1. (1) The provisions of 40 CFR 124.5(b) are deleted and replaced with subsections (1)(a), (b), and (c) of this rule:

   1. (a) If the permitting body decides the request is not justified, it shall send the requester a brief written response giving a reason for the decision. Denials of requests for modification, revocation and reissuance, or termination are not subject to public notice, comment or hearings;
   2. (b) Denials by the Department may be appealed to the Commission by a letter briefly setting forth the relevant facts. The Commission may direct the Department to begin modification, revocation and reissuance, or termination proceedings under 40 CFR 124.5(c). The appeal shall be considered denied if the Commission takes no action on the letter within 60 days after receiving it. This appeal is a prerequisite to seeking judicial review of Department action in denying a request for modification, revocation and reissuance, or termination;
   3. (c) Denials by the Commission are subject to judicial review under ORS 183.480.
2. (2) The provisions of 40 CFR 124.5(e), (f), and (g) are deleted.

Statutory/Other Authority

ORS 183, 459 & 468

Statutes/Other Implemented

ORS 466.140

History

DEQ 8-1985, f. & ef. 7-25-85