[{"_1":2,"_88":-5,"_89":-5},"loaderData",{"_3":4,"_26":27},"root",{"_5":6,"_17":10,"_18":19,"_20":21,"_22":10,"_23":-5,"_24":-5,"_25":10},"user",{"_7":8,"_9":10,"_11":10,"_12":-5,"_13":-5,"_14":15,"_16":-5},"roles",[],"isAuthenticated",false,"isPremium","planName","subscriptionStatus","featureFlags",{},"insightsBudget","isDevelopmentHost","userPreferences",{},"recaptchaSiteKey","6LcvOJcUAAAAAHsB-gPGfGktcRlKpH7OTIU_dMTD","isImpersonating","impersonation","affiliateStatus","isFreedomPortal","routes/v2/article/layout",{"_28":29,"_30":31},"notFound",true,"relatedArticles",[32,76],{"_33":34,"_35":36,"_37":38,"_39":40,"_41":42,"_43":44,"_45":46,"_47":48,"_49":50,"_51":52,"_53":54,"_55":56,"_57":58,"_59":60,"_61":62,"_63":64,"_65":66,"_67":68,"_69":70,"_71":72,"_73":74,"_75":74},"mediaId",6222500,"mediaKeyId","3593387-7181a5ada5bcaa56430f74fabe793942","parentId",3593387,"title","Lawmakers and industry press DEQ on permit backlog, fee increase and business impacts","audioSeconds",3345,"startMs",1619000,"endMs",4964000,"viewUrl","/Search/View?dp=1&key=3593387-7181a5ada5bcaa56430f74fabe793942&start=1619&end=4964","thumbnailUrl","https://assets.pipeline.soar.com/3593387-7181a5ada5bcaa56430f74fabe793942/thumbnail_1619000.jpg","articleUrl","/articles/6222500/Oregon/Lawmakers-and-industry-press-DEQ-on-permit-backlog-fee-increase-and-business-impacts","mediaUrl","https://secure.pipeline.soar.com/6222500-8bb9aab0e34d1206e62a6d01b672de67/orig.mp4?Expires=1770480739&Signature=K~hsA8lbpTWDrZxvg8jEbCo7ynlSnHzk3216Zp6oRIUrIW7ATw3HAP-jajj1DMKby6rxXWtjbVXoywm-xFIvXWdCghwYdNZWVARD6JhHF4HokmdNLrs-FJa5LEh9uuOXTgYJA9yUb~DlHaOt-z0v5F8X2THfuhySH3exTWy8gdeoHr92TS-Dg6lOmlobwNNtilc2dQoE4G1F3hyTCWF4JW9j~utjL1UWzARCto0kn~MlcWUO~-oojp~nxTLHPtCVy3dMOYJJxCMA-pSVMSJtp-Twb3myyHMULQNlyC~jh-h7753xHbKRi~GZtxeejjgGpWNX16uprOSQvvlmur~OuQ__&Key-Pair-Id=KUT5TJCACFTXG","author","Oregon Legislature","date","2025-05-29T00:00:00Z","article","Lawmakers and representatives of regulated businesses used an informational hearing Thursday to press the Oregon Department of Environmental Quality for data and a timeline to clear a backlog of expired Title V permits and to evaluate the effects of a recent fee increase.

Chair Lively opened the session to allow DEQ to brief the House Climate, Energy and Environment Committee on permitting timelines and to hear from the regulated community. Director Leah Feldon and Air Quality Division administrator Ali Mirzakalili described program staffing, recent fee legislation and work the agency plans to reduce delays.

DEQ told the committee that in 2023 it proposed an 83% increase to Title V fees after not adjusting fees for more than a decade. Mirzakalili said the phased increase was approved by the Legislature to restore a sufficient fund balance and begin hiring for program vacancies. “That fee increase allowed the EQ to reestablish an adequate ending fund balance and begin to fill vacant positions,” Feldon said.

Several legislators questioned how permitting practice changed during the period of fiscal shortfall. Representative Owens said: “In the last 18 months, DEQ has been able to renew 9 Title 5 permits out of 105. Title 5 permits have been in those last 5 years, over 50% of those are now expired.” He asked whether the state should consider asking U.S. EPA to take over the delegated program to ensure regulatory certainty.

DEQ officials responded that revenues shortfalls had forced the agency to prioritize new permits and modifications that allow businesses to proceed, which contributed to slower renewal throughput. “When we are down on resources...we prioritize new applications, and those first come through the ACDP program,” Feldon said. She and Mirzakalili said administrative extensions allow facilities to operate while renewals are pending and that the program continues compliance activities, inspections and technical assistance during extensions.

