468Alation, to be designated jointly by the gov-erning bodies of participating cities, each with...

Chapter 468A2009 EDITION

Air Quality

AIR POLLUTION CONTROL468A.005 Definitions for air pollution laws468A.010 Policy468A.015 Purpose of air pollution laws468A.020 Application of air pollution laws468A.025 Air purity standards; air quality stan-

dards; treatment and control of emissions;rules

468A.030 When liability for violation not applicable468A.035 General comprehensive plan468A.040 Permits; rules468A.045 Activities prohibited without permit; limit

on activities with permit468A.050 Classification of air contamination

sources; registration and reporting ofsources; rules; fees

468A.055 Notice prior to construction of newsources; order authorizing or prohibitingconstruction; effect of no order; appeal

468A.060 Duty to comply with laws, rules andstandards

468A.065 Furnishing copies of rules and standardsto building permit issuing agencies

468A.070 Measurement and testing of contamina-tion sources; rules

468A.075 Variances from air contamination rulesand standards; delegation to local gov-ernments; notices

468A.080 Air and water pollution control permit forgeothermal well drilling and operation;enforcement authority of director

468A.085 Residential open burning of vegetativedebris; rules; local government authority

TAX CREDIT FOR EMISSIONPREVENTION

468A.095 Legislative findings468A.096 Application for certification; eligible pro-

duction technologies or processes; fees468A.098 Certification; rejection of application

REGIONAL AIR QUALITY CONTROL AUTHORITIES

468A.100 Definitions for ORS 468A.010 and 468A.100to 468A.180

468A.105 Formation of regional air quality controlauthorities

468A.110 Waiver of population requirements468A.115 Nature of authority468A.120 Board of directors; term468A.125 Board where population requirement

waived468A.130 Advisory committee; duties; members;

term; chairperson; meetings468A.135 Function of authority; rules468A.140 Assumption, retention and transfer of

control over classes of air contaminationsources

468A.145 Contract for commission to retain au-thority under ORS 468A.135

468A.150 Conduct of public hearings; entry of or-ders

468A.155 Rules authorizing regional permit pro-grams

468A.160 Expansion or dissolution of authority468A.165 Compliance with state standards required;

hearing; notice468A.170 Payment of costs of services to authority

by state468A.175 State aid468A.180 Payment of certain court costs not re-

quired

CLIMATE CHANGE(Oregon Global Warming Commission)

468A.200 Legislative findings468A.205 Policy; greenhouse gas emissions re-

duction goals468A.210 Definitions for ORS 352.247 and 468A.200 to

468A.260468A.215 Oregon Global Warming Commission; ap-

pointment; term; vacancies; expenses ofmembers

468A.220 Ex officio members468A.225 Meetings; quorum; support of agencies468A.230 Rules468A.235 Coordination of state and local efforts to

reduce greenhouse gas emissions468A.240 Recommendations; public comment; ex-

amination of greenhouse gas cap-and-trade systems

468A.245 Outreach strategy468A.250 Mandate of Oregon Global Warming

Commission468A.255 Citizen advisory groups468A.260 Report to Legislative Assembly

(Miscellaneous)468A.270 Motor vehicle pollution control systems;

definitions; rules; exceptions(Temporary provisions relating to lowcarbon fuel standards and reports to Leg-islative Assembly are compiled as notesfollowing ORS 468A.270)

468A.280 Electricity; fossil fuels; registration andreporting 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 permitprogram

468A.305 Purpose468A.310 Federal operating permit program ap-

proval; rules; content of plan

Title 36 Page 1 (2009 Edition)

PUBLIC HEALTH AND SAFETY

468A.315 Emission fees for major sources; base fees;basis of fees; rules

468A.320 Accountability for costs of program468A.325 Priority of department work schedule468A.327 Requirement for adoption, amendment or

repeal of rules; oral hearing468A.330 Small Business Stationary Source Techni-

cal and Environmental Compliance As-sistance Program

MOTOR VEHICLE POLLUTION CONTROL

468A.350 Definitions for ORS 468A.350 to 468A.400468A.355 Legislative findings468A.360 Motor vehicle emission and noise stan-

dards; copy to Department of Transporta-tion

468A.363 Purpose of ORS 468A.363, 468A.365,468A.400 and 815.300

468A.365 Certification of motor vehicle pollutioncontrol systems and inspection of motorvehicles; rules

468A.370 Cost-effective inspection program; con-tracts for inspections

468A.375 Notice to state agencies concerning certi-fications

468A.380 Licensing of personnel and equipment;certification of motor vehicles; rules

468A.385 Determination of compliance of motorvehicles

468A.387 Operating schedules for testing stations468A.390 Designation of areas of the state subject

to motor vehicle emission inspection pro-gram; rules

468A.395 Bond or letter of credit; remedy againstperson licensed under ORS 468A.380; can-cellation of license

468A.400 Fees; collection; use468A.405 Authority to limit motor vehicle operation

and traffic; rules468A.410 Administration and enforcement of rules

adopted under ORS 468A.405468A.415 Legislative findings468A.420 Oxygenated motor vehicle fuels; when re-

quired by rule468A.455 Police enforcement

SOLID FUEL BURNING DEVICES468A.460 Policy468A.465 Certification requirements for new solid

fuel burning devices; rules468A.467 Prohibition on burning certain materials

in solid fuel burning devices468A.485 Definitions for ORS 468A.460 to 468A.515468A.490 Residential Solid Fuel Heating Air Quality

Improvement Fund; uses468A.495 Prohibition on installation of used solid

fuel burning devices; exceptions; rules468A.500 Prohibition on sale of noncertified solid

fuel burning devices; rules468A.505 Removal468A.515 Residential solid fuel heating curtailment

program requirements; exemptions; rules

FIELD BURNING AND PROPANE FLAMING

468A.550 Definitions for ORS 468A.550 to 468A.620and 468A.992

468A.555 Policy to reduce open field burning468A.560 Applicability of open field burning,

propane flaming and stack and pile burn-ing statutes

468A.565 Use of certified alternative thermal fieldsanitizer

468A.570 Classification of atmospheric conditions;marginal day

468A.575 Permits for open burning, propane flam-ing or stack or pile burning; rules

468A.580 Permits; inspections; planting restrictions;civil penalty

468A.585 Memorandum of understanding with StateDepartment of Agriculture

468A.590 Duties of State Department of Agriculture468A.595 Commission rules to regulate burning

pursuant to ORS 468A.550 to 468A.620468A.597 Duty to dispose of straw468A.600 Standards of practice and performance468A.605 Duties of Department of Environmental

Quality468A.610 Acreage permitted to be open burned,

propane flamed or stack or pile burned;exceptions; fees; rules

468A.612 Field burning prohibition in critical non-burn 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.645468A.630 Legislative findings468A.635 Restrictions on sale, installation and re-

pairing of items containing chlorofluo-rocarbons and halon; rules

468A.640 Department program to reduce use of andrecycle compounds

468A.645 State Fire Marshal; program; halons;guidelines

AEROSOL SPRAY CONTROL468A.650 Legislative findings468A.655 Prohibition on sale or promotion; ex-

emption for medical use468A.660 Wholesale transactions permitted

ASBESTOS ABATEMENT PROJECTS468A.700 Definitions for ORS 468A.700 to 468A.760468A.705 Legislative findings468A.707 Asbestos abatement program; rules; con-

tractor licensing; worker certification468A.710 License required for asbestos abatement

project468A.715 Licensed contractor required; exception468A.720 Qualifications for license; application468A.725 Grounds for license suspension or revoca-

tion468A.730 Worker certificate required; qualifica-

tions; renewal application; suspension orrevocation


AIR QUALITY

468A.735 Alternatives to protection requirements;approval

468A.740 Accreditation requirements; rules468A.745 Rules; variances; training; standards; pro-

cedures468A.750 Fee schedule; waiver; disposition468A.755 Exemptions468A.760 Content of bid advertisement

INDOOR AIR POLLUTION CONTROL468A.775 Indoor air quality sampling; accreditation

and certification programs468A.780 Schedule of fees; accreditation and certi-

fication programs468A.785 Pilot programs

AGRICULTURAL OPERATIONS ANDEQUIPMENT

468A.790 Memorandum of understanding with StateDepartment of Agriculture; rules

DIESEL ENGINES468A.793 Goal to reduce excess lifetime risk of

cancer due to exposure to diesel engineemissions

468A.795 Definitions468A.796 School buses; retrofitting of engines; re-

placement468A.797 Standards for certified cost of qualifying

repower or retrofit; rules468A.799 Standards for qualifying repower of non-

road diesel engine or retrofit of diesel en-gine; rules

468A.801 Clean Diesel Engine Fund; interest468A.803 Uses of Clean Diesel Engine Fund; rules

EMISSION REDUCTION CREDIT BANKS468A.820 Community emission reduction credit

banks; establishment; rules; credits

PENALTIES468A.990 Penalties for air pollution offenses468A.992 Civil penalties for open field burning vio-

lations




AIR QUALITY 468A.020

AIR POLLUTION CONTROL468A.005 Definitions for air pollution

laws. As used in ORS chapters 468, 468Aand 468B, unless the context requires other-wise:

(1) “Air-cleaning device” means anymethod, process or equipment which re-moves, reduces or renders less noxious aircontaminants prior to their discharge in theatmosphere.

(2) “Air contaminant” means a dust,fume, gas, mist, odor, smoke, vapor, pollen,soot, carbon, acid or particulate matter orany combination thereof.

(3) “Air contamination” means the pres-ence in the outdoor atmosphere of one ormore air contaminants which contribute toa condition of air pollution.

(4) “Air contamination source” meansany source at, from, or by reason of whichthere is emitted into the atmosphere any aircontaminant, regardless of who the personmay be who owns or operates the building,premises or other property in, at or on whichsuch source is located, or the facility, equip-ment or other property by which the emis-sion is caused or from which the emissioncomes.

(5) “Air pollution” means the presence inthe outdoor atmosphere of one or more aircontaminants, or any combination thereof, insufficient quantities and of such character-istics and of a duration as are or are likelyto be injurious to public welfare, to thehealth of human, plant or animal life or toproperty or to interfere unreasonably withenjoyment of life and property throughoutsuch area of the state as shall be affectedthereby.

(6) “Area of the state” means any city orcounty or portion thereof or other geograph-ical area of the state as may be designatedby the Environmental Quality Commission.[Formerly 468.275; 2009 c.387 §13]

468A.010 Policy. (1) In the interest ofthe public health and welfare of the people,it is declared to be the public policy of theState of Oregon:

(a) To restore and maintain the qualityof the air resources of the state in a condi-tion as free from air pollution as is practica-ble, consistent with the overall publicwelfare of the state.

(b) To provide for a coordinated statewideprogram of air quality control and to allocatebetween the state and the units of local gov-ernment responsibility for such control.

(c) To facilitate cooperation among unitsof local government in establishing and sup-porting air quality control programs.

(2) The program for the control of airpollution in this state shall be undertaken ina progressive manner, and each of its suc-cessive objectives shall be sought to be ac-complished by cooperation and conciliationamong all the parties concerned. [Formerly449.765 and then 468.280]

468A.015 Purpose of air pollution laws.It is the purpose of the air pollution lawscontained in ORS 448.305, 454.010 to 454.040,454.205 to 454.255, 454.505 to 454.535, 454.605to 454.755 and ORS chapters 468, 468A and468B to safeguard the air resources of thestate by controlling, abating and preventingair pollution under a program which shall beconsistent with the declaration of policy inthis section and with ORS 468A.010. [Formerly449.770 and then 468.285]

468A.020 Application of air pollutionlaws. (1) Except as provided in subsection (2)of this section, the air quality laws containedin ORS chapters 468, 468A and 468B do notapply to:

(a) Agricultural operations, including butnot 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 andending May 31 of the following year.

(b) Equipment used in agricultural oper-ations, except boilers used in connectionwith propagating and raising nursery stock.

(c) Barbecue equipment used in con-nection with any residence.

(d) Heating equipment in or used in con-nection with residences used exclusively asdwellings for not more than four families,except solid fuel burning devices, as definedin ORS 468A.485, that are subject to regu-lation under this section and ORS 468A.140and 468A.460 to 468A.515.

(e) Fires set or permitted by any publicagency when such fire is set or permitted inthe performance of its official duty for thepurpose of weed abatement, prevention orelimination of a fire hazard, or instructionof employees in the methods of fire fighting,which in the opinion of the agency is neces-sary.

(f) Fires set pursuant to permit for thepurpose of instruction of employees of pri-vate industrial concerns in methods of firefighting, or for civil defense instruction.


468A.025 PUBLIC HEALTH AND SAFETY

(2) Subsection (1) of this section does notapply to the extent:

(a) Otherwise provided in ORS 468A.555to 468A.620, 468A.790, 468A.992, 476.380 and478.960;

(b) Necessary to implement the federalClean Air Act (P.L. 88-206 as amended) un-der ORS 468A.025, 468A.030, 468A.035,468A.040, 468A.045 and 468A.300 to 468A.330;or

(c) Necessary for the EnvironmentalQuality Commission, in the commission′sdiscretion, to implement a recommendationof the Task Force on Dairy Air Quality cre-ated under section 3, chapter 799, OregonLaws 2007, for the regulation of dairy aircontaminant emissions. [Formerly 468.290; 1997c.473 §2; 1999 c.439 §1; 2007 c.799 §4; 2009 c.387 §14]

468A.025 Air purity standards; airquality standards; treatment and controlof emissions; rules. (1) By rule the Envi-ronmental Quality Commission may establishareas of the state and prescribe the degreeof air pollution or air contamination thatmay be permitted therein, as air purity stan-dards for such areas.

(2) In determining air purity standards,the commission shall consider the followingfactors:

(a) The quality or characteristics of aircontaminants or the duration of their pres-ence in the atmosphere which may cause airpollution in the particular area of the state;

(b) Existing physical conditions and to-pography;

(c) Prevailing wind directions and veloci-ties;

(d) Temperatures and temperature inver-sion periods, humidity, and other atmo-spheric conditions;

(e) Possible chemical reactions betweenair contaminants or between such air con-taminants and air gases, moisture or sun-light;

(f) The predominant character of devel-opment of the area of the state, such as res-idential, 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 oper-

ation resulting from use of air-cleaning de-vices;

(k) Extent of danger to property in thearea reasonably to be expected from anyparticular air contaminants;

(L) Interference with reasonable enjoy-ment of life by persons in the area which canreasonably be expected to be affected by theair contaminants;

(m) The volume of air contaminantsemitted from a particular class of air con-tamination source;

(n) The economic and industrial develop-ment of the state and continuance of publicenjoyment of the state′s natural resources;and

(o) Other factors which the commissionmay find applicable.

(3) The commission may establish airquality standards including emission stan-dards for the entire state or an area of thestate. The standards shall set forth the max-imum amount of air pollution permissible invarious categories of air contaminants andmay differentiate between different areas ofthe state, different air contaminants and dif-ferent air contamination sources or classesthereof.

(4) The commission shall specifically ful-fill the intent of the policy under ORS468A.010 (1)(a) as it pertains to the highestand best practicable treatment and controlof emissions from stationary sources throughthe adoption of rules:

(a) To require specific permit conditionsfor the operation and maintenance of pol-lution control equipment to the extent theDepartment of Environmental Quality con-siders the permit conditions necessary to in-sure that pollution control equipment isoperated and maintained at the highest rea-sonable efficiency and effectiveness level.

(b) To require typically achievable con-trol technology for new, modified and exist-ing sources of air contaminants or precursorsto air contaminants for which ambient airquality standards are established, to the ex-tent emission units at the source are notsubject to other emission standards for aparticular air contaminant and to the extentthe department determines additional con-trols on such sources are necessary to carryout the policy under ORS 468A.010 (1)(a).

(c) To require controls necessary toachieve ambient air quality standards orprevent significant impairment of visibility inareas designated by the commission for anysource that is a substantial cause of anyexceedance or projected exceedance in thenear future of national ambient air qualitystandards or visibility requirements.

(d) To require controls necessary to meetapplicable federal requirements for anysource.

(e) Applicable to a source category, con-taminant or geographic area necessary to



protect public health or welfare for air con-taminants not otherwise regulated by thecommission or as necessary to address thecumulative impact of sources on air quality.

(5) Rules adopted by the commission un-der subsection (4) of this section shall be ap-plied to a specific stationary source onlythrough express incorporation as a permitcondition in the permit for the source.

(6) Nothing in subsection (4) of this sec-tion or rules adopted under subsection (4) ofthis section shall be construed to limit theauthority of the commission to adopt rules,except rules addressing the highest and bestpracticable treatment and control.

(7) As used in this section, “typicallyachievable control technology” means theemission limit established on a case-by-casebasis for a criterion contaminant from a par-ticular emission unit in accordance withrules adopted under subsection (4) of thissection. For an existing source, the emissionlimit established shall be typical of the emis-sion level achieved by emission units similarin type and size. For a new or modifiedsource, the emission limit established shallbe typical of the emission level achieved byrecently installed, well controlled new ormodified emission units similar in type andsize. Typically achievable control technologydeterminations shall be based on informationknown to the department. In making the de-termination, the department shall take intoconsideration pollution prevention, impactson other environmental media, energy im-pacts, capital and operating costs, cost effec-tiveness and the age and remaining economiclife of existing emission control equipment.The department may consider emission con-trol technologies typically applied to othertypes of emission units if such technologiescan be readily applied to the emission unit.If an emission limitation is not feasible, thedepartment may require a design, equipment,work practice or operational standard or acombination thereof. [Formerly 449.785 and then468.295; 1993 c.790 §1]

468A.030 When liability for violationnot applicable. The several liabilities whichmay be imposed pursuant to ORS 448.305,454.010 to 454.040, 454.205 to 454.255, 454.505to 454.535, 454.605 to 454.755 and ORS chap-ters 468, 468A and 468B upon persons violat-ing the provisions of any rule, standard ororder of the Environmental Quality Commis-sion pertaining to air pollution shall not beso construed as to include any violationwhich was caused by an act of God, war,strife, riot or other condition as to which anynegligence or willful misconduct on the partof 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 Environ-mental Quality Commission, the Departmentof Environmental Quality shall prepare anddevelop a general comprehensive plan for thecontrol or abatement of existing air pollutionand for the control or prevention of new airpollution in any area of the state in whichair pollution is found already existing or indanger of existing. The plan shall recognizevarying requirements for different areas ofthe state. [Formerly 449.782 and then 468.305]

468A.040 Permits; rules. (1) By rule theEnvironmental Quality Commission may re-quire permits for air contamination sourcesclassified by type of air contaminants, bytype of air contamination source or by areaof the state. The permits shall be issued asprovided in ORS 468.065. A permit subject tothe federal operating permit program shallbe issued in accordance with the rulesadopted under ORS 468A.310.

(2) If a request for review of the finalDepartment of Environmental Quality action,or any part thereof, is made on an applica-tion for a permit issued under the federaloperating permit program established underORS 468A.310 in accordance with the rulesadopted by the commission, the effect of thecontested conditions and any conditions thatare not severable from those contested shallbe stayed upon a showing that compliancewith the contested conditions during thependency of the appeal would require sub-stantial expenditures or losses that wouldnot be incurred if the permittee prevails onthe merits of the review and there exists areasonable likelihood of success on the mer-its. The department may require that thecontested conditions not be stayed if the de-partment finds that substantial endanger-ment of public health or welfare would resultfrom the staying of the conditions.

(3) Any source under an existing permitshall:

(a) Comply with the conditions of the ex-isting permit during any modification or re-issuance proceeding; and

(b) To the extent conditions of any newor modified permit are stayed under subsec-tion (2) of this section, comply with the con-ditions of the existing permit that correspondto the stayed conditions, unless compliancewould be technologically incompatible withcompliance with other conditions of the newor modified permit that have not been stayed.

(4) For purposes of this section, a smallscale local energy project, as defined in ORS470.050 (27)(a), located in a maintenance areaor nonattainment area, and any infrastruc-ture related to that project located in thesame area, is considered to provide a net air



quality benefit to the extent required by thischapter if the project provides reductions ineach air contaminant in the maintenancearea or nonattainment area equal to the ra-tio specified in rules adopted by the commis-sion, unless the department determines thatthe project will pose a material threat tocompliance with air quality standards in themaintenance area or nonattainment area.

(5) As used in this section:(a) “Maintenance area” has the meaning

given that term in rules adopted by the com-mission.

