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