1. (1) An application for any type of change must meet the requirements of the rules that were in effect on the date the complete application was submitted.

2. (2) Any person proposing a Type 1 or 2 change must submit a notice of construction application using electronic forms provided by DEQ, unless otherwise approved in writing by DEQ and applicable fees in OAR 340-216-8020 to DEQ before undertaking such construction or modification. The notice of construction application must include the following information, as applicable, for present or anticipated operating conditions:

   1. (a) Name, address, tax lot, and nature of business;
   2. (b) Name of local person responsible for compliance with these rules;
   3. (c) Name of person authorized to receive requests for data and information;
   4. (d) The type of construction or modification as defined in OAR 340-210-0225;
   5. (e) A description of the proposed construction or modification;
   6. (f) A description of the production processes and a related flow chart for the proposed construction or modification;
   7. (g) A plot plan showing the location and height of the proposed construction or modification, and the nearest residential and commercial properties;
   8. (h) Production, throughput, or material usage;
   9. (i) Type and quantity of fuels used;
   10. (j) The amount, nature and duration of regulated pollutant emissions from the proposed construction or modification and any proposed change in emissions with supporting calculation, except for equipment listed in OAR 340-210-0225(1)(b);
   11. (k) Plans and specifications for air pollution control devices and facilities and their relationship to the production process, including estimated efficiency of air pollution control devices;
   12. (l) Any information on pollution prevention measures and cross-media impacts the owner or operator wants DEQ to consider in determining applicable control requirements and evaluating compliance methods;
   13. (m) A list of any requirements applicable to the construction or modification;
   14. (n) Where the operation or maintenance of air pollution control devices and emission reduction processes can be adjusted or varied from the highest reasonable efficiency and effectiveness, information necessary for DEQ to establish operational and maintenance requirements under OAR 340-226-0120(1) and (2);
   15. (o) Amount and method of refuse disposal;

   16. (p) Land Use Compatibility Statement(s) when required by OAR chapter 340, division 018:

       1. (A) Signed by the applicable local planning jurisdictions(s), determining that construction or modification is compatible with the applicable local planning jurisdiction’s acknowledged comprehensive plan. If DEQ receives a LUCS which states that the proposed action is incompatible with the acknowledged comprehensive plan, DEQ shall notify the applicant that the application cannot be processed; or
       2. (B) If the local planning jurisdiction declines to provide a LUCS determination in response to a request for a LUCS, the owner or operator must provide DEQ with its own analysis to demonstrate that the proposed action complies with all applicable statewide planning goals;
   17. (q) Anticipated date of the commencement of construction (i.e., breaking ground); and
   18. (r) Anticipated date of construction or modification completion.
3. (3) In addition, any person proposing a Type 2 or Type 3 change for a new or replaced device or activity must also submit an air quality analysis for any pollutants that are emitted above the de minimis emission level demonstrating that the emissions, including reductions due to air pollution control devices or permitted limits on production capacity, from the individual device or activity will not cause or contribute to a new exceedance of a National Ambient Air Quality Standard adopted under OAR chapter 340, division 202.

4. (4) Any person proposing a Type 3 change must:

   1. (a) Submit an application for either a new or modified Basic ACDP, a Construction ACDP, a new or modified Simple ACDP, or a new or modified Standard ACDP, whichever is appropriate; or
   2. (b) If the owner or operator of a source assigned to a General ACDP still qualifies for the General ACDP after the Type 3 change is approved, submit the information required in OAR 340-210-0230(2).
5. (5) Any person proposing a Type 4 change must comply with OAR chapter 340, division 224 and must submit an application for either a Construction ACDP, or a new or modified Standard ACDP, whichever is appropriate.
6. (6) Additional information. If DEQ determines that additional information or corrections are needed for consideration of any type of proposed construction or modification, DEQ will provide the applicant with a written request to provide such information by a reasonable date.

7. (7) If DEQ determines it is not able to approve the applicant’s submittal, or if the applicant does not timely provide additional information or corrections requested by DEQ under section (6), then in addition to any other remedies available, DEQ may:

   1. (a) Return the application;
   2. (b) Retain any applicable fees; and
   3. (c) Issue a proposed denial of the application.
8. (8) A person who has submitted an application under this rule must notify DEQ of any corrections and revisions to the plans and specifications that would impact emissions upon becoming aware of the changes. If the correction or revision changes the type of Notice of Construction, the person must submit the appropriate application.

9. (9) Where a permit issued in accordance with OAR chapter 340, divisions 216 or 218 includes construction approval for future changes for operational flexibility, the notice requirements in this rule are waived for the approved changes.

   [NOTE: This rule 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.040, 468A.050, 468A.055, 468A.070 & 468A.310

Statutes/Other Implemented

ORS 468A.025, 468A.035, 468A.040, 468A.050, 468A.055, 468A.070 & 468A.310

History

DEQ 19-2022, amend filed 11/18/2022, effective 03/01/2023
DEQ 17-2020, amend filed 09/21/2020, effective 09/21/2020
DEQ 7-2015, f. & cert. ef. 4-16-15
DEQ 6-2001, f. 6-18-01, cert. ef. 7-1-01