DEQ does not have the authority to make land use decisions. The City of Portland is the local land use authority for determining if the Zenith facility and operations are in line with local land use requirements. DEQ's process for reviewing these statements is to ensure any land use compatibility statement, or LUCS, the agency receives is consistent with that facility's application to confirm both DEQ and the land use agency are getting the same information.
DEQ asked Zenith for a new LUCS from the City of Portland in January 2021 because the activities Zenith proposed in its air quality permit renewal application did not match the existing LUCS.
When the City denied Zenith's LUCS, DEQ also denied Zenith's permit application. Zenith appealed the City's land use decision to the Land Use Board of Appeals. While the decision was under appeal, Zenith proposed a new LUCS and the City approved it. Zenith submitted a new air quality permit application to DEQ with the approved LUCS.
Any reversal or appeal of the LUCS would have to come from the City or go through the Land Use Board of Appeals the same way Zenith appealed the City's initial decision.
Questions specific to the City's LUCS process, approval, decision making and auditor report can be sent to: bds@portlandoregon.gov