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DEPARTMENT OF ENVIRONMENTAL QUALITY

 

DIVISION 14

PROCEDURES FOR ISSUANCE, DENIAL, MODIFICATION,
AND REVOCATION OF GREEN PERMITS

[ED. NOTE: These rules are included in the State of Oregon Clean Air Act Implementation Plan as adopted by the Environmental Quality Commission under OAR 340-200-0040.]

Requirements for Green Permits

340-014-0100

Purpose of Green Permits

The purpose of the Green Permits program is to achieve environmental results that are significantly better than otherwise required by law through adoption of environmental management systems or use of innovative approaches or strategies. Agencies shall encourage applications that promote pollution prevention, source reduction, more efficient use of natural resources, improvements in technology or practices, utilization of environmental management systems and creation of public and private entity partnerships that can achieve environmental results that are significantly better overall than otherwise required by law.

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
Hist.: DEQ 13-1999, f. & cert. ef. 9-14-99

340-014-0105

Definitions

(1) "Agency" or "Agencies" means either the Department of Environmental Quality or the Lane Regional Air Pollution Authority or both, as the context requires.

(2) "Applicant" means a facility that has applied for a Custom Waiver Permit or GEMS Permit.

(3) "Baseline" means the calendar year preceding the year in which the Custom Waiver Permit or GEMS Permit is applied for, or other 12-month period approved by the agency.

(4) "Custom Waiver Permit" means a type of Green Permit that grants a waiver with respect to a particular facility approved under OAR 340-014-0110.

(5) "Environmental impact" means any change to the environment wholly or partially resulting from, either directly or indirectly, the facility's activities, products, or services. An environmental impact may be determined circumstantially, without direct measurement.

(6) "Environmental Laws" means ORS 454.605 to 454.780, 459.005 to 459.153, 459.705 to 459.790, 459.992, 459.995, 465.003 to 465.034, 466.005 to 466.385, 468.005 to 468.997, 468A.005 to 468A.992 and 468B.005 to 468B.500 and rules adopted thereunder. The term does not include any provision of the Oregon Revised Statutes or of any municipal ordinance or enactment that regulates the selection of a location for a new facility.

(7) "Environmental life cycle aspects" means elements of a facility's activities, products or services that can interact with the environment at any stage of the system, including but not limited to raw material acquisition, utilization of natural resources, transportation of materials, and ultimate use and disposal of the product.

(8) "Environmental management system" (EMS) means a continual cycle of planning, implementing, reviewing and improving the actions the facility takes to meet its environmental obligations and improve environmental performance, and that can be objectively verified.

(a) Environmental management systems include the environmental management system standard established by the International Organization for Standardization (ISO 14001) and other standards that meet the criteria for approval for GEMS Permits under OAR 340-014-0115 through 340-014-0125.

(b) A "robust" environmental management system is a system that can function effectively without being dependent upon particular individuals within the facility.

(9) "Facility" means any site or contiguous sites, any manufacturing operation or contiguous operations, or any business or municipal activity regulated under any provision of the environmental laws.

(10) "Green Permit" means a permit that provides administrative benefits or reduces environmental regulatory requirements to facilities that meet criteria for either a GEMS Permit or a Custom Waiver Permit.

(11) "Green Environmental Management System Permit" or "GEMS Permit" means a type of Green Permit that meets the criteria for approval for a GEMS Participant Permit, a GEMS Achiever Permit, or a GEMS Leader Permit.

(12) "GEMS Participant Permit" (also known as Tier I) means a permit issued under OAR 340-014-0115.

(13) "GEMS Achiever Permit" (also known as Tier II) means a permit issued under OAR 340-014-0120.

(14) "GEMS Leader Permit" (also known as Tier III) means a permit issued under OAR 340-014-0125.

(15) "Natural resources" include ecosystems and the raw materials extracted from them.

(16) "Person" means any individual, partnership, corporation, association, governmental subdivision or public or private organization of any character.

