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DEPARTMENT OF ENVIRONMENTAL QUALITY

 
DIVISION 209
PUBLIC PARTICIPATION

340-209-0010
Purpose
The purpose of this division is to specify
the requirements for notifying the public of certain permit actions and providing
an opportunity for the public to participate in those permit actions.
NOTE: This rule is included in the
State of Oregon Clean Air Act Implementation Plan that EQC adopted under OAR 340-200-0040.
Stat. Auth.: ORS 468.020, 468.065 &
468A.310
Stats. Implemented: ORS 468.065,
468A.035, 468A.040 & ORS 468A.310
Hist.: DEQ 6-2001, f. 6-18-01,
cert. ef. 7-1-01; DEQ 7-2015, f. & cert. ef. 4-16-15
340-209-0020
Applicability
This division applies to permit actions
requiring public notice as specified in OAR 340, divisions 216 and 218.
NOTE: This rule is included in the
State of Oregon Clean Air Act Implementation Plan that EQC adopted under OAR 340-200-0040.
Stat. Auth.: ORS 468.020, 468.065 &
468A.310
Stats. Implemented: ORS 468.065,
468A.035, 468A.040 & 468A.310
Hist.: DEQ 6-2001, f. 6-18-01,
cert. ef. 7-1-01; DEQ 7-2015, f. & cert. ef. 4-16-15
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 and 218. 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.
Stat. Auth.: ORS 468.020, 468.065 &
468A.310
Stats. Implemented: ORS 468.065
& 468A.035, 468A.040 & 468A.310
Hist.: 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. 4-16-15
340-209-0040
Public Notice Information
(1) The following information is required
in public notices for all proposed ACDP and draft Oregon Title V Operating Permit
actions, except for General Permit actions:
(a) Name of applicant and
location of the facility;
(b) Type of facility, including
a description of the facility's processes subject to the permit;
(c) Description of the air
contaminant emissions including, the type of regulated pollutants, quantity of emissions,
and any decreases or increases since the last permit action for the facility;
(d) Location and description
of documents relied upon in preparing the draft permit;
(e) Other permits required
by DEQ;
(f) Date of previous permit
actions;
(g) Opportunity for public
comment and a brief description of the comment procedures, whether in writing or
in person, including the procedures for requesting a hearing (unless a hearing has
already been scheduled or is not an option for the public notice category);
(h) Compliance, enforcement,
and complaint history along with resolution of the same;
(i) A summary of the discretionary
decisions made by DEQ in drafting the permit;
(j) Type and duration of
the proposed or draft permit action;
(k) Basis of need for the
proposed or draft permit action;
(l) Any special conditions
imposed in the proposed or draft permit action;
(m) Whether each proposed
permitted emission is a criteria pollutant and whether the area in which the source
is located is designated as attainment/unclassified, sustainment, nonattainment,
reattainment or maintenance for that pollutant;
(n) If the proposed permit
action is for a federal major source, whether the proposed permitted emission would
have a significant impact on a Class I airshed;
(o) If the proposed permit
action is for a major source for which dispersion modeling has been performed, an
indication of what impact each proposed permitted emission would have on the ambient
air quality standard and PSD increment consumption within an attainment area;
(p) Other available information
relevant to the permitting action;
(q) The name and address
of DEQ office processing the permit;
(r) The name, address, and
telephone number and e-mail address of a person from whom interested persons may
obtain additional information, including copies of the permit draft, the application,
all relevant supporting materials, including any compliance plan, permit, and monitoring
and compliance certification report, except for information that is exempt from
disclosure, and all other materials available to DEQ that are relevant to the permit
decision; and
(s) If applicable, a statement
that an enhanced NSR process under OAR 340 division 224, including the external
review procedures required under OAR 340-218-0210 and 340-218-0230, is being used
to allow for subsequent incorporation of the operating approval into an Oregon Title
V Operating Permit as an administrative amendment.
(2) General Permit Actions.
