OAR 340-094-0020: State Flexibility

(1) The provisions of Title 40, CFR, Part 258, shall apply even where the Director is allowed to specify alternative schedules, procedures or designs, unless an applicant or permittee can demonstrate to the Department’s satisfaction pursuant to section (2) of this rule that an alternative schedule, procedure or design is at least as protective of the environment as the provisions in Part 258 or any more stringent requirements specified in OAR 340, divisions 93 through 97. (2) The Director or his/her designate may approve an alternative schedule, procedure or design, per the following procedure: (a) The applicant shall request in writing a waiver from the specific requirement; (b) The request shall include supporting scientific documentation; (c) The approval is not valid until approved in writing by the Department. (3) The Department will exercise its authority to issue Letter Authorizations and to grant variances, exceptions and waivers in a manner consistent with the requirements of 40 CFR, Part 258.