345-022-0040 Protected Areas (1) To issue a site certificate, the Council must find: (a) The proposed facility will not be located within the boundaries of a protected area designated on or before the date the application for site certificate or request for amendment was determined to be complete under OAR 345-015-0190 or 345-027-0363; (b) The design, construction and operation of the facility, taking into account mitigation, are not likely to result in significant adverse impact to a protected area designated on or before the date the application for site certificate or request for amendment was determined to be complete under OAR 345-015-0190 or 345-027-0363. (2) Notwithstanding section (1)(a), the Council may issue a site certificate for: (a) A facility that includes a transmission line, natural gas pipeline, or water pipeline located in a protected area, if the Council determines that other reasonable alternative routes or sites have been studied and that the proposed route or site is likely to result in fewer adverse impacts to resources or interests protected by Council standards; or (b) Surface facilities related to an underground gas storage reservoir that have pipelines and injection, withdrawal or monitoring wells and individual wellhead equipment and pumps located in a protected area, if the Council determines that other alternative routes or sites have been studied and are unsuitable. (3) The provisions of section (1) do not apply to: (a) A transmission line routed within 500 feet of an existing utility right-of-way containing at least one transmission line with a voltage rating of 115 kilovolts or higher; or (b) A natural gas pipeline routed within 500 feet of an existing utility right of way containing at least one natural gas pipeline of 8 inches or greater diameter that is operated at a pressure of 125 psig. (4) The Council shall apply the version of this rule adopted under Administrative Order EFSC 1-2007, filed and effective May 15, 2007, to the review of any Application for Site Certificate or Request for Amendment that was determined to be complete under OAR 345-015-0190 or 345-027-0363 before the effective date of this rule. Nothing in this section waives the obligations of the certificate holder and Council to abide by local ordinances, state law, and other rules of the Council for the construction and operation of energy facilities in effect on the date the site certificate or amended site certificate is executed. (5) To assist the Council in determining whether the standard outlined in (1) through (4) has been met, the Applicant must submit information about the potential impacts of the proposed facility on protected areas in the analysis area, providing evidence to support a finding by the Council as required by this rule, including: (a) A list of all protected areas within the analysis area identifying: (A) The distance and direction of the protected area from the proposed facility (B) The basis for protection by reference to a specific subsection of OAR 345-001-0010(26); and (C) The name, mailing address, phone number, and email address of the land management agency or organization with jurisdiction over the protected area. (b) A map showing the location of the proposed facility in relation to the protected areas; (c) A description of significant potential impacts of the proposed facility, if any, on the protected areas including, but not limited to, potential impacts such as: (A) Noise resulting from facility construction or operation; (B) Increased traffic resulting from facility construction or operation; (C) Water use during facility construction or operation; (D) Wastewater disposal resulting from facility construction or operation; (E) Visual impacts of facility structures or plumes, including, but not limited to, changes in landscape character or quality; and (F) Visual impacts from air emissions resulting from facility construction or operation, including, but not limited to, impacts on Class 1 Areas as described in OAR 340-204-0050. (d) A materials analysis, including: (A) An inventory of substantial quantities of industrial materials flowing into and out of the proposed facility during construction and operation; (B) The applicant's plans to manage hazardous substances during construction and operation, including measures to prevent and contain spills; and (C) The applicant's plans to manage non-hazardous waste materials during construction and operation. Statutory/Other Authority: ORS 469.470 & 469.501 Statutes/Other Implemented: ORS 469.501 History: EFSC 2-2025, amend filed 04/02/2025, effective 04/02/2025 EFSC 5-2022, amend filed 12/19/2022, effective 12/19/2022 EFSC 1-2007, f. & cert. ef. 5-15-07 EFSC 1-2003, f. & cert. ef. 9-3-03 EFSC 1-2002, f. & cert. ef. 4-3-02 EFSC 2-2000, f. & cert. ef. 11-20-00 EFSC 2-1999, f. & cert. ef. 4-14-99 EFSC 3-1995, f. & cert. ef. 11-16-95 EFSC 5-1994, f. & cert. ef. 11-30-94 EFCS 2-1994, f. & cert. ef. 5-6-94 EFCS 1-1994, f. & cert. ef. 1-28-94 EFCS 5-1993(Temp), f. & cert. ef. 8-16-93 EFSC 1-1993, f. & cert. ef. 1-15-93, Renumbered from 345-079-0030, 345-080-0060, 345-100-0040, 345-111-0035, 345-115-0040 & 345-125-0070 EFSC 7-1986, f. & cert. ef. 9-18-86 EFSC 4-1986, f. & cert. ef. 9-5-86 EFSC 4-1982, f. & cert. ef. 5-3-82 EFSC 2-1981, f. & cert. ef. 1-19-81 EFSC 1-1981, f. & cert. ef. 1-19-81 EFSC 9-1980, f. & cert. ef. 12-22-80 EFSC 6-1980, f. & cert. ef. 8-26-80 EFSC 1-1980, f. & cert. ef. 2-28-80