340-014-0135 Waivers or Incentives (1) A Custom Waiver Permit shall identify the environmental requirements that are waived or replaced and under what conditions. A GEMS Permit shall identify the regulatory flexibility granted by the permit, including the environmental requirements that are waived or replaced and under what conditions. (2) Notwithstanding any other provision of law, any requirement under the environmental laws, except those required by treaty, interstate compact, court order or by a federal law, that is contrary to the terms and provisions of a Custom Waiver Permit or a GEMS Permit shall not apply to a facility operating under a Custom Waiver Permit or a GEMS Permit. Any prior conflicting permit condition shall be revised by an agency that has jurisdiction over the Custom Waiver Permit or GEMS Permit through the procedures for issuing a Custom Waiver Permit or GEMS Permit. Except as specifically revised in a Custom Waiver Permit or a GEMS Permit, any existing environmental permit or requirement shall remain in effect. (3) GEMS Permits may provide incentives that vary by the type of GEMS Permit received, in which increasing levels of performance receive increasing regulatory benefits. (a) For all GEMS permits, the agency may apply its enforcement discretion to address appropriate compliance issues through improvements to the environmental management system; (b) For GEMS Achiever and GEMS Leader Permits, the agency may provide expeditious reviews of proposed modifications to existing permits, modify existing permits for maximum flexibility for process changes which do not negatively impact the environment, extend the duration of permits or synchronize the timeframes of permit renewals, modify recordkeeping or reporting requirements, coordinate reporting cycles among permits, or provide other benefits that streamline regulatory interactions or benefit the facility. For GEMS Achiever and GEMS Leader Permits, the agency may provide waivers of environmental laws, if needed, to make these incentives possible. (c) For GEMS Leader Permits, the agency may facilitate innovative approaches that involve more than one facility (e.g., multiple applications for the same project, such as facilitating a supplier-customer relationship). (4) When a specific waiver or incentive affects a federal requirement or a state requirement that implements a federally delegated, authorized or approved program, the U.S. Environmental Protection Agency (USEPA) may need to take action in order to provide the waiver or incentive, including but not limited to, rulemakings, or approval of a revision to an authorized program or the State of Oregon Clean Air Act Implementation Plan. When USEPA determines that USEPA action is required for a specific waiver or incentive, the agencies shall not issue the waiver or incentive until after the USEPA has agreed to take action, has complied with applicable federal statutory standards and procedures, including public review and comment, and has notified the agencies that the waiver or incentive may be issued. Statutory/Other Authority: ORS 468.020 Statutes/Other Implemented: ORS 468.501, 468.503, 468.506, 468.508, 468.511, 468.513, 468.516, 468.518 & 468.521 History: DEQ 13-1999, f. & cert. ef. 9-14-99