U.S. Army Corps of Engineers (USACE)
Section 404 of the Clean Water Act requires approval from USACE before dredged or fill material can be placed into the waters of the United States including oceans, streams, wetlands, lakes, and groundwater. The Clean Water Act aims to protect the physical, chemical, and biological integrity of water quality in the United States.
The NEXT Project will fill 117.64 acres of wetland when the renewable fuels facility is constructed. The NEXT Project must receive a Section 404 Permit* from the USACE to complete this proposed action.
Oregon Department of State Lands (DSL)
Removal-Fill Permit requires approval from DSL before dredged or fill material can be placed into the wetlands and waterways of the state. Oregon’s Removal-Fill Law was in place before The Clean Water Act.
The NEXT Project will fill 117.64 acres of wetland when the renewable fuels facility is constructed. The NEXT Project must receive a Removal-Fill Permit* from DSL to complete this proposed action. To receive the Removal-Fill Permit, NEXT must develop a comprehensive plan for a wetland mitigation site with a minimum acreage of 458.8 acres.
*The Joint Permit Application (JPA) is used by both USACE and DSL for removal-fill activities.
Oregon Department of Environmental Quality (DEQ)
Air Contaminant Discharge Permit requires that industrial facilities limit their emissions. The Federal Clean Air Act began setting limits on emissions from industry and transportation in 1963 to protect air as a resource. The State of Oregon created their own program, Cleaner Air Oregon, with more stringent requirements released in 2018. Every new proposed facility in Oregon must receive this permit from DEQ before it can be built. Existing Oregon facilities will have to renew their air permit under the new requirements.
The NEXT Project will have emissions during construction and operation. The NEXT Project will show the anticipated impacts to air quality are below critical thresholds and receive a permit from DEQ.
Section 401 of the Clean Water Act requires approval from DEQ. Anyone with a project that could impact water quality must submit a copy of a project plan to DEQ for review and evaluation of compliance with state water quality standards, regardless of the federal jurisdictional determination, as state water quality standards still apply state-wide. Conditions of the Section 401 certification become conditions of the Section 404 permit issued by the USACE.
The NEXT Project has the potential to impact water quality, so a project plan showing the measures taken to protect water quality must be submitted to DEQ.
1200-C Construction Stormwater Discharge Permit
The 1200-C Construction Stormwater National Pollutant Discharge Elimination System (NPDES) Permit regulates stormwater runoff from construction activities in Oregon. The Federal Clean Water Act requires regulation of stormwater runoff from construction activities. The 1200-C permit requires permit holders prepare an Erosion and Sediment Control Plan and incorporate Best Management Practices into their construction work. Best management practices are used to prevent erosion and control sediment runoff from the site. The permit focuses on preventing pollution from erosion and runoff. In addition, the permit requires permit holders to inspect and maintain their controls to ensure they are working to prevent erosion and sediment runoff from the site. Prior to terminating a 1200-C permit, the permit holder must show, through actions described in the permit, that the site has been cleaned up, stabilized with ground cover where necessary, and will not result in the discharge of significant construction related sediment into surface waters or conveyance systems leading to surface waters.
The NEXT Project involves construction activities and will require a 1200-C permit from DEQ. In the permit application, NEXT will show how they will control erosion and sediment in stormwater runoff through Best Management Practices.
1200-Z Industrial Stormwater Discharge Permit
The 1200-Z Industrial Stormwater (NPDES) Permit regulates stormwater runoff from sites with industrial activities in Oregon. The Federal Clean Water Act requires regulation of stormwater runoff from industrial sites. Stormwater runoff from land and impervious areas such as paved streets, parking lots, and building rooftops during rainfall and snow events often contain pollutants that could adversely affect water quality.
The NEXT Project will be an industrial site and will require a 1200-Z permit from DEQ. In the permit application, NEXT will show how they will prevent exposure to stormwater for the pollutants that the Columbia River is impaired. The procedures will be documented in the Stormwater Pollution Control Plan.
Oregon Department of Energy
Energy Facility Siting Council Exemption
Large energy facilities must apply with the Energy Facility Siting Council for a site certificate or qualify for an exemption.
The proposed facility in the NEXT Project requires no new electric transmission lines or gas or petroleum pipelines that would require a site certificate under subsection (1) of ORS 469.320, thus satisfying the exemption requirement of ORS 469.302(2)(f)(C).