Or. Admin. Code § 340-245-0120

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

Section 340-245-0120 - Community Engagement

(1) The purpose of community engagement is to inform the community and provide a mechanism for input to DEQ's work with sources that are called into the program. The requirements of this rule are intended to ensure that consideration of environmental justice is appropriately emphasized throughout implementation of this division.

(2) Notification. When DEQ holds a public meeting under subsection (3)(a), DEQ will, at a minimum, notify persons with an address in the notification area. DEQ will provide a 30 day notice of any public meeting held under subsection (3)(a) by sending an email through GovDelivery or mailing written notice via U.S. mail to such persons. DEQ may enhance the public notice procedures at its discretion. DEQ may determine notice requirements for any additional public meetings held under subsection (3)(c).

(3) Public meetings.

(a) DEQ may hold one or more public meetings to gather community input prior to drafting proposed permit conditions for new, reconstructed, modified and existing sources if the owner or operator requests Source Risk Limits greater than any of the Community Engagement Levels except as allowed by OAR 340-245-0130(6). DEQ, in consultation with persons who live or spend time within the notification area, may determine that another forum for communication, as listed in section (4), in lieu of or in addition to a public meeting, is appropriate;

(b) If DEQ does not hold a public meeting as specified in subsection (a), DEQ will provide written notice via U.S. mail to all persons with an address in the notification area that the owner or operator has requested Source Risk Limits greater than any of the Community Engagement Levels except as allowed by OAR 340-245-0130(6);

(c) DEQ may, at its discretion, also hold one or more public meetings for any other reporting, monitoring or permitting action associated with activities under this division with advanced notice;

(d) In planning and holding public meetings, DEQ will consider:

(A) A location that is Americans with Disabilities Act compliant, is convenient for community members to attend and can be accessed by public transportation, if available;

(B) The timing of the meeting, scheduling in a manner that is convenient to the majority of attendees;

(C) Whether translation services are necessary, and may provide such services;

(D) Whether childcare is necessary, and when feasible, may work with providers to render such services; and

(E) Best practices for public and community meetings as identified in resources published by the State of Oregon Environmental Justice Task Force and OHA;

(e) When DEQ determines to hold a public meeting under subsection (3)(a) regarding a source, then the owner or operator must pay the applicable community engagement fee specified in OAR 340-216-8030 Table 3, and at least one representative of the owner or operator must appear at the public meeting.

(4) Other forums for communication. Other forums for communication may include any or all of the following:

(a) Notifying the community of information and reports submitted by an applicant required by this division by sending an email through GovDelivery or mailing written notice via U.S. mail;

(b) Posting all information and reports submitted by an applicant on the DEQ website;

(c) Attending community forums or other local meetings when relevant or requested by the community. The representative of the owner or operator is not required to attend this type of meeting;

(d) Electronic meeting forums such as webinars or conference calls; and

(e) Other activities as determined necessary by DEQ.

Or. Admin. Code § 340-245-0120

DEQ 197-2018, adopt filed 11/16/2018, effective 11/16/2018; DEQ 18-2021, amend filed 11/17/2021, effective 11/17/2021

Statutory/Other Authority: ORS 468.020, 468.065, 468A.025, 468A.040, 468A.050, 468A.070, 468A.155, 468A.337 & 468A.343

Statutes/Other Implemented: 468.065, 468A.025, 468A.040, 468A.050, 468A.070, 468A.155, 468A.337, 468A.010, 468A.015, 468A.035, 468A.343 & 468A.335