Adopted rule

Administrative Order No. DEQ-17-2020
Filed and effective: Sept. 21, 2020
See Oregon Bulletin, October 2020

Rulemaking contact: Dan DeFehr, 503-229-6442

As part of the Department of Environmental Quality’s 2019-2021 Legislatively Approved Budget, the Oregon Legislature authorized a fee increase for the Air Contaminant Discharge Permit program to generate a 70% increase in fee revenue beginning July 2020. DEQ is preparing for a rulemaking to determine the specific increases for types of ACDP fees, totaling a 70% increase in fee revenue. These rules do not propose any changes to Cleaner Air Oregon related fees.
The ACDP program currently implements approximately 2,400 air permits across the state and is funded mainly by fees. The increase will provide funding for six new permit writing positions and sustain the program for the next four years. This proposed rulemaking does not impact any Cleaner Air Oregon fees. The last fee increase for the ACDP program was 20% and effective June of 2014. The 2014 fee increase was estimated to maintain program needs through 2017. DEQ eliminated the equivalent of four fulltime employees in 2017-2019 to balance the budget.
The rulemaking also establishes a new permit category of Basic ACDPs within DEQ’s Table of Activities and Sources (OAR 340-216-8010 Table 1). This addition would not require any sources to obtain a permit that are not already required to do so. Rather, this addition is designed to allow relatively simple sources that meet the new criteria to obtain a less costly and less complex Air Contaminant Discharge Permit.
DEQ worked with an advisory committee in determining the best way to raise the approved revenue. Changes to the draft rules were made in response to committee feedback and discussion; the changes are designed to minimize the fiscal impact to small businesses. DEQ expects to present the proposed rules to the EQC in May 2020 in order to implement the fee increase on July 1, 2020.

​DEQ is working with an advisory committee to determine the best ways to raise the legislatively approved revenue.

​Meeting 2
Dec. 9, 2019, 1 - 5 p.m.
Meeting materials
Webinar and meeting call-in information

Video Webinar Link:
Teleconference Call-in Number: 888-278-0296

Teleconference Participant ID: 8040259
Instructions for joining webinar or teleconference: Teleconference/Webinar instructions

Advisory committee meetings are open to the public. The public may attend the meeting, but the committee has discretion whether to allow the public to participate in the meeting. The public will be able to comment on the proposed rule changes during the public notice and comment period later in the rulemaking. DEQ publishes meeting notices on Please notify DEQ of any special physical or language accommodations or if you need information in large print, Braille or another format. To make these arrangements, contact DEQ, Portland, at 503-229-5696 or call toll-free in Oregon at 1-800-452-4011, ext. 5696; fax to 503-229-6762; or email to Hearing impaired persons may call 711. 

Previous Meetings

Meeting 1

Nov. 12, 2019


​Public involvement

The public comment period for this rulemaking closed at 4 p.m. on March 2, 2020. DEQ will not consider any comments submitted after this deadline.
The next step in the rule adoption process is for the Environmental Quality Commission to consider adopting the proposed rule changes at a future meeting.
For more information, see the Notice of Proposed Rulemaking and Draft Rules
Includes the notice, proposed rules, and any supporting documents


Public hearing

A public hearing was held Feb. 27, 2020.

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EQC action

The Environmental Quality Commission adopted these rules at its meeting on Sept. 17, 2020.