(b) “Nonattainment area” has the mean-ing given that term in rules adopted by thecommission. [Formerly 449.727 and then 468.310; 2009c.519 §1]

468A.045 Activities prohibited withoutpermit; limit on activities with permit. (1)Without first obtaining a permit pursuant toORS 468.065, 468A.040 or 468A.155, no personshall:

(a) Discharge, emit or allow to be dis-charged or emitted any air contaminant forwhich a permit is required under ORS468A.040 into the outdoor atmosphere fromany air contamination source.

(b) Construct, install, establish, develop,modify, enlarge or operate any air contam-ination source for which a permit is requiredunder ORS 468A.040.

(2) No person shall increase in volumeor strength discharges or emissions from anyair contamination source for which a permitis required under ORS 468A.040 in excess ofthe permissive discharges or emission speci-fied under an existing permit. [Formerly 449.731and then 468.315]

468A.050 Classification of air contam-ination sources; registration and report-ing of sources; rules; fees. (1) By rule theEnvironmental Quality Commission mayclassify air contamination sources accordingto levels and types of emissions and othercharacteristics which cause or tend to causeor contribute to air pollution and may re-quire registration or reporting or both forany such class or classes.

(2) Any person in control of an air con-tamination source of any class for whichregistration and reporting is required undersubsection (1) of this section shall registerwith the Department of EnvironmentalQuality and make reports containing suchinformation as the commission by rule mayrequire concerning location, size and heightof air contaminant outlets, processes em-ployed, fuels used and the amounts, natureand duration of air contaminant emissionsand such other information as is relevant toair pollution.

(3) By rule the commission may establisha schedule of fees for the registration of anyclass of air contamination sources classifiedpursuant to subsection (1) of this section forwhich a person is required to obtain a permitunder ORS 468A.040 or 468A.155 but choosesinstead to register if allowed by the commis-sion by rule. The commission shall base thefees on the anticipated cost of developing andimplementing programs related to the differ-ent classes, including but not limited to thecost of processing registrations, complianceinspections and enforcement. A registrationmust be accompanied by any fee specified bythe commission by rule, and a subsequentannual registration fee is payable as pre-scribed by rule of the commission.

(4)(a) By rule the commission may estab-lish a schedule of fees for reporting of anyclass of air contamination sources classifiedpursuant to subsection (1) of this section forwhich a person is required to obtain permitsunder ORS 468A.040 or 468A.155 or is sub-ject to the federal operating permit programpursuant to ORS 468A.310.

(b) Before establishing fees pursuant tothis subsection, the commission shall con-sider the total fees for each class of sourcessubject to reporting under this subsectionand for which permits are required underORS 468A.040 or 468A.155 or the federal op-erating permit program under ORS 468A.315.

(c) The commission shall limit the feesestablished under this subsection to the an-ticipated cost of developing and implement-ing reporting programs. Any fees collectedunder this subsection for any air contamina-tion source issued a permit under ORS468A.040 or 468A.155 or sources subject tothe federal operating permit program underORS 468A.310 must be collected as part ofthe fee for that specific permit. [Formerly449.707 and then 468.320; 2009 c.389 §1]

468A.055 Notice prior to constructionof new sources; order authorizing orprohibiting construction; effect of no or-der; appeal. (1) The Environmental QualityCommission may require notice prior to theconstruction of new air contaminationsources specified by class or classes in itsrules or standards relating to air pollution.

(2) Within 30 days of receipt of such no-tice, the commission may require, as a con-dition precedent to approval of theconstruction, the submission of plans andspecifications. After examination thereof, thecommission may request corrections and re-visions to the plans and specifications. Thecommission may also require any other in-formation concerning air contaminant emis-sions as is necessary to determine whetherthe proposed construction is in accordancewith the provisions of ORS 448.305, 454.010



to 454.040, 454.205 to 454.255, 454.505 to454.535, 454.605 to 454.755 and ORS chapters468, 468A and 468B and applicable rules orstandards adopted pursuant thereto.

(3) If the commission determines that theproposed construction is in accordance withthe provisions of ORS 448.305, 454.010 to454.040, 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 stan-dards adopted pursuant thereto, it shall enteran order approving such construction. If thecommission determines that the constructiondoes not comply with the provisions of ORS448.305, 454.010 to 454.040, 454.205 to 454.255,454.505 to 454.535, 454.605 to 454.755 andORS chapters 468, 468A and 468B and appli-cable rules or standards adopted pursuantthereto, it shall notify the applicant and en-ter an order prohibiting the construction.

(4) If within 60 days of the receipt ofplans, specifications or any subsequently re-quested revisions or corrections to the plansand specifications or any other informationrequired pursuant to this section, the com-mission fails to issue an order, the failureshall be considered a determination that theconstruction may proceed except where pro-hibited by federal law. The constructionmust comply with the plans, specificationsand any corrections or revisions thereto orother information, if any, previously submit-ted.

(5) Any person against whom the orderis directed may, within 20 days from the dateof mailing of the order, demand a hearing.The demand shall be in writing, shall statethe grounds for hearing and shall be mailedto the Director of the Department of Envi-ronmental Quality. The hearing shall beconducted pursuant to the applicable pro-visions of ORS chapter 183.

(6) The commission may delegate its du-ties under subsections (2) to (4) of this sec-tion to the Director of the Department ofEnvironmental Quality. If the commissiondelegates its duties under this section, anyperson against whom an order of the directoris directed may demand a hearing before thecommission as provided in subsection (5) ofthis section.

(7) For the purposes of this section,“construction” includes installation and es-tablishment of new air contaminationsources. Addition to or enlargement or re-placement of an air contamination source, orany major alteration or modification thereinthat significantly affects the emission of aircontaminants shall be considered as con-struction 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 com-plies with the provisions of ORS 468A.055and receives notification that constructionmay proceed in accordance therewith is notthereby relieved from complying with anyother applicable law, rule or standard.[Formerly 449.739 and then 468.330]

468A.065 Furnishing copies of rulesand standards to building permit issuingagencies. Whenever under the provisions ofORS 468A.050 to 468A.070 rules or standardsare adopted by either the EnvironmentalQuality Commission or a regional authority,the commission or regional authority shallfurnish to all building permit issuing agen-cies within its jurisdiction copies of suchrules and standards. [Formerly 449.722 and then468.335]

468A.070 Measurement and testing ofcontamination sources; rules. (1) Pursuantto rules adopted by the Environmental Qual-ity Commission, the Department of Environ-mental Quality shall establish a program formeasurement and testing of contaminationsources and may perform such sampling ortesting or may require any person in controlof an air contamination source to performthe sampling or testing, subject to the pro-visions of subsections (2) to (4) of this sec-tion. Whenever samples of air or aircontaminants are taken by the departmentfor analysis, a duplicate of the analytical re-port shall be furnished promptly to the per-son owning or operating the aircontamination source.

(2) The department may require any per-son in control of an air contamination sourceto provide necessary holes in stacks or ductsand proper sampling and testing facilities, asmay be necessary and reasonable for the ac-curate determination of the nature, extent,quantity and degree of air contaminantswhich are emitted as the result of operationof the source.

(3) All sampling and testing shall beconducted in accordance with methods usedby the department or equivalent methods ofmeasurement acceptable to the department.

(4) All sampling and testing performedunder this section shall be conducted in ac-cordance with applicable safety rules andprocedures established by law. [Formerly 449.702and then 468.340]

468A.075 Variances from air contam-ination rules and standards; delegation tolocal governments; notices. (1) The Envi-ronmental Quality Commission may grantspecific variances which may be limited intime from the particular requirements of anyrule or standard to such specific persons orclass of persons or such specific air contam-ination source, upon such conditions as it



may consider necessary to protect the publichealth and welfare. The commission shallgrant such specific variance only if it findsthat strict compliance with the rule or stan-dard is inappropriate because:

(a) Conditions exist that are beyond thecontrol of the persons granted such variance;or

(b) Special circumstances render strictcompliance unreasonable, burdensome or im-practical due to special physical conditionsor cause; or

(c) Strict compliance would result insubstantial curtailment or closing down of abusiness, plant or operation; or

(d) No other alternative facility ormethod of handling is yet available.

(2) The commission may delegate thepower to grant variances to legislative bodiesof local units of government or regional airquality control authorities in any area of thestate on such general conditions as it mayfind appropriate. However, if the commissiondelegates authority to grant variances to aregional authority, the commission shall notgrant similar authority to any city or countywithin the territory of the regional authority.

(3) A copy of each variance granted, re-newed or extended by a local governmentalbody or regional authority shall be filed withthe commission within 15 days after it isgranted. The commission shall review thevariance and the reasons therefor within 60days of receipt of the copy and may approve,deny or modify the variance terms. Failureof the commission to act on the variancewithin the 60-day period shall be considereda determination that the variance granted bythe local governmental body or regional au-thority is approved by the commission.

(4) In determining whether or not a vari-ance shall be granted, the commission or thelocal governmental body or regional author-ity shall consider the equities involved andthe advantages and disadvantages to resi-dents and to the person conducting the ac-tivity for which the variance is sought.

(5) A variance may be revoked or modi-fied by the grantor thereof after a publichearing held upon not less than 10 days′ no-tice. Such notice shall be served upon allpersons who the grantor knows will be sub-jected to greater restrictions if such varianceis revoked or modified, or are likely to beaffected or who have filed with such grantora written request for such notification.[Formerly 449.810 and then 468.345]

468A.080 Air and water pollution con-trol permit for geothermal well drillingand operation; enforcement authority ofdirector. (1) Upon issuance of a permit pur-

suant to ORS 522.115, the Director of theDepartment of Environmental Quality shallaccept applications for such appropriate per-mits under air and water pollution controllaws as are necessary for the drilling of ageothermal well for which the permit hasbeen issued and shall, within 30 days, actupon such application.

(2) The director shall continue to exer-cise enforcement authority over a permit is-sued pursuant to this section; and shall haveprimary responsibility in carrying out thepolicy set forth in ORS 468A.010, 468B.015and rules adopted pursuant to ORS 468B.030,for air and water pollution control at geo-thermal wells which have been unlawfullyabandoned, unlawfully suspended, or com-pleted. [Formerly 468.350]

468A.085 Residential open burning ofvegetative debris; rules; local governmentauthority. (1) The Environmental QualityCommission shall establish by rule periodsduring which open burning of vegetative de-bris from residential yard cleanup shall beallowed or disallowed based on daily airquality and meteorological conditions as de-termined by the Department of Environ-mental Quality.

(2) After June 30, 1982, the commissionmay prohibit residential open burning inareas of the state if the commission finds:

(a) Such prohibition is necessary in thearea affected to meet air quality standards;and

(b) Alternate disposal methods are rea-sonably available to a substantial majorityof the population in the affected area.

(3)(a) Nothing in this section prevents alocal government from taking any of the fol-lowing actions if that governmental entityotherwise 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 whichresidential open burning is authorized by thecommission; or

(C) Taking other action that is more re-strictive of residential open burning than arule adopted by the commission under thissection.

(b) Nothing in this section affects anylocal government ordinance, rule, regulationor provision that:

(A) Is more restrictive of residential openburning than a rule adopted by the commis-sion 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 lo-cal governmental subdivision or a regional



air quality control authority established un-der ORS 468A.105. [Formerly 468.355]

TAX CREDIT FOR EMISSIONPREVENTION

468A.095 Legislative findings. The Leg-islative Assembly finds that:

(1) It is desirable to determine whethera tax credit program that encourages busi-nesses to utilize technologies and processesthat prevent the creation of pollutantsshould be offered.

(2) Based upon projections by the De-partment of Environmental Quality, a four-year pilot program should provide asufficient period of time to determine the de-sirability of the tax credit without resortingto a program extension. [1995 c.746 §29]

Note: 468A.095 to 468A.098 were enacted into lawby the Legislative Assembly but were not added to ormade a part of ORS chapter 468A or any series thereinby legislative action. See Preface to Oregon RevisedStatutes for further explanation.

468A.096 Application for certification;eligible production technologies or proc-esses; fees. (1) Any person may apply forcertification under ORS 468A.098 of the costof production technologies or processes in-stalled at a business location within thisstate and producing emission levels and typesnot subject to regulation under 42 U.S.C.7412 if:

(a) The technologies or processes are in-stalled in replacement of technologies orprocesses that produce emission levels andtypes that are subject to or are installed inlieu of systems that would produce emissionlevels and types subject to regulation under:

(A) 40 C.F.R. 63.320 to 63.325 (nationalperchloroethylene air emission standards fordry cleaning facilities);

(B) 40 C.F.R. 63.340 to 63.347 (nationalemission standards for chromium emissionsfrom hard and decorative chromiumanodizing tanks); or

(C) 40 C.F.R. 63.460 to 63.469 (nationalemission standards for halogenated solventcleaning);

(b) The technologies or processes are in-stalled on or after January 1, 1996, and onor before December 31, 1999; and

(c) The cost of the technologies andprocesses does not qualify for certificationunder ORS 468.165 and 468.170. Subject toany applicable limits on credit amounts, thegranting of certification of a pollution con-trol facility under ORS 468.165 and 468.170shall not prevent an application under thissection for the cost of technologies andprocesses not included in the pollution con-trol facility.

(2) The application shall be made inwriting in a form prescribed by the Depart-ment of Environmental Quality and shallcontain information on the actual cost of thetechnologies or processes for which a certif-icate is sought and a statement explaininghow the technologies or processes used willprevent or eliminate emissions regulated un-der 40 C.F.R. 63.320 to 63.325, 63.340 to63.347 or 63.460 to 63.469.

(3) The Director of the Department ofEnvironmental Quality may require any fur-ther information that the director considersnecessary before a certificate is issued.

(4) The application shall be accompaniedby a fee established under subsection (5) ofthis section. The fee may be refunded if theapplication for certification is rejected.

(5) By rule and after hearing, the Envi-ronmental Quality Commission may adopt aschedule of reasonable fees that the depart-ment may require of applicants for certif-icates issued under this section. Before theadoption or revision of the fees, the commis-sion shall estimate the total cost of the pro-gram to the department. The fees shall bebased on the anticipated cost of filing, inves-tigating, granting and rejecting the applica-tions and shall be designed not to exceed thetotal cost estimated by the commission. Anyexcess fees shall be held by the departmentand shall be used by the commission to re-duce any future fee increases. The fees mayvary according to the complexity of thetechnology or process. The fees shall not beconsidered by the commission as part of thecost to be certified.

(6) The application shall be submittedwithin one year of installation of the tech-nologies or processes. Failure to file a timelyapplication shall make the cost of a technol-ogy or process ineligible for certification. Anapplication shall not be considered filed untilit is complete and ready for processing. Thecommission may grant an extension of time,not exceeding one year, to file an applicationwhen circumstances beyond the control ofthe applicant would make a timely filing un-reasonable. [1995 c.746 §30; 1999 c.21 §77]

Note: See note under 468A.095.

468A.098 Certification; rejection of ap-plication. (1) The Environmental QualityCommission shall act on an application forcertification before the 120th day after thefiling of the application under ORS 468A.096.The action of the commission shall includecertification of the actual cost of the tech-nologies or processes resulting in the elimi-nation of emissions regulated under 40 C.F.R.63.320 to 63.325, 63.340 to 63.347 or 63.460 to63.469. The actual cost certified shall not ex-ceed the taxpayer′s own cash investment inthe technologies or processes. The amount



of the actual cost certified for all technol-ogies or processes installed in any taxableyear at a single business location shall notexceed $75,000.

(2) If the commission rejects an applica-tion for certification, or certifies a lesser ac-tual cost of the technologies or processesthan was claimed in the application for cer-tification, the commission shall cause writtennotice of its action, and a concise statementof the findings and reasons therefor, to besent by registered or certified mail to theapplicant before the 120th day after the filingof the application.

(3) If the application is rejected for anyreason other than achievement of the pro-gram limitation imposed under subsection (7)of this section, including the informationfurnished by the applicant as to the cost ofthe technologies or processes, or if the ap-plicant is dissatisfied with the certificationof technology or process actual cost, the ap-plicant may appeal the rejection as providedin ORS 468.110. The rejection of the certi-fication is final and conclusive on all partiesunless the applicant takes an appeal there-from as provided in ORS 468.110 before the30th day after notice was mailed by thecommission.

(4)(a) The commission shall certify thecost of technologies or processes for whichan application has been made under ORS468A.096, if the commission finds that thetechnologies or processes:

(A) Were installed in accordance withthe requirements of ORS 468A.096 (1); and

(B) Further the intents and purposes of40 C.F.R. 63.320 to 63.325, 63.340 to 63.347 or63.460 to 63.469.

(b) No determination of the actual costof the technologies or processes to be certi-fied shall be made until receipt of the appli-cation.

(c) The commission may certify the costof more than one technology or process at alocation under one certificate. A certificateunder this section is effective for purposesof tax relief in accordance with ORS 315.311if the technologies or processes were in-stalled on or after January 1, 1996, and onor before December 31, 1999.

(5) If the person receiving the certificateis a partnership, each partner shall be enti-tled to take tax credit relief beginning withthe tax year following the tax year of certi-fication as provided in ORS 315.311, based onthat partner′s pro rata share of the certifiedcost of the technology or process as deter-mined by the partner′s pro rata share of thebusiness that installed the technology orprocess.

(6) Certification under this section shallbe granted for a period of five consecutiveyears beginning with the tax year of theperson in which the technology or process iscertified under this section.

(7) The total actual cost certified for allprojects completed on or after January 1,1996, and on or before December 31, 1999,shall not exceed $5,200,000. [1995 c.746 §31; 1999c.59 §139]


REGIONAL AIR QUALITY CONTROL AUTHORITIES

468A.100 Definitions for ORS 468A.010and 468A.100 to 468A.180. As used in ORS468A.010 and 468A.100 to 468A.180, unlessthe context requires otherwise:

(1) “Board of directors” means the boardof directors of a regional air quality controlauthority.

(2) “Governing body” means the countycourt or city legislative body.

(3) “Participating city” or “participatingcounty” means a city or county or part of acounty, or combination thereof, meeting thepopulation requirements of ORS 468A.105 orhaving had such requirements waived underORS 468A.110 that has joined with other eli-gible cities or counties or parts of countiesto form a regional air quality control au-thority.

(4) “Regional authority” means a regionalair quality control authority established un-der the provisions of ORS 468A.105. [Formerly449.850 and then 468.500]

468A.105 Formation of regional airquality control authorities. (1) Notwith-standing the provisions of any law or charterto the contrary, a regional air quality controlauthority may be formed of contiguous terri-tory having a population of at least 130,000and consisting of two or more counties orparts of counties, two or more cities, or anycombination thereof, or any county and acity or cities within the county.

(2) A regional authority shall be formedin the following manner:

(a) The cities and counties proposing toform a regional authority shall adopt ordi-nances or resolutions specifying the name ofthe proposed regional authority and settingforth the participating cities and counties,the principal places of business and theboundaries of the proposed regional author-ity; and

(b) A certified copy of the ordinances orresolutions adopted by each city or countyshall be filed with the Secretary of State andwith the Director of the Department of En-vironmental Quality; and



(c) The Environmental Quality Commis-sion shall order the regional authorityformed if it finds that the participating gov-ernments plan adequate financing and theboundaries of the proposed region encompassterritory reasonably included within a re-gional authority for purposes of air qualitycontrol.

(3) From and after the date of issuanceof the order of the commission, the regionalauthority shall exercise its functions.[Formerly 449.855 and then 468.505]

468A.110 Waiver of population re-quirements. The Environmental QualityCommission may waive the population re-quirement of ORS 468A.105 whenever it issatisfied that adequate financing is plannedby the participating governments and thatthe boundaries of the proposed region en-compass territory reasonably included withina regional authority for purposes of air qual-ity control. [Formerly 449.857 and then 468.510]

468A.115 Nature of authority. A re-gional air quality control authority is a bodycorporate, having perpetual succession andmay:

(1) Sue and be sued.(2) Adopt a seal.(3) Acquire and hold real and other

property necessary or incident to the exer-cise of its functions and sell or otherwisedispose of such property. [Formerly 449.870 andthen 468.515]

468A.120 Board of directors; term. (1)The board of directors of a regional airquality control authority shall consist of notfewer than five nor more than nine members,designated as follows:

(a) One member of the governing body ofeach participating county, to be designatedby the governing body of the county.

(b) One member of the governing body ofeach participating city of 25,000 or morepopulation located within a participatingcounty.

