reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 272 - THIRD PARTY VERIFICATION › Section 340-272-0420 - Site Visits

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Verification
			 services must include site visit(s) that meet the requirements of this
			 rule.
(2) Site visit(s) conducted
			 as part of verification services for verification of CFP reports and fuel
			 pathway applications submitted under OAR chapter 340, division 253 must meet
			 the requirements of this section:
(a) Site
			 visits must occur after all data and CFP reports for the previous calendar year
			 have been attested to and submitted to DEQ, except that a site visit may be
			 conducted as part of a quarterly review if:
(A) No aspects of the data management systems
			 or accounting practices change following the site visit; and
(B) There are no significant changes to the
			 fuel production process or facility when the verification is for an annual fuel
			 pathway report;
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 272 - THIRD PARTY VERIFICATION › Section 340-272-0425 - Sampling Plan

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Verification
			 services must include the development of a sampling plan that meets the
			 requirements of this rule.
(2) All
			 sampling plans must meet the following requirements:
(a) The sampling plan must be developed based
			 on a strategic analysis developed from document reviews and interviews to
			 assess the likely nature, scale, and complexity of the verification services
			 for a responsible entity and type of report or fuel pathway application. The
			 analysis must review the inputs for the development of the submitted report(s)
			 and fuel pathway application(s), the rigor and appropriateness of data
			 management systems, and the coordination within the responsible entity's
			 organization to manage the operation and maintenance of equipment and systems
			 used to develop submitted report(s) and fuel pathway application(s);
(b) The sampling plan must be revised to
			 describe tasks completed as information becomes available and potential issues
			 emerge with material misstatement or nonconformance; and
(c) The sampling plan must be retained
			 according to the recordkeeping requirements of OAR 340-272-0300(3)(d). The
			 sampling plan must be made available to DEQ upon request.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 272 - THIRD PARTY VERIFICATION › Section 340-272-0430 - Data Checks

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Verification
			 services must include data checks that meet the requirements of this
			 rule.
(2) All data checks must meet
			 the following requirements:
(a) Data checks
			 must be used to determine the reliability of the submitted report or fuel
			 pathway application and to ensure that the appropriate methodologies and
			 emissions factors have been applied as required under OAR chapter 340, division
			 253 or OAR chapter 340, division 215, as applicable;
(b) Data checks must be chosen to ensure the
			 accuracy of data submitted in the report or fuel pathway application;
(c) The verification team must use
			 professional judgment in establishing the extent of data checks required in
			 order to conclude with reasonable assurance whether each data type or reported
			 emissions quantity in the report or fuel pathway application is free of
			 material misstatement;
(d) Data
			 checks must be used to ensure that there is reasonable assurance that the
			 report or fuel pathway application conforms to the requirements of OAR chapter
			 340, division 253 or OAR chapter 340, division 215, as applicable;
			 and
(e) Results calculated by the
			 verification team must be compared with the data in the report or fuel pathway
			 application in order to confirm the extent and impact of any omissions and
			 errors. Any discrepancies must be investigated.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 272 - THIRD PARTY VERIFICATION › Section 340-272-0435 - Documentation of Differences and Modifications to Reports and Fuel Pathway Applications

Current through Register Vol. 63, No. 7, July 1, 2024
(1) While
			 conducting verification services and data checks, the verification team must:
(a) Determine correctable errors using
			 professional judgment, including whether differences are not errors but result
			 from truncation, rounding, or averaging; and
(b) Document the source of any difference
			 identified, including whether the difference results in a correctable error or
			 whether the difference does not require further investigation because it is the
			 result of truncation, rounding, or averaging.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 272 - THIRD PARTY VERIFICATION › Section 340-272-0440 - Findings

Current through Register Vol. 63, No. 7, July 1, 2024
(1) To verify that
			 the report or fuel pathway application is free of material misstatements, the
			 verification team must make its own determination of emissions for checked
			 sources or make its own calculation of specified data types reported by
			 substituting the checked data from OAR 340-272-0430, and, as applicable:
(a) The verification team must determine
			 whether there is reasonable assurance that the CFP report or fuel pathway
			 application submitted under OAR chapter 340, division 253 does not contain a
			 material misstatement as calculated according to OAR 340-272-0450  or OAR
			 340-272-0455, as applicable; or
(b)
			 The verification team must determine whether there is reasonable assurance that
			 the GHG Reporting Program emissions data report submitted under OAR chapter
			 340, division 215 does not contain a material misstatement in emissions as
			 calculated according to OAR 340-272-0460.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 272 - THIRD PARTY VERIFICATION › Section 340-272-0445 - Log of Issues

