Or. Admin. Code § 340-209-0030

Current through Register Vol. 63, No. 10, October 1, 2024

Section 340-209-0030 - Public Notice Categories and Timing

(1) DEQ categorizes permit actions according to potential environmental and public health significance and the degree to which DEQ has discretion for implementing the applicable regulations. Category I is for permit actions with low environmental and public health significance so they have less public notice and opportunity for public participation. Category IV is for permit actions with potentially high environmental and public health significance so they have the greatest level of public notice and opportunity for participation.

(2) Permit actions are assigned to specific categories in OAR 340, divisions 216, 218, and 245. If a permit action is uncategorized, the permit action will be processed under Category III.

(3) The following describes the public notice or participation requirements for each category:

(a) Category I - No prior public notice or opportunity for participation. However, DEQ will maintain a list of all permit actions processed under Category I and make the list available for public review.

(b) Category II - DEQ will provide public notice of the proposed permit action and a minimum of 30 days to submit written comments.

(c) Category III - DEQ will provide public notice of the proposed permit action and a minimum of 35 days to submit written comments. DEQ will provide a minimum of 30 days' notice for a hearing, if one is scheduled. DEQ will schedule a hearing at a reasonable time and place to allow interested persons to submit oral or written comments if:

(A) DEQ determines that a hearing is necessary; or

(B) Within 35 days of the mailing of the public notice, DEQ receives written requests from ten persons, or from an organization representing at least ten persons, for a hearing.

(d) Category IV - Once an application is considered complete under OAR 340-216-0040, DEQ will:

(A)

(i) Provide notice of the completed application and requested permit action; and

(ii) Schedule an informational meeting within the community where the facility will be or is located and provide public notice at least 14 days before the meeting. During the meeting, DEQ will describe the requested permit action and accept comments from the public. DEQ will consider any information gathered in this process in its drafting of the proposed permit, but will not maintain an official record of the meeting and will not provide a written response to the comments;

(B) Once a draft permit is completed, provide public notice of the proposed permit and a minimum of 40 days to submit written comments; and

(C) Schedule a public hearing at a reasonable time and place to allow interested persons to submit oral or written comments and provide a minimum of 30 days public notice for the hearing.

(4) Except for actions regarding Oregon Title V Operating Permits, DEQ may move a permit action to a higher category under section (3) based on, but not limited to the following factors:

(a) Anticipated public interest in the facility;

(b) Compliance and enforcement history of the facility or owner;

(c) Potential for significant environmental or public harm due to location or type of facility; or

(d) Federal requirements.

NOTE: This rule is included in the State of Oregon Clean Air Act Implementation Plan that EQC adopted under OAR 340-200-0040 with the exception of all references to toxic air contaminants and OAR chapter 340, division 245.

Or. Admin. Code § 340-209-0030

DEQ 6-2001, f. 6-18-01, cert. ef. 7-1-01; DEQ 8-2009, f. & cert. ef. 12-16-09; DEQ 7-2015, f. & cert. ef. 4/16/2015; DEQ 123-2018, minor correction filed 04/11/2018, effective 04/11/2018; DEQ 197-2018, amend filed 11/16/2018, effective 11/16/2018

Statutory/Other Authority: ORS 468.020, 468.065 & 468A.310

Statutes/Other Implemented: ORS 468.065, 468A.040, 468A.310 & 468A.035