Oregon Administrative Code

340-273-0590 Recordkeeping Requirements Related to Trading (1) A covered entity that transfers one or more compliance instruments in a trade according to OAR 340-273-0510 must retain the following records related to each trade, in paper or electronic format for a period of at lea…

340-273-0810 Application for Community Climate Investment Credits (1) Covered entities are eligible to receive one or more CCI credits if they contribute CCI funds according to this rule. Covered EITE sources and covered DNG sources are ineligible to receive CCI credits for contr…

340-273-0820 Generation and Distribution of Community Climate Investment Credits (1) DEQ will review an application submitted according to OAR 340-273-0810 to ensure that it meets the requirements of that rule. DEQ will inform the applicant either that the submitted application i…

340-273-0830 Holding Community Climate Investment Credits (1) After DEQ distributes a CCI credit to a covered entity according to OAR 340-273- 0820, the covered entity may continue to hold the CCI credit until any of the following apply: (a) The covered entity uses the CCI credit…

340-273-0890 Recordkeeping Requirements Related to Community Climate Investment Funds (1) A covered entity that provides CCI funds to a CCI entity must retain the following records, in paper or electronic format, for a period of time that begins with the date it provides the CCI …

340-273-0900 Purposes of Community Climate Investments and Eligible Uses of CCI Funds (1) The purposes of community climate investments are to: (a) Provide covered entities with an optional means of meeting part of their compliance obligation for one or more compliance periods; (…

340-273-0910 Application to DEQ for Approval as a Community Climate Investment Entity (1) To be eligible for DEQ approval as a community climate investment entity, an entity must demonstrate that it: (a) Is authorized to do business in Oregon, and that it is exempt from federal t…

340-273-0920 DEQ Review and Approval of Community Climate Investment Entities and Agreements for Approved CCI Entities (1) DEQ will review and may approve applications from entities proposing to be approved as CCI entities according to subsections (a) through (d). (a) DEQ will re…

340-273-0930 Requirements for Community Climate Investment Entities (1) Acceptance of CCI funds. (a) Once approved by DEQ, unless otherwise specified in the agreement between a CCI entity and DEQ, a CCI entity must accept CCI funds from any covered entity that seeks to contribute…

340-273-0950 Fee for Community Climate Investment Entities (1) Each approved Community Climate Investment Entity must pay a fee to DEQ equal to 4.5% of all CCI contributions that the entity receives from covered fuel suppliers and: (a) The fee is due biannually. No later than Feb…

340-273-0960 Equity Advisory Committee and Environmental Justice Community Engagement (1) DEQ will appoint and convene an equity advisory committee to assist DEQ with: (a) Review of: (A) Applications to become a CCI entity; (B) Requests for DEQ approval of work plans; and (C) Oth…

340-273-0990 Recordkeeping Requirements for Community Climate Investment Entities (1) A CCI entity must retain the following records, in paper or electronic format, for a period of at least seven years following the date of transaction or submission to DEQ: (a) A copy of each app…

340-273-8100 Program Review (1) DEQ will report to the EQC on community climate investments and request that the EQC provide input on community climate investment implementation and future improvements. DEQ will submit the first report to the EQC by August 30, 2027 and every two …

340-273-8110 Deferrals DEQ may extend reporting or demonstration of compliance deadlines as DEQ deems necessary or appropriate and will issue written notice of any extensions. Statutory/Other Authority: ORS 468.020, 468A.025 & 468A.040 Statutes/Other Implemented: ORS 468.020, 468…

340-273-8120 Severability Each requirement of this division is severable, and if any requirement of this division is held invalid, the remainder of the requirements of this division will continue in full force and effect. Statutory/Other Authority: ORS 468.020, 468A.025 & 468A.04…

340-273-9000 Tables (1) Table 1. Thresholds for applicability described in OAR 340-273-0110(3). (2) Table 2. Oregon Climate Protection Program caps. (3) Table 3. Compliance instrument reserve size. (4) Table 4. Compliance instrument percentage distribution to covered fuel supplie…

