Or. Admin. Code § 340-218-0140

Current through Register Vol. 63, No. 12, December 1, 2024

Section 340-218-0140 - Operational Flexibility

Operational flexibility provisions allow owners or operators to make certain changes at their facility without a permit modification. The following sections describe the provisions and the procedures owners or operators must follow to utilize operational flexibility:

(1) Alternative Operating Scenarios. Owners or operators may identify as many reasonably anticipated alternative operating scenarios in the permit application as possible and request the approval of DEQ for incorporation of the scenarios in the permit:

(a) Alternative operating scenarios mean the different conditions, including equipment configurations or process parameters, under which a source can operate that:

(A) Require different terms and conditions in the permit to determine compliance; or

(B) Trigger different applicable requirements.

(b) Alternative operating scenarios must be identified in the permit application, approved by DEQ; and listed in the permit;

(c) Changes between approved alternative operating scenarios listed in the permit can be made at any time. Owners or operators must contemporaneously record in a log at the permitted facility any change from one alternative operating scenario to another.

(d) Owners or operators are not required to submit the record of changes of alternative operating scenarios on a periodic basis but must make the record available or submit the record upon the request of DEQ.

(e) The permit shield extends to all alternative operating scenarios listed in the permit.

(2) Off-permit Changes. Changes that qualify as off-permit do not require Department approval:

(a) Off-permit changes mean changes to a source that:

(A) Are not addressed or prohibited by the permit;

(B) Are not Title I modifications;

(C) Are not subject to any requirements under Title IV of the FCAA;

(D) Meet all applicable requirements;

(E) Do not violate any existing permit term or condition; and

(F) May result in emissions of regulated pollutants subject to an applicable requirement, but not otherwise regulated under the permit or may result in insignificant changes as defined in OAR 340-200-0020.

(b) Off-permit changes can be made at any time. Owners or operators must contemporaneously submit written notice to DEQ and the EPA, except for changes that qualify as insignificant under OAR 340-200-0020. The written notice must contain:

(A) A description of the change;

(B) The date on which the change will occur;

(C) Any change in emissions within the PSELs;

(D) Regulated pollutants emitted;

(E) Any applicable requirement that would apply as a result of the change;

(F) Verification that the change is not addressed or prohibited by the permit;

(G) Verification that the change is not a Title I modification, such as an explanation that the change does not meet any of the Title I modification criteria;

(H) Verification that the change is not subject to any requirements under Title IV of the FCAA; and

(I) Verification that the change does not violate any existing permit term or condition.

(c) The permittee must keep a record describing off-permit changes made at the facility that result in emissions of a regulated pollutant subject to an applicable requirement, but not otherwise regulated under the permit, and the emissions resulting from those off-permit changes.

(d) Written notifications of off-permit changes must be attached to DEQ's and the source's copy of the permit.

(e) Terms and conditions that result from off-permit changes will be incorporated into the permit upon permit renewal, if applicable.

(f) The permit shield of OAR 340-218-0110 will not extend to off-permit changes.

(3) Section 502(b)(10) Changes. Changes that qualify as section 502(b)(10) changes do not require permit revision.

(a) Section 502(b)(10) changes mean changes that contravene an express permit term. Such changes do not include:

(A) Changes that would violate applicable requirements (including but not limited to increases in PSELs);

(B) Changes that contravene federally enforceable permit terms and conditions that are monitoring (including test methods), recordkeeping, reporting, or compliance certification requirements; and

(C) Changes that are Title I modifications.

(b) Section 502(b)(10) changes can be made at any time. Owners or operators must submit a minimum 7-day advance, written notification to DEQ and the EPA. The written notice must contain:

(A) A description of the change;

(B) The date on which the change will occur;

(C) Any change in emissions within the PSELs;

(D) Any permit term or condition that is no longer applicable as a result of the change;

(E) Any new terms or conditions applicable to the change;

(F) Verification that the change does not cause or contribute to a violation of any applicable requirements, such as an explanation that the permit term or condition that is being contravened is not based on an applicable requirement;

(G) Verification that the change does not cause or contribute to an exceedance of the PSELs, such as calculations of emissions resulting from the change in relation to the PSEL; and

(H) Verification that the change is not a Title I modification, such as an explanation that the change does not meet any of the Title I modification criteria.

(c) Written notifications of section 502(b)(10) changes must be attached to DEQ's and the source's copy of the permit.

(d) Terms and conditions that result from section 502(b)(10) changes will be incorporated into the permit upon permit renewal, if applicable.

(e) The permit shield does not extend to section 502(b)(10) changes.

(4) DEQ may initiate enforcement if a change under operational flexibility has been initiated and does not meet the applicable operational flexibility criteria.

Or. Admin. Code § 340-218-0140

DEQ 12-1993, f. & cert. ef. 9-24-93; DEQ 24-1994, f. & cert. ef. 10-28-94; DEQ 14-1999, f. & cert. ef. 10-14-99, Renumbered from 340-028-2220; DEQ 6-2001, f. 6-18-01, cert. ef. 7-1-01; DEQ 7-2015, f. & cert. ef. 4/16/2015

Stat. Auth.: ORS 468.020, 468A.025, 468A.040 & 468A.310

Stats. Implemented: ORS 468A