The Oregon Department of Environmental Quality has released draft air quality regulations that would require all industrial facilities permitted under federal or state air quality programs to monitor their greenhouse gas (GHG) emissions beginning in 2009. The regulations, which are expected to impact more than 700 industrial sources ranging from coffee roasters to coal-fired power plants, are designed to create accurate GHG emissions data in anticipation of reductions that Oregon committed to as part of the Western Climate Initiative.

The regulations would apply to any industrial facility permitted under the Clean Air Act’s Title V program for major sources and to certain facilities requiring an Oregon Air Contaminant Discharge Permit, as well as smaller sources that emit more than 2,500 metric tons of carbon dioxide (CO2) annually. Smaller sources would be required to begin reporting their 2010 emissions in 2011, while larger sources that are already permitted under existing air quality programs would begin reporting their 2009 emissions in 2010.

The reporting requirements do not specify any monitoring protocol for GHG emissions, except to note that emissions must be identified “pursuant to Department-approved protocols, including estimated annual emissions, activity data, emission factors, conversion factors, global warming potential factor, and the emissions calculation methods used to determine emissions.” Public hearings on the proposed rule will be held throughout the state in April and May; the comment period will end on May 16, 2008.

For further information about this topic, please contact Akin Gump.