(1) "Agency" or
"Agencies" means either the Department of Environmental Quality or the Lane
Regional Air Pollution Authority or both, as the context requires.
(2) "Applicant" means a facility that has
applied for a Custom Waiver Permit or GEMS Permit.
(3) "Baseline" means the calendar year
preceding the year in which the Custom Waiver Permit or GEMS Permit is applied
for, or other 12-month period approved by the agency.
"Custom Waiver Permit" means a type of
Green Permit that grants a waiver with respect to a particular facility
approved under OAR
(5) "Environmental impact" means any change
to the environment wholly or partially resulting from, either directly or
indirectly, the facility's activities, products, or services. An environmental
impact may be determined circumstantially, without direct
Laws" means ORS 454.605 to 454.780, 459.005 to 459.153, 459.705 to 459.790,
459.992, 459.995, 465.003 to 465.034, 466.005 to 466.385, 468.005 to 468.997,
468A.005 to 468A.992 and 468B.005 to 468B.500 and rules adopted thereunder. The
term does not include any provision of the Oregon Revised Statutes or of any
municipal ordinance or enactment that regulates the selection of a location for
a new facility.
life cycle aspects" means elements of a facility's activities, products or
services that can interact with the environment at any stage of the system,
including but not limited to raw material acquisition, utilization of natural
resources, transportation of materials, and ultimate use and disposal of the
management system" (EMS) means a continual cycle of planning, implementing,
reviewing and improving the actions the facility takes to meet its
environmental obligations and improve environmental performance, and that can
be objectively verified.
management systems include the environmental management system standard
established by the International Organization for Standardization (ISO 14001)
and other standards that meet the criteria for approval for GEMS Permits under
(b) A "robust" environmental management
system is a system that can function effectively without being dependent upon
particular individuals within the facility.
(9) "Facility" means any site or contiguous
sites, any manufacturing operation or contiguous operations, or any business or
municipal activity regulated under any provision of the environmental laws.
(10) "Green Permit" means a permit
that provides administrative benefits or reduces environmental regulatory
requirements to facilities that meet criteria for either a GEMS Permit or a
Custom Waiver Permit.
Environmental Management System Permit" or "GEMS Permit" means a type of Green
Permit that meets the criteria for approval for a GEMS Participant Permit, a
GEMS Achiever Permit, or a GEMS Leader Permit.
"GEMS Participant Permit" (also known as
Tier I) means a permit issued under OAR
"GEMS Achiever Permit" (also known as
Tier II) means a permit issued under OAR
"GEMS Leader Permit" (also known as Tier
III) means a permit issued under OAR
(15) "Natural resources" include ecosystems
and the raw materials extracted from them.
(16) "Person" means any individual,
partnership, corporation, association, governmental subdivision or public or
private organization of any character.
"Pollution prevention" applies to
environmental degradation caused by human activities. Pollution prevention
means source reduction or any practice which reduces the amount of any
hazardous substance, pollutant, or contaminant entering any waste stream or
otherwise released into the environment (including fugitive emissions and
discharges) prior to recycling, treatment, or disposal; reduces the hazards to
public health and the environment associated with the release of such
substances, pollutants, or contaminants; and reduces or eliminates the creation
of pollutants through increased efficiency in the use of raw materials, energy,
water or other resources, or protection of natural resources by conservation.
(a) Source reduction can include equipment or
technology modifications; process or procedure modifications; reformulation or
redesign of products; substitution of raw materials; and improvements in
housekeeping, maintenance, training, purchasing or inventory controls.
(b) Source reduction does not
include any practice which alters the physical, chemical or biological
characteristics or the volume of a hazardous substance, pollutant, or
contaminant through a process or activity which itself is not integral to and
necessary for the production of a product or the providing of a service.
Environmental management approaches such as recycling, combustion, treatment,
control and disposal are not pollution prevention.
(18) "Pollution Prevention Hierarchy" means
pollution should first be prevented or reduced at the source; pollution that
cannot be prevented should be recycled in an environmentally safe manner;
pollution that cannot be prevented or recycled should be treated in an
environmentally safe manner; and disposal or other release into the environment
should be employed only as a last resort and should be conducted in an
environmentally safe manner.
"Regulated Pollutant" means any pollutant that is regulated under environmental
laws, regardless of the amount that is generated, emitted or discharged into
the environment by the facility.
(20) "Significant" and "significantly" shall
be determined by the agency, taking into consideration input from the facility
"Stakeholder" means persons inside and outside of a facility who may have an
interest in or be affected by the facility's environmental
Development" means managing the use, development and protection of natural and
physical resources in a way, or at a rate, that enables people to meet their
current needs without compromising the ability of future generations to meet
their own needs, does not threaten ecological life support systems, and
"Waiver" means an exception from otherwise applicable requirements of