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Ther
			 verification team must keep a log that documents any issues identified in the
			 course of verification that may affect determinations of material misstatement
			 and nonconformance, whether identified by the verification team, by the
			 responsible entity regarding the original or subsequent submitted reports, or
			 by DEQ. The log of issues must contain the following:
(a) Identification of the regulatory section
			 related to the material misstatement, nonconformance, or potential
			 nonconformance, if applicable, and indication if the issues were corrected by
			 the responsible entity before completing the verification services;
(b) Documentation of any other concerns with
			 the preparation of the report or fuel pathway application, which must also be
			 communicated to the responsible entity during the course of verification
			 services; and
(c) Indication of
			 whether each issue has a potential bearing on material misstatement,
			 nonconformance, or both, and whether an adverse verification statement may
			 result if not addressed.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 272 - THIRD PARTY VERIFICATION › Section 340-272-0455 - Material Misstatement Assessments for CFP Project Reports Submitted under OAR Chapter 340, Division 253

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 The verification team must conduct separate assessments of material
			 misstatement of project data for each CFP project report submitted under OAR
			 chapter 340, division 253. The assessments of material misstatement of project
			 data must meet all of the requirements of this rule.
(2) Material misstatement of project data
			 includes any discrepancy as described in subsection (a) of this section,
			 omission as described in subsection (b) of this section, or misreporting as
			 described in subsection (c) of this section, or aggregation of the three,
			 identified in the course of verification services that leads a verification
			 team to believe that the project report contains one or more errors that,
			 individually or collectively, result in an overstatement greater than five
			 percent of the responsible entity's reported emissions reductions.
(a) Discrepancies include any differences
			 between the reported emissions reductions and the verifier's calculated value
			 based on data checks under OAR 340-272-0430.
(b) Omissions include any emissions,
			 excluding any emissions reductions, the verifier concludes must be part of a
			 project report, but were not included.
(c) Misreporting includes duplicate,
			 incomplete, or other emissions or emissions reductions data the verifier
			 concludes should or should not be part of a project report.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 272 - THIRD PARTY VERIFICATION › Section 340-272-0460 - Material Misstatement Assessments for Emissions Data Submitted under OAR Chapter 340, Division 215

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 verification team must conduct separate assessments for material misstatement
			 of total reported emissions for each emissions data report submitted under OAR
			 chapter 340, division 215. The assessments of material misstatement of
			 emissions data must meet all of the requirements of this rule.
(2) Material misstatement of emissions data
			 includes any discrepancy as described in subsection
(a) of this section, omission as described in
			 subsection (b) of this section, or misreporting as described in subsection (c)
			 of this section, or aggregation of the three, identified in the course of
			 verification services that leads a verification team to believe that the total
			 reported emissions (metric tons of CO2e) in a GHG Reporting Program emissions
			 data report contains errors greater than five percent.
(a) Discrepancies include any differences
			 between the reported emissions and the verifier's review of emissions for a
			 data source subject to data checks under OAR 340-272-0430.
(b) Omissions include any emissions the
			 verifier concludes must be part of an emissions data report, but were not
			 included.
(c) Misreporting includes
			 duplicate, incomplete, or other emissions the verifier concludes should or
			 should not be part of an emissions data report.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 272 - THIRD PARTY VERIFICATION › Section 340-272-0465 - Review of Missing Data Substitution

Current through Register Vol. 63, No. 7, July 1, 2024
(1) If a source selected for a data check was
			 affected by a loss of data used for the reported data in the report or fuel
			 pathway application, then the verification team must confirm that the reported
			 data or reported emissions for that source were calculated:
(a) Using any missing data procedures as
			 required under OAR chapter 340, division 215 or OAR chapter 340, division 253,
			 as applicable; and
(b) That a
			 reasonable temporary data collection procedure was used for the source;
			 or
(c) That DEQ approved an
			 alternative method.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 272 - THIRD PARTY VERIFICATION › Section 340-272-0470 - Review of Operations and Emissions for Emissions Data Reports Submitted under OAR Chapter 340, Division 215

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Verification services for verification of GHG Reporting Program emissions data
			 reports submitted under OAR chapter 340, division 215 must include review that
			 meets all of the requirements of this rule.
(2) Facility operations must be reviewed to
			 identify applicable greenhouse gas emissions sources, and the review must:
(a) Be conducted by the verification
			 team;
(b) Include a review of the
			 emissions inventory and each type of emissions source to ensure that all
			 sources specified under OAR 340-215-0030  are included in the emissions data
			 report, as applicable; and
(c)
			 Review the reported current primary and any secondary (if reported) NAICS codes
			 to ensure they accurately represent the NAICS-associated activities for the
			 facility. The review of these NAICS codes and associated activities must be
			 documented in the sampling plan. If the reported NAICS code(s) is determined to
			 be inaccurate and the responsible entity does not submit a revised emissions
			 data report to correct the current NAICS code(s), the result will be an adverse
			 verification statement.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 272 - THIRD PARTY VERIFICATION › Section 340-272-0495 - Independent Review and Completion of Verification Services

