Rulemaking

Adopted rule

Administrative Order No. DEQ-14-2021
Filed and effective: July 26, 2021 
See Oregon Bulletin, August 2021

DEQ has begun a rulemaking that will propose revisions to its Regional Haze Rules. Oregon’s Regional Haze Rules implement the federal 1999 Regional Haze Rule as amended in 2017. The purpose of the Regional Haze Program is to improve visibility in wilderness areas and national parks with the goal to attain natural visibility conditions by 2064. DEQ also implements the 2017 Regional Haze Rule to protect and improve visibility in the Columbia River Gorge National Scenic Area. The federal Regional Haze rule requires states to periodically update Regional Haze Plans.

DEQ is currently preparing a Round 2 Regional Haze Plan for the years 2021 through 2028. Regional Haze Plans must include federally enforceable rules for sources to reduce emissions of haze-forming pollutants. In Round 2, these pollutants are particulate matter, nitrogen oxides and sulfur oxides. DEQ will conduct two rulemakings associated with the Round 2 Regional Haze Plan. The Environmental Quality Commission adopted rules to codify in Division 223, the screening procedure that identifies facilities for which DEQ will require pollution controls, the process followed to determine cost effectiveness of those controls and compliance options available to facilities. A second rulemaking will commence in summer 2021 and will include a public notice and comment period pertaining to the adoption of Oregon’s Round 2 Regional Haze Plan and the plan’s submission to the Environmental Protection Agency for approval.

 

Advisory committee

DEQ convened an advisory committee to review the fiscal impacts related to the proposed rules. In convening this committee, DEQ has appointed members that reflect the range of entities that are both directly and indirectly affected by proposed changes to the rules.

Meeting 1: May 17, 2021

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 the state events calendar. 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 deqinfo@deq.state.or.us. Hearing impaired persons may call 711.

 

​Public involvement

The comment period for this rulemaking closed on June 30, 2021 at 4 p.m.

For more information, see the Notice of Proposed Rulemaking and Draft Rules, which includes the notice, proposed rules and supporting documents.

Public hearing
A public hearing was held June 28, 2021.

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EQC action

The Environmental Quality Commission adopted these rules at its meeting on July 23, 2021.