74th OREGON LEGISLATIVE ASSEMBLY--2007 Regular Session
 
SA to SB 107
 
LC 823/SB 107-1
 
                      SENATE AMENDMENTS TO
                         SENATE BILL 107
 
              By JOINT COMMITTEE ON WAYS AND MEANS
 
                             May 10
 
  On page 1 of the printed bill, delete lines 5 through 30 and
delete pages 2 and 3 and insert:
  '  { +  SECTION 1. + } ORS 468A.315 is amended to read:
  ' 468A.315.   { - (1)(a) - }   { + (1) + }   { - Beginning one
year after the date of submittal of the federal operating permit
program to the Administrator of the United States Environmental
Protection Agency, - }  The fee schedule required under ORS
468.065 (2) for a source subject to the federal operating permit
program shall be based on a schedule established  { + every two
years + } by rule by the Environmental Quality Commission in
accordance with this section.  Except for the additional fee
under subsection   { - (2)(f) - }   { + (2)(e) + } of this
section, this fee schedule shall be in lieu of any other fee for
a permit issued under ORS 468A.040, 468A.045 or 468A.155. The fee
schedule shall cover all reasonable direct and indirect costs of
implementing the federal operating permit program and shall
consist of:
  '  { - (A) - }   { + (a) + } An emission fee   { - of $25 - }
per ton of  { + each + } regulated pollutant emitted during the
prior calendar year as determined under subsection (2) of this
section { + , subject to annual fee increases as set forth in
paragraph (d) of this subsection + }.   { +  The following
emission fees apply:
  ' (A) $27 per ton emitted during the 2006 calendar year.
  ' (B) $29 per ton emitted during the 2007 calendar year.
  ' (C) $31 per ton emitted during the 2008 calendar year and
each calendar year thereafter. + }
  '  { - (B) - }   { + (b) + } Fees for the following specific
elements of the federal operating permit program:
  '  { - (i) - }   { + (A) + } Reviewing and acting upon
applications for modifications to federal operating permits.
  '  { - (ii) - }   { + (B) + } Any activity related to permits
required under ORS 468A.040 other than the federal operating
permit program.
  '  { - (iii) - }   { + (C) + } Department of Environmental
Quality activities for sources not subject to the federal
operating permit program.
  '  { - (iv) - }   { + (D) + } Department review of ambient
monitoring networks installed by a source.
  '  { - (v) - }   { + (E) + } Other distinct department
activities created by a source or a group of sources if the
 { - Environmental Quality - } commission finds that the
activities are unique and specific and that additional rulemaking
is necessary and will impose costs upon the department that are
not otherwise covered by federal operating permit program fees.
  '  { - (C) - }   { + (c) + } A base fee for a source subject to
the federal operating permit program. This base fee shall be no
more than
  { - $2,500, - }   { + the fees set forth in subparagraphs (A)
to (D) of this paragraph, + } subject to increases as set forth
in   { - subparagraph (D) of this paragraph - }   { + paragraph
(d) of this subsection:
  ' (A) $2,700 for the period of November 15, 2007, through
November 14, 2008.
  ' (B) $2,900 for the period of November 15, 2008, through
November 14, 2009.
  ' (C) $3,100 for the period of November 15, 2009, through
November 14, 2010.
  ' (D) $4,100 for the period of November 15, 2010, through
November 14, 2011, and for each annual period thereafter + }.
  '  { - (D) - }   { + (d) + } An annual increase  { + in the
fees set forth in paragraphs (a) to (c) of this subsection + } by
the percentage, if any, by which the Consumer Price Index exceeds
the Consumer Price Index for the calendar year 1989 if the
commission determines by rule that the increased   { - fee is - }
 { + fees are + } necessary to cover all reasonable direct and
indirect costs of implementing the federal operating permit
program.
  '  { - (b) If the administrator grants interim or partial
approval of the federal operating permit program and the
commission determines the interim or partial approval results in
a reduction in the reasonable direct and indirect costs of
developing and administering the program to less than the level
supported by the fee, the commission shall reduce the emission
fee established by this section commensurate with the reduction
in the department's responsibilities under Title V of the Clean
Air Act.  The reduced fee shall apply until the commission
determines that the cause for the interim or partial approval has
been eliminated. - }
  ' (2)(a) The fee on emissions of regulated pollutants required
under this section shall be based on the amount of each regulated
pollutant emitted during the prior calendar year as documented by
information provided by the source in accordance with criteria
adopted by the commission or, if the source elects to pay the fee
based on permitted emissions, the fee shall be based on the
emission limit for the plant site of the major source.
  '  { - (b) If the fee on PM10 emissions is based on the plant
site emission limit for a source that does not have a plant site
emission limit for PM10, the department may assess the fee on the
plant site emission limit for total suspended particulates in
lieu of PM10. - }
