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Title V Consumer Price Index 2021

Proposed rule

Rulemaking contact: Donald Hendrix, 503-875-5555  

Phase one - adopted

Administrative Order No. DEQ-10-2021 
Filed and effective: July 23, 2021 
See Oregon Bulletin, August 2021

The Environmental Quality Commission approved new proposed rules to increase Title V permit fees for 2022 and 2023 by the change in the consumer price index as authorized by the federal Clean Air Act and state law, including the:

  • Annual base fees assessed to all Title V sources regardless of emission quantities;

  • Emission fees assessed per ton of emissions from individual sources per calendar year; and

  • Specific activity fees assessed when a source owner or operator modifies a permit.

The adopted fee increase effective for invoice year 2022 is 1.46 percent based on the Bureau of Labor Statistics September 2020 consumer price index for the period September 2019 to August 2020. 

Phase two - proposed

DEQ also proposes a fee increase for invoice year 2023. The current proposed increase for 2023 is an additional 3 percent but will be based on the Bureau of Labor Statistics September 2021 consumer price index for the period September 2019 to August 2020. 

Public involvement

The public comment period for this rulemaking closed at 4 p.m. on May 21, 2021.

The next step in the rule adoption process is for the Environmental Quality Commission to consider adopting the proposed phase two rule changes at a future meeting.

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 on May 17, 2021.

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EQC action

Phase 1 adopted by EQC on July 23, 2021
Phase 2
The Environmental Quality Commission delegated authority to adopt the phase two fee increase to the DEQ Director at its Feb. 4, 2022, meeting. The proposed rules will be presented to the DEQ Director for a decision sometime before July 2022.