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Verification
			 statement. The verification body must complete a verification statement(s) upon
			 completion of verification services, provide its statement to the responsible
			 entity, and submit its statement to DEQ by the applicable verification deadline
			 specified under OAR 340-272-0100(3). Each positive, qualified positive, or
			 adverse verification statement must describe the findings of the verification;
			 and
(a) For every qualified positive
			 verification statement, the verification body must explain the nonconformances
			 contained within the report or fuel pathway application and cite the
			 sections(s) in OAR chapter 340, division 215, or OAR chapter 340, division 253,
			 as applicable, that corresponds to the nonconformance and why the
			 nonconformances do not result in a material misstatement; and
(b) For every adverse verification statement,
			 the verification body must explain all nonconformances or material
			 misstatements leading to the adverse verification statement and cite the
			 sections(s) in OAR chapter 340, division 215, or OAR chapter 340, division 253,
			 as applicable, that corresponds to the nonconformance(s) and material
			 misstatement(s).
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 300 - FUEL TANK SEISMIC STABILITY › Section 340-300-0000 - Context

Current through Register Vol. 63, No. 7, July 1, 2024
(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 emergency response capabilities.
(2) The 2022 Oregon legislature adopted
			 Senate Bill 1567 enacted as chapter 99 of Oregon Laws 2022. The law authorizes
			 the Environmental Quality Commissions to adopt requirements for Seismic
			 Vulnerability Assessments and the Risk Mitigation Implementation Plans for
			 large capacity bulk fuels terminals in Columbia, Lane and Multnomah
			 counties.
Statutory/Other Authority: ORS
				  468.020 & SB 1567
				  (2022)
Statutes/Other Implemented: SB 1567
				  (2022)
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 300 - FUEL TANK SEISMIC STABILITY › Section 340-300-0001 - Purpose and Applicability

Current through Register Vol. 63, No. 7, July 1, 2024
(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 Assessments, including vulnerability to
			 shaking associated with the Cascadia Subduction Zone and other earthquake
			 sources and related post-earthquake secondary effects, performed by the
			 facilities and submitted to DEQ for review and approval.
(b) The process and criteria for development
			 of Risk Mitigation Implementation Plans to minimize risk to people and
			 environment and to be prepared by facilities and submitted to DEQ for review
			 and approval.
(c) Fees for Seismic
			 Vulnerability Assessment reviews.
(d) Fees for Risk Mitigation Implementation
			 Plan reviews.
(e) The process,
			 criteria, and schedule for Risk Mitigation Implementation Plans
			 implementation.
(f) Fees for
			 ongoing implementation compliance.
(g) Reporting requirements.
(h) Enforcement provisions.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 300 - FUEL TANK SEISMIC STABILITY › Section 340-300-0002 - Definitions and Acronyms as used in this Division

Current through Register Vol. 63, No. 7, July 1, 2024
(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 manager, on-site team leader, structural inspection
			 professional, structural engineer, electrical inspection and design
			 professional, mechanical inspection and design professional, fire inspection
			 and design professional; corrosion specialist, cathodic protection specialist,
			 geotechnical engineer, and any other specialists needed.
(4) "Codes and Standards" means the adopted
			 codes by State of Oregon Building Codes Division in effect on September 1, 2023
			 and their mandated standards, performance objectives and performance criteria
			 for seismic design, evaluation and retrofit including but not limited to the
			 following:
(a) For seismic design criteria
			 ASCE 7;
(b) For existing building
			 structures ASCE 41;
(c) For any
			 building structures Oregon Structural Specialty Code and ASCE 7;
(d) For tanks ASCE 7 and reference standard
			 for seismic criteria such as API 650 and API 653;
(e) For piping and piping racks ASCE
			 7;
(f) For secondary containment
			 structures ASCE 7;
(g) For piers,
			 wharves and other waterfront structures ASCE 61;
(h) Other applicable standards.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 300 - FUEL TANK SEISMIC STABILITY › Section 340-300-0003 - Seismic Vulnerability Assessment Requirements and Timeline

