Oregon Air Quality Permit - Air Contaminant Discharge Permit (15-OR-a)
Air Quality Permit - Air Contaminant Discharge Permit Process
15-OR-a.1 to 15-OR-a.2 - Does the emissions source require a ADCP under 340-216-0020 (Table 1)
Under OAR 340-216-0020, no person may construct, install, establish, develop or operate any air contaminant source if the emissions source requires a permit from the DEQ. OAR 340-216-0020 (Table 1) lists emission source activities that require an Contaminant Discharge Permit (ACDP) from the DEQ. No construction of emission sources are allowed prior to the ACDP being issued. The applicant should expect a three (3) to six (6) month process for permit issuance depending on the type of ACDP required. When there is uncertainty whether an ACDP is required or what type of ACDP may be required, a Notice of Intent to Construct (NC), Form AQ104, should be submitted to DEQ for clarification on permitting requirements. There are no fees associated with the submittal of an NC.
15-OR-a.3 – Simple ACDP Application
The developer must submit a Simple ACDP Application to the DEQ to obtain permit coverage (found at Air Contaminant Discharge Webpage). The Simple ACDP application should include:
- Identifying information including the name of the company, address, and natural of the business;
- Name and phone number of a local person responsible for compliance with the permit;
- A description of the production processes and related flow chart;
- A plot plan showing the location and height of any air contaminant source;
- The type and quantity of any fuels used;
- An estimate of the amount and type of air contaminants emitted by the source;
- Information on pollution prevention measures and cross-media impacts for the DEQ to consider in determining applicable control requirements and evaluating compliance measures;
- An estimated efficiency of air pollution control equipment;
- A land use compatibility statement signed by a local city or county planner; and
- Any other information required by the department.
15-OR-a.4 to 15-OR-a.5 – Review Application for Completeness
The developer or the developer’s representative must complete in full and sign the application. The DEQ may require additional information while processing the application, in which case the DEQ will not consider the application complete for processing until the DEQ receives the requested information.
15-OR-a.6 – Publish Notice of Complete Application and Requested Permit Action
Once the DEQ considers the application complete under OAR 340-216-0040, the DEQ publishes notice of the complete application and requested permit action.
15-OR-a.7 – Schedule and Publish Notice of Informational Meeting with Local Community
The DEQ schedules and holds informational meetings for permit actions that have potentially high environmental and public health significance. These permit actions are given the greatest level of public notice and opportunity for participation. When required, the DEQ will schedule an information meeting within the community where the facility is located and publishes notice of the meeting. The DEQ will provide notice of the meeting at least 14 days before the meeting. The informational meeting is an opportunity for the DEQ to describe the requested permit action to the local community and accept comments. The DEQ considers any information gathered during the meeting, but does not maintain an official record of the meeting and will not provide written responses to comments.
15-OR-a.8– Review Application Materials
The DEQ reviews the application material and makes an initial determination on the permit application.
15-OR-a.9 – Proposed ACDP/Proposed Denial of Permit
The DEQ prepares a Draft ACDP permit or a proposed denial of the ACDP permit application.
15-OR-a.10 – Publish Notice of Permit Action
The DEQ publishes notice of the proposed permit action through the local news media and informs the applicant, any person on a mailing list maintained by the DEQ, as well as state and federal agencies. The public notice must include:
- The name of the applicant and location of the facility;
- The type of facility, including a description of the facility’s processes subject to permitting;
- A description of the air contaminant emissions, including the type and quantity;
- The location and description of documents relied upon in preparing the draft permit;
- Other permits required by the DEQ;
- The date of any previous permit actions;
- The opportunity for public comment and a brief description of the comment procedures;
- The compliance, enforcement, and complaint history along with the resolution of any complaints;
- A basis of need for the proposed permit;
- Any special conditions imposed in the proposed permit action;
- Whether each proposed permitted emission is a criteria pollutant;
- Whether the location of the facility is in an attainment or non-attainment area;
- Other information relevant to the permitting action;
- The name and address of the DEQ office processing the permit; and
- The name, address, and telephone number or e-mail address where interested persons may obtain additional information.
15-OR-a.11 to 15-OR-a.12 – Hold Public Hearing and Comments on Permit Action and Public Hearing
DEQ will hold a public hearing if requested by 10 or more individuals or one person representing a group of 10 or more individuals during the public notice period. A public hearing may be scheduled to be held during the public notice period if requested by the source. The DEQ provides a public hearing on ACDP permit actions at a reasonable place and time before making the final permit determination. A presiding officer will preside over the public hearing and ensure the proper procedures are followed for the public to comment on the proposed permit action. The presiding officer will present a summary of the proposed permit action and then allow interested persons to submit oral or written comments on the proposed action. After the public hearing, the presiding officer will prepare a report of the hearing including the permit action, written comments, and a summary of oral comments.
15-OR-a.13 – Respond to Comments
The DEQ, before issuing a final permit or permit denial, prepares a written response to address each relevant, distinct issue raised during the comment period and during the hearing record. The DEQ will make a record of the public comments, including the names and affiliation of the persons and the issues raised during the public participation process. Additionally, the developer may submit a written response to any comments within 10 working days of the close of the public comment period. The DEQ will consider the developer’s response in making a final permit determination.
15-OR.a.14 – Modify Permit, as Necessary
After considering the comments from the public and any responses from the developer/applicant, the DEQ may adopt or modify the provisions in the permit application as necessary.
15-OR-a.15 – ACDP/Permit Denial
If the DEQ issues a Simple ACDP, the department will promptly notify the developer in writing of the final action and will include a copy of the permit. If the final permit conditions are different than those contained in the proposed permit, the letter will notify the developer of the changed conditions and the reasons for those changes. If the DEQ denies the permit application, the department will notify the developer in writing of the final decision to deny the permit and the reason for the denial.
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