The Jordan Cove Energy Project includes a proposed liquefied natural gas export facility in Coos Bay and a 235-mile pipeline connecting Coos Bay and Malin.
The federal government - specifically, the Federal Energy Regulatory Commission - has exclusive authority to site LNG terminals in the United States. FERC is the lead for the proposed Jordan Cove project. Proposed LNG facilities, however, require approvals from authorities at the federal, state, county, and local levels.
The State of Oregon's Role
The state of Oregon plays a critical role in the review and siting of LNG facilities. Our work is done across multiple agencies and involves numerous responsibilities, including specific regulatory roles. In addition to ensuring we are following all state laws and regulations to the letter when considering any proposed project, state agencies also work hard to ensure Oregonians are aware of and have opportunities to offer public input.
Oregonians will have opportunities to participate in and offer comments on various state agency reviews. We will also promote opportunities to weigh in on the federal process as it moves forward.
State agencies will review and comment on the project overall, offering input on draft resource reports, which are already being submitted by the developer, and the final Environmental Impact Statement, which will be released by FERC later in the project. Each agency brings unique subject matter expertise.
|Protecting Oregon's interests in the federal siting process
Lead agency: ODOE Energy Facility Siting Division
|ODOE is responsible for overseeing Oregon's interests in the siting of LNG terminals in the state. Activities include:|
- Coordinating the state's review and comments of draft resource reports submitted by LNG developers.
- Coordinating the state's review and comments of FERC's draft and final Environmental Impact Statements
- Coordinating other state activities involving the federal siting process, as directed by the Governor.
- Overseeing public health and safety planning in the event of an LNG emergency at the proposed terminal or along a transit route. This work entails reviewing and issuing a decision on the proposed facility’s emergency response plans and overseeing safety and security activities throughout the life of any approved LNG project.
|Safety and security
Lead agency: ODOE Nuclear & Energy Emergency Preparedness Division
|ODOE is responsible for ensuring the protection of public health and safety in the event of an LNG emergency at a terminal or along the LNG vessel transit route. Activities include:|
- Reviewing, approving, approving with conditions, or denying LNG developer emergency response plans.
- Reviewing, approving, approving with conditions, or denying LNG developer cost share plans.
- Establishing minimum state standards for LNG emergency preparedness and response in Oregon.
- Establishing a memorandum of Understanding (MOU) to ensure LNG developers are committed to meeting state standards for LNG emergency preparedness in Oregon.
- Overseeing safety and security activities throughout the life of each LNG project sited, constructed, and operated in Oregon.
|Coastal Zone Management Act
Lead Agency: Oregon Department of Land Conservation and Development (DLCD)
|The mission of Oregon’s Coastal Management Program is to work in partnership with coastal local governments, state and federal agencies, and other stakeholders to ensure that the state's coastal and ocean resources are managed, conserved, and developed consistent with statewide planning goals, state laws, and local authorities. |
The federal Coastal Zone Management Act provides DLCD with a unique regulatory authority to review various federal actions in or affecting the state's coastal zone for consistency with the Coastal Management Program. LNG applicants must demonstrate to DLCD that facility construction and operation activities comply with enforceable policies of Oregon’s Coastal Management Program. DLCD’s review process for consistency with the CZMA:
- Applicant submits Coastal Zone Certification to DLCD indicating proposed activity complies with Oregon’s Coastal Management Program
- Applicant provides DLCD all necessary data and information to support the certification
- DLCD reviews applicant’s Coastal Zone Certification for consistency with Oregon’s Coastal Management Program and:
- Consults other state agencies as applicable
- Seeks public input
- DLCD issues “coastal concurrences" for approvals or "coastal objections” for denials
|Clean Water Act and Removal-Fill Law
Lead Agencies: Oregon Department of Environmental Quality (DEQ) and Oregon Department of State Lands (DSL)
|Section 401 of the federal Clean Water Act requires that any federal license or permit to conduct an activity that may result in a discharge to waters of the United States must first receive a water quality certification from the state in which the activity will occur. DEQ is responsible for issuing water quality certifications in Oregon. Section 404 of the Clean Water Act is administered by the U.S. Army Corps of Engineers. Oregon jointly regulates removal and fill in wetlands and other waters through the state's Removal-Fill Law. Most large-scale projects require both a federal and state permit for these activities.
In Oregon, the Corps and DSL offer a Joint Permit Application, which the applicant will submit to both agencies, to facilitiate coordination of removal-fill permitting. The permit criteria and standards are aligned, and each agency has its own public review process and decision deadlines. so that processing can happen concurrently. Permit processes include:
- Applicant submits a Joint Permit Application to the Corps and DSL for evaluation
- Applicant submits water quality certification application to DEQ for evaluation
- The Corps publishes a Public Notice to solicit public comments for Section 404 permit (dredge and fill activities) and Section 401 water quality certification permit
- DSL conducts a public notice and review process, completes a final technical review, and issues a permit decision
- DEQ conducts a public hearing on Section 401 permit if necessary
- DEQ determines whether to approve the application and issue a water quality certification permit, approve the application with conditions, or deny the application
- A DEQ-approved water quality certification permit must be in place before the Corps will approve a permit
|Clean Air Act
|LNG applicants must demonstrate to DEQ that facility construction and operation activities as well as LNG vessel activities comply with enforceable policies of Oregon’s Clean Air Act. Activities include:
- Applicant submits a Notice of Intent to DEQ for review, which includes:
- description of the nature, location, design capacity, and typical operating schedule of the source
- estimation of short-term/annual maximum amount and type of regulated air pollutant emitted with calculations
- analysis of air quality and visibility impact of the source
- DEQ reviews and evaluates the application
- DEQ approves or denies a Clean Air Act permit