74th OREGON LEGISLATIVE ASSEMBLY--2007 Regular Session
 
SA to SB 235
 
LC 806/SB 235-1
 
                      SENATE AMENDMENTS TO
                         SENATE BILL 235
 
        By COMMITTEE ON ENVIRONMENT AND NATURAL RESOURCES
 
                            April 25
 
  On page 1 of the printed bill, delete lines 5 through 29.
  On page 2, delete lines 1 and 2 and insert:
  '  { +  SECTION 2. + }  { + (1) The Environmental Quality
Commission and the State Department of Agriculture shall enter
into a memorandum of understanding that addresses the
administration and enforcement of air quality laws contained in
this chapter that apply to agricultural operations and equipment.
The terms of the memorandum of understanding must be consistent
with the obligations of this state under the federal Clean Air
Act (P.L. 88-206 as amended) and the purposes described in ORS
468A.305. Subject to the terms of the memorandum of understanding
and to oversight by the Department of Environmental Quality, the
State Department of Agriculture may perform any function of the
Department of Environmental Quality under this chapter that
relates to air quality, including but not limited to the issuance
of permits, establishment of fees, entry and inspection of
premises and the assessment of civil penalties.
  ' (2) The Environmental Quality Commission and the State
Department of Agriculture shall consider the following when
entering into a memorandum of understanding under subsection (1)
of this section:
  ' (a) Cooperation with private and public entities associated
with agriculture in program research, development and
implementation.
  ' (b) Program flexibility.
  ' (c) The use of voluntary measures, including education,
demonstration projects and incentives, if practicable and
reasonably expected to be effective in helping to carry out
regulatory requirements.
  ' (d) The diverse nature of agricultural operations and the
importance of, and public interest in, the agricultural
production of food, fiber and other products.
  ' (e) The desirability of having the State Department of
Agriculture serve as the lead agency responsible for the
administration of programs relating to agriculture.
  ' (f) The importance of, and public interest in, the protection
of human health and the environment, including the protection of
natural resources in special areas of the state designated for
their outstanding scenery and historical and cultural importance.
  ' (3) In adopting rules subject to the memorandum of
understanding required by subsection (1) of this section, the
Environmental Quality Commission and the State Department of
Agriculture shall consult with each other. + }
  '  { +  SECTION 3. + }  { + (1) No later than January 2, 2008,
the Environmental Quality Commission shall initiate rulemaking to
adopt rules:
  ' (a) To establish an ambient air quality standard for hydrogen
sulfide to protect human health and the environment with an
adequate margin of safety.
 
  ' (b) To control air pollution from large concentrated animal
feeding operations, including but not limited to pollution by
ammonia and hydrogen sulfide.
  ' (c) To define 'large concentrated animal feeding operation '
as used in the rules of the commission.
  ' (2) The commission shall complete the adoption of rules under
this section in time for the rules to become effective on or
before June 1, 2008. + } ' .
  In line 3, delete '3' and insert '4'.
  Delete lines 12 through 14.
  In line 15, delete '468A.330,' and begin a new paragraph and
insert '(1) Except as provided in subsection (2) of this
section,'.
  In line 16, delete '(1)' and insert '(a)'.
  In line 17, delete '(a)' and insert '(A)'.
  In line 18, delete '(b)' and insert '(B)'.
  In line 19, delete '(c)' and insert '(C)'.
  In line 20, delete '(d)' and insert '(D)'.
  In line 21, delete '(e)' and insert '(E)'.
  In line 22, delete '(f)' and insert '(F)'.
  In line 24, delete '(2)' and insert '(b)'.
  In line 26, restore '(c)' and delete '(3)'.
  In line 28, delete '(4)' and insert '(d)'.
  In line 31, delete '(5)' and insert '(e)'.
  In line 35, delete '(6)' and insert '(f)'.
  After line 43, insert:
  ' (2) Subsection (1) of this section does not apply to the
extent:
  ' (a) Otherwise provided in ORS 468A.555 to 468A.620, 468A.992,
476.380 and 478.960 and section 2 of this 2007 Act;
  ' (b) Necessary to implement the federal Clean Air Act (P.L.
88-206 as amended) under ORS 468A.025, 468A.030, 468A.035,
468A.040, 468A.045 and 468A.300 to 468A.330; or
  ' (c) Necessary to protect and enhance air quality in the
Columbia River Gorge National Scenic Area or in any area that has
been designated or redesignated as a Class I area under the
federal Clean Air Act.'.
  In line 44, delete '4' and insert '5'.
  On page 3, line 30, delete '5' and insert '6'.
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