1. (1) To request an amendment to the site certificate required by OAR 345-027-0350(3) or (4), the certificate holder must submit a written preliminary request for amendment to the Department that includes the following:

   1. (a) The name of the facility, the name and mailing address of the certificate holder, and the name, mailing address, email address and phone number of the individual responsible for submitting the request;

   2. (b) A detailed description of the proposed change, including:

      1. (A) A description of how the proposed change affects the facility;
      2. (B) A description of how the proposed change affects those resources or interests protected by applicable laws and Council standards; and
      3. (C) The specific location of the proposed change, and any updated maps and/or geospatial data layers relevant to the proposed change.

   3. (c) The request for amendment analysis areas (“RFA analysis areas”), which are based on the following:

      1. (A) If a Project Order was issued for the facility, the area within the distances for analysis areas specified in the Project Order; or
      2. (B) If a Project Order was not issued for the facility, the area within the distances for study areas specified in OAR 345-001-0010.

      3. (C) If applicable, a modified site boundary, which reflects that:

         1. (i) A proposed amendment is not contained by the existing site boundary. In this case, the RFA analysis areas would extend from the portions of the site boundary that are the subject of the amendment request; or
         2. (ii) A proposed amendment is a subset of the existing site boundary.
         3. (d) Any specific information that may be required for the Department to make its findings;
   4. (e) The specific language of the site certificate, including conditions, that the certificate holder proposes to change, add, or delete through the amendment;
   5. (f) A list of all Council standards and other laws, including statutes, rules and ordinances, applicable to the proposed change, identification of any changes in facts or law relevant to the proposed change since the date the current site certificate was executed, and an analysis supported by evidence of whether the facility, with the proposed change, would comply with those applicable laws and Council standards. For the purpose of this rule, a law or Council standard is “applicable” if the Council would apply or consider the law or Council standard under OAR 345-027-0375(2); and

   6. (g) A list of the names and mailing addresses of property owners, as described in this rule:

      1. (A) The list must include all owners of record, as shown on the most recent property tax assessment roll, of property located:

         1. (i) Within 100 feet of property which the subject of the request for amendment, where the subject property is wholly or in part within an urban growth boundary;
         2. (ii) Within 250 feet of property which is the subject of the request for amendment, where the subject property is outside an urban growth boundary and not within a farm or forest zone; or
         3. (iii) Within 500 feet of property which is the subject of the request for amendment, where the subject property is within a farm or forest zone.
      2. (B) In addition to incorporating the list in the request for amendment, the applicant must submit the list to the Department in an electronic format acceptable to the Department.

2. (2) Within 14 days of receiving a preliminary request for amendment, the Department must notify the public that a preliminary request for amendment has been received by:

   1. (a) Sending notice by mail or email to:

      1. (A) All persons on the Council's general mailing list as defined in OAR 345-011-0020;
      2. (B) All persons on any special mailing list established for the facility;
      3. (C) The reviewing agencies for the facility, as defined in OAR 345-001-0010(28); and
      4. (D) The property owners on the list provided under subsection (1)(f) of this rule; and
   2. (b) Posting an announcement on the Department's website to notify the public that a preliminary request for amendment has been received. The announcement must include a copy of the preliminary request for amendment.

3. (3) The certificate holder may rely upon evidence previously submitted to the Department in the application for site certificate and/or previous request for amendment, or evidence that is otherwise included in the Department’s record on the facility if:

   1. (a) The certificate holder explains how the evidence is relevant to and remains accurate for purposes of the requested amendment;
   2. (b) The certificate holder updates the evidence and related analysis regarding any data, facts or additional information obtained or learned since the evidence was last submitted to the Department; and
   3. (c) The certificate holder submits the previously relied upon evidence and any updates to the Department with its preliminary request for amendment.

Statutory/Other Authority

ORS 469.470

Statutes/Other Implemented

ORS 469.405

History

EFSC 4-2026, amend filed 04/23/2026, effective 04/23/2026
EFSC 5-2025, amend filed 10/24/2025, effective 10/24/2025
EFSC 1-2020, adopt filed 01/28/2020, effective 01/28/2020
EFSC 9-2019, temporary adopt filed 08/22/2019, effective 08/22/2019 through 02/17/2020