1. (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 permit issuance, provided that:

   1. (a) Such applicable requirements are included and are specifically identified in the permit; or
   2. (b) DEQ, in acting on the permit application or revision, determines in writing that other requirements specifically identified are not applicable to the source, and the permit includes the determination or a concise summary thereof.
2. (2) An Oregon Title V Operating Permit that does not expressly state that a permit shield exists will be presumed not to provide such a shield.
3. (3) Changes made to a permit using OAR 340-218-0150(1)(h) and 340-218-0180 will be shielded.

4. (4) Nothing in this rule or in any Oregon Title V Operating Permit may alter or affect the following:

   1. (a) The provisions of ORS 468.115 (enforcement in cases of emergency) and ORS 468.035;
   2. (b) The liability of an owner or operator of a source for any violation of applicable requirements prior to or at the time of permit issuance;
   3. (c) The applicable requirements of the national acid rain program, consistent with section 408(a) of the FCAA; or
   4. (d) The ability of DEQ to obtain information from a source under ORS 468.095 (investigatory authority, access to records).
5. (5) The permit shield does not apply to conditions and requirements included in a Toxic Air Contaminant Permit Addendum or included in an Oregon Title V Operating Permit under OAR 340-245-0005 through 340-245-8010.

Statutory/Other Authority

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

Statutes/Other Implemented

ORS 468A

History

DEQ 18-2021, amend filed 11/17/2021, effective 11/17/2021
DEQ 197-2018, amend filed 11/16/2018, effective 11/16/2018
DEQ 7-2015, f. & cert. ef. 4-16-15
DEQ 6-2001, f. 6-18-01, cert. ef. 7-1-01
DEQ 14-1999, f. & cert. ef. 10-14-99, Renumbered from 340-028-2190
DEQ 22-1995, f. & cert. ef. 10-6-95
DEQ 12-1993, f. & cert. ef. 9-24-93