OAR 340-218-0230: Permit Review by the EPA and Affected States

(1) Transmission of information to the EPA: (a) DEQ will provide to the EPA a copy of each permit application (including any application for permit modification), each proposed permit except when a draft permit has been submitted and the EPA determines that the submittal of the draft permit is adequate, and each final Oregon Title V Operating Permit; (b) The requirements of OAR 340-218-0230(1)(a) and (2)(a) may be waived for any category of sources (including any class, type, or size within such category) other than major sources if allowed by the EPA; (c) DEQ will keep for 5 years such records and submit to the EPA such information as the EPA may reasonably require to ascertain whether DEQ program complies with the requirements of the FCAA or state rules or of this division. (2) Review by affected states: (a) DEQ will give notice of each draft permit to any affected State on or before the time that DEQ provides this notice to the public under OAR 340-218-0210, except to the extent that 340-218-0170 requires the timing of the notice to be different; (b) DEQ, as part of the submittal of the proposed permit to the EPA (or as soon as possible after the submittal for minor permit modification procedures allowed under OAR 340-218-0170), will notify the EPA and any affected State in writing of any omission by DEQ of any recommendations for the proposed permit that the affected State submitted during the public or affected State review period. The notice will include DEQ's reasons for not accepting any such recommendation. DEQ is not required to accept recommendations that are not based on applicable requirements or the requirements of this division. (3) EPA objection: (a) No permit for which an application must be transmitted to the EPA under section (1) may be issued as drafted if the EPA objects to its issuance in writing within 45 days of receipt of the proposed permit and all necessary supporting information or such earlier time as agreed to by the EPA; (b) DEQ will, within 90 days after the date of an objection under subsection (3)(a), revise and submit a proposed permit in response to the objection, or determine not to issue the permit; (c) If DEQ determines not to issue the permit, notice of the determination will be provided to the source by certified or registered mail. (4) Public petitions to the EPA: (a) If the EPA does not object in writing under section (3), any person may petition the EPA within 60 days after the expiration of the EPA's 45-day review period to make such objection. Any such petition must be based only on objections to the permit that were raised with reasonable specificity during the public comment period provided for in OAR 340-218-0210, unless the petitioner demonstrates that it was impracticable to raise such objections within such period, or unless the grounds for such objection arose after such period; (b) If the EPA objects to the permit as a result of a petition filed under this section, DEQ may not issue the permit until the EPA's objection has been resolved, except that a petition for review does not stay the effectiveness of a permit or its requirements if the permit was issued after the end of the 45-day review period and prior to an EPA objection; (c) If DEQ has issued a permit prior to receipt of an EPA objection under OAR 340-218-0230, the EPA will modify, terminate, or revoke such permit, and must do so consistent with the procedures in 340-218-0200(2)(b) except in unusual circumstances, and DEQ may thereafter issue only a revised permit that satisfies the EPA's objection. In any case, the source will not be in violation of the requirement to have submitted a timely and complete application. (5) Prohibition on default issuance. DEQ may not issue an Oregon Title V Operating Permit (including a permit renewal or modification) until affected States and the EPA have had an opportunity to review the proposed permit as required under this rule.