OAR 340-216-8005
AIR CONTAMINANT DISCHARGE PERMITS
Table 1
The following source categories must obtain a permit. More than one source category in Table 1 may apply to a source and they are not necessarily listed in alphabetic order. If more than one source category in Table 1 applies to a source, the highest level of permit specified in Part A, B, or C is required.
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.
2. Concrete Manufacturing including Redimix and CTB more than 5,000 but less than 25,000 cubic yards per year output.
3. Crematory and Pathological Waste Incinerators with less than 20 tons/yr. material input.
4. Natural gas and propane fired boilers (with or without #2 diesel oil back-up****) of 10 or more MMBTU but less than 30 MMBTU/hr heat input constructed after June 9, 1989.
5. 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.
6. Rock, Concrete or Asphalt Crushing both portable and stationary more than 5,000 tons/yr. but less than 25,000 tons/yr. crushed.
7. 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 subject to RACT as regulated by division 232
2. Aluminum, Copper, and Other Nonferrous Foundries subject to an Area Source NESHAP
3. Aluminum Production - Primary
4. Ammonia Manufacturing
5. Animal Rendering and Animal Reduction Facilities
6. Asphalt Blowing Plants
7. Asphalt Felts or Coating Manufacturing
8. Asphaltic Concrete Paving Plants both stationary and portable
9. Bakeries, Commercial over 10 tons of VOC emissions per year
10. Battery Separator Manufacturing
11. Lead-Acid Battery Manufacturing and Re-manufacturing
12. Beet Sugar Manufacturing
13. Boilers and other Fuel Burning Equipment equal to or greater than 10 MMBTU/hour heat input each, except exclusively Natural Gas and Propane fired boilers (with or without #2 diesel backup) less than 30 MMBTU/hour each.
14. Building Paper and Buildingboard Mills
15. Calcium Carbide Manufacturing
16. *** Can or Drum Coating subject to RACT as regulated by division 232
17. Cement Manufacturing
18. * Cereal Preparations and Associated Grain Elevators 10,000 or more tons/yr. throughput
19. Charcoal Manufacturing
20. Chlorine and Alkali Manufacturing
21. Chrome Plating and Anodizing subject to a NESHAP
22. Clay Ceramics Manufacturing subject to an Area Source NESHAP
23. Coffee Roasting (roasting 30 or more tons per year)
24. Concrete Manufacturing including Redimix and CTB 25,000 or more cubic yards per year output
25. Crematory and Pathological Waste Incinerators 20 or more tons/yr. material input
26. Degreasers (halogenated solvents subject to a NESHAP)
27. Stationary reciprocating internal combustion engines used for electrical power generation or to power pumps or compressors, with individual site ratings of 500 horsepower or more, excluding 2-stroke lean burn engines
28. Stationary emergency generators and firewater pumps at least one of which is rated at 500 horsepower or more AND NOT COMMERICAL OR INSTITUTIONAL
2. Commercial Ethylene Oxide Sterilization, excluding facilities using less than 1 ton of ethylene oxide within all consecutive 12-month periods after December 6, 1996
30. Ferroalloy Production Facilities subject to an Area Source NESHAP
30. *** Flatwood Coating regulated by Division 232
31. *** Flexographic or Rotogravure Printing subject to RACT as regulated by division 232
32. * Flour, Blended and/or Prepared and Associated Grain Elevators 10,000 or more tons/yr. throughput