(c) Where regional air pollution author-ities cover only one county, one additionalmember for each 35,000 population over25,000 in a participating city, not to exceedthree members from the city, to be desig-nated by the governing body of the city. Anyadditional member designated under thisparagraph may be either a member of thegoverning body or a resident of the partic-ipating city.

(d) One member of the governing body ofa participating city of less than 25,000 popu-lation, to be designated jointly by the gov-erning bodies of participating cities, eachwith less than 25,000 population, located ina participating county, but the combined

population of such cities must be at least5,500.

(e) One or more additional members, ifthe board would otherwise consist of an evennumber of members, or less than the mini-mum number required by subsection (1) ofthis section, to be selected by members des-ignated under paragraphs (a) to (d) of thissubsection, such member or members also tobe a member of the governing body or a res-ident of a participating city or county.

(2) A member designated under subsec-tion (1)(a) to (d) of this section who is amember of a governing body shall hold officeat the pleasure of the governing body bywhich the member was designated. A mem-ber designated under subsection (1)(c) of thissection who is a resident of a participatingcity shall serve for a term established by theappointing governing body, not to exceedfour years. Any member designated undersubsection (1)(e) of this section shall servefor a term of two years.

(3) The term of any member shall termi-nate at any time:

(a) When the member is no longer amember of the governing body of the city orcounty by which the member was designated;

(b) If appointed under subsection (1)(c) or(d) of this section, when the member is nolonger a member of the governing body of aparticipating city;

(c) If designated under subsection (1)(e)of this section, when the member is nolonger a member of the governing body of aparticipating city or county; or

(d) If the member is appointed as a resi-dent under subsection (1)(c) or (e) of thissection, when the member is no longer aresident of the participating city or countyby which the member was designated.[Formerly 449.865 and then 468.520]

468A.125 Board where population re-quirement waived. ORS 468A.120 applies tothe designation of the members of the boardof directors of a regional air quality controlauthority formed under a waiver authorizedby ORS 468A.110. However, there shall be nomaximum number of members and, in lieu ofthe members designated as provided in ORS468A.120 (1)(b) to (d), members representingcities within the region shall be designatedas follows:

(1) One member of the governing body ofeach participating city having a populationof 2,000 or more and located within a partic-ipating county, not to exceed five members.If the number of such cities exceeds five, thegoverning bodies of the cities described bythis subsection shall jointly select five mem-bers from the governing bodies of such cities.



(2) One member of the governing body ofa participating city of less than 2,000 popu-lation, to be designated jointly by the gov-erning bodies of participating cities, eachhaving 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 au-thority shall appoint an advisory committeewhich shall advise the board in matters per-taining to the region and particularly onmethods and procedures for the protection ofpublic health and welfare and of propertyfrom the adverse effects of air pollution.

(2) The advisory committee shall consistof at least seven members appointed for aterm of three years with at least one repre-sentative from each of the following interestswithin 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 suchother officers as it considers necessary.Members shall serve without compensation,but may be allowed actual and necessary ex-penses incurred in the discharge of their du-ties. The committee shall meet as frequentlyas it or the board of directors considers nec-essary.

(4) Notwithstanding the provisions ofsubsection (2) of this section, the board ofdirectors of the regional authority shalladopt by rule a method for establishing theinitial terms of office of advisory committeemembers so that the terms of office do notall expire on the same date. [Formerly 468.530]

468A.135 Function of authority; rules.(1) When authorized to do so by the Envi-ronmental Quality Commission, a regionalauthority formed under ORS 468A.105 shallexercise the functions relating to air pol-lution control vested in the commission andthe Department of Environmental Quality byORS 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 assuch functions are applicable to the condi-tions and situations of the territory withinthe regional authority. The regional author-ity shall carry out these functions in themanner provided for the commission and thedepartment to carry out the same functions.Such functions may be exercised over both

incorporated and unincorporated areaswithin the territory of the regional authority,regardless of whether the governing body ofa city within the territory of the region isparticipating in the regional authority.

(2) No regional authority is authorized toestablish or alter areas or to adopt any ruleor standard that is less strict than any ruleor standard of the commission. The regionalauthority must submit to the commission forits approval all air quality standards adoptedby the regional authority prior to enforcingany such standards.

(3) Subject to ORS 468A.140, 468A.145and 468A.165, when a regional authority isexercising functions under subsection (1) ofthis section, the commission and the depart-ment shall not exercise the same functionsin the same territory. The regional author-ity′s jurisdiction shall be exclusive. The re-gional authority shall enforce rules andstandards of the commission as required todo so by the commission.

(4) The commission and the regional au-thorities may regulate, limit, control or pro-hibit by rule all air contamination sourcesnot otherwise exempt within their respectivejurisdictions. However, field burning andforestland burning shall be regulated by thecommission and fire permit agencies as pro-vided in ORS 468A.555 to 468A.620 and468A.992, 476.380, 477.505 to 477.562 and478.960. [Formerly 468.535; 1993 c.420 §1]

468A.140 Assumption, retention andtransfer of control over classes of aircontamination sources. (1) The Environ-mental Quality Commission may assume andretain control over any class of air contam-ination source if it finds that such control isbeyond the reasonable capabilities of the re-gional authorities because of the complexityor magnitude of the source.

(2) If the commission does assume or re-tain control over any class of air contamina-tion source under subsection (1) of thissection, a regional authority may petition forthe restoration or transfer of such control.If the commission finds that the reason forits assumption or retention is no longervalid, it may restore or transfer control overthe class of air contaminants to the regionalauthority. [Formerly 449.910 and then 468.540]

468A.145 Contract for commission toretain authority under ORS 468A.135. Aregional authority may contract with theEnvironmental Quality Commission for thecommission to retain all or part of the au-thority that would otherwise be granted tothe regional authority under ORS 468A.135,subject to terms of the contract. [Formerly449.863 and then 468.545]



468A.150 Conduct of public hearings;entry of orders. (1) All public hearingsother than those held prior to adoption ofrules or standards shall be held by the boardof directors or before any member or mem-bers of the board of directors or a hearingofficer, as the board of directors may desig-nate. Such hearings shall be conducted inthe manner prescribed in ORS chapter 183.

(2) If a majority of the board of directorshas conducted the hearing, it shall enter itsorder within 60 days after the conclusion ofthe hearing. If the hearing is conducted bya hearing officer, or by a member or mem-bers constituting less than a majority of theboard, the final decision shall be made andentered by the board within 60 days afterconclusion of the hearing if no exceptionsare filed, or within 60 days after final argu-ments on written exceptions to a proposeddecision are heard. [Formerly 449.890 and then468.550]

468A.155 Rules authorizing regionalpermit programs. (1) The EnvironmentalQuality Commission by rule may authorizeregional authorities to issue permits for aircontamination sources within their areas ofjurisdiction.

(2) Permit programs established by re-gional authorities pursuant to subsection (1)of this section shall:

(a) Conform to the requirements of ORS468.065, 468A.040, 468A.045 and 468A.300 to468A.320;

(b) Be subject to review and approval bythe commission; and

(c) If the permit program is a Title Vprogram, include a provision to transfer aportion of the permit fees imposed for theprogram to the Department of EnvironmentalQuality, sufficient to pay the expenses of thedepartment incurred in including the re-gional program in the state program and forthe department′s oversight of the regionalprogram. [Formerly 449.883 and then 468.555; 1993c.790 §5]

468A.160 Expansion or dissolution ofauthority. (1) The territory of a regionalauthority may be expanded in the mannerprovided for forming regions by inclusion ofan additional contiguous county or city if:

(a) All of the governing bodies of theparticipating counties and cities adopt ordi-nances or resolutions authorizing the inclu-sion of the additional territory;

(b) The governing body of the proposedcounty or city adopts such ordinance or res-olution as would be required to form a re-gional authority; and

(c) The Environmental Quality Commis-sion approves the expansion.

(2) Any regional authority may be dis-solved by written consent of the governingbodies of all participating counties and cities.Upon dissolution, any assets remaining afterpayment of all debts shall be divided amongthe participating counties and cities in directproportion to the total amount contributedby each. However, all rules, standards andorders of the regional authority shall con-tinue in effect until superseded by action ofthe commission. [Formerly 449.900 and then 468.560;2007 c.71 §149]

468A.165 Compliance with state stan-dards required; hearing; notice. (1) TheEnvironmental Quality Commission may re-quire that necessary corrective measures beundertaken within a reasonable time if, afterhearing, it finds that:

(a) A regional authority has failed to es-tablish an adequate air quality control pro-gram within a reasonable time after itsformation; or

(b) An air quality control program inforce in the territory of a regional authorityis being administered in a manner inconsist-ent with the requirements of ORS 448.305,454.010 to 454.040, 454.205 to 454.255, 454.505to 454.535, 454.605 to 454.755 and ORS chap-ters 468, 468A and 468B.

(2) Notice of the hearing required undersubsection (1) of this section shall be sent tothe regional authority not less than 30 daysprior to the hearing.

(3) If the regional authority fails to takethe necessary corrective measures within thetime required, the commission shall under-take a program of administration and en-forcement of the air quality control programin the territory of the regional authority.The program instituted by the commissionshall supersede all rules, standards and or-ders of the regional authority.

(4) If, in the judgment of the commission,a regional authority is able to requalify toexercise the functions authorized in ORS468A.135, the commission shall restore thosefunctions to the regional authority and shallnot exercise the same functions in the terri-tory of the regional authority. [Formerly 449.905and then 468.565]

468A.170 Payment of costs of servicesto authority by state. Any consultation andservices provided to regional authorities orlocal air quality control programs by theEnvironmental Quality Commission may bepaid for either from funds appropriated to thecommission or under agreements between theparties on a reimbursable basis. [Formerly449.915 and then 468.570]

468A.175 State aid. (1) Subject to theavailability of funds therefor:



(a) Any air quality control program con-forming to the rules of the EnvironmentalQuality Commission and operated by notmore than one unit of local government shallbe eligible for state aid in an amount not toexceed 30 percent of the locally funded an-nual operating cost thereof, not includingany federal funds to which the program maybe entitled.

(b) Any air quality control program exer-cising functions operated by a regional au-thority shall be eligible for state aid in anamount not to exceed 50 percent of the lo-cally funded annual operating cost thereof,not including any federal funds to which theprogram may be entitled.

(2) Applications for state funds shall bemade to the commission and funds shall bemade available under subsection (1) of thissection according to the determination of thecommission. In making its determination,the commission shall consider:

(a) The adequacy and effectiveness of theair quality control program.

(b) The geographic and demographic fac-tors in the territory under the program.

(c) The particular problems of the terri-tory under the program.

(3) In order to qualify for any state aidand subject to the availability of fundstherefor, the local government or the re-gional authority must submit all applicationsfor federal financial assistance to the com-mission before submitting them to the federalgovernment.

(4) When certified by the commission,claims for state aid shall be presented forpayment in the manner that other claimsagainst the state are paid. [Formerly 449.920 andthen 468.575]

468A.180 Payment of certain courtcosts not required. A regional authorityshall not be required to pay any filing, ser-vice or other fees or furnish any bond orundertaking upon appeal or otherwise in anyaction or proceedings in any court in thisstate 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 Leg-islative Assembly finds that:

(1) In December 2004 the Governor′s Ad-visory Group on Global Warming issued itsreport calling for immediate and significantaction to address global warming, to reduceOregon′s exposure to the risks of globalwarming and to begin to prepare for the ef-fects of global warming. The advisory groupalso identified 46 specific recommendations

for measurable reductions in the state′sgreenhouse gas emissions.

(2) In partnership with the Governor′sadvisory group, 50 scientists signed the “Sci-entific Consensus Statement on the LikelyImpacts of Climate Change on the PacificNorthwest,” which examined the potentialeffects of climate change on temperature,precipitation, sea level, marine ecosystemsand terrestrial ecosystems. The scientists re-commended additional, improved scientificstudies and modeling of the effects of climatechange on the atmosphere, oceans and land,as well as modeling of the effects of eco-nomic and management policies.

(3) Global warming poses a serious threatto the economic well-being, public health,natural resources and environment of Ore-gon.

(4) Oregon relies on snowpack for sum-mer stream flows to provide energy, munici-pal water, watershed health and irrigation.Also, a potential rise in sea levels threatensOregon′s coastal communities. Reducedsnowpack, changes in the timing of streamflows, extreme or unusual weather events,rising sea levels, increased occurrences ofvector-borne diseases and impacts on foresthealth could significantly impact the econ-omy, environment and quality of life in Ore-gon.

(5) Oregon forests play a significant rolein sequestering atmospheric carbon, and los-ing this potential to sequester carbon willhave a significant negative effect on the re-duction of carbon levels in the atmosphere.

(6) Global warming will have detrimentaleffects on many of Oregon′s largest indus-tries, including agriculture, wine making,tourism, skiing, recreational and commercialfishing, forestry and hydropower generation,and will therefore negatively impact thestate′s workers, consumers and residents.

(7) There is a need to assess the currentlevel of greenhouse gas emissions in Oregon,to monitor the trend of greenhouse gasemissions in Oregon over the next severaldecades and to take necessary action to be-gin reducing greenhouse gas emissions in or-der to prevent disruption of Oregon′seconomy and quality of life and to meet Or-egon′s responsibility to reduce the impactsand the pace of global warming.

(8) Oregon has been a national leader inenergy conservation and environmentalstewardship, including the areas of energyefficiency requirements and investments,renewable energy investments, natural re-source conservation, greenhouse gas offsetrequirements and investments, and globalwarming pollution standards for passengervehicles. Significant opportunities remain to



reduce greenhouse gas emissions statewide,especially from major contributors ofgreenhouse gas emissions, including electric-ity production, transportation, building con-struction and operation, and the residentialand consumer sectors.

(9) Actions to reduce greenhouse gasemissions will reduce Oregon′s reliance onforeign sources of energy, lead to the devel-opment of technology, attract new businessesto Oregon and increase energy efficiencythroughout the state, resulting in benefits tothe economy and to individual businesses andresidents.

(10) In devising measures to achieve re-duction of greenhouse gas emissions, Oregonmust strive to not disadvantage Oregon busi-nesses as compared to businesses in otherstates with which Oregon cooperates on re-gional greenhouse gas emissions reductionstrategies.

(11) Policies pursued, and actions taken,by Oregon will:

(a) In concert with complementary poli-cies and actions by other states and the fed-eral government, substantially reduce theglobal levels of greenhouse gas emissions andthe impacts of those emissions;

(b) Encourage similar policies and ac-tions by various stakeholders;

(c) Inform and shape national policiesand actions in ways that are advantageousto Oregon residents and businesses; and

(d) Directly benefit the state and localgovernments, businesses and residents. [2007c.907 §1]


468A.205 Policy; greenhouse gas emis-sions reduction goals. (1) The LegislativeAssembly declares that it is the policy of thisstate to reduce greenhouse gas emissions inOregon pursuant to the following greenhousegas emissions reduction goals:

(a) By 2010, arrest the growth of Ore-gon′s greenhouse gas emissions and begin toreduce greenhouse gas emissions.

(b) By 2020, achieve greenhouse gas lev-els that are 10 percent below 1990 levels.

(c) By 2050, achieve greenhouse gas lev-els that are at least 75 percent below 1990levels.

(2) The Legislative Assembly declaresthat it is the policy of this state for state andlocal governments, businesses, nonprofit or-ganizations and individual residents to pre-pare for the effects of global warming and bydoing so, prevent and reduce the social, eco-

nomic and environmental effects of globalwarming.

(3) This section does not create any ad-ditional regulatory authority for an agencyof the executive department as defined inORS 174.112. [2007 c.907 §2]


468A.210 Definitions for ORS 352.247and 468A.200 to 468A.260. As used in ORS352.247 and 468A.200 to 468A.260:

(1) “Global warming” means an increasein the average temperature of the earth′s at-mosphere that is associated with the releaseof greenhouse gases.

(2) “Greenhouse gas” means any gas thatcontributes to anthropogenic global warmingincluding, but not limited to, carbon dioxide,methane, nitrous oxide, hydrofluorocarbons,perfluorocarbons and sulfur hexafluoride.

(3) “Greenhouse gas cap-and-tradesystem” means a system that:

(a) Establishes a total cap on greenhousegas emissions from an identified group ofemitters;

(b) Establishes a market for allowancesthat represent emissions; and

(c) Allows trading of allowances amonggreenhouse gas emitters. [2007 c.907 §3]


468A.215 Oregon Global WarmingCommission; appointment; term; vacan-cies; expenses of members. (1) There iscreated the Oregon Global Warming Com-mission. The commission shall consist of 25members, including 11 voting members ap-pointed by the Governor under this sectionand 14 ex officio nonvoting members speci-fied in ORS 468A.220.

(2) Members of the commission appointedunder this section shall be appointed so asto be representative of the social, environ-mental, cultural and economic diversity ofthe state and to be representative of the pol-icy, science, education and implementationelements of the efforts to reduce greenhousegas emissions and to prepare Oregon for theeffects of global warming. Of the membersappointed by the Governor under this sec-tion:

(a) One member shall have significantexperience in manufacturing;

(b) One member shall have significantexperience in energy;

(c) One member shall have significantexperience in transportation;

(d) One member shall have significantexperience in forestry;

(e) One member shall have significantexperience in agriculture; and



(f) One member shall have significant ex-perience in environmental policy.

(3) The Governor shall select a chairper-son and a vice chairperson from among themembers appointed under this section.

(4) The term of office of a member ap-pointed under this section is four years. Be-fore the expiration of the term of a member,the Governor shall appoint a successorwhose term begins on January 31 next fol-lowing. A member appointed under this sec-tion is eligible for reappointment. In case ofvacancy for any cause, the Governor shallmake an appointment to become immediatelyeffective for the unexpired term.

(5) The members of the commission ap-pointed under this section must be residentsof this state. Failure of a member to main-tain compliance with the eligibility require-ments related to the member′s appointmentshall result in disqualification from servingon the commission.

(6) Voting members of the commissionappointed under this section are entitled toexpenses as provided in ORS 292.495 (2). [2007c.907 §4]

Note: See note under 468A.200.Note: Section 6, chapter 907, Oregon Laws 2007,

provides:Sec. 6. Notwithstanding the term of office specified

by section 4 of this 2007 Act [468A.215], of the membersfirst appointed to the Oregon Global Warming Commis-sion pursuant to section 4 of this 2007 Act:

(1) Three shall serve for terms ending January 1,2009.



(4) Two shall serve for terms ending July 1, 2011.[2007 c.907 §6]

468A.220 Ex officio members. (1) Inaddition to the members appointed underORS 468A.215, the Oregon Global WarmingCommission shall include the following exofficio members:

(a) The Director of the State Departmentof 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 ac-ademic institution.

(2) The following representatives of theLegislative Assembly also shall serve as exofficio nonvoting members:

(a) Two members of the Senate, not fromthe same political party, appointed by thePresident of the Senate; and

(b) Two members of the House of Repre-sentatives, not from the same political party,appointed by the Speaker of the House ofRepresentatives.

(3) Each legislative member serves at thepleasure of the appointing authority and mayserve so long as the member remains in thechamber of the Legislative Assembly fromwhich the member was appointed. [2007 c.907§5]


468A.225 Meetings; quorum; supportof agencies. (1) A majority of the membersof the Oregon Global Warming Commissionconstitutes a quorum for the transaction ofbusiness.

(2) The commission shall meet at timesand places specified by a majority of themembers of the commission.

(3) The State Department of Energy shallprovide clerical, technical and managementpersonnel to serve the commission. Otheragencies shall provide support as requestedby the department or the commission. [2007c.907 §7]


468A.230 Rules. The Oregon GlobalWarming Commission may adopt by rulesuch standards and procedures as it consid-ers necessary for the operation of the com-mission. [2007 c.907 §8]


468A.235 Coordination of state and lo-cal efforts to reduce greenhouse gasemissions. The Oregon Global WarmingCommission shall recommend ways to coor-dinate state and local efforts to reducegreenhouse gas emissions in Oregon consist-ent with the greenhouse gas emissions re-duction goals established by ORS 468A.205and shall recommend efforts to help Oregonprepare for the effects of global warming.The Office of the Governor and state agen-cies working on multistate and regional ef-forts to reduce greenhouse gas emissionsshall inform the commission about these ef-forts and shall consider input from the com-mission for such efforts. [2007 c.907 §9]


468A.240 Recommendations; publiccomment; examination of greenhouse gascap-and-trade systems. (1) In furtheranceof the greenhouse gas emissions reductiongoals established by ORS 468A.205, the Ore-gon Global Warming Commission may re-



commend statutory and administrativechanges, policy measures and other recom-mendations to be carried out by state andlocal governments, businesses, nonprofit or-ganizations or residents. In developing itsrecommendations, the commission shall con-sider economic, environmental, health andsocial costs, and the risks and benefits of al-ternative strategies, including least-costoptions. The commission shall solicit andconsider public comment relating to statu-tory, administrative or policy recommen-dations.

