit modification procedures may be used only for those permit modifications that: (A) Do not violate any applicable requirement; (B) Do not involve significant changes to existing monitoring, reporting, or recordk…

340-218-0180 Significant Permit Modifications (1) Criteria. Significant modification procedures must be used for applications requesting permit modifications that do not qualify as minor permit modifications or as administrative amendments. Significant modifications include: (a) …

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 throug…

340-218-0200 Reopenings (1) Reopening for cause: (a) Each issued permit must include provisions specifying the conditions under which the permit will be reopened prior to the expiration of the permit. A permit will be reopened and revised under any of the following circumstances:…

340-218-0210 Public Participation (1) Except for modifications qualifying for minor permit modification procedures and administrative amendments, all permit proceedings, including initial permit issuance, significant modifications, Notice of Construction and Approval of Plans whe…

340-218-0220 Contested Permits (1) A final permit issued by DEQ will become effective upon the date it was signed by the Air Quality Division Administrator or his or her designated representative, unless the applicant requests a hearing before the EQC or its authorized representa…

340-218-0230 Permit Review by the EPA and Affected States (1) Transmission of information to the EPA: (a) DEQ will provide to the EPA a copy of each permit application (including any application for permit modification), each proposed permit except when a draft permit has been su…

340-218-0240 Enforcement (1) No person may violate the conditions of any Oregon Title V Operating Permit issued to the person under this division. (2) Whenever it appears to DEQ that any activity in violation of a permit that results in air pollution or air contamination is prese…

340-220-0010 Purpose, Scope And Applicability (1) The purpose of this division is to provide owners and operators of Oregon Title V Operating Permit program sources and DEQ with the criteria and procedures to determine emissions and fees based on air emissions and specific activi…

340-220-0020 Definitions The definitions in OAR 340-200-0020, 340-204-0010, 340-245-0020, and this rule apply to this division. If the same term is defined in this rule and 340-200-0020, 340-204-0010 or 340-245-0020, the definition in this rule applies to this division. Particula…

340-220-0030 Annual Base Fee (1) DEQ will assess an annual base fee of $12,879 for each source subject to the Oregon Title V Operating Permit program for the period of November 15, 2024 to November 14, 2025. (2) DEQ will assess an annual base fee of $16,482 for each source subjec…

340-220-0040 Emission Fee (1) For operations during the period of November 15, 2024 to November 14, 2025, DEQ will assess an emission fee of $121 per ton of each regulated pollutant emitted during calendar year 2023 to each source subject to the Oregon Title V Operating Permit Pr…

340-220-0050 Specific Activity Fees (1) DEQ will assess specific activity fees for an Oregon Title V Operating Permit program source for the period of August 1, 2024 to July 31, 2025 as follows: (a) Existing source permit revisions: (A) Administrative* — $975; (B) Simple — $3,903…

340-220-0060 Pollutants Subject to Emission Fees (1) DEQ will assess emission fees on emissions of regulated pollutants up to and including 7,000 tons per year of all regulated pollutants for each source each calendar year thereafter. (2) The owner or operator must pay emission f…

340-220-0070 Exclusions (1) DEQ will not assess emission fees on newly permitted major sources that have not begun initial operation. (2) DEQ will not assess emission fees on carbon monoxide. However, sources that emit or are permitted to emit 100 tons or more per year of carbon …

340-220-0080 References Reference documents used in this division include the DEQ Source Sampling Manual and the DEQ Continuous Monitoring Manual. [NOTE: DEQ manuals are published with OAR 340-200-0035.] Statutory/Other Authority: ORS 468.020, 468.065 & 468A.315 Statutes/Other Im…

340-220-0090 Election for Each Regulated Pollutant (1) The owner or operator must elect to pay emission fees on either actual emissions, permitted emissions, or a combination of both for the previous calendar year for each regulated pollutant and notify DEQ using OAR 340-220-0110…

340-220-0100 Emission Reporting (1) Using a form developed by DEQ the owner or operator must report the following emissions: (a) Particulates; (b) Sulfur Dioxide as SO2; (c) Oxides of Nitrogen (NOx) as Nitrogen Dioxide (NO2); (d) Volatile Organic Compounds as: (A) VOC for materia…

