Department of Environmental Quality
Chapter 340
Division 245
CLEANER AIR OREGON
340-245-0030
Submittal and Payment Deadlines
(1) When required to demonstrate compliance with OAR 340-245-0040, 340-245-0050, 340-245-0060, or 340-245-0100 the owner or operator of a source must submit to DEQ all information and specific activity fees under OAR 340-216-8030 Table 3 required by, and by the deadlines specified in, subsections (a) through (h), as applicable, except as allowed under section (3). The owner or operator of a new or reconstructed source must also submit the following information but the time deadlines in subsections (a) through h) do not apply.
(a)(A) An emissions inventory under OAR 340-245-0040 that will be used in the risk assessment must be submitted to DEQ no later than 90 days after the DEQ notice date; and
(B) For an existing source, if the owner or operator is submitting DEQ-approved source test data to supplement the emissions inventory, the updated emissions inventory must be submitted to DEQ no later than 150 days after the DEQ notice date. The owner or operator must also submit a modeling protocol and Level 3 or Level 4 Risk Assessment work plan prior to or concurrent with the submission of source test data, if applicable;
(b) The modeling protocol under OAR 340-245-0210 must be submitted to DEQ no later than 30 days after receiving DEQ approval of the emissions inventory under subsection (a);
(c) The Level 3 or Level 4 Risk Assessment work plan under OAR 340-245-0210 must be submitted to DEQ no later than 60 days after receiving DEQ approval of the updated emissions inventory under subsection (a);
(d) Risk Assessments required under OAR 340-245-0050(8) through (11) must be submitted to DEQ in accordance with the following deadlines:
(i) A Level 1 or Level 2 Risk Assessment under OAR 340-245-0050(8) or (9) must be submitted to DEQ no later than 60 days after DEQ approval of the modeling protocol required under subsection (b);
(ii) A Level 3 Risk Assessment under OAR 340-245-0050(10) must be submitted to DEQ no later than 120 days after DEQ approval of the Level 3 Risk Assessment work plan required under subsection (c);
(iii) A Level 4 Risk Assessment under OAR 340-245-0050(11) must be submitted to DEQ no later than 150 days after DEQ approval of the Level 4 Risk Assessment work plan required under subsection (c);
(iv) In the case where DEQ has performed a preliminary risk assessment based on the approved emissions inventory, modeling protocol, and Risk Assessment work plan (if applicable) required under OAR 340-245-0050(1), and has determined that risk from an existing source may exceed the Immediate Curtailment Level, DEQ may:
(I) Reduce the Risk Assessment submittal deadline to a period of no less than 30 days for chronic risk or 15 days for acute risk, unless a shorter deadline is agreed to in writing between DEQ and the source; or
(II) Require submittal of information, by a date certain, sufficient to demonstrate that the source risk will not exceed the Immediate Curtailment Level, including but not limited to a revised emissions inventory.
(e) If risk from the source is greater than the Immediate Curtailment Level, a report describing the immediate action taken by the owner or operator to reduce risk to below the Immediate Curtailment Level as required under OAR 340-245-0130(7) must be submitted to DEQ no later than seven days after DEQ approval of a Level 3 Risk Assessment or a Level 4 Risk Assessment under subsection (d)(ii), (iii), or (iv);
(f) A Toxic Air Contaminant Monitoring Plan under OAR 340-245-0230 and an application for a Toxic Air Contaminant Permit Addendum under OAR 340-245-0100 must be submitted to DEQ no later than 30 days after DEQ approval of a Level 3 Risk Assessment or a Level 4 Risk Assessment under subsection (d)(ii), (iii), or (iv);
(g) A Risk Reduction Plan under OAR 340-245-0130 and an application for a Toxic Air Contaminant Permit Addendum under OAR 340-245-0100 must be submitted to DEQ no later than 30 days after DEQ approval of a Level 3 or a Level 4 Risk Assessment under subsection (d)(ii), (iii), or (iv); and
(h) For owners or operators that are not required to submit a Risk Reduction Plan and who do not choose to perform air monitoring, an application for a Toxic Air Contaminant Permit Addendum under OAR 340-245-0100 must be submitted to DEQ within 30 days after DEQ approval of any level of risk assessment, whichever is applicable.
(2) Upon receipt of a submittal described in section (1), DEQ will review the submittal and if DEQ determines that any additional information, corrections, or updates are required in order to approve the submittal, then DEQ will provide the owner or operator with a written request to provide such information by a date certain.
(3) An owner or operator may request an extension of time from a deadline established in section (1) or section (2) by providing DEQ with a written request no fewer than 15 days prior to the submittal deadline. DEQ may grant an extension based on the following criteria:
(a) The owner or operator has demonstrated progress in completing the submittal; and
(b) A delay is necessary, for good cause shown by the owner or operator, related to obtaining more accurate or new data, performing additional analyses, or addressing changes in operations or other key parameters, any of which are likely to have a substantive impact on the outcomes of the submittal.
(4) If DEQ determines it is not able to approve the owner or operator’s submittal, or if the owner or operator does not timely provide additional information or corrections requested by DEQ, then in addition to any other remedies available, DEQ may:
(a) With sufficient factual basis, modify the information provided by the owner or operator, approve it as modified, and the owner or operator must pay the document modification fee in OAR 340-216-8030 Table 3; or
(b) Inform the owner or operator of the deficiency, and provide the owner or operator with a revised deadline to submit the needed information.
(5) Recordkeeping. The owner or operator of a source that provides DEQ with any information related to a risk assessment completed under this rule must retain all of its records related to the risk assessment for five years from the date the information is submitted to DEQ.
Statutory/Other Authority: ORS 468.020, 468.065, 468A.025, 468A.040, 468A.050, 468A.070, 468A.155, 468A.135, 468A.337 & 468A.345
Statutes/Other Implemented: 468.065, 468A.025, 468A.040, 468A.050, 468A.070, 468A.155, 468A.010, 468A.015, 468A.035, 468A.337, 468A.345, 468A.335 & 468A.343
History:
DEQ 18-2021, amend filed 11/17/2021, effective 11/17/2021
DEQ 197-2018, adopt filed 11/16/2018, effective 11/16/2018