Or. Admin. Code § 340-300-0007 - DEQ Review and Approval of Seismic Vulnerability Assessments and Risk Mitigation Implementation Plans

(1) DEQ will review and approve the Seismic Vulnerability Assessments submitted under OAR 340-300-0003 if they meet the requirements of Chapter 99 of Oregon Law 2022 and these rules.

(2) The DEQ will approve Risk Mitigation Implementation Plan if the plan submitted under OAR 340-300-0004 meets the requirements of Chapter 99 of Oregon Law 2022 and these rules and when implemented will minimize the risk to the human health and safety and the environment in the event of ground shaking and secondary effects.

(3) Before DEQ approves a Seismic Vulnerability Assessment or a Risk Mitigation Implementation Plan required under these rules, DEQ may provide a copy of the mitigation plan to the Department of Geology and Mineral Industries, the office of the State Fire Marshal, the Oregon Department of Energy and the local government jurisdictions for review.

(4) Before approving a Risk Mitigation Implementation Plan, DEQ will provide a public notice and initiate a public comment period as follows:

(a) DEQ will announce the public notice through the Fuel Tank Seismic Stability GovDelivery mailing system.

(b) DEQ will hold a public comment period open for 30 calendar days. This period may be extended at DEQ's discretion. DEQ will review public comments and may request changes to the Risk Mitigation Implementation Plans prior to approval as determined appropriate by DEQ.

(c) DEQ will post all Risk Mitigation Implementation Plans barring any confidential business information on DEQ's website by the time of public notice.

(5) Public hearing

(a) If requested by 10 entities or a group representing 10 entities within the first 20 calendar days of the public comment period, a public hearing will be held. DEQ will extend the public comment period and hold a hearing at least 14 calendar days before the close of the public comment period.

(b) A notice of 30 calendar days will be provided ahead of a public hearing.

Notes

Or. Admin. Code § 340-300-0007

DEQ 13-2023, adopt filed 09/14/2023, effective 9/14/2023

Statutory/Other Authority: ORS 468.020 & SB 1567 (2022)

Statutes/Other Implemented: SB 1567 (2022)