OAR 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.