Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 14 - PROCEDURES FOR ISSUANCE, DENIAL, MODIFICATION, AND REVOCATION OF GREEN PERMITS › Section 340-014-0145 - Procedures for Issuing Custom Waiver Permits or GEMS Permits

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Applications
			 for Custom Waiver Permits or GEMS Permits shall be made to the Department of
			 Environmental Quality in a format specified by the Department. Facilities
			 located in Lane County may choose to apply with the Lane Regional Air Pollution
			 Authority (LRAPA) if the application includes issues within the jurisdiction of
			 LRAPA. The application shall include sufficient information to evaluate the
			 intent and ability of the applicant to meet the criteria for approval of the
			 Custom Waiver Permit or GEMS Permit. The Department may modify application
			 procedures for the three facilities participating in the Environmental
			 Management Systems Incentives Project pilot project beginning May 20, 1998 and
			 ending with the agency's final decision on issuing the GEMS Permit.
(2) The agencies may limit the number of
			 Custom Waiver Permit or GEMS Permit applications accepted by the agencies. In
			 making this determination, the agencies may consider the resources available to
			 process and administer the permit. The agencies may also consider the regulated
			 status and compliance history of the facility when determining whether to
			 accept an application.
(3) The
			 agency shall coordinate with other agencies as may be necessary to obtain
			 federal, state and local approvals for issuing a Custom Waiver Permit or GEMS
			 Permit. The agency shall provide a copy of each application accepted to the
			 USEPA, and request assistance in identifying any decisions for waivers or
			 incentives that require USEPA action as expeditiously as possible.
(4) If the proposed Custom Waiver Permit or
			 GEMS Permit is to replace in whole or part any existing permit, an application
			 for a Custom Waiver Permit or GEMS Permit shall be treated as an application
			 for renewal of a permit under OAR 340-014-0030 or other applicable rule. As
			 long as the application is made in a timely manner prior to the expiration date
			 of the existing permit(s), the existing permit(s) shall remain in effect until
			 final action has been taken on the Custom Waiver Permit or GEMS permit
			 application subject to this section.
(5) Upon acceptance of the application, the
			 agency shall provide public notice of the application and the proposed process
			 for considering issuance of the Custom Waiver Permit or GEMS Permit, including
			 the proposed timeline for public notice and comment. Applications for a Custom
			 Waiver Permit, GEMS Achiever Permit and GEMS Leader Permit shall specify
			 methods in which the public may comment on early drafts of the
			 permit.
(6) The agency shall verify
			 that the applicant has satisfied the criteria for approval of the Custom Waiver
			 Permit or GEMS Permit. The agency shall provide an opportunity for public
			 notice and comment on the proposed Custom Waiver Permit or GEMS Permit. All
			 comments must be submitted in writing within 30 calendar days from the
			 commencement of the public notice period if such comments are to receive
			 consideration prior to final action on the application. If, within 14 days
			 after commencement of the public notice period, the agency receives written
			 requests from ten persons, or from an organization or organizations
			 representing at least ten persons, for a public hearing to allow interested
			 persons to appear and submit oral or written comments on the proposed
			 provisions, the agency shall provide such a hearing before taking final action
			 on the application, at a reasonable place and time and on reasonable notice.
			 Notice of such a hearing may be given, in the agency's discretion, either in
			 the notice accompanying the proposed provisions or in such other manner as is
			 reasonably calculated to inform interested persons. The agency may adopt or
			 modify the proposed provisions or recommend denial of a permit. In taking such
			 action, the agency shall consider comments received regarding the proposed
			 provisions and any other information obtained which may be pertinent to the
			 application being considered. The agency shall provide a response to the major
			 comments received, and make the response available to the facility and the
			 persons who provided comments on the draft permit prior to taking final action
			 on the Custom Waiver Permit or GEMS Permit.
(7) The decision of an agency to refuse to
			 issue a Custom Waiver Permit or GEMS Permit is not subject to judicial review.
			 The decision of an agency to issue a Custom Waiver Permit or GEMS Permit may be
			 appealed in accordance with the provisions of ORS 468.513.
Stat. Auth.: ORS 468.020
Stats. Implemented: ORS 468.501, ORS 468.503, ORS 468.506,
				  ORS 468.508, ORS 468.511, ORS 468.513, ORS 468.516, ORS 468.518 & ORS
				  468.521