April 7, 2011

Mr. Keith Rose (R10-Public_Comments@epa.gov)

EPA Region 10

Office of Air, Waste and Toxics

AWT-107

1200 Sixth Ave, Suite 900

Seattle, WA 98101

Re: Comments on Proposed Approval of Oregon Regional Haze State 

Implementation Plan

Dear Mr. Rose,

The Citizens’ Utility Board of Oregon (CUB) recommends that EPA approve 

Oregon’s Regional Haze State Implementation Plan (“RH SIP”) as published in the 

March 8, 2011 Federal Register. 

While the SIP applies to a number of facilities in the State, the largest impact is 

on the Boardman coal-fired power plant. The Best Available Retrofit Technology 

(BART) rules approved by the DEQ are the product of several years of work and are also 

the product of a collaborative process involving state agencies, environmental 

organizations, consumer groups, local governments, and other stakeholders. The rules

require significant reductions in air pollution, while allowing Oregon to pursue important 

state policies targeted towards reducing carbon emissions, and keeping electric rates

affordable. 

CUB was established under Oregon law to represent the interests of residential 

utility customers “before legislative, administrative and judicial bodies.”1 While utility 

customers worry a great deal about the price of energy, in Oregon they also are concerned 

about the environmental consequences of energy production. Few Oregonians would 

argue against requiring that our utility companies comply with the Federal Clean Air Act, 

even though, in most circumstances, those costs will be added to their energy bills.

CUB has spent a great deal of time evaluating various options for Boardman and 

we believe that DEQ has achieved a remarkable result with its rules. The rules allow for 

cost effective pollution controls which will reduce air pollution generated by the facility, 

including air pollutants which contribute to haze in Class 1 areas. But the rules also 

require the plant to be shut down by December 31, 2020. While we recognize that under 

the BART rules, a plant shut down is not considered a control technology, we also 

 

1 ORS 774.020 and ORS 774.030

Citizens’ Utility Board of Oregon

610 SW Broadway, Suite 400

Portland, OR 97205

(503) 227-1984 ▪ (503) 274-2956 ▪ cub@oregoncub.org ▪ www.oregoncub.org
recognize that a plant shut down will go well beyond BART requirements for air 

pollution reduction. Just as importantly a plant shut down allows the State of Oregon to 

move forward with its goals to reduce carbon emissions statewide and will protect utility 

customers from the costs and risks that will be associated with carbon regulation.

Oregon DEQ should be commended for its achievement. While the SIP rule will 

add significant new pollution control costs to the bills of utility ratepayers, DEQ has 

worked hard to try to ensure that this rule is cost effective. This is critical, because a rule 

that added additional costs would make it difficult for the utility to recover its clean air 

investment without creating significant harm to customers or running the plant 

indefinitely into the future. Neither of which is a good outcome for customers or the 

environment.

As a regulated electric utility, PGE is different than other companies. It provides 

an essential service and its rates are set by a state agency, the Public Utility Commission 

of Oregon (OPUC). The OPUC requires utilities to prove that investments are Least 

Cost/Least Risk for customers. CUB has spent a great deal of time over the last two 

years, working with DEQ and OPUC to ensure that the plan being developed could 

indeed meet both the pollution reduction requirements of BART and the Least Cost/Least 

Risk Planning requirement of the OPUC.2 The key to this was reducing the operating life 

of the plant, which reduced the pollution reduction investments that DEQ would find cost 

effective and reduced the carbon regulatory risks that the OPUC associates with future 

coal-fired generation. 

Finally, CUB recognizes that phasing out a large, modern, baseload power plant, 

which is the utility’s single largest resource, is a difficult choice to make. In spite of 

what scientists tell us is required to respond to climate change, few utilities are actually 

moving to close modern coal plants. It is a difficult step for utility managers, utility 

regulators and customer advocates. Building a consensus among stakeholder groups in 

Oregon was not easy. But it has been achieved. Customers, regulators,

environmentalists, labor, and government officials have all embraced this plan and 

committed to working to achieve Boardman’s closure by December 31, 2020.

Quite frankly, it is a result that makes me proud to be an Oregonian. We urge 

EPA to support our efforts by approving the Oregon SIP.

Respectfully submitted,

Bob Jenks

Executive Director

 

2 OAR 860-027-0400