Oregon DEQ seeks public comments on revised, ‘stronger’ draft Climate Protection Program rules after court ruling

PORTLAND, Ore. (KTVZ) -- The Oregon Department of Environmental Quality published the draft rules for the Climate Protection Program for public comment Tuesday. The draft rules set an enforceable declining limit, or cap, on greenhouse gas emissions from fossil fuels in Oregon that will reduce emissions by 50% by 2035 and 90% by 2050.

“This program is critical to reaching Oregon’s climate goals and to fulfilling DEQ’s mission to protect air quality,” said director Leah Feldon. "DEQ has emerged with a stronger program that maintains the same scope and ambition while providing more options for those we regulate to comply with the cap.”

Following a court decision invalidating the program in late 2023, DEQ is using this rulemaking process as an opportunity to take feedback on the previous program and improve it. The Climate Protection Program 2024 rules include the following updates in response to feedback during the rulemaking process to date:

• Specific regulation of emissions-intensive, trade exposed industries to provide flexibility in how they can comply with the program.
• Working with Oregon Public Utilities Commission to review natural gas rates and customer bills regularly to evaluate whether the program is having a significant impact on rates.
• Providing robust auditing and oversight of Community Climate Investment projects to ensure they reduce greenhouse gas emissions and benefit environmental justice communities across the state.

Read this fact sheet for a simplified explanation of some differences between the previous program and the Climate Protection Program 2024 draft rules.

“Oregon’s Climate Protection Program is a key tool to ensuring that Oregon makes progress toward meeting our GHG emission reduction goals,” Governor Kotek said. “DEQ has conducted a transparent process to develop a program that will ensure Oregon does its part to combat our global climate crisis.”

This months-long public process builds on the previous 18-month rulemaking process for the original rules as well as the agency and staff experience of implementing the program for two years.

The public comment period is open until Aug. 30, 2024 at 4:00 p.m. Information about how to provide a comment on these rules is available on the Climate Protection Program 2024 rulemaking web page.

The Oregon Department of Environmental Quality protects human health and the environment by controlling air and water pollution, reducing the impacts of manufactured products and cleaning up contaminated properties. DEQ engages the public in decision-making and helps communities solve problems in ways that are economically and environmentally sustainable.