Or. Admin. R. 340-014-0110 - Criteria for Approval of a Custom Waiver Permit

(1) An agency or agencies may approve a Custom Waiver Permit upon demonstration to the agency's satisfaction that:

(a) The waiver requested is necessary to achieve environmental results that are significantly better than otherwise required by law;

(b) The applicant will achieve environmental results that are significantly better than otherwise required by law;

(c) The applicant has submitted a stakeholder involvement plan relating to the custom waiver and has begun implementing the plan, considering the results of stakeholder involvement in decision making, and responding to comments received from stakeholders during the application review process;

(d) The waiver is not likely to create a significant threat to human health or the environment; and

(e) The applicant will report on environmental performance and stakeholder involvement activities related to the custom waiver at least annually.

(2) In order to determine whether predicted environmental results will be achieved, an agency shall consider:

(a) The technical basis for such a prediction, such as reliance upon proven technology or projections based upon demonstrably sound scientific principles;

(b) The applicant's record in Oregon of complying with applicable federal, state and local environmental laws and regulations. Any applicant with a criminal conviction of any environmental law within the prior year shall not be eligible for a Custom Waiver permit; and

(c) The applicant's ability to review, monitor, assess, and manage the environmental impacts related to its custom waiver.

(3) In determining whether the predicted environmental results are significantly better than otherwise required by law, the agency's consideration shall include:

(a) The environmental results that are required by law and baseline performance data for the facility;

(b) The degree of improvement with respect to the time to achieve the predicted results, any environmental costs of achieving the results, the degree of uncertainty in achieving the results, and the environmental results currently achieved by the facility; and

(c) The potential impacts of the waiver on human health and the environment.

Notes

Or. Admin. R. 340-014-0110

DEQ 13-1999, f. & cert. ef. 9-14-99

Stat. Auth.: ORS 468.020

Stats. Implemented: ORS 468.501, ORS 468.503, ORS 468.506, ORS 468.508, ORS 468.511, ORS 468.513, ORS 468.516, ORS 468.518 & ORS 468.521