(17) "Pollution prevention" applies to environmental degradation caused by human activities. Pollution prevention means source reduction or any practice which reduces the amount of any hazardous substance, pollutant, or contaminant entering any waste stream or otherwise released into the environment (including fugitive emissions and discharges) prior to recycling, treatment, or disposal; reduces the hazards to public health and the environment associated with the release of such substances, pollutants, or contaminants; and reduces or eliminates the creation of pollutants through increased efficiency in the use of raw materials, energy, water or other resources, or protection of natural resources by conservation.

(a) Source reduction can include equipment or technology modifications; process or procedure modifications; reformulation or redesign of products; substitution of raw materials; and improvements in housekeeping, maintenance, training, purchasing or inventory controls.

(b) Source reduction does not include any practice which alters the physical, chemical or biological characteristics or the volume of a hazardous substance, pollutant, or contaminant through a process or activity which itself is not integral to and necessary for the production of a product or the providing of a service. Environmental management approaches such as recycling, combustion, treatment, control and disposal are not pollution prevention.

(18) "Pollution Prevention Hierarchy" means pollution should first be prevented or reduced at the source; pollution that cannot be prevented should be recycled in an environmentally safe manner; pollution that cannot be prevented or recycled should be treated in an environmentally safe manner; and disposal or other release into the environment should be employed only as a last resort and should be conducted in an environmentally safe manner.

(19) "Regulated Pollutant" means any pollutant that is regulated under environmental laws, regardless of the amount that is generated, emitted or discharged into the environment by the facility.

(20) "Significant" and "significantly" shall be determined by the agency, taking into consideration input from the facility and stakeholders.

(21) "Stakeholder" means persons inside and outside of a facility who may have an interest in or be affected by the facility's environmental performance.

(22) "Sustainable Development" means managing the use, development and protection of natural and physical resources in a way, or at a rate, that enables people to meet their current needs without compromising the ability of future generations to meet their own needs, does not threaten ecological life support systems, and preserves biodiversity.

(23) "Waiver" means an exception from otherwise applicable requirements of environmental laws.

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
Hist.: DEQ 13-1999, f. & cert. ef. 9-14-99

340-014-0110

Criteria for Approval of a Custom Waiver Permit

(1) An agency or agencies may approve a Custom Waiver Permit upon demonstration to the agency's satisfaction that:

(a) The waiver requested is necessary to achieve environmental results that are significantly better than otherwise required by law;

(b) The applicant will achieve environmental results that are significantly better than otherwise required by law;

(c) The applicant has submitted a stakeholder involvement plan relating to the custom waiver and has begun implementing the plan, considering the results of stakeholder involvement in decision making, and responding to comments received from stakeholders during the application review process;

(d) The waiver is not likely to create a significant threat to human health or the environment; and

(e) The applicant will report on environmental performance and stakeholder involvement activities related to the custom waiver at least annually.

(2) In order to determine whether predicted environmental results will be achieved, an agency shall consider:

(a) The technical basis for such a prediction, such as reliance upon proven technology or projections based upon demonstrably sound scientific principles;

(b) The applicant's record in Oregon of complying with applicable federal, state and local environmental laws and regulations. Any applicant with a criminal conviction of any environmental law within the prior year shall not be eligible for a Custom Waiver permit; and

(c) The applicant's ability to review, monitor, assess, and manage the environmental impacts related to its custom waiver.

(3) In determining whether the predicted environmental results are significantly better than otherwise required by law, the agency's consideration shall include:

(a) The environmental results that are required by law and baseline performance data for the facility;

(b) The degree of improvement with respect to the time to achieve the predicted results, any environmental costs of achieving the results, the degree of uncertainty in achieving the results, and the environmental results currently achieved by the facility; and

(c) The potential impacts of the waiver on human health and the environment.

