The Oregon Administrative Rules contain OARs filed through September 14, 2007
DEPARTMENT OF ENVIRONMENTAL QUALITY
DIVISION 216
AIR CONTAMINANT DISCHARGE PERMITS
340-216-0060
General Air Contaminant Discharge Permits
(1) Applicability.
(a) The Commission may issue a General ACDP under the following circumstances:
(A) There are several sources that involve the same or substantially similar types of operations;
(B) All requirements applicable to the sources can be contained in a General ACDP;
(C) The emission limitations, monitoring, recordkeeping, reporting and other enforceable conditions are the same for all sources covered by the General ACDP; and
(D) The pollutants emitted are of the same type for all covered sources.
(b) Permit content. Each General ACDP must include the following:
(A) All relevant requirements;
(B) Generic PSELs for all pollutants emitted at more than the deminimis level in accordance with OAR 340, division 222;
(C) Testing, monitoring, recordkeeping, and reporting requirements necessary to ensure compliance with the PSEL and other applicable emissions limits and standards; and
(D) A permit duration not to exceed 10 years.
(c) Permit issuance procedures: A General ACDP requires public notice and opportunity for comment in accordance with ORS 183.325 to 183.410. All General ACDPs are on file and available for review at the Department's headquarters.
(2) Source assignment:
(a) Application requirements. Any person requesting that a source be assigned to a General ACDP must submit a written application in accordance with OAR 340-216-0040 that includes the information in OAR 340-216-0040(1), specifies the General ACDP source category, and shows that the source qualifies for the General ACDP.
(b) Fees. Applicants must pay the fees set forth in Table 2 of OAR 340-216-0020.
(c) Source assignment procedures:
(A) Assignment of a source to a General ACDP is a Category I permit action and is subject to the Category I public notice requirements in accordance with OAR 340, division 209.
(B) A person is not a permittee under the General ACDP until the Department assigns the General ACDP to the person.
(C) Assignments to General ACDPs terminate when the General ACDP expires or is modified, terminated or revoked.
(3) Commission Initiated Modification. If the Commission determines that the conditions have changed such that a General ACDP for a category needs to be modified, the Commission may issue a new General ACDP for that category and the Department may assign all existing General ACDP permit holders to the new General ACDP.
(4) Rescission. In addition to OAR 340-216-0082 (Termination or Revocation of an ACDP), the Department may rescind an individual source's assignment to a General ACDP if the source no longer meets the requirements of this rule or the conditions of the permit, including, but not limited to the source having an ongoing, reoccurring or serious compliance problem. Upon rescinding a source's assignment to a General ACDP the Department will place the source on a Simple or Standard ACDP. The Commission may also revoke a General ACDP if conditions, standards or rules have changed so the permit no longer meets the requirements of this rule.
(5) General ACDPs adopted by reference. The following General ACDPs are adopted by this reference and incorporated herein:
(a) AQGP-001, Hard chrome platers (February 3, 2006)3;
(b) AQGP-002, Decorative chrome platers (February 3, 2006)2;
(c) AQGP-003, Halogenated solvent degreasers -- batch cold (December 12, 2008)2;
(d) AQGP-004, Halogenated solvent degreasers -- batch vapor and in-line (December 12, 2008)2;
(e) AQGP-005, Halogenated solvent degreasers -- batch cold, batch vapor, and in-line (December 12, 2008)2;
(f) AQGP-006, Dry cleaners (August 10, 2001)1;
(g) AQGP-007, Asphalt plants (October 17, 2007)3;
(h) AQGP-008, Rock crushers (October 17, 2007)2;
(i) AQGP-009, Ready-mix concrete (October 17, 2007)1;
(j) AQGP-010, Sawmills, planing mills, millwork, plywood manufacturing and veneer drying (October 17, 2007)3;
(k) AQGP-011, Boilers (October 17, 2007)2;
(l) AQGP-012, Crematories (October 17, 2007)2;
(m) AQGP-013, Grain elevators (August 10, 2001)1;
(n) AQGP-014, Prepared feeds, flour, and cereal (August 10, 2001)1;
(o) AQGP-015, Seed cleaning (August 10, 2001)1;
(p) AQGP-016, Coffee roasters (August 10, 2001)1;
(q) AQGP-017, Bulk gasoline plants (August 10, 2001)1;
(r) AQGP-018, Electric power generators (August 10, 2001)2;
(s) AQGP-019, Clay ceramics (December 12, 2008)1;
(t) AQGP-020, Hospital sterilization (December 12, 2008)4;
(u) AQGP-021, Secondary nonferrous metals (December 12, 2008)1;
(v) AQGP-022, Gasoline dispensing facilities – stage I (December 12, 2008)4;
(w) AQGP-023, Gasoline dispensing facilities – stage II (December 12, 2008)5.
