OAR 340-045-0027: Public Notice and Participation Requirements For Permitting Actions

(1) DEQ categorized permitting actions according to environmental and public health significance. Category I represents permit actions with low environmental and public health significance and no public notice and opportunity for public participation. Category IV represents permit actions with potentially high environmental and public health significance, and the greatest level of public notice and opportunity for public participation. The following describes the public notice and participation requirements for each category: (a) Category I -- No public notice or opportunity for public participation. (b) Category II -- DEQ will provide public notice of the proposed action and a minimum of 30 days to submit written comments. (c) Category III -- DEQ will provide public notice of the proposed action and a minimum of 35 days to submit written comments. DEQ will provide a minimum of 30 days’ notice for a hearing if one is scheduled. DEQ will schedule a public hearing to allow interested parties to submit oral or written comments if: (A) For NPDES permits, DEQ receives written requests for public hearing during the public comment period from at least ten persons or from an organization or organizations representing at least ten persons. (B) For WPCF permits, DEQ receives written requests for public hearing within 14 days of mailing the public notice from at least ten persons or from an organization or organizations representing at least ten persons; or (C) DEQ determines that a hearing is necessary. (d) Category IV: DEQ will: (A) Once an application is considered complete, provide public notice of receiving a completed application and requested permitting action; and (B) Schedule an informational meeting in the community where the facility will be or is located and provide public notice of the meeting. DEQ will consider any information gathered in this process in its drafting of the proposed permit. (C) Once a draft permit is complete, provide public notice of the proposed permit and a minimum of 40 days to submit written comments; and (D) Schedule a public hearing to allow interested parties to submit oral or written comments. A minimum notice of 30 days shall be provided for the hearing. (2) The following actions are classified as follows: (a) Category I: (A) Minor modification of an NPDES or a WPCF permit; (B) Issuing a special, short-term WPCF permit; (C) Issuing a new or renewing a WPCF permit for an on-site sewage system with a design flow less than 20,000 gallons per day, regulated by OAR 340-071. (D) NPDES or WPCF permit administrative actions that include but are not limited to: transferring a permit to a new owner or operator, terminating or revoking a permit, denying a permit, and withdrawing an application. (E) Mutual agreement and order in lieu of a WPCF permit. (b) Category II: (A) Mutual agreement and order in lieu of an NPDES permit unless delay in issuing the order may magnify the problem (see OAR 340-045-0062(4)); (B) Issuing a renewal WPCF individual permit regulated by OAR 340-045, including renewing a WPCF permit for an on-site sewage system with a design flow of 20,000 gallons per day or greater, regulated by OAR 340-071. (c) Category III: (A) Issuing a new or renewing an NPDES individual permit unless otherwise specified in this rule; (B) Major modification of an NPDES permit unless otherwise specified in this rule; (C) Issuing a new or renewing a WPCF or NPDES general permit; (D) Issuing a biosolids land application site authorization letter for any proposed site that meets the sensitive site criteria in OAR 340-050-0030(2); (E) Issuing a new WPCF individual permit regulated by OAR 340-045, including a new WPCF permit for an on-site sewage system with a design flow of 20,000 gallons per day or greater, regulated by OAR 340-071. (F) Approving a new pretreatment program or a substantial modification to an existing approved pretreatment program; (G) All other actions not elsewhere classified. (d) Category IV: (A) Issuing a new NPDES individual permit for a major facility, as classified by DEQ. (B) Issuing a renewal NPDES individual permit for a major facility, as classified by DEQ, when there is a new or increased discharged load. (C) Major modification of an NPDES individual permit for a major facility, as classified by DEQ, when there is a new or increased discharged load. (3) DEQ may move a permit action to a higher category based on, but not limited to, the following factors: (a) Anticipated public interest in the facility; (b) Compliance and enforcement history of the facility or owner; (c) Potential for significant environmental or public harm due to location or type of facility, or (d) Federal requirements. (4) The public notice required under section (1) (b), (c) and (d) (C) of this rule, will contain at least the following information: (a) Name and address of the permittee and permit applicant and, if different, facility location; (b) Type of facility including a description of the facility's process subject to the permit; (c) Description of the proposed permitting action (i.e., new permit, renewal permit, or permit modification); (d) Description of the permitted substances stored, disposed of, discharged, or emitted, including whether there has been an increase or decrease in the substance since the last permit action for the facility; (e) Location and description of documents relied on in preparing the draft permit action; (f) Other permits DEQ requires; (g) Date of the previous permit action if a renewal or modification; (h) Opportunity for public comment whether in writing or in person if required; (i) Compliance, enforcement and complaint history, along with their respective resolutions; and (j) A summary of discretionary decisions DEQ made while developing the permit. (5) DEQ will provide public notice as this rule requires to the applicant, those requesting notice of the permitting action, local news media, and other interested parties as DEQ identifies. (6) As best as is practicable, DEQ will process under this rule, using the appropriate public involvement category process under ORS 340-045-0027(1), all permit applications DEQ receives before this rule’s effective date.