(2) The commission shall examinegreenhouse gas cap-and-trade systems, in-cluding a statewide and multistate carboncap-and-trade system and market-basedmechanisms, as a means of achieving thegreenhouse gas emissions reduction goals es-tablished by ORS 468A.205.

(3) The commission shall examine possi-ble funding mechanisms to obtain low-costgreenhouse gas emissions reductions and en-ergy efficiency enhancements, including butnot limited to those in the natural gas in-dustry. [2007 c.907 §10]


468A.245 Outreach strategy. The Ore-gon Global Warming Commission shall de-velop an outreach strategy to educateOregonians about the scientific aspects andeconomic impacts of global warming and toinform Oregonians of ways to reducegreenhouse gas emissions and ways to pre-pare for the effects of global warming. Thecommission, at a minimum, shall work withstate and local governments, the State De-partment of Energy, the Department of Edu-cation, the State Board of Higher Educationand businesses to implement the outreachstrategy. [2007 c.907 §11]


468A.250 Mandate of Oregon GlobalWarming Commission. (1) The OregonGlobal Warming Commission shall track andevaluate:

(a) Economic, environmental, health andsocial assessments of global warming impactson Oregon and the Pacific Northwest;

(b) Existing greenhouse gas emissions re-duction policies and measures;

(c) Economic, environmental, health andsocial costs, and the risks and benefits of al-ternative strategies, including least-costoptions;

(d) The physical science of global warm-ing;

(e) Progress toward the greenhouse gasemissions reduction goals established by ORS468A.205;

(f) Greenhouse gases emitted by varioussectors of the state economy, including butnot limited to industrial, transportation andutility sectors;

(g) Technological progress on sources ofenergy the use of which generates no or lowgreenhouse gas emissions and methods forcarbon sequestration;

(h) Efforts to identify the greenhouse gasemissions attributable to the residential andcommercial building sectors;

(i) The carbon sequestration potential ofOregon′s forests, alternative methods of for-est management that can increase carbonsequestration and reduce the loss of carbonsequestration to wildfire, changes in themortality and distribution of tree and otherplant species and the extent to which carbonis stored in tree-based building materials;

(j) The advancement of regional, nationaland international policies to reducegreenhouse gas emissions;

(k) Local and regional efforts to preparefor the effects of global warming; and

(L) Any other information, policies oranalyses that the commission determines willaid in the achievement of the greenhouse gasemissions reduction goals established by ORS468A.205.

(2) The commission shall:(a) Work with the State Department of

Energy and the Department of Environ-mental Quality to evaluate all gases with thepotential to be greenhouse gases and to de-termine a carbon dioxide equivalency forthose gases; and

(b) Use regional and national baselinestudies of building performance to identifyincremental targets for the reduction ofgreenhouse gas emissions attributable to res-idential and commercial building construc-tion and operations. [2007 c.907 §12]


468A.255 Citizen advisory groups. TheOregon Global Warming Commission mayrecommend to the Governor the formation ofcitizen advisory groups to explore particularareas of concern with regard to the re-duction of greenhouse gas emissions and theeffects of global warming. [2007 c.907 §13]


468A.260 Report to Legislative Assem-bly. The Oregon Global Warming Commis-sion shall submit a report to the LegislativeAssembly, in the manner provided by ORS192.245, by March 31 of each odd-numberedyear that describes Oregon′s progress towardachievement of the greenhouse gas emissionsreduction goals established by ORS 468A.205.The report may include relevant issues andtrends of significance, including trends of



greenhouse gas emissions, emerging publicpolicy and technological advances. The re-port also may discuss measures the state mayadopt to mitigate the impacts of globalwarming on the environment, the economyand the residents of Oregon and to preparefor those impacts. [2007 c.907 §14]


(Miscellaneous)468A.270 Motor vehicle pollution con-

trol systems; definitions; rules; excep-tions. (1) As used in this section:

(a) “Greenhouse gas” has the meaninggiven that term in ORS 468A.210.

(b) “Motor vehicle” has the meaninggiven that term in ORS 801.360.

(2) The Environmental Quality Commis-sion may adopt by rule standards and re-quirements described in this section toreduce greenhouse gas emissions.

(3)(a) The commission may adopt require-ments to prevent the tampering, alterationand modification of the original design orperformance of motor vehicle pollution con-trol systems.

(b) Before adopting requirements underthis section, the commission shall considerthe antitampering requirements and ex-emptions of the State of California.

(4) The commission may adopt require-ments for motor vehicle service providers tocheck and inflate tire pressure according tothe tire manufacturer′s or motor vehiclemanufacturer′s recommended specifications,provided that the requirements:

(a) Do not apply when the primary pur-pose of the motor vehicle service is fuelingvehicles; and

(b) Do not require motor vehicle serviceproviders to purchase equipment to checkand inflate tire pressure.

(5) The commission may adopt re-strictions on engine use by commercial shipswhile at port, and requirements that portsprovide alternatives to engine use such aselectric power, provided that:

(a) Engine use shall be allowed whennecessary to power mechanical or electricaloperations if alternatives are not reasonablyavailable;

(b) Engine use shall be allowed whennecessary for reasonable periods due toemergencies and other considerations as de-termined by the commission; and

(c) The requirements must be developedin consultation with representatives of Ore-gon ports and take into account operationalconsiderations, operational agreements,

international protocols and limitations, theability to fund the purchase and use of elec-tric power equipment and the potential effectof the requirements on competition withother ports.

(6) In adopting rules under this section,the commission shall evaluate:

(a) Safety, feasibility, net reduction ofgreenhouse gas emissions and cost-effectiveness;

(b) Potential adverse impacts to publichealth and the environment, including butnot limited to air quality, water quality andthe generation and disposal of waste in thisstate;

(c) Flexible implementation approaches tominimize compliance costs; and

(d) Technical and economic studies ofcomparable greenhouse gas emissions re-duction measures implemented in otherstates and any other studies as determinedby the commission.

(7) The provisions of this section do notapply to:

(a) Motor vehicles registered as farm ve-hicles under the provisions of ORS 805.300.

(b) Farm tractors, as defined in ORS801.265.

(c) Implements of husbandry, as definedin ORS 801.310.

(d) Motor trucks, as defined in ORS801.355, used primarily to transport logs.[2009 c.754 §3]

Note: 468A.270 becomes operative January 1, 2011.See section 4, chapter 754, Oregon Laws 2009.

Note: Section 5, chapter 754, Oregon Laws 2009,provides:

Sec. 5. The Environmental Quality Commissionmay adopt rules before the operative date specified insection 4 of this 2009 Act [January 1, 2011] or take anyaction before the operative date specified in section 4of this 2009 Act that is necessary to carry out the pro-visions of section 3 of this 2009 Act [468A.270]. Anyrules adopted by the commission under this section donot become operative until on or after January 1, 2011.[2009 c.754 §5]

(Temporary provisions relating to lowcarbon 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 aver-age, per unit of fuel energy.

(c) “Motor vehicle” has the meaning given thatterm in ORS 801.360.

(d) “PADD 5 region” means the Petroleum Admin-istration for Defense District 5 states of Arizona,Nevada, Oregon and Washington.



(2)(a) The Environmental Quality Commission mayadopt by rule low carbon fuel standards for gasoline,diesel and fuels used as substitutes for gasoline or die-sel.

(b) The commission may adopt the following relatedto the standards, including but not limited to:

(A) A schedule to phase in implementation of thestandards in a manner that reduces the average amountof greenhouse gas emissions per unit of fuel energy ofthe fuels by 10 percent below 2010 levels by the year2020;

(B) Standards for greenhouse gas emissions attrib-utable to the fuels throughout their lifecycles, includingbut not limited to emissions from the production, stor-age, transportation and combustion of the fuels andfrom changes in land use associated with the fuels;

(C) Provisions allowing the use of all types of lowcarbon fuels to meet the low carbon fuel standards, in-cluding but not limited to biofuels, biogas, compressednatural gas, gasoline, diesel, hydrogen and electricity;

(D) Standards for the issuance of deferrals, estab-lished with adequate lead time, as necessary to ensureadequate fuel supplies;

(E) Exemptions for liquefied petroleum gas andother alternative fuels that are used in volumes belowthresholds established by the commission;

(F) Standards, specifications, testing requirementsand other measures as needed to ensure the quality offuels produced in accordance with the low carbon fuelstandards, including but not limited to the requirementsof ORS 646.910 to 646.923 and administrative rulesadopted by the State Department of Agriculture formotor fuel quality; and

(G) Adjustments to the amounts of greenhouse gasemissions per unit of fuel energy assigned to fuels forcombustion and drive train efficiency.

(c) Before adopting standards under this section,the commission shall consider the low carbon fuelstandards of other states, including but not limited toWashington, for the purpose of determining schedulesand goals for the reduction of the average amount ofgreenhouse gas emissions per unit of fuel energy andthe default values for these reductions for applicablefuels.

(d) The commission shall provide exemptions anddeferrals as necessary to mitigate the costs of complyingwith the low carbon fuel standards upon a finding bythe commission that the 12-month rolling weighted av-erage price of gasoline or diesel in Oregon is not com-petitive with the 12-month rolling weighted averageprice in the PADD 5 region.

(3) In adopting rules under this section, the Envi-ronmental Quality Commission shall evaluate:

(a) Safety, feasibility, net reduction of greenhousegas emissions and cost-effectiveness;

(b) Potential adverse impacts to public health andthe environment, including but not limited to air qual-ity, water quality and the generation and disposal ofwaste in this state;

(c) Flexible implementation approaches to minimizecompliance costs; and

(d) Technical and economic studies of comparablegreenhouse gas emissions reduction measures imple-mented in other states and any other studies as deter-mined by the commission.

(4) The provisions of this section do not apply to:(a) Motor vehicles registered as farm vehicles un-

der 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, usedprimarily to transport logs. [2009 c.754 §6]

Sec. 7. (1) Except as provided in subsection (2) ofthis section, section 6 of this 2009 Act becomes operativeon July 1, 2011.

(2) The Environmental Quality Commission mayadopt rules before the operative date specified in sub-section (1) of this section or take any action before theoperative date specified in subsection (1) of this sectionthat is necessary to carry out the provisions of section6 of this 2009 Act. Any rules adopted by the commissionunder this section do not become operative until on orafter July 1, 2011. [2009 c.754 §7]

Sec. 8. Sections 6 and 7 of this 2009 Act are re-pealed on December 31, 2015. [2009 c.754 §8]

Sec. 9. (1) The Department of EnvironmentalQuality shall report on the implementation of sections3 [468A.270] and 6 of this 2009 Act to:

(a) The interim legislative committees on environ-ment and natural resources on or before December 31,2010; and

(b) The Seventy-sixth, Seventy-seventh andSeventy-eighth Legislative Assemblies in the mannerprovided by ORS 192.245.

(2) The reports required under subsection (1) of thissection must contain a description of:

(a) Rules adopted under sections 3 and 6 of this2009 Act;

(b) The manner in which the Environmental Qual-ity Commission complied with the requirements ofsections 3 and 6 of this 2009 Act in adopting the rules;

(c) Significant policy decisions made by the com-mission in adopting rules under section 3 of this 2009Act; and

(d) The anticipated effects of the December 31, 2015,repeal of sections 6 and 7 of this 2009 Act on theavailability of low carbon fuels and the development ofbiofuels production facilities and electric vehicle infra-structure in Oregon. [2009 c.754 §9]

468A.280 Electricity; fossil fuels; reg-istration and reporting requirements;rules. (1) In addition to any registration andreporting that may be required under ORS468A.050, the Environmental Quality Com-mission by rule may require registration andreporting by:

(a) Any person who imports, sells, allo-cates or distributes for use in this stateelectricity, the generation of which emitsgreenhouse gases.

(b) Any person who imports, sells or dis-tributes for use in this state fossil fuel thatgenerates greenhouse gases when combusted.

(2) Rules adopted by the commission un-der this section for electricity that is im-ported, sold, allocated or distributed for usein this state may require reporting of infor-mation necessary to determine greenhousegas emissions from generating facilities usedto produce the electricity and related elec-tricity transmission line losses.

(3)(a) The commission shall allow con-sumer-owned utilities, as defined in ORS757.270, to comply with reporting require-ments imposed under this section by thesubmission of a report prepared by a third



party. A report submitted under this para-graph may include information for more thanone consumer-owned utility, but must includeall information required by the commissionfor each individual utility.

(b) For the purpose of determininggreenhouse gas emissions related to electric-ity purchased from the Bonneville PowerAdministration by a consumer-owned utility,as defined in ORS 757.270, the commissionmay require only that the utility report:

(A) The number of megawatt-hours ofelectricity purchased by the utility from theBonneville Power Administration, segregatedby the types of contracts entered into by theutility with the Bonneville Power Adminis-tration; and

(B) The percentage of each fuel or energytype used to produce electricity purchasedunder each type of contract.

(4)(a) Rules adopted by the commissionpursuant to this section for electricity thatis purchased, imported, sold, allocated ordistributed for use in this state by an electriccompany, as defined in ORS 757.600, must belimited to the reporting of:

(A) Greenhouse gas emissions emittedfrom generating facilities owned or operatedby the electric company;

(B) Greenhouse gas emissions emittedfrom transmission equipment owned or oper-ated by the electric company;

(C) The number of megawatt-hours ofelectricity purchased by the electric companyfor use in this state, including information,if known, on:

(i) The seller of the electricity to theelectric company; and

(ii) The original generating facility fueltype or types; and

(D) An estimate of the amount ofgreenhouse gas emissions, using defaultgreenhouse gas emissions factors establishedby the commission by rule, attributable to:

(i) Electricity purchases made by a par-ticular seller to the electric company;

(ii) Electricity purchases from an un-known origin or from a seller who is unableto identify the original generating facilityfuel type or types;

(iii) Electricity purchases for which arenewable energy certificate under ORS469A.130 has been issued but subsequentlytransferred or sold to a person other thanthe electric company;

(iv) Electricity transmitted for others bythe electric company; and

(v) Total energy losses from electricitytransmission and distribution equipmentowned or operated by the electric company.

(b) Pursuant to paragraph (a) of this sub-section, a multijurisdictional electric com-pany may rely upon a cost allocationmethodology approved by the Public UtilityCommission for reporting emissions allocatedin this state.

(5) Rules adopted by the commission un-der this section for fossil fuel that is im-ported, sold or distributed for use in thisstate may require reporting of the type andquantity of the fuel and any additional infor-mation necessary to determine the carboncontent of the fuel. For the purpose of de-termining greenhouse gas emissions relatedto liquefied petroleum gas, the commissionshall allow reporting using publications orsubmission of data by the American Petro-leum Institute but may require reporting ofsuch other information necessary to achievethe purposes of the rules adopted by thecommission under this section.

(6) To an extent that is consistent withthe purposes of the rules adopted by thecommission under this section, the commis-sion shall minimize the burden of the report-ing required under this section by:

(a) Allowing concurrent reporting of in-formation that is also reported to anotherstate agency;

(b) Allowing electronic reporting;(c) Allowing use of good engineering

practice calculations in reports, or of emis-sion factors published by the United StatesEnvironmental Protection Agency;

(d) Establishing thresholds for theamount of specific greenhouse gases thatmay be emitted or generated without report-ing;

(e) Requiring reporting by the fewestnumber of persons in a fuel distribution sys-tem that will allow the commission to ac-quire the information needed by thecommission; or

(f) Other appropriate means and proce-dures determined by the commission.

(7) As used in this section, “greenhousegas” has the meaning given that term inORS 468A.210. [2009 c.749 §2]


Sec. 3. The Department of Environmental Qualityshall evaluate the funding mechanism for developingand implementing the greenhouse gas reporting programestablished under ORS 468A.050 and section 2 of this2009 Act [468A.280], including whether a schedule of feesshould be established for persons required to reportunder section 2 of this 2009 Act. The department shallreport to the Seventy-sixth Legislative Assembly, or toany special session of the Seventy-fifth Legislative As-sembly, in the manner provided by ORS 192.245. [2009c.749 §3]



468A.290 Oregon Climate Corps; long-term plan; grants and donations. (1) TheUniversity of Oregon, after consultation withthe Oregon State University Extension Ser-vice, shall, to the extent possible with anymoneys received under subsection (3) of thissection:

(a) Implement the Oregon Climate Corpsthrough the University of Oregon Institutefor a Sustainable Environment Climate Mas-ters program to help Oregon residents, busi-nesses and other entities increase theirunderstanding of climate change, to reducegreenhouse gas emissions and to address theclimate change challenges that Oregon faces.The Oregon Climate Corps shall be a trainedcorps of volunteers to act as catalysts insupport of the efforts of public bodies as de-fined in ORS 174.109, the private sector andnongovernmental organizations.

(b) Model the Oregon Climate Corps de-scribed in paragraph (a) of this subsection onother successful public service programs, in-cluding but not limited to the Oregon StateUniversity Master Gardener and MasterRecycler programs, AmeriCorps andAmeriCorps VISTA.

(2) Individuals participating in the Ore-gon Climate Corps shall be educated onprojects meant to address climate challenges,including but not limited to:

(a) Carbon sequestration projects such aslocal community tree-planting initiatives.

(b) Climate initiatives that emphasize af-fordable and easily implemented actions forhomes, local communities, private businesses,schools and public entities.

(c) Educational projects to increase theimplementation of cost-effective, easilyachievable changes in practices.

(d) Projects related to renewable energytechnologies.

(e) Energy conservation and efficiencyprojects, such as home weatherization andthe installation of solar panels and otherrenewable energy technologies.

(f) Projects to reduce carbon dioxideemissions from transportation, from manu-facturing and from food and produce use andacquisition.

(3)(a) The University of Oregon, afterconsultations with the Oregon State Univer-sity Extension Service, shall develop a long-term plan to fund the Oregon Climate Corps.

(b) The University of Oregon may acceptgrants, donations, contributions or gifts fromany source for deposit in the Oregon ClimateCorps Fund established under ORS 468A.292for expenditures for any purpose consistentwith this section. [2009 c.480 §1]

Note: 468A.290 and 468A.292 were enacted into lawby the Legislative Assembly but were not added to ormade a part of ORS chapter 468A or any series thereinby legislative action. See Preface to Oregon RevisedStatutes for further explanation.

468A.292 Oregon Climate Corps Fund.The Oregon Climate Corps Fund is estab-lished in the State Treasury, separate anddistinct from the General Fund. Interestearned by the Oregon Climate Corps Fundshall be credited to the fund. Moneys in thefund are continuously appropriated to theUniversity of Oregon for the purposes speci-fied in ORS 468A.290. [2009 c.480 §2]


FEDERAL OPERATING PERMITPROGRAM

468A.300 Definitions for federal oper-ating permit program. As used in ORS468.065, 468A.040, 468A.300 to 468A.330,468A.415, 468A.420 and 468A.460 to 468A.515:

(1) “Administrator” means the adminis-trator of the United States EnvironmentalProtection Agency.

(2) “Clean Air Act” means P.L. 88-206 asamended.

(3) “Federal operating permit program”means the program established by the Envi-ronmental Quality Commission and the De-partment of Environmental Quality pursuantto ORS 468A.310.

(4) “Major source” has the meaninggiven in section 501(2) of the Clean Air Act.

(5) “Title V” means Title V of the CleanAir Act. [1991 c.752 §3; 2009 c.387 §15]

468A.305 Purpose. The Legislative As-sembly 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.515is to:

(1) Insure that the state meets its mini-mum obligations under the Clean Air ActAmendments of 1990.

(2) Avoid direct regulation of industrialsources of air pollution through a federalgovernment administered permit program.

(3) Prevent imposition of Clean Air Actsanctions which would impound federalhighway funds appropriated for the state andincrease emission offset requirements fornew and expanding major industrial sourcesof air pollution.