The following information is required for General ACDP and General Oregon Title
V Operating Permit actions:
(a) The name and address
of potential or actual facilities assigned to the General Permit;
(b) Type of facility, including
a description of the facility's process subject to the permit;
(c) Description of the air
contaminant emissions including, the type of regulated pollutants, quantity of emissions,
and any decreases or increases since the last permit action for the potential or
actual facilities assigned to the permit;
(d) Location and description
of documents relied upon in preparing the draft permit;
(e) Other permits required
by DEQ;
(f) Date of previous permit
actions;
(g) Opportunity for public
comment and a brief description of the comment procedures, whether in writing or
in person, including the procedures for requesting a hearing (unless a hearing has
already been scheduled or is not an option for the Public Notice category);
(h) Compliance, enforcement,
and complaint history along with resolution of the same;
(i) A summary of the discretionary
decisions made by DEQ in drafting the permit;
(j) Type and duration of
the proposed or draft permit action;
(k) Basis of need for the
proposed or draft permit action;
(l) Any special conditions
imposed in the proposed or draft permit action;
(m) Whether each proposed
permitted emission is a criteria pollutant and whether the area in which the sources
are located are designated as attainment or non-attainment for that pollutant;
(n) If the proposed permit
action is for a federal major source, whether the proposed permitted emission would
have a significant impact on a Class I airshed;
(o) Other available information
relevant to the permitting action; and
(p) The name and address
of DEQ office processing the permit;
(q) The name, address, and
telephone number and e-mail address of a person from whom interested persons may
obtain additional information, including copies of the permit draft, the application,
all relevant supporting materials, including any compliance plan, permit, and monitoring
and compliance certification report, except for information that is exempt from
disclosure, and all other materials available to DEQ that are relevant to the permit
decision.
NOTE: This rule is included in the
State of Oregon Clean Air Act Implementation Plan that EQC adopted under OAR 340-200-0040.
Stat. Auth.: ORS 468.020, 468.065 &
468A.310
Stats. Implemented: ORS 468.065
& 468A.035, 468A.040 & 468A.310
Hist.: DEQ 47, f. 8-31-72,
ef. 9-15-72; DEQ 63, f. 12-20-73, ef. 1-11-74; DEQ 107, f. & ef. 1-6-76; Renumbered
from 340-020-0033; DEQ 13-1988, f. & cert. ef. 6-17-88; DEQ 34-1990, f. 8-20-90,
cert. ef. 9-1-90; DEQ 4-1993, f. & cert. ef. 3-10-93; DEQ 12-1993, f. &
cert. ef. 9-24-93, Renumbered from 340-020-0150; DEQ 14-1999, f. & cert. ef.
10-14-99, Renumbered from 340-028-1710; DEQ 6-2001, f. 6-18-01, cert. ef. 7-1-01,
Renumbererd from 340-216-0050; DEQ 8-2007, f. & cert. ef. 11-8-07; DEQ 7-2015,
f. & cert. ef. 4-16-15
340-209-0050
Public Notice Procedures
(1) All notices. DEQ will mail or email
a notice of proposed permit actions to the persons identified in OAR 340-209-0060.
(2) NSR, Oregon Title V Operating
Permit and General ACDP actions. In addition to section (1), DEQ will provide notice
of NSR, Oregon Title V Operating Permit and General ACDP actions as follows:
(a) Advertisement in a newspaper
of general circulation in the area where the source or sources are or will be located
or a DEQ publication designed to give general public notice; and
(b) Other means, if necessary,
to assure adequate notice to the affected public.
NOTE: This rule is included in the
State of Oregon Clean Air Act Implementation Plan that EQC adopted under OAR 340-200-0040.
Stat. Auth.: ORS 468.020, 468.065 &
468A.310
Stats. Implemented: ORS 468.065,
468A.035, 468A.040 & 468A.310
Hist.: DEQ 6-2001, f. 6-18-01,
cert. ef. 7-1-01; DEQ 7-2015, f. & cert. ef. 4-16-15
340-209-0060
Persons Required to Be Notified
(1) All notices. For all types of public
notice, DEQ will provide notice to the following persons:
(a) The applicant;
(b) Persons on a mailing
list maintained by DEQ, including those who request in writing to be notified of
air quality permit actions;
(c) Local news media; and
(d) Interested state and
federal agencies.
(2) General ACDP or General
Oregon Title V Operating Permit actions. In addition to section (1), DEQ will notify
the following:
(a) Potential applicants;
and
(b) All existing permit holders
in the source category in the case where a General Permit is being issued to a category
of sources already permitted.
(3) Oregon Title V Operating
Permit actions. DEQ will provide notice to affected states and the EPA in addition
to the persons identified in sections (1) and (2).
(4) NSR actions. For NSR
actions excluding Type B State NSR actions (OAR 340 division 224), DEQ will provide
notice to the following officials and agencies having jurisdiction over the location
where the proposed construction would occur in addition to the persons identified
in section (1):
(a) The chief executives
of the city and county where the source or modification would be located;
(b) Any comprehensive regional
land use planning agency;
(c) Any state, federal land
manager, or Indian governing body whose land may be affected by emissions from the
source or modification; and
(d) The EPA.
Stat. Auth.: ORS 468.020, 468.065 &
468A.310
Stats. Implemented: ORS 468.065,
468A.035, 468A.040 & 468A.310
Hist.: DEQ 6-2001, f. 6-18-01,
cert. ef. 7-1-01; DEQ 7-2015, f. & cert. ef. 4-16-15
340-209-0070
Hearing Procedures
When a public hearing is required or
requested, DEQ will provide the hearing at a reasonable place and time before taking
the final permit action.
