Or. Admin. R. 340-218-0150 - Administrative Permit Amendments
(1) An
"administrative permit amendment" is a permit revision that:
(a) Corrects typographical errors;
(b) Identifies a change in the name, address,
or phone number of the responsible official identified in the permit, or
provides a similar minor administrative change at the source;
(c) Allows for a change in the name of the
permittee;
(d) Allows for a change
in ownership or operational control of a source where DEQ determines that no
other change in the permit is necessary, provided that a written agreement
containing a specific date for transfer of permit responsibility, coverage, and
liability between the current and new permittee has been submitted to
DEQ;
(e) Requires more frequent
monitoring or reporting by the permittee;
(f) Allows for a change in the date for
reporting or source testing requirements for a source or emissions unit that is
temporarily shut down or would otherwise have to be operated solely for the
purposes of conducting the source test, except when required by a compliance
schedule;
(g) Relaxes monitoring,
reporting or recordkeeping due to a permanent source shutdown for only the
emissions unit being shut down; or
(h) Incorporates into the Oregon Title V
Operating Permit the requirements from preconstruction review permits
authorized under OAR 340 division 224 or OAR 340-210-0205 through 340-210-0250,
provided that the procedural requirements followed in the preconstruction
review are substantially equivalent to the requirements of 340-218-0120 through
340-218-0210 and 340-218-0230 that would be applicable to the change if it were
subject to review as a permit modification, compliance requirements are
substantially equivalent to those contained in 340-218-0050 through
340-218-0110, and no changes in the construction or operation of the facility
that would require a permit modification under 340-218-0160 through
340-218-0180 have taken place.
(2) Administrative permit amendments for
purposes of the national acid rain portion of the permit will be governed by
regulations promulgated under Title IV of the FCAA.
(3) Administrative permit amendment
procedures. An administrative permit amendment will be made by DEQ consistent
with the following:
(a) The owner or operator
must promptly submit an application for an administrative permit amendment upon
becoming aware of the need for one on forms provided by DEQ along with a copy
of the draft amendment;
(b) DEQ
will take no more than 60 days from receipt of a request for an administrative
permit amendment to take final action on such request, and may incorporate such
changes without providing notice to the public or affected States provided that
it designates any such permit revisions as having been made pursuant to this
rule;
(c) DEQ will issue the
administrative permit amendment in the form of a permit addendum for only those
conditions that will change;
(d)
DEQ will submit a copy of the permit addendum to the EPA;
(e) The source may implement the changes
addressed in the request for an administrative amendment immediately upon
submittal of the request;
(f) If
the source fails to comply with its draft permit terms and conditions upon
submittal of the application and until DEQ takes final action, the existing
permit terms and conditions it seeks to modify may be enforced against
it.
(4) DEQ must, upon
taking final action granting a request for an administrative permit amendment,
allow coverage by the permit shield in OAR 340-218-0110 only for administrative
permit amendments made pursuant to 340-218-0150(1)(h) which meet the relevant
requirements of 340-218-0050 through 340-218-0240 for significant permit
modifications.
(5) If it becomes
necessary for DEQ to initiate an administrative amendment to the permit, DEQ
will notify the permittee of the intended action by certified or registered
mail. The action will become effective 20 days after the date of mailing unless
within that time the permittee makes a written request for a hearing. The
request must state the grounds for the hearing. Any hearing held will be
conducted pursuant to the applicable provisions of ORS 183.
Notes
Statutory/Other Authority: ORS 468.020, 468A.025, 468A.040 & 468A.310
Statutes/Other Implemented: ORS 468A
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