340-300-0000 Context (1) A Cascadia Subduction Zone earthquake impacting the large capacity fuel handling facilities in Oregon could create widespread environmental damage, fires, endanger health and safety of surrounding communities and place impossible demands on the state’s em…

340-300-0001 Purpose and Applicability (1) The purpose of these rules is to protect public health, life safety and environmental safety against fires and release of fuel products and establish: (a) The process and criteria for completion of facility-wide Seismic Vulnerability Ass…

340-300-0002 Definitions and Acronyms as used in this Division (1) “ASCE” means American Society of Civil Engineers (2) “API” means American Petroleum Institute (3) “Assessment team” means a multidisciplinary team consisting of one or more of the following as applicable: project …

340-300-0003 Seismic Vulnerability Assessment Requirements and Timeline (1) A comprehensive Seismic Vulnerability Assessment or series of assessments submitted to DEQ must comply with Chapter 99 of Oregon Law (2022) and : (a) Be conducted and verified by the Assessment Team of qu…

340-300-0004 Risk Mitigation Implementation Plan Requirements, Timeline and Approval Criteria (1) The Risk Mitigation Implementation Plan must propose risk mitigation measures to address vulnerabilities identified in the Seismic Vulnerability Assessment to protect public health, …

340-300-0005 Reporting Requirements and Inspections (1) Annual Risk Mitigation Implementation Plan implementation status reports must be submitted by June 1st of each year until the implementation is completed and approved by DEQ, or on a schedule approved by DEQ in the Risk Miti…

340-300-0006 Program Administration and Compliance Fees (1) A facility owner or operator must pay a Seismic Vulnerability Assessment Submittal Fee of $39,000. The fee must accompany submittal of the Seismic Vulnerability Assessment or the initial assessment report if a series of …

340-300-0007 DEQ Review and Approval of Seismic Vulnerability Assessments and Risk Mitigation Implementation Plans (1) DEQ will review and approve the Seismic Vulnerability Assessments submitted under OAR 340-300-0003 if they meet the requirements of Chapter 99 of Oregon Law 2022…

345-001-0000 Notice of Permanent Rulemaking (1) Before permanently adopting, amending or repealing any rule, the Council must give notice of the proposed action: (a) In the Secretary of State's Bulletin referred to in ORS 183.360 at least 21 days before the effective date of the …

345-001-0005 Uniform and Model Rules (1) Except as described in this rule, the Energy Facility Siting Council adopts and incorporates by reference in this chapter the following rules from the Attorney General's Uniform and Model Rules (December 2023): OAR 137-001-0005 through 137…

345-001-0010 Definitions In this chapter, unless the context requires otherwise or a term is specifically defined within a division or a rule, terms have the meaning provided in ORS 469.300 and the following definitions: (1) “Analysis area” means the area or areas specifically de…

345-001-0020 Purpose (1) The purpose of the rules of this chapter is to establish application requirements, review procedures and standards for the siting, construction, operation and retirement of energy facilities, for the transport of radioactive materials, and for the disposa…

345-001-0030 Applicability The rules in this chapter apply to all matters under Council jurisdiction, except that the rules in effect before the date of adoption of this rule apply to site certificate amendment proceedings pending before the Council as of that date. Statutory/Oth…

345-001-0035 Electric and Magnetic Field Committee (1) The chair shall appoint an Electric and Magnetic Field Committee composed of Council members and representatives of the public, utilities, manufacturers and state agencies. The chair may delegate the authority to set meeting …

345-001-0050 Public Records Availability and Fees for Copying (1) All public records of the Council that are retained by the Department of Energy are available for public inspection and copying at the Department during usual business hours, except for records that the Department …

345-001-0060 Council Representation at Contested Case Hearings (1) A Council member, an officer of the Department of Energy, or an employee of the Department may appear, but not make legal argument, on behalf of the Council in a hearing or in a class of contested case hearings in…

345-001-0080 Reconsideration and Rehearing — Orders in Other than Contested Cases (1) A person entitled to judicial review under ORS 183.484 of a final order in other than a contested case may file a petition for reconsideration or rehearing with the Council within 60 days after …