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
Hist.: DEQ 13-1999, f. & cert. ef. 9-14-99

340-014-0115

Criteria for Approval of a GEMS Participant Permit

An agency or agencies may approve a GEMS Participant Permit (also known as Tier I) upon demonstration to the agency's satisfaction that the applicant has:

(1) Implemented a basic, robust environmental management system that is driven by environmental impacts, helps integrate environmental and business functions, provides a mechanism for evaluating continual improvement, and supports verification; committed to maintaining and exceeding regulatory compliance; committed to applying the pollution prevention definition and pollution prevention hierarchy when setting objectives and targets and implementing the environmental program; and committed to continual improvement;

(2) Evaluated environmental impacts of at least the facility's regulated pollutants, and set objectives and targets that will improve environmental performance in management and reduction of regulated or unregulated pollutants;

(3) Developed an environmental program that will achieve environmental results that are significantly better than otherwise required by law, demonstrated by projected reductions in targeted environmental impacts;

(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; and

(c) The environmental program that will achieve the results anticipated in (2) and (3) above.

(6) Developed a plan for an annual update of the performance report that includes an update of the information required in (5) above, and:

(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; and

(d) Stakeholder involvement activities, and input received from stakeholders; and

(7) Developed a plan for stakeholder involvement that provides information to the public regarding environmental performance on at least an annual basis, and includes a mechanism for receiving and responding to comments.

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
Hist.: DEQ 13-1999, f. & cert. ef. 9-14-99

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 decisionmaking, and respond to comments received.

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
Hist.: DEQ 13-1999, f. & cert. ef. 9-14-99

340-014-0125

Criteria for Approval of a GEMS Leader Permit

An agency or agencies may approve a GEMS Leader Permit (also known as Tier III) upon demonstration to the agency's satisfaction that the applicant has or is able to meet the criteria for the GEMS Achiever Permit and has implemented the following activities:

(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 meet the expectations for a GEMS Achiever Permit and demonstrates industry leadership in applying sustainable development principles to the environmental life cycle aspects of its activities, products and services;

(3) Developed an environmental program that achieves 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 achieves the results anticipated 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.

(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 impacts relating to the environmental life cycle analysis of activities, products and services, 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, and make efforts to establish and maintain understanding, constructive dialogue and partnership with significant stakeholders;

(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 decisionmaking, and respond to comments received.

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
Hist.: DEQ 13-1999, f. & cert. ef. 9-14-99

340-014-0130

Technical Assistance and Recognition Program for GEMS Permits

(1) The agency shall provide technical assistance to applicants that have applied for a GEMS permit upon request by the applicant.

(2) The agency shall establish a program for recognizing achievements of facilities that have an approved GEMS Permit commensurate with the type of GEMS Permit approved. Facilities with a Custom Waiver Permit are not eligible for the recognition program.

(3) Facilities with an approved GEMS Permit may promote their achievements in a manner that is commensurate with the type and duration of GEMS permit approved.

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
Hist.: DEQ 13-1999, f. & cert. ef. 9-14-99

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.

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
Hist.: DEQ 13-1999, f. & cert. ef. 9-14-99

340-014-0140

Conditions and Limitations of Custom Waiver Permits or GEMS Permits

(1) All Custom Waiver Permits shall expire after five years unless renewed.

(2) All GEMS Participant Permits shall expire after three years unless renewed. GEMS Participant Permits may only be renewed one time. After one renewal, the participant shall apply for a different type of GEMS permit or the permit shall be terminated.

(3) The renewal period for a GEMS Achiever or GEMS Leader Permit shall be negotiable, subject to the following limitations:

(a) No GEMS Achiever or GEMS Leader Permit period shall exceed ten years; and

(b) No GEMS Achiever or GEMS Leader Permit shall provide any waiver that extends for a period that exceeds two times the length of the period that otherwise would have been required in the absence of the GEMS permit by any environmental law applicable to the requirement being waived.

(4) Facilities with an approved Custom Waiver Permit shall submit an annual report containing information required under OAR 340-014-0110. Facilities with an approved GEMS permit shall submit an annual report containing information required under OAR 340-014-0115, 340-014-0120 or 340-014-0125.

(5) At least once every three years, a facility with an approved GEMS permit shall demonstrate in its annual report, and the agency shall verify, that the environmental management system is being effectively implemented.

(6) Each Custom Waiver Permit shall include a stakeholder involvement plan relating to the custom waiver. The stakeholder involvement plan shall provide information to the public regarding environmental performance relating to the custom waiver on at least an annual basis, and shall include a mechanism for receiving and responding to comments received.

