Air Contaminant Discharge Permits (ACDPs)
In Lane County, the Lane Regional Air Protection Agency is responsible for issuing air permits to commercial and industrial operations with emissions above a certain threshold. LRAPA’s air permits have operational requirements that follow Federal, State, and Local regulations designed to minimize emissions from businesses.
There are approximately 300 commercial and industrial operations in Lane County with an air permit issued by LRAPA. LRAPA’s permits are categorized into different types based on the complexity of the permit. Each category is listed below, starting with the most simplistic permit type, and progressing to the most complex.
Types of Permits
Regulations for registered sources are included under Title 34, Section 34-025 of LRAPA’s rules.
Registered sources are for businesses which emit emissions below a threshold which would subject them to an Air Contaminant Discharge Permit (ACDP), or Oregon TitleV operating permit. These businesses must register with LRAPA upon agency request.
Motor vehicle surface coating operations, and dry cleaners using perchloroethylene, subject to an Area Source National Emissions Standards for Hazardous Air Pollutants (NESHAP) can be certified through an LRAPA approved environmental certification program in lieu of obtaining a permit – unless LRAPA determines the business has not fulfilled the requirements of the environmental certification program. To be approved, the environmental program must, at minimum, require certified businesses to comply with all applicable state and federal rules and regulations as well as require additional measures to increase environmental protection.
The owner or operator of a business that is subject to federal New Source Performance Standards (NSPS) or NESHAP and is not located at a source required to hold an ACDP or TitleV operating permit must register and maintain registration with LRAPA if requested in writing by LRAPA or the EPA.
To obtain and maintain registration, businesses must pay the applicable fees in Title 37 Table 2 of LRAPA’s rules by March 1 of each year. Registration is automatically terminated upon failure to pay annual fees within 90 days of invoice by LRAPA, unless prior arrangements for payment have been approved in writing.
LRAPA may revoke a registration if a source fails to meet any requirements in Title 34-030 (Stationary Source Notification Requirements) of LRAPA’s rules.
Regulation for Basic ACDPs are included under Title 37, Section 37-0056 of LRAPA’s rules.
A Basic ACDP is a permit which authorizes a business to operate and release emissions provided they comply with conditions in the permit and LRAPA’s rules.
Owners and operators of businesses with activities listed in Table 1, Part A of Section 37-0030 of LRAPA’s rules must, at minimum, obtain a Basic ACDP. Businesses with a Basic ACDP have the flexibility to obtain either a Simple or Standard ACDP if/when the business wishes to expand operations and release additional emissions.
A Basic ACDP will contain only the most significant and relevant rules applicable to the business; cannot contain a Plant Site Emission Limit (PSEL); require a simplified annual report be submitted to LRAPA no later than February 15; and may not be issued for a period greater than 10 years.
LRAPA’s rules require no prior public notice or opportunity for participation for Basic ACDPs. However, LRAPA maintains a list of all applications, changes, and modifications made to a permit and is available for public review upon request.
Regulations for General ACDPs are included under Title 37, Section 37-0060 of LRAPA’s rules.
A General ACDP is a permit category where a specific individual permit for a business is unnecessary to protect the environment. Instead, General ACDPs apply standardized permit conditions to activities and processes at that business. For example, all gas stations generally operate in the same manner and therefore a specific and individual permit does not need to be written for every station in Lane County. Instead, a General ACDP for Stage I gasoline dispensing facilities – which already includes permit conditions that appropriately regulates processes, operations, and activities at gas stations – can be issued to any gas station applying for an air permit in Lane County.
There are six fee classes of General ACDP permits (General 1, General 2, General 3, General 4, General 5, and General 6). Each class has a separate annual fee, which is listed under Title 37, Table 2 of LRAPA’s rules. LRAPA issues annual fee invoices for the upcoming year on October 1, with payment due on December 1.
LRAPA’s General ACDPs currently available are:
- General 1 – Ready-mix concrete, crematories, coffee roasters (roasting 30 or more tons per year), plating and polishing, motor vehicle and mobile equipment surface coating operations.
- General 2 – Rock crushers, boilers, metal fabrication and finishing.
