OAR 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.