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
Hist.: DEQ 13-1999, f. & cert. ef. 9-14-99

340-014-0145

Procedures for Issuing Custom Waiver Permits or GEMS Permits

(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
Hist.: DEQ 13-1999, f. & cert. ef. 9-14-99

340-014-0150

Procedures for Renewing Custom Waiver Permits or GEMS Permits

Upon receipt of an application for renewal of the Custom Waiver Permit or GEMS Permit, the agency shall verify that the permittee continues to meet the criteria for approval of the Custom Waiver Permit or GEMS Permit, and evaluate whether the waivers should be continued. The agency shall provide public notice of the renewal application and proposed changes in the Custom Waiver Permit or GEMS Permit, in accordance with the procedures described in OAR 340-014-0145(6).

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
Hist.: DEQ 13-1999, f. & cert. ef. 9-14-99

340-014-0155

Procedures for Modifying Custom Waiver Permits or GEMS Permits

(1) A facility with a GEMS permit may apply for a different type of GEMS Permit at any time.

(2) A facility with a Custom Waiver Permit or a GEMS permit may apply for a modification of the terms or conditions of a Custom Waiver Permit or GEMS permit at any time. Upon receipt of an application for modification, the agency shall determine whether the proposed modification is a minor modification or a significant modification, taking into consideration whether modifications to waivers are proposed. If the proposal is a significant modification, the agency shall follow the procedures described in OAR 340-014-0145. If the proposal is a minor modification, the agency shall provide public notice in accordance with 340-014-0145(5), and if, within 30 days after commencement of the public notice period, the Department receives written requests from ten persons, or from an organization or organizations representing at least ten persons, for reconsideration as a significant modification, then the agency shall follow all of the remaining procedures described in 340-014-0145.

(3) An agency may propose to modify a facility's GEMS permit in accordance with the procedures described in OAR 340-014-0160(4) if the facility no longer meets the criteria for its GEMS permit but may meet the criteria for a different type of GEMS permit. Upon receipt of the corrective action report and upon completion of such additional investigation as may be required, the agency will either modify the permit in accordance with the procedures above, or withdraw its intent to modify the permit.

Stat. Auth.: ORS 468.020
Stats. Implemented: ORS 468.501, 468.503, 468.506, 468.508, 468.511, 468.513, 468.516, 468.518& 468.521
Hist.: DEQ 13-1999, f. & cert. ef. 9-14-99

340-014-0160

Termination of Green Permits

(1) A facility may terminate a Custom Waiver Permit or GEMS Permit by providing 30 days written notice to the agency.

(2) An agency may terminate the facility's GEMS Permit in accordance with the procedures in subsection (4) if:

(a) The facility does not develop an annual performance report and make it available to the agency and the public in a timely fashion;

(b) The facility no longer meets the criteria for approval for a GEMS Permit or the facility is not effectively implementing its environmental management system;

(c) The facility is found guilty of a criminal violation of environmental law;

(d) The facility fails to correct a violation discovered through routine environmental management system reviews or agency inspections within a reasonable time frame; or

(e) The facility experiences repeat violations that reflect a serious underlying deficiency in the facility's environmental management system.

(3) An agency may terminate the facility's Custom Waiver Permit in accordance with the procedures in subsection (4) if it fails to comply with any term or condition in the Custom Waiver Permit, or if the facility is found guilty of a criminal violation of environmental law.

(4) In the event that an agency decides to terminate a Custom Waiver Permit or GEMS Permit, it shall notify the permittee by registered mail or by personal service of its intent to terminate the permit. Such notification shall include the reasons for the termination. Such notice shall allow the permittee a reasonable period of time within which to correct the alleged deficiencies and to submit a corrective action report to the agency confirming that the facility has been brought into compliance or will be brought into compliance within a reasonable time considering all the circumstances. Upon receipt of the corrective action report and upon completion of such additional investigation as may be required, the agency will either terminate the Custom Waiver Permit or GEMS Permit, modify the Custom Waiver Permit or GEMS Permit, or withdraw its intent to terminate. A termination shall become effective 30 days from the date of mailing of the final notice of termination unless within that time the permittee requests a hearing before the Environmental Quality Commission or its authorized representative. Any hearing held shall be conducted pursuant to OAR Chapter 340, Division 11.

