340-014-0120 Criteria for Approval of a GEMS Achiever Permit An agency or agencies may approve a GEMS Achiever Permit (also known as Tier II) upon demonstration to the agency’s satisfaction that the applicant has: (1) Implemented, and will maintain and improve a robust environmental management system that is certified as meeting the ISO 14001 standard, or meets the purpose or intent of each of the ISO 14001 clauses, and supports verification; committed to maintaining and exceeding regulatory compliance; committed to applying the pollution prevention definition and pollution prevention hierarchy in setting objectives and targets and developing the environmental program; and committed to continual improvement; (2) Evaluated environmental impacts and set objectives and targets that will achieve superior environmental performance for those site-based aspects that have significant impacts, taking into consideration both regulated and unregulated pollutants and other environmental impacts; (3) Developed an environmental program that will achieve environmental results that are significantly better than otherwise required by law; (4) Established performance measures that will be used to explain environmental information in context with past performance; (5) Submitted a baseline performance report that summarizes: (a) Environmental policies affecting the facility operations; (b) Environmental information regarding significant environmental impacts, including those appropriate to the scope of the targeted impacts; and (c) Performance measures and performance achievements, including a description of the environmental program that will achieve the results described in sections (2) and (3) above, and a demonstration that the facility has reduced overall environmental impacts in the three year period prior to applying for the GEMS Permit, or, for new facilities, demonstrated by methods used to minimize environmental impacts in the design of the facility; and (6) Developed a plan for an annual update of the performance report that updates the information required in (5) above, and includes: (a) Performance achievements, and, if appropriate, a description of any obstacles encountered and how addressed; (b) Environmental management system deficiencies and how addressed; (c) Compliance issues, and how addressed; (d) Stakeholder involvement activities, and input received from stakeholders and how addressed; and (e) Revised objectives and targets for targeted impacts; and (7) Developed a program for stakeholder involvement appropriate to the scope of the environmental management system and site-based impacts, and has implemented and continues to implement activities that provide for dialogue regarding environmental performance and a mechanism for receiving, considering and responding to comments received. The facility shall: (a) Encourage public inquiries and comments regarding the facility’s environmental performance; (b) Provide mechanisms to discuss the environmental policy, annual performance report, environmental aspects and impacts, and establishment of objectives and targets; and (c) Consider results of stakeholder involvement in decision making, and respond to comments received. 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 16-2018, minor correction filed 03/28/2018, effective 03/28/2018 DEQ 13-1999, f. & cert. ef. 9-14-99