Or. Admin. Code § 340-254-0070

Current through Register Vol. 63, No. 10, October 1, 2024

Section 340-254-0070 - Issuance or Denial of Indirect Source Construction Permits

(1) Issuance of an Indirect Source Construction Permit shall not relieve the permittee from compliance with other applicable provisions of the Clean Air Act Implementation Plan for Oregon.

(2) Within 20 days after receipt of a complete permit application, the Department or Regional Authority having jurisdiction shall:

(a) Issue a 20 day notice and notify appropriate newspapers and any interested Person(s) who has requested to receive such notices in each region in which the proposed Indirect Source is to be constructed of the opportunity for written public comment on the information submitted by the applicant, the Department's evaluation of the proposed project, the Department's proposed decision, and the Department's proposed construction permit where applicable;

(b) Make publicly available in at least one location in each Department region in which the proposed Indirect Source would be constructed, the information submitted by the applicant, the Department's evaluation of the proposed project, the Department's proposed decision, and the Department's proposed construction permit where applicable.

(3) Within 60 days of the receipt of a complete permit application, the Department or Regional Authority having jurisdiction shall act to either disapprove a permit application or approve it with possible conditions.

(4) Conditions of an Indirect Source Construction Permit may include, but not be limited to:

(a) An Indirect Source Emission Control Program where it is necessary in order to be in compliance with the requirements of subsections (5)(a), (b), and (c) of this rule. The ISECP shall only contain control measures which have reasonably definable costs;

(b) Completion and submission of a Notice of Completion form prior to operation of the Indirect Source.

(5) An Indirect Source Construction Permit may be denied if:

(a) The Indirect Source will cause or contribute to a violation of the Clean Air Act Implementation Plan for Oregon;

(b) The Indirect Source will cause or contribute to a delay in the attainment of or cause or contribute to a violation of any National Ambient Air Quality Standard;

(c) The Indirect Source causes or contributes to any violation of any National Ambient Air Quality Standard by another Indirect Source or system of Indirect Sources;

(d) The applicable requirements for an Indirect Source Construction Permit application are not met.

(6) Any owner or operator of an Indirect Source operating without a permit required by this rule, or operating in violation of any of the conditions of an issued permit shall be subject to civil penalties and injunctions.

(7) Nothing in this rule shall preclude a Regional Authority authorized under OAR 340-254-0020 from setting the permit conditions for areas within its jurisdiction at levels more stringent than those detailed in this division.

(8) If the Department shall deny, revoke, or modify an Indirect Source Construction Permit, it shall issue an order setting forth its reasons in essential detail.

(9) An Indirect Source Construction Permit shall be applied for at least 90 days in advance of the anticipated start of construction.

Or. Admin. Code § 340-254-0070

DEQ 81, f. 12-5-74, ef. 12-25-74; DEQ 86, f. 3-11-75, ef. 4-11-75; DEQ 110(Temp), f. & ef. 3-1-76 thru 7-14-76; DEQ 118, f. & ef. 8-11-76; DEQ 4-1993, f. & cert. ef. 3-10-93; DEQ 17-1998, f. & cert. ef. 9-23-98; DEQ 14-1999, f. & cert. ef. 10-14-99, Renumbered from 340-020-0130

Stat. Auth.: ORS 468.020, ORS 468.065, ORS 468A.040 & ORS 468A.055

Stats. Implemented: ORS 468.020, ORS 468.065 & ORS 468A.040