340-220-0110 Emission Reporting and Fee Procedures (1) The owner or operator must submit the required form, including the election to pay on permitted or actual emissions for each regulated pollutant, to DEQ with the annual permit report using annual reporting procedures. (2) The…

340-220-0120 Actual Emissions (1) Actual emissions include, but are not limited to, routine process emissions, fugitive emissions, and excess emissions from maintenance, startups and shutdowns, equipment malfunction, and other activities, but do not include categorically insignif…

340-220-0130 Determining Emissions from Continuous Monitoring Systems (1) The owner or operator must use data collected under Oregon Title V Operating Permit conditions, applicable rules in OAR 340, or the DEQ Continuous Monitoring Manual. [NOTE: DEQ manuals are published with OA…

340-220-0140 Determining Emissions Using Material Balance The owner or operator may elect to use material balance to determine actual emissions: (1) If the amount of material added to a process, less the amount consumed and recovered in a process, can be documented using DEQ appr…

340-220-0150 Determining VOC Emissions Using Material Balance The owner or operator may determine the amount of VOC emissions for emissions of a regulated pollutant by using material balance. The owner or operator using material balance to calculate VOC emissions must determine t…

340-220-0160 Determining Sulfur Dioxide Emissions Using Material Balance (1) The owner or operator may determine sulfur dioxide emissions for Oregon Title V Operating Permit program sources by measuring the sulfur content of fuels and assuming that all of the sulfur in the fuel i…

340-220-0170 Verified Emission Factors (1) The owner or operator must verify emission factors before using them to determine emissions of regulated pollutants. To verify emission factors, the owner or operator must perform either source testing using the DEQ Source Sampling Manua…

340-220-0180 Late and Underpayment of Fees (1) Notwithstanding any enforcement action, the owner or operator will be subject to a late payment fee of: (a) Two hundred dollars for payments received more than seven and less than 30 days late; and (b) Four hundred dollars for paymen…

340-220-0190 Failure to Pay Fees Any owner or operator that fails to pay fees imposed by DEQ under this division must pay a penalty of 50 percent of the fee amount, plus interest on the fee amount computed using Section 6621(a)(2) of the Internal Revenue Code of 1986 (as amended)…

340-222-0010 Policy The EQC recognizes the need to establish a more definitive method for regulating increases and decreases in air emissions of permit holders. However, except as needed to protect ambient air quality standards, PSD increments and visibility, the EQC does not int…

340-222-0020 Applicability and Jurisdiction (1) Plant Site Emission Limits (PSELs) will be included in all Air Contaminant Discharge Permits (ACDP) and Oregon Title V Operating Permits, except as provided in section (3), as a means of managing airshed capacity by regulating incre…

340-222-0030 Definitions The definitions in OAR 340-200-0020, 340-204-0010 and this rule apply to this division. If the same term is defined in this rule and 340-200-0020 or 340-204-0010, the definition in this rule applies to this division. NOTE: This rule is included in the Sta…

340-222-0035 General Requirements for Establishing All PSELs (1) PSELs may not exceed limits established by any applicable federal or state regulation or by any specific permit conditions unless the source meets the specific provisions of OAR 340-226-0400 (Alternative Emission Co…

340-222-0041 Annual PSEL (1) For sources subject to a General ACDP or a General Oregon Title V Operating Permit, a PSEL may be set based on the potential to emit of the largest emitting source in that source category for all sources on that permit type in the state. PSELs will be…

340-222-0042 Short Term PSEL (1) For sources located in areas with an established short term SER that is measured over an averaging period less than a full year, PSELs are required on a short term basis for those regulated pollutants that have a short term SER. The short term ave…

340-222-0046 Netting Basis (1) A netting basis will only be established for those regulated pollutants that could subject a source to NSR under OAR chapter 340, division 224. (a) The initial PM2.5 netting basis for a source that was permitted prior to May 1, 2011 will be establis…