NOTES: 1 The referenced General ACDPs specify that they are Fee Class One under OAR 340-216-0020, Table 2. 2 The referenced General ACDPs specify that they are Fee Class Two under OAR 340-216-0020, Table 2. 3 The referenced General ACDPs specify that they are Fee Class Three under OAR 340-216-0020, Table 2. 4 The referenced General ACDPs specify that they are Fee Class Four under OAR 340-216-0020, Table 2. 5 The referenced General ACDPs specify that they are Fee Class Five under OAR 340-216-0020, Table 2.
NOTE: Except for OAR 340-216-0060(5), this rule is included in the State of Oregon Clean Air Act Implementation Plan as adopted by the EQC under OAR 340-200-0040.
[ED. NOTE: Tables referenced in this rule are available from the agency.]
Stat. Auth.: ORS 468 & 468A
Stats. Implemented: ORS 468.020 & 468A.025
Hist.: DEQ 14-1998, f. & cert. ef. 9-14-98; DEQ 14-1999, f. & cert. ef. 10-14-99, Renumbered from 340-028-1725; DEQ 6-2001, f. 6-18-01, cert. ef. 7-1-01; DEQ 10-2001, f. & cert. ef. 8-30-01; DEQ 4-2002, f. & cert. ef. 3-14-02; DEQ 2-2006, f. & cert. ef. 3-14-06; DEQ 8-2007, f. & cert. ef. 11-8-07
Table 1
Part A: Activities and Sources
The following commercial and industrial sources must obtain a Basic ACDP under the procedures set forth in 340-216-0056 unless the source is required to obtain a different form of ACDP by Part B or C hereof: (Production and emission parameters are based on the latest consecutive 12 month period, or future projected operation, whichever is higher. Emission cutoffs are based on actual emissions.)
1. ** Autobody Repair or Painting Shops painting more than 25 automobiles in a year.
3. Concrete Manufacturing including Redimix and CTB more than 5,000 but less than 25,000 cubic yards per year output.
4. Crematory and Pathological Waste Incinerators with less than 20 tons/yr. material input.
5. Natural gas and propane fired boilers (with or without #2 diesel oil back-up(a)) of 10 or more MMBTU but less than 30 MMBTU/hr heat input constructed after June 9, 1989.
6. Paint stripping operations subject to an Area Source NESHAP.
7. Prepared feeds for animals and fowl and associated grain elevators more than 1,000 tons/yr. but less than 10,000 tons per year throughput.
8. Rock, Concrete or Asphalt Crushing both portable and stationary more than 5,000 tons/yr. but less than 25,000 tons/yr. crushed.
9. Surface coating operations whose actual or expected usage of coating materials is greater than 250 gallons per month, excluding sources that exclusively use non-VOC and non-HAP containing coatings (e.g. powder coating operations).
Part B Activities and Sources
The following commercial and industrial sources must obtain either:
• a General ACDP, if one is available for the source classification and the source qualifies for a General ACDP under the procedures set forth in 340-216-0060;
• a Simple ACDP under the procedures set forth in 340-216-0064; or
• a Standard ACDP under the procedures set forth in 340-216-0066 if the source fits one of the criteria of Part C hereof.
1. Aerospace or Aerospace Parts Manufacturing
2. Aluminum Production - Primary
3. Ammonia Manufacturing
4. Animal Rendering and Animal Reduction Facilities
5. Asphalt Blowing Plants
6. Asphalt Felts or Coating
7. Asphaltic Concrete Paving Plants both stationary and portable
8. Bakeries, Commercial over 10 tons of VOC emissions per year
9. Battery Separator Manufacturing
10. Battery Manufacturing and Re-manufacturing
11. Beet Sugar Manufacturing
12. Boilers and other Fuel Burning Equipment over 10 MMBTU/hr. heat input, except exclusively Natural Gas and Propane fired units (with or without #2 diesel backup) under 30 MMBTU/hr. heat input
13. Building paper and Buildingboard Mills
14. Calcium Carbide Manufacturing
15. *** Can or Drum Coating
16. Cement Manufacturing
17. * Cereal Preparations and Associated Grain Elevators 10,000 or more tons/yr. throughput
18. Charcoal Manufacturing
19. Chlorine and Alkalies Manufacturing
20. Chrome Plating
21. Clay Ceramics Manufacturing subject to an Area Source NESHAP
22. Coffee Roasting (roasting 30 or more tons per year)
23. Concrete Manufacturing including Redimix and CTB 25,000 or more cubic yards per year output
24. Crematory and Pathological Waste Incinerators 20 or more tons/yr. material input
25. Degreasers (halogenated solvents subject to a NESHAP)
26. Electrical Power Generation from combustion (excluding units used exclusively as emergency generators)
27. Ethylene Oxide Sterilization
28. *** Flatwood Coating regulated by Division 232
29. *** Flexographic or Rotogravure Printing subject to RACT
30. * Flour, Blended and/or Prepared and Associated Grain Elevators 10,000 or more tons/yr. throughput
