1. (1) Except as provided in section (2), OAR 340-210-0205 through 340-210-0250 apply to the following:

   1. (a) New Sources. Owners or operators of proposed new sources, not otherwise required to obtain a permit under OAR chapter 340, division 216 or 218, must submit a notice of construction application before undertaking construction or operation of a new source that emits any regulated air pollutant.

   2. (b) Existing Sources. Owners or operators of existing sources, including sources that have permits under OAR chapter 340, division 216 or 218, must submit the appropriate application before undertaking any of the following:

      1. (A) Construction or modification that will cause an increase, on an hourly basis at full production, in any regulated air pollutant emissions;
      2. (B) Replacement of a device or activity that emits any regulated air pollutants; or
      3. (C) Construction, modification, or replacement of any air pollution control device.

2. (2) OAR 340-210-0205 through 340-210-0250 do not apply to the following sources:

   1. (a) Sources for which the owners or operators are required to obtain a permit under OAR chapter 340, division 216 or 218 for the construction or modification;
   2. (b) Agricultural operations or equipment that is exempted by OAR 340-200-0030;
   3. (c) Heating equipment in or used in connection with residences used exclusively as dwellings for not more than four families;
   4. (d) Other activities associated with residences used exclusively as dwellings for not more than four families, including, but not limited to barbecues, house painting, maintenance, and groundskeeping;
   5. (e) Portable sources, except modifications of portable sources that have permits under OAR chapter 340, division 216 or 218 and are specified in section (1); and
   6. (f) Categorically insignificant activities as defined in OAR 340-200-0020 unless they are subject to NESHAP or NSPS requirements. This exemption applies to all categorically insignificant activities whether or not they are located at major or non-major sources.

3. (3) OAR 340-210-0205 through 340-210-0250 apply to Title V sources under OAR 340-218-0190 but are called Notices of Approval.

   [NOTE: This rule, with the exception of section (3), is included in the State of Oregon Clean Air Act Implementation Plan that EQC adopted under OAR 340-200-0040.]

Statutory/Other Authority

ORS 468.020, 468A.025 & 468A.055

Statutes/Other Implemented

ORS 468A.025, 468A.035 & 468A.055

History

DEQ 19-2022, amend filed 11/18/2022, effective 03/01/2023
DEQ 7-2015, f. & cert. ef. 4-16-15
DEQ 12-2008, f. & cert. ef. 9-17-08
DEQ 6-2001, f. 6-18-01, cert. ef. 7-1-01, Renumbered from 340-210-0210
DEQ 14-1999, f. & cert. ef. 10-14-99, Renumbered from 340-028-0810
DEQ 22-1995, f. & cert. ef. 10-6-95
DEQ 19-1993, f. & cert. ef. 11-4-93
DEQ 12-1993, f. & cert. ef. 9-24-93, Renumbered from 340-020-0025
DEQ 4-1993, f. & cert. ef. 3-10-93
DEQ 37, f. 2-15-72, ef. 3-1-72
DEQ 15, f. 6-12-70, ef. 9-1-70