74th OREGON LEGISLATIVE ASSEMBLY--2007 Regular Session
NOTE: Matter within { + braces and plus signs + } in an
amended section is new. Matter within { - braces and minus
signs - } is existing law to be omitted. New sections are within
{ + braces and plus signs + } .
LC 823
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)
SUMMARY
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.
Increases emission fees for pollutants from, and base fees for,
major sources. Clarifies definition of 'regulated pollutant. '
Declares emergency, effective on passage.
A BILL FOR 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) 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 - }
{ + $31 + } per ton of regulated
{ - pollutant - } { + pollutants + } emitted during the prior
calendar year as determined under subsection (2) of this section.
{ - (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, subject to increases as set forth in subparagraph
(D) of this paragraph - } { + $3,100 + }.
{ - (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. { - 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. { + (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 3. { + 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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