Current through Register Vol. 63, No. 7, July 1, 2024
(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 qualified professionals;
(b) Evaluate the ability of the facility to
			 achieve the performance objective;
(c) Describe each facility component included
			 in 340-300-0003(1)(f)(A)  in terms of construction, age, inspection and
			 maintenance and operations;
(d)
			 Summarize currently implemented spill prevention and mitigation measures and
			 their ability to achieve the performance objective defined in
			 340-300-0002;
(e) Develop the
			 Design Level Earthquake for the site in accordance with ASCE 7.
(f) Use the Codes and Standards as defined by
			 OAR 340-300-0002(4)  and the Design Level Earthquake determined using ASCE 7 to
			 evaluate the potential for a spill greater than the Maximum Allowable
			 Uncontained Spill during or after the Design Level Earthquake of all components
			 including:
(A) Existing buildings, structures,
			 and ancillary components;
(B)
			 Tanks, pipes and piping systems;
(C) Spill containment measure and
			 structures;
(D) Transloading
			 facilities, including wharves, piers, moorings and retaining
			 structures;
(E) Loading
			 racks;
(F) Control equipment;
			 and
(G) Any other structures
			 related to or supporting facilities that constitute the bulk fuel
			 terminal.
(g) Evaluate
			 soil's vulnerability to liquefaction, lateral spreading and seismic-induced
			 settlement;
(h) Evaluate the safety
			 of operating conditions, safe shutdown procedures, potential spills;
(i) Evaluate the availability and integrity
			 of automated sprinkler systems and sufficient supplies of firefighting foam and
			 other emergency response equipment located in seismically resilient locations
			 that will be accessible after an earthquake or secondary effects to mitigate
			 the risk of fire and explosions following an earthquake;
(j) Evaluate the integrity of fire control
			 measures such as firewalls surrounding facility to limit fire spreading into
			 surrounding communities; and
(k)
			 Evaluate the availability of day and night onsite personnel trained in
			 emergency response and able to respond in the event of an earthquake.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 300 - FUEL TANK SEISMIC STABILITY › Section 340-300-0004 - Risk Mitigation Implementation Plan Requirements, Timeline and Approval Criteria

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 Risk Mitigation Implementation Plan must propose risk mitigation measures to
			 address vulnerabilities identified in the Seismic Vulnerability Assessment to
			 protect public health, life safety and environment. The measures must include
			 but are not limited to:
(a) Retrofits,
			 replacement, updates, reconstruction, removal, relocation or other mitigation
			 measures intended to comply with the Codes and Standards as defined by OAR
			 340-300-0002(2)  to achieve the performance objective and meet the
			 specifications of OAR 340-300-0003  to reduce the expected spill as a result of
			 the Design Level Earthquake to below Maximum Allowable Spill. Meeting the
			 requirements of Risk Category IV design of new structures satisfies the intent
			 of this rule.
(b) Measure improving
			 facility structural integrity;
(c)
			 Measures to prevent anticipated exposures to hazardous materials releases and
			 proposed measures to prevent those exposures;
(d) Measures to mitigate effects on surface
			 water, ground water, and air;
(e)
			 Training and response exercises including applicable provisions in 340-141-0200  or the EPA Spill Prevention, Control, and Countermeasure requirements to
			 employees and education and information to surrounding communities that promote
			 awareness and equity.
(f)
			 Additional provisions for resilience to ground shaking caused by earthquake and
			 secondary effect hazards at the facility location.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 300 - FUEL TANK SEISMIC STABILITY › Section 340-300-0005 - Reporting Requirements and Inspections

Current through Register Vol. 63, No. 7, July 1, 2024
(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 Mitigation Implementation Plan and include the
			 description of:
(a) The implementation work
			 that has been completed;
(b) The
			 plan for the work that will follow;
(c) The summary of the implementation
			 schedule;
(d) A list of action
			 items;
(e) Any risks to the
			 implementation timeline and how those risks are being mitigated;
(f) Facility status update if any magnitude 5
			 or higher earthquakes have occurred.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 300 - FUEL TANK SEISMIC STABILITY › Section 340-300-0006 - Program Administration and Compliance Fees

Current through Register Vol. 63, No. 7, July 1, 2024
(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 assessments is submitted.
(2) A facility owner or operator must pay a
			 Risk Mitigation Implementation Plan Submittal Fee of $36,000. The fee must
			 accompany submittal of a Risk Mitigation Implementation Plan.
(3) A facility owner or operator must pay an
			 Annual Compliance Fee by June 1 of each calendar year until the implementation
			 of all risk minimization measures proposed in the Risk Mitigation
			 Implementation Plan is completed and approved by DEQ. The Annual Compliance Fee
			 structure is as follows:
(a) Year one Annual
			 Compliance Fee of $23,000.
(b) Year
			 two and consequent years Annual Compliance Fee will not exceed
			 $50,000.
(c) DEQ may reduce the
			 Annual Compliance Fee in year two or in subsequent years if DEQ determines that
			 the entire fee is not necessary to fund program costs.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 300 - FUEL TANK SEISMIC STABILITY › Section 340-300-0007 - DEQ Review and Approval of Seismic Vulnerability Assessments and Risk Mitigation Implementation Plans