31. Galvanizing and Pipe Coating (except galvanizing operations that use less than 100 tons of zinc/yr.)
32. *** Gasoline Bulk Plants, Bulk Terminals, and Pipeline Facilities
33. ****Gasoline dispensing facilities
34. Gasoline Terminals
35. Glass and Glass Container Manufacturing
36. * Grain Elevators used for intermediate storage 10,000 or more tons/yr. throughput
37. Grain terminal elevators
38. Gray iron and steel foundries, malleable iron foundries, steel investment foundries, steel foundries 100 or more tons/yr. metal charged (not elsewhere identified)
39. Gypsum Products Manufacturing
40. Hardboard Manufacturing (including fiberboard)
41. Hospital sterilization operations subject to an Area Source NESHAP.
42. Incinerators with two or more ton per day capacity
43. Lime Manufacturing
44. *** Liquid Storage Tanks subject to OAR Division 232
45. Magnetic Tape Manufacturing
46. Manufactured and Mobile Home Manufacturing
47. Marine Vessel Petroleum Loading and Unloading
48. Millwork (including kitchen cabinets and structural wood members) 25,000 or more bd. ft./maximum 8 hr. input
49. Molded Container
50. Motor Coach Manufacturing
51. Natural Gas and Oil Production and Processing and associated fuel burning equipment
52. Nitric Acid Manufacturing
53. Non-Ferrous Metal Foundries 100 or more tons/yr. of metal charged
54. Organic or Inorganic Chemical Manufacturing and Distribution with ½ or more tons per year emissions of any one criteria pollutant (sources in this category with less than ½ ton/yr. of each criteria pollutant are not required to have an ACDP)
55. *** Paper or other Substrate Coating
56. Particleboard Manufacturing (including strandboard, flakeboard, and waferboard)
57. Perchloroethylene dry cleaners that do not submit a complete Dry Cleaner Annual Hazardous Waste and Air Compliance Report by June 1 of any given year
58. Pesticide Manufacturing 5,000 or more tons/yr. annual production
59. Petroleum Refining and Re-refining of Lubricating Oils and Greases including Asphalt Production by Distillation and the reprocessing of oils and/or solvents for fuels
60. Plywood Manufacturing and/or Veneer Drying
61. Prepared feeds for animals and fowl and associated grain elevators 10,000 or more tons per year throughput
62. Primary Smelting and/or Refining of Ferrous and Non-Ferrous Metals
63. Pulp, Paper and Paperboard Mills
64. Rock, Concrete or Asphalt Crushing both portable and stationary 25,000 or more tons/yr. crushed
65. Sawmills and/or Planing Mills 25,000 or more bd. ft./maximum 8 hr. finished product
66. Secondary Nonferrous Metals Processing subject to an Area Source NESHAP
67. Secondary Smelting and/or Refining of Ferrous and Non-Ferrous Metals
68. * Seed Cleaning and Associated Grain Elevators 5,000 or more tons/yr. throughput
