Oregon Administrative Rules Chapter 345 - DEPARTMENT OF ENERGY, ENERGY FACILITY SITING COUNCIL
Oregon Administrative Rules – Chapter 345: DEPARTMENT OF ENERGY, ENERGY FACILITY SITING COUNCIL
Chapter 345 of the Oregon Administrative Rules (OAR) outlines the regulations and procedures of the Energy Facility Siting Council (EFSC), which operates under the Oregon Department of Energy (ODOE). This council is responsible for reviewing, approving, and overseeing the siting (location and construction) of large-scale energy facilities in Oregon.
Main Purposes of Chapter 345
Ensure safe and responsible development of major energy facilities.
Protect Oregon’s environment, public health, and safety.
Provide a comprehensive and consistent review process for energy projects.
1. Definitions and Scope
This section clarifies key terms like:
Energy Facility: Typically includes power plants, transmission lines, pipelines, and wind/solar farms over a certain size.
Site Certificate: A formal document required before building or operating an energy facility.
Applicant: A company or entity seeking to develop a facility.
2. Role of the Energy Facility Siting Council (EFSC)
EFSC is a citizen board responsible for:
Reviewing site certificate applications
Holding public hearings
Making final decisions on applications
Ensuring facilities follow environmental, safety, and land use standards
3. Types of Facilities Regulated
The council regulates:
Thermal power plants (e.g., natural gas)
Wind and solar farms above certain thresholds
High-voltage transmission lines
Natural gas pipelines
Radioactive waste disposal sites
Energy storage systems (in some cases)
4. Application and Review Process
The rules provide a detailed multi-step process:
Notice of intent: Project introduction to the public
Pre-application consultation with local/state agencies
Application for site certificate: Detailed analysis of project impacts
Public involvement: Hearings and comment periods
Final decision: EFSC approves, denies, or sets conditions for approval
The process emphasizes transparency and community input.
5. Standards for Approval
The EFSC evaluates projects based on specific standards, including:
Environmental protection (air, water, wildlife)
Public health and safety
Land use compatibility
Scenic and aesthetic impacts
Cultural and historical site protection
Waste and emissions control
A project must meet all applicable standards to receive a site certificate.
6. Site Certificate Conditions
If a certificate is approved, EFSC may impose:
Construction timelines
Environmental mitigation measures
Reporting and monitoring requirements
Emergency preparedness plans
Failure to comply can lead to penalties or revocation of the certificate.
7. Amendments and Transfers
Rules explain how to:
Request changes to an existing site certificate
Transfer ownership of a facility
Extend construction deadlines
EFSC must review and approve such changes to ensure continued compliance.
8. Compliance and Enforcement
The Department of Energy monitors facility performance through:
Inspections
Annual reporting
Community complaints
If a facility violates the rules or conditions, EFSC can impose fines, halt operations, or revoke permits.
9. Rulemaking and Public Participation
EFSC periodically updates rules and standards. The public can:
Submit comments
Attend hearings
Request rule changes
Summary
OAR Chapter 345 governs how Oregon plans, approves, and oversees the development of major energy facilities. The Energy Facility Siting Council ensures that all projects are safe, environmentally responsible, and publicly accountable. The rules create a clear process that balances the state’s energy needs with long-term sustainability and community well-being.
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