OAR 340-122-0077: Initiation of Process for Delisting Facilities from the Confirmed Release List and Inventory

(1) An owner or operator of a facility listed on the Confirmed Release List or Inventory, or any other person adversely affected by the listing, may request the Director to remove a facility from the Confirmed Release List or Inventory. The Department may propose to remove a facility on its own initiative. (2)(a) The owner, operator, or other person requesting that a facility be removed from the Confirmed Release List or the Inventory shall submit a written petition to the Director setting forth the basis for such request. The petition shall include sufficient information and documentation to support a determination that: (A) The petitioner is an owner, operator, or person adversely affected by the listing; and (B) The facility meets the respective criteria for delisting from the Confirmed Release List or from the Inventory set forth in OAR 340-122-0079(1). (b) A petition to remove from the Confirmed Release List or from the Inventory a facility for which a delisting petition has previously been denied shall demonstrate new information or changed circumstances to support the request.