OAR 340-016-0009
Certification of wood chippers
(1)
The Environmental Quality Commission authorizes the Director of the Department of Environmental Quality or the Director’s delegate to certify wood chippers as provided in OAR 340-016-0060 (Eligibility)(4)(h)(C) if:(a)
The Department determines the facility is otherwise eligible under OAR 340-016-0060 (Eligibility); and(b)
The claimed facility cost does not exceed $50,000 as set forth in OAR 340-016-0075 (Determination of Portion of Facility Cost Allocable to Pollution Control)(1).(2)
The Department may elect to defer certification of any facility to the Environmental Quality Commission.(3)
If the Department determines the facility cost, the percentage of the facility cost allocable to pollution control, or the applicable percentage under ORS 468.173 (Applicable percentage of certified cost of facility eligible for tax credit) is less than the applicant claimed on the application then the Department shall:(a)
Notifying the applicant in writing; and(b)
Include a concise statement of the reasons for the proposed certification of a lesser amount or percentage; and(c)
Include a statement advising the applicant of their rights under section (4).(4)
Applicants that receive a notification under section (3) may elect to defer certification to the Environmental Quality Commission by notifying the Department within 30 days of the notification date.(5)
The Department shall defer certification to the Environmental Quality Commission according to sections (2) and (4).(6)
The Director or the Director’s delegate shall certify facilities that otherwise qualify under this rule and have not been deferred according to sections (2) or (4).
Source:
Rule 340-016-0009 — Certification of wood chippers, https://secure.sos.state.or.us/oard/view.action?ruleNumber=340-016-0009.