  '  { - (c) - }   { + (b) + } The fee required by   { - this - }
 { + subsection (1)(a) of this + } section   { - shall - }
 { + does + } not apply to any emissions   { - of any regulated
pollutant or total suspended particulates, whether permitted or
documented, - }  in excess of 4,000 tons per year of
  { - that pollutant - }   { + any regulated pollutant through
calendar year 2010 and in excess of 7,000 tons per year of all
regulated pollutants for each calendar year thereafter + }.
 { - There shall be no revision of - }   { + The department may
not revise + } a major source's plant site emission limit due
solely to payment of the fee on the basis of documented
emissions.
  '  { - (d) - }   { + (c) + } The commission shall establish by
rule criteria for the acceptability and verifiability of
information related to emissions as documented, including but not
limited to the use of:
  ' (A) Emission monitoring;
  ' (B) Material balances;
  ' (C) Emission factors;
  ' (D) Fuel use;
  ' (E) Production data; or
  ' (F) Other calculations.
  '  { - (e) - }   { + (d) + } The department shall accept
reasonably accurate information that complies with the criteria
established by the commission as documentation of emissions.
  '  { - (f) - }   { + (e) + } The rules adopted under this
section shall require an additional fee for failure to pay,
substantial underpayment  { + of + } or late payment of emission
fees.
  '  { +  (3) The commission shall establish by rule the size
fraction of total particulates subject to emission fees as
particulates under this section. + }
  '  { - (3) - }   { + (4) + } As used in this section:
  ' (a) 'Regulated pollutant'   { - has the meaning given in
section 502(b) of the Clean Air Act - }   { + means particulates,
volatile organic compounds, oxides of nitrogen, and sulfur
dioxide + }; and
  ' (b) 'Consumer Price Index' has the meaning given in
  { - section 502(b) of the Clean Air Act. - }  { +  42 U.S.C.
7661a(b), as in effect on the effective date of this 2007
Act. + }
  '  { +  SECTION 2. + }  { +  Section 3 of this 2007 Act is
added to and made a part of ORS 468A.300 to 468A.330. + }
  '  { +  SECTION 3. + }  { +  (1) Prior to the adoption,
amendment or repeal of any rule pursuant to ORS chapter 183 that
applies to any facility required to pay fees under ORS 468A.315,
the Environmental Quality Commission shall include with the
notice of intended action required under ORS 183.335 (1) a
statement of whether the intended action imposes requirements in
addition to the applicable federal requirements and, if so, shall
include a written explanation of:
  ' (a) The commission's scientific, economic, technological,
administrative or other reasons for exceeding applicable federal
requirements; and
  ' (b) Any alternatives the commission considered and the
reasons that the alternatives were not pursued.
  ' (2) The statement provided by the commission under subsection
(1) of this section shall be based upon information available to
the commission at the time the commission prepares the written
explanation.
  ' (3) Notwithstanding ORS 183.335 (3), an opportunity for an
oral hearing before the commission regarding the statement
specified in subsections (1) and (2) of this section shall be
granted only if:
  ' (a) The request for a hearing is received, within 14 days
after the commission issues the notice of intended action
required under ORS 183.335 (1), from 10 persons or from an
association having no fewer than 10 members; and
  ' (b) The request describes how the persons or association that
made the request will be directly harmed by the adoption,
amendment or repeal of a rule under subsection (1) of this
section.
  ' (4) If an oral hearing is granted under subsection (3) of
this section, the commission shall give notice of the hearing at
least 14 days before the hearing to the persons or association
requesting the hearing, to any persons who have requested notice
pursuant to ORS 183.335 (8) and to the persons specified in ORS
183.335 (15).
  ' (5) Subsection (3) of this section does not apply if the
commission includes with the notice of intended action required
under ORS 183.335 (1) a notice that an oral hearing will be held
before the commission.
  ' (6) The provisions of this section do not apply to temporary
rules adopted by the commission under ORS 183.335 (5). + }
  '  { +  SECTION 4. + }  { + (1) The amendments to ORS 468A.315
(1)(a) by section 1 of this 2007 Act apply only to emission fees
assessed for calendar years beginning on or after January 1,
2006.
  ' (2) The amendments to ORS 468A.315 (1)(c) by section 1 of
this 2007 Act apply only to base fees assessed on or after July
1, 2007.
  ' (3) If this 2007 Act becomes effective after July 1, 2007,
the Department of Environmental Quality shall issue a
supplemental billing for the additional fees owing under ORS
468A.315 (1)(a) and (c), as amended by section 1 of this 2007
Act, for fees assessed between July 1, 2007, and the effective
date of this 2007 Act. + }
  '  { +  SECTION 5. + }  { + This 2007 Act being necessary for
the immediate preservation of the public peace, health and
safety, an emergency is declared to exist, and this 2007 Act
takes effect on its passage. + } ' .
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