33. Galvanizing and Pipe Coating (except galvanizing operations that use less than 100 tons of zinc/yr.)
34. Bulk Gasoline Plants, Bulk Gasoline Terminals, and Pipeline Facilities
35. Gasoline dispensing facilities, excluding gasoline dispensing facilities with monthly throughput of less than 10,000 gallons of gasoline per month*****
36. Glass and Glass Container Manufacturing
37. Grain Elevators used for intermediate storage 10,000 or more tons/yr. throughput
38. Grain terminal elevators
39. Gray iron and steel foundries, malleable iron foundries, steel investment foundries, steel foundries 100 or more tons/yr. metal charged (not elsewhere identified)
40. Gypsum Products Manufacturing
41. Hardboard Manufacturing (including fiberboard)42. Hospital sterilization operations subject to an Area Source NESHAP
43. Incinerators with two or more ton per day capacity
44. Lime Manufacturing
45. *** Liquid Storage Tanks subject to RACT as regulated by division 232
46. Magnetic Tape Manufacturing
47. Manufactured Home, Mobile Home and Recreational Vehicle Manufacturing
48. ***Marine Vessel Petroleum Loading and Unloading subject to RACT as regulated by division 232
49. Metal Fabrication and Finishing Operations subject to an Area Source NESHAP, excluding facilities that meet all the following:
a. Do not perform any of the operations listed in OAR 340-216-0060(2)(b)(Y)(i) through (iii);
b. Do not perform shielded metal arc welding (SMAW) using metal fabrication and finishing hazardous air pollutant (MFHAP) containing wire or rod; and
c. Use less than 100 pounds of MFHAP containing welding wire and rod per year
50. Millwork Manufacturing (including kitchen cabinets and structural wood members) 25,000 or more bd. ft./maximum 8 hr. input
51. Molded Container Manufacturing
52. Motor Coach Manufacturing
53. Motor Vehicle and Mobile Equipment Surface Coating Operations subject to an Area Source NESHAP, excluding motor vehicle surface coating operations painting less than 10 vehicles per year or using less than 20 gallons of coating and 20 gallons of methylene chloride containing paint stripper per year, mobile equipment surface coating operations using less than 20 gallons of coating and 20 gallons of methylene chloride containing paint stripper per year, and motor vehicle surface coating operations registered pursuant to OAR 340-210-0100(2)
54. Natural Gas and Oil Production and Processing and associated fuel burning equipment
55. Nitric Acid Manufacturing
56. Non-Ferrous Metal Foundries 100 or more tons/yr. of metal charged
57. 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)
58. Paint and Allied Products Manufacturing subject to an Area Source NESHAP
59. Paint Stripping and Miscellaneous Surface Coating Operations subject to an Area Source NESHAP, excluding paint stripping and miscellaneous surface coating operations using less than 20 gallons of coating and 20 gallons of methylene chloride containing paint stripper per year
60. *** Paper or other Substrate Coating subject to RACT as regulated by division 232
61. Particleboard Manufacturing (including strandboard, flakeboard, and waferboard)
62. Perchloroethylene Dry Cleaning Operations subject to an Area Source NESHAP, excluding perchloroethylene dry cleaning operations registered pursuant to OAR 340-210-0100(2)
63. Pesticide Manufacturing 5,000 or more tons/yr. annual production
64. 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
65. Plating and Polishing Operations subject to an Area Source NESHAP
66. Plywood Manufacturing and/or Veneer Drying
67. Prepared Feeds Manufacturing for animals and fowl and associated grain elevators 10,000 or more tons per year throughput
68. Primary Smelting and/or Refining of Ferrous and Non-Ferrous Metals
69. Pulp, Paper and Paperboard Mills
70. Rock, Concrete or Asphalt Crushing both portable and stationary 25,000 or more tons/yr. crushed
71. Sawmills and/or Planing Mills 25,000 or more bd. ft./maximum 8 hr. finished product
72. Secondary Nonferrous Metals Processing subject to an Area Source NESHAP
73. Secondary Smelting and/or Refining of Ferrous and Non-Ferrous Metals
74. * Seed Cleaning and Associated Grain Elevators 5,000 or more tons/yr. throughput
75. Sewage Treatment Facilities employing internal combustion engines or flares for digester gasses
76. Soil Remediation Facilities (stationary or portable) using thermal desorption, and not exempted under ORS 465.315(3) or not under DEQ oversight through a cleanup agreement
77. Steel Works, Rolling and Finishing Mills
78. *** Surface Coating in Manufacturing subject to RACT as regulated by division 232
79. Surface Coating Operations with actual emissions of VOCs before add on controls of 10 or more tons/yr.
80. Synthetic Resin Manufacturing
81. Tire Manufacturing
82. Wood Furniture and Fixtures 25,000 or more bd. ft./maximum 8 hr. input
83. Wood Preserving (excluding waterborne)
84. All Other Sources not listed herein that DEQ determines an air quality concern exists or one which would emit significant malodorous emissions
85. 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
86.
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 DEQ determines have emissions that constitute a nuisance
3. All Sources electing to maintain the source’s netting basis
4. All Sources subject to a RACT, BACT, LAER, NESHAP adopted in OAR 340-244-0220, NSPS adopted in OAR 340-238-0060, State MACT, or other significant Air Quality regulation(s), except:
a. Source categories for which a General ACDP has been issued.
b. Sources with emissions less than the significant emission rate for any applicable pollutant that are subject to RACT, an NSPS adopted in OAR 340-238-0060 or a NESHAP adopted in OAR 340-244-0220, and which qualify for a Simple ACDP.
c. Sources registered pursuant to OAR 340-210-0100(2).
d. Stationary electrical power generation units used exclusively as emergency generators and units less than 500 horsepower.
e. Stationary reciprocating internal combustion engines used to power pump or compressors less than 500 horsepower.
f. Gasoline dispensing facilities, provided the gasoline dispensing facility has monthly throughput of less than 10,000 gallons of gasoline per month
g. Motor vehicle surface coating operations painting less than 10 vehicles per year or using less than 20 gallons of coating and 20 gallons of methylene chloride containing paint stripper per year, mobile equipment surface coating operations using less than 20 gallons of coating and 20 gallons of methylene chloride containing paint stripper per year, and motor vehicle surface coating operations registered pursuant to OAR 340-210-0100(2).
