OAR 340-223-0130: Final Orders Ordering Compliance with Round II of Regional Haze

(1) For all sources identified in OAR 340-223-0100(1) that do not enter into a stipulated agreement and final order under OAR 340-223-0110(2), DEQ shall issue a final order no later than August 9, 2021, identifying: (a) The action that shall be taken by the source pursuant to OAR 340-223-0110(1), as well any monitoring, recordkeeping, reporting, or other requirements that DEQ determines are necessary to ensure any controls or emission limits are actually implemented and are enforceable. (b) The timeline under which the source shall complete the action in paragraph (a). (2) The order issued under subsection (1) shall: (a) Be a contested case order issued in compliance with ORS chapter 183; (b) Be incorporated into the source’s Title V permit in compliance with OAR 340-218-0200(1)(a)(A) or upon permit renewal. (3) Notwithstanding OAR 340-011-0530(1), a party wishing to request a contested case hearing must do so in writing within ten days of the date of service of the order issued under subsection (1). (4) In accordance with OAR 340-011-0530(2), due to the complexity of the regional haze program, the request for hearing based on an order issued under subsection (1) must include a written response that admits or denies all factual matters alleged in the notice, and alleges any and all affirmative defenses and the reasoning in support thereof. Due to the complexity, factual matters not denied will be considered admitted, and failure to raise a defense will be a waiver of the defense. New matters alleged in the request for hearing are denied by DEQ unless admitted in subsequent stipulation. (5) DEQ shall refer all hearing requests received under subsection (3) to the Office of Administrative Hearings within five business days of receipt of the request. The cases shall be heard on an expedited timeline to the greatest extent practicable. All reasonable efforts shall be made for DEQ or the EQC to issue a final order within 90 days of receipt of the hearing request. [NOTE: This rule is included in the State of Oregon Clean Air Act Implementation Plan that EQC adopted under OAR 340-200-0040.]