(1) Notice of the hearing
may be given either in the notice accompanying the proposed or draft permit action
or in such other manner as is reasonably calculated to inform interested persons.
DEQ will provide notice of the hearing at least 30 days before the hearing.
(2) Presiding Officer. A
Presiding Officer will preside over the public hearing and ensure that proper procedures
are followed to allow for the public to comment on the proposed permit action.
(a) Before accepting oral
or written comments by members of the public, the Presiding Officer or DEQ representative
will present a summary of the proposed permit action DEQ's preliminary decision.
During this period, there may be an opportunity to ask questions about the proposed
or draft permit action.
(b) The Presiding Officer
will then provide an opportunity for interested persons to submit oral or written
comments regarding the proposed permit action. Interested persons are encouraged
to submit written comments because time constraints may be imposed, depending on
the level of participation. While public comment is being accepted, discussion of
the proposed or draft permit action will not be allowed.
(c) After the public hearing,
the Presiding Officer will prepare a report of the hearing that includes the date
and time of the hearing, the permit action, names of persons attending the hearing,
written comments, and a summary of the oral comments. The Presiding Officer's report
will be entered into the permit action record.
NOTE: This rule is included in the
State of Oregon Clean Air Act Implementation Plan that EQC adopted under OAR 340-200-0040.
Stat. Auth.: ORS 468.020
Stats. Implemented: ORS 468
& 468A
Hist.: DEQ 78, f. 9-6-74,
ef. 9-25-74; DEQ 122, f. & ef. 9-13-76; DEQ 7-1988, f. & cert. ef. 5-6-88
(and corrected 9-30-88); DEQ 34-1990, f. 8-20-90, cert. ef. 9-1-90; DEQ 9-1996,
f. & cert. ef. 7-10-96; DEQ 15-2000, f. & cert. ef. 10-11-00, Renumbered
from 340-011-0007; DEQ 6-2001, f. 6-18-01, cert. ef. 7-1-01, Renumbered from 340-014-0022;
DEQ 8-2007, f. & cert. ef. 11-8-07; DEQ 7-2015, f. & cert. ef. 4-16-15
340-209-0080
Issuance or Denial of a Permit
(1) Following the public comment period
and public hearing, if one is held, DEQ will take action upon the matter as expeditiously
as possible. Before taking such action, DEQ will prepare a written response to address
each relevant, distinct issue raised during the comment period and during the hearing
record.
(2) DEQ will make a record
of the public comments, including the names and affiliation of persons who commented,
and the issues raised during the public participation process. The public comment
records may be in summary form rather than a verbatim transcript. The public comment
records are available to the public at the DEQ office processing the permit.
(3) The applicant may submit
a written response to any comments submitted by the public within 10 working days
after DEQ provides the applicant with a copy of the written comments received by
DEQ. DEQ will consider the applicant's response in making a final decision.
(4) After considering the
comments, DEQ may adopt or modify the provisions requested in the permit application.
(5) Issuance of permit: DEQ
will promptly notify the applicant in writing of the final action as provided in
OAR 340-011-0525 and will include a copy of the permit. If the permit conditions
are different from those contained in the proposed permit, the notification will
identify the affected conditions and include the reasons for the changes.
(6) Denial of a permit: DEQ
will promptly notify the applicant in writing of the final action as provided in
OAR 340-011-0525. If DEQ denies a permit application, the notification will include
the reasons for the denial.
(7) DEQ's decision under
sections (5) and (6) is effective 20 days from the date of service of the notice
unless, within that time, DEQ receives a request for a hearing from the applicant.
The request for a hearing must be in writing and state the grounds for the request.
The hearing will be conducted as a contested case hearing in accordance with ORS
183.413 through 183.470 and OAR 340 division 11.
NOTE: This rule is included in the
State of Oregon Clean Air Act Implementation Plan that EQC adopted under OAR 340-200-0040.
Stat. Auth.: ORS 468.020, 468.065 &
468A.310
Stats. Implemented: ORS 183.413,
183.415, 468.065, 468A.035, 468A.040 & 468A.310
Hist.: DEQ 42, f. 4-5-72,
ef. 4-15-72; DEQ 13-1988, f. & cert. ef. 6-17-88; DEQ 4-1993, f. & cert.
ef. 3-10-93; DEQ 6-2001, f. 6-18-01, cert. ef. 7-1-01, Renumbered from 340-014-0025
& 340-014-0035; DEQ 8-2007, f. & cert. ef. 11-8-07; DEQ 7-2015, f. &
cert. ef. 4-16-15; DEQ 7-2015, f. & cert. ef. 4-16-15

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