(4) Provide adequate resources to fullycover the costs of the Department of Envi-ronmental Quality to develop and administeran approvable federal operating permit pro-gram in accordance with the Clean Air Act,including costs of permitting, compliance,rule development, emission inventorying,



monitoring and modeling and related activ-ities. [1991 c.752 §2]

468A.310 Federal operating permitprogram approval; rules; content of plan.(1) The Department of Environmental Qual-ity shall prepare and submit to the Adminis-trator of the United States EnvironmentalProtection Agency for approval a federal op-erating permit program as required to imple-ment Title V. The Environmental QualityCommission and the department may seekinterim or partial approval if appropriate.

(2) The commission shall adopt rules toimplement the federal operating permit pro-gram.

(3) To the maximum extent possible, con-sistent with subsection (2) of this section,and within budgetary constraints, rulesadopted by the commission under subsection(2) of this section shall include:

(a) Streamlined procedures for expe-ditious review of permit actions in accor-dance with section 502(b)(6) of the Clean AirAct;

(b) Assurances against unreasonable de-lays in accordance with section 502(b)(7) ofthe Clean Air Act;

(c) In accordance with section 502(b)(10)of the Clean Air Act, provisions to allowchanges within a permitted facility withoutrequiring permit revisions;

(d) In accordance with section 503(d) ofthe Clean Air Act, protection for sourcesthat file complete and timely permit applica-tions;

(e) Provisions that deem compliance witha permit to be in compliance with other ap-plicable provisions of the Clean Air Act inaccordance with section 504(f) of the CleanAir Act;

(f) In accordance with section 112(i)(5) ofthe Clean Air Act, a deferral for early re-ductions of the requirement to meet stan-dards promulgated under section 112(d) ofthe Clean Air Act;

(g) In accordance with section 504(b) ofthe Clean Air Act, provisions for alternativesto continuous emissions monitoring that pro-vide sufficiently reliable and timely informa-tion; and

(h) Notice and opportunity for publiccomment as required by the Clean Air Actand for objection by the administrator undersection 505(b) of the Clean Air Act. If theadministrator objects to a proposed permit,the department shall:

(A) Revise the permit to meet the ob-jection within 90 days after the date of theobjection; or

(B) Determine not to issue the permit.

(4) In any discretionary rulemaking nec-essary to implement the federal operatingpermit program, the commission shall con-sider and make publicly available a briefwritten statement of the commission′s judg-ment regarding:

(a) The need for the action and a reason-able range of alternatives that would satisfythe need;

(b) The environmental benefit that willbe achieved, taking into consideration allenvironmental media, including energy con-sumption;

(c) The estimated cost of the rule; and(d) Other sources of the air contaminants

addressed in the rule and whether regulationof the other sources is possible or desirable.[1991 c.752 §§4,22]

468A.315 Emission fees for majorsources; base fees; basis of fees; rules. (1)The fee schedule required under ORS 468.065(2) for a source subject to the federal oper-ating permit program shall be based on aschedule established by rule by the Environ-mental Quality Commission in accordancewith this section. Except for the additionalfee under subsection (2)(e) of this section,this fee schedule shall be in lieu of any otherfee for a permit issued under ORS 468A.040,468A.045 or 468A.155. The fee schedule shallcover all reasonable direct and indirect costsof implementing the federal operating permitprogram and shall consist of:

(a) An emission fee per ton of each regu-lated pollutant emitted during the prior cal-endar year as determined under subsection(2) of this section, subject to annual fee in-creases as set forth in paragraph (d) of thissubsection. The following emission fees ap-ply:

(A) $27 per ton emitted during the 2006calendar year.

(B) $29 per ton emitted during the 2007calendar year.

(C) $31 per ton emitted during the 2008calendar year and each calendar year there-after.

(b) Fees for the following specific ele-ments of the federal operating permit pro-gram:

(A) Reviewing and acting upon applica-tions for modifications to federal operatingpermits.

(B) Any activity related to permits re-quired under ORS 468A.040 other than thefederal operating permit program.

(C) Department of Environmental Qualityactivities for sources not subject to the fed-eral operating permit program.



(D) Department review of ambient moni-toring networks installed by a source.

(E) Other distinct department activitiescreated by a source or a group of sources ifthe commission finds that the activities areunique and specific and that additional rule-making is necessary and will impose costsupon the department that are not otherwisecovered by federal operating permit programfees.

(c) A base fee for a source subject to thefederal operating permit program. This basefee shall be no more than the fees set forthin subparagraphs (A) to (D) of this para-graph, subject to increases as set forth inparagraph (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 foreach annual period thereafter.

(d) An annual increase in the fees setforth in paragraphs (a) to (c) of this subsec-tion by the percentage, if any, by which theConsumer Price Index exceeds the ConsumerPrice Index as of the close of the 12-monthperiod ending on August 31, 1989, if thecommission determines by rule that the in-creased fees are necessary to cover all rea-sonable direct and indirect costs ofimplementing the federal operating permitprogram.

(2)(a) The fee on emissions of regulatedpollutants required under this section shallbe based on the amount of each regulatedpollutant emitted during the prior calendaryear as documented by information providedby the source in accordance with criteriaadopted by the commission or, if the sourceelects to pay the fee based on permittedemissions, the fee shall be based on theemission limit for the plant site of the majorsource.

(b) The fee required by subsection (1)(a)of this section does not apply to any emis-sions in excess of 4,000 tons per year of anyregulated pollutant through calendar year2010 and in excess of 7,000 tons per year ofall regulated pollutants for each calendaryear thereafter. The department may not re-vise a major source′s plant site emissionlimit due solely to payment of the fee on thebasis of documented emissions.

(c) The commission shall establish byrule criteria for the acceptability andverifiability of information related to emis-

sions as documented, including but not lim-ited 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 reason-

ably accurate information that complies withthe criteria established by the commission asdocumentation of emissions.

(e) The rules adopted under this sectionshall require an additional fee for failure topay, substantial underpayment of or latepayment of emission fees.

(3) The commission shall establish byrule the size fraction of total particulatessubject to emission fees as particulates underthis 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 themeaning given in 42 U.S.C. 7661a(b), as ineffect on June 20, 2007. [1991 c.752 §§5,25; 1993c.790 §§6,7; 2007 c.480 §1; 2009 c.266 §1]

468A.320 Accountability for costs ofprogram. The Department of EnvironmentalQuality shall establish a method to accountfor the costs of the federal operating permitprogram. The method shall, at a minimum,account for costs incurred for each elementof the program as described in section502(b)(3)(A)(i) through (vi) of the Clean AirAct. In accounting for the costs of the fed-eral operating permit program the depart-ment shall include a commensurate amountof the costs for any other permit issued un-der ORS 468A.040, 468A.045 or 468A.155 tothe extent that those costs are considered tobe part of the federal operating permit pro-gram by the Director of the Department ofEnvironmental Quality. [1991 c.752 §6; 1993 c.790§8]

468A.325 Priority of department workschedule. (1) Nothing in ORS 468A.040,468A.300 to 468A.320 or this section shallrequire the Environmental Quality Commis-sion or Department of Environmental Qual-ity to make less stringent any existingelement of the state′s air pollution controlprogram.

(2) To the maximum extent possible un-der federal laws and regulations and withinbudgetary constraints, the department shallprioritize its permitting work schedule toaddress all of the following:



(a) Sources required to have permits un-der the federal operating permit program;

(b) Other sources over which the depart-ment has been granted authority for controlof the emission of air contaminants that:

(A) Are either within nonattainmentareas or within attainment areas projectedby the department to exceed air standardswithin five years, and which substantiallycontribute to or cause the nonattainment orprojected nonattainment of air quality stan-dards; or

(B) May individually be causingexceedances of air quality standards;

(c) Applications for construction or mod-ification; and

(d) Sources that request a federally en-forceable permit from the department re-gardless of whether such a permit would berequired under the federal operating permitprogram. Within budgetary constraints, thedepartment shall cooperate with sourcesseeking a federally enforceable permit. [1991c.752 §8]

468A.327 Requirement for adoption,amendment or repeal of rules; oral hear-ing. (1) Prior to the adoption, amendment orrepeal of any rule pursuant to ORS chapter183 that applies to any facility required topay fees under ORS 468A.315, the Environ-mental Quality Commission shall includewith the notice of intended action requiredunder ORS 183.335 (1) a statement ofwhether the intended action imposes re-quirements in addition to the applicable fed-eral requirements and, if so, shall include awritten explanation of:

(a) The commission′s scientific, economic,technological, administrative or other rea-sons for exceeding applicable federal re-quirements; and

(b) Any alternatives the commission con-sidered and the reasons that the alternativeswere not pursued.

(2) The statement provided by the com-mission under subsection (1) of this sectionshall be based upon information available tothe commission at the time the commissionprepares the written explanation.

(3) Notwithstanding ORS 183.335 (3), anopportunity for an oral hearing before thecommission regarding the statement specifiedin subsections (1) and (2) of this section shallbe granted only if:

(a) The request for a hearing is received,within 14 days after the commission issuesthe notice of intended action required underORS 183.335 (1), from 10 persons or from anassociation having no fewer than 10 mem-bers; and

(b) The request describes how the per-sons or association that made the requestwill be directly harmed by the adoption,amendment or repeal of a rule under subsec-tion (1) of this section.

(4) If an oral hearing is granted undersubsection (3) of this section, the commissionshall give notice of the hearing at least 14days before the hearing to the persons or as-sociation requesting the hearing, to any per-sons who have requested notice pursuant toORS 183.335 (8) and to the persons specifiedin ORS 183.335 (15).

(5) Subsection (3) of this section does notapply if the commission includes with thenotice of intended action required under ORS183.335 (1) a notice that an oral hearing willbe held before the commission.

(6) The provisions of this section do notapply to temporary rules adopted by thecommission under ORS 183.335 (5). [2007 c.480§3]

468A.330 Small Business StationarySource Technical and EnvironmentalCompliance Assistance Program. (1) Be-cause of the extraordinary effect that thefederal operating permit program may haveon small business, there is hereby establishedwithin the Department of EnvironmentalQuality a Small Business Stationary SourceTechnical and Environmental ComplianceAssistance Program in accordance with sec-tion 507 of the Clean Air Act. This programshall include each element specified in sec-tion 507(a) of the Clean Air Act.

(2) A Compliance Advisory Panel is es-tablished to:

(a) Advise the department on the effec-tiveness of the Small Business StationarySource Technical and Environmental Com-pliance Assistance Program;

(b) Report to the Administrator of theUnited States Environmental ProtectionAgency as required by federal law;

(c) Review the information to be issuedby the program for small businesses to as-sure the information is understandable by alayperson; and

(d) Perform any other function requiredby the Clean Air Act.

(3) The Compliance Advisory Panel shallconsist of not less than seven members:

(a) Two members appointed by the Gov-ernor, who are not owners, or represen-tatives of owners, of small businessstationary sources, to represent the generalpublic;

(b) Four members who are owners, orwho represent owners, of small business sta-tionary sources as follows:



(A) One member appointed by the Presi-dent of the Senate;

(B) One member appointed by theSpeaker of the House;

(C) One member appointed by the SenateMinority Leader; and

(D) One member appointed by the HouseMinority Leader; and

(c) One member appointed by the Direc-tor of the Department of EnvironmentalQuality.

(4)(a) On-site technical assistance for thedevelopment and implementation of theSmall Business Stationary Source Technicaland Environmental Compliance AssistanceProgram shall not result in inspections orenforcement actions, except that the depart-ment may initiate compliance and enforce-ment actions immediately if, during onsitetechnical assistance, there is reasonablecause to believe a clear and immediate dan-ger to the public health and safety or to theenvironment exists.

(b) As used in this subsection:(A) “Clear” means plain, evident, free

from doubt.(B) “Immediate danger” means a situ-

ation in which there is substantial likelihoodthat serious harm may be experienced withinthe time frame necessary for the departmentto pursue an enforcement action. [1991 c.752§12]

MOTOR VEHICLE POLLUTION CONTROL

468A.350 Definitions for ORS 468A.350to 468A.400. As used in ORS 468A.350 to468A.400:

(1) “Certified system” means a motor ve-hicle pollution control system for which acertificate of approval has been issued underORS 468A.365 (3).

(2) “Factory-installed system” means amotor vehicle pollution control system in-stalled by the manufacturer which meetscriteria for emission of pollutants in effectunder federal laws and regulations applicableon September 9, 1971, or which meets crite-ria adopted pursuant to ORS 468A.365 (1),whichever criteria are stricter.

(3) “Motor vehicle” includes any self-propelled vehicle used for transporting per-sons or commodities on public roads andhighways but does not include a vehicle ofspecial interest as that term is defined inORS 801.605, if the vehicle is maintained asa collector′s item and used for exhibitions,parades, club activities and similar uses butnot used primarily for the transportation ofpersons or property, or a racing activity ve-hicle as defined in ORS 801.404.

(4) “Motor vehicle pollution control sys-tem” means equipment designed for installa-tion on a motor vehicle for the purpose ofreducing the pollutants emitted from the ve-hicle, or a system or engine adjustment ormodification which causes a reduction ofpollutants emitted from the vehicle. [Formerly468.360; 2007 c.693 §8]

468A.355 Legislative findings. For pur-poses of ORS 468A.350 to 468A.400, the Leg-islative Assembly finds:

(1) That the emission of pollutants frommotor vehicles is a significant cause of airpollution in many portions of this state.

(2) That the control and elimination ofsuch pollutants are of prime importance forthe protection and preservation of the publichealth, safety and well-being and for theprevention of irritation to the senses, inter-ference with visibility, and damage to vege-tation and property.

(3) That the state has a responsibility toestablish procedures for compliance withstandards which control or eliminate suchpollutants.

(4) That the Oregon goal for pure airquality is the achievement of an atmospherewith no detectable adverse effect from motorvehicle air pollution on health, safety, wel-fare and the quality of life and property.[Formerly 449.951 and then 468.365]

468A.360 Motor vehicle emission andnoise standards; copy to Department ofTransportation. (1) After public hearingand in accordance with the applicable pro-visions of ORS chapter 183, the Environ-mental Quality Commission may adopt motorvehicle emission standards. For the purposesof this section, the commission may include,as a part of such standards, any standardsfor the control of noise emissions adoptedpursuant to ORS 467.030.

(2) The commission shall furnish a copyof standards adopted pursuant to this sectionto the Department of Transportation andshall publish notice of the standards in amanner reasonably calculated to notify af-fected members of the public. [Formerly 468.370]

468A.363 Purpose of ORS 468A.363,468A.365, 468A.400 and 815.300. The Legis-lative Assembly declares the purpose of ORS468A.363, 468A.365, 468A.400 and 815.300 isto:

(1) Insure that the health of citizens inthe Portland area is not threatened by re-curring air pollution conditions.

(2) Provide necessary authority to theEnvironmental Quality Commission to imple-ment one of the critical elements of the airquality maintenance strategy for the Port-



land area related to improvements in themotor vehicle inspection program.

(3) Insure that the Department of Envi-ronmental Quality is able to submit anapprovable air quality maintenance plan forthe Portland area through the year 2006 tothe Environmental Protection Agency assoon as possible so that area can again bedesignated as an attainment area and imped-iments to industrial growth imposed in theClean Air Act can be removed.

(4) Direct the Environmental QualityCommission to use existing authority to in-corporate the following programs for emis-sion reduction credits into the air qualitymaintenance plan for the Portland area:

(a) California or United States Environ-mental Protection Agency emission standardsfor new lawn and garden equipment sold inthe Portland area.

(b) Transportation-efficient land use re-quirements of the transportation planningrule adopted by the Land Conservation andDevelopment Commission.

(c) Improvements in the vehicle inspec-tion program as authorized in ORS 468A.350to 468A.400, including emission reductionfrom on-road vehicles resulting from en-hanced testing, elimination of exemptions for1974 and later model year vehicles, and ex-pansion of inspection program boundaries.

(d) An employer trip reduction programthat provides an emission reduction from on-road vehicles.

(e) A parking ratio program that limitsthe construction of new parking spaces foremployment, retail and commercial locations.

(f) Emission reductions resulting fromany new federal motor vehicle fuel tax.

(g) State and federal alternative fuel ve-hicles fleet programs that result in emissionreductions.

(h) Installation of maximum achievablecontrol technology by major sources of haz-ardous air pollutants as required by the fed-eral Clean Air Act, as amended, resulting inemission reductions.

(i) As a safety margin, or as a substitutein whole or in part for other elements of theplan, emission reductions resulting from anynew state gasoline tax or for any new vehicleregistration fee that allows use of revenuefor air quality improvement purposes. [1993c.791 §2]

Note: 468A.363 was added to and made a part of468A.350 to 468A.400 by legislative action but was notadded to any smaller series therein. See Preface to Or-egon Revised Statutes for further explanation.

468A.365 Certification of motor vehiclepollution control systems and inspectionof motor vehicles; rules. The Environ-mental Quality Commission shall:

(1) Determine and adopt by rule criteriafor certification of motor vehicle pollutioncontrol systems. In determining the criteriathe commission shall consider the following:

(a) The experience of any other state orthe federal government;

(b) The cost of the system and of its in-stallation;

(c) The durability of the system;(d) The ease of determining whether the

system, when installed on a motor vehicle, isfunctioning properly; and

(e) Any other factors which, in the opin-ion of the commission, render such a systemsuitable for the control of motor vehicle airpollution or for the protection of the health,safety and welfare of the public.

(2) Prescribe by rule the manner inwhich a motor vehicle pollution control sys-tem shall be tested for certification. Therules may prescribe a more rigorous inspec-tion procedure in the areas designated underORS 815.300 (2)(a), including any expansionof such boundary under ORS 815.300 (2)(b),in order to reduce air pollution emissions inthose areas of the state. No such rule shallrequire testing for certification more oftenthan once during the period for which regis-tration or renewal of registration for a motorvehicle is issued. No rule shall require test-ing for certification of a motor vehicle thatis exempted from the requirement for certi-fication under ORS 815.300.

(3) Issue certificates of approval forclasses of motor vehicle pollution controlsystems which, after being tested by thecommission or by a method acceptable to thecommission, the commission finds meet thecriteria adopted under subsection (1) of thissection.

(4) Designate by rule classifications ofmotor vehicles for which certified systemsare available.

(5) Revoke, suspend or restrict a certif-icate of approval previously issued upon adetermination that the system no longermeets the criteria adopted under subsection(1) of this section pursuant to procedures fora contested case under ORS chapter 183.

(6) Designate suitable methods and stan-dards for testing systems and inspecting mo-tor vehicles to determine and insurecompliance with the standards and criteriaestablished 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 withoutthe state. [Formerly 468.375; 1993 c.791 §3]

468A.370 Cost-effective inspection pro-gram; contracts for inspections. The En-vironmental Quality Commission shalldetermine the most cost-effective method ofconducting a motor vehicle pollution controlsystem inspection program as required byORS 468A.365. Upon finding that savings tothe public and increased efficiency would re-sult and the quality of the program would beadequately maintained, the commission maycontract with a unit of local government orwith a private individual, partnership or cor-poration authorized to do business in theState of Oregon, for the performance of testsor other services associated with conductinga motor vehicle pollution control system in-spection program. [Formerly 468.377]

468A.375 Notice to state agencies con-cerning certifications. The Department ofEnvironmental Quality shall notify the De-partment of Transportation and the OregonState Police whenever certificates of ap-proval for motor vehicle pollution controlsystems are approved, revoked, suspended orrestricted by the Environmental QualityCommission. [Formerly 449.963 and then 468.380]

468A.380 Licensing of personnel andequipment; certification of motor vehi-cles; rules. (1) The Environmental QualityCommission by rule may:

(a) Establish criteria and examinationsfor the qualification of persons eligible toinspect motor vehicles and motor vehiclepollution control systems and execute thecertificates described under ORS 815.310, andfor the procedures to be followed in such in-spections.

(b) Establish criteria and examinationsfor the qualification of equipment, apparatusand methods used by persons to inspect mo-tor vehicles and motor vehicle pollution con-trol systems.

(c) Establish criteria and examinationsfor the testing of motor vehicles.

(2) Subject to rules of the commission,the Department of Environmental Qualityshall:

(a) Issue licenses to any person, type ofequipment, apparatus or method qualifiedpursuant to subsection (1) of this section.

(b) Revoke, suspend or modify licensesissued pursuant to paragraph (a) of this sub-section in accordance with the provisions ofORS chapter 183 relating to contested cases.

