Chapter 468A —
Air Quality
2011 EDITION
AIR QUALITY
PUBLIC HEALTH AND SAFETY
AIR POLLUTION CONTROL
468A.005 Definitions
for air pollution laws
468A.010 Policy
468A.015 Purpose
of air pollution laws
468A.020 Application
of air pollution laws
468A.025 Air
purity standards; air quality standards; treatment and control of emissions;
rules
468A.030 When
liability for violation not applicable
468A.035 General
comprehensive plan
468A.040 Permits;
rules
468A.045 Activities
prohibited without permit; limit on activities with permit
468A.050 Classification
of air contamination sources; registration and reporting of sources; rules;
fees
468A.055 Notice
prior to construction of new sources; order authorizing or prohibiting
construction; effect of no order; appeal
468A.060 Duty
to comply with laws, rules and standards
468A.065 Furnishing
copies of rules and standards to building permit issuing agencies
468A.070 Measurement
and testing of contamination sources; rules
468A.075 Variances
from air contamination rules and standards; delegation to local governments;
notices
468A.080 Air
and water pollution control permit for geothermal well drilling and operation;
enforcement authority of director
468A.085 Residential
open burning of vegetative debris; rules; local government authority
REGIONAL AIR QUALITY CONTROL AUTHORITIES
468A.100 Definitions
for ORS 468A.010 and 468A.100 to 468A.180
468A.105 Formation
of regional air quality control authorities
468A.110 Waiver
of population requirements
468A.115 Nature
of authority
468A.120 Board
of directors; term
468A.125 Board
where population requirement waived
468A.130 Advisory
committee; duties; members; term; chairperson; meetings
468A.135 Function
of authority; rules
468A.140 Assumption,
retention and transfer of control over classes of air contamination sources
468A.145 Contract
for commission to retain authority under ORS 468A.135
468A.150 Conduct
of public hearings; entry of orders
468A.155 Rules
authorizing regional permit programs
468A.160 Expansion
or dissolution of authority
468A.165 Compliance
with state standards required; hearing; notice
468A.170 Payment
of costs of services to authority by state
468A.175 State
aid
468A.180 Payment
of certain court costs not required
CLIMATE CHANGE
(Oregon Global Warming Commission)
468A.200 Legislative
findings
468A.205 Policy;
greenhouse gas emissions reduction goals
468A.210 Definitions
for ORS 352.247 and 468A.200 to 468A.260
468A.215 Oregon
Global Warming Commission; appointment; term; vacancies; expenses of members
468A.220 Ex
officio nonvoting members
468A.225 Meetings;
quorum; support of agencies
468A.230 Rules
468A.235 Coordination
of state and local efforts to reduce greenhouse gas emissions
468A.240 Recommendations;
public comment; examination of greenhouse gas cap-and-trade systems
468A.245 Outreach
strategy
468A.250 Mandate
of Oregon Global Warming Commission
468A.255 Citizen
advisory groups
468A.260 Report
to Legislative Assembly
(Miscellaneous)
468A.270 Motor
vehicle pollution control systems; definitions; rules; exceptions
(Temporary provisions relating to low
carbon fuel standards and reports to Legislative Assembly
are compiled as notes following ORS
468A.270)
468A.280 Electricity;
fossil fuels; registration and reporting requirements; rules
468A.290 Oregon
Climate Corps; long-term plan; grants and donations
468A.292 Oregon
Climate Corps Fund
FEDERAL OPERATING PERMIT PROGRAM
468A.300 Definitions
for federal operating permit program
468A.305 Purpose
468A.310 Federal
operating permit program approval; rules; content of plan
468A.315 Emission
fees for major sources; base fees; basis of fees; rules
468A.320 Accountability
for costs of program
468A.325 Priority
of department work schedule
468A.327 Requirement
for adoption, amendment or repeal of rules; oral hearing
468A.330 Small
Business Stationary Source Technical and Environmental Compliance Assistance
Program
MOTOR VEHICLE POLLUTION CONTROL
468A.350 Definitions
for ORS 468A.350 to 468A.400
468A.355 Legislative
findings
468A.360 Motor
vehicle emission and noise standards; copy to Department of Transportation
468A.363 Purpose
of ORS 468A.363, 468A.365, 468A.400 and 815.300
468A.365 Certification
of motor vehicle pollution control systems and inspection of motor vehicles;
rules
468A.370 Cost-effective
inspection program; contracts for inspections
468A.375 Notice
to state agencies concerning certifications
468A.380 Licensing
of personnel and equipment; certification of motor vehicles; rules
468A.385 Determination
of compliance of motor vehicles
468A.387 Operating
schedules for testing stations
468A.390 Designation
of areas of the state subject to motor vehicle emission inspection program;
rules
468A.395 Bond
or letter of credit; remedy against person licensed under ORS 468A.380;
cancellation of license
468A.400 Fees;
collection; use
468A.405 Authority
to limit motor vehicle operation and traffic; rules
468A.410 Administration
and enforcement of rules adopted under ORS 468A.405
468A.415 Legislative
findings
468A.420 Oxygenated
motor vehicle fuels; when required by rule
468A.455 Police
enforcement
SOLID FUEL BURNING DEVICES
468A.460 Policy
468A.465 Certification
requirements for new solid fuel burning devices; rules
468A.467 Prohibition
on burning certain materials in solid fuel burning devices
468A.485 Definitions
for ORS 468A.460 to 468A.515
468A.490 Residential
Solid Fuel Heating Air Quality Improvement Fund; uses
468A.495 Prohibition
on installation of used solid fuel burning devices; exceptions; rules
468A.500 Prohibition
on sale of noncertified solid fuel burning devices; rules
468A.505 Removal;
exceptions; confirmation of removal; rules
468A.515 Residential
solid fuel heating curtailment program requirements; exemptions; rules
FIELD BURNING AND PROPANE FLAMING
468A.550 Definitions
for ORS 468A.550 to 468A.620 and 468A.992
468A.555 Policy
to reduce open field burning
468A.560 Applicability
of open field burning, propane flaming and stack and pile burning statutes
468A.565 Use
of certified alternative thermal field sanitizer
468A.570 Classification
of atmospheric conditions; marginal day
468A.575 Permits
for open burning, propane flaming or stack or pile burning; rules
468A.580 Permits;
inspections; planting restrictions; civil penalty
468A.585 Memorandum
of understanding with State Department of Agriculture
468A.590 Duties
of State Department of Agriculture
468A.595 Commission
rules to regulate burning pursuant to ORS 468A.550 to 468A.620
468A.597 Duty
to dispose of straw
468A.600 Standards
of practice and performance
468A.605 Duties
of Department of Environmental Quality
468A.610 Acreage
permitted to be open burned, propane flamed or stack or pile burned;
exceptions; fees; rules
468A.612 Field
burning prohibition in critical nonburn areas; rules
468A.615 Registration
of acreage to be burned; fees; rules
468A.620 Experimental
field sanitization; rules
CHLOROFLUOROCARBONS AND HALON CONTROL
468A.625 Definitions
for ORS 468A.630 to 468A.645
468A.630 Legislative
findings
468A.635 Restrictions
on sale, installation and repairing of items containing chlorofluorocarbons and
halon; rules
468A.640 Department
program to reduce use of and recycle compounds
468A.645 State
Fire Marshal; program; halons; guidelines
AEROSOL SPRAY CONTROL
468A.650 Legislative
findings
468A.655 Prohibition
on sale or promotion; exemption for medical use
468A.660 Wholesale
transactions permitted
ASBESTOS ABATEMENT PROJECTS
468A.700 Definitions
for ORS 468A.700 to 468A.760
468A.705 Legislative
findings
468A.707 Asbestos
abatement program; rules; contractor licensing; worker certification
468A.710 License
required for asbestos abatement project
468A.715 Licensed
contractor required; exception
468A.720 Qualifications
for license; application
468A.725 Grounds
for license suspension or revocation
468A.730 Worker
certificate required; qualifications; renewal application; suspension or
revocation
468A.735 Alternatives
to protection requirements; approval
468A.740 Accreditation
requirements; rules
468A.745 Rules;
variances; training; standards; procedures
468A.750 Fee
schedule; waiver; disposition
468A.755 Exemptions
468A.760 Content
of bid advertisement
INDOOR AIR POLLUTION CONTROL
468A.775 Indoor
air quality sampling; accreditation and certification programs
468A.780 Schedule
of fees; accreditation and certification programs
468A.785 Pilot
programs
AGRICULTURAL OPERATIONS AND EQUIPMENT
468A.790 Memorandum
of understanding with State Department of Agriculture; rules
DIESEL ENGINES
468A.793 Goal
to reduce excess lifetime risk of cancer due to exposure to diesel engine
emissions
468A.795 Definitions
468A.796 School
buses; retrofitting of engines; replacement
468A.797 Standards
for certified cost of qualifying repower or retrofit; rules
468A.799 Standards
for qualifying repower of nonroad diesel engine or retrofit of diesel engine;
rules
468A.801 Clean
Diesel Engine Fund; interest
468A.803 Uses
of Clean Diesel Engine Fund; rules
EMISSION REDUCTION CREDIT BANKS
468A.820 Community
emission reduction credit banks; establishment; rules; credits
PENALTIES
468A.990 Penalties
for air pollution offenses
468A.992 Civil
penalties for open field burning violations
AIR POLLUTION CONTROL
468A.005 Definitions for air pollution
laws. As used in ORS chapters 468, 468A and
468B, unless the context requires otherwise:
(1)
“Air-cleaning device” means any method, process or equipment which removes,
reduces or renders less noxious air contaminants prior to their discharge in
the atmosphere.
(2)
“Air contaminant” means a dust, fume, gas, mist, odor, smoke, vapor, pollen,
soot, carbon, acid or particulate matter or any combination thereof.
(3)
“Air contamination” means the presence in the outdoor atmosphere of one or more
air contaminants which contribute to a condition of air pollution.
(4)
“Air contamination source” means any source at, from, or by reason of which
there is emitted into the atmosphere any air contaminant, regardless of who the
person may be who owns or operates the building, premises or other property in,
at or on which such source is located, or the facility, equipment or other
property by which the emission is caused or from which the emission comes.
(5)
“Air pollution” means the presence in the outdoor atmosphere of one or more air
contaminants, or any combination thereof, in sufficient quantities and of such
characteristics and of a duration as are or are likely to be injurious to
public welfare, to the health of human, plant or animal life or to property or
to interfere unreasonably with enjoyment of life and property throughout such
area of the state as shall be affected thereby.
(6)
“Area of the state” means any city or county or portion thereof or other
geographical area of the state as may be designated by the Environmental
Quality Commission. [Formerly 468.275; 2009 c.387 §13]
468A.010 Policy.
(1) In the interest of the public health and welfare of the people, it is
declared to be the public policy of the State of Oregon:
(a)
To restore and maintain the quality of the air resources of the state in a
condition as free from air pollution as is practicable, consistent with the
overall public welfare of the state.
(b)
To provide for a coordinated statewide program of air quality control and to
allocate between the state and the units of local government responsibility for
such control.
(c)
To facilitate cooperation among units of local government in establishing and
supporting air quality control programs.
(2)
The program for the control of air pollution in this state shall be undertaken
in a progressive manner, and each of its successive objectives shall be sought
to be accomplished by cooperation and conciliation among all the parties
concerned. [Formerly 449.765 and then 468.280]
468A.015 Purpose of air pollution laws.
It is the purpose of the air pollution laws contained in ORS 448.305, 454.010
to 454.040, 454.205 to 454.255, 454.505 to 454.535, 454.605 to 454.755 and ORS
chapters 468, 468A and 468B to safeguard the air resources of the state by
controlling, abating and preventing air pollution under a program which shall
be consistent with the declaration of policy in this section and with ORS
468A.010. [Formerly 449.770 and then 468.285]
468A.020 Application of air pollution
laws. (1) Except as provided in subsection
(2) of this section, the air quality laws contained in ORS chapters 468, 468A
and 468B do not apply to:
(a)
Agricultural operations, including but not limited to:
(A)
Growing or harvesting crops;
(B)
Raising fowl or animals;
(C)
Clearing or grading agricultural land;
(D)
Propagating and raising nursery stock;
(E)
Propane flaming of mint stubble; and
(F)
Stack or pile burning of residue from Christmas trees, as defined in ORS
571.505, during the period beginning October 1 and ending May 31 of the
following year.
(b)
Equipment used in agricultural operations, except boilers used in connection
with propagating and raising nursery stock.
(c)
Barbecue equipment used in connection with any residence.
(d)
Heating equipment in or used in connection with residences used exclusively as
dwellings for not more than four families, except solid fuel burning devices,
as defined in ORS 468A.485, that are subject to regulation under this section
and ORS 468A.140 and 468A.460 to 468A.515.
(e)
Fires set or permitted by any public agency when such fire is set or permitted
in the performance of its official duty for the purpose of weed abatement,
prevention or elimination of a fire hazard, or instruction of employees in the
methods of fire fighting, which in the opinion of the agency is necessary.
(f)
Fires set pursuant to permit for the purpose of instruction of employees of
private industrial concerns in methods of fire fighting, or for civil defense
instruction.
(2)
Subsection (1) of this section does not apply to the extent:
(a)
Otherwise provided in ORS 468A.555 to 468A.620, 468A.790, 468A.992, 476.380 and
478.960;
(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 for the Environmental Quality Commission, in the commission’s
discretion, to implement a recommendation of the Task Force on Dairy Air
Quality created under section 3, chapter 799, Oregon Laws 2007, for the
regulation of dairy air contaminant emissions. [Formerly 468.290; 1997 c.473 §2;
1999 c.439 §1; 2007 c.799 §4; 2009 c.387 §14]
468A.025 Air purity standards; air quality
standards; treatment and control of emissions; rules.
(1) By rule the Environmental Quality Commission may establish areas of the
state and prescribe the degree of air pollution or air contamination that may
be permitted therein, as air purity standards for such areas.
(2)
In determining air purity standards, the commission shall consider the
following factors:
(a)
The quality or characteristics of air contaminants or the duration of their
presence in the atmosphere which may cause air pollution in the particular area
of the state;
(b)
Existing physical conditions and topography;
(c)
Prevailing wind directions and velocities;
(d)
Temperatures and temperature inversion periods, humidity, and other atmospheric
conditions;
(e)
Possible chemical reactions between air contaminants or between such air
contaminants and air gases, moisture or sunlight;
(f)
The predominant character of development of the area of the state, such as
residential, highly developed industrial area, commercial or other
characteristics;
(g)
Availability of air-cleaning devices;
(h)
Economic feasibility of air-cleaning devices;
(i)
Effect on normal human health of particular air contaminants;
(j)
Effect on efficiency of industrial operation resulting from use of air-cleaning
devices;
(k)
Extent of danger to property in the area reasonably to be expected from any
particular air contaminants;
(L)
Interference with reasonable enjoyment of life by persons in the area which can
reasonably be expected to be affected by the air contaminants;
(m)
The volume of air contaminants emitted from a particular class of air
contamination source;
(n)
The economic and industrial development of the state and continuance of public
enjoyment of the state’s natural resources; and
(o)
Other factors which the commission may find applicable.
(3)
The commission may establish air quality standards including emission standards
for the entire state or an area of the state. The standards shall set forth the
maximum amount of air pollution permissible in various categories of air
contaminants and may differentiate between different areas of the state,
different air contaminants and different air contamination sources or classes
thereof.
(4)
The commission shall specifically fulfill the intent of the policy under ORS
468A.010 (1)(a) as it pertains to the highest and best practicable treatment
and control of emissions from stationary sources through the adoption of rules:
(a)
To require specific permit conditions for the operation and maintenance of
pollution control equipment to the extent the Department of Environmental
Quality considers the permit conditions necessary to insure that pollution
control equipment is operated and maintained at the highest reasonable
efficiency and effectiveness level.
(b)
To require typically achievable control technology for new, modified and
existing sources of air contaminants or precursors to air contaminants for
which ambient air quality standards are established, to the extent emission
units at the source are not subject to other emission standards for a
particular air contaminant and to the extent the department determines additional
controls on such sources are necessary to carry out the policy under ORS
468A.010 (1)(a).
(c)
To require controls necessary to achieve ambient air quality standards or
prevent significant impairment of visibility in areas designated by the
commission for any source that is a substantial cause of any exceedance or
projected exceedance in the near future of national ambient air quality
standards or visibility requirements.
(d)
To require controls necessary to meet applicable federal requirements for any
source.
(e)
Applicable to a source category, contaminant or geographic area necessary to
protect public health or welfare for air contaminants not otherwise regulated
by the commission or as necessary to address the cumulative impact of sources
on air quality.
(5)
Rules adopted by the commission under subsection (4) of this section shall be
applied to a specific stationary source only through express incorporation as a
permit condition in the permit for the source.
(6)
Nothing in subsection (4) of this section or rules adopted under subsection (4)
of this section shall be construed to limit the authority of the commission to
adopt rules, except rules addressing the highest and best practicable treatment
and control.
(7)
As used in this section, “typically achievable control technology” means the
emission limit established on a case-by-case basis for a criterion contaminant
from a particular emission unit in accordance with rules adopted under
subsection (4) of this section. For an existing source, the emission limit
established shall be typical of the emission level achieved by emission units
similar in type and size. For a new or modified source, the emission limit
established shall be typical of the emission level achieved by recently
installed, well controlled new or modified emission units similar in type and
size. Typically achievable control technology determinations shall be based on
information known to the department. In making the determination, the
department shall take into consideration pollution prevention, impacts on other
environmental media, energy impacts, capital and operating costs, cost
effectiveness and the age and remaining economic life of existing emission
control equipment. The department may consider emission control technologies typically
applied to other types of emission units if such technologies can be readily
applied to the emission unit. If an emission limitation is not feasible, the
department may require a design, equipment, work practice or operational
standard or a combination thereof. [Formerly 449.785 and then 468.295; 1993
c.790 §1]
468A.030 When liability for violation not
applicable. The several liabilities which may be
imposed pursuant to ORS 448.305, 454.010 to 454.040, 454.205 to 454.255,
454.505 to 454.535, 454.605 to 454.755 and ORS chapters 468, 468A and 468B upon
persons violating the provisions of any rule, standard or order of the
Environmental Quality Commission pertaining to air pollution shall not be so
construed as to include any violation which was caused by an act of God, war,
strife, riot or other condition as to which any negligence or willful
misconduct on the part of such person was not the proximate cause. [Formerly
449.825 and then 468.300]
468A.035 General comprehensive plan.
Subject to policy direction by the Environmental Quality Commission, the
Department of Environmental Quality shall prepare and develop a general
comprehensive plan for the control or abatement of existing air pollution and
for the control or prevention of new air pollution in any area of the state in
which air pollution is found already existing or in danger of existing. The
plan shall recognize varying requirements for different areas of the state. [Formerly
449.782 and then 468.305]
468A.040 Permits; rules.
(1) By rule the Environmental Quality Commission may require permits for air
contamination sources classified by type of air contaminants, by type of air
contamination source or by area of the state. The permits shall be issued as
provided in ORS 468.065. A permit subject to the federal operating permit
program shall be issued in accordance with the rules adopted under ORS
468A.310.
(2)
If a request for review of the final Department of Environmental Quality
action, or any part thereof, is made on an application for a permit issued
under the federal operating permit program established under ORS 468A.310 in
accordance with the rules adopted by the commission, the effect of the
contested conditions and any conditions that are not severable from those
contested shall be stayed upon a showing that compliance with the contested
conditions during the pendency of the appeal would require substantial
expenditures or losses that would not be incurred if the permittee prevails on
the merits of the review and there exists a reasonable likelihood of success on
the merits. The department may require that the contested conditions not be
stayed if the department finds that substantial endangerment of public health
or welfare would result from the staying of the conditions.
(3)
Any source under an existing permit shall:
(a)
Comply with the conditions of the existing permit during any modification or
reissuance proceeding; and
(b)
To the extent conditions of any new or modified permit are stayed under
subsection (2) of this section, comply with the conditions of the existing
permit that correspond to the stayed conditions, unless compliance would be
technologically incompatible with compliance with other conditions of the new
or modified permit that have not been stayed.
(4)
For purposes of this section, a small scale local energy project, as defined in
ORS 470.050 (27)(a), located in a maintenance area or nonattainment area, and
any infrastructure related to that project located in the same area, is
considered to provide a net air quality benefit to the extent required by this
chapter if the project provides reductions in each air contaminant in the
maintenance area or nonattainment area equal to the ratio specified in rules
adopted by the commission, unless the department determines that the project
will pose a material threat to compliance with air quality standards in the
maintenance area or nonattainment area.
(5)
As used in this section:
(a)
“Maintenance area” has the meaning given that term in rules adopted by the
commission.
(b)
“Nonattainment area” has the meaning given that term in rules adopted by the
commission. [Formerly 449.727 and then 468.310; 2009 c.519 §1]
468A.045 Activities prohibited without
permit; limit on activities with permit. (1) Without
first obtaining a permit pursuant to ORS 468.065, 468A.040 or 468A.155, no
person shall:
(a)
Discharge, emit or allow to be discharged or emitted any air contaminant for
which a permit is required under ORS 468A.040 into the outdoor atmosphere from
any air contamination source.
(b)
Construct, install, establish, develop, modify, enlarge or operate any air
contamination source for which a permit is required under ORS 468A.040.
(2)
No person shall increase in volume or strength discharges or emissions from any
air contamination source for which a permit is required under ORS 468A.040 in
excess of the permissive discharges or emission specified under an existing
permit. [Formerly 449.731 and then 468.315]
468A.050 Classification of air
contamination sources; registration and reporting of sources; rules; fees.
(1) By rule the Environmental Quality Commission may classify air contamination
sources according to levels and types of emissions and other characteristics
which cause or tend to cause or contribute to air pollution and may require
registration or reporting or both for any such class or classes.
(2)
Any person in control of an air contamination source of any class for which
registration and reporting is required under subsection (1) of this section
shall register with the Department of Environmental Quality and make reports
containing such information as the commission by rule may require concerning
location, size and height of air contaminant outlets, processes employed, fuels
used and the amounts, nature and duration of air contaminant emissions and such
other information as is relevant to air pollution.
