OAR 340-048-0037: HART Coordination

(1) Certification of an existing hydroelectric project requiring federal relicensing for which a HART is convened must be coordinated through the HART in accordance with ORS 543A.100 through 543A.115. This rule applies to such coordination occurring after the department’s receipt of an application for certification. This rule does not apply to the department’s participation in the HART for a project in accordance with ORS 543A.075 through 543A.095 before the department’s receipt of an application for certification. This rule does not apply to an existing hydroelectric project requiring federal relicensing for which a HART has not been convened; that certification will be processed as otherwise provided in this division. Nothing in this rule affects the authority of the Director to act on an application for certification as necessary to avoid certification being deemed waived under the one-year period prescribed in 33 USC 1341(a)(1). (2) Upon receipt of proposed recommendations for certification of a hydroelectric project developed by a HART in accordance with ORS 543A.105, the department must provide public notice and at least 60 days for comment on a proposed certification decision based on the HART’s recommendations. The department’s notice and comment period must run concurrently with the notice and comment period provided by the HART on a proposed unified state position under ORS 543A.105(2). The department notice must be provided in writing to interested persons, request comments within the comment period, and identify the proposed certification decision and related documents as available for public inspection and copying. If within 30 days of the public notice, 10 or more persons or an organization representing more than 10 members request a public hearing on the proposed certification, the department must provide a hearing within the 60-day public comment period or as soon thereafter as is reasonably practicable. (3) Upon completion of the public comment period, the department must evaluate the application for certification in accordance with OAR 340-048-0042(2) and (4). The Director must make a final certification decision in accordance with the recommendations submitted by the HART under ORS 543A.105(2), unless the Director finds, based on public comment or new information, that certification as recommended by the HART would not ensure that the project will comply with water quality standards set forth in OAR 340, division 041 or be consistent with other appropriate requirements of state law. If the Director’s certification decision would differ from the HART recommendations, the Director must seek further recommendation from the HART before issuing a final certification decision. The Director must consider any further recommendation from the HART, then issue a final certification decision to the applicant and the HART.