NEXT Renewable Fuels, Inc

DEQ held a questions and answers section during the public hearing about NEXT's draft 401 Water Quality Certification. This document​ is a comprehensive list of questions that were asked and DEQ's answers to those questions. ​​

Q. What does a 401 Water Quality Certification do?

A. Section 401 of the Clean Water Act requires federal agencies to obtain a water quality certification from the state if the proposed activity may result in a discharge (including dredge and fill materials) to surface waters. The certification states that the discharge will comply with applicable sections of the Clean Water Act, including state water quality standards. It is required part of the U.S. Army Corps of Engineers federal 404 permitting process. The federal 404 permit cannot be issued until a 401 Water Quality Certification from the state is received. The U.S. Army Corps of Engineers is the lead agency for making 404 permit determinations.

Q. How does a 401 Water Quality Certification manage potential risks or impacts to the water?

A. The 401 Water Quality Certification has several tools available to ensure that a project meets state water quality standards. A 401 Water Quality Certification includes conditions that require the applicant to follow best management practices and perform monitoring to ensure that water quality standards are met. If there are unavoidable impacts to waterways and/or wetlands, projects are required to provide mitigation for the loss of water quality functions. Applicants may either submit a mitigation plan or purchase mitigation credits from an approved mitigation bank. The Oregon Department of State Lands and U.S. Army Corps of Engineers are responsible for overseeing the details and implementation of the mitigation plan.

For this project, NEXT is proposing a mitigation plan that will enhance a total 476.60 acres of wetlands by re-establishing a native shrub and bottomland emergent wetland community. The mitigation plan will involve removing harmful and non-native plants, removing the existing poplar tree plantation and creating shallow water areas and branching channels to help improve water flow, enhance habitat diversity and distribute nutrients and sediments throughout the area. The mitigation site is located southwest of the proposed facility within the same hydrologic unit of the proposed facility, four miles northeast of Clatskanie.

Q. What other water quality permits does NEXT need to have?

A. NEXT must apply for a construction stormwater discharge general permit, which regulates how NEXT manages its stormwater during construction of the facility. NEXT must also apply for an industrial stormwater discharge general permit, which regulates how the facility manages its stormwater while operating. Both permits are necessary before construction can begin.

Q. What happens if NEXT violates its water quality permit standards?

A. Once DEQ issues a permit for a facility, that permit is legally binding. If there is a violation of any permit condition, DEQ inspectors will use the enforcement guidance to determine the appropriate response. The response can range from a warning letter to formal enforcement, which may include corrective actions, a fine or revocation of a permit or the 401 Water Quality Certification.

Q. Why is NEXT able to continue with water quality permit and certification applications while its Land Use Compatibility Statement is under appeal with the Land Use Board of Appeals?

A. The Land Use Compatibility Statement approved by Columbia County, the local land use authority, is current and active unless the Land Use Board of Appeals invalidates the county's decision, or if the county rescinds its approval. DEQ does not have land use decision making authority.

If the Land Use Board of Appeals overturns Columbia County's land use decision, DEQ will re-evaluate any permits or certification decisions or applications. This may include rescinding previously approved permits or certifications or rejecting applications under review.

Q. Would increased fuel transport from the Port Westward dock and rail traffic increase risk of a spill into the Columbia River and nearby wetlands or agricultural land? 

A. DEQ understands the concerns local residents and workers have about the risk of a spill. NEXT is required to report spills and DEQ has emergency response equipment located nearby (at Columbia Pacific Bio-Refinery) to help mobilize a swift response. DEQ also participates in various spill drills annually to prepare for a variety of spill scenarios, including a drill exercise in August 2024 for a spill scenario in the Port Westward area.

DEQ does not have the authority to force a property owner to move its current or proposed facility, nor does DEQ have land use decision making authority. NEXT is required to have an active and approved Land Use Compatibility Statement by the local land use agency, which is Columbia County, to move forward with its construction project and apply for DEQ permits (which are also needed for construction to occur).

Columbia County approved NEXT's Land Use Compatibility Statement, which determined that the proposed NEXT facility and operations are in line with local land use requirements. If Columbia County rescinds its land use decision or the Land Use Board of Appeals overturns the county's land use decision, DEQ will re-evaluate any permits or certification decisions or applications. This may include rescinding previously approved permits or certifications or rejecting applications under review.

If a permit application submitted by NEXT meets state and federal regulatory requirements, and if NEXT continues to have an approved Land Use Compatibility Statement by Columbia County, DEQ must issue the permit.

Q. Will DEQ require an emergency spills response plan?