(3)
By rule the commission may establish a schedule of fees for the registration of
any class of air contamination sources classified pursuant to subsection (1) of
this section for which a person is required to obtain a permit under ORS
468A.040 or 468A.155 but chooses instead to register if allowed by the
commission by rule. The commission shall base the fees on the anticipated cost
of developing and implementing programs related to the different classes,
including but not limited to the cost of processing registrations, compliance
inspections and enforcement. A registration must be accompanied by any fee
specified by the commission by rule, and a subsequent annual registration fee
is payable as prescribed by rule of the commission.
(4)(a)
By rule the commission may establish a schedule of fees for reporting of any
class of air contamination sources classified pursuant to subsection (1) of
this section for which a person is required to obtain permits under ORS
468A.040 or 468A.155 or is subject to the federal operating permit program
pursuant to ORS 468A.310.
(b)
Before establishing fees pursuant to this subsection, the commission shall
consider the total fees for each class of sources subject to reporting under
this subsection and for which permits are required under ORS 468A.040 or
468A.155 or the federal operating permit program under ORS 468A.315.
(c)
The commission shall limit the fees established under this subsection to the
anticipated cost of developing and implementing reporting programs. Any fees
collected under this subsection for any air contamination source issued a
permit under ORS 468A.040 or 468A.155 or sources subject to the federal
operating permit program under ORS 468A.310 must be collected as part of the
fee for that specific permit. [Formerly 449.707 and then 468.320; 2009 c.389 §1]
468A.055 Notice prior to construction of
new sources; order authorizing or prohibiting construction; effect of no order;
appeal. (1) The Environmental Quality
Commission may require notice prior to the construction of new air
contamination sources specified by class or classes in its rules or standards
relating to air pollution.
(2)
Within 30 days of receipt of such notice, the commission may require, as a
condition precedent to approval of the construction, the submission of plans
and specifications. After examination thereof, the commission may request
corrections and revisions to the plans and specifications. The commission may
also require any other information concerning air contaminant emissions as is
necessary to determine whether the proposed construction is in accordance with
the provisions of ORS 448.305, 454.010 to 454.040, 454.205 to 454.255, 454.505
to 454.535, 454.605 to 454.755 and ORS chapters 468, 468A and 468B and
applicable rules or standards adopted pursuant thereto.
(3)
If the commission determines that the proposed construction is in accordance
with the provisions of ORS 448.305, 454.010 to 454.040, 454.205 to 454.255,
454.505 to 454.535, 454.605 to 454.755 and ORS chapters 468, 468A and 468B and
applicable rules or standards adopted pursuant thereto, it shall enter an order
approving such construction. If the commission determines that the construction
does not comply with the provisions of ORS 448.305, 454.010 to 454.040, 454.205
to 454.255, 454.505 to 454.535, 454.605 to 454.755 and ORS chapters 468, 468A
and 468B and applicable rules or standards adopted pursuant thereto, it shall
notify the applicant and enter an order prohibiting the construction.
(4)
If within 60 days of the receipt of plans, specifications or any subsequently
requested revisions or corrections to the plans and specifications or any other
information required pursuant to this section, the commission fails to issue an
order, the failure shall be considered a determination that the construction
may proceed except where prohibited by federal law. The construction must
comply with the plans, specifications and any corrections or revisions thereto
or other information, if any, previously submitted.
(5)
Any person against whom the order is directed may, within 20 days from the date
of mailing of the order, demand a hearing. The demand shall be in writing,
shall state the grounds for hearing and shall be mailed to the Director of the
Department of Environmental Quality. The hearing shall be conducted pursuant to
the applicable provisions of ORS chapter 183.
(6)
The commission may delegate its duties under subsections (2) to (4) of this section
to the Director of the Department of Environmental Quality. If the commission
delegates its duties under this section, any person against whom an order of
the director is directed may demand a hearing before the commission as provided
in subsection (5) of this section.
(7)
For the purposes of this section, “construction” includes installation and
establishment of new air contamination sources. Addition to or enlargement or
replacement of an air contamination source, or any major alteration or modification
therein that significantly affects the emission of air contaminants shall be
considered as construction of a new air contamination source. [Formerly
468.325; 1993 c.790 §4]
468A.060 Duty to comply with laws, rules
and standards. Any person who complies with the
provisions of ORS 468A.055 and receives notification that construction may
proceed in accordance therewith is not thereby relieved from complying with any
other applicable law, rule or standard. [Formerly 449.739 and then 468.330]
468A.065 Furnishing copies of rules and
standards to building permit issuing agencies.
Whenever under the provisions of ORS 468A.050 to 468A.070 rules or standards
are adopted by either the Environmental Quality Commission or a regional
authority, the commission or regional authority shall furnish to all building
permit issuing agencies within its jurisdiction copies of such rules and
standards. [Formerly 449.722 and then 468.335]
468A.070 Measurement and testing of contamination
sources; rules. (1) Pursuant to rules adopted by
the Environmental Quality Commission, the Department of Environmental Quality
shall establish a program for measurement and testing of contamination sources
and may perform such sampling or testing or may require any person in control
of an air contamination source to perform the sampling or testing, subject to
the provisions of subsections (2) to (4) of this section. Whenever samples of
air or air contaminants are taken by the department for analysis, a duplicate
of the analytical report shall be furnished promptly to the person owning or
operating the air contamination source.
(2)
The department may require any person in control of an air contamination source
to provide necessary holes in stacks or ducts and proper sampling and testing
facilities, as may be necessary and reasonable for the accurate determination
of the nature, extent, quantity and degree of air contaminants which are
emitted as the result of operation of the source.
(3)
All sampling and testing shall be conducted in accordance with methods used by
the department or equivalent methods of measurement acceptable to the
department.
(4)
All sampling and testing performed under this section shall be conducted in
accordance with applicable safety rules and procedures established by law. [Formerly
449.702 and then 468.340]
468A.075 Variances from air contamination
rules and standards; delegation to local governments; notices.
(1) The Environmental Quality Commission may grant specific variances which may
be limited in time from the particular requirements of any rule or standard to
such specific persons or class of persons or such specific air contamination
source, upon such conditions as it may consider necessary to protect the public
health and welfare. The commission shall grant such specific variance only if
it finds that strict compliance with the rule or standard is inappropriate
because:
(a)
Conditions exist that are beyond the control of the persons granted such
variance; or
(b)
Special circumstances render strict compliance unreasonable, burdensome or
impractical due to special physical conditions or cause; or
(c)
Strict compliance would result in substantial curtailment or closing down of a
business, plant or operation; or
(d)
No other alternative facility or method of handling is yet available.
(2)
The commission may delegate the power to grant variances to legislative bodies
of local units of government or regional air quality control authorities in any
area of the state on such general conditions as it may find appropriate.
However, if the commission delegates authority to grant variances to a regional
authority, the commission shall not grant similar authority to any city or
county within the territory of the regional authority.
(3)
A copy of each variance granted, renewed or extended by a local governmental
body or regional authority shall be filed with the commission within 15 days
after it is granted. The commission shall review the variance and the reasons
therefor within 60 days of receipt of the copy and may approve, deny or modify
the variance terms. Failure of the commission to act on the variance within the
60-day period shall be considered a determination that the variance granted by
the local governmental body or regional authority is approved by the commission.
(4)
In determining whether or not a variance shall be granted, the commission or
the local governmental body or regional authority shall consider the equities
involved and the advantages and disadvantages to residents and to the person
conducting the activity for which the variance is sought.
(5)
A variance may be revoked or modified by the grantor thereof after a public
hearing held upon not less than 10 days’ notice. Such notice shall be served
upon all persons who the grantor knows will be subjected to greater
restrictions if such variance is revoked or modified, or are likely to be
affected or who have filed with such grantor a written request for such
notification. [Formerly 449.810 and then 468.345]
468A.080 Air and water pollution control
permit for geothermal well drilling and operation; enforcement authority of
director. (1) Upon issuance of a permit pursuant
to ORS 522.115, the Director of the Department of Environmental Quality shall
accept applications for such appropriate permits under air and water pollution
control laws as are necessary for the drilling of a geothermal well for which
the permit has been issued and shall, within 30 days, act upon such
application.
(2)
The director shall continue to exercise enforcement authority over a permit
issued pursuant to this section; and shall have primary responsibility in
carrying out the policy set forth in ORS 468A.010, 468B.015 and rules adopted
pursuant to ORS 468B.030, for air and water pollution control at geothermal
wells which have been unlawfully abandoned, unlawfully suspended, or completed.
[Formerly 468.350]
468A.085 Residential open burning of
vegetative debris; rules; local government authority.
(1) The Environmental Quality Commission shall establish by rule periods during
which open burning of vegetative debris from residential yard cleanup shall be
allowed or disallowed based on daily air quality and meteorological conditions
as determined by the Department of Environmental Quality.
(2)
After June 30, 1982, the commission may prohibit residential open burning in
areas of the state if the commission finds:
(a)
Such prohibition is necessary in the area affected to meet air quality
standards; and
(b)
Alternate disposal methods are reasonably available to a substantial majority of
the population in the affected area.
(3)(a)
Nothing in this section prevents a local government from taking any of the
following actions if that governmental entity otherwise has the power to do so:
(A)
Prohibiting residential open burning;
(B)
Allowing residential open burning on fewer days than the number of days on
which residential open burning is authorized by the commission; or
(C)
Taking other action that is more restrictive of residential open burning than a
rule adopted by the commission under this section.
(b)
Nothing in this section affects any local government ordinance, rule,
regulation or provision that:
(A)
Is more restrictive of residential open burning than a rule adopted by the
commission under this section; and
(B)
Is in effect on August 21, 1981.
(c)
As used in this subsection, “local government” means a city, county, other
local governmental subdivision or a regional air quality control authority
established under ORS 468A.105. [Formerly 468.355]
468A.095 [1995
c.746 §29; repealed by 2011 c.83 §24]
468A.096 [1995
c.746 §30; 1999 c.21 §77; repealed by 2011 c.83 §24]
468A.098 [1995
c.746 §31; 1999 c.59 §139; repealed by 2011 c.83 §24]
REGIONAL AIR QUALITY CONTROL AUTHORITIES
468A.100 Definitions for ORS 468A.010 and
468A.100 to 468A.180. As used in ORS 468A.010 and
468A.100 to 468A.180, unless the context requires otherwise:
(1)
“Board of directors” means the board of directors of a regional air quality
control authority.
(2)
“Governing body” means the county court or city legislative body.
(3)
“Participating city” or “participating county” means a city or county or part
of a county, or combination thereof, meeting the population requirements of ORS
468A.105 or having had such requirements waived under ORS 468A.110 that has
joined with other eligible cities or counties or parts of counties to form a
regional air quality control authority.
(4)
“Regional authority” means a regional air quality control authority established
under the provisions of ORS 468A.105. [Formerly 449.850 and then 468.500]
468A.105 Formation of regional air quality
control authorities. (1) Notwithstanding the
provisions of any law or charter to the contrary, a regional air quality
control authority may be formed of contiguous territory having a population of
at least 130,000 and consisting of two or more counties or parts of counties,
two or more cities, or any combination thereof, or any county and a city or
cities within the county.
(2)
A regional authority shall be formed in the following manner:
(a)
The cities and counties proposing to form a regional authority shall adopt
ordinances or resolutions specifying the name of the proposed regional
authority and setting forth the participating cities and counties, the
principal places of business and the boundaries of the proposed regional
authority; and
(b)
A certified copy of the ordinances or resolutions adopted by each city or
county shall be filed with the Secretary of State and with the Director of the
Department of Environmental Quality; and
(c)
The Environmental Quality Commission shall order the regional authority formed
if it finds that the participating governments plan adequate financing and the
boundaries of the proposed region encompass territory reasonably included
within a regional authority for purposes of air quality control.
(3)
From and after the date of issuance of the order of the commission, the
regional authority shall exercise its functions. [Formerly 449.855 and then
468.505]
468A.110 Waiver of population
requirements. The Environmental Quality Commission
may waive the population requirement of ORS 468A.105 whenever it is satisfied
that adequate financing is planned by the participating governments and that
the boundaries of the proposed region encompass territory reasonably included
within a regional authority for purposes of air quality control. [Formerly
449.857 and then 468.510]
468A.115 Nature of authority.
A regional air quality control authority is a body corporate, having perpetual
succession and may:
(1)
Sue and be sued.
(2)
Adopt a seal.
(3)
Acquire and hold real and other property necessary or incident to the exercise
of its functions and sell or otherwise dispose of such property. [Formerly
449.870 and then 468.515]
468A.120 Board of directors; term.
(1) The board of directors of a regional air quality control authority shall
consist of not fewer than five nor more than nine members, designated as
follows:
(a)
One member of the governing body of each participating county, to be designated
by the governing body of the county.
(b)
One member of the governing body of each participating city of 25,000 or more
population located within a participating county.
(c)
Where regional air pollution authorities cover only one county, one additional
member for each 35,000 population over 25,000 in a participating city, not to
exceed three members from the city, to be designated by the governing body of
the city. Any additional member designated under this paragraph may be either a
member of the governing body or a resident of the participating city.
(d)
One member of the governing body of a participating city of less than 25,000
population, to be designated jointly by the governing bodies of participating
cities, each with less than 25,000 population, located in a participating
county, but the combined population of such cities must be at least 5,500.
(e)
One or more additional members, if the board would otherwise consist of an even
number of members, or less than the minimum number required by subsection (1)
of this section, to be selected by members designated under paragraphs (a) to
(d) of this subsection, such member or members also to be a member of the
governing body or a resident of a participating city or county.
(2)
A member designated under subsection (1)(a) to (d) of this section who is a
member of a governing body shall hold office at the pleasure of the governing
body by which the member was designated. A member designated under subsection
(1)(c) of this section who is a resident of a participating city shall serve
for a term established by the appointing governing body, not to exceed four
years. Any member designated under subsection (1)(e) of this section shall
serve for a term of two years.
(3)
The term of any member shall terminate at any time:
(a)
When the member is no longer a member of the governing body of the city or
county by which the member was designated;
(b)
If appointed under subsection (1)(c) or (d) of this section, when the member is
no longer a member of the governing body of a participating city;
(c)
If designated under subsection (1)(e) of this section, when the member is no
longer a member of the governing body of a participating city or county; or
(d)
If the member is appointed as a resident under subsection (1)(c) or (e) of this
section, when the member is no longer a resident of the participating city or
county by which the member was designated. [Formerly 449.865 and then 468.520]
468A.125 Board where population
requirement waived. ORS 468A.120 applies to the
designation of the members of the board of directors of a regional air quality
control authority formed under a waiver authorized by ORS 468A.110. However,
there shall be no maximum number of members and, in lieu of the members
designated as provided in ORS 468A.120 (1)(b) to (d), members representing
cities within the region shall be designated as follows:
(1)
One member of the governing body of each participating city having a population
of 2,000 or more and located within a participating county, not to exceed five
members. If the number of such cities exceeds five, the governing bodies of the
cities described by this subsection shall jointly select five members from the
governing bodies of such cities.
(2)
One member of the governing body of a participating city of less than 2,000
population, to be designated jointly by the governing bodies of participating
cities, each having a population of less than 2,000. [Formerly 449.867 and then
468.525]
468A.130 Advisory committee; duties;
members; term; chairperson; meetings. (1) The board
of directors of the regional authority shall appoint an advisory committee
which shall advise the board in matters pertaining to the region and
particularly on methods and procedures for the protection of public health and
welfare and of property from the adverse effects of air pollution.
(2)
The advisory committee shall consist of at least seven members appointed for a
term of three years with at least one representative from each of the following
interests within the region:
(a)
Public health agencies;
(b)
Agriculture;
(c)
Industry;
(d)
Community planning;
(e)
Fire suppression agencies; and
(f)
The general public.
(3)
The advisory committee shall select a chairperson and vice chairperson and such
other officers as it considers necessary. Members shall serve without
compensation, but may be allowed actual and necessary expenses incurred in the
discharge of their duties. The committee shall meet as frequently as it or the
board of directors considers necessary.
(4)
Notwithstanding the provisions of subsection (2) of this section, the board of
directors of the regional authority shall adopt by rule a method for
establishing the initial terms of office of advisory committee members so that
the terms of office do not all expire on the same date. [Formerly 468.530]
468A.135 Function of authority; rules.
(1) When authorized to do so by the Environmental Quality Commission, a
regional authority formed under ORS 468A.105 shall exercise the functions
relating to air pollution control vested in the commission and the Department
of Environmental Quality by ORS 468.020, 468.035, 468.065, 468.070, 468.090,
468.095, 468.120, 468.140, 468A.025, 468A.040, 468A.050, 468A.055, 468A.065,
468A.070 and 468A.700 to 468A.755 insofar as such functions are applicable to
the conditions and situations of the territory within the regional authority.
The regional authority shall carry out these functions in the manner provided
for the commission and the department to carry out the same functions. Such
functions may be exercised over both incorporated and unincorporated areas
within the territory of the regional authority, regardless of whether the
governing body of a city within the territory of the region is participating in
the regional authority.
(2)
No regional authority is authorized to establish or alter areas or to adopt any
rule or standard that is less strict than any rule or standard of the
commission. The regional authority must submit to the commission for its
approval all air quality standards adopted by the regional authority prior to
enforcing any such standards.
(3)
Subject to ORS 468A.140, 468A.145 and 468A.165, when a regional authority is
exercising functions under subsection (1) of this section, the commission and
the department shall not exercise the same functions in the same territory. The
regional authority’s jurisdiction shall be exclusive. The regional authority
shall enforce rules and standards of the commission as required to do so by the
commission.
(4)
The commission and the regional authorities may regulate, limit, control or
prohibit by rule all air contamination sources not otherwise exempt within
their respective jurisdictions. However, field burning and forestland burning
shall be regulated by the commission and fire permit agencies as provided in
ORS 468A.555 to 468A.620 and 468A.992, 476.380, 477.505 to 477.562 and 478.960.
[Formerly 468.535; 1993 c.420 §1]
468A.140 Assumption, retention and
transfer of control over classes of air contamination sources.
(1) The Environmental Quality Commission may assume and retain control over any
class of air contamination source if it finds that such control is beyond the
reasonable capabilities of the regional authorities because of the complexity
or magnitude of the source.
(2)
If the commission does assume or retain control over any class of air
contamination source under subsection (1) of this section, a regional authority
may petition for the restoration or transfer of such control. If the commission
finds that the reason for its assumption or retention is no longer valid, it
may restore or transfer control over the class of air contaminants to the
regional authority. [Formerly 449.910 and then 468.540]
468A.145 Contract for commission to retain
authority under ORS 468A.135. A regional
authority may contract with the Environmental Quality Commission for the
commission to retain all or part of the authority that would otherwise be
granted to the regional authority under ORS 468A.135, subject to terms of the
contract. [Formerly 449.863 and then 468.545]
468A.150 Conduct of public hearings; entry
of orders. (1) All public hearings other than
those held prior to adoption of rules or standards shall be held by the board
of directors or before any member or members of the board of directors or a
hearing officer, as the board of directors may designate. Such hearings shall
be conducted in the manner prescribed in ORS chapter 183.
(2)
If a majority of the board of directors has conducted the hearing, it shall
enter its order within 60 days after the conclusion of the hearing. If the
hearing is conducted by a hearing officer, or by a member or members
constituting less than a majority of the board, the final decision shall be
made and entered by the board within 60 days after conclusion of the hearing if
no exceptions are filed, or within 60 days after final arguments on written
exceptions to a proposed decision are heard. [Formerly 449.890 and then
468.550]
468A.155 Rules authorizing regional permit
programs. (1) The Environmental Quality
Commission by rule may authorize regional authorities to issue permits for air
contamination sources within their areas of jurisdiction.
(2)
Permit programs established by regional authorities pursuant to subsection (1)
of this section shall:
(a)
Conform to the requirements of ORS 468.065, 468A.040, 468A.045 and 468A.300 to
468A.320;
(b)
Be subject to review and approval by the commission; and
(c)
If the permit program is a Title V program, include a provision to transfer a
portion of the permit fees imposed for the program to the Department of
Environmental Quality, sufficient to pay the expenses of the department
incurred in including the regional program in the state program and for the
department’s oversight of the regional program. [Formerly 449.883 and then 468.555;
1993 c.790 §5]
468A.160 Expansion or dissolution of
authority. (1) The territory of a regional
authority may be expanded in the manner provided for forming regions by
inclusion of an additional contiguous county or city if:
(a)
All of the governing bodies of the participating counties and cities adopt
ordinances or resolutions authorizing the inclusion of the additional
territory;
(b)
The governing body of the proposed county or city adopts such ordinance or
resolution as would be required to form a regional authority; and
(c)
The Environmental Quality Commission approves the expansion.
(2)
Any regional authority may be dissolved by written consent of the governing
bodies of all participating counties and cities. Upon dissolution, any assets
remaining after payment of all debts shall be divided among the participating
counties and cities in direct proportion to the total amount contributed by
each. However, all rules, standards and orders of the regional authority shall
continue in effect until superseded by action of the commission. [Formerly
449.900 and then 468.560; 2007 c.71 §149]
468A.165 Compliance with state standards required;
hearing; notice. (1) The Environmental Quality
Commission may require that necessary corrective measures be undertaken within
a reasonable time if, after hearing, it finds that:
(a)
A regional authority has failed to establish an adequate air quality control
program within a reasonable time after its formation; or
(b)
An air quality control program in force in the territory of a regional
authority is being administered in a manner inconsistent with the requirements
of ORS 448.305, 454.010 to 454.040, 454.205 to 454.255, 454.505 to 454.535,
454.605 to 454.755 and ORS chapters 468, 468A and 468B.
(2)
Notice of the hearing required under subsection (1) of this section shall be
sent to the regional authority not less than 30 days prior to the hearing.
(3)
If the regional authority fails to take the necessary corrective measures
within the time required, the commission shall undertake a program of
administration and enforcement of the air quality control program in the
territory of the regional authority. The program instituted by the commission
shall supersede all rules, standards and orders of the regional authority.