(c) Issue certificates of compliance formotor vehicles which, after being tested inaccordance with the rules of the commission,meet the criteria established under subsec-tion (1) of this section and the standards

adopted pursuant to ORS 468A.350 to468A.385 and 468A.400. [Formerly 468.390]

468A.385 Determination of complianceof motor vehicles. (1) The EnvironmentalQuality Commission shall establish andmaintain procedures and programs for deter-mining whether motor vehicles meet theminimum requirements necessary to securea certificate under ORS 815.310.

(2) Such procedures and programs in-clude, but are not limited to, the installationof a certified system and the adjustment,tune-up, or other mechanical work performedon the motor vehicle in accordance with therequirements of the commission. [Formerly468.395]

468A.387 Operating schedules for test-ing stations. (1) The Department of Envi-ronmental Quality shall establish flexibleweekday operating schedules for testingstations that conduct motor vehicle pollutioncontrol system inspections described underORS 468A.365 that extend the hours of oper-ation beyond 5 p.m. for some testing stationsfor some days of the week.

(2) After determining the hours of opera-tion for testing stations under subsection (1)of this section, the department shall adver-tise the hours of operation in as many waysas practicable, including but not limited to:

(a) Enclosing information about thehours of operation in all mailings and noticesrelated to motor vehicle emission testing andmotor vehicle registration renewal notices;

(b) Posting the hours of operation at De-partment of Transportation field offices;

(c) Broadcasting public service an-nouncements; and

(d) Using appropriate Internet and otherelectronic media services that may be avail-able. [1999 c.475 §2; 2009 c.551 §1]

468A.390 Designation of areas of thestate subject to motor vehicle emissioninspection program; rules. (1) If the needfor a motor vehicle pollution control systeminspection program is identified for an areain the State of Oregon Clean Air Act Imple-mentation Plan, then the EnvironmentalQuality Commission, by rule, shall designateboundaries, in addition to the areas specifiedin ORS 815.300 (2)(a) and (b), within whichmotor vehicles are subject to the require-ment under ORS 815.300 to have a certificateof compliance issued under ORS 468A.380 tobe registered or have the registration of thevehicle renewed.

(2) Whenever the Environmental QualityCommission designates boundaries under thissection within which vehicles are subject tothe requirements of ORS 815.300, the com-mission shall notify the Department of



Transportation and shall provide the Depart-ment of Transportation with informationnecessary to perform the Department ofTransportation′s duties under ORS 815.300.[Formerly 468.397]

468A.395 Bond or letter of credit;remedy against person licensed underORS 468A.380; cancellation of license. (1)Any person licensed to issue certificates ofcompliance pursuant to ORS 468A.380 shallfile with the Department of EnvironmentalQuality a surety bond or an irrevocable let-ter of credit issued by an insured institution,as defined in ORS 706.008. The bond or letterof credit shall be executed to the State ofOregon in the sum of $1,000. It shall be ap-proved as to form by the Attorney General,and shall be conditioned that inspections andcertifications will be made only by personswho meet the qualifications fixed by the En-vironmental Quality Commission and will bemade without fraud or fraudulent represen-tations and without violating any of the pro-visions 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 thata person may have, if any person suffers anyloss or damage by reason of the fraud,fraudulent representations or violation ofany of the provisions of ORS 468A.350 to468A.400, 815.295, 815.300, 815.310, 815.320and 815.325 by a person licensed pursuant toORS 468A.380, the injured person has theright of action against the business employ-ing such licensed person and a right of ac-tion in the person′s own name against thesurety upon the bond or the letter of creditissuer.

(3) The license issued pursuant to ORS468A.380 of any person whose bond is can-celed by legal notice shall be canceled im-mediately by the department. If the licenseis not renewed or is voluntarily or involun-tarily canceled, the sureties of the bond orthe letter of credit issuers shall be relievedfrom liability accruing subsequent to suchcancellation by the department. [Formerly468.400; 1997 c.631 §480]

468A.400 Fees; collection; use. (1) TheDepartment of Environmental Quality shall:

(a) Establish and collect fees for applica-tion, examination and licensing of persons,equipment, apparatus or methods in accor-dance with ORS 468A.380 and within thefollowing limits:

(A) The fee for licensing shall not exceed$5.

(B) The fee for renewal of licenses shallnot exceed $1.

(b) Establish fees for the issuance of cer-tificates of compliance. The department mayclassify motor vehicles and establish a dif-

ferent fee for each such class. The fee for theissuance of certificates shall be establishedby the Environmental Quality Commission inan amount based upon the costs of adminis-tering this program. Before establishing thefees, the commission shall determine themost cost effective program consistent withClean Air Act requirements for each area ofthe state pursuant to ORS 468A.370.

(2) The department shall collect the feesestablished pursuant to subsection (1)(b) ofthis section at the time of the issuance ofcertificates of compliance as required byORS 468A.380 (2)(c).

(3) On or before the 15th day of eachmonth, the commission shall pay into theState Treasury all moneys received as feespursuant to subsections (1) and (2) of thissection during the preceding calendar month.The State Treasurer shall credit such moneyto the Department of Environmental QualityMotor Vehicle Pollution Account, which ishereby created. The moneys in the Depart-ment of Environmental Quality Motor Vehi-cle Pollution Account are continuouslyappropriated to the department to be used bythe department solely or in conjunction withother state agencies and local units of gov-ernment for:

(a) Any expenses incurred by the depart-ment and, if approved by the Governor, anyexpenses incurred by the Department ofTransportation in the certification, examina-tion, inspection or licensing of persons,equipment, apparatus or methods in accor-dance with the provisions of ORS 468A.380and 815.310.

(b) Such other expenses as are necessaryto study traffic patterns and to inspect, reg-ulate and control the emission of pollutantsfrom motor vehicles in this state.

(4) The Department of EnvironmentalQuality may enter into an agreement withthe Department of Transportation to collectthe licensing and renewal fees described insubsection (1)(a) of this section subject to thefees being paid and credited as provided insubsection (3) of this section. [Formerly 468.405;1993 c.18 §122; 1993 c.791 §4]

468A.405 Authority to limit motor ve-hicle operation and traffic; rules. The En-vironmental Quality Commission andregional air pollution control authorities or-ganized pursuant to ORS 448.305, 454.010 to454.040, 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 operationand traffic as necessary for the control of airpollution which presents an imminent andsubstantial endangerment to the health ofpersons. [Formerly 449.747 and then 468.410]



468A.410 Administration and enforce-ment of rules adopted under ORS468A.405. Cities, counties, municipal corpo-rations and other agencies, including theDepartment of State Police and the Depart-ment of Transportation, shall cooperate withthe Environmental Quality Commission andregional air pollution control authorities inthe administration and enforcement of theterms of any rule adopted pursuant to ORS468A.405. [Formerly 449.751 and then 468.415]

468A.415 Legislative findings. The Leg-islative Assembly finds that extending addi-tional statewide controls and fees onindustrial and motor vehicle sources of airpollution may not be sufficient to attain andmaintain desired air quality standards in thePortland-Vancouver air quality maintenancearea. Additional approaches are needed toaddress growth in vehicle miles of travel thatsatisfy mobility needs and allow for economicgrowth while meeting the air quality goalsfor the region. [1991 c.752 §13]

468A.420 Oxygenated motor vehiclefuels; when required by rule. (1) The En-vironmental Quality Commission shall adoptrules consistent with section 211 of theClean Air Act to require oxygenated motorvehicle fuels to be used in any carbonmonoxide nonattainment area in the state.

(2) The rules adopted under subsection(1) of this section shall require:

(a) Oxygenated fuels to be used duringany portion of the year during which thenonattainment area is prone to high ambientconcentrations of carbon monoxide.

(b) The use of oxygenated fuels in carbonmonoxide nonattainment areas on or beforeNovember 1, 1992.

(3) An oxygenated fuel shall contain 2.7percent or more oxygen by weight. Methodsto achieve this requirement may include butneed not be limited to the use of ethanolblends. [1991 c.752 §13b]

468A.425 [1991 c.752 §14; repealed by 1995 c.79 §284]468A.430 [1991 c.752 §14a; repealed by 1995 c.79

§284]468A.435 [1991 c.752 §14b; repealed by 1995 c.79

§284]468A.440 [1991 c.752 §14c; repealed by 1995 c.79 §284]468A.445 [1991 c.752 §14d; repealed by 1995 c.79

§284]468A.450 [1991 c.752 §14e; repealed by 1995 c.79 §284]

468A.455 Police enforcement. The Ore-gon State Police, the county sheriff and mu-nicipal police are authorized to use suchreasonable force as is required in the en-forcement of any rule adopted pursuant toORS 468A.405 and may take such reasonablesteps as are required to assure compliancetherewith, including but not limited to:

(1) Locating appropriate signs and signalsfor detouring, prohibiting and stopping motorvehicle traffic; and

(2) Issuing warnings or citations.[Formerly 449.753 and then 468.420]

SOLID FUEL BURNING DEVICES468A.460 Policy. In the interest of the

public health and welfare it is the policy ofthe State of Oregon to control, reduce andprevent air pollution caused by solid fuelburning devices. The Legislative Assemblydeclares that it is also the policy of the Stateof Oregon to reduce solid fuel burning deviceemissions by encouraging the Department ofEnvironmental Quality to continue efforts toeducate the public about the air quality ef-fects of those emissions, by ensuring thatsolid fuel burning devices used in Oregonmeet emission performance standards estab-lished under ORS 468A.465 and by ensuringcompliance with ORS 468A.460 to 468A.515.[Formerly 468.630; 2009 c.387 §1]

468A.465 Certification requirementsfor new solid fuel burning devices; rules.(1) A person may not advertise to sell, offerto sell or sell a new solid fuel burning devicein Oregon unless, pursuant to rules adoptedby the Environmental Quality Commission,the Department of Environmental Qualitycertifies that the device meets emission per-formance standards, certification labelingstandards and all other requirements setforth in rules adopted by the commission.Before adopting emission performance stan-dards under this section, the commissionshall consider any emission performancestandards proposed or adopted by the UnitedStates Environmental Protection Agency.

(2) In addition to devices certified undersubsection (1) of this section, the departmentmay certify new solid fuel burning devicesthat have been certified by the United StatesEnvironmental Protection Agency pursuantto:

(a) 40 C.F.R. part 60, subpart AAA, as ineffect on the date the commission first adoptsrules under subsection (1) of this section; or

(b) Any equivalent or more stringentstandard adopted by the United States Envi-ronmental Protection Agency subsequent tosuch date. [Formerly 468.635; 2009 c.387 §2]


Sec. 3. Until the Environmental Quality Commis-sion first adopts rules pursuant to ORS 468A.465 asamended by section 2 of this 2009 Act, a person mayadvertise to sell, offer to sell or sell a new solid fuelburning device in Oregon that has been certified to meetemission performance standards adopted by the com-mission pursuant to ORS chapter 468A that are in effecton the effective date of this 2009 Act [January 1, 2010].[2009 c.387 §3]



468A.467 Prohibition on burning cer-tain materials in solid fuel burning de-vices. A person may not cause or allow anyof the following materials to be burned in asolid fuel burning device, a masonry heater,a pellet stove, a trash burner or any devicedescribed in ORS 468A.485 (4)(b):

(1) Garbage;(2) Treated wood;(3) Plastic or plastic products;(4) Rubber or rubber products;(5) Animal carcasses;(6) Products that contain asphalt;(7) Waste petroleum products;(8) Paint;(9) Chemicals;(10) Paper or paper products, except for

paper used to kindle a fire; or(11) Any other materials described in

rules adopted by the commission. [2009 c.387§6]

468A.470 [Formerly 468.640; repealed by 2009 c.387§20]

468A.475 [Formerly 468.650; repealed by 2009 c.387§20]

468A.480 [Formerly 468.655; 1993 c.742 §75; repealedby 2009 c.387 §20]


(1) “Masonry heater” has the meaninggiven that term in the American Society forTesting and Materials (ASTM) E1602-03,Standard Guide for Construction of SolidFuel Burning Masonry Heaters, as in effecton January 1, 2010, or the meaning giventhat term by rule of the EnvironmentalQuality Commission.

(2) “Pellet stove” means a heating devicethat uses wood pellets, or other biomass fuelsdesigned for use in pellet stoves, as its pri-mary source of fuel.

(3) “Residential structure” has the mean-ing given that term in ORS 701.005.

(4)(a) “Solid fuel burning device” meansany device that burns wood, coal or othernongaseous or nonliquid fuels for aesthetic,space-heating or water-heating purposes in aprivate residential structure or a commercialestablishment and that has a heat output ofless than one million British thermal unitsper hour.

(b) “Solid fuel burning device” does notinclude:

(A) Masonry fireplaces built onhomesites, or factory-built fireplaces, thatare designed to be used with an open com-bustion chamber, that are without featuresto control air-to-fuel ratios and that meet

minimum emission performance standardsadopted by the commission, or all masonryfireplaces and factory-built fireplaces if thecommission does not adopt any standards;

(B) Woodstoves built before 1940 thathave an ornate construction and a currentmarket value substantially higher than acommon woodstove manufactured during thesame period;

(C) Pellet stoves that meet minimumemission performance standards adopted bythe commission, or all pellet stoves if thecommission does not adopt any standards;

(D) Masonry heaters that meet minimumemission performance standards adopted bythe commission, or all masonry heaters if thecommission does not adopt any standards;

(E) Central, wood-fired furnaces that areindoors, ducted and thermostatically con-trolled, that have a dedicated cold air inletand a dedicated hot air outlet that connectto the heating ductwork for the entire resi-dential structure and that meet minimumemission performance standards adopted bythe commission, or all central, wood-firedfurnaces if the commission does not adoptany standards; and

(F) Other solid fuel burning devicesidentified in rules adopted by the commis-sion.

(5)(a) “Trash burner” means any equip-ment that is used to dispose of waste byburning.

(b) “Trash burner” does not include anair contamination source that has been is-sued an air quality permit as described inORS 468A.040.

(6) “Treated wood” means wood of anyspecies that has been chemicallyimpregnated, painted or similarly modified toprevent weathering and deterioration. [1991c.752 §8a; 2009 c.387 §4]

468A.490 Residential Solid Fuel Heat-ing Air Quality Improvement Fund; uses.(1) There is established within the StateTreasury a fund known as the ResidentialSolid Fuel Heating Air Quality ImprovementFund, separate and distinct from the GeneralFund.

(2) All moneys appropriated or receivedas gifts or grants for the purposes of thissection shall be credited to the ResidentialSolid Fuel Heating Air Quality ImprovementFund.

(3) The State Treasurer may invest andreinvest the moneys in the fund as providedin ORS 293.701 to 293.820. Interest from themoneys deposited in the fund and earningsfrom investment of the moneys in the fundshall accrue to the fund.



(4) All moneys in the fund are contin-uously appropriated to the Department ofEnvironmental Quality to:

(a) Pay all costs incurred by the depart-ment for evaluating projects and programs,including projects and programs proposed bylocal communities or qualifying organiza-tions, for project management and oversightof funds awarded for projects and programsselected in accordance with this section andfor documenting the benefit to air qualityfrom such projects;

(b) Fund the program established undersubsection (5) of this section;

(c) Fund activities to enhance enforce-ment of ORS 468A.460 to 468A.515;

(d) Fund public education programs re-lated to compliance with ORS 468A.460 to468A.515; and

(e) Fund public education programs re-lated to the benefits of the use of solid fuelburning devices certified pursuant to ORS468A.460 to 468A.515.

(5) The department shall use moneysavailable under subsection (4) of this sectionto establish a program designed to reduce theemission of air contaminants by providinggrants, loans or other subsidies for the re-placement or removal of solid fuel burningdevices that were not certified by the de-partment pursuant to ORS 468A.465. In addi-tion to any other requirements establishedby rules adopted by the EnvironmentalQuality Commission, the program shall pro-vide that:

(a) All forms of new high-efficiency, lowair contaminant-emitting heating systems areallowed, except vent-free heating appliances;

(b) Any solid fuel burning device removedunder the program must be destroyed;

(c) Any replacement device selected un-der the program must be installed in con-formance with building code requirementsand the manufacturer′s specifications includ-ing but not limited to venting specifications;and

(d) To be eligible, program participantsshall participate in any home energy auditprogram provided at no charge to the home-owner and shall obtain all information avail-able regarding subsidies for cost-effectiveweatherization. The department shall makethe information required in this subsectionreadily available to program participants.

(6) The department may enter into anagreement with a local government or a re-gional authority in order to implement theprogram established under subsection (5) ofthis section. [1991 c.752 §10; 2009 c.387 §7]

468A.495 Prohibition on installation ofused solid fuel burning devices; excep-tions; rules. (1) The state building code un-der ORS 455.010 shall prohibit installationsof used solid fuel burning devices, except de-vices that were certified for sale as new:

(a) By the United States EnvironmentalProtection Agency pursuant to 40 C.F.R. part60, subpart AAA; or

(b) By the Department of EnvironmentalQuality pursuant to ORS 468A.465.

(2) Notwithstanding subsection (1) of thissection, if pursuant to ORS 468A.465 the En-vironmental Quality Commission adopts morestringent standards than those described insubsection (1) of this section for the certi-fication of new solid fuel burning devices,the commission by rule may prohibit the in-stallation of some or all used solid fuelburning devices certified for sale as new un-der less stringent standards if:

(a) The used solid fuel burning deviceswere manufactured at least 15 years prior tothe date on which the commission adoptsmore stringent standards; or

(b) The used solid fuel burning devicesare located in a nonattainment area in thisstate that does not attain compliance withstandards for particulate matter establishedby the commission pursuant to ORS468A.025. [1991 c.752 §10a; 2009 c.387 §8]

468A.500 Prohibition on sale of non-certified solid fuel burning devices; rules.(1) A person may not advertise for sale, offerto sell or sell, within this state, a used solidfuel burning device unless the device wascertified for sale as new:


(b) By the Department of EnvironmentalQuality pursuant to ORS 468A.465.

(2) Notwithstanding subsection (1) of thissection, if pursuant to ORS 468A.465 the En-vironmental Quality Commission adopts morestringent standards than those described insubsection (1) of this section for the certi-fication of new solid fuel burning devices,the commission by rule may prohibit the ad-vertisement for sale, offer to sell or sale ofsome or all used solid fuel burning devicescertified for sale as new under less stringentstandards if:

(a) The used solid fuel burning deviceswere manufactured at least 15 years prior tothe date on which the commission adoptsmore stringent standards; or

(b) The used solid fuel burning devicesare located in a nonattainment area in thisstate that does not attain compliance withstandards for particulate matter established



by the commission pursuant to ORS468A.025. [1991 c.752 §10b; 2009 c.387 §9]

468A.505 Removal. After December 31,1994, all woodstoves, other than cookstoves,not certified for sale as new on or after July1, 1986, under ORS 468A.480 (1) shall be re-moved and destroyed upon sale of a home inany PM10 nonattainment area in the statethat does not attain compliance with thePM10 standard established by the Environ-mental Quality Commission under ORS468A.025 by December 31, 1994. [1991 c.752 §10c]

Note: 468A.480 was repealed by section 20, chapter387, Oregon Laws 2009. The text of 468A.505, operativeuntil August 1, 2010, was not amended by enactment ofthe Legislative Assembly to reflect the repeal.

Note: The amendments to 468A.505 by section 10,chapter 387, Oregon Laws 2009, become operative Au-gust 1, 2010. See section 11, chapter 387, Oregon Laws2009. The text that is operative on and after August 1,2010, is set forth for the user′s convenience.

468A.505. (1) In connection with the sale of a resi-dential structure, all used solid fuel burning devices,other than cookstoves, in the residential structure oron the real property sold with the residential structure,must be removed and destroyed unless the solid fuelburning devices were certified for sale as new:

(a) By the United States Environmental ProtectionAgency pursuant to 40 C.F.R. part 60, subpart AAA; or

(b) By the Department of Environmental Qualitypursuant to ORS 468A.465.

(2) Notwithstanding subsection (1) of this section,if pursuant to ORS 468A.465 the Environmental QualityCommission adopts more stringent standards than thosedescribed in subsection (1) of this section for the certi-fication of new solid fuel burning devices, the commis-sion by rule may require the removal and destructionof some or all used solid fuel burning devices certifiedfor sale as new under less stringent standards if:

(a) The used solid fuel burning devices were man-ufactured at least 15 years prior to the date on whichthe commission adopts more stringent standards; or

(b) The used solid fuel burning devices are locatedin a nonattainment area in this state that does not at-tain compliance with standards for particulate matterestablished by the commission pursuant to ORS468A.025.