Current through Register Vol. 63, No. 7, July 1, 2024
(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 and these rules.
(2) The
			 DEQ will approve Risk Mitigation Implementation Plan if the plan submitted
			 under OAR 340-300-0004  meets the requirements of Chapter 99 of Oregon Law 2022
			 and these rules and when implemented will minimize the risk to the human health
			 and safety and the environment in the event of ground shaking and secondary
			 effects.
(3) Before DEQ approves a
			 Seismic Vulnerability Assessment or a Risk Mitigation Implementation Plan
			 required under these rules, DEQ may provide a copy of the mitigation plan to
			 the Department of Geology and Mineral Industries, the office of the State Fire
			 Marshal, the Oregon Department of Energy and the local government jurisdictions
			 for review.
(4) Before approving a
			 Risk Mitigation Implementation Plan, DEQ will provide a public notice and
			 initiate a public comment period as follows:
(a) DEQ will announce the public notice
			 through the Fuel Tank Seismic Stability GovDelivery mailing system.
(b) DEQ will hold a public comment period
			 open for 30 calendar days. This period may be extended at DEQ's discretion. DEQ
			 will review public comments and may request changes to the Risk Mitigation
			 Implementation Plans prior to approval as determined appropriate by
			 DEQ.
(c) DEQ will post all Risk
			 Mitigation Implementation Plans barring any confidential business information
			 on DEQ's website by the time of public notice.
Oregon Administrative Rules › Chapter 345 - DEPARTMENT OF ENERGY, ENERGY FACILITY SITING COUNCIL › Division 1 - GENERAL PROVISIONS › Section 345-001-0000 - Notice of Permanent Rulemaking

Current through Register Vol. 63, No. 7, July 1, 2024
(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 rule;
(b) By sending a copy of the notice by mail
			 or email to persons on the Council's mailing list established under ORS
			 183.335(8)
			 at least 28 days before the effective date of the rule;
(c) By sending a copy of the notice by email
			 to the legislators specified in ORS
			 183.335(15)
			 at least 49 days before the effective date of the rule; and
(d) By sending a copy of the notice by mail,
			 email, or hand delivery to the Associated Press and the Capitol Press
			 Room.
Oregon Administrative Rules › Chapter 345 - DEPARTMENT OF ENERGY, ENERGY FACILITY SITING COUNCIL › Division 1 - GENERAL PROVISIONS › Section 345-001-0005 - Uniform and Model Rules

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Except as described in this rule, the Council adopts and incorporates by
			 reference in this chapter the following rules from the Attorney General's
			 Uniform and Model Rules (July 2014): OAR 137-001-0005  through 137-001-0100,
			 137-002-0010  through 137-002-0060, 137-003-0001  through 137-003-0092, and
			 137-005-0010  through 137-005-0070.
(2) Notwithstanding the provisions of OAR
			 137-003-0055(1), following the issuance of notice of a contested case, the
			 Department of Energy shall enter into the record the substance of any
			 significant contact between a Council member and any Department staff from that
			 point forward, concerning facts in the record.
(3) In any conflict between the model rules
			 and Council rules, the Council shall apply its own rules.
Stat. Auth.: ORS
				  469.470
Stats. Implemented: ORS
				  469.490
Oregon Administrative Rules › Chapter 345 - DEPARTMENT OF ENERGY, ENERGY FACILITY SITING COUNCIL › Division 1 - GENERAL PROVISIONS › Section 345-001-0020 - Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
(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
			 disposal of radioactive waste and uranium mine overburden. These rules are to
			 ensure that the siting, construction, operation and retirement of energy
			 facilities and disposal facilities and the transport of radioactive materials
			 are done consistent with protection of the public health and safety and in
			 compliance with the energy policy and air, water, solid waste, land use and
			 other environmental protection policies of Oregon.
(2) Except as indicated otherwise, the
			 Council shall use the rules of this chapter to determine whether to grant or
			 deny a site certificate and, if the Council grants a site certificate for a
			 facility, to oversee the construction, operation and retirement of the
			 facility. The Council shall use the rules of this chapter in proceedings for
			 amendment, suspension, revocation, transfer or termination of a site
			 certificate.
(3) When the Council
			 deems appropriate, it may adopt additional rules on matters within its
			 jurisdiction. The Council shall adopt any additional rules relating to site
			 certificates sufficiently in advance of the close of testimony in a contested
			 case proceeding on a site certificate to allow parties to address the rule, or
			 if after the close of testimony, in sufficient time to allow the parties an
			 opportunity to supplement their testimony to offer evidence relating to the new
			 rule.
Stat. Auth.: ORS
				  469.470,
				  469.556,
				  469.559 &
				  469.607
Stats. Implemented: ORS
				  469.310,
				  469.374,
				  469.401,
				  469.501,
				  469.525 &
				  469.603-615
Oregon Administrative Rules › Chapter 345 - DEPARTMENT OF ENERGY, ENERGY FACILITY SITING COUNCIL › Division 1 - GENERAL PROVISIONS › Section 345-001-0030 - Applicability

