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Air Contaminant Discharge Permit Fee Increase 2020

Adopted rule

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

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.


      Public involvement

      The public comment period for this rulemaking closed at 4 p.m. on March 2, 2020. 
       
      Includes the notice, proposed rules, and any supporting documents

      Public hearing
      A public hearing was held Feb. 27, 2020.


      EQC action

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


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