Representatives of the regulated community said delays and changing rules have tangible costs. Sharla Moffat, senior policy director for Oregon Business and Industry, urged a third‑party review of DEQ permitting similar to the consultant review that helped reform water permitting. “A prudent action would be to include a budget note much like the one from 2015 that evaluated similar issues in the water quality program,” Moffat said.

Chad Darby, an air quality consultant with three decades of experience, told the committee that the Clean Air Oregon program’s requirements often result in long, costly reviews. “The CAO program is so overly complicated. Every facility is having to do a risk assessment,” he said, adding that DEQ had completed risk assessments for seven existing facilities and more than 300 remain to be reviewed. Darby said prolonged timelines and repeated rule makings can force applicants to redo work and discourage investment.

Industry witnesses also said Oregon’s Title V fees compare unfavorably with other states. Darby said he had benchmarked permit fees and found that some Oregon permittees will pay substantially more in annual fees than peer jurisdictions, while experiencing longer permit timelines.

Legislators from both parties pressed for follow‑up: data on the number and status of permits, how many facilities have closed or moved because of permitting timelines, and options for fee restructuring. Several committee members, including Representative Osborne and Representative Edwards, urged a detailed comparison with other states and asked DEQ to return with more data.

DEQ told the panel it is recruiting to refill vacancies and plans workload analyses and process improvements. Feldon said the agency is pursuing pilot changes, such as assigning permit writers who focus only on permit development rather than splitting time with inspections and enforcement, and continuing modernization of the Your DEQ online dashboard to improve transparency.

The committee adjourned after asking DEQ and stakeholders to provide additional materials and to plan follow‑up meetings. Committee members and industry representatives said they expect continued oversight and potential legislative or budget action depending on the data DEQ provides.

Quoted at hearing: Representative Owens — \"In the last 18 months, DEQ has been able to renew 9 Title 5 permits out of 105.\" Sharla Moffat — \"Clean air is essential. Jobs and a healthy, an economy are also essential and we have to figure out how to do both.\" Chad Darby — \"The CAO program is so overly complicated. Every facility is having to do a risk assessment.\"","mediaType","Video","parentTitle","House Committee On Climate, Energy, and Environment 05/29/2025 8:00 AM","oneSentenceSummary","Lawmakers and industry pressed DEQ on May 29 for a plan and data to address a backlog of Title V permit renewals, the effects of a phased fee increase and whether a third‑party review is needed to restore timely permitting.","taxTitle","Climate, Energy, and Environment, House of Representatives, Committees, Legislative, Oregon","taxId",17502,"location","Oregon","headline","","shortSummary",{"_33":77,"_35":36,"_37":38,"_39":78,"_41":79,"_43":80,"_45":81,"_47":82,"_49":83,"_51":84,"_53":85,"_55":56,"_57":58,"_59":86,"_61":62,"_63":64,"_65":87,"_67":68,"_69":70,"_71":72,"_73":74,"_75":74},6222504,"DEQ briefs lawmakers on Oregon air permitting: notice‑and‑go, plant‑wide limits and Clean Air Oregon",3422,70000,3492000,"/Search/View?dp=1&key=3593387-7181a5ada5bcaa56430f74fabe793942&start=70&end=3492","https://assets.pipeline.soar.com/3593387-7181a5ada5bcaa56430f74fabe793942/thumbnail_70000.jpg","/articles/6222504/Oregon/DEQ-briefs-lawmakers-on-Oregon-air-permitting-noticeandgo-plantwide-limits-and-Clean-Air-Oregon","https://secure.pipeline.soar.com/6222504-43b4d46e20b8a2443d13bb7469096aba/orig.mp4?Expires=1770480739&Signature=Fwn13H5oJAD17CxBEmRdOvWJKbKrxl5jh3VzPt8TtKhLzsPFIu0GJtdaTBEMU8pgL0L8x0M-IrfVSK4tlqAGK0m8T8StYXWOtAz43q9-zdqlwEO1GqHT9xnWsQneQTxVftHQ9SQ9OdrMxx7IF-llak6z3-yZmYxB0SaVVR9vSSJWFYZFg7m~loo5Y98p23oDOHbdAhEJ9CLCvxNRvk1XGwVqh2N2qbc0aspAAS9b1hnY2iQxPap5~mlbXxT1CXSoYVcI6C79~8sl1kt7wtID1frLESklQeoS~L56Yam7KvWhmAoJZld5Zj96WierOdkD~wz8jgQtt2NZXFzT38IrOA__&Key-Pair-Id=KUT5TJCACFTXG","The House Climate, Energy and Environment Committee heard an overview Thursday from the Oregon Department of Environmental Quality of the state's air quality permitting programs, including ACDP (Air Contaminant Discharge Permits), the federal Title V program, and the state’s Clean Air Oregon air‑toxics process.

