Reply To:	ORC-158			November 30, 2010

MEMORANDUM

SUBJECT:	Applicability of Oregon’s Title V Program to Sources of
Greenhouse Gas Emissions (GHGs) 

FROM:	Julie Vergeront

		Assistant Regional Counsel

TO:		File

	On November 23, 2010, I spoke with Paul Logan, Assistant Attorney
General for the State of Oregon.  Mr. Logan has been working with the
air program in Oregon’s Department of Environmental Quality (ODEQ)
regarding efforts to ensure Oregon’s regulations are consistent with
Clean Air Act requirements for the regulation of sources of GHG
emissions.

	Mr. Logan confirmed that, although ODEQ’s letters to EPA dated July
29, 2010 and October 1, 2010 primarily address Oregon’s PSD permitting
authority for GHG emissions, Oregon’s Title V program also will not
require sources of GHG emissions to apply for Title V permits based on
their emissions of GHGs until Oregon promulgates final rules that
require sources of GHG emissions to apply for Title V permits.  He
stated that Oregon’s rules do not currently regulate GHG emissions
from stationary sources and that Oregon’s courts have interpreted the
Oregon constitution to prohibit the incorporation by reference of future
rules of non-Oregon entities, such as EPA.  

	Mr. Logan stated that Oregon recently proposed changes that would
update ODEQ’s PSD and Title V rules to be consistent with the
Tailoring Rule for PSD and Title V.  Those rule revisions are not
expected to be final until February 2011.        

  PAGE  2 