h. Paint stripping and miscellaneous surface coating operations using less than 20 gallons of coating and 20 gallons of methylene chloride containing paint stripper per year
i. Commercial ethylene oxide sterilization operations using less than 1 ton of ethylene oxide within all consecutive 12-month periods after December 6, 1996.
j. Metal fabrication and finishing operations that meet all the following:
A. Do not perform any of the operations listed in OAR 340-216-0060(2)(b)(Y)(i) through (iii);
B. Do not perform shielded metal arc welding (SMAW) using metal fabrication and finishing hazardous air pollutant (MFHAP) containing wire or rod; and
C. Use less than 100 pounds of MFHAP containing welding wire and rod per year.
k. Chemical manufacturing facilities that do not transfer liquids containing organic HAP listed in Table 1 of 40 CFR part 63 subpart VVVVVV to tank trucks or railcars and are not subject to emission limits in Table 2, 3, 4, 5, 6, or 8 of 40 CFR part 63 subpart VVVVVV.
l. Prepared feeds manufacturing facilities with less than 10,000 tons per year throughput.
m. Boilers and other fuel burning equipment less than or equal to 10 MMBTU/hr. heat input.
5. All sources having the potential to emit more than 100,000 tons CO2e of GHG emissions in a year.
6. All Sources having the potential to emit more than 100 tons of any regulated air pollutant in a year
7. All Sources having the potential to emit more than 10 tons of a single hazardous air pollutant in a year
8. All Sources having the potential toeEmit 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
**** “back-up” means less than 10,000 gallons of fuel per year
***** “monthly throughput” means the total volume of gasoline that is loaded into, or dispensed from, all gasoline storage tanks at the gasoline dispensing facility during a month. Monthly throughput is calculated by summing the volume of gasoline loaded into, or dispensed from, all gasoline storage tanks at the gasoline dispensing facility during the month, plus the total volume of gasoline loaded into, or dispensed from, all gasoline storage tanks at the gasoline dispensing facility during the previous 11 months, and then dividing that sum by 12
OAR 340-216-8010
AIR CONTAMINANT DISCHARGE PERMIT FEES
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 |
h. Standard ACDP (state NSR) | $21,000.00 |
*DEQ may waive the assignment fee for an existing source requesting to be assigned to a General ACDP because the source is subject to a newly adopted area source NESHAP as long as the existing source requests assignment within 90 days of notification by DEQ.
Part 2. Annual Fees: (Due date 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 | |
(F) Fee Class Six | $240.00 | |
d. Simple ACDP | (A) Low Fee | $1,920.00 |
(B) High Fee | $3,840.00 | |
e. Standard ACDP | $7,680.00 |
*The payment due date for dry cleaners or gasoline dispensing facilities may be extended by the Department until March 1st.
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 |
k. Greenhouse Gas Reporting, as required by OAR 340-215- | 15% of the applicable annual fee in Part 2 |
Part 4. Late Fees:
a. 8-30 days late 5%
b. 31-60 days late 10%
c. 61 or more days late 20%
1. Non-Technical modifications include, but are not limited to name changes, change of ownership and similar administrative changes. For gasoline dispensing facilities, a portion of these fees will be used to cover the fees required for changes of ownership in OAR 340-150-0052(4).
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.
jinahar, 2013-06-24T15:39:00Z
RICE NESHAP requires semi-annual or annual testing for engines greater than 500 hp (375 kW) so these guys need to be on a permit.
jinahar, 2013-06-13T15:27:00Z
These existing engines do not have any emission limits under the NESHAP so don’t need to be permitted
jinahar, 2013-06-13T15:27:00Z
RENUMBER
Preferred Customer, 2013-06-13T15:27:00Z
Includes marine loading/unloading? YES, INCLUDED IN DIVISION 232 DEFINITIONS
jinahar, 2013-06-13T15:27:00Z
get rid of special control areas because all grain elevators should be able to get a general ACDP. Redo general permit and notice/reassign
No, some grain elevators have emissions > SER and want baseline.
jinahar, 2013-06-13T15:27:00Z
Kathy – RV manufacturing same as mobile home manufacturing. But RV in category 85 right now and gets to pay simple low fee ($1900) vs simple high fee $3840.
pcuser, 2013-06-24T15:44:00Z
Do we really want to add flares?
pcuser, 2013-06-13T15:27:00Z
UNLESS IT CONFLICTS WITH CAA REQUIREMENTS. EPA WILL CONTINUE TO THINK ABOUT THE STATUTE EXEMPTION.
pcuser, 2013-06-13T15:27:00Z
Simple ACDPs are SER-1
jinahar, 2013-06-24T15:48:00Z
We want to exempt engines that run pumps or compressors like we do electrical emergency generators AND LOCATED AT COMMERCIAL OR INSTITUTIONAL FACILITIES?
jinahar, 2013-06-13T15:27:00Z
Make separate table