(3) This section does not apply to:

(a) Masonry heaters;

(b) Masonry fireplaces described in ORS 468A.485(4)(b)(A); and

(c) Central, wood-fired furnaces described in ORS468A.485 (4)(b)(E).

(4) The removal and destruction of a used solid fuelburning device under this section is the responsibilityof the seller of the residential structure, unless theseller and buyer agree in writing that it is the buyer′sresponsibility. If the seller retains responsibility, theseller shall remove and destroy the device prior to theclosing date of the sale of the residential structure. Ifthe buyer accepts responsibility, the buyer shall removeand destroy the device within 30 days after the closingdate of the sale of the residential structure.

(5) The person responsible for removal and de-struction of a used solid fuel burning device under thissection shall provide to the department written confir-mation of the removal and destruction, pursuant torules adopted by the commission.

(6) The failure of a seller or buyer of a residentialstructure to comply with this section does not invalidatean instrument of conveyance executed in the sale.

468A.510 [1991 c.752 §10d; repealed by 2009 c.387§20]

468A.515 Residential solid fuel heatingcurtailment program requirements; ex-emptions; rules. (1) If a local governmentor regional authority has not adopted or isnot adequately implementing a curtailmentprogram in any area of the state where sucha program is required under the Clean AirAct, the Environmental Quality Commissionmay adopt by rule, and the Department ofEnvironmental Quality may operate and en-force, a program to curtail residential solidfuel heating during periods of air stagnationas described in subsection (2) of this section.The department shall suspend operation andenforcement of a program adopted under thissubsection upon a determination by the de-partment that the local government or re-gional authority has adopted and isadequately implementing the requiredcurtailment program.

(2) Any programs adopted by the com-mission pursuant to subsection (1) of thissection to curtail residential solid fuel heat-ing during periods of air stagnation shallprovide for two stages of curtailment basedon the severity of projected air quality con-ditions. Except as provided in subsection (4)of this section, the programs shall apply toall heating by means of solid fuel, includingbut not limited to solid fuel burning devices,masonry heaters, pellet stoves, trash burnersand all devices described in ORS 468A.485(4)(b). The programs shall provide that useof a solid fuel burning device, masonry fire-place or other solid fuel burning deviceidentified in rules adopted by the commissionbe curtailed only at the more severe stage ofprojected air quality if the solid fuel burningdevice, masonry fireplace or other solid fuelburning device identified in rules adopted bythe commission was certified for sale as new:


(b) By the department pursuant to ORS468A.465.

(3) Notwithstanding subsection (2) of thissection, if pursuant to ORS 468A.465 thecommission adopts more stringent standardsthan those described in subsection (2) of thissection for the certification of new solid fuelburning devices, the commission by rule mayrequire curtailment during the less severestage of projected air quality of some or allsolid fuel burning devices certified for saleas new under less stringent standards if:

(a) The solid fuel burning devices weremanufactured at least 15 years prior to the



date on which the commission adopts morestringent standards; or

(b) The solid fuel burning devices are lo-cated in a nonattainment area in this statethat does not attain compliance with stan-dards for particulate matter established bythe commission pursuant to ORS 468A.025.

(4) Programs adopted by the commissionto curtail residential solid fuel heating dur-ing periods of air stagnation do not apply to:

(a) A person who is classified at less thanor equal to 125 percent of poverty level pur-suant to guidelines established by the com-mission taking into account federal povertyguidelines;

(b) A person whose residence is equippedsolely with a solid fuel burning device thatmeets any additional requirements as de-scribed in rules adopted by the commission;and

(c) Pellet stoves, unless the pellet stoveis located in a nonattainment area in thisstate that does not attain compliance withstandards for particulate matter establishedby the commission pursuant to ORS468A.025. [1991 c.752 §11; 2009 c.387 §12]

468A.520 [1991 c.752 §21; repealed by 2009 c.387 §20]

FIELD BURNING AND PROPANE FLAMING

468A.550 Definitions for ORS 468A.550to 468A.620 and 468A.992. As used in ORS468A.550 to 468A.620 and 468A.992:

(1) “Field burning” and “open field burn-ing” do not include:

(a) Propane flaming of mint stubble; or(b) Stack or pile burning of residue from

Christmas trees as defined in ORS 571.505.(2) “Research and development of alter-

natives to field burning” includes, but is notlimited to, projects concerned with culturalpractices for producing grass seed withoutfield burning, environmental impacts of al-ternative seed production methods, strawmarketing and utilization and alternativecrops.

(3) “Smoke management” means the dailycontrol of the conducting of open field burn-ing to such times and places and in suchamounts so as to provide for the escape ofsmoke and particulate matter therefrom intothe atmosphere with minimal intrusion intocities and minimal impact on public healthand in such a manner that under existingmeteorological conditions a maximum num-ber of acres registered can be burned in aminimum number of days without substantialimpairment of air quality.

(4) “Smoke management program” meansa plan or system for smoke management. A

smoke management program shall include,but not be limited to, provisions for:

(a) Annual inventorying and registering,prior to the burning season, of agriculturalfields for open field burning;

(b) Preparation and issuance of open fieldburning permits by affected governmentalagencies;

(c) Gathering and disseminating regionaland sectional meteorological conditions on adaily or hourly basis;

(d) Scheduling times, places and amountsof agricultural fields that may be openburned daily or hourly, based on meteorolog-ical conditions during the burning season;

(e) Conducting surveillance and gather-ing and disseminating information on a dailyor more frequent basis;

(f) Effective communications between af-fected personnel during the burning season;and

(g) Employment of personnel to conductthe program. [Formerly 468.453; 1997 c.473 §3; 1999c.439 §2; 2001 c.70 §1; 2007 c.799 §5]

468A.555 Policy to reduce open fieldburning. The Legislative Assembly declaresit to be the public policy of this state to re-duce the practice of open field burning whiledeveloping and providing alternative methodsof field sanitization and alternative methodsof utilizing and marketing crop residues.[1991 c.920 §3]

468A.560 Applicability of open fieldburning, propane flaming and stack andpile burning statutes. Except for the feeimposed under ORS 468A.615 (1)(c), the pro-visions of ORS 468A.550 to 468A.620 and468A.992 shall apply only to open field burn-ing, propane flaming and stack or pile burn-ing of grass seed crop residues or cerealgrain crop residues on acreage located inMultnomah, Washington, Clackamas, Mar-ion, Polk, Yamhill, Linn, Benton and LaneCounties. [1991 c.920 §2; 1997 c.473 §4; 2009 c.692 §1]

468A.565 Use of certified alternativethermal field sanitizer. Notwithstandingany provision of ORS 468A.550 to 468A.620and 468A.992, any acreage sanitized by theuse of an alternative thermal field sanitizercertified by the Environmental Quality Com-mission and the Director of Agriculture shallbe exempt from the provisions of ORS468A.550 to 468A.620 and 468A.992. [1991 c.920§5]

468A.570 Classification of atmosphericconditions; marginal day. (1) As used inthis section:

(a) “Marginal conditions” means atmo-spheric conditions such that smoke andparticulate matter escape into the upper at-mosphere with some difficulty but not such



that limited additional smoke and particulatematter would constitute a danger to thepublic health and safety.

(b) “Marginal day” means a day on whichmarginal conditions exist.

(2) For purposes of ORS 476.380 and478.960, the Environmental Quality Commis-sion shall classify different types or combi-nations of atmospheric conditions asmarginal conditions and shall specify the ex-tent and types of burning that may be al-lowed under different combinations ofatmospheric conditions. A schedule describ-ing the types and extent of burning to bepermitted on each type of marginal day shallbe prepared and circulated to all publicagencies responsible for providing informa-tion and issuing permits under ORS 476.380and 478.960. The schedule shall give firstpriority to the burning of perennial grassseed crops used for grass seed production,second priority to annual grass seed cropsused for grass seed production, third priorityto grain crop burning, and fourth priority toall other burning and shall prescribe dura-tion of periods of time during the day whenburning is authorized.

(3) In preparing the schedule under sub-section (2) of this section, the commissionshall provide for the assignment of fourthpriority burning by the State Department ofAgriculture in accordance with the memo-randum of understanding established pursu-ant to ORS 468A.585.

(4) In preparing the schedule requiredunder subsection (2) of this section, thecommission shall weigh the economic conse-quences of scheduled burnings and the feasi-bility of alternative actions, and shallconsider weather conditions and other fac-tors necessary to protect the public healthand welfare.

(5) None of the functions of the commis-sion under this section or under ORS 476.380or 478.960, as it relates to agricultural burn-ing, shall be performed by any regional airquality control authority established underORS 468A.105. [1991 c.920 §6]

468A.575 Permits for open burning,propane flaming or stack or pile burning;rules. (1) Permits for open burning, propaneflaming or stack or pile burning of the resi-due from perennial grass seed crops, annualgrass seed crops and cereal grain crops arerequired in the counties listed in ORS468A.560. Permits shall be issued in accor-dance with rules adopted by the Environ-mental Quality Commission and subject tothe fee prescribed in ORS 468A.615. The per-mit described in this section shall be issuedin conjunction with permits required underORS 476.380 or 478.960.

(2) By rule the Environmental QualityCommission may delegate to any countycourt, board of county commissioners, firechief of a rural fire protection district orother responsible person the duty to deliverpermits to burn acreage if the acreage hasbeen registered under ORS 468A.615 and feeshave been paid as required in ORS 468A.615.[1991 c.920 §7; 2009 c.692 §2]

468A.580 Permits; inspections; plant-ing restrictions; civil penalty. (1) Permitsunder ORS 468A.575 for open field burningof cereal grain crops shall be issued in thecounties listed in ORS 468A.560 only if theperson seeking the permit submits to the is-suing authority a signed statement underoath or affirmation that the acreage to beburned will be planted to seed crops otherthan cereal grains which require flame sani-tation for proper cultivation.

(2) The Department of EnvironmentalQuality shall inspect cereal grain crop acre-age burned under subsection (1) of this sec-tion after planting in the following spring todetermine compliance with subsection (1) ofthis section.

(3) Any person planting contrary to therestrictions of subsection (1) of this sectionshall be assessed by the department a civilpenalty of $25 for each acre planted contraryto the restrictions. Any fines collected by thedepartment under this subsection shall bedeposited by the State Treasurer in the De-partment of Agriculture Service Fund to beused in carrying out the smoke managementprogram in cooperation with the OregonSeed Council and for administration of thissection.

(4) Any person planting seed crops afterburning cereal grain crops under subsection(1) of this section may apply to the depart-ment for permission to plant contrary to therestrictions of subsection (1) of this sectionif the seed crop fails to grow. The depart-ment may allow planting contrary to the re-strictions of subsection (1) of this section ifthe crop failure occurred by reasons otherthan the negligence or intentional act of theperson planting the crop or one under thecontrol of the person planting the crop. [1991c.920 §8; 2009 c.692 §3]

468A.585 Memorandum of understand-ing with State Department of Agricul-ture. (1) The Environmental QualityCommission shall enter into a memorandumof understanding with the State Departmentof Agriculture that provides for the StateDepartment of Agriculture to operate all ofthe field burning program.

(2) Subject to the terms of the memoran-dum of understanding required by subsection(1) of this section, the State Department ofAgriculture:



(a) May perform any function of the En-vironmental Quality Commission or the De-partment of Environmental Quality relatingto the operation and enforcement of the fieldburning smoke management program, exceptfor making findings pursuant to ORS468A.610 (10) and (11).

(b) May enter onto and inspect, at anyreasonable time, the premises and fields ofany person registered under ORS 468A.615for an open field burn, propane flaming orstack or pile burning to ascertain compliancewith a statute, rule, standard or permit con-dition relating to the field burning smokemanagement program.

(c) May conduct a program for the re-search and development of alternatives tofield burning. [1991 c.920 §4; 1995 c.358 §3; 2001 c.70§2; 2009 c.692 §4]

468A.590 Duties of State Departmentof Agriculture. Pursuant to the memoran-dum of understanding established under ORS468A.585, the State Department of Agricul-ture:

(1) Shall:(a) Conduct the smoke management pro-

gram established by rule by the Environ-mental Quality Commission as it pertains toopen field burning, propane flaming andstack or pile burning.

(b) Aid fire districts and permit agents incarrying out their responsibilities for admin-istering field sanitization programs.

(c) Subject to available funding, conducta program for the research and developmentof alternatives to field burning.

(2) May:(a) Enter into contracts with public and

private agencies to carry out the purposesset forth in subsection (1) of this section;

(b) Obtain patents in the name of theState of Oregon and assign such rightstherein as the State Department of Agricul-ture considers appropriate;

(c) Employ personnel to carry out theduties assigned to it; and

(d) Sell and dispose of all surplus prop-erty of the State Department of Agriculturerelated to smoke management, including butnot limited to straw-based products producedor manufactured by the State Department ofAgriculture. [1991 c.920 §9; 2001 c.70 §3]

468A.595 Commission rules to regulateburning pursuant to ORS 468A.550 to468A.620. In order to regulate open fieldburning pursuant to ORS 468A.550 to468A.620:

(1) In such areas of the state and forsuch periods of time as it considers neces-sary to carry out the policy of ORS 468A.010,

the Environmental Quality Commission byrule may prohibit, restrict or limit classes,types and extent and amount of burning forperennial grass seed crops, annual grass seedcrops and grain crops.

(2) Before promulgating rules pursuant tosubsection (1) of this section, the commissionmay consult with Oregon State University,the United States Natural Resources Con-servation Service, or its successor agency,the Agricultural Stabilization Commission,the state Soil and Water Conservation Com-mission and other interested agencies. TheDepartment of Environmental Quality shalladvise the commission in the promulgationof such rules. The commission must reviewand show on the record the recommendationsof the department in promulgating suchrules.

(3) No regional air quality control au-thority shall have authority to regulateburning of perennial grass seed crops, annualgrass seed crops and grain crops.

(4) Any amendments to the State Imple-mentation Plan prepared by the state pursu-ant to the federal Clean Air Act, 42 U.S.C.7401 et seq., as in effect on July 14, 2009,shall be at least of such sufficiency as togain approval of the amendment by theUnited States Environmental ProtectionAgency. [Formerly 468.460; 1997 c.249 §163; 2009 c.692§5]

468A.597 Duty to dispose of straw.Unless otherwise specifically agreed by theparties, after straw is removed from thefields of the grower, the responsibility for thefurther disposition of the straw, includingburning or disposal, shall be upon the personwho bales or removes the straw. [1993 c.414 §2]

468A.600 Standards of practice andperformance. The Environmental QualityCommission shall establish standards ofpractice and performance for open fieldburning, propane flaming, stack or pile burn-ing and certified alternative methods to openfield burning. [1991 c.920 §10]

468A.605 Duties of Department of En-vironmental Quality. The Department ofEnvironmental Quality, in coordinating ef-forts under ORS 468.140, 468.150, 468A.020,468A.555 to 468A.620 and 468A.992, shall:

(1) Enforce all field burning rulesadopted by the Environmental Quality Com-mission and all related statutes; and

(2) Monitor and prevent unlawful fieldburning. [1991 c.920 §11; 1995 c.358 §4]

468A.610 Acreage permitted to be openburned, propane flamed or stack or pileburned; exceptions; fees; rules. (1) Exceptas provided under ORS 468A.620, no personshall open burn or cause to be open burned,



propane flamed or stack or pile burned in thecounties listed in ORS 468A.560, perennialor annual grass seed crop residue or cerealgrain crop residue, unless the acreage hasbeen registered under ORS 468A.615 and thepermits required by ORS 468A.575, 476.380and 478.960 have been obtained.

(2) The maximum total registered acreageallowed to be open burned per year pursuantto subsection (1) of this section shall be:

(a) For 2009, 20,000 acres.(b) For 2010 and thereafter, none.(3) The maximum total registered acreage

allowed to be stack or pile burned per yearunder subsection (1) of this section shall be:

(a) For 2009, 1,000 acres.(b) For 2010, 1,000 acres.(c) For 2011, 1,000 acres.(d) For 2012, 1,000 acres.(e) For 2013 and thereafter, none.(4) The maximum total registered acreage

allowed to be propane flamed per year undersubsection (1) of this section in the countieslisted in ORS 468A.560 shall be:

(a) For 2009, 500 acres.(b) For 2010, 500 acres.(c) For 2011, 500 acres.(d) For 2012, 500 acres.(e) For 2013 and thereafter, none.(5) Fields shall be prepared for propane

flaming by removing all loose straw or vacu-uming, or prepared using other techniquesapproved by rule by the commission, andpropane equipment shall satisfy best avail-able technology.

(6)(a) Notwithstanding the limitations setforth in subsection (2) of this section, steepterrain and species identified by the Directorof Agriculture by rule shall not be includedin the maximum total of permitted acreageset forth in subsection (2) of this section. Theadditional acreage allowed to be open burnedshall be 15,000 acres per year.

(b) Steep terrain and species identified bythe Director of Agriculture by rule may notbe open burned under the provisions of thissubsection in Benton and Lane Counties andin Linn County, except for portions of north-east Linn County that are east of Stayton-Scio Road and north of Highway 226, andportions of northeast Linn County that areeast of Richardson Gap Road and north ofFish Hatchery Drive.

(7) Acreage registered to be open burnedunder this section may be propane flamed atthe registrant′s discretion without reregis-tering the acreage.

(8) In the event of the registration ofmore than the maximum allowable acres foropen burning, propane flaming or stack orpile burning in the counties listed in ORS468A.560, the commission, after consultationwith the State Department of Agriculture, byrule or order may assign priority of permitsbased on soil characteristics, the crop type,terrain or drainage. In no event may permitsbe issued for more than the maximum acre-age listed in subsections (2), (3), (4) and (6)of this section.

(9) Permits shall be issued under ORS468A.575 and open burning, propane flamingand stack or pile burning shall be allowed forthe maximum acreage specified in subsec-tions (2), (3), (4) and (6) of this section unlessthe daily determination of suitability of me-teorological conditions, regional or local airquality conditions or other burning condi-tions requires that a maximum number ofacres not be burned on a given day.

(10) Upon a finding of danger to publichealth or safety, the commission may ordertemporary emergency cessation of all openfield burning, propane flaming and stack orpile burning in any area of the countieslisted in ORS 468A.560.

(11)(a) Notwithstanding subsection (8) ofthis section, the commission may by orderpermit emergency open burning, propaneflaming or stack or pile burning of up to2,000 acres each calendar year in addition tothe acreage allowed under subsections (2),(3), (4) and (6) of this section, if the commis-sion finds:

(A) Extreme hardship due to disease out-break or insect infestation, as identified bythe commission by rule, outweighs the dan-gers to public health and safety from emer-gency open burning, propane flaming orstack or pile burning;

(B) Authorization of additional acreagedoes not result in open burning, propaneflaming or stack or pile burning of moreacreage than required to address the emer-gency;

(C) Authorization of additional acreage islimited to the calendar year in which thecommission makes the required findings; and

(D) All emergency open burning, propaneflaming or stack or pile burning is otherwiseconsistent with ORS 468A.550 to 468A.620and rules adopted under ORS 468A.550 to468A.620.

(b) The commission by rule may assessfees for the acreage burned pursuant to thissubsection. All fees collected under this sub-section shall be deposited in the StateTreasury to the credit of the Department ofAgriculture Service Fund for the purposespecified in ORS 468A.615 (2).



(12) The commission shall act on any ap-plication for a permit under ORS 468A.575within 60 days of registration and receipt ofthe fee required under ORS 468A.615. [1991c.920 §12; 1995 c.358 §5; 2009 c.692 §6]

468A.612 Field burning prohibition incritical nonburn areas; rules. (1) Notwith-standing any other provision of ORS468A.550 to 468A.620, the EnvironmentalQuality Commission by rule may prohibitfield burning of grass seed crop residues orcereal grain crop residues in areas deter-mined by the commission to be critical non-burn areas. The prohibition may bepermanent or for a limited period of time.

(2) To ensure that the provision of elec-tricity services is not interrupted, the crit-ical nonburn areas described in subsection(1) of this section may include, but are notlimited to, areas under power transmissionlines. [2009 c.692 §8]

Note: 468A.612 was added to and made a part of468A.550 to 468A.620 by legislative action but was notadded to any smaller series therein. See Preface to Or-egon Revised Statutes for further explanation.

