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Clean Fuels Program Expansion 2022

Adopted rule

Administrative Order No.: DEQ-16-2022 and DEQ-17-2022
Filed: Sept. 23, 2022
Effective: 340-012-0054, 0135, 0140 and 253-0680 are effective Sept. 23, 2022
All other rules are effective Jan. 1, 2023
See Oregon Bulletin, October 2022

Rulemaking contact: Bill Peters, 503-863-6259 

The Oregon Department of Environmental Quality has conducted a rulemaking to expand and extend the Clean Fuels Program regulation which was adopted by the Environmental Quality Commission on September 23, 2022. The rulemaking included:

  • The expansion of the annual average carbon intensity reduction targets to 20% below 2015 levels by 2030 and 37% by 2035
  • Modifications to the program that will support achievement of the new standards
  • Updates to existing rules for clarity and workability for regulated parties and DEQ
  • Updates to the program’s enforcement rules
  • Other modifications to improve the effectiveness and integrity of the Clean Fuels Program
DEQ hired the consulting firm ICF International in 2020 to kick off the conversation about how Oregon's transportation fuels market can meet new ambitious targets for the Clean Fuels Program. ICF worked with DEQ to develop post-2025 illustrative compliance scenarios of what combination of vehicles and fuels we might see in the future and then determine what reductions in greenhouse gases would result from those assumptions. DEQ hosted two meetings with stakeholders and incorporated their comments into the final report.
 
DEQ then held rulemaking advisory committee meetings from December 2021 to May 2022 to refine the initial rule proposal.

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DEQ convened an advisory committee to review the technical issues and fiscal impacts related to the proposed rules. In convening this committee, DEQ has appointed members that reflected the range of entities that are both directly and indirectly affected by the proposed changes to the rules.

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Workshops

As part of the CFP Expansion 2022 Rulemaking, DEQ held a series of workshops for targeted discussions on the following topics: Reporting, Electricity, and Pathways. These workshops were open to RAC members, stakeholders, and the public. Feedback received during these workshops was used by DEQ staff to determine whether or not to move forward with modifications to the existing regulation.
​This workshop is held to discuss several reporting-related issues that might be considered as part of the CFP Expansion 2022 Rulemaking.
​​This workshop is being held to discuss several electricity-related issues that might be considered as part of the CFP Expansion 2022 Rulemaking.

This workshop is being held to discuss several pathway-related issues that might be considered as part of the CFP Expansion 2022 Rulemaking.


Public involvement

Public comment period

The comment period closed at 4 p.m. on July 21, 2022.

For more information, see the Notice of Proposed Rulemaking, which includes the notice and proposed rules.

Comments received during the public comment period have been compiled into the following documents:

Public hearing
DEQ held one public hearing on July 19, 2022. 


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EQC action

The Oregon Environmental Quality Commission adopted these rules at it’s meeting on Sept. 23, 2022.

Pre-Rulemaking meetings
​​Researchers from the University of California, Davis, have modeled the air quality impacts of the vehicles and fuels that could be used to meet an expanded Clean Fuels Program in Oregon. This webinar discussed the methods used for modeling, as well as the results of this research, and gave community members an opportunity to speak with members of the research team.

A virtual meeting was held for DEQ and stakeholders to share their thoughts on what the upcoming rulemaking could include. DEQ provided the context and timeline for the rulemaking and some initial thoughts about what to include.

Stakeholders had the opportunity to provide DEQ with their thoughts. This was not a formal rulemaking meeting, but an informal listening session that informed the scope and schedule of meetings that will make up the formal process.

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