(4)
If, in the judgment of the commission, a regional authority is able to
requalify to exercise the functions authorized in ORS 468A.135, the commission
shall restore those functions to the regional authority and shall not exercise
the same functions in the territory of the regional authority. [Formerly
449.905 and then 468.565]
468A.170 Payment of costs of services to
authority by state. Any consultation and services
provided to regional authorities or local air quality control programs by the
Environmental Quality Commission may be paid for either from funds appropriated
to the commission or under agreements between the parties on a reimbursable
basis. [Formerly 449.915 and then 468.570]
468A.175 State aid.
(1) Subject to the availability of funds therefor:
(a)
Any air quality control program conforming to the rules of the Environmental
Quality Commission and operated by not more than one unit of local government
shall be eligible for state aid in an amount not to exceed 30 percent of the
locally funded annual operating cost thereof, not including any federal funds
to which the program may be entitled.
(b)
Any air quality control program exercising functions operated by a regional
authority shall be eligible for state aid in an amount not to exceed 50 percent
of the locally funded annual operating cost thereof, not including any federal
funds to which the program may be entitled.
(2)
Applications for state funds shall be made to the commission and funds shall be
made available under subsection (1) of this section according to the
determination of the commission. In making its determination, the commission
shall consider:
(a)
The adequacy and effectiveness of the air quality control program.
(b)
The geographic and demographic factors in the territory under the program.
(c)
The particular problems of the territory under the program.
(3)
In order to qualify for any state aid and subject to the availability of funds
therefor, the local government or the regional authority must submit all
applications for federal financial assistance to the commission before
submitting them to the federal government.
(4)
When certified by the commission, claims for state aid shall be presented for
payment in the manner that other claims against the state are paid. [Formerly
449.920 and then 468.575]
468A.180 Payment of certain court costs
not required. A regional authority shall not be
required to pay any filing, service or other fees or furnish any bond or
undertaking upon appeal or otherwise in any action or proceedings in any court
in this state in which it is a party or interested. [Formerly 449.923 and then
468.580]
CLIMATE CHANGE
(Oregon Global Warming Commission)
468A.200 Legislative findings.
The Legislative Assembly finds that:
(1)
In December 2004 the Governor’s Advisory Group on Global Warming issued its
report calling for immediate and significant action to address global warming,
to reduce Oregon’s exposure to the risks of global warming and to begin to
prepare for the effects of global warming. The advisory group also identified
46 specific recommendations for measurable reductions in the state’s greenhouse
gas emissions.
(2)
In partnership with the Governor’s advisory group, 50 scientists signed the “Scientific
Consensus Statement on the Likely Impacts of Climate Change on the Pacific
Northwest,” which examined the potential effects of climate change on
temperature, precipitation, sea level, marine ecosystems and terrestrial
ecosystems. The scientists recommended additional, improved scientific studies
and modeling of the effects of climate change on the atmosphere, oceans and
land, as well as modeling of the effects of economic and management policies.
(3)
Global warming poses a serious threat to the economic well-being, public
health, natural resources and environment of Oregon.
(4)
Oregon relies on snowpack for summer stream flows to provide energy, municipal
water, watershed health and irrigation. Also, a potential rise in sea levels
threatens Oregon’s coastal communities. Reduced snowpack, changes in the timing
of stream flows, extreme or unusual weather events, rising sea levels,
increased occurrences of vector-borne diseases and impacts on forest health
could significantly impact the economy, environment and quality of life in
Oregon.
(5)
Oregon forests play a significant role in sequestering atmospheric carbon, and
losing this potential to sequester carbon will have a significant negative
effect on the reduction of carbon levels in the atmosphere.
(6)
Global warming will have detrimental effects on many of Oregon’s largest
industries, including agriculture, wine making, tourism, skiing, recreational
and commercial fishing, forestry and hydropower generation, and will therefore
negatively impact the state’s workers, consumers and residents.
(7)
There is a need to assess the current level of greenhouse gas emissions in
Oregon, to monitor the trend of greenhouse gas emissions in Oregon over the
next several decades and to take necessary action to begin reducing greenhouse
gas emissions in order to prevent disruption of Oregon’s economy and quality of
life and to meet Oregon’s responsibility to reduce the impacts and the pace of
global warming.
(8)
Oregon has been a national leader in energy conservation and environmental
stewardship, including the areas of energy efficiency requirements and
investments, renewable energy investments, natural resource conservation,
greenhouse gas offset requirements and investments, and global warming
pollution standards for passenger vehicles. Significant opportunities remain to
reduce greenhouse gas emissions statewide, especially from major contributors
of greenhouse gas emissions, including electricity production, transportation,
building construction and operation, and the residential and consumer sectors.
(9)
Actions to reduce greenhouse gas emissions will reduce Oregon’s reliance on
foreign sources of energy, lead to the development of technology, attract new
businesses to Oregon and increase energy efficiency throughout the state,
resulting in benefits to the economy and to individual businesses and
residents.
(10)
In devising measures to achieve reduction of greenhouse gas emissions, Oregon
must strive to not disadvantage Oregon businesses as compared to businesses in
other states with which Oregon cooperates on regional greenhouse gas emissions
reduction strategies.
(11)
Policies pursued, and actions taken, by Oregon will:
(a)
In concert with complementary policies and actions by other states and the
federal government, substantially reduce the global levels of greenhouse gas
emissions and the impacts of those emissions;
(b)
Encourage similar policies and actions by various stakeholders;
(c)
Inform and shape national policies and actions in ways that are advantageous to
Oregon residents and businesses; and
(d)
Directly benefit the state and local governments, businesses and residents. [2007
c.907 §1]
Note:
468A.200 to 468A.260 were enacted into law by the Legislative Assembly but were
not added to or made a part of ORS chapter 468A or any series therein by legislative
action. See Preface to Oregon Revised Statutes for further explanation.
468A.205 Policy; greenhouse gas emissions
reduction goals. (1) The Legislative Assembly
declares that it is the policy of this state to reduce greenhouse gas emissions
in Oregon pursuant to the following greenhouse gas emissions reduction goals:
(a)
By 2010, arrest the growth of Oregon’s greenhouse gas emissions and begin to
reduce greenhouse gas emissions.
(b)
By 2020, achieve greenhouse gas levels that are 10 percent below 1990 levels.
(c)
By 2050, achieve greenhouse gas levels that are at least 75 percent below 1990
levels.
(2)
The Legislative Assembly declares that it is the policy of this state for state
and local governments, businesses, nonprofit organizations and individual
residents to prepare for the effects of global warming and by doing so, prevent
and reduce the social, economic and environmental effects of global warming.
(3)
This section does not create any additional regulatory authority for an agency
of the executive department as defined in ORS 174.112. [2007 c.907 §2]
Note: See
note under 468A.200.
468A.210 Definitions for ORS 352.247 and
468A.200 to 468A.260. As used in ORS 352.247 and
468A.200 to 468A.260:
(1)
“Global warming” means an increase in the average temperature of the earth’s
atmosphere that is associated with the release of greenhouse gases.
(2)
“Greenhouse gas” means any gas that contributes to anthropogenic global warming
including, but not limited to, carbon dioxide, methane, nitrous oxide,
hydrofluorocarbons, perfluorocarbons and sulfur hexafluoride.
(3)
“Greenhouse gas cap-and-trade system” means a system that:
(a)
Establishes a total cap on greenhouse gas emissions from an identified group of
emitters;
(b)
Establishes a market for allowances that represent emissions; and
(c)
Allows trading of allowances among greenhouse gas emitters. [2007 c.907 §3]
Note: See
note under 468A.200.
468A.215 Oregon Global Warming Commission;
appointment; term; vacancies; expenses of members.
(1) There is created the Oregon Global Warming Commission. The commission shall
consist of 25 members, including 11 voting members appointed by the Governor
under this section and 14 ex officio nonvoting members specified in ORS
468A.220.
(2)
Members of the commission appointed under this section shall be appointed so as
to be representative of the social, environmental, cultural and economic
diversity of the state and to be representative of the policy, science,
education and implementation elements of the efforts to reduce greenhouse gas
emissions and to prepare Oregon for the effects of global warming. Of the
members appointed by the Governor under this section:
(a)
One member shall have significant experience in manufacturing;
(b)
One member shall have significant experience in energy;
(c)
One member shall have significant experience in transportation;
(d)
One member shall have significant experience in forestry;
(e)
One member shall have significant experience in agriculture; and
(f)
One member shall have significant experience in environmental policy.
(3)
The Governor shall select a chairperson and a vice chairperson from among the
members appointed under this section.
(4)
The term of office of a member appointed under this section is four years.
Before the expiration of the term of a member, the Governor shall appoint a
successor whose term begins on January 31 next following. A member appointed
under this section is eligible for reappointment. In case of vacancy for any
cause, the Governor shall make an appointment to become immediately effective
for the unexpired term.
(5)
The members of the commission appointed under this section must be residents of
this state. Failure of a member to maintain compliance with the eligibility
requirements related to the member’s appointment shall result in
disqualification from serving on the commission.
(6)
Voting members of the commission appointed under this section are entitled to
expenses as provided in ORS 292.495 (2). [2007 c.907 §4]
Note: See
note under 468A.200.
468A.220 Ex officio nonvoting members.
(1) In addition to the members appointed under ORS 468A.215, the Oregon Global
Warming Commission includes the following ex officio nonvoting members:
(a)
The Director of the State Department of Energy;
(b)
The Director of Transportation;
(c)
The chairperson of the Public Utility Commission of Oregon;
(d)
The Director of the Department of Environmental Quality;
(e)
The Director of Agriculture;
(f)
The State Forester;
(g)
The Water Resources Director; and
(h)
Three additional ex officio nonvoting members, each from a state agency or an
academic institution.
(2)
The following representatives of the Legislative Assembly also shall serve as
ex officio nonvoting members:
(a)
Two members of the Senate, not from the same political party, appointed by the
President of the Senate; and
(b)
Two members of the House of Representatives, not from the same political party,
appointed by the Speaker of the House of Representatives.
(3)
Each legislative member serves at the pleasure of the appointing authority and
may serve so long as the member remains in the chamber of the Legislative
Assembly from which the member was appointed.
(4)
Notwithstanding ORS 171.072, members of the commission who are members of the
Legislative Assembly are not entitled to mileage expenses or a per diem and
serve as volunteers on the commission. [2007 c.907 §5; 2011 c.272 §12]
Note: See
note under 468A.200.
468A.225 Meetings; quorum; support of
agencies. (1) A majority of the members of the
Oregon Global Warming Commission constitutes a quorum for the transaction of
business.
(2)
The commission shall meet at times and places specified by a majority of the
members of the commission.
(3)
The State Department of Energy shall provide clerical, technical and management
personnel to serve the commission. Other agencies shall provide support as
requested by the department or the commission. [2007 c.907 §7]
Note: See
note under 468A.200.
468A.230 Rules.
The Oregon Global Warming Commission may adopt by rule such standards and
procedures as it considers necessary for the operation of the commission. [2007
c.907 §8]
Note: See
note under 468A.200.
468A.235 Coordination of state and local
efforts to reduce greenhouse gas emissions. The
Oregon Global Warming Commission shall recommend ways to coordinate state and
local efforts to reduce greenhouse gas emissions in Oregon consistent with the
greenhouse gas emissions reduction goals established by ORS 468A.205 and shall
recommend efforts to help Oregon prepare for the effects of global warming. The
Office of the Governor and state agencies working on multistate and regional
efforts to reduce greenhouse gas emissions shall inform the commission about
these efforts and shall consider input from the commission for such efforts. [2007
c.907 §9]
Note: See
note under 468A.200.
468A.240 Recommendations; public comment;
examination of greenhouse gas cap-and-trade systems.
(1) In furtherance of the greenhouse gas emissions reduction goals established
by ORS 468A.205, the Oregon Global Warming Commission may recommend statutory
and administrative changes, policy measures and other recommendations to be
carried out by state and local governments, businesses, nonprofit organizations
or residents. In developing its recommendations, the commission shall consider
economic, environmental, health and social costs, and the risks and benefits of
alternative strategies, including least-cost options. The commission shall
solicit and consider public comment relating to statutory, administrative or
policy recommendations.
(2)
The commission shall examine greenhouse gas cap-and-trade systems, including a
statewide and multistate carbon cap-and-trade system and market-based
mechanisms, as a means of achieving the greenhouse gas emissions reduction
goals established by ORS 468A.205.
(3)
The commission shall examine possible funding mechanisms to obtain low-cost
greenhouse gas emissions reductions and energy efficiency enhancements,
including but not limited to those in the natural gas industry. [2007 c.907 §10]
Note: See
note under 468A.200.
468A.245 Outreach strategy.
The Oregon Global Warming Commission shall develop an outreach strategy to
educate Oregonians about the scientific aspects and economic impacts of global
warming and to inform Oregonians of ways to reduce greenhouse gas emissions and
ways to prepare for the effects of global warming. The commission, at a
minimum, shall work with state and local governments, the State Department of
Energy, the Department of Education, the State Board of Higher Education and
businesses to implement the outreach strategy. [2007 c.907 §11]
Note: See
note under 468A.200.
468A.250 Mandate of Oregon Global Warming
Commission. (1) The Oregon Global Warming
Commission shall track and evaluate:
(a)
Economic, environmental, health and social assessments of global warming
impacts on Oregon and the Pacific Northwest;
(b)
Existing greenhouse gas emissions reduction policies and measures;
(c)
Economic, environmental, health and social costs, and the risks and benefits of
alternative strategies, including least-cost options;
(d)
The physical science of global warming;
(e)
Progress toward the greenhouse gas emissions reduction goals established by ORS
468A.205;
(f)
Greenhouse gases emitted by various sectors of the state economy, including but
not limited to industrial, transportation and utility sectors;
(g)
Technological progress on sources of energy the use of which generates no or
low greenhouse gas emissions and methods for carbon sequestration;
(h)
Efforts to identify the greenhouse gas emissions attributable to the
residential and commercial building sectors;
(i)
The carbon sequestration potential of Oregon’s forests, alternative methods of
forest management that can increase carbon sequestration and reduce the loss of
carbon sequestration to wildfire, changes in the mortality and distribution of
tree and other plant species and the extent to which carbon is stored in
tree-based building materials;
(j)
The advancement of regional, national and international policies to reduce
greenhouse gas emissions;
(k)
Local and regional efforts to prepare for the effects of global warming; and
(L)
Any other information, policies or analyses that the commission determines will
aid in the achievement of the greenhouse gas emissions reduction goals
established by ORS 468A.205.
(2)
The commission shall:
(a)
Work with the State Department of Energy and the Department of Environmental
Quality to evaluate all gases with the potential to be greenhouse gases and to
determine a carbon dioxide equivalency for those gases; and
(b)
Use regional and national baseline studies of building performance to identify
incremental targets for the reduction of greenhouse gas emissions attributable
to residential and commercial building construction and operations. [2007 c.907
§12]
Note: See
note under 468A.200.
468A.255 Citizen advisory groups.
The Oregon Global Warming Commission may recommend to the Governor the
formation of citizen advisory groups to explore particular areas of concern
with regard to the reduction of greenhouse gas emissions and the effects of
global warming. [2007 c.907 §13]
Note: See
note under 468A.200.
468A.260 Report to Legislative Assembly.
The Oregon Global Warming Commission shall submit a report to the Legislative
Assembly, in the manner provided by ORS 192.245, by March 31 of each
odd-numbered year that describes Oregon’s progress toward achievement of the
greenhouse gas emissions reduction goals established by ORS 468A.205. The
report may include relevant issues and trends of significance, including trends
of greenhouse gas emissions, emerging public policy and technological advances.
The report also may discuss measures the state may adopt to mitigate the impacts
of global warming on the environment, the economy and the residents of Oregon
and to prepare for those impacts. [2007 c.907 §14]
Note: See
note under 468A.200.
(Miscellaneous)
468A.270 Motor vehicle pollution control
systems; definitions; rules; exceptions. (1) As used
in this section:
(a)
“Greenhouse gas” has the meaning given that term in ORS 468A.210.
(b)
“Motor vehicle” has the meaning given that term in ORS 801.360.
(2)
The Environmental Quality Commission may adopt by rule standards and requirements
described in this section to reduce greenhouse gas emissions.
(3)(a)
The commission may adopt requirements to prevent the tampering, alteration and
modification of the original design or performance of motor vehicle pollution
control systems.
(b)
Before adopting requirements under this section, the commission shall consider
the antitampering requirements and exemptions of the State of California.
(4)
The commission may adopt requirements for motor vehicle service providers to
check and inflate tire pressure according to the tire manufacturer’s or motor
vehicle manufacturer’s recommended specifications, provided that the
requirements:
(a)
Do not apply when the primary purpose of the motor vehicle service is fueling
vehicles; and
(b)
Do not require motor vehicle service providers to purchase equipment to check
and inflate tire pressure.
(5)
The commission may adopt restrictions on engine use by commercial ships while
at port, and requirements that ports provide alternatives to engine use such as
electric power, provided that:
(a)
Engine use shall be allowed when necessary to power mechanical or electrical
operations if alternatives are not reasonably available;
(b)
Engine use shall be allowed when necessary for reasonable periods due to
emergencies and other considerations as determined by the commission; and
(c)
The requirements must be developed in consultation with representatives of
Oregon ports and take into account operational considerations, operational
agreements, international protocols and limitations, the ability to fund the
purchase and use of electric power equipment and the potential effect of the
requirements on competition with other ports.
(6)
In adopting rules under this section, the commission shall evaluate:
(a)
Safety, feasibility, net reduction of greenhouse gas emissions and
cost-effectiveness;
(b)
Potential adverse impacts to public health and the environment, including but
not limited to air quality, water quality and the generation and disposal of
waste in this state;
(c)
Flexible implementation approaches to minimize compliance costs; and
(d)
Technical and economic studies of comparable greenhouse gas emissions reduction
measures implemented in other states and any other studies as determined by the
commission.
(7)
The provisions of this section do not apply to:
(a)
Motor vehicles registered as farm vehicles under the provisions of ORS 805.300.
(b)
Farm tractors, as defined in ORS 801.265.
(c)
Implements of husbandry, as defined in ORS 801.310.
(d)
Motor trucks, as defined in ORS 801.355, used primarily to transport logs. [2009
c.754 §3]
(Temporary provisions relating to low
carbon fuel standards and reports to Legislative Assembly)
Note:
Sections 6 to 9, chapter 754, Oregon Laws 2009, provide:
Sec. 6. (1) As
used in this section:
(a)
“Greenhouse gas” has the meaning given that term in ORS 468A.210.
(b)
“Low carbon fuel standards” means standards for the reduction of greenhouse gas
emissions, on average, per unit of fuel energy.
(c)
“Motor vehicle” has the meaning given that term in ORS 801.360.
(d)
“PADD 5 region” means the Petroleum Administration for Defense District 5
states of Arizona, Nevada, Oregon and Washington.
(2)(a)
The Environmental Quality Commission may adopt by rule low carbon fuel
standards for gasoline, diesel and fuels used as substitutes for gasoline or
diesel.
(b)
The commission may adopt the following related to the standards, including but
not limited to:
(A)
A schedule to phase in implementation of the standards in a manner that reduces
the average amount of greenhouse gas emissions per unit of fuel energy of the
fuels by 10 percent below 2010 levels by the year 2020;
(B)
Standards for greenhouse gas emissions attributable to the fuels throughout
their lifecycles, including but not limited to emissions from the production,
storage, transportation and combustion of the fuels and from changes in land
use associated with the fuels;
(C)
Provisions allowing the use of all types of low carbon fuels to meet the low
carbon fuel standards, including but not limited to biofuels, biogas,
compressed natural gas, gasoline, diesel, hydrogen and electricity;
(D)
Standards for the issuance of deferrals, established with adequate lead time,
as necessary to ensure adequate fuel supplies;
(E)
Exemptions for liquefied petroleum gas and other alternative fuels that are
used in volumes below thresholds established by the commission;
(F)
Standards, specifications, testing requirements and other measures as needed to
ensure the quality of fuels produced in accordance with the low carbon fuel
standards, including but not limited to the requirements of ORS 646.910 to
646.923 and administrative rules adopted by the State Department of Agriculture
for motor fuel quality; and
(G)
Adjustments to the amounts of greenhouse gas emissions per unit of fuel energy
assigned to fuels for combustion and drive train efficiency.
(c)
Before adopting standards under this section, the commission shall consider the
low carbon fuel standards of other states, including but not limited to
Washington, for the purpose of determining schedules and goals for the
reduction of the average amount of greenhouse gas emissions per unit of fuel
energy and the default values for these reductions for applicable fuels.
(d)
The commission shall provide exemptions and deferrals as necessary to mitigate
the costs of complying with the low carbon fuel standards upon a finding by the
commission that the 12-month rolling weighted average price of gasoline or
diesel in Oregon is not competitive with the 12-month rolling weighted average
price in the PADD 5 region.
(3)
In adopting rules under this section, the Environmental Quality Commission
shall evaluate:
(a)
Safety, feasibility, net reduction of greenhouse gas emissions and
cost-effectiveness;
(b)
Potential adverse impacts to public health and the environment, including but
not limited to air quality, water quality and the generation and disposal of
waste in this state;
(c)
Flexible implementation approaches to minimize compliance costs; and
(d)
Technical and economic studies of comparable greenhouse gas emissions reduction
measures implemented in other states and any other studies as determined by the
commission.
(4)
The provisions of this section do not apply to:
(a)
Motor vehicles registered as farm vehicles under the provisions of ORS 805.300.
(b)
Farm tractors, as defined in ORS 801.265.
(c)
Implements of husbandry, as defined in ORS 801.310.
(d)
Motor trucks, as defined in ORS 801.355, used primarily to transport logs.
[2009 c.754 §6]
Sec. 7. (1)
Except as provided in subsection (2) of this section, section 6 of this 2009
Act becomes operative on July 1, 2011.
(2)
The Environmental Quality Commission may adopt rules before the operative date
specified in subsection (1) of this section or take any action before the
operative date specified in subsection (1) of this section that is necessary to
carry out the provisions of section 6 of this 2009 Act. Any rules adopted by
the commission under this section do not become operative until on or after
July 1, 2011. [2009 c.754 §7]
Sec. 8.
