74th OREGON LEGISLATIVE ASSEMBLY--2007 Regular Session
Enrolled
Senate Bill 107
Printed pursuant to Senate Interim Rule 213.28 by order of the
President of the Senate in conformance with presession filing
rules, indicating neither advocacy nor opposition on the part
of the President (at the request of Governor Theodore R.
Kulongoski for Department of Environmental Quality)
CHAPTER ................
AN ACT
Relating to emission fees for major sources; creating new
provisions; amending ORS 468A.315; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
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.
Enrolled Senate Bill 107 (SB 107-A) Page 1
{ - (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
Enrolled Senate Bill 107 (SB 107-A) Page 2
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
Enrolled Senate Bill 107 (SB 107-A) Page 3
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. + }
----------
Passed by Senate May 14, 2007
...........................................................
Secretary of Senate
...........................................................
President of Senate
Passed by House June 5, 2007
...........................................................
Speaker of House
Enrolled Senate Bill 107 (SB 107-A) Page 4
Received by Governor:
......M.,............., 2007
Approved:
......M.,............., 2007
...........................................................
Governor
Filed in Office of Secretary of State:
......M.,............., 2007
...........................................................
Secretary of State
Enrolled Senate Bill 107 (SB 107-A) Page 5