Current through Register Vol. 63, No. 7, July 1, 2024
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.
Stat. Auth.: ORS
				  469.470
Stats. Implemented: ORS
				  469.310 &
				  469.320
Oregon Administrative Rules › Chapter 345 - DEPARTMENT OF ENERGY, ENERGY FACILITY SITING COUNCIL › Division 1 - GENERAL PROVISIONS › Section 345-001-0035 - Electric and Magnetic Field Committee

Current through Register Vol. 63, No. 7, July 1, 2024
(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 dates and agendas to the committee.
(2) The committee shall monitor information
			 available and being developed on the health effects of exposure to low
			 frequency electric and magnetic fields and report the committee's findings
			 periodically to the Council. The Council shall report the findings of the
			 committee to the Legislative Assembly.
Stat. Auth.: ORS
				  469.470
Stats. Implemented: ORS
				  469.480
Oregon Administrative Rules › Chapter 345 - DEPARTMENT OF ENERGY, ENERGY FACILITY SITING COUNCIL › Division 1 - GENERAL PROVISIONS › Section 345-001-0050 - Public Records Availability and Fees for Copying

Current through Register Vol. 63, No. 7, July 1, 2024
(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 has determined to be exempt or conditionally exempt from
			 disclosure in accordance with ORS Chapter 192. Except as protected under ORS
			 357.875, any permanent record of
			 the Council kept by the State Archivist can be inspected at the State Archive
			 building, subject to applicable rules of the Secretary of State, Archives
			 Division.
(2) To inspect Council
			 records a person shall submit to the Department a written request containing
			 the following information:
(a) Name, address,
			 e-mail address and telephone number of the person requesting the
			 record.
(b) A specific description
			 of the record requested.
Oregon Administrative Rules › Chapter 345 - DEPARTMENT OF ENERGY, ENERGY FACILITY SITING COUNCIL › Division 1 - GENERAL PROVISIONS › Section 345-001-0060 - Council Representation at Contested Case Hearings

Current through Register Vol. 63, No. 7, July 1, 2024
(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 which the Attorney General or the Deputy Attorney
			 General has given written consent to the Council member or to the officer or
			 employee of the Department pursuant to ORS
			 183.450(7) to
			 represent the Council. Before each contested case hearing in which the Council
			 wishes to appear by a member or by an officer or employee of the Department,
			 the Council shall request written consent from the Attorney General or the
			 Deputy Attorney General for the designated representative to appear on behalf
			 of the Council. The Department and the Department of Justice shall maintain a
			 copy of the list of contested case hearings for which the Attorney General or
			 the Deputy Attorney General has given such consent.
(2) Legal argument as used in this rule has
			 the same meaning as in OAR 137-003-0008(1)(c) and (d).
Stat. Auth.: ORS
				  469.470
Stats. Implemented: ORS
				  183.450(8)
				  & 469
Oregon Administrative Rules › Chapter 345 - DEPARTMENT OF ENERGY, ENERGY FACILITY SITING COUNCIL › Division 1 - GENERAL PROVISIONS › Section 345-001-0080 - Reconsideration and Rehearing - Orders in Other than Contested Cases

Current through Register Vol. 63, No. 7, July 1, 2024
(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 the date of the order. A person
			 seeking reconsideration or rehearing shall deliver or mail a copy of the
			 petition to all other persons and agencies required by statute or rule to be
			 notified.
(2) The petitioner shall
			 set forth the specified grounds for reconsideration. The petitioner may support
			 the petition by a written argument.
(3) The petitioner may include a request for
			 a stay of a final order if the petition complies with the requirements of OAR
			 137-003-0090(2).
(4) The Council
			 may grant or deny a petition by summary order, and, if the Council does not
			 take action, the petition is deemed denied as provided by ORS
			 183.484(2).
(5) Any Council member may move for
			 reconsideration of a final order in other than a contested case within 60 days
			 after the date of the order. The Council shall grant reconsideration if
			 approved by a majority of the Council. The procedural and substantive effect of
			 granting reconsideration under this section is identical to the effect of
			 granting a party's petition for reconsideration.
(6) The Council shall not grant
			 reconsideration after the filing of a petition for judicial review unless
			 permitted by the court.
(7) A final
			 order remains in effect during reconsideration until stayed or
			 changed.
(8) At the conclusion of a
			 reconsideration, the Council shall enter a new order, which may be an order
			 affirming the existing order.
Stat. Auth.: ORS
				  469.470
Stats. Implemented: ORS
				  469.403
Oregon Administrative Rules › Chapter 345 - DEPARTMENT OF ENERGY, ENERGY FACILITY SITING COUNCIL › Division 1 - GENERAL PROVISIONS › Section 345-001-0200 - Creation of an Energy Generation Area

