1. (1) The approval to construct does not provide approval to operate the constructed, modified, or replaced stationary source or air pollution control device unless otherwise allowed by section (2) or (3) or under the applicable ACDP (OAR chapter 340, division 216) or Oregon Title V Operating Permit programs (OAR chapter 340, division 218).

2. (2) Type 1 and 2 changes:

   1. (a) For sources that are not required to obtain a permit in accordance with OAR 340-216-0020, Type 1 and 2 changes may be operated without further approval subject to the conditions of DEQ’s approval to construct provided in accordance with OAR 340-210-0240.

      1. (A) Approval to operate does not relieve the owner of the obligation of complying with applicable requirements that may include but are not limited to the general opacity standards in OAR 340-208-0110 and general particulate matter standards in OAR 340-226-0210 and OAR 340-228-0210.
      2. (B) If required by DEQ as a condition of the approval to construct or at any other time in accordance with OAR 340-212-0120, the owner or operator must conduct testing or monitoring to verify compliance with applicable requirements. All required testing must be performed in accordance with OAR 340-212-0140.
      3. (C) The owner or operator must register the air contaminant source with DEQ if required as a condition of the approval to construct or at any other time in accordance with OAR 340-210-0100.
   2. (b) For sources currently operating under an ACDP, Type 1 and 2 changes may be operated without further approval unless the ACDP specifically prohibits the operation.
   3. (c) For sources currently operating under an Oregon Title V Operating Permit, Type 1 and 2 changes may only be operated in accordance with OAR 340-218-0190(2).

3. (3) Type 3 and 4 changes:

   1. (a) For new sources, or sources that have not been required to obtain a permit, Type 3 changes require the owner or operator to obtain a Construction, Basic, General, Simple, or Standard ACDP, whichever is appropriate, before operation of the approved changes.
   2. (b) For sources currently operating under a General ACDP, a Type 3 change may be operated under the assigned General ACDP if the source still qualifies for the General ACDP. Otherwise, the owner or operator must obtain a new Simple or Standard ACDP before operation of the approved changes.
   3. (c) For sources currently operating under a Basic, Simple or Standard ACDP, approval to operate a Type 3 change will require the owner or operator to obtain a new or modified Basic ACDP, a new or modified Simple ACDP, or a new or modified Standard ACDP, in accordance with OAR chapter 340, division 216 before operation of the approved changes. All current ACDP terms and conditions remain in effect until the new or modified ACDP is issued.
   4. (d) Type 4 changes require the owner or operator to obtain a new or modified Standard ACDP in accordance with OAR chapter 340, division 216 before operation of the approved changes.

   5. (e) For sources currently operating under an Oregon Title V Operating Permit, Type 3 or 4 changes may only be operated  in accordance with OAR 340-218-0190(2) unless a permit modification is required.

      [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 2-2023, minor correction filed 03/01/2023, effective 03/01/2023
DEQ 19-2022, amend filed 11/18/2022, effective 03/01/2023
DEQ 7-2015, f. & cert. ef. 4-16-15
DEQ 1-2012, f. & cert. ef. 5-17-12
DEQ 6-2001, f. 6-18-01, cert. ef. 7-1-01