Sections 6 and 7 of this 2009 Act are repealed on December 31, 2015. [2009
c.754 §8]
Sec. 9. (1)
The Department of Environmental Quality shall report on the implementation of
sections 3 [468A.270] and 6 of this 2009 Act to:
(a)
The interim legislative committees on environment and natural resources on or
before December 31, 2010; and
(b)
The Seventy-sixth, Seventy-seventh and Seventy-eighth Legislative Assemblies in
the manner provided by ORS 192.245.
(2)
The reports required under subsection (1) of this section must contain a
description of:
(a)
Rules adopted under sections 3 and 6 of this 2009 Act;
(b)
The manner in which the Environmental Quality Commission complied with the
requirements of sections 3 and 6 of this 2009 Act in adopting the rules;
(c)
Significant policy decisions made by the commission in adopting rules under
section 3 of this 2009 Act; and
(d)
The anticipated effects of the December 31, 2015, repeal of sections 6 and 7 of
this 2009 Act on the availability of low carbon fuels and the development of
biofuels production facilities and electric vehicle infrastructure in Oregon.
[2009 c.754 §9]
468A.280 Electricity; fossil fuels;
registration and reporting requirements; rules.
(1) In addition to any registration and reporting that may be required under
ORS 468A.050, the Environmental Quality Commission by rule may require
registration and reporting by:
(a)
Any person who imports, sells, allocates or distributes for use in this state
electricity, the generation of which emits greenhouse gases.
(b)
Any person who imports, sells or distributes for use in this state fossil fuel
that generates greenhouse gases when combusted.
(2)
Rules adopted by the commission under this section for electricity that is
imported, sold, allocated or distributed for use in this state may require
reporting of information necessary to determine greenhouse gas emissions from
generating facilities used to produce the electricity and related electricity
transmission line losses.
(3)(a)
The commission shall allow consumer-owned utilities, as defined in ORS 757.270,
to comply with reporting requirements imposed under this section by the
submission of a report prepared by a third party. A report submitted under this
paragraph may include information for more than one consumer-owned utility, but
must include all information required by the commission for each individual
utility.
(b)
For the purpose of determining greenhouse gas emissions related to electricity
purchased from the Bonneville Power Administration by a consumer-owned utility,
as defined in ORS 757.270, the commission may require only that the utility
report:
(A)
The number of megawatt-hours of electricity purchased by the utility from the
Bonneville Power Administration, segregated by the types of contracts entered
into by the utility with the Bonneville Power Administration; and
(B)
The percentage of each fuel or energy type used to produce electricity
purchased under each type of contract.
(4)(a)
Rules adopted by the commission pursuant to this section for electricity that
is purchased, imported, sold, allocated or distributed for use in this state by
an electric company, as defined in ORS 757.600, must be limited to the
reporting of:
(A)
Greenhouse gas emissions emitted from generating facilities owned or operated
by the electric company;
(B)
Greenhouse gas emissions emitted from transmission equipment owned or operated
by the electric company;
(C)
The number of megawatt-hours of electricity purchased by the electric company
for use in this state, including information, if known, on:
(i)
The seller of the electricity to the electric company; and
(ii)
The original generating facility fuel type or types; and
(D)
An estimate of the amount of greenhouse gas emissions, using default greenhouse
gas emissions factors established by the commission by rule, attributable to:
(i)
Electricity purchases made by a particular seller to the electric company;
(ii)
Electricity purchases from an unknown origin or from a seller who is unable to
identify the original generating facility fuel type or types;
(iii)
Electricity purchases for which a renewable energy certificate under ORS
469A.130 has been issued but subsequently transferred or sold to a person other
than the electric company;
(iv)
Electricity transmitted for others by the electric company; and
(v)
Total energy losses from electricity transmission and distribution equipment
owned or operated by the electric company.
(b)
Pursuant to paragraph (a) of this subsection, a multijurisdictional electric
company may rely upon a cost allocation methodology approved by the Public
Utility Commission for reporting emissions allocated in this state.
(5)
Rules adopted by the commission under this section for fossil fuel that is
imported, sold or distributed for use in this state may require reporting of
the type and quantity of the fuel and any additional information necessary to
determine the carbon content of the fuel. For the purpose of determining
greenhouse gas emissions related to liquefied petroleum gas, the commission
shall allow reporting using publications or submission of data by the American
Petroleum Institute but may require reporting of such other information
necessary to achieve the purposes of the rules adopted by the commission under
this section.
(6)
To an extent that is consistent with the purposes of the rules adopted by the
commission under this section, the commission shall minimize the burden of the
reporting required under this section by:
(a)
Allowing concurrent reporting of information that is also reported to another
state agency;
(b)
Allowing electronic reporting;
(c)
Allowing use of good engineering practice calculations in reports, or of
emission factors published by the United States Environmental Protection
Agency;
(d)
Establishing thresholds for the amount of specific greenhouse gases that may be
emitted or generated without reporting;
(e)
Requiring reporting by the fewest number of persons in a fuel distribution
system that will allow the commission to acquire the information needed by the
commission; or
(f)
Other appropriate means and procedures determined by the commission.
(7)
As used in this section, “greenhouse gas” has the meaning given that term in
ORS 468A.210. [2009 c.749 §2]
468A.290 Oregon Climate Corps; long-term plan;
grants and donations. (1) The University of Oregon,
after consultation with the Oregon State University Extension Service, shall,
to the extent possible with any moneys received under subsection (3) of this
section:
(a)
Implement the Oregon Climate Corps through the University of Oregon Institute
for a Sustainable Environment Climate Masters program to help Oregon residents,
businesses and other entities increase their understanding of climate change,
to reduce greenhouse gas emissions and to address the climate change challenges
that Oregon faces. The Oregon Climate Corps shall be a trained corps of
volunteers to act as catalysts in support of the efforts of public bodies as
defined in ORS 174.109, the private sector and nongovernmental organizations.
(b)
Model the Oregon Climate Corps described in paragraph (a) of this subsection on
other successful public service programs, including but not limited to the
Oregon State University Master Gardener and Master Recycler programs,
AmeriCorps and AmeriCorps VISTA.
(2)
Individuals participating in the Oregon Climate Corps shall be educated on
projects meant to address climate challenges, including but not limited to:
(a)
Carbon sequestration projects such as local community tree-planting
initiatives.
(b)
Climate initiatives that emphasize affordable and easily implemented actions
for homes, local communities, private businesses, schools and public entities.
(c)
Educational projects to increase the implementation of cost-effective, easily
achievable changes in practices.
(d)
Projects related to renewable energy technologies.
(e)
Energy conservation and efficiency projects, such as home weatherization and
the installation of solar panels and other renewable energy technologies.
(f)
Projects to reduce carbon dioxide emissions from transportation, from
manufacturing and from food and produce use and acquisition.
(3)(a)
The University of Oregon, after consultations with the Oregon State University
Extension Service, shall develop a long-term plan to fund the Oregon Climate
Corps.
(b)
The University of Oregon may accept grants, donations, contributions or gifts
from any source for deposit in the Oregon Climate Corps Fund established under
ORS 468A.292 for expenditures for any purpose consistent with this section. [2009
c.480 §1]
Note:
468A.290 and 468A.292 were enacted into law by the Legislative Assembly but
were not added to or made a part of ORS chapter 468A or any series therein by
legislative action. See Preface to Oregon Revised Statutes for further
explanation.
468A.292 Oregon Climate Corps Fund.
The Oregon Climate Corps Fund is established in the State Treasury, separate
and distinct from the General Fund. Interest earned by the Oregon Climate Corps
Fund shall be credited to the fund. Moneys in the fund are continuously
appropriated to the University of Oregon for the purposes specified in ORS
468A.290. [2009 c.480 §2]
Note: See
note under 468A.290.
FEDERAL OPERATING PERMIT PROGRAM
468A.300 Definitions for federal operating
permit program. As used in ORS 468.065,
468A.040, 468A.300 to 468A.330, 468A.415, 468A.420 and 468A.460 to 468A.515:
(1)
“Administrator” means the administrator of the United States Environmental
Protection Agency.
(2)
“Clean Air Act” means P.L. 88-206 as amended.
(3)
“Federal operating permit program” means the program established by the
Environmental Quality Commission and the Department of Environmental Quality
pursuant to ORS 468A.310.
(4)
“Major source” has the meaning given in section 501(2) of the Clean Air Act.
(5)
“Title V” means Title V of the Clean Air Act. [1991 c.752 §3; 2009 c.387 §15]
468A.305 Purpose.
The Legislative Assembly declares the purpose of ORS 184.730, 184.733, 468.065,
468A.020, 468A.040, 468A.045, 468A.155, 468A.300 to 468A.330, 468A.415,
468A.420 and 468A.485 to 468A.515 is to:
(1)
Insure that the state meets its minimum obligations under the Clean Air Act
Amendments of 1990.
(2)
Avoid direct regulation of industrial sources of air pollution through a federal
government administered permit program.
(3)
Prevent imposition of Clean Air Act sanctions which would impound federal
highway funds appropriated for the state and increase emission offset
requirements for new and expanding major industrial sources of air pollution.
(4)
Provide adequate resources to fully cover the costs of the Department of
Environmental Quality to develop and administer an approvable federal operating
permit program in accordance with the Clean Air Act, including costs of
permitting, compliance, rule development, emission inventorying, monitoring and
modeling and related activities. [1991 c.752 §2]
468A.310 Federal operating permit program
approval; rules; content of plan. (1) The
Department of Environmental Quality shall prepare and submit to the
Administrator of the United States Environmental Protection Agency for approval
a federal operating permit program as required to implement Title V. The
Environmental Quality Commission and the department may seek interim or partial
approval if appropriate.
(2)
The commission shall adopt rules to implement the federal operating permit
program.
(3)
To the maximum extent possible, consistent with subsection (2) of this section,
and within budgetary constraints, rules adopted by the commission under
subsection (2) of this section shall include:
(a)
Streamlined procedures for expeditious review of permit actions in accordance
with section 502(b)(6) of the Clean Air Act;
(b)
Assurances against unreasonable delays in accordance with section 502(b)(7) of
the Clean Air Act;
(c)
In accordance with section 502(b)(10) of the Clean Air Act, provisions to allow
changes within a permitted facility without requiring permit revisions;
(d)
In accordance with section 503(d) of the Clean Air Act, protection for sources
that file complete and timely permit applications;
(e)
Provisions that deem compliance with a permit to be in compliance with other
applicable provisions of the Clean Air Act in accordance with section 504(f) of
the Clean Air Act;
(f)
In accordance with section 112(i)(5) of the Clean Air Act, a deferral for early
reductions of the requirement to meet standards promulgated under section
112(d) of the Clean Air Act;
(g)
In accordance with section 504(b) of the Clean Air Act, provisions for
alternatives to continuous emissions monitoring that provide sufficiently
reliable and timely information; and
(h)
Notice and opportunity for public comment as required by the Clean Air Act and
for objection by the administrator under section 505(b) of the Clean Air Act.
If the administrator objects to a proposed permit, the department shall:
(A)
Revise the permit to meet the objection within 90 days after the date of the
objection; or
(B)
Determine not to issue the permit.
(4)
In any discretionary rulemaking necessary to implement the federal operating
permit program, the commission shall consider and make publicly available a
brief written statement of the commission’s judgment regarding:
(a)
The need for the action and a reasonable range of alternatives that would
satisfy the need;
(b)
The environmental benefit that will be achieved, taking into consideration all
environmental media, including energy consumption;
(c)
The estimated cost of the rule; and
(d)
Other sources of the air contaminants addressed in the rule and whether
regulation of the other sources is possible or desirable. [1991 c.752 §§4,22]
468A.315 Emission fees for major sources;
base fees; basis of fees; rules. (1) 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 by rule by
the Environmental Quality Commission in accordance with this section. Except
for the additional fee under subsection (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)
An emission fee 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)
Fees for the following specific elements of the federal operating permit
program:
(A)
Reviewing and acting upon applications for modifications to federal operating
permits.
(B)
Any activity related to permits required under ORS 468A.040 other than the
federal operating permit program.
(C)
Department of Environmental Quality activities for sources not subject to the
federal operating permit program.
(D)
Department review of ambient monitoring networks installed by a source.
(E)
Other distinct department activities created by a source or a group of sources
if the 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)
A base fee for a source subject to the federal operating permit program. This
base fee shall be no more than the fees set forth in subparagraphs (A) to (D)
of this paragraph, subject to increases as set forth in 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)
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 as of the close of the 12-month period ending on
August 31, 1989, if the commission determines by rule that the increased fees
are necessary to cover all reasonable direct and indirect costs of implementing
the federal operating permit program.
(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)
The fee required by subsection (1)(a) of this section does not apply to any
emissions in excess of 4,000 tons per year of 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. 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.
(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.
(d)
The department shall accept reasonably accurate information that complies with
the criteria established by the commission as documentation of emissions.
(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.
(4)
As used in this section:
(a)
“Regulated pollutant” means particulates, volatile organic compounds, oxides of
nitrogen, and sulfur dioxide; and
(b)
“Consumer Price Index” has the meaning given in 42 U.S.C. 7661a(b), as in
effect on June 20, 2007. [1991 c.752 §§5,25; 1993 c.790 §§6,7; 2007 c.480 §1;
2009 c.266 §1]
468A.320 Accountability for costs of
program. The Department of Environmental Quality
shall establish a method to account for the costs of the federal operating
permit program. The method shall, at a minimum, account for costs incurred for
each element of the program as described in section 502(b)(3)(A)(i) through
(vi) of the Clean Air Act. In accounting for the costs of the federal operating
permit program the department shall include a commensurate amount of the costs
for any other permit issued under ORS 468A.040, 468A.045 or 468A.155 to the
extent that those costs are considered to be part of the federal operating permit
program by the Director of the Department of Environmental Quality. [1991 c.752
§6; 1993 c.790 §8]
468A.325 Priority of department work
schedule. (1) Nothing in ORS 468A.040, 468A.300
to 468A.320 or this section shall require the Environmental Quality Commission
or Department of Environmental Quality to make less stringent any existing
element of the state’s air pollution control program.
(2)
To the maximum extent possible under federal laws and regulations and within
budgetary constraints, the department shall prioritize its permitting work
schedule to address all of the following:
(a)
Sources required to have permits under the federal operating permit program;
(b)
Other sources over which the department has been granted authority for control
of the emission of air contaminants that:
(A)
Are either within nonattainment areas or within attainment areas projected by
the department to exceed air standards within five years, and which
substantially contribute to or cause the nonattainment or projected
nonattainment of air quality standards; or
(B)
May individually be causing exceedances of air quality standards;
(c)
Applications for construction or modification; and
(d)
Sources that request a federally enforceable permit from the department
regardless of whether such a permit would be required under the federal
operating permit program. Within budgetary constraints, the department shall
cooperate with sources seeking a federally enforceable permit. [1991 c.752 §8]
468A.327 Requirement for adoption,
amendment or repeal of rules; oral hearing. (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). [2007 c.480 §3]
468A.330 Small Business Stationary Source
Technical and Environmental Compliance Assistance Program.
(1) Because of the extraordinary effect that the federal operating permit
program may have on small business, there is hereby established within the
Department of Environmental Quality a Small Business Stationary Source
Technical and Environmental Compliance Assistance Program in accordance with
section 507 of the Clean Air Act. This program shall include each element
specified in section 507(a) of the Clean Air Act.
(2)
A Compliance Advisory Panel is established to:
(a)
Advise the department on the effectiveness of the Small Business Stationary
Source Technical and Environmental Compliance Assistance Program;
(b)
Report to the Administrator of the United States Environmental Protection
Agency as required by federal law;
(c)
Review the information to be issued by the program for small businesses to
assure the information is understandable by a layperson; and
(d)
Perform any other function required by the Clean Air Act.
(3)
The Compliance Advisory Panel shall consist of not less than seven members:
(a)
Two members appointed by the Governor, who are not owners, or representatives
of owners, of small business stationary sources, to represent the general
public;
(b)
Four members who are owners, or who represent owners, of small business
stationary sources as follows:
(A)
One member appointed by the President of the Senate;
(B)
One member appointed by the Speaker of the House;
(C)
One member appointed by the Senate Minority Leader; and
(D)
One member appointed by the House Minority Leader; and
(c)
One member appointed by the Director of the Department of Environmental
Quality.
(4)(a)
On-site technical assistance for the development and implementation of the
Small Business Stationary Source Technical and Environmental Compliance Assistance
Program shall not result in inspections or enforcement actions, except that the
department may initiate compliance and enforcement actions immediately if,
during onsite technical assistance, there is reasonable cause to believe a
clear and immediate danger to the public health and safety or to the
environment exists.
(b)
As used in this subsection:
(A)
“Clear” means plain, evident, free from doubt.
(B)
“Immediate danger” means a situation in which there is substantial likelihood
that serious harm may be experienced within the time frame necessary for the
department to pursue an enforcement action. [1991 c.752 §12]
MOTOR VEHICLE POLLUTION CONTROL
468A.350 Definitions for ORS 468A.350 to
468A.400. As used in ORS 468A.350 to 468A.400:
(1)
“Certified system” means a motor vehicle pollution control system for which a
certificate of approval has been issued under ORS 468A.365 (3).
(2)
“Factory-installed system” means a motor vehicle pollution control system
installed by the manufacturer which meets criteria for emission of pollutants
in effect under federal laws and regulations applicable on September 9, 1971,
or which meets criteria adopted pursuant to ORS 468A.365 (1), whichever
criteria are stricter.
(3)
“Motor vehicle” includes any self-propelled vehicle used for transporting
persons or commodities on public roads and highways but does not include a
vehicle of special interest as that term is defined in ORS 801.605, if the
vehicle is maintained as a collector’s item and used for exhibitions, parades,
club activities and similar uses but not used primarily for the transportation
of persons or property, or a racing activity vehicle as defined in ORS 801.404.
(4)
“Motor vehicle pollution control system” means equipment designed for
installation on a motor vehicle for the purpose of reducing the pollutants
emitted from the vehicle, or a system or engine adjustment or modification
which causes a reduction of pollutants emitted from the vehicle. [Formerly
468.360; 2007 c.693 §8]
468A.355 Legislative findings.
For purposes of ORS 468A.350 to 468A.400, the Legislative Assembly finds:
(1)
That the emission of pollutants from motor vehicles is a significant cause of
air pollution in many portions of this state.
(2)
That the control and elimination of such pollutants are of prime importance for
the protection and preservation of the public health, safety and well-being and
for the prevention of irritation to the senses, interference with visibility,
and damage to vegetation and property.
(3)
That the state has a responsibility to establish procedures for compliance with
standards which control or eliminate such pollutants.
(4)
That the Oregon goal for pure air quality is the achievement of an atmosphere
with no detectable adverse effect from motor vehicle air pollution on health,
safety, welfare and the quality of life and property. [Formerly 449.951 and
then 468.365]
468A.360 Motor vehicle emission and noise
standards; copy to Department of Transportation.
(1) After public hearing and in accordance with the applicable provisions of
ORS chapter 183, the Environmental Quality Commission may adopt motor vehicle
emission standards. For the purposes of this section, the commission may
include, as a part of such standards, any standards for the control of noise emissions
adopted pursuant to ORS 467.030.
(2)
The commission shall furnish a copy of standards adopted pursuant to this
section to the Department of Transportation and shall publish notice of the
standards in a manner reasonably calculated to notify affected members of the
public. [Formerly 468.370]
468A.363 Purpose of ORS 468A.363, 468A.365,
468A.400 and 815.300. The Legislative Assembly
declares the purpose of ORS 468A.363, 468A.365, 468A.400 and 815.300 is to:
(1)
Insure that the health of citizens in the Portland area is not threatened by
recurring air pollution conditions.
(2)
Provide necessary authority to the Environmental Quality Commission to
implement one of the critical elements of the air quality maintenance strategy
for the Portland area related to improvements in the motor vehicle inspection
program.
(3)
Insure that the Department of Environmental Quality is able to submit an
approvable air quality maintenance plan for the Portland area through the year
2006 to the Environmental Protection Agency as soon as possible so that area
can again be designated as an attainment area and impediments to industrial
growth imposed in the Clean Air Act can be removed.
(4)
Direct the Environmental Quality Commission to use existing authority to
incorporate the following programs for emission reduction credits into the air
quality maintenance plan for the Portland area:
(a)
California or United States Environmental Protection Agency emission standards
for new lawn and garden equipment sold in the Portland area.
(b)
Transportation-efficient land use requirements of the transportation planning
rule adopted by the Land Conservation and Development Commission.
(c)
Improvements in the vehicle inspection program as authorized in ORS 468A.350 to
468A.400, including emission reduction from on-road vehicles resulting from
enhanced testing, elimination of exemptions for 1974 and later model year
vehicles, and expansion of inspection program boundaries.
(d)
An employer trip reduction program that provides an emission reduction from
on-road vehicles.
(e)
A parking ratio program that limits the construction of new parking spaces for
employment, retail and commercial locations.
(f)
Emission reductions resulting from any new federal motor vehicle fuel tax.
(g)
State and federal alternative fuel vehicles fleet programs that result in
emission reductions.
(h)
Installation of maximum achievable control technology by major sources of
hazardous air pollutants as required by the federal Clean Air Act, as amended,
resulting in emission reductions.
(i)
As a safety margin, or as a substitute in whole or in part for other elements
of the plan, emission reductions resulting from any new state gasoline tax or
for any new vehicle registration fee that allows use of revenue for air quality
improvement purposes. [1993 c.791 §2]
Note:
468A.363 was added to and made a part of 468A.350 to 468A.400 by legislative
action but was not added to any smaller series therein. See Preface to Oregon
Revised Statutes for further explanation.
468A.365 Certification of motor vehicle
pollution control systems and inspection of motor vehicles; rules.
The Environmental Quality Commission shall:
(1)
Determine and adopt by rule criteria for certification of motor vehicle
pollution control systems. In determining the criteria the commission shall
consider the following:
(a)
The experience of any other state or the federal government;
(b)
The cost of the system and of its installation;
(c)
The durability of the system;
(d)
The ease of determining whether the system, when installed on a motor vehicle,
is functioning properly; and
(e)
Any other factors which, in the opinion of the commission, render such a system
suitable for the control of motor vehicle air pollution or for the protection
of the health, safety and welfare of the public.