(5) If the agency finds that there is a serious danger to the public health or safety and if grounds exist for termination as set forth above, it may, pursuant to applicable statutes and rules, suspend or revoke a Custom Waiver Permit or GEMS Permit effective immediately. Notice of such suspension or revocation must state the reasons for such action and advise the permittee that a hearing before the Environmental Quality Commission or its authorized representative may be requested. Such a request for hearing shall be made in writing to the Agency within 90 days of the date of suspension and shall state the grounds for the request. Any hearing shall be conducted pursuant to OAR Chapter 340, Division 11.

(6) After an agency or facility issues a final notice of termination of a Custom Waiver Permit or GEMS Permit in the manner provided above, the permittee shall have 30 days to apply for any permit or approval affected by the termination of all or a portion of the Custom Waiver Permit or GEMS Permit. An application filed during the 30-day period shall be considered a timely application for renewal of a permit under the terms of the applicable law. The application form may request reinstatement of the permit conditions that were in effect prior to the issuance of the Custom Waiver Permit or GEMS permit. The terms and conditions of the Custom Waiver Permit or GEMS Permit shall continue in effect until a final permit or approval is issued or denied. In order to achieve an orderly transition and compliance with the environmental laws, the agency may issue an order establishing conditions for the interim operation of the facility.

(7) Custom Waiver Permits and GEMS Permits are issued to the official applicant of record and shall be automatically terminated within 60 days after sale or exchange of the facility or activity which is covered by the permit unless a permit transfer is pending or completed. The new owner or operator may apply for a transfer of the Custom Waiver Permit or GEMS Permit to transfer the official applicant of record. For any such transfer, the agency shall follow the procedures for modifying Custom Waiver Permits or GEMS Permits described in OAR 340-014-0155. The application for transfer shall be made at least 60 days prior to the sale or exchange of the facility or activity. The applicant shall demonstrate to the agency's satisfaction that the applicant can continue to meet the requirements of the Custom Waiver Permit or GEMS Permit. Upon receipt of an application for transfer, the agency shall determine whether the proposed transfer is a minor modification or significant modification.

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
Hist.: DEQ 13-1999, f. & cert. ef. 9-14-99

340-014-0165

Cost Recovery

The agency shall recover the costs of the agency in developing, negotiating, and publicizing, a Custom Waiver Permit or GEMS Permit, and may recover the costs of administering a Custom Waiver Permit or GEMS Permit, including permit modifications and renewals, in the following manner:

(1) The applicant or permittee shall fully reimburse the agency for the agency's invoiced direct and indirect costs of conducting the review, negotiating the relevant permit revisions or conditions, responding to public comment, administering the Custom Waiver Permit or GEMS Permit, monitoring the provisions in the Custom Waiver Permit or GEMS Permit and environmental outcomes resulting from the Custom Waiver Permit or GEMS Permit, and publicizing and conducting the public hearings. Indirect costs shall be comprised of general management, support, administrative and overhead costs of the agency that the agency deems to be allocable using generally accepted accounting principles.

(2) The agency shall provide the applicant with a budget that estimates the direct and indirect costs that will be charged to the applicant under this section upon acceptance of the application. During the permit application process and during the term of the permit once issued, the agency shall provide quarterly updates of estimated future costs.

(3) The agency shall appropriately document the direct and indirect costs of the agency and collect payment for such costs from the permittee. The agency shall collect a deposit from the applicant, against which the agency shall bill until the deposit is depleted. When the deposit is depleted, the agency shall collect an additional deposit. The initial deposit shall accompany the applicant's initial Custom Waiver Permit or GEMS Permit application and shall be in the amount of $5000. The agency shall deliver to the applicant or permittee an accounting of all charges and the amount of the deposit remaining at the closure of each month's accounting records.

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
Hist.: DEQ 13-1999, f. & cert. ef. 9-14-99

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