Structural, Soil Protection & Waste Minimization Standards Rulemaking

ORS 469.470 authorizes the Council to adopt standards and rules for the siting of energy facilities and for the implementation of Oregon's energy policy. ORS chapter 183 outlines the steps an agency must take to adopt rules.

Summary of Proposed Rule	The Energy Facility Siting Council (EFSC) has initiated a rulemaking to review and update three of its siting standards: the Structural Standard (OAR 345-022-0020), Soil Protection Standard (OAR 345-022-0022), and Waste Minimization Standard (OAR 345-022-0120). The standards address related issues involving site conditions and structural design, impacts to soils, and the minimization, handling, and disposal of solid waste and wastewater. The rulemaking will evaluate whether the standards and their associated information requirements are clear, appropriately tailored, and necessary for Council to determine whether a proposed facility can be designed, constructed, operated, and retired in compliance with EFSC requirements. The review will also consider potential duplication among the standards, opportunities to clarify what information applicants must provide and what findings Council must make, and whether recurring requirements would be better addressed through standard site certificate conditions. The goal is not to reduce the substantive protections provided by the standards, but to make the rules clearer, more efficient, and better suited to current energy facility types and technologies.
Statement of Fiscal Impact on Proposed Rule	To be determined. The rulemaking is currently in the informal development stage, and specific proposed rule amendments have not yet been developed. Fiscal impacts will be evaluated as proposed rule language is developed.
Any Relevant FAQ Documents	None yet.
Rulemaking Advisory Committee Meeting Notes / Recording	None yet.
Public Comments Received	None received to date. A formal public comment period has not yet opened.
Most Recent Activity	September 2026: EFSC Recruiting Members for Rulemaking Advisory Committee

September 4, 2026: ODOE Recruiting Members for Rulemaking Advisory Committee
On July 24, 2026, the Energy Facility Siting Council approved the initiation of an informal rulemaking to review the Structural, Soil Protection, and Waste Minimization standards. Council also approved the formation of a Rulemaking Advisory Committee (RAC) to assist the Oregon Department of Energy in developing potential rule changes. The Department is now seeking people interested in participating on the RAC. RAC members will help identify practical issues with the existing standards and information requirements, evaluate requirements that may be unclear or duplicative, and provide feedback on potential draft rule language before proposed rules are presented to Council. The Department is interested in participation from a broad range of perspectives, including members of the public, power providers, energy developers, resource and environmental organizations, federally recognized Tribes in Oregon, local governments, state agencies, and people with technical or practical experience related to geology, soils, stormwater, structural engineering, hazardous materials, solid waste, wastewater, construction, or energy facility development and operation. The RAC is expected to meet approximately three to five times, with all meetings held remotely through Microsoft Teams, so no travel will be required. Anyone interested in serving on the RAC, learning more about the rulemaking, or following the process is encouraged to contact Tom Jackman, EFSC Rules Coordinator, at tom.jackman@energy.oregon.gov.
July 24, 2026: EFSC Initiates Informal Rulemaking
At its July 24, 2026 meeting, the Energy Facility Siting Council unanimously approved initiation of an informal rulemaking to review the Structural, Soil Protection, and Waste Minimization standards. Council approved the proposed scope and objectives of the rulemaking, authorized formation of a Rulemaking Advisory Committee, and delegated authority to the Oregon Department of Energy to appoint RAC members. For more information, please contact: Tom Jackman EFSC Rules Coordinator tom.jackman@energy.oregon.gov

Resources

For more information, please contact:

Tom Jackman

Rulemaking Coordinator

To request an interpreter for the hearing impaired or accommodations for persons with disabilities, please contact the Oregon Department of Energy at least 72 hours before the meeting at 1-800-221-8035 or fax 503-373-7806. TTY users should call the Oregon Relay Service at 711.