(2)
Prescribe by rule the manner in which a motor vehicle pollution control system
shall be tested for certification. The rules may prescribe a more rigorous
inspection procedure in the areas designated under ORS 815.300 (2)(a),
including any expansion of such boundary under ORS 815.300 (2)(b), in order to
reduce air pollution emissions in those areas of the state. No such rule shall
require testing for certification more often than once during the period for
which registration or renewal of registration for a motor vehicle is issued. No
rule shall require testing for certification of a motor vehicle that is
exempted from the requirement for certification under ORS 815.300.
(3)
Issue certificates of approval for classes of motor vehicle pollution control
systems which, after being tested by the commission or by a method acceptable
to the commission, the commission finds meet the criteria adopted under
subsection (1) of this section.
(4)
Designate by rule classifications of motor vehicles for which certified systems
are available.
(5)
Revoke, suspend or restrict a certificate of approval previously issued upon a
determination that the system no longer meets the criteria adopted under
subsection (1) of this section pursuant to procedures for a contested case
under ORS chapter 183.
(6)
Designate suitable methods and standards for testing systems and inspecting
motor vehicles to determine and insure compliance with the standards and
criteria established by the commission.
(7)
Except as provided in ORS 468A.370, contract for the use of or the performance
of tests or other services within or without the state. [Formerly 468.375; 1993
c.791 §3]
468A.370 Cost-effective inspection
program; contracts for inspections. The Environmental
Quality Commission shall determine the most cost-effective method of conducting
a motor vehicle pollution control system inspection program as required by ORS
468A.365. Upon finding that savings to the public and increased efficiency
would result and the quality of the program would be adequately maintained, the
commission may contract with a unit of local government or with a private
individual, partnership or corporation authorized to do business in the State
of Oregon, for the performance of tests or other services associated with
conducting a motor vehicle pollution control system inspection program. [Formerly
468.377]
468A.375 Notice to state agencies concerning
certifications. The Department of Environmental
Quality shall notify the Department of Transportation and the Oregon State
Police whenever certificates of approval for motor vehicle pollution control
systems are approved, revoked, suspended or restricted by the Environmental
Quality Commission. [Formerly 449.963 and then 468.380]
468A.380 Licensing of personnel and
equipment; certification of motor vehicles; rules.
(1) The Environmental Quality Commission by rule may:
(a)
Establish criteria and examinations for the qualification of persons eligible
to inspect motor vehicles and motor vehicle pollution control systems and
execute the certificates described under ORS 815.310, and for the procedures to
be followed in such inspections.
(b)
Establish criteria and examinations for the qualification of equipment,
apparatus and methods used by persons to inspect motor vehicles and motor
vehicle pollution control systems.
(c)
Establish criteria and examinations for the testing of motor vehicles.
(2)
Subject to rules of the commission, the Department of Environmental Quality
shall:
(a)
Issue licenses to any person, type of equipment, apparatus or method qualified
pursuant to subsection (1) of this section.
(b)
Revoke, suspend or modify licenses issued pursuant to paragraph (a) of this
subsection in accordance with the provisions of ORS chapter 183 relating to
contested cases.
(c)
Issue certificates of compliance for motor vehicles which, after being tested
in accordance with the rules of the commission, meet the criteria established
under subsection (1) of this section and the standards adopted pursuant to ORS
468A.350 to 468A.385 and 468A.400. [Formerly 468.390]
468A.385 Determination of compliance of
motor vehicles. (1) The Environmental Quality
Commission shall establish and maintain procedures and programs for determining
whether motor vehicles meet the minimum requirements necessary to secure a
certificate under ORS 815.310.
(2)
Such procedures and programs include, but are not limited to, the installation
of a certified system and the adjustment, tune-up, or other mechanical work performed
on the motor vehicle in accordance with the requirements of the commission. [Formerly
468.395]
468A.387 Operating schedules for testing
stations. (1) The Department of Environmental
Quality shall establish flexible weekday operating schedules for testing
stations that conduct motor vehicle pollution control system inspections
described under ORS 468A.365 that extend the hours of operation beyond 5 p.m.
for some testing stations for some days of the week.
(2)
After determining the hours of operation for testing stations under subsection
(1) of this section, the department shall advertise the hours of operation in
as many ways as practicable, including but not limited to:
(a)
Enclosing information about the hours of operation in all mailings and notices
related to motor vehicle emission testing and motor vehicle registration
renewal notices;
(b)
Posting the hours of operation at Department of Transportation field offices;
(c)
Broadcasting public service announcements; and
(d)
Using appropriate Internet and other electronic media services that may be
available. [1999 c.475 §2; 2009 c.551 §1]
468A.390 Designation of areas of the state
subject to motor vehicle emission inspection program; rules.
(1) If the need for a motor vehicle pollution control system inspection program
is identified for an area in the State of Oregon Clean Air Act Implementation
Plan, then the Environmental Quality Commission, by rule, shall designate
boundaries, in addition to the areas specified in ORS 815.300 (2)(a) and (b), within
which motor vehicles are subject to the requirement under ORS 815.300 to have a
certificate of compliance issued under ORS 468A.380 to be registered or have
the registration of the vehicle renewed.
(2)
Whenever the Environmental Quality Commission designates boundaries under this
section within which vehicles are subject to the requirements of ORS 815.300,
the commission shall notify the Department of Transportation and shall provide
the Department of Transportation with information necessary to perform the
Department of Transportation’s duties under ORS 815.300. [Formerly 468.397]
468A.395 Bond or letter of credit; remedy
against person licensed under ORS 468A.380; cancellation of license.
(1) Any person licensed to issue certificates of compliance pursuant to ORS
468A.380 shall file with the Department of Environmental Quality a surety bond
or an irrevocable letter of credit issued by an insured institution, as defined
in ORS 706.008. The bond or letter of credit shall be executed to the State of Oregon
in the sum of $1,000. It shall be approved as to form by the Attorney General,
and shall be conditioned that inspections and certifications will be made only
by persons who meet the qualifications fixed by the Environmental Quality
Commission and will be made without fraud or fraudulent representations and
without violating any of the provisions of ORS 468A.350 to 468A.400, 815.295,
815.300, 815.310, 815.320 and 815.325.
(2)
In addition to any other remedy that a person may have, if any person suffers
any loss or damage by reason of the fraud, fraudulent representations or
violation of any of the provisions of ORS 468A.350 to 468A.400, 815.295,
815.300, 815.310, 815.320 and 815.325 by a person licensed pursuant to ORS
468A.380, the injured person has the right of action against the business
employing such licensed person and a right of action in the person’s own name
against the surety upon the bond or the letter of credit issuer.
(3)
The license issued pursuant to ORS 468A.380 of any person whose bond is
canceled by legal notice shall be canceled immediately by the department. If
the license is not renewed or is voluntarily or involuntarily canceled, the
sureties of the bond or the letter of credit issuers shall be relieved from
liability accruing subsequent to such cancellation by the department. [Formerly
468.400; 1997 c.631 §480]
468A.400 Fees; collection; use.
(1) The Department of Environmental Quality shall:
(a)
Establish and collect fees for application, examination and licensing of
persons, equipment, apparatus or methods in accordance with ORS 468A.380 and
within the following limits:
(A)
The fee for licensing shall not exceed $5.
(B)
The fee for renewal of licenses shall not exceed $1.
(b)
Establish fees for the issuance of certificates of compliance. The department
may classify motor vehicles and establish a different fee for each such class.
The fee for the issuance of certificates shall be established by the
Environmental Quality Commission in an amount based upon the costs of administering
this program. Before establishing the fees, the commission shall determine the
most cost effective program consistent with Clean Air Act requirements for each
area of the state pursuant to ORS 468A.370.
(2)
The department shall collect the fees established pursuant to subsection (1)(b)
of this section at the time of the issuance of certificates of compliance as
required by ORS 468A.380 (2)(c).
(3)
On or before the 15th day of each month, the commission shall pay into the
State Treasury all moneys received as fees pursuant to subsections (1) and (2)
of this section during the preceding calendar month. The State Treasurer shall
credit such money to the Department of Environmental Quality Motor Vehicle
Pollution Account, which is hereby created. The moneys in the Department of
Environmental Quality Motor Vehicle Pollution Account are continuously
appropriated to the department to be used by the department solely or in
conjunction with other state agencies and local units of government for:
(a)
Any expenses incurred by the department and, if approved by the Governor, any
expenses incurred by the Department of Transportation in the certification,
examination, inspection or licensing of persons, equipment, apparatus or
methods in accordance with the provisions of ORS 468A.380 and 815.310.
(b)
Such other expenses as are necessary to study traffic patterns and to inspect,
regulate and control the emission of pollutants from motor vehicles in this
state.
(4)
The Department of Environmental Quality may enter into an agreement with the
Department of Transportation to collect the licensing and renewal fees
described in subsection (1)(a) of this section subject to the fees being paid
and credited as provided in subsection (3) of this section. [Formerly 468.405;
1993 c.18 §122; 1993 c.791 §4]
468A.405 Authority to limit motor vehicle
operation and traffic; rules. The
Environmental Quality Commission and regional air pollution control authorities
organized pursuant to ORS 448.305, 454.010 to 454.040, 454.205 to 454.255,
454.505 to 454.535, 454.605 to 454.755 and ORS chapters 468, 468A and 468B by
rule may regulate, limit, control or prohibit motor vehicle operation and
traffic as necessary for the control of air pollution which presents an
imminent and substantial endangerment to the health of persons. [Formerly
449.747 and then 468.410]
468A.410 Administration and enforcement of
rules adopted under ORS 468A.405. Cities,
counties, municipal corporations and other agencies, including the Department
of State Police and the Department of Transportation, shall cooperate with the
Environmental Quality Commission and regional air pollution control authorities
in the administration and enforcement of the terms of any rule adopted pursuant
to ORS 468A.405. [Formerly 449.751 and then 468.415]
468A.415 Legislative findings.
The Legislative Assembly finds that extending additional statewide controls and
fees on industrial and motor vehicle sources of air pollution may not be
sufficient to attain and maintain desired air quality standards in the
Portland-Vancouver air quality maintenance area. Additional approaches are
needed to address growth in vehicle miles of travel that satisfy mobility needs
and allow for economic growth while meeting the air quality goals for the region.
[1991 c.752 §13]
468A.420 Oxygenated motor vehicle fuels;
when required by rule. (1) The Environmental Quality
Commission shall adopt rules consistent with section 211 of the Clean Air Act
to require oxygenated motor vehicle fuels to be used in any carbon monoxide
nonattainment area in the state.
(2)
The rules adopted under subsection (1) of this section shall require:
(a)
Oxygenated fuels to be used during any portion of the year during which the
nonattainment area is prone to high ambient concentrations of carbon monoxide.
(b)
The use of oxygenated fuels in carbon monoxide nonattainment areas on or before
November 1, 1992.
(3)
An oxygenated fuel shall contain 2.7 percent or more oxygen by weight. Methods
to achieve this requirement may include but need not be limited to the use of
ethanol blends. [1991 c.752 §13b]
468A.425 [1991
c.752 §14; repealed by 1995 c.79 §284]
468A.430 [1991
c.752 §14a; repealed by 1995 c.79 §284]
468A.435 [1991
c.752 §14b; repealed by 1995 c.79 §284]
468A.440 [1991
c.752 §14c; repealed by 1995 c.79 §284]
468A.445 [1991
c.752 §14d; repealed by 1995 c.79 §284]
468A.450 [1991
c.752 §14e; repealed by 1995 c.79 §284]
468A.455 Police enforcement.
The Oregon State Police, the county sheriff and municipal police are authorized
to use such reasonable force as is required in the enforcement of any rule
adopted pursuant to ORS 468A.405 and may take such reasonable steps as are
required to assure compliance therewith, including but not limited to:
(1)
Locating appropriate signs and signals for detouring, prohibiting and stopping
motor vehicle traffic; and
(2)
Issuing warnings or citations. [Formerly 449.753 and then 468.420]
SOLID FUEL BURNING DEVICES
468A.460 Policy.
In the interest of the public health and welfare it is the policy of the State
of Oregon to control, reduce and prevent air pollution caused by solid fuel
burning devices. The Legislative Assembly declares that it is also the policy
of the State of Oregon to reduce solid fuel burning device emissions by encouraging
the Department of Environmental Quality to continue efforts to educate the
public about the air quality effects of those emissions, by ensuring that solid
fuel burning devices used in Oregon meet emission performance standards
established under ORS 468A.465 and by ensuring compliance with ORS 468A.460 to
468A.515. [Formerly 468.630; 2009 c.387 §1]
468A.465 Certification requirements for
new solid fuel burning devices; rules. (1) A person
may not advertise to sell, offer to sell or sell a new solid fuel burning
device in Oregon unless, pursuant to rules adopted by the Environmental Quality
Commission, the Department of Environmental Quality certifies that the device
meets emission performance standards, certification labeling standards and all
other requirements set forth in rules adopted by the commission. Before
adopting emission performance standards under this section, the commission
shall consider any emission performance standards proposed or adopted by the
United States Environmental Protection Agency.
(2)
In addition to devices certified under subsection (1) of this section, the
department may certify new solid fuel burning devices that have been certified
by the United States Environmental Protection Agency pursuant to:
(a)
40 C.F.R. part 60, subpart AAA, as in effect on the date the commission first
adopts rules under subsection (1) of this section; or
(b)
Any equivalent or more stringent standard adopted by the United States
Environmental Protection Agency subsequent to such date. [Formerly 468.635;
2009 c.387 §2]
468A.467 Prohibition on burning certain
materials in solid fuel burning devices. A person may
not cause or allow any of the following materials to be burned in a solid fuel
burning device, a masonry heater, a pellet stove, a trash burner or any device
described in ORS 468A.485 (4)(b):
(1)
Garbage;
(2)
Treated wood;
(3)
Plastic or plastic products;
(4)
Rubber or rubber products;
(5)
Animal carcasses;
(6)
Products that contain asphalt;
(7)
Waste petroleum products;
(8)
Paint;
(9)
Chemicals;
(10)
Paper or paper products, except for paper used to kindle a fire; or
(11)
Any other materials described in rules adopted by the commission. [2009 c.387 §6]
468A.470
[Formerly 468.640; repealed by 2009 c.387 §20]
468A.475 [Formerly
468.650; repealed by 2009 c.387 §20]
468A.480
[Formerly 468.655; 1993 c.742 §75; repealed by 2009 c.387 §20]
468A.485 Definitions for ORS 468A.460 to
468A.515. As used in ORS 468A.460 to 468A.515:
(1)
“Masonry heater” has the meaning given that term in the American Society for
Testing and Materials (ASTM) E1602-03, Standard Guide for Construction of Solid
Fuel Burning Masonry Heaters, as in effect on January 1, 2010, or the meaning
given that term by rule of the Environmental Quality Commission.
(2)
“Pellet stove” means a heating device that uses wood pellets, or other biomass
fuels designed for use in pellet stoves, as its primary source of fuel.
(3)
“Residential structure” has the meaning given that term in ORS 701.005.
(4)(a)
“Solid fuel burning device” means any device that burns wood, coal or other
nongaseous or nonliquid fuels for aesthetic, space-heating or water-heating
purposes in a private residential structure or a commercial establishment and
that has a heat output of less than one million British thermal units per hour.
(b)
“Solid fuel burning device” does not include:
(A)
Masonry fireplaces built on homesites, or factory-built fireplaces, that are
designed to be used with an open combustion chamber, that are without features
to control air-to-fuel ratios and that meet minimum emission performance
standards adopted by the commission, or all masonry fireplaces and
factory-built fireplaces if the commission does not adopt any standards;
(B)
Woodstoves built before 1940 that have an ornate construction and a current
market value substantially higher than a common woodstove manufactured during
the same period;
(C)
Pellet stoves that meet minimum emission performance standards adopted by the
commission, or all pellet stoves if the commission does not adopt any
standards;
(D)
Masonry heaters that meet minimum emission performance standards adopted by the
commission, or all masonry heaters if the commission does not adopt any
standards;
(E)
Central, wood-fired furnaces that are indoors, ducted and thermostatically
controlled, that have a dedicated cold air inlet and a dedicated hot air outlet
that connect to the heating ductwork for the entire residential structure and
that meet minimum emission performance standards adopted by the commission, or
all central, wood-fired furnaces if the commission does not adopt any
standards; and
(F)
Other solid fuel burning devices identified in rules adopted by the commission.
(5)(a)
“Trash burner” means any equipment that is used to dispose of waste by burning.
(b)
“Trash burner” does not include an air contamination source that has been
issued an air quality permit as described in ORS 468A.040.
(6)
“Treated wood” means wood of any species that has been chemically impregnated,
painted or similarly modified to prevent weathering and deterioration. [1991
c.752 §8a; 2009 c.387 §4]
468A.490 Residential Solid Fuel Heating
Air Quality Improvement Fund; uses. (1) There is
established within the State Treasury a fund known as the Residential Solid
Fuel Heating Air Quality Improvement Fund, separate and distinct from the
General Fund.
(2)
All moneys appropriated or received as gifts or grants for the purposes of this
section shall be credited to the Residential Solid Fuel Heating Air Quality
Improvement Fund.
(3)
The State Treasurer may invest and reinvest the moneys in the fund as provided
in ORS 293.701 to 293.820. Interest from the moneys deposited in the fund and
earnings from investment of the moneys in the fund shall accrue to the fund.
(4)
All moneys in the fund are continuously appropriated to the Department of
Environmental Quality to:
(a)
Pay all costs incurred by the department for evaluating projects and programs,
including projects and programs proposed by local communities or qualifying
organizations, for project management and oversight of funds awarded for
projects and programs selected in accordance with this section and for
documenting the benefit to air quality from such projects;
(b)
Fund the program established under subsection (5) of this section;
(c)
Fund activities to enhance enforcement of ORS 468A.460 to 468A.515;
(d)
Fund public education programs related to compliance with ORS 468A.460 to
468A.515; and
(e)
Fund public education programs related to the benefits of the use of solid fuel
burning devices certified pursuant to ORS 468A.460 to 468A.515.
(5)
The department shall use moneys available under subsection (4) of this section
to establish a program designed to reduce the emission of air contaminants by
providing grants, loans or other subsidies for the replacement or removal of
solid fuel burning devices that were not certified by the department pursuant
to ORS 468A.465. In addition to any other requirements established by rules
adopted by the Environmental Quality Commission, the program shall provide
that:
(a)
All forms of new high-efficiency, low air contaminant-emitting heating systems
are allowed, except vent-free heating appliances;
(b)
Any solid fuel burning device removed under the program must be destroyed;
(c)
Any replacement device selected under the program must be installed in
conformance with building code requirements and the manufacturer’s
specifications including but not limited to venting specifications; and
(d)
To be eligible, program participants shall participate in any home energy audit
program provided at no charge to the homeowner and shall obtain all information
available regarding subsidies for cost-effective weatherization. The department
shall make the information required in this subsection readily available to
program participants.
(6)
The department may enter into an agreement with a local government or a
regional authority in order to implement the program established under
subsection (5) of this section. [1991 c.752 §10; 2009 c.387 §7]
468A.495 Prohibition on installation of
used solid fuel burning devices; exceptions; rules.
(1) The state building code under ORS 455.010 shall prohibit installations of
used solid fuel burning devices, except devices that were certified for sale as
new:
(a)
By the United States Environmental Protection Agency pursuant to 40 C.F.R. part
60, subpart AAA; or
(b)
By the Department of Environmental Quality pursuant to ORS 468A.465.
(2)
Notwithstanding subsection (1) of this section, if pursuant to ORS 468A.465 the
Environmental Quality Commission adopts more stringent standards than those
described in subsection (1) of this section for the certification of new solid
fuel burning devices, the commission by rule may prohibit the installation of
some or all used solid fuel burning devices certified for sale as new under
less stringent standards if:
(a)
The used solid fuel burning devices were manufactured at least 15 years prior
to the date on which the commission adopts more stringent standards; or
(b)
The used solid fuel burning devices are located in a nonattainment area in this
state that does not attain compliance with standards for particulate matter
established by the commission pursuant to ORS 468A.025. [1991 c.752 §10a; 2009
c.387 §8]
468A.500 Prohibition on sale of
noncertified solid fuel burning devices; rules.
(1) A person may not advertise for sale, offer to sell or sell, within this
state, a used solid fuel burning device unless the device was certified for
sale as new:
(a)
By the United States Environmental Protection Agency pursuant to 40 C.F.R. part
60, subpart AAA; or
(b)
By the Department of Environmental Quality pursuant to ORS 468A.465.
(2)
Notwithstanding subsection (1) of this section, if pursuant to ORS 468A.465 the
Environmental Quality Commission adopts more stringent standards than those
described in subsection (1) of this section for the certification of new solid
fuel burning devices, the commission by rule may prohibit the advertisement for
sale, offer to sell or sale of some or all used solid fuel burning devices
certified for sale as new under less stringent standards if:
(a)
The used solid fuel burning devices were manufactured at least 15 years prior
to the date on which the commission adopts more stringent standards; or
(b)
The used solid fuel burning devices are located in a nonattainment area in this
state that does not attain compliance with standards for particulate matter
established by the commission pursuant to ORS 468A.025. [1991 c.752 §10b; 2009
c.387 §9]
468A.505 Removal; exceptions; confirmation
of removal; rules. (1) In connection with the sale
of a residential structure, all used solid fuel burning devices, other than
cookstoves, in the residential structure or on the real property sold with the
residential structure, must be removed and destroyed unless the solid fuel
burning devices were certified for sale as new:
(a)
By the United States Environmental Protection Agency pursuant to 40 C.F.R. part
60, subpart AAA; or
(b)
By the Department of Environmental Quality pursuant to ORS 468A.465.
(2)
Notwithstanding subsection (1) of this section, if pursuant to ORS 468A.465 the
Environmental Quality Commission adopts more stringent standards than those
described in subsection (1) of this section for the certification of new solid
fuel burning devices, the commission by rule may require the removal and
destruction of some or all used solid fuel burning devices certified for sale
as new under less stringent standards if:
(a)
The used solid fuel burning devices were manufactured at least 15 years prior
to the date on which the commission adopts more stringent standards; or
(b)
The used solid fuel burning devices are located in a nonattainment area in this
state that does not attain compliance with standards for particulate matter
established by the commission pursuant to ORS 468A.025.