468A.615 Registration of acreage to beburned; fees; rules. (1)(a) On or beforeApril 1 of each year, the grower of a grassseed crop shall register with the countycourt or board of county commissioners, thefire chief of a rural fire protection district,the designated representative of the fire chiefor other responsible persons the number ofacres to be open burned or propane flamedin the remainder of the year. At the time ofregistration, the Department of Environ-mental Quality shall collect a nonrefundablefee of $4 per acre registered to be sanitizedby open burning or $2 per acre to besanitized by propane flaming. The departmentmay contract with counties and rural fireprotection districts or other responsible per-sons for the collection of the fees which shallbe forwarded to the department. Any personregistering after April 1 in each year shallpay an additional fee of $2 per acre regis-tered if the late registration is due to thefault of the late registrant or a person underthe control of the late registrant. Late regis-trations must be approved by the department.Copies of the registration form shall be for-warded to the department. The required reg-istration must be made and the fee paidbefore a permit shall be issued under ORS468A.575.

(b) Except as provided in paragraph (d)of this subsection, the department shall col-lect a fee in accordance with paragraph (c)of this subsection for issuing a permit foropen burning, propane flaming or stack orpile burning of perennial or annual grassseed crop residue or cereal grain crop resi-due under ORS 468A.555 to 468A.620 and

468A.992. The department may contract withcounties and rural fire protection districts orother responsible persons for the collectionof the fees which shall be forwarded to thedepartment.

(c) The fee required under paragraph (b)of this subsection shall be paid within 10days after the date of the invoice issued bythe issuing authority and shall be:

(A) $16 per acre of crop sanitized by openburning in the counties listed in ORS468A.560;

(B) $8 per acre of perennial or annualgrass seed crop sanitized by open burning inany county not listed in ORS 468A.560;

(C) $4 per acre of crop sanitized bypropane flaming;

(D) $10 per acre for acreage from which100 percent of the straw is removed andburned in stacks or piles; and

(E) For acreage from which less than 100percent of the straw is removed and burnedin stacks or piles, the same per acre as thefee imposed under subparagraph (D) of thisparagraph, but with a reduction in theamount of acreage for which the fee ischarged by the same percentage as the re-duction in the amount of straw to be burned.

(d) The fee required by paragraph (b) ofthis subsection shall not be charged for anyacreage where efficient burning of stubble isaccomplished with equipment certified by thedepartment for field sanitizing purposes orwith any other certified alternative methodto open field burning, propane flaming orstack or pile burning. The fee required byparagraph (b) of this subsection shall not becharged for any acreage not harvested priorto burning or for any acreage not burned.

(2)(a) All fees collected under this sectionshall be deposited in the State Treasury tothe credit of the Department of AgricultureService Fund. Such moneys are continuouslyappropriated to the State Department of Ag-riculture for the purpose of carrying out theduties and responsibilities carried out by theState Department of Agriculture pursuant tothe memorandum of understanding estab-lished under ORS 468A.585. Upon a requestfrom the Environmental Quality Commission,the State Department of Agriculture shalltransfer from the fund to the commissionmoneys sufficient for the commission tocarry out its duties specified in ORS468A.610 (10) and (11).

(b) The State Department of Agricultureby rule may increase the fees required underthis section as needed to carry out its dutiesand responsibilities pursuant to the memo-randum of understanding established underORS 468A.585, provided that the fees do notexceed the costs of the State Department of



Agriculture in operating all of the fieldburning program.

(3) It is the intention of the LegislativeAssembly that the programs for smoke man-agement, air quality monitoring and the en-forcement of rules under ORS 468A.550 to468A.620 and 468A.992 be operated in amanner that maximizes the resources avail-able for the research and development pro-gram. Therefore, with regard to thedisbursement of funds collected under sub-section (1) of this section, the State Depart-ment of Agriculture shall act in accordancewith the intent of the Legislative Assemblyand shall:

(a) Pay an amount to the county or boardof county commissioners or the fire chief ofthe rural fire protection district or other re-sponsible person, for each fire protectiondistrict, $1 per acre registered for each of thefirst 5,000 acres registered for open fieldburning and propane flaming in the district,75 cents per acre registered for each of thesecond 5,000 acres registered in the districtand 35 cents per acre registered for all acre-age registered in the district in excess of10,000 acres, to cover the cost of and to beused solely for the purpose of administeringthe program of registration of acreage to beburned, issuance of permits, keeping of re-cords and other matters directly related toagricultural field burning. For each acrefrom which straw is removed and burned instacks or piles, the State Department of Ag-riculture shall pay to the county or board ofcounty commissioners, or the fire chief of therural fire protection district or other respon-sible person, 25 cents per acre.

(b) Designate an amount to be used forthe smoke management program. The StateDepartment of Agriculture by contract withthe Oregon Seed Council or otherwise shallorganize rural fire protection districts andgrowers, coordinate and provide communica-tions, hire ground support personnel, provideaircraft surveillance and provide such addedsupport services as are necessary.

(c) Retain funds for the operation andmaintenance of the Willamette Valley fieldburning air quality impact monitoring net-work and to insure adequate enforcement ofrules established by the EnvironmentalQuality Commission governing standards ofpractice for open field burning, propaneflaming and stack or pile burning. [1991 c.920§13; 1993 c.414 §3; 1995 c.79 §285; 1995 c.358 §6; 2009 c.692§9]

468A.620 Experimental field sanitiza-tion; rules. (1) For the purpose of improvingby demonstration or investigation the envi-ronmental or agronomic effects of alternativemethods of field sanitization, the Environ-

mental Quality Commission shall by rule al-low experimental field sanitization under thedirection of the Department of Environ-mental Quality for up to 1,000 acres of per-ennial grass seed crops, annual grass seedcrops and grain crops in such areas and forsuch periods of time as the commission con-siders necessary. Experimental field sanitiza-tion includes but is not limited to:

(a) Development, demonstration or train-ing personnel in the use of special or unu-sual field ignition techniques ormethodologies.

(b) Setting aside times, days or areas forspecial studies.

(c) Operation of experimental mobile fieldsanitizers and improved propane flaming de-vices.

(d) Improved methods of stack or pileburning.

(2) The commission may allow openburning under this section of acreage forwhich permits have not been issued underORS 468A.575 if the commission finds thatthe experimental burning:

(a) Can, in theory, reduce the adverse ef-fects on air quality or public health fromopen field burning; and

(b) Is necessary in order to obtain infor-mation on air quality, public health or theagronomic effects of an experimental form offield sanitization.

(3) The commission may, by rule, estab-lish fees, registration requirements and otherrequirements or limitations necessary tocarry out the provisions of this section. [1991c.920 §14; 2009 c.692 §10]

CHLOROFLUOROCARBONS ANDHALON CONTROL


(1) “Chlorofluorocarbons” includes:(a) CFC-11 (trichlorofluoromethane);(b) CFC-12 (dichlorodifluoromethane);(c) CFC-113 (trichlorotrifluoroethane);(d) CFC-114 (dichlorotetrafluoroethane);

and(e) CFC-115 ((mono)chloropentafluoro-

ethane).(2) “Halon” includes:(a) Halon-1211 (bromochlorodifluoro-

ethane);(b) Halon-1301 (bromotrifluoroethane);

and(c) Halon-2402 (dibromotetrafluoro-

ethane). [Formerly 468.612]



468A.630 Legislative findings. (1) TheLegislative Assembly finds and declares thatchlorofluorocarbons and halons are beingunnecessarily released into the atmosphere,destroying the Earth′s protective ozone layerand causing damage to all life.

(2) It is therefore declared to be the pol-icy of the State of Oregon to:

(a) Reduce the use of these compounds;(b) Recycle these compounds in use; and(c) Encourage the substitution of less

dangerous substances. [Formerly 468.614]

468A.635 Restrictions on sale, instal-lation and repairing of items containingchlorofluorocarbons and halon; rules. (1)After July 1, 1990, no person shall sell atwholesale, and after January 1, 1991, no per-son shall sell any of the following:

(a) Chlorofluorocarbon coolant for motorvehicles in containers with a total weight ofless than 15 pounds.

(b) Hand-held halon fire extinguishers forresidential use.

(c) Party streamers and noisemakers thatcontain chlorofluorocarbons.

(d) Electronic equipment cleaners, photo-graphic equipment cleaners and disposablecontainers of chilling agents that containchlorofluorocarbons and that are used fornoncommercial or nonmedical purposes.

(e) Food containers or other food pack-aging that is made of polystyrene foam thatcontains chlorofluorocarbons.

(2)(a) One year after the EnvironmentalQuality Commission determines that equip-ment for the recovery and recycling of chlo-rofluorocarbons used in automobile airconditioners is affordable and available, noperson shall engage in the business of in-stalling, servicing, repairing, disposing of orotherwise treating automobile air condition-ers without recovering and recycling chlo-rofluorocarbons with approved recovery andrecycling equipment.

(b) Until one year after the operativedate of paragraph (a) of this subsection, theprovisions of paragraph (a) of this subsectionshall not apply to:

(A) Any automobile repair shop that hasfewer than four employees; or

(B) Any automobile repair shop that hasfewer than three covered bays.

(3) The Environmental Quality Commis-sion shall establish by rule standards for ap-proved equipment for use in recovering andrecycling chlorofluorocarbons in automobileair conditioners. [Formerly 468.616]

468A.640 Department program to re-duce use of and recycle compounds. Sub-ject to available funding, the Department ofEnvironmental Quality may establish a pro-gram to carry out the purposes of ORS468A.625 to 468A.645, including enforcementof the provisions of ORS 468A.635. [Formerly468.618]

468A.645 State Fire Marshal; program;halons; guidelines. The State Fire Marshalshall establish a program to minimize theunnecessary release of halons into the envi-ronment by providing guidelines for alterna-tives to full-scale dump testing proceduresfor industrial halon-based fire extinguishingsystems. [Formerly 468.621]

AEROSOL SPRAY CONTROL468A.650 Legislative findings. The Leg-

islative Assembly finds that:(1) Scientific studies have revealed that

certain chlorofluorocarbon compounds usedin aerosol sprays may be destroying theozone layer in the earth′s stratosphere;

(2) The ozone layer is vital to life onearth, preventing approximately 99 percentof the sun′s mid-ultraviolet radiation fromreaching the earth′s surface;

(3) Increased intensity of ultraviolet ra-diation poses a serious threat to life on earthincluding increased occurrences of skin can-cer, damage to food crops, damage tophytoplankton which is vital to the produc-tion of oxygen and to the food chain, andunpredictable and irreversible global climaticchanges;

(4) It has been estimated that productionof ozone destroying chemicals is increasingat a rate of 10 percent per year, at whichrate the ozone layer will be reduced 13 per-cent by the year 2014;

(5) It has been estimated that there hasalready been one-half to one percent de-pletion of the ozone layer;

(6) It has been estimated that an imme-diate halt to production of ozone destroyingchemicals would still result in an approxi-mate three and one-half percent reduction inozone by 1990; and

(7) There is substantial evidence to be-lieve that inhalation of aerosol sprays is asignificant hazard to human health. [Formerly468.600]

Note: 468A.650 and 468A.655 were enacted into lawby the Legislative Assembly but were not added to ormade a part of ORS chapter 468A or any series thereinby legislative action. See Preface to Oregon RevisedStatutes for further explanation.

468A.655 Prohibition on sale or pro-motion; exemption for medical use. (1)Unless otherwise provided by law, afterMarch 1, 1977, no person shall sell or offer



to sell or give as a sales inducement in thisstate any aerosol spray which contains as apropellant trichloromonofluoromethane, di-fluorodichloromethane or any other satu-rated chlorofluorocarbon compound notcontaining hydrogen.

(2) Nothing in this section prohibits thesale of any aerosol spray containing anypropellant described in subsection (1) of thissection if such aerosol spray is intended tobe used for a legitimate medical purpose inthe treatment of asthma or any respiratorydisorder; or such aerosol spray is intended tobe used for a legitimate medical purpose andthe State Board of Pharmacy determines byadministrative rule that the use of the aer-osol spray is essential to such intended use.[Formerly 468.605]


468A.660 Wholesale transactions per-mitted. Nothing in ORS 468A.655 shall pre-vent wholesale transactions, including butnot limited to the transportation, warehous-ing, sale, and delivery of any aerosol spraydescribed in ORS 468A.655 (1). [Formerly468.610]

ASBESTOS ABATEMENT PROJECTS468A.700 Definitions for ORS 468A.700

to 468A.760. As used in ORS 468A.700 to468A.760:

(1) “Accredited” means a provider of as-bestos abatement training courses is author-ized by the Department of EnvironmentalQuality to offer training courses that satisfydepartment requirements for contractor li-censing and worker training.

(2) “Agent” means an individual whoworks on an asbestos abatement project fora contractor but is not an employee of thecontractor.

(3) “Asbestos” means the asbestiform va-rieties of serpentine (chrysotile), riebeckite(crocidolite), cummungtonite-grunerite(amosite), anthophyllite, actinolite andtremolite.

(4) “Asbestos abatement project” meansany demolition, renovation, repair, construc-tion or maintenance activity of any public orprivate facility that involves the repair, en-closure, encapsulation, removal, salvage,handling or disposal of any material with thepotential of releasing asbestos fibers fromasbestos-containing material into the air.

(5) “Asbestos-containing material” meansany material containing more than one per-cent asbestos by weight.

(6) “Contractor” means a person thatundertakes for compensation an asbestosabatement project for another person. As

used in this subsection, “compensation”means wages, salaries, commissions and anyother form of remuneration paid to a personfor personal services.

(7) “Facility” means all or part of anypublic or private building, structure, instal-lation, equipment, vehicle or vessel, includ-ing but not limited to ships.

(8) “Friable asbestos material” means anyasbestos-containing material that hand pres-sure can crumble, pulverize or reduce topowder when dry.

(9) “Person” means an individual, publicor private corporation, nonprofit corporation,association, firm, partnership, joint venture,business trust, joint stock company, munici-pal corporation, political subdivision, thestate and any agency of the state or anyother entity, public or private, however or-ganized.

(10) “Trained worker” means a personwho has successfully completed specifiedtraining in and can demonstrate knowledgeof the health and safety aspects of workingwith asbestos.

(11) “Worker” means an employee oragent of a contractor or facility owner oroperator. [Formerly 468.875]

468A.705 Legislative findings. The Leg-islative Assembly finds and declares that:

(1) Asbestos-containing material in afriable condition, or when physically orchemically altered, can release asbestos fi-bers into the air. Asbestos fibers are respir-atory hazards proven to cause lung cancer,mesothelioma and asbestosis and as such, area danger to the public health.

(2) There is no known minimal level ofexposure to asbestos fibers that guaranteesthe full protection of the public health.

(3) Asbestos-containing material found inor on facilities or used for other purposeswithin the state is a potential health hazard.

(4) The increasing number of asbestosabatement projects increases the exposure ofcontractors, workers and the public to thehazards of asbestos.

(5) If improperly performed, an asbestosabatement project creates unnecessaryhealth and safety hazards that are detri-mental to citizens and to the state in termsof health, family life, preservation of humanresources, wage loss, insurance, medical ex-penses and disability compensation payments.

(6) It is in the public interest to reduceexposure to asbestos caused by improperlyperformed asbestos abatement projectsthrough the upgrading of contractor andworker knowledge, skill and competence.[Formerly 468.877]



468A.707 Asbestos abatement pro-gram; rules; contractor licensing; workercertification. (1) The Environmental QualityCommission by rule shall:

(a) Establish an asbestos abatement pro-gram that assures the proper and safe abate-ment of asbestos hazards through contractorlicensing and worker training.

(b) Establish the date after which a con-tractor must be licensed under ORS 468A.720and a worker must hold a certificate underORS 468A.730.

(c) Establish criteria and provisions forgranting an extension of time for contractorlicensing and worker certification, whichmay consider the number of workers and theavailability of accredited training courses.

(2) The program established under sub-section (1) of this section shall include atleast:

(a) Criteria for contractor licensing andtraining;

(b) Criteria for worker certification andtraining;

(c) Standardized training courses; and(d) A procedure for inspecting asbestos

abatement projects.(3) In establishing the training require-

ments under subsections (1) and (2) of thissection, the commission shall adopt differenttraining requirements that reflect the differ-ent levels of responsibility of the contractoror worker, so that within the category ofcontractor, sublevels shall be separately li-censed or exempted and within the categoryof worker, sublevels shall be separately cer-tified or exempted. The commission shallspecifically address as a separate class, thosecontractors and workers who perform smallscale, short duration renovating and mainte-nance activity. As used in this subsection,“small scale, short duration renovating andmaintenance activity” means a task forwhich the removal of asbestos is not the pri-mary objective of the job, including but notlimited to:

(a) Removal of asbestos-containing insu-lation on pipes;

(b) Removal of small quantities ofasbestos-containing insulation on beams orabove ceilings;

(c) Replacement of an asbestos-containinggasket on a valve;

(d) Installation or removal of a smallsection of drywall; or

(e) Installation of electrical conduitsthrough or proximate to asbestos-containingmaterials.

(4) The Department of EnvironmentalQuality, on behalf of the commission, shall

consult with the Department of Consumerand Business Services and the OregonHealth Authority about proposed rules forthe asbestos abatement program to assurethat the rules are compatible with all otherstate and federal statutes and regulations re-lated to asbestos abatement.

(5) The Department of EnvironmentalQuality shall cooperate with the Departmentof Consumer and Business Services and theOregon Health Authority to promote properand safe asbestos abatement work practicesand compliance with the provisions of ORS279B.055 (2)(g), 279B.060 (2)(g), 279C.365(1)(j), 468.126, 468A.135 and 468A.700 to468A.760. [1987 c.741 §4; 1993 c.18 §175; 2003 c.794§293; 2009 c.595 §951]

468A.710 License required for asbestosabatement project. (1) Except as providedin ORS 468A.707 (1)(c) and (3), after the En-vironmental Quality Commission adopts rulesunder ORS 468A.707 and 468A.745, no con-tractor shall work on an asbestos abatementproject unless the contractor holds a licenseissued by the Department of EnvironmentalQuality under ORS 468A.720.

(2) A contractor carrying out an asbestosabatement project shall be responsible forthe safe and proper handling and delivery ofwaste that includes asbestos-containing ma-terial to a landfill authorized to receive suchwaste. [Formerly 468.879]

468A.715 Licensed contractor re-quired; exception. (1) Except as provided insubsection (2) of this section, an owner oroperator of a facility containing asbestosshall require only licensed contractors toperform asbestos abatement projects.

(2) A facility owner or operator whoseown employees maintain, repair, renovate ordemolish the facility may allow the em-ployees to work on asbestos abatement proj-ects only if the employees comply with thetraining and certification requirements es-tablished under ORS 468A.730. [Formerly468.881]

468A.720 Qualifications for license;application. (1) The Department of Environ-mental Quality shall issue an asbestosabatement license to a contractor who:

(a) Successfully completes an accreditedtraining course for contractors.

(b) Requires each employee or agent ofthe contractor who works on or is directlyresponsible for an asbestos abatement projectto be certified under ORS 468A.730.

(c) Certifies that the contractor has readand understands the applicable state andfederal rules and regulations on asbestosabatement and agrees to comply with therules and regulations.



(2) A contractor shall apply for a licenseor renewal of a license according to the pro-cedures established by rule by the Environ-mental Quality Commission. [Formerly 468.883]

468A.725 Grounds for license suspen-sion or revocation. (1) The Department ofEnvironmental Quality may suspend or re-voke an asbestos abatement license issued toa contractor under ORS 468A.720 if the li-censee:

(a) Fraudulently obtains or attempts toobtain a license.

(b) Fails at any time to satisfy the quali-fications for a license or to comply withrules adopted by the Environmental QualityCommission under ORS 468A.700 to468A.760.

(c) Fails to meet any applicable state orfederal standard relating to asbestos abate-ment.

(d) Permits an untrained worker to workon an asbestos abatement project.

(e) Employs a worker who fails to complywith applicable state or federal rules or reg-ulations relating to asbestos abatement.

(2) In addition to any penalty provided byORS 468.140, the department may suspend orrevoke the license or certification of anyperson who violates the conditions of ORS468A.700 to 468A.755 or rules adopted underORS 468A.700 to 468A.755. [Formerly 468.885]

468A.