345-001-0101 Information Submission Requirements (1) Where practicable, any data used to produce maps, or any other geospatial data required under the Council’s rules must also be submitted in an acceptable geospatial file format, such as a shapefile, geodatabase file, or other g…

345-001-0200 Creation of an Energy Generation Area (1) The Council shall define the boundaries of an energy generation area by rule when: (a) The Council finds that a geographical area exists within which the effects of development of two or more small generating plants, as defin…

345-001-0210 Effect of an Energy Generation Area (1) For the purpose of this rule: (a) “Energy resource” means geothermal, solar or wind power; (b) “Small generating plant” means one or more electric power generating devices that: (A) Have a combined nominal electric generating c…

345-001-0220 Energy Generation Areas The Council may designate geothermal, solar or wind energy generation areas by rule. Statutory/Other Authority: ORS 469.470 Statutes/Other Implemented: ORS 469.300 & 469.320 History: EFSC 1-2010, f. & cert. ef. 5-11-10 EFSC 2-1999, f. & cert. …

345-001-0250 Solar Photovoltaic Power Generation Facilities (1) To determine that a proposed solar photovoltaic power generation project is an expansion of an existing or proposed solar photovoltaic power generation facility as described under OAR 345-001-0010(56)(b), the Council…

345-011-0000 Authority and Purpose The purpose of the rules in this division is to provide procedures for the orderly conduct of meetings of the Council. Statutory/Other Authority: ORS 183 & 469.470 Statutes/Other Implemented: ORS 192 & 469.460 History: EFSC 2-1999, f. & cert. ef…

345-011-0005 Quorum and Rules of Order (1) Four members of the Council constitute a quorum. The Council may meet to discuss any matter in the absence of a quorum but shall take no formal action on any matter unless a quorum is present. (2) A majority of the Council members presen…

345-011-0010 Officers (1) The Council shall annually elect a chair and a vice-chair. The chair and vice-chair shall serve for one year or until their successors are elected. A member may serve successive full terms as chair or vice-chair. The chair or vice-chair may be removed by…

345-011-0015 Meetings (1) The Council shall meet periodically, as determined by the Council. The Council may vary the locations of its meetings in order to give persons throughout the state an opportunity to observe and participate in its activities. The Council Secretary, consis…

345-011-0020 Agendas for Regular Meetings (1) The Council Secretary shall prepare an agenda for each regular Council meeting after consulting with the chair. On the agenda, the Secretary shall specify all matters scheduled to come before the Council at the meeting and shall ident…

345-011-0025 Consideration of Matters Not on Agenda A Council member or the Council Secretary may, with the approval of a majority of Council members, raise matters at a meeting that the Council Secretary did not place on the agenda. The Council shall not act on a matter not on t…

345-011-0030 Order of Business (1) The order of business of Council meetings is as follows: (a) Introduction of new Council members, resolutions for retiring Council members, and other personnel recognition. (b) Announcements. (c) Minutes of previous Council meetings including co…

345-011-0035 Requests to Place Items on the Agenda (1) Any person may request formal Council action on a particular subject (an "action item") by submitting a written request to the Department of Energy. With the concurrence of the chair, the Council Secretary shall place the req…

345-011-0045 Committees and Subcommittees (1) The chair may appoint Council members to committees and subcommittees, alter the number of members of such committees and subcommittees, and abolish committees and subcommittees at any time unless disapproved by a majority of the Coun…

345-011-0050 Council Files The Council Secretary shall maintain minutes of all Council meetings, Council committee meetings and other records of the Council. Statutory/Other Authority: ORS 469.470 Statutes/Other Implemented: ORS 192.640 & 469.460 History: EFSC 1-2012, f. & cert. …

345-011-0055 Council Communications (1) Majority approval by the Council is required before the Council or the Council Secretary issues any correspondence that might materially affect policies or procedures of the Council. Members of the Council shall not communicate in the name …

345-011-0060 Waiver and Suspension Inadvertent failure by the Council to comply with the rules of this division does not invalidate any action taken by the Council. The Council may, by a majority vote of the quorum present, temporarily suspend application of the rules of this div…