(3)
This section does not apply to:
(a)
Masonry heaters;
(b)
Masonry fireplaces described in ORS 468A.485 (4)(b)(A); and
(c)
Central, wood-fired furnaces described in ORS 468A.485 (4)(b)(E).
(4)
The removal and destruction of a used solid fuel burning device under this
section is the responsibility of the seller of the residential structure,
unless the seller and buyer agree in writing that it is the buyer’s
responsibility. If the seller retains responsibility, the seller shall remove
and destroy the device prior to the closing date of the sale of the residential
structure. If the buyer accepts responsibility, the buyer shall remove and
destroy the device within 30 days after the closing date of the sale of the
residential structure.
(5)
The person responsible for removal and destruction of a used solid fuel burning
device under this section shall provide to the department written confirmation
of the removal and destruction, pursuant to rules adopted by the commission.
(6)
The failure of a seller or buyer of a residential structure to comply with this
section does not invalidate an instrument of conveyance executed in the sale. [1991
c.752 §10c; 2009 c.387 §10]
468A.510 [1991
c.752 §10d; repealed by 2009 c.387 §20]
468A.515 Residential solid fuel heating
curtailment program requirements; exemptions; rules.
(1) If a local government or regional authority has not adopted or is not
adequately implementing a curtailment program in any area of the state where
such a program is required under the Clean Air Act, the Environmental Quality
Commission may adopt by rule, and the Department of Environmental Quality may
operate and enforce, a program to curtail residential solid fuel heating during
periods of air stagnation as described in subsection (2) of this section. The
department shall suspend operation and enforcement of a program adopted under
this subsection upon a determination by the department that the local
government or regional authority has adopted and is adequately implementing the
required curtailment program.
(2)
Any programs adopted by the commission pursuant to subsection (1) of this
section to curtail residential solid fuel heating during periods of air
stagnation shall provide for two stages of curtailment based on the severity of
projected air quality conditions. Except as provided in subsection (4) of this
section, the programs shall apply to all heating by means of solid fuel,
including but not limited to solid fuel burning devices, masonry heaters,
pellet stoves, trash burners and all devices described in ORS 468A.485 (4)(b).
The programs shall provide that use of a solid fuel burning device, masonry
fireplace or other solid fuel burning device identified in rules adopted by the
commission be curtailed only at the more severe stage of projected air quality
if the solid fuel burning device, masonry fireplace or other solid fuel burning
device identified in rules adopted by the commission was certified for sale as
new:
(a)
By the United States Environmental Protection Agency pursuant to 40 C.F.R. part
60, subpart AAA; or
(b)
By the department pursuant to ORS 468A.465.
(3)
Notwithstanding subsection (2) of this section, if pursuant to ORS 468A.465 the
commission adopts more stringent standards than those described in subsection
(2) of this section for the certification of new solid fuel burning devices,
the commission by rule may require curtailment during the less severe stage of
projected air quality of some or all solid fuel burning devices certified for
sale as new under less stringent standards if:
(a)
The solid fuel burning devices were manufactured at least 15 years prior to the
date on which the commission adopts more stringent standards; or
(b)
The solid fuel burning devices are located in a nonattainment area in this
state that does not attain compliance with standards for particulate matter
established by the commission pursuant to ORS 468A.025.
(4)
Programs adopted by the commission to curtail residential solid fuel heating
during periods of air stagnation do not apply to:
(a)
A person who is classified at less than or equal to 125 percent of poverty
level pursuant to guidelines established by the commission taking into account
federal poverty guidelines;
(b)
A person whose residence is equipped solely with a solid fuel burning device
that meets any additional requirements as described in rules adopted by the
commission; and
(c)
Pellet stoves, unless the pellet stove is located in a nonattainment area in
this state that does not attain compliance with standards for particulate
matter established by the commission pursuant to ORS 468A.025. [1991 c.752 §11;
2009 c.387 §12]
468A.520 [1991
c.752 §21; repealed by 2009 c.387 §20]
FIELD BURNING AND PROPANE FLAMING
468A.550 Definitions for ORS 468A.550 to
468A.620 and 468A.992. As used in ORS 468A.550 to
468A.620 and 468A.992:
(1)
“Field burning” and “open field burning” do not include:
(a)
Propane flaming of mint stubble; or
(b)
Stack or pile burning of residue from Christmas trees as defined in ORS
571.505.
(2)
“Research and development of alternatives to field burning” includes, but is
not limited to, projects concerned with cultural practices for producing grass
seed without field burning, environmental impacts of alternative seed
production methods, straw marketing and utilization and alternative crops.
(3)
“Smoke management” means the daily control of the conducting of open field
burning to such times and places and in such amounts so as to provide for the
escape of smoke and particulate matter therefrom into the atmosphere with
minimal intrusion into cities and minimal impact on public health and in such a
manner that under existing meteorological conditions a maximum number of acres
registered can be burned in a minimum number of days without substantial
impairment of air quality.
(4)
“Smoke management program” means a plan or system for smoke management. A smoke
management program shall include, but not be limited to, provisions for:
(a)
Annual inventorying and registering, prior to the burning season, of
agricultural fields for open field burning;
(b)
Preparation and issuance of open field burning permits by affected governmental
agencies;
(c)
Gathering and disseminating regional and sectional meteorological conditions on
a daily or hourly basis;
(d)
Scheduling times, places and amounts of agricultural fields that may be open
burned daily or hourly, based on meteorological conditions during the burning
season;
(e)
Conducting surveillance and gathering and disseminating information on a daily
or more frequent basis;
(f)
Effective communications between affected personnel during the burning season;
and
(g)
Employment of personnel to conduct the program. [Formerly 468.453; 1997 c.473 §3;
1999 c.439 §2; 2001 c.70 §1; 2007 c.799 §5]
468A.555 Policy to reduce open field
burning. The Legislative Assembly declares it to
be the public policy of this state to reduce the practice of open field burning
while developing and providing alternative methods of field sanitization and
alternative methods of utilizing and marketing crop residues. [1991 c.920 §3]
468A.560 Applicability of open field
burning, propane flaming and stack and pile burning statutes.
Except for the fee imposed under ORS 468A.615 (1)(c), the provisions of ORS
468A.550 to 468A.620 and 468A.992 shall apply only to open field burning,
propane flaming and stack or pile burning of grass seed crop residues or cereal
grain crop residues on acreage located in Multnomah, Washington, Clackamas,
Marion, Polk, Yamhill, Linn, Benton and Lane Counties. [1991 c.920 §2; 1997
c.473 §4; 2009 c.692 §1]
468A.565 Use of certified alternative
thermal field sanitizer. Notwithstanding any provision of
ORS 468A.550 to 468A.620 and 468A.992, any acreage sanitized by the use of an
alternative thermal field sanitizer certified by the Environmental Quality
Commission and the Director of Agriculture shall be exempt from the provisions
of ORS 468A.550 to 468A.620 and 468A.992. [1991 c.920 §5]
468A.570 Classification of atmospheric
conditions; marginal day. (1) As used in this section:
(a)
“Marginal conditions” means atmospheric conditions such that smoke and
particulate matter escape into the upper atmosphere with some difficulty but
not such that limited additional smoke and particulate matter would constitute
a danger to the public health and safety.
(b)
“Marginal day” means a day on which marginal conditions exist.
(2)
For purposes of ORS 476.380 and 478.960, the Environmental Quality Commission
shall classify different types or combinations of atmospheric conditions as
marginal conditions and shall specify the extent and types of burning that may
be allowed under different combinations of atmospheric conditions. A schedule
describing the types and extent of burning to be permitted on each type of
marginal day shall be prepared and circulated to all public agencies
responsible for providing information and issuing permits under ORS 476.380 and
478.960. The schedule shall give first priority to the burning of perennial
grass seed crops used for grass seed production, second priority to annual
grass seed crops used for grass seed production, third priority to grain crop
burning, and fourth priority to all other burning and shall prescribe duration
of periods of time during the day when burning is authorized.
(3)
In preparing the schedule under subsection (2) of this section, the commission
shall provide for the assignment of fourth priority burning by the State
Department of Agriculture in accordance with the memorandum of understanding
established pursuant to ORS 468A.585.
(4)
In preparing the schedule required under subsection (2) of this section, the
commission shall weigh the economic consequences of scheduled burnings and the
feasibility of alternative actions, and shall consider weather conditions and
other factors necessary to protect the public health and welfare.
(5)
None of the functions of the commission under this section or under ORS 476.380
or 478.960, as it relates to agricultural burning, shall be performed by any regional
air quality control authority established under ORS 468A.105. [1991 c.920 §6]
468A.575 Permits for open burning, propane
flaming or stack or pile burning; rules. (1) Permits
for open burning, propane flaming or stack or pile burning of the residue from
perennial grass seed crops, annual grass seed crops and cereal grain crops are
required in the counties listed in ORS 468A.560. Permits shall be issued in
accordance with rules adopted by the Environmental Quality Commission and
subject to the fee prescribed in ORS 468A.615. The permit described in this
section shall be issued in conjunction with permits required under ORS 476.380
or 478.960.
(2)
By rule the Environmental Quality Commission may delegate to any county court,
board of county commissioners, fire chief of a rural fire protection district
or other responsible person the duty to deliver permits to burn acreage if the
acreage has been registered under ORS 468A.615 and fees have been paid as
required in ORS 468A.615. [1991 c.920 §7; 2009 c.692 §2]
468A.580 Permits; inspections; planting restrictions;
civil penalty. (1) Permits under ORS 468A.575 for open
field burning of cereal grain crops shall be issued in the counties listed in
ORS 468A.560 only if the person seeking the permit submits to the issuing
authority a signed statement under oath or affirmation that the acreage to be
burned will be planted to seed crops other than cereal grains which require
flame sanitation for proper cultivation.
(2)
The Department of Environmental Quality shall inspect cereal grain crop acreage
burned under subsection (1) of this section after planting in the following
spring to determine compliance with subsection (1) of this section.
(3)
Any person planting contrary to the restrictions of subsection (1) of this
section shall be assessed by the department a civil penalty of $25 for each
acre planted contrary to the restrictions. Any amounts collected by the
department under this subsection shall be deposited by the State Treasurer in
the Department of Agriculture Service Fund to be used in carrying out the smoke
management program in cooperation with the Oregon Seed Council and for
administration of this section.
(4)
Any person planting seed crops after burning cereal grain crops under
subsection (1) of this section may apply to the department for permission to
plant contrary to the restrictions of subsection (1) of this section if the
seed crop fails to grow. The department may allow planting contrary to the
restrictions of subsection (1) of this section if the crop failure occurred by
reasons other than the negligence or intentional act of the person planting the
crop or one under the control of the person planting the crop. [1991 c.920 §8;
2009 c.692 §3; 2011 c.597 §211]
468A.585 Memorandum of understanding with
State Department of Agriculture. (1) The
Environmental Quality Commission shall enter into a memorandum of understanding
with the State Department of Agriculture that provides for the State Department
of Agriculture to operate all of the field burning program.
(2)
Subject to the terms of the memorandum of understanding required by subsection
(1) of this section, the State Department of Agriculture:
(a)
May perform any function of the Environmental Quality Commission or the
Department of Environmental Quality relating to the operation and enforcement
of the field burning smoke management program, except for making findings
pursuant to ORS 468A.610 (10) and (11).
(b)
May enter onto and inspect, at any reasonable time, the premises and fields of
any person registered under ORS 468A.615 for an open field burn, propane
flaming or stack or pile burning to ascertain compliance with a statute, rule,
standard or permit condition relating to the field burning smoke management
program.
(c)
May conduct a program for the research and development of alternatives to field
burning. [1991 c.920 §4; 1995 c.358 §3; 2001 c.70 §2; 2009 c.692 §4]
468A.590 Duties of State Department of
Agriculture. Pursuant to the memorandum of
understanding established under ORS 468A.585, the State Department of
Agriculture:
(1)
Shall:
(a)
Conduct the smoke management program established by rule by the Environmental
Quality Commission as it pertains to open field burning, propane flaming and
stack or pile burning.
(b)
Aid fire districts and permit agents in carrying out their responsibilities for
administering field sanitization programs.
(c)
Subject to available funding, conduct a program for the research and
development of alternatives to field burning.
(2)
May:
(a)
Enter into contracts with public and private agencies to carry out the purposes
set forth in subsection (1) of this section;
(b)
Obtain patents in the name of the State of Oregon and assign such rights
therein as the State Department of Agriculture considers appropriate;
(c)
Employ personnel to carry out the duties assigned to it; and
(d)
Sell and dispose of all surplus property of the State Department of Agriculture
related to smoke management, including but not limited to straw-based products
produced or manufactured by the State Department of Agriculture. [1991 c.920 §9;
2001 c.70 §3]
468A.595 Commission rules to regulate
burning pursuant to ORS 468A.550 to 468A.620. In
order to regulate open field burning pursuant to ORS 468A.550 to 468A.620:
(1)
In such areas of the state and for such periods of time as it considers
necessary to carry out the policy of ORS 468A.010, the Environmental Quality
Commission by rule may prohibit, restrict or limit classes, types and extent
and amount of burning for perennial grass seed crops, annual grass seed crops
and grain crops.
(2)
Before promulgating rules pursuant to subsection (1) of this section, the
commission may consult with Oregon State University, the United States Natural
Resources Conservation Service, or its successor agency, the Agricultural
Stabilization Commission, the state Soil and Water Conservation Commission and
other interested agencies. The Department of Environmental Quality shall advise
the commission in the promulgation of such rules. The commission must review
and show on the record the recommendations of the department in promulgating
such rules.
(3)
No regional air quality control authority shall have authority to regulate
burning of perennial grass seed crops, annual grass seed crops and grain crops.
(4)
Any amendments to the State Implementation Plan prepared by the state pursuant
to the federal Clean Air Act, 42 U.S.C. 7401 et seq., as in effect on July 14,
2009, shall be at least of such sufficiency as to gain approval of the
amendment by the United States Environmental Protection Agency. [Formerly
468.460; 1997 c.249 §163; 2009 c.692 §5]
468A.597 Duty to dispose of straw.
Unless otherwise specifically agreed by the parties, after straw is removed
from the fields of the grower, the responsibility for the further disposition
of the straw, including burning or disposal, shall be upon the person who bales
or removes the straw. [1993 c.414 §2]
468A.600 Standards of practice and
performance. The Environmental Quality Commission
shall establish standards of practice and performance for open field burning,
propane flaming, stack or pile burning and certified alternative methods to
open field burning. [1991 c.920 §10]
468A.605 Duties of Department of
Environmental Quality. The Department of Environmental
Quality, in coordinating efforts under ORS 468.140, 468.150, 468A.020, 468A.555
to 468A.620 and 468A.992, shall:
(1)
Enforce all field burning rules adopted by the Environmental Quality Commission
and all related statutes; and
(2)
Monitor and prevent unlawful field burning. [1991 c.920 §11; 1995 c.358 §4]
468A.610 Acreage permitted to be open
burned, propane flamed or stack or pile burned; exceptions; fees; rules.
(1) Except as provided under ORS 468A.620, no person shall open burn or cause
to be open burned, propane flamed or stack or pile burned in the counties
listed in ORS 468A.560, perennial or annual grass seed crop residue or cereal
grain crop residue, unless the acreage has been registered under ORS 468A.615
and the permits required by ORS 468A.575, 476.380 and 478.960 have been
obtained.
(2)
The maximum total registered acreage allowed to be open burned per year
pursuant to subsection (1) of this section shall be:
(a)
For 2009, 20,000 acres.
(b)
For 2010 and thereafter, none.
(3)
The maximum total registered acreage allowed to be stack or pile burned per
year under subsection (1) of this section shall be:
(a)
For 2009, 1,000 acres.
(b)
For 2010, 1,000 acres.
(c)
For 2011, 1,000 acres.
(d)
For 2012, 1,000 acres.
(e)
For 2013 and thereafter, none.
(4)
The maximum total registered acreage allowed to be propane flamed per year
under subsection (1) of this section in the counties listed in ORS 468A.560
shall be:
(a)
For 2009, 500 acres.
(b)
For 2010, 500 acres.
(c)
For 2011, 500 acres.
(d)
For 2012, 500 acres.
(e)
For 2013 and thereafter, none.
(5)
Fields shall be prepared for propane flaming by removing all loose straw or
vacuuming, or prepared using other techniques approved by rule by the
Environmental Quality Commission, and propane equipment shall satisfy best
available technology.
(6)(a)
Notwithstanding the limitations set forth in subsection (2) of this section,
steep terrain and species identified by the Director of Agriculture by rule
shall not be included in the maximum total of permitted acreage set forth in
subsection (2) of this section. The additional acreage allowed to be open
burned shall be 15,000 acres per year.
(b)
Steep terrain and species identified by the Director of Agriculture by rule may
not be open burned under the provisions of this subsection in Benton and Lane
Counties and in Linn County, except for portions of northeast Linn County that
are east of the North Santiam River and north of Jefferson-Scio Drive and
Robinson Drive to the west boundary of the City of Scio and north of Highway
226, and portions of northeast Linn County that are east of Richardson Gap Road
and north of Fish Hatchery Drive.
(7)
Acreage registered to be open burned under this section may be propane flamed
at the registrant’s discretion without reregistering the acreage.
(8)
In the event of the registration of more than the maximum allowable acres for
open burning, propane flaming or stack or pile burning in the counties listed
in ORS 468A.560, the commission, after consultation with the State Department
of Agriculture, by rule or order may assign priority of permits based on soil
characteristics, the crop type, terrain or drainage. In no event may permits be
issued for more than the maximum acreage listed in subsections (2), (3), (4) and
(6) of this section.
(9)
Permits shall be issued under ORS 468A.575 and open burning, propane flaming
and stack or pile burning shall be allowed for the maximum acreage specified in
subsections (2), (3), (4) and (6) of this section unless the daily determination
of suitability of meteorological conditions, regional or local air quality
conditions or other burning conditions requires that a maximum number of acres
not be burned on a given day.
(10)
Upon a finding of danger to public health or safety, the commission may order
temporary emergency cessation of all open field burning, propane flaming and
stack or pile burning in any area of the counties listed in ORS 468A.560.
(11)(a)
Notwithstanding subsection (8) of this section, the commission may by order
permit emergency open burning, propane flaming or stack or pile burning of up
to 2,000 acres each calendar year in addition to the acreage allowed under
subsections (2), (3), (4) and (6) of this section, if the commission finds:
(A)
Extreme hardship due to disease outbreak or insect infestation, as identified
by the commission by rule, outweighs the dangers to public health and safety
from emergency open burning, propane flaming or stack or pile burning;
(B)
Authorization of additional acreage does not result in open burning, propane
flaming or stack or pile burning of more acreage than required to address the
emergency;
(C)
Authorization of additional acreage is limited to the calendar year in which
the commission makes the required findings; and
(D)
All emergency open burning, propane flaming or stack or pile burning is
otherwise consistent with ORS 468A.550 to 468A.620 and rules adopted under ORS
468A.550 to 468A.620.
(b)
The commission by rule may assess fees for the acreage burned pursuant to this
subsection. All fees collected under this subsection shall be deposited in the
State Treasury to the credit of the Department of Agriculture Service Fund for
the purpose specified in ORS 468A.615 (2).
(12)
The commission shall act on any application for a permit under ORS 468A.575
within 60 days of registration and receipt of the fee required under ORS
468A.615. [1991 c.920 §12; 1995 c.358 §5; 2009 c.692 §6; 2010 c.80 §1; 2011 c.9
§62]
468A.612 Field burning prohibition in critical
nonburn areas; rules. (1) Notwithstanding any other
provision of ORS 468A.550 to 468A.620, the Environmental Quality Commission by
rule may prohibit field burning of grass seed crop residues or cereal grain
crop residues in areas determined by the commission to be critical nonburn
areas. The prohibition may be permanent or for a limited period of time.
(2)
To ensure that the provision of electricity services is not interrupted, the
critical nonburn areas described in subsection (1) of this section may include,
but are not limited to, areas under power transmission lines. [2009 c.692 §8]
Note:
468A.612 was added to and made a part of 468A.550 to 468A.620 by legislative
action but was not added to any smaller series therein. See Preface to Oregon
Revised Statutes for further explanation.
468A.615 Registration of acreage to be
burned; fees; rules. (1)(a) On or before April 1 of
each year, the grower of a grass seed crop shall register with the county court
or board of county commissioners, the fire chief of a rural fire protection
district, the designated representative of the fire chief or other responsible
persons the number of acres to be open burned or propane flamed in the
remainder of the year. At the time of registration, the Department of
Environmental Quality shall collect a nonrefundable fee of $4 per acre
registered to be sanitized by open burning or $2 per acre to be sanitized by
propane flaming. The department may contract with counties and rural fire
protection districts or other responsible persons for the collection of the
fees which shall be forwarded to the department. Any person registering after
April 1 in each year shall pay an additional fee of $2 per acre registered if
the late registration is due to the fault of the late registrant or a person
under the control of the late registrant. Late registrations must be approved
by the department. Copies of the registration form shall be forwarded to the
department. The required registration must be made and the fee paid before a
permit shall be issued under ORS 468A.575.
(b)
Except as provided in paragraph (d) of this subsection, the department shall
collect a fee in accordance with paragraph (c) of this subsection for issuing a
permit for open burning, propane flaming or stack or pile burning of perennial
or annual grass seed crop residue or cereal grain crop residue under ORS
468A.555 to 468A.620 and 468A.992. The department may contract with counties
and rural fire protection districts or other responsible persons for the
collection of the fees which shall be forwarded to the department.
(c)
The fee required under paragraph (b) of this subsection shall be paid within 10
days after the date of the invoice issued by the issuing authority and shall
be:
(A)
$16 per acre of crop sanitized by open burning in the counties listed in ORS
468A.560;
(B)
$8 per acre of perennial or annual grass seed crop sanitized by open burning in
any county not listed in ORS 468A.560;
(C)
$4 per acre of crop sanitized by propane flaming;
(D)
$10 per acre for acreage from which 100 percent of the straw is removed and
burned in stacks or piles; and
(E)
For acreage from which less than 100 percent of the straw is removed and burned
in stacks or piles, the same per acre as the fee imposed under subparagraph (D)
of this paragraph, but with a reduction in the amount of acreage for which the
fee is charged by the same percentage as the reduction in the amount of straw
to be burned.
