1. (1) Application requirements. Any person requesting a new, modified, or renewed Standard ACDP must submit an application according to OAR 340-216-0040 and include the following additional information as applicable:

   1. (a) New or modified Standard ACDPs that are not subject to Major NSR, but have emissions increases above the significant emissions rate are subject to the requirements of State NSR. The application must include an analysis of the air quality and, for federal major sources only, the visibility impacts of the source or modification, including meteorological and topographical data, specific details of models used, and other information necessary to estimate air quality impacts.

   2. (b) For new or modified Standard ACDPs that are subject to Major NSR, the application must include the following information as applicable:

      1. (A) A detailed description of the air pollution control devices and emission reductions processes that are planned for the major source or major modification, and any other information necessary to determine that BACT or LAER technology, whichever is applicable, would be applied;
      2. (B) An analysis of the air quality and, for federal major sources only, the visibility impacts of the major source or major modification, including meteorological and topographical data, specific details of models used, and other information necessary to estimate air quality impacts; and
      3. (C) An analysis of the air quality and, for federal major sources only, the visibility impacts, and the nature and extent of all commercial, residential, industrial, and other source emission growth, which has occurred since the baseline concentration year in the area the major source or major modification would affect.
2. (2) Fees. Applicants for a Standard ACDP must pay the fees in OAR 340-216-8020.

3. (3) Permit content. Each Standard ACDP must include the following:

   1. (a) All applicable requirements, including general ACDP conditions for incorporating generally applicable requirements, but excluding any federal requirements not adopted by the EQC;
   2. (b) PSELs for all regulated pollutants emitted at more than the de minimis emission level under OAR chapter 340, division 222;

   3. (c) To ensure the source’s emission will not cause or contribute to a new exceedance of a National Ambient Air Quality Standard adopted under OAR chapter 340, division 202:

      1. (A) Any physical or operational limitation, including any combination of the use of control devices, restrictions on hours of operation, or restrictions on the type or amount of materials combusted, stored, or processed, will be included as permit conditions to limit short term emissions for all devices and activities that require controls or limitations; or
      2. (B) A requirement to conduct ambient monitoring to confirm a new exceedance of a National Ambient Air Quality Standard. Ambient monitoring and meteorological monitoring must be conducted in accordance with a DEQ approved monitoring plan for a period of not less than 12 months. There must be at least 12 months of valid data with greater than 75 percent data completeness per quarter.
   4. (d) Testing, monitoring, recordkeeping, and reporting requirements sufficient to determine compliance with the PSEL and other emission limits and standards, as necessary; and

   5. (e)

      1. (A) A permit duration not to exceed 5 years, for all permits except as allowed under paragraph (B); or
      2. (B) For a Standard ACDP that is issued solely to implement the requirements of OAR chapter 340, division 224 for New Source Review for a Title V source, there is no expiration date. This permit is only required to be modified if any of the New Source Review permit conditions must be modified. The owner or operator does not have to pay annual fees for this permit but must pay the applicable specific activity fees for any permit modification.

4. (4) Permit issuance procedures.

   1. (a) Issuance of a new or renewed Standard ACDP requires public notice under OAR chapter 340, division 209 as follows:

      1. (A) Public notice as a Category III permit action for permit actions that will increase allowed emissions but that are not Major NSR or Type A State NSR permit actions under OAR chapter 340, division 224, or as a Category II permit action if the permit will not increase allowed emissions;
      2. (B) Public notice as a Category IV permit action for permit actions that are Major NSR or Type A State NSR permit actions under OAR chapter 340, division 224;

   2. (b) Issuance of a modified Standard ACDP requires public notice under OAR chapter 340, division 209 as follows:

      1. (A) Public notice as a Category I permit action for non-technical modifications and basic and simple technical modifications according to OAR chapter 340, division 209;
      2. (B) Public notice as a Category II permit action for moderate and complex technical modifications if there will be no increase in allowed emissions, or as a Category III permit action if there will be an increase in emissions; or

      3. (C) Public notice as a Category IV permit action for major modifications subject to Major NSR or Type A State NSR under OAR chapter 340, division 224.

         [NOTE: This rule is included in the State of Oregon Clean Air Act Implementation Plan as adopted by the EQC under OAR 340-200-0040.]

Statutory/Other Authority

ORS 468.020, 468.065, 468A.025, 468A.040, 468A.310 & 468A.315

Statutes/Other Implemented

ORS 468 & 468A

History

DEQ 19-2022, amend filed 11/18/2022, effective 03/01/2023
DEQ 129-2018, minor correction filed 04/11/2018, effective 04/11/2018
DEQ 7-2015, f. & cert. ef. 4-16-15
DEQ 9-2014, f. & cert. ef. 6-26-14
DEQ 4-2013, f. & cert. ef. 3-27-13
DEQ 5-2011, f. 4-29-11, cert. ef. 5-1-11
DEQ 4-2002, f. & cert. ef. 3-14-02
DEQ 6-2001, f. 6-18-01, cert. ef. 7-1-01