- General 3 – Hard chrome platers, asphalt plants, sawmills, planning mills, millwork, plywood manufacturing and veneer drying.
- General 4 – None.
- General 5 – Stage I gasoline dispensing facilities.
- General 6 – None.
A business may be assigned a General ACDP permit if a business meets (1) the qualifications outlined in Title 37, Section 37-0060 of LRAPA’s rules; (2) LRAPA determines the business does not have ongoing, recurring, or serious compliance problems; and (3) LRAPA determines a General ACDP would appropriately regulate the business’s actives and processes.
For General ACDPs LRAPA’s rules require a public notice and public comment period of at least 35 days for written comments to be submitted. A public hearing can be held if LRAPA determines a hearing is necessary or LRAPA receives written requests for a public hearing from ten or more people, or from an organization representing ten or more people, during the public comment period. If a public hearing is scheduled, LRAPA will provide a minimum 30-day notice of the time and venue to allow for oral and written comments to be submitted.
Regulations for General ACDPs are included under Title 37, Section 37-00604 of LRAPA’s rules.
A Simple ACDP is a permit category for businesses which do not qualify for a General ACDP but are not required to obtain a more involved Standard ACDP. Any business required to obtain a Simple ACDP may choose to obtain and Standard ACDP instead. LRAPA may also determine a source is ineligible for a Simple ACDP and must obtain and Standard ACDP.
A Simple ACDP will contain all requirements relevant to regulating emissions from a business. These requirements can include permit conditions from an LRAPA General ACDP, as well as any conditions listed in a Generic Plant-Site Emission Limits (PSEL) for a given pollutant, as describe in Title 42 of LRAPA’s rules. Simple ACDPs only include Generic PSELs and include testing, monitoring, recordkeeping, and reporting requirements sufficient to assure a business is complying with the Generic PSEL. These permits cannot exceed five years in length.
Depending on the actual emissions from a business, or the category of the business, a Simple ACDP will be classified as either “low” or “high.” The difference between this classification is the fee paid to LRAPA.
For Simple ACDPs, LRAPA’s rules require a public notice of the proposed permit action and 30 days for the submission of written comments if the permit is new or being renewed. If the permit is being modified for non-technical basic and simple technical modifications, no prior public notice or opportunity for participation is required. However, moderate or complex technical modifications require a public notice of the proposed modifications and 30 days for the submission of written comments.
Standard ACDPs are typically the most complex non-Title V permits with the highest permitting fees. The owner or operators of a source type listed in Table 1, Part C of 37-8010 of LRAPA’s rules must obtain a Standard ACDP. If the owner or operator of a source listed in Table 1, Part B of 37-8010 but does not qualify for a General or Simple ACDP then a Standard ACDP is required. Also, any owner or operator of a source which is not required to obtain a standard ACDP, may elect to obtain a Standard ACDP.
Standard ACDP are permits which contain all applicable requirements for the source to operate and may include conditions found in General ACDPs. Generic Plant Site Emission Limits (PSELs) for all regulated pollutants emitted at more than the de minimis emission level are also included in Standard ACDPs. This type of ACDP also include all applicable testing, monitoring, recordkeeping, and reporting requirements sufficient to determine compliance with a PSEL and other emission limits/standards. Standard ACDPs are set to expire five years after they are issued.
For Standard ACDPs, LRAPA’s rules require the issuance of a new, renewed, or modified permit to follow either a Category I, Category II, Category III, or Category IV public notice requirements depending on the type of permit action [see LRAPA 37-0066(4)]. The public notice requirements for Categories I through IV can be found in Section 31-0030 of LRAPA’s Rules.
Title V Operational Air Permit
Title V operational air permits are federal permits administered by LRAPA in Lane County to regulate major sources of air contaminant emissions. A “major source” has actual or potential emissions above 100 tons/year for any criteria air pollutant; over 10 tons/year for a single “Hazardous Air Pollutant” (HAPs); and/or 25 tons/year for any combination of HAP.
Read more about LRAPA’s administration of the Title V program in Lane County by visiting our Title V information page.