Current through Register Vol. 63, No. 7, July 1, 2024
(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 defined in OAR 345-001-0210, are likely to accumulate so
			 the small generating plants have effects of a magnitude similar to a single
			 generating plant with an average electric generating capacity of 35 megawatts
			 or more;
(b) The Council finds that
			 creation of an energy generation area is in the public interest; and
(c) The Council finds that energy resource,
			 environmental, social, economic, public health or safety justification exists
			 to create the energy generation area.
Oregon Administrative Rules › Chapter 345 - DEPARTMENT OF ENERGY, ENERGY FACILITY SITING COUNCIL › Division 1 - GENERAL PROVISIONS › Section 345-001-0210 - Effect of an Energy Generation Area

Current through Register Vol. 63, No. 7, July 1, 2024
(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 capacity of more than 3 megawatts and a combined average electric
			 generating capacity of less than 35 megawatts;
(B) Are connected to a common switching
			 station or are constructed maintained or operated as a contiguous group of
			 devices; and
(C) Are owned by a
			 single person or entity or subsidiaries of a single entity;
(c) "Accumulated effects" means
			 the effects of a proposed small generating plant or proposed expansion to a
			 small generating plant combined with the effects of all existing small
			 generating plants using the same energy resource within the energy generation
			 area. "Accumulated effects" includes the effects of all related or supporting
			 facilities;
(d) Expansion of a
			 small generating plant includes any enlargement of the site and any increase in
			 the small generating plant's nominal electric generating capacity;
(e) Construction of a small generating plant
			 includes the creation of a small generating plant by constructing one or more
			 new electric power generating devices or otherwise adding to the nominal
			 electric generating capacity of one or more existing electric power generating
			 devices that have a combined nominal electric generating capacity of 3
			 megawatts or less.
Oregon Administrative Rules › Chapter 345 - DEPARTMENT OF ENERGY, ENERGY FACILITY SITING COUNCIL › Division 1 - GENERAL PROVISIONS › Section 345-001-0220 - Energy Generation Areas

Current through Register Vol. 63, No. 7, July 1, 2024
The Council may designate geothermal, solar or wind energy
				generation areas by rule.
Stat. Auth.: ORS
				  469.470
Stats. Implemented: ORS
				  469.300 &
				  469.320
Oregon Administrative Rules › Chapter 345 - DEPARTMENT OF ENERGY, ENERGY FACILITY SITING COUNCIL › Division 1 - GENERAL PROVISIONS › Section 345-001-0250 - Solar Photovoltaic Power Generation Facilities

Current through Register Vol. 63, No. 7, July 1, 2024
(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 must find that the preponderance of the
			 evidence on the record of a declaratory ruling issued under this rule, or other
			 proceeding before the council, supports such a conclusion. In making findings
			 under this section, the Council may consider factors including, but not limited
			 to:
(a) The permitting or operational status
			 of the existing or proposed solar photovoltaic power generation
			 facility;
(b) Whether or not
			 operational and financing decisions for the proposed project would be made
			 independently from the existing or proposed solar photovoltaic power generation
			 facility;
(c) Whether or not the
			 output of the proposed project and the proposed or existing solar photovoltaic
			 power generation facility would be sold under separate power purchase
			 agreements; and
(d) Whether or not
			 the output of the project and the proposed or existing solar photovoltaic power
			 generation facility would be transmitted under separate interconnection
			 agreements.
Oregon Administrative Rules › Chapter 345 - DEPARTMENT OF ENERGY, ENERGY FACILITY SITING COUNCIL › Division 11 - COUNCIL MEETINGS AND COMMUNICATIONS › Section 345-011-0000 - Authority and Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
The purpose of the rules in this division is to provide
				procedures for the orderly conduct of meetings of the
				Council.
Stat. Auth.: ORS 183 & ORS
				  469.470
Stats. Implemented: ORS 192 & ORS
				  469.460
Oregon Administrative Rules › Chapter 345 - DEPARTMENT OF ENERGY, ENERGY FACILITY SITING COUNCIL › Division 11 - COUNCIL MEETINGS AND COMMUNICATIONS › Section 345-011-0005 - Quorum and Rules of Order

