Air Quality Division 

811 SW 6th Avenue

Portland, OR 97204

Phone: (503) 229-6278

(800) 452-4011

Fax: (503) 229-5675

Contact: Brian Finneran; 

finneran.brian@deq.state.or.us

www.oregon.gov/DEQ/

DEQ and the EQC have 

authority to address this 

issue under OAR 340-

011-0046, 137-001-

0070, and ORS 468.020, 

468A.025, 468A.035 and 

468A.310

 

DEQ-DC1

DEQ to Propose Denial of PGE’s Petition 

to Amend Regional Haze Rules 

Recommended action

DEQ plans to recommend that the Oregon 

Environmental Quality Commission deny PGE’s 

petition to reduce the stringency of regional haze 

pollution controls for the PGE Boardman coalfueled electric generating plant as part of a 

proposal to close the plant by Dec. 31, 2020. 

While DEQ supports an early shut down, the 

agency is interested in exploring a range of 

options and then proposing a rule allowing for 

early closure. Accepting PGE’s petition would 

lock in only one approach as the starting point in 

the rule making.

DEQ plans to complete an evaluation of 

pollution control requirements consistent with an 

early shut down and all applicable federal 

requirements.

DEQ plans to recommend that the commission 

deny PGE’s petition at the June 17th commission 

meeting. 

DEQ and the commission are interested in 

hearing from the public and are opening a public 

comment period for written comments 

immediately until June 1. The commission will 

also hold a public hearing at its June 17 meeting 

and take oral comments. 

If the commission denies the petition, DEQ will 

propose revised regional haze rules for 

consideration at the commission’s meeting in 

December 2010 following a complete 

rulemaking process that would include 

stakeholder meetings, an advisory committee 

meeting, a public comment period, and one or 

more public hearings.

How to comment

Comments are invited on DEQ’s plan to 

recommend denial of PGE’s petition.

Public comments at this time should focus 

only on DEQ’s plan to recommend denial of

PGE’s petition. If the commission decides to 

accept the recommendation and initiate a 

rulemaking, DEQ will begin another public 

process to discuss and take comments on any 

rulemaking proposal.

Pursuant to OAR 137-001-0070(3), public 

comment is also invited on the regional haze 

pollution control rules applicable to the 

Boardman plant (OAR 340-223-0030 and 340-

223-0040), and on whether options exist for 

achieving the substantive goals of the rules in a 

way that reduces the negative economic impact 

on businesses. 

Comments may be submitted in writing via mail, 

fax or e-mail at any time prior to the comment 

deadline of 5:00 pm, June 1, 2010. Oral 

comments may be provided at the commission’s 

meeting on June 17, 2010. 

Written comments may be emailed to

PGErulepetition@deq.state.or.us, mailed or 

faxed to Brian Finneran, Oregon DEQ, Air 

Quality Division, 811 SW 6th Avenue, Portland, 

Oregon 97204, fax: (503) 229-5675, and phone 

(503) 229-6278, or toll-free in Oregon at 1-800-

452-4011.

DEQ sends an auto-acknowledgment for e-mail 

comments, which must be limited to 10 MB, 

including attachments. Contact DEQ staff you do 

not receive an automatic response, or the

comments and attachments exceed the limit. If 

there is a delay between servers, e-mails may not 

be received before the deadline.

Why might rule changes be needed?

PGE proposes to shut down the Boardman coalfired power plant by the end of 2020. The early 

shutdown date affects the pollution control 

requirements for the plant, and may allow for 

less stringent controls due to early shutdown. 

Federal law requires the commission to 

determine the pollution control requirements 

based upon a number of factors, including cost. 

A plant that operates longer can spread the cost 

of pollution controls over more years, and may 

be required to install certain controls, while the 

same controls might not be required for a plant 

that operates for fewer years.

Who may be affected?

PGE, persons who live and recreate in areas 

impacted by the coal-fired power plant, as well 

as PGE rate payers.

Why wasn’t early closure incorporated 

into the regional haze rules?

The commission received comments from PGE 

during the 2009 regional haze rulemaking 

requesting alternative pollution control 

Public Comment Invited
technology requirements based on early closure 

of the Boardman plant. The commission did not 

grant the request in the rules it adopted because 

PGE’s request did not include a complete 

pollution control analysis for early closure as 

required by federal law. The commission did, 

however, commit to take action on a future 

request by PGE to revise the rules based on an 

early shut down of the plant provided PGE 

submits a complete pollution control analysis.

On April 2, 2010, PGE submitted a petition to 

amend the regional haze rules based on early 

closure. PGE’s petition for revising the regional 

haze rules can be reviewed online or at DEQ’s 

office at 811 S.W. 6th Avenue, Portland, 

Oregon. See also DEQ’s website. Please contact 

Brian Finneran for times when the documents are 

available for review. 

Additional materials available

OAR 340-011-0046

OAR 137-001-0070

These Oregon Administrative Rules govern how 

the commission must respond to petitions to 

amend its administrative rules.

Public hearing on June 17

A public hearing will be held in Lakeview at the 

Environmental Quality Commission’s 

regularly scheduled meeting on June 17 in 

Lakeview, OR. The hearing will begin at 8:30 

a.m. with a brief overview of the proposed 

action, followed by the opportunity for members 

of the public to provide oral comment to the 

commission prior to the commission’s action on 

PGE’s petition and DEQ’s recommendations. 

Elk’s Lodge

323 N F St.

Lakeview, Oregon

For convenience, DEQ will have conference 

rooms available at its offices in Bend, Eugene, 

Medford, Portland and Pendleton equipped to 

allow the public to provide oral comments. 

People who wish to comment before the 

commission are encouraged to choose the nearest 

location:

Bend

Main Conference Room

475 NE Bellevue

Eugene 

Willamette Conference Room

165 East 7th Avenue, Suite 100

Medford

Main Conference Room

221 Stewart Avenue, Suite 201

Pendleton:

Main conference room

700 SE Emigrant, #330

Portland:

Conference room EQC A

10th Floor

811 SW 6th Avenue

The Dalles

DEQ office at

Columbia Gorge Community College

400 E Scenic Drive, Building 2

Written comment deadline: June 1, 2010

All written comments are due to DEQ by 5 p.m., 

June 1, 2010. DEQ cannot consider written 

comments from any party received after the 

deadline for public comment. Oral comments 

will be considered at the commission’s meeting 

on June 17, 2010.

How will the commission take action on 

the petition and DEQ’s 

recommendations?

DEQ will prepare a response to all comments 

received during the written comment period and 

may modify its proposed recommendations 

accordingly. DEQ plans to recommend that the 

commission deny PGE’s petition, but initiate a 

subsequent rulemaking to revise the regional 

haze rules and establish the proper level of 

pollution control requirements for the Boardman 

plant as part of an early shut down. The 

commission will take action on the petition and 

DEQ’s recommendations at the June 17, 2010 

meeting in Lakeview after the public hearing.

Accessibility information

DEQ is committed to accommodating people 

with disabilities. 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 Communications and Outreach at 

(503) 229-5696 or call toll-free in Oregon at 

(800) 452-4011; fax to (503) 229-6762; or e-mail 

deqinfo@deq.state.or.us.

People with hearing impairments may call 711.