Leah Feldon, director of the Oregon Department of Environmental Quality, opened the briefing and said the agency would summarize “the air quality permit development process” and explain the three permitting programs that DEQ implements.

The presentation framed Oregon permitting against the federal Clean Air Act and U.S. EPA national ambient air quality standards, or NAAQS. “At a high level, through the Federal Clean Air Act, the US EPA set standards that states must meet for 6 criteria air pollutants,” said Ali Mirzakalili, DEQ’s Air Quality Division administrator. He said ozone and fine particles are Oregon’s greatest challenges relative to the NAAQS.

DEQ described permitting as a multi‑phase process that commonly includes a pre‑application consultation, application completeness review, technical evaluation, public notice and comment, final permit issuance and post‑issuance compliance. The agency emphasized that local land‑use decisions are separate from DEQ’s role of setting operating conditions so facilities do not violate ambient standards.

The ACDP program covers new sources and many smaller or mid‑sized sources. DEQ said ACDP handles notices of intent to construct and many notifications that do not require full permits. The agency reported the ACDP program is largely fee supported and has 37 budgeted FTEs. DEQ also noted that some ACDP permits were extended from five to 10 years in recent rulemaking to reduce renewal frequency and that the program increased use of short‑term activity permits.

DEQ described a major 2022 rule change affecting ACDP permits. The agency ended the practice of issuing generic annual plant‑site emission limits that did not account for short‑duration (daily or hourly) exceedances of NAAQS. Under the updated rules, applicants often must perform dispersion modeling and testing to demonstrate operations will not cause short‑term violations; the modeling assumptions then are incorporated into draft permits.

DEQ staff explained that Oregon’s use of plant‑wide emission limits for major sources is unusual nationally and can provide flexibility to allow certain modifications without triggering federal new source review so long as state plant‑site limits are not exceeded.

On the federal Title V program, DEQ said Title V permits apply to major sources by potential to emit and are issued for five years. The agency said Title V work is funded by annual fees rather than renewal charges and that the program is budgeted at 32 FTEs. DEQ also noted that administrative extensions allow sources to continue operating while renewals are pending.

The agency reviewed Clean Air Oregon, the air‑toxics program enacted by the Legislature in 2018 and implemented through SB 1541 requirements. DEQ described the program’s risk assessment sequence — emissions inventory, modeling protocol and risk assessment — and said that while some new or small facilities can be cleared relatively quickly, reviews of existing, complex sources often require substantial source testing and can take many months. DEQ said some simpler risk assessments have taken under three months, while larger reviews can take up to nine months.

Committee members asked about technical details and program resources. Representative Anderson asked how Oregon differs from other states. Mirzakalili said Oregon’s prior use of generic limits and the statewide plant‑site emission approach were unique features; the 2022 rules closed a gap by addressing short‑term standards. Representative Osborne and other members asked about the effect of new modeling requirements on timelines and costs; DEQ acknowledged the changes increased complexity for applicants and that the agency is providing guidance and tools to implement them.

DEQ said it is updating toxicity reference values for the Clean Air Oregon program on the statutory three‑year cadence and is working on permit‑timeliness improvements, including piloting permit writers dedicated to permit development and continuing modernization of the Your DEQ online system for permit tracking and public dashboards.

The agency said appeals to the Environmental Quality Commission or Oregon Court of Appeals can further extend permit timelines. DEQ also told the committee it will provide members follow‑up data on several items, including counts and timing associated with the notice‑and‑go category and other workload metrics.

The briefing closed with DEQ offering to return to answer further technical questions and with committee members asking DEQ and invited stakeholders for additional information in follow‑up sessions.

DEQ sources quoted: \"We strongly encourage\" pre‑application consultations, and \"this process is frequently an iterative collaboration between the agency and the permit applicant,\" said Mirzakalili. Director Leah Feldon said the agency will pursue \"improvements in the air quality permitting program\" and pilot permit writers focused solely on permit writing to improve timeliness.","Oregon Department of Environmental Quality staff described the state's air permitting system, recent 2022 rule changes that added a \"notice‑and‑go\" pathway and plant‑wide emission limits, and the Clean Air Oregon air‑toxics review process while answering committee questions about modeling, monitoring and timelines.","actionData","errors"]

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Lawmakers and industry press DEQ on permit backlog, fee increase and business impacts

DEQ briefs lawmakers on Oregon air permitting: notice‑and‑go, plant‑wide limits and Clean Air Oregon