Current through Register Vol. 63, No. 7, July 1, 2024
(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 present at a meeting must concur for the Council to act on any
			 matter before it; however, in accordance with ORS
			 469.370(7),
			 a Council decision to approve or reject an application for a site certificate
			 requires the affirmative vote of at least four members.
(3) The Council shall not vote on any
			 proposed Council action unless a Council member has moved, and another Council
			 member has seconded, the proposed action.
(4) For all Council actions that result in a
			 written order or administrative rule, the Council's action authorizes the
			 Department of Energy to make scrivener's corrections in the written order or
			 administrative rule.
Statutory/Other Authority: ORS
				  469.470
Statutes/Other Implemented: ORS
				  174.130,
				  469.370  & 469.460
Oregon Administrative Rules › Chapter 345 - DEPARTMENT OF ENERGY, ENERGY FACILITY SITING COUNCIL › Division 11 - COUNCIL MEETINGS AND COMMUNICATIONS › Section 345-011-0010 - Officers

Current through Register Vol. 63, No. 7, July 1, 2024
(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 a unanimous vote of the other Council members.
(2) The chair shall preside over all Council
			 meetings, shall determine, in cooperation with the Council Secretary, the
			 location of the Council meetings, and shall execute all written documents that
			 must be executed in the name of the Council.
(3) The chair may take action on behalf of
			 the Council in emergencies that arise between meetings, subject to ratification
			 by the Council. When practicable, the chair shall advise all members by
			 telephone of any action proposed to be taken in an emergency.
(4) The vice-chair shall act in lieu of the
			 chair when the chair is unable to perform any of his or her
			 responsibilities.
Stat. Auth.: ORS
				  469.470
Stats. Implemented: ORS
				  469.450
Oregon Administrative Rules › Chapter 345 - DEPARTMENT OF ENERGY, ENERGY FACILITY SITING COUNCIL › Division 11 - COUNCIL MEETINGS AND COMMUNICATIONS › Section 345-011-0015 - Meetings

Current through Register Vol. 63, No. 7, July 1, 2024
(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, consistent with the requirements of ORS Chapter
			 192.610 to
			 192.690, shall give notice of
			 each meeting of the Council.
(2)
			 The Governor or the chair may call a special Council meeting to be held at any
			 place in this state. The person calling the meeting shall designate the time
			 and place of the meeting and shall give at least 24 hours' notice of the
			 meeting to each Council member and the public. In the event of an emergency,
			 the Council may hold a meeting upon such notice as is appropriate to the
			 circumstances, and in the minutes for such a meeting, the Council shall
			 describe the emergency justifying less than 24 hours' notice.
(3) The Council may hold meetings by
			 telephone or other electronic communication. If the Council holds a meeting by
			 telephone or other electronic means, the Council shall conduct the meeting in
			 accordance with ORS 192.610 to
			 192.690.
Stat. Auth.: ORS
				  469.470
Stats. Implemented: ORS
				  192.640,
				  192.670,
				  469.460 &
				  469.470
Oregon Administrative Rules › Chapter 345 - DEPARTMENT OF ENERGY, ENERGY FACILITY SITING COUNCIL › Division 11 - COUNCIL MEETINGS AND COMMUNICATIONS › Section 345-011-0020 - Agendas for Regular Meetings

Current through Register Vol. 63, No. 7, July 1, 2024
(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 identify the proponent of agenda items
			 scheduled at the request of a member of the public as described in OAR
			 345-011-0035.
(2) On the agenda,
			 the Secretary may include a consent calendar, identifying items that the
			 Secretary considers to be routine, such as minutes of previous meetings and
			 personnel recognitions, which will be acted upon without public discussion.
			 However, if a Council member objects to an item on the consent calendar, it
			 will be removed from the consent calendar and placed on the regular agenda for
			 discussion.
(3) The Secretary shall
			 include on each agenda a notice that time will be reserved at each meeting for
			 the presentation of concerns by interested citizens who wish to address the
			 Council regarding any item within the Council's jurisdiction except matters
			 that are closed to public comment as specified in the notice. The chair shall
			 establish the duration of the time for public comment and may lengthen or
			 shorten it at the Council meeting as the length of the meeting and timing and
			 duration of other Council business dictate.
(4) The Secretary shall send the agenda to
			 Council members by regular mail or email at least one week before a regular
			 meeting and shall include draft minutes of previous meetings, as available. The
			 Secretary shall send the agenda to each person or organization on the Council's
			 general mailing list by regular mail or email. The "general mailing list" is
			 the list of persons who have requested all Council meeting and facility siting
			 mailings.
Stat. Auth.: ORS
				  469.470
Stats. Implemented: ORS
				  192.640,
				  469.460 &
				  469.470