(d)
The fee required by paragraph (b) of this subsection shall not be charged for
any acreage where efficient burning of stubble is accomplished with equipment
certified by the department for field sanitizing purposes or with any other
certified alternative method to open field burning, propane flaming or stack or
pile burning. The fee required by paragraph (b) of this subsection shall not be
charged for any acreage not harvested prior to burning or for any acreage not
burned.
(2)(a)
All fees collected under this section shall be deposited in the State Treasury
to the credit of the Department of Agriculture Service Fund. Such moneys are
continuously appropriated to the State Department of Agriculture for the
purpose of carrying out the duties and responsibilities carried out by the
State Department of Agriculture pursuant to the memorandum of understanding
established under ORS 468A.585. Upon a request from the Environmental Quality
Commission, the State Department of Agriculture shall transfer from the fund to
the commission moneys sufficient for the commission to carry out its duties
specified in ORS 468A.610 (10) and (11).
(b)
The State Department of Agriculture by rule may increase the fees required
under this section as needed to carry out its duties and responsibilities
pursuant to the memorandum of understanding established under ORS 468A.585,
provided that the fees do not exceed the costs of the State Department of
Agriculture in operating all of the field burning program.
(3)
It is the intention of the Legislative Assembly that the programs for smoke
management, air quality monitoring and the enforcement of rules under ORS
468A.550 to 468A.620 and 468A.992 be operated in a manner that maximizes the
resources available for the research and development program. Therefore, with
regard to the disbursement of funds collected under subsection (1) of this
section, the State Department of Agriculture shall act in accordance with the
intent of the Legislative Assembly and shall:
(a)
Pay an amount to the county or board of county commissioners or the fire chief
of the rural fire protection district or other responsible person, for each
fire protection district, $1 per acre registered for each of the first 5,000
acres registered for open field burning and propane flaming in the district, 75
cents per acre registered for each of the second 5,000 acres registered in the
district and 35 cents per acre registered for all acreage registered in the
district in excess of 10,000 acres, to cover the cost of and to be used solely
for the purpose of administering the program of registration of acreage to be
burned, issuance of permits, keeping of records and other matters directly
related to agricultural field burning. For each acre from which straw is
removed and burned in stacks or piles, the State Department of Agriculture
shall pay to the county or board of county commissioners, or the fire chief of
the rural fire protection district or other responsible person, 25 cents per
acre.
(b)
Designate an amount to be used for the smoke management program. The State
Department of Agriculture by contract with the Oregon Seed Council or otherwise
shall organize rural fire protection districts and growers, coordinate and
provide communications, hire ground support personnel, provide aircraft
surveillance and provide such added support services as are necessary.
(c)
Retain funds for the operation and maintenance of the Willamette Valley field
burning air quality impact monitoring network and to insure adequate
enforcement of rules established by the Environmental Quality Commission
governing standards of practice for open field burning, propane flaming and
stack or pile burning. [1991 c.920 §13; 1993 c.414 §3; 1995 c.79 §285; 1995
c.358 §6; 2009 c.692 §9]
468A.620 Experimental field sanitization;
rules. (1) For the purpose of improving by
demonstration or investigation the environmental or agronomic effects of
alternative methods of field sanitization, the Environmental Quality Commission
shall by rule allow experimental field sanitization under the direction of the
Department of Environmental Quality for up to 1,000 acres of perennial grass seed
crops, annual grass seed crops and grain crops in such areas and for such
periods of time as the commission considers necessary. Experimental field
sanitization includes but is not limited to:
(a)
Development, demonstration or training personnel in the use of special or
unusual field ignition techniques or methodologies.
(b)
Setting aside times, days or areas for special studies.
(c)
Operation of experimental mobile field sanitizers and improved propane flaming
devices.
(d)
Improved methods of stack or pile burning.
(2)
The commission may allow open burning under this section of acreage for which
permits have not been issued under ORS 468A.575 if the commission finds that
the experimental burning:
(a)
Can, in theory, reduce the adverse effects on air quality or public health from
open field burning; and
(b)
Is necessary in order to obtain information on air quality, public health or
the agronomic effects of an experimental form of field sanitization.
(3)
The commission may, by rule, establish fees, registration requirements and
other requirements or limitations necessary to carry out the provisions of this
section. [1991 c.920 §14; 2009 c.692 §10]
CHLOROFLUOROCARBONS AND HALON CONTROL
468A.625 Definitions for ORS 468A.630 to
468A.645. As used in ORS 468A.630 to 468A.645:
(1)
“Chlorofluorocarbons” includes:
(a)
CFC-11 (trichlorofluoromethane);
(b)
CFC-12 (dichlorodifluoromethane);
(c)
CFC-113 (trichlorotrifluoroethane);
(d)
CFC-114 (dichlorotetrafluoroethane); and
(e)
CFC-115 ((mono)chloropentafluoro-ethane).
(2)
“Halon” includes:
(a)
Halon-1211 (bromochlorodifluoro-ethane);
(b)
Halon-1301 (bromotrifluoroethane); and
(c)
Halon-2402 (dibromotetrafluoro-ethane). [Formerly 468.612]
468A.630 Legislative findings.
(1) The Legislative Assembly finds and declares that chlorofluorocarbons and
halons are being unnecessarily released into the atmosphere, destroying the
Earth’s protective ozone layer and causing damage to all life.
(2)
It is therefore declared to be the policy of the State of Oregon to:
(a)
Reduce the use of these compounds;
(b)
Recycle these compounds in use; and
(c)
Encourage the substitution of less dangerous substances. [Formerly 468.614]
468A.635 Restrictions on sale,
installation and repairing of items containing chlorofluorocarbons and halon;
rules. (1) After July 1, 1990, no person shall
sell at wholesale, and after January 1, 1991, no person shall sell any of the
following:
(a)
Chlorofluorocarbon coolant for motor vehicles in containers with a total weight
of less than 15 pounds.
(b)
Hand-held halon fire extinguishers for residential use.
(c)
Party streamers and noisemakers that contain chlorofluorocarbons.
(d)
Electronic equipment cleaners, photographic equipment cleaners and disposable
containers of chilling agents that contain chlorofluorocarbons and that are
used for noncommercial or nonmedical purposes.
(e)
Food containers or other food packaging that is made of polystyrene foam that
contains chlorofluorocarbons.
(2)(a)
One year after the Environmental Quality Commission determines that equipment
for the recovery and recycling of chlorofluorocarbons used in automobile air
conditioners is affordable and available, no person shall engage in the
business of installing, servicing, repairing, disposing of or otherwise
treating automobile air conditioners without recovering and recycling
chlorofluorocarbons with approved recovery and recycling equipment.
(b)
Until one year after the operative date of paragraph (a) of this subsection,
the provisions of paragraph (a) of this subsection shall not apply to:
(A)
Any automobile repair shop that has fewer than four employees; or
(B)
Any automobile repair shop that has fewer than three covered bays.
(3)
The Environmental Quality Commission shall establish by rule standards for
approved equipment for use in recovering and recycling chlorofluorocarbons in
automobile air conditioners. [Formerly 468.616]
468A.640 Department program to reduce use
of and recycle compounds. Subject to available funding,
the Department of Environmental Quality may establish a program to carry out
the purposes of ORS 468A.625 to 468A.645, including enforcement of the
provisions of ORS 468A.635. [Formerly 468.618]
468A.645 State Fire Marshal; program;
halons; guidelines. The State Fire Marshal shall
establish a program to minimize the unnecessary release of halons into the
environment by providing guidelines for alternatives to full-scale dump testing
procedures for industrial halon-based fire extinguishing systems. [Formerly
468.621]
AEROSOL SPRAY CONTROL
468A.650 Legislative findings.
The Legislative Assembly finds that:
(1)
Scientific studies have revealed that certain chlorofluorocarbon compounds used
in aerosol sprays may be destroying the ozone layer in the earth’s
stratosphere;
(2)
The ozone layer is vital to life on earth, preventing approximately 99 percent
of the sun’s mid-ultraviolet radiation from reaching the earth’s surface;
(3)
Increased intensity of ultraviolet radiation poses a serious threat to life on
earth including increased occurrences of skin cancer, damage to food crops,
damage to phytoplankton which is vital to the production of oxygen and to the
food chain, and unpredictable and irreversible global climatic changes;
(4)
It has been estimated that production of ozone destroying chemicals is
increasing at a rate of 10 percent per year, at which rate the ozone layer will
be reduced 13 percent by the year 2014;
(5)
It has been estimated that there has already been one-half to one percent
depletion of the ozone layer;
(6)
It has been estimated that an immediate halt to production of ozone destroying
chemicals would still result in an approximate three and one-half percent
reduction in ozone by 1990; and
(7)
There is substantial evidence to believe that inhalation of aerosol sprays is a
significant hazard to human health. [Formerly 468.600]
Note:
468A.650 and 468A.655 were enacted into law by the Legislative Assembly but
were not added to or made a part of ORS chapter 468A or any series therein by
legislative action. See Preface to Oregon Revised Statutes for further
explanation.
468A.655 Prohibition on sale or promotion;
exemption for medical use. (1) Unless otherwise provided by
law, after March 1, 1977, no person shall sell or offer to sell or give as a
sales inducement in this state any aerosol spray which contains as a propellant
trichloromonofluoromethane, difluorodichloromethane or any other saturated
chlorofluorocarbon compound not containing hydrogen.
(2)
Nothing in this section prohibits the sale of any aerosol spray containing any
propellant described in subsection (1) of this section if such aerosol spray is
intended to be used for a legitimate medical purpose in the treatment of asthma
or any respiratory disorder; or such aerosol spray is intended to be used for a
legitimate medical purpose and the State Board of Pharmacy determines by
administrative rule that the use of the aerosol spray is essential to such
intended use. [Formerly 468.605]
Note: See
note under 468A.650.
468A.660 Wholesale transactions permitted.
Nothing in ORS 468A.655 shall prevent wholesale transactions, including but not
limited to the transportation, warehousing, sale, and delivery of any aerosol
spray described in ORS 468A.655 (1). [Formerly 468.610]
ASBESTOS ABATEMENT PROJECTS
468A.700 Definitions for ORS 468A.700 to
468A.760. As used in ORS 468A.700 to 468A.760:
(1)
“Accredited” means a provider of asbestos abatement training courses is
authorized by the Department of Environmental Quality to offer training courses
that satisfy department requirements for contractor licensing and worker
training.
(2)
“Agent” means an individual who works on an asbestos abatement project for a
contractor but is not an employee of the contractor.
(3)
“Asbestos” means the asbestiform varieties of serpentine (chrysotile),
riebeckite (crocidolite), cummungtonite-grunerite (amosite), anthophyllite,
actinolite and tremolite.
(4)
“Asbestos abatement project” means any demolition, renovation, repair,
construction or maintenance activity of any public or private facility that
involves the repair, enclosure, encapsulation, removal, salvage, handling or
disposal of any material with the potential of releasing asbestos fibers from
asbestos-containing material into the air.
(5)
“Asbestos-containing material” means any material containing more than one
percent asbestos by weight.
(6)
“Contractor” means a person that undertakes for compensation an asbestos
abatement project for another person. As used in this subsection, “compensation”
means wages, salaries, commissions and any other form of remuneration paid to a
person for personal services.
(7)
“Facility” means all or part of any public or private building, structure,
installation, equipment, vehicle or vessel, including but not limited to ships.
(8)
“Friable asbestos material” means any asbestos-containing material that hand
pressure can crumble, pulverize or reduce to powder when dry.
(9)
“Person” means an individual, public or private corporation, nonprofit
corporation, association, firm, partnership, joint venture, business trust,
joint stock company, municipal corporation, political subdivision, the state
and any agency of the state or any other entity, public or private, however
organized.
(10)
“Trained worker” means a person who has successfully completed specified
training in and can demonstrate knowledge of the health and safety aspects of
working with asbestos.
(11)
“Worker” means an employee or agent of a contractor or facility owner or
operator. [Formerly 468.875]
468A.705 Legislative findings.
The Legislative Assembly finds and declares that:
(1)
Asbestos-containing material in a friable condition, or when physically or
chemically altered, can release asbestos fibers into the air. Asbestos fibers
are respiratory hazards proven to cause lung cancer, mesothelioma and
asbestosis and as such, are a danger to the public health.
(2)
There is no known minimal level of exposure to asbestos fibers that guarantees
the full protection of the public health.
(3)
Asbestos-containing material found in or on facilities or used for other
purposes within the state is a potential health hazard.
(4)
The increasing number of asbestos abatement projects increases the exposure of
contractors, workers and the public to the hazards of asbestos.
(5)
If improperly performed, an asbestos abatement project creates unnecessary
health and safety hazards that are detrimental to citizens and to the state in
terms of health, family life, preservation of human resources, wage loss,
insurance, medical expenses and disability compensation payments.
(6)
It is in the public interest to reduce exposure to asbestos caused by
improperly performed asbestos abatement projects through the upgrading of
contractor and worker knowledge, skill and competence. [Formerly 468.877]
468A.707 Asbestos abatement program;
rules; contractor licensing; worker certification.
(1) The Environmental Quality Commission by rule shall:
(a)
Establish an asbestos abatement program that assures the proper and safe
abatement of asbestos hazards through contractor licensing and worker training.
(b)
Establish the date after which a contractor must be licensed under ORS 468A.720
and a worker must hold a certificate under ORS 468A.730.
(c)
Establish criteria and provisions for granting an extension of time for contractor
licensing and worker certification, which may consider the number of workers
and the availability of accredited training courses.
(2)
The program established under subsection (1) of this section shall include at
least:
(a)
Criteria for contractor licensing and training;
(b)
Criteria for worker certification and training;
(c)
Standardized training courses; and
(d)
A procedure for inspecting asbestos abatement projects.
(3)
In establishing the training requirements under subsections (1) and (2) of this
section, the commission shall adopt different training requirements that
reflect the different levels of responsibility of the contractor or worker, so
that within the category of contractor, sublevels shall be separately licensed
or exempted and within the category of worker, sublevels shall be separately
certified or exempted. The commission shall specifically address as a separate
class, those contractors and workers who perform small scale, short duration
renovating and maintenance activity. As used in this subsection, “small scale,
short duration renovating and maintenance activity” means a task for which the
removal of asbestos is not the primary objective of the job, including but not
limited to:
(a)
Removal of asbestos-containing insulation on pipes;
(b)
Removal of small quantities of asbestos-containing insulation on beams or above
ceilings;
(c)
Replacement of an asbestos-containing gasket on a valve;
(d)
Installation or removal of a small section of drywall; or
(e)
Installation of electrical conduits through or proximate to asbestos-containing
materials.
(4)
The Department of Environmental Quality, on behalf of the commission, shall
consult with the Department of Consumer and Business Services and the Oregon
Health Authority about proposed rules for the asbestos abatement program to
assure that the rules are compatible with all other state and federal statutes
and regulations related to asbestos abatement.
(5)
The Department of Environmental Quality shall cooperate with the Department of
Consumer and Business Services and the Oregon Health Authority to promote
proper and safe asbestos abatement work practices and compliance with the
provisions of ORS 279B.055 (2)(g), 279B.060 (2)(g), 279C.365 (1)(j), 468.126,
468A.135 and 468A.700 to 468A.760. [1987 c.741 §4; 1993 c.18 §175; 2003 c.794 §293;
2009 c.595 §951]
468A.710 License required for asbestos
abatement project. (1) Except as provided in ORS
468A.707 (1)(c) and (3), after the Environmental Quality Commission adopts
rules under ORS 468A.707 and 468A.745, no contractor shall work on an asbestos
abatement project unless the contractor holds a license issued by the
Department of Environmental Quality under ORS 468A.720.
(2)
A contractor carrying out an asbestos abatement project shall be responsible
for the safe and proper handling and delivery of waste that includes
asbestos-containing material to a landfill authorized to receive such waste. [Formerly
468.879]
468A.715 Licensed contractor required;
exception. (1) Except as provided in subsection
(2) of this section, an owner or operator of a facility containing asbestos
shall require only licensed contractors to perform asbestos abatement projects.
(2)
A facility owner or operator whose own employees maintain, repair, renovate or
demolish the facility may allow the employees to work on asbestos abatement
projects only if the employees comply with the training and certification
requirements established under ORS 468A.730. [Formerly 468.881]
468A.720 Qualifications for license;
application. (1) The Department of Environmental
Quality shall issue an asbestos abatement license to a contractor who:
(a)
Successfully completes an accredited training course for contractors.
(b)
Requires each employee or agent of the contractor who works on or is directly
responsible for an asbestos abatement project to be certified under ORS
468A.730.
(c)
Certifies that the contractor has read and understands the applicable state and
federal rules and regulations on asbestos abatement and agrees to comply with
the rules and regulations.
(2)
A contractor shall apply for a license or renewal of a license according to the
procedures established by rule by the Environmental Quality Commission. [Formerly
468.883]
468A.725 Grounds for license suspension or
revocation. (1) The Department of Environmental
Quality may suspend or revoke an asbestos abatement license issued to a
contractor under ORS 468A.720 if the licensee:
(a)
Fraudulently obtains or attempts to obtain a license.
(b)
Fails at any time to satisfy the qualifications for a license or to comply with
rules adopted by the Environmental Quality Commission under ORS 468A.700 to
468A.760.
(c)
Fails to meet any applicable state or federal standard relating to asbestos
abatement.
(d)
Permits an untrained worker to work on an asbestos abatement project.
(e)
Employs a worker who fails to comply with applicable state or federal rules or
regulations relating to asbestos abatement.
(2)
In addition to any penalty provided by ORS 468.140, the department may suspend
or revoke the license or certification of any person who violates the
conditions of ORS 468A.700 to 468A.755 or rules adopted under ORS 468A.700 to
468A.755. [Formerly 468.885]
468A.730 Worker certificate required;
qualifications; renewal application; suspension or revocation.
(1) Except as provided in ORS 468A.707 (1)(c) and (3), after the Environmental
Quality Commission adopts rules under ORS 468A.745, no worker shall work on an
asbestos abatement project unless the person holds a certificate issued by the
Department of Environmental Quality or the department’s authorized
representative under subsection (2) of this section.
(2)
The department or an authorized representative of the department shall issue an
asbestos abatement certificate to a worker who successfully completes an
accredited asbestos abatement training course approved by the department.
(3)
If the commission determines there is a need for a category of workers to
update the workers’ training in order to meet new or changed conditions, the
commission may require the worker, as a condition of certificate renewal, to
successfully complete an accredited asbestos abatement review course.
(4)
A worker or the facility owner or operator shall submit an application for an
asbestos abatement certificate and renewal of a certificate according to
procedures established by rule by the Environmental Quality Commission.
(5)
The department may suspend or revoke a certificate if a worker fails to comply
with applicable health and safety rules or standards. [Formerly 468.887]
468A.735 Alternatives to protection
requirements; approval. Subject to the direction of the
Environmental Quality Commission, the Director of the Department of
Environmental Quality may approve, on a case-by-case basis, an alternative to a
specific worker and public health protection requirement for an asbestos
abatement project if the contractor or facility owner or operator submits a
written description of the alternative procedure and demonstrates to the
director’s satisfaction that the proposed alternative procedure provides worker
and public health protection equivalent to the protection that would be
provided by the waived provisions. [Formerly 468.889]
468A.740 Accreditation requirements;
rules. (1) The Environmental Quality
Commission by rule shall provide for accreditation of courses that satisfy
training requirements contractors must comply with to qualify for an asbestos
abatement license under ORS 468A.720 and courses that workers must successfully
complete to become certified under ORS 468A.730.
(2)
The accreditation requirements established by the commission under subsection
(1) of this section shall reflect the level of training that a course provider
must offer to satisfy the licensing requirements under ORS 468A.720 and the
certification requirements under ORS 468A.730.
(3)
In order to be accredited under subsection (1) of this section, a training
course shall include at a minimum material relating to:
(a)
The characteristics and uses of asbestos and the associated health hazards;
(b)
Local, state and federal standards relating to asbestos abatement work
practices;
(c)
Methods to protect personal and public health from asbestos hazards;
(d)
Air monitoring;
(e)
Safe and proper asbestos abatement techniques; and
(f)
Proper disposal of waste containing asbestos.
(4)
In addition to the requirements under subsection (3) of this section, the
person providing a training course for which accreditation is sought shall
demonstrate to the satisfaction of the Department of Environmental Quality the
ability and proficiency to conduct the training.
(5)
Any person providing accredited asbestos abatement training shall make
available to the department for audit purposes, at no cost to the department,
all course materials, records and access to training sessions.
(6)
Applications for accreditation and renewals of accreditation shall be submitted
according to procedures established by rule by the commission.
(7)
The department may suspend or revoke training course accreditation if the
provider fails to meet and maintain any standard established by the commission.
(8)
The commission by rule shall establish provisions to allow a worker or
contractor trained in another state to use training in other states to satisfy
Oregon licensing and certification requirements, if the commission finds that
the training received in the other state would meet the requirements of this
section. [Formerly 468.891]
468A.745 Rules; variances; training;
standards; procedures. The Environmental Quality
Commission shall adopt rules to carry out its duties under ORS 279B.055 (2)(g),
279B.060 (2)(g), 279C.365 (1)(j), 468A.135 and 468A.700 to 468A.760. In
addition, the commission may:
(1)
Allow variances from the provisions of ORS 468A.700 to 468A.755 in the same
manner variances are granted under ORS 468A.075.
(2)
Establish training requirements for contractors applying for an asbestos
abatement license.
(3)
Establish training requirements for workers applying for a certificate to work
on asbestos abatement projects.
(4)
Establish standards and procedures to accredit asbestos abatement training
courses for contractors and workers.
(5)
Establish standards and procedures for licensing contractors and certifying
workers.
(6)
Issue, renew, suspend and revoke licenses, certificates and accreditations.
(7)
Determine those classes of asbestos abatement projects for which the person
undertaking the project must notify the Department of Environmental Quality
before beginning the project.
(8)
Establish work practice standards, compatible with standards of the Department
of Consumer and Business Services, for the abatement of asbestos hazards and
the handling and disposal of waste materials containing asbestos.