69. Sewage Treatment Facilities employing internal combustion for digester gasses
70. Soil Remediation Facilities stationary or portable
71. Steel Works, Rolling and Finishing Mills
72. *** Surface Coating in Manufacturing subject to RACT
73. Surface Coating Operations with actual emissions of VOCs before add on controls of 10 or more tons/yr.
74. Synthetic Resin Manufacturing
75. Tire Manufacturing
76. Wood Furniture and Fixtures 25,000 or more bd. ft./maximum 8 hr. input
77. Wood Preserving (excluding waterborne)
78. All Other Sources not listed herein that the Department determines an air quality concern exists or one which would emit significant malodorous emissions
79. All Other Sources not listed herein which would have actual emissions, if the source were to operate uncontrolled, of 5 or more tons a year of PM10 if located in a PM10 non-attainment or maintenance area, or 10 or more tons of any single criteria pollutant in any part of the state
Part C: Activities and Sources
The following sources must obtain a Standard ACDP under the procedures set forth in 340-216-0066:
1. Incinerators for PCBs and / or other hazardous wastes
2. All Sources that the Department determines have emissions that constitute a nuisance
3. All Sources electing to maintain the source’s baseline emission rate, or netting basis
4. All Sources subject to a RACT, BACT, LAER, NESHAP adopted in OAR 340-244-0220, NSPS, State MACT, or other significant Air Quality regulation(s), except:
a. Source categories for which a General ACDP has been issued, and
b. Sources with less than 10 tons/yr. actual emissions that are subject to RACT, NSPS or a NESHAP adopted in OAR 340-244-0220 which qualify for a Simple ACDP
5. All Sources having the Potential to Emit more than 100 tons of any regulated air contaminant in a year
6. All Sources having the Potential to Emit more than 10 tons of a single hazardous air pollutant in a year
7. All Sources having the Potential to Emit more than 25 tons of all hazardous air pollutants combined in a year
Notes:
* Applies only to Special Control Areas
** Portland AQMA only
*** Portland AQMA, Medford-Ashland AQMA or Salem SKATS only
**** Gasoline dispensing facilities are not required to obtain an ACDP prior to January 1, 2010.
(a) “back-up” means less than 10,000 gallons of fuel per year
Table 2 Part 1. Initial Permitting Application Fees: (in addition to first annual fee) a. Short Term Activity ACDP $3,000.00
b. Basic ACDP $120.00
c. Assignment to General ACDP $1,200.00
d. Simple ACDP $6,000.00
e. Construction ACDP $9,600.00
f. Standard ACDP $12,000.00
g. Standard ACDP (PSD/NSR) $42,000.00
Part 2. Annual Fees: (Due 12/1 for 1/1 to 12/31 of the following year) a. Short Term Activity ACDP
$NA
b. Basic ACDP
$360.00
c. General ACDP (A) Fee Class One $720.00
(B) Fee Class Two $1,296.00
(C) Fee Class Three $1,872.00
(D) Fee Class Four $360.00
(E) Fee Class Five $120.00
d. Simple ACDP (A) Low Fee $1,920.00
(B) High Fee $3,840.00
e. Standard ACDP
$7,680.00
Part 3. Specific Activity Fees: a. Non-Technical Permit Modification (1) $360.00
b. Non-PSD/NSR Basic Technical Permit Modification (2) $360.00
c. Non-PSD/NSR Simple Technical Permit Modification(3) $1,200.00
d. Non-PSD/NSR Moderate Technical Permit Modification (4) $6,000.00
e. Non-PSD/NSR Complex Technical Permit Modification (5) $12,000.00
f. PSD/NSR Modification $42,000.00
g. Modeling Review (outside PSD/NSR) $6,000.00
h. Public Hearing at Source's Request $2,400.00
i. State MACT Determination $6,000.00
j. Compliance Order Monitoring (6) $120.00/month
Part 4. Late Fees: a. 8-30 days late 5% of annual fee b. 31-60 days late 10% of annual fee c. 61 or more days late 20% of annual fee 1. Non-Technical modifications include, but are not limited to name changes, change of ownership and similar administrative changes. 2. Basic Technical Modifications include, but are not limited to corrections of emission factors in compliance methods, changing source test dates for extenuating circumstances, and similar changes. 3. Simple Technical Modifications include, but are not limited to, incorporating a PSEL compliance method from a review report into an ACDP, modifying a compliance method to use different emission factors or process parameter, changing source test dates for extenuating circumstances, changing reporting frequency, incorporating NSPS and NESHAP requirements that do not require judgment, and similar changes. 4. Moderate Technical Modifications include, but are not limited to incorporating a relatively simple new compliance method into a permit, adding a relatively simple compliance method or monitoring for an emission point or control device not previously addressed in a permit, revising monitoring and reporting requirements other than dates and frequency, adding a new applicable requirement into a permit due to a change in process or change in rules and that does not require judgment by the Department, incorporating NSPS and NESHAP requirements that do not require judgment, and similar changes. 5. Complex Technical Modifications include, but are not limited to incorporating a relatively complex new compliance method into a permit, adding a relatively complex compliance method or monitoring for an emission point or control devise not previously addressed in a permit, adding a relatively complex new applicable requirement into a permit due to a change in process or change in rules and that requires judgment by the Department, and similar changes. 6. This is a one time fee payable when a Compliance Order is established in a Permit or a Department Order containing a compliance schedule becomes a Final Order of the Department and is based on the number of months the Department will have to oversee the Order. |