(9)
Provide for asbestos abatement training courses that satisfy the requirements
for contractor licensing under ORS 468A.720 or worker certification under ORS
468A.730. [Formerly 468.893; 1993 c.744 §229; 2003 c.794 §294]
468A.750 Fee schedule; waiver;
disposition. (1) By rule and after hearing, the
Environmental Quality Commission shall establish a schedule of fees for:
(a)
Licenses issued under ORS 468A.720;
(b)
Worker certification under ORS 468A.730;
(c)
Training course accreditation under ORS 468A.740; and
(d)
Notices of intent to perform an asbestos abatement project under ORS 468A.745
(7).
(2)
The fees established under subsection (1) of this section shall be based upon
the costs of the Department of Environmental Quality in carrying out the
asbestos abatement program established under ORS 468A.707.
(3)
In adopting the schedule of fees under this section the commission shall
include provisions and procedures for granting a waiver of a fee.
(4)
The fees collected under this section shall be paid into the State Treasury and
deposited in the General Fund to the credit of the Department of Environmental
Quality. Such moneys are continuously appropriated to the Department of
Environmental Quality to pay the department’s expenses in administering and
enforcing the asbestos abatement program. [Formerly 468.895]
468A.755 Exemptions.
(1) Except as provided in subsection (2) of this section, ORS 468A.700 to
468A.750 do not apply to an asbestos abatement project in a private residence
if:
(a)
The residence is occupied by the owner; and
(b)
The owner occupant is performing the asbestos abatement work.
(2)
Any person exempt from ORS 468A.700 to 468A.750 under subsection (1) of this
section shall handle and dispose of asbestos-containing material in compliance
with standards established by the Environmental Quality Commission under ORS
468A.745. [Formerly 468.897]
468A.760 Content of bid advertisement.
Any public agency requesting bids or proposals for a proposed project shall
first make a determination of whether or not the project requires a contractor
licensed under ORS 468A.720. The public agency shall include such requirement
in the bid or proposal advertisement under ORS 279B.055 (2)(g), 279B.060 (2)(g)
and 279C.365 (1)(j). [Formerly 468.899; 2003 c.794 §295]
INDOOR AIR POLLUTION CONTROL
468A.775 Indoor air quality sampling;
accreditation and certification programs. (1)
The Environmental Quality Commission shall establish a voluntary accreditation
program for those providing indoor air quality sampling services or ventilation
system evaluations for public areas, office workplaces or private residences.
Provisions shall be made to accept accreditation of other state programs if
they are comparable with the accreditation program established under this
section.
(2)
The Environmental Quality Commission shall establish a voluntary contractor
certification program for contractors providing remedial action for residential
indoor air pollution. Provisions shall be made to accept accreditation of other
state programs if they are comparable with the accreditation program
established under this section. [Formerly 468.357]
Note:
468A.775 to 468A.785 were enacted into law by the Legislative Assembly but were
not added to or made a part of ORS chapter 468A or any series therein by
legislative action. See Preface to Oregon Revised Statutes for further
explanation.
468A.780 Schedule of fees; accreditation and
certification programs. The Environmental Quality
Commission shall establish by rule a schedule of annual fees, not to exceed
$500 per participating contractor, to pay the Department of Environmental
Quality’s costs in operating the:
(1)
Voluntary accreditation program under ORS 468A.775 (1); and
(2)
Voluntary contractor certification program under ORS 468A.775 (2). [Formerly
468.358]
Note: See
note under 468A.775.
468A.785 Pilot programs.
(1) Upon the advice of the Indoor Air Pollution Task Force, the Environmental
Quality Commission may establish a pilot program for any product designed for
household or office use that is not adequately regulated by federal law that
may be a threat to human health by contaminating indoor air.
(2)
The Environmental Quality Commission may establish a voluntary product-labeling
pilot program to identify products with a low potential for causing indoor air
pollution. [Formerly 468.359]
Note: See
note under 468A.775.
AGRICULTURAL OPERATIONS AND EQUIPMENT
468A.790 Memorandum of understanding with
State Department of Agriculture; rules. (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. [2007 c.799 §2]
DIESEL ENGINES
468A.793 Goal to reduce excess lifetime
risk of cancer due to exposure to diesel engine emissions.
The Environmental Quality Commission shall establish a goal to reduce excess
lifetime risk of cancer due to exposure to diesel engine emissions to no more
than one case per million individuals by 2017. In setting the goal, the
commission shall include a target to substantially reduce the risk to school
children from diesel engine emissions produced by Oregon school buses by the
end of 2013. The Department of Environmental Quality is directed to track and
report to the Legislative Assembly on the progress in meeting this goal. [2007
c.855 §2]
468A.795 Definitions.
As used in ORS 468A.795 to 468A.803 and sections 11 to 16, chapter 855, Oregon
Laws 2007:
(1)
“Combined weight” has the meaning given that term in ORS 825.005.
(2)
“Cost-effectiveness threshold” means the cost, in dollars, per ton of diesel
particulate matter reduced, as established by rule of the Environmental Quality
Commission.
(3)
“Heavy-duty truck” means a motor vehicle or combination of vehicles operated as
a unit that has a combined weight that is greater than 26,000 pounds.
(4)
“Incremental cost” means the cost of a qualifying repower or retrofit less a
baseline cost that would otherwise be incurred in the normal course of
business.
(5)
“Medium-duty truck” means a motor vehicle or combination of vehicles operated
as a unit that has a combined weight that is greater than 14,000 pounds but
less than or equal to 26,000 pounds.
(6)
“Motor vehicle” has the meaning given that term in ORS 825.005.
(7)
“Nonroad Oregon diesel engine” means any Oregon diesel engine that was not
designed primarily to propel a motor vehicle on public highways of this state.
(8)
“Oregon diesel engine” means an engine at least 50 percent of the use of which,
as measured by miles driven or hours operated, will occur in Oregon for the
three years following the repowering or retrofitting of the engine.
(9)
“Oregon diesel truck engine” means a diesel engine in a truck at least 50
percent of the use of which, as measured by miles driven or hours operated, has
occurred in Oregon for the two years preceding the scrapping of the engine.
(10)
“Public highway” has the meaning given that term in ORS 825.005.
(11)
“Repower” means to scrap an old diesel engine and replace it with a new engine,
a used engine or a remanufactured engine, or with electric motors, drives or
fuel cells, with a minimum useful life of seven years.
(12)
“Retrofit” means to equip a diesel engine with new emissions-reducing parts or
technology after the manufacture of the original engine. A retrofit must use
the greatest degree of emissions reduction available for the particular
application of the equipment retrofitted that meets the cost-effectiveness
threshold.
(13)
“Scrap” means to destroy and render inoperable.
(14)
“Truck” means a motor vehicle or combination of vehicles operated as a unit
that has a combined weight that is greater than 14,000 pounds. [2007 c.855 §6]
Note: The
amendments to 468A.795 by section 6a, chapter 855, Oregon Laws 2007, become
operative January 2, 2018. See section 6b, chapter 855, Oregon Laws 2007. The
text that is operative on and after January 2, 2018, is set forth for the user’s
convenience.
468A.795.
As used in ORS 468A.795 to 468A.803:
(1)
“Combined weight” has the meaning given that term in ORS 825.005.
(2)
“Cost-effectiveness threshold” means the cost, in dollars, per ton of diesel
particulate matter reduced, as established by rule of the Environmental Quality
Commission.
(3)
“Heavy-duty truck” means a motor vehicle or combination of vehicles operated as
a unit that has a combined weight that is greater than 26,000 pounds.
(4)
“Incremental cost” means the cost of a qualifying repower or retrofit less a
baseline cost that would otherwise be incurred in the normal course of
business.
(5)
“Medium-duty truck” means a motor vehicle or combination of vehicles operated
as a unit that has a combined weight that is greater than 14,000 pounds but
less than or equal to 26,000 pounds.
(6)
“Motor vehicle” has the meaning given that term in ORS 825.005.
(7)
“Nonroad Oregon diesel engine” means any Oregon diesel engine that was not
designed primarily to propel a motor vehicle on public highways of this state.
(8)
“Oregon diesel engine” means an engine at least 50 percent of the use of which,
as measured by miles driven or hours operated, will occur in Oregon for the
three years following the repowering or retrofitting of the engine.
(9)
“Oregon diesel truck engine” means a diesel engine in a truck at least 50
percent of the use of which, as measured by miles driven or hours operated, has
occurred in Oregon for the two years preceding the scrapping of the engine.
(10)
“Public highway” has the meaning given that term in ORS 825.005.
(11)
“Repower” means to scrap an old diesel engine and replace it with a new engine,
a used engine or a remanufactured engine, or with electric motors, drives or
fuel cells, with a minimum useful life of seven years.
(12)
“Retrofit” means to equip a diesel engine with new emissions-reducing parts or
technology after the manufacture of the original engine. A retrofit must use
the greatest degree of emissions reduction available for the particular
application of the equipment retrofitted that meets the cost-effectiveness
threshold.
(13)
“Scrap” means to destroy and render inoperable.
(14)
“Truck” means a motor vehicle or combination of vehicles operated as a unit
that has a combined weight that is greater than 14,000 pounds.
468A.796 School buses; retrofitting of
engines; replacement. All school buses with diesel
engines operated in Oregon must be:
(1)
Retrofitted with 2007 equivalent engines and 2007 fine particulate matter
capture technology by January 1, 2017; or
(2)
Replaced with school buses manufactured on or after January 1, 2007, by January
1, 2025. A school bus replaced under this subsection may not be used for
transportation of any type. [2009 c.631 §2]
468A.797 Standards for certified cost of
qualifying repower or retrofit; rules. (1) The
Environmental Quality Commission by rule shall establish standards related to
the certified cost necessary to perform a qualifying repower or retrofit,
including but not limited to rules establishing the certified cost for purposes
of the tax credit established in section 12, chapter 855, Oregon Laws 2007.
(2)
For the purposes of subsection (1) of this section, certified cost:
(a)
May not exceed the incremental cost of labor and hardware that the Department
of Environmental Quality finds necessary to perform a qualifying repower or
retrofit;
(b)
Does not include the cost of any portion of a repower or retrofit undertaken to
comply with any applicable local, state or federal pollution or emissions law
or for ordinary maintenance, repair or replacement of a diesel engine; and
(c)
May not exceed the cost-effectiveness threshold. [2007 c.855 §7]
Note: The
amendments to 468A.797 by section 7a, chapter 855, Oregon Laws 2007, become
operative January 2, 2018. See section 7b, chapter 855, Oregon Laws 2007. The
text that is operative on and after January 2, 2018, is set forth for the user’s
convenience.
468A.797.
(1) The Environmental Quality Commission by rule shall establish standards
related to the certified cost necessary to perform a qualifying repower or
retrofit.
(2)
For the purposes of subsection (1) of this section, certified cost:
(a)
May not exceed the incremental cost of labor and hardware that the Department
of Environmental Quality finds necessary to perform a qualifying repower or
retrofit;
(b)
Does not include the cost of any portion of a repower or retrofit undertaken to
comply with any applicable local, state or federal pollution or emissions law
or for ordinary maintenance, repair or replacement of a diesel engine; and
(c)
May not exceed the cost-effectiveness threshold.
468A.799 Standards for qualifying repower
of nonroad diesel engine or retrofit of diesel engine; rules.
(1) The Environmental Quality Commission by rule shall establish standards for
the qualifying repower of a nonroad Oregon diesel engine or retrofit of an
Oregon diesel engine, including but not limited to rules establishing repower
or retrofit qualifications for purposes of the tax credit established in
section 12, chapter 855, Oregon Laws 2007.
(2)
The standards adopted by the commission under this section must include:
(a)
A requirement for the reduction of diesel particulate matter emissions by at
least 25 percent compared with the baseline emissions for the relevant engine
year and application;
(b)
A list of technologies approved as qualifying repowers or retrofits that have
been verified by the United States Environmental Protection Agency or the
California Air Resources Board; and
(c)
A requirement that a qualifying repower or retrofit does not include the
repower or retrofit of a vehicle or engine for which a grant, loan or tax
credit under ORS 468A.803 or section 12, chapter 855, Oregon Laws 2007, has
been awarded or allowed, unless the repower or retrofit will reduce emissions
further than the repower or retrofit funded by the grant, loan or tax credit. [2007
c.855 §8]
Note: The
amendments to 468A.799 by section 8a, chapter 855, Oregon Laws 2007, become
operative January 2, 2018. See section 8b, chapter 855, Oregon Laws 2007. The
text that is operative on and after January 2, 2018, is set forth for the user’s
convenience.
468A.799.
(1) The Environmental Quality Commission by rule shall establish standards for
the qualifying repower of a nonroad Oregon diesel engine or retrofit of an
Oregon diesel engine.
(2)
The standards adopted by the commission under this section must include:
(a)
A requirement for the reduction of diesel particulate matter emissions by at
least 25 percent compared with the baseline emissions for the relevant engine
year and application;
(b)
A list of technologies approved as qualifying repowers or retrofits that have
been verified by the United States Environmental Protection Agency or the
California Air Resources Board; and
(c)
A requirement that a qualifying repower or retrofit does not include the
repower or retrofit of a vehicle or engine for which a grant or loan under ORS
468A.803 has been awarded or allowed, unless the repower or retrofit will
reduce emissions further than the repower or retrofit funded by the grant or
loan.
468A.801 Clean Diesel Engine Fund;
interest. (1) The Clean Diesel Engine Fund is
established in the State Treasury separate and distinct from the General Fund.
Interest earned by the Clean Diesel Engine Fund shall be credited to the fund.
The moneys in the fund are continuously appropriated to the Department of
Environmental Quality to be used for the purposes described in ORS 468A.803.
(2)
The Clean Diesel Engine Fund consists of:
(a)
Funds appropriated by the Legislative Assembly;
(b)
Grants provided by the federal government pursuant to the federal Clean Air
Act, 42 U.S.C. 7401 et seq., or other federal laws; and
(c)
Any other revenues derived from gifts or grants given to the state for the
purpose of providing financial assistance to owners or operators of diesel
engines for the purpose of repowering, retrofitting or scrapping diesel engines
to reduce diesel engine emissions. [2007 c.855 §9]
468A.803 Uses of Clean Diesel Engine Fund;
rules. (1) The Department of Environmental
Quality shall use the moneys in the Clean Diesel Engine Fund to award:
(a)
Grants and loans to the owners and operators of Oregon diesel engines for up to
100 percent of the certified costs of qualifying retrofits as described in ORS
468A.797 and 468A.799;
(b)
Grants and loans to the owners and operators of nonroad Oregon diesel engines
for up to 25 percent of the certified costs of qualifying repowers as described
in ORS 468A.797 and 468A.799; and
(c)
Grants to the owners of Oregon diesel truck engines to scrap those engines.
(2)
In determining the amount of a grant or loan under this section, the department
must reduce the incremental cost of a qualifying repower or retrofit by the
value of any existing financial incentive that directly reduces the cost of the
qualifying repower or retrofit, including tax credits, other grants or loans,
or any other public financial assistance.
(3)
The department may certify third parties to perform qualifying repowers and
retrofits and may contract with third parties to perform such services for the
certified costs of qualifying repowers and retrofits. The department may also
contract with institutions of higher education or other public bodies as
defined by ORS 174.109 to train and certify third parties to perform qualifying
repowers and retrofits.
(4)
The department may not award a grant to scrap an Oregon diesel truck engine
under subsection (1)(c) of this section unless the engine was manufactured
prior to 1994 and the engine is in operating condition at the time of the grant
application or, if repairs are needed, the owner demonstrates to the department’s
satisfaction that the engine can be repaired to an operating condition for less
than its commercial scrap value. The Environmental Quality Commission shall
adopt rules for a maximum grant awarded under subsection (1)(c) of this section
for an engine in a heavy-duty truck and for an engine in a medium-duty truck. A
grant awarded under subsection (1)(c) of this section may not be combined with
any other tax credits, grants or loans, or any other public financial
assistance, to scrap an Oregon diesel truck engine.
(5)
The department may use the moneys in the Clean Diesel Engine Fund to pay
expenses of the department in administering the program described in this
section.
(6)
The commission shall adopt rules to implement this section and ORS 468A.801,
including but not limited to establishing preferences for grant and loan awards
based upon percentage of engine use in Oregon, whether a grant or loan
applicant will provide matching funds, whether scrapping, repowering or
retrofitting an engine will benefit sensitive populations or areas with elevated
concentrations of diesel particulate matter, or such other criteria as the
commission may establish. The rules adopted by the commission shall reserve a
portion of the financial assistance available each year for applicants that own
or operate a small number of Oregon diesel engines or Oregon diesel truck
engines and shall provide for simplified access to financial assistance for
those applicants.
(7)
The department may perform activities necessary to ensure that recipients of
grants and loans from the Clean Diesel Engine Fund comply with applicable
requirements. If the department determines that a recipient has not complied
with applicable requirements, it may order the recipient to refund all grant or
loan moneys and may impose penalties pursuant to ORS 468.140. [2007 c.855 §10]
Note:
Sections 15 and 16, chapter 855, Oregon Laws 2007, provide:
Sec. 15. (1)
The Environmental Quality Commission shall adopt rules to implement this
section and sections 12, 13 [sections 12 and 13 are compiled as notes under
315.356] and 16 of this 2007 Act, including rules:
(a)
Imposing a nonrefundable application fee of $50 for applications for cost
certification of repowers or retrofits that qualify for the tax credit allowed
under section 12 of this 2007 Act.
(b)
Imposing a nonrefundable application processing fee. The amount of the fee
shall be the amount that in the judgment of the commission is needed for the
Department of Environmental Quality to recoup its expenses in administering the
tax credit cost certification under section 16 of this 2007 Act.
(2)
The Environmental Quality Commission shall consult with the Department of
Revenue prior to adopting or amending rules under this section. [2007 c.855 §15]
Sec. 16. (1) A
person seeking a tax credit under section 12 of this 2007 Act or a person
seeking to transfer a tax credit cost certification under section 13 of this
2007 Act shall first apply to the Department of Environmental Quality for
certification of the cost of a repower or retrofit of an engine that qualifies
for the tax credit under section 12 of this 2007 Act.
(2)
The application must contain the following information:
(a)
The name, address and taxpayer identification number of the taxpayer;
(b)
A statement that the engine on which the repower or retrofit was performed is
owned by the applicant and is intended to be an Oregon diesel engine;
(c)
A description of the technologies used in the repower or retrofit that are
sufficient for the department to determine if the repower or retrofit qualifies
for the tax credit;
(d)
Invoices or other documentation of the cost and payment of the repower or
retrofit; and
(e)
Any other information required by the department or required under rules
adopted by the Environmental Quality Commission.
(3)
The taxpayer shall file the application within one year following the date of
the invoice for the qualifying repower or retrofit. The application may not be
accepted unless the application includes payment of the nonrefundable fees
imposed under rules adopted under section 15 of this 2007 Act.
(4)
The department shall consider completed applications and determine if the
application describes a repower or retrofit that qualifies for a tax credit
under section 12 of this 2007 Act and, if qualified, the certified cost of the
repower or retrofit. In determining the amount of a tax credit under this
section, the department shall reduce the incremental cost of a qualifying
repower or retrofit by the value of any existing financial incentive that
directly reduces the cost of the qualifying repower or retrofit, including tax
credits, grants, loans or any other public financial assistance. The department
shall send written notice of the certified cost to the taxpayer. The department
may not certify more than $3 million of tax credits under this section during
each calendar year.
(5)
If the department determines that a repower or retrofit does not qualify for a
tax credit under section 12 of this 2007 Act or certifies a lesser amount than
was sought in the application, the taxpayer may appeal the determination as a
contested case under ORS chapter 183.
(6)
The department shall deposit fees collected under this section in a
miscellaneous receipts account established in the State Treasury for the
benefit of the department. Amounts in the account are continuously appropriated
to the department for the purpose of reimbursing the department for expenses
incurred in administering this section. [2007 c.855 §16]
EMISSION REDUCTION CREDIT BANKS
468A.820 Community emission reduction credit
banks; establishment; rules; credits. (1) The
Department of Environmental Quality shall establish a community emission
reduction credit bank upon written request to the department by the appropriate
board or boards of county commissioners.
(2)
The community emission reduction credit bank shall be governed by rules adopted
by the Environmental Quality Commission. The validity of emission reduction
credits shall be determined by rule. The rules shall include, but need not be
limited to, the following:
(a)
Valid emission reduction credits created or banked within two years from the
time of actual emission reduction may be transferred to the community bank for
up to 10 years. The 10-year period shall begin at the time of actual emission
reduction.
(b)
The department shall transfer valid emission reduction credits to the community
bank upon written application from the holder of the credits.
(c)
The department may not discount credits banked under this section during any
10-year period unless the commission finds it necessary to discount the credits
to attain or maintain air quality standards.
(3)
The community emission reduction credit bank shall be administered by the
appropriate board or boards of county commissioners, in coordination with the
department. [2001 c.468 §1]
Note:
468A.820 was enacted into law by the Legislative Assembly but was not added to
or made a part of ORS chapter 468A or any series therein by legislative action.
See Preface to Oregon Revised Statutes for further explanation.
PENALTIES
468A.990 Penalties for air pollution
offenses. (1) Violation of any rule or standard
adopted or any order issued by a regional authority relating to air pollution
is a Class A misdemeanor.
(2)
Unless otherwise provided, each day of violation of any rule, standard or order
relating to air pollution constitutes a separate offense.
(3)
Violation of ORS 468A.610 or of any rule adopted pursuant to ORS 468A.595 is a
Class A misdemeanor. Each day of violation constitutes a separate offense.
(4)
Violation of the provisions of ORS 468A.655 is a Class A misdemeanor. [Formerly
468.995]
468A.992 Civil penalties for open field
burning violations. (1) In addition to any liability
or penalty provided by law, the State Department of Agriculture may impose a civil
penalty on any person who fails to comply with a provision of ORS 468A.555 to
468A.620 or any rule adopted thereunder, or a permit issued under ORS 468A.555
to 468A.620, relating to open field burning.
(2)
The State Department of Agriculture shall impose any civil penalty under this
section in the same manner as the Department of Environmental Quality imposes
and collects a civil penalty under ORS 468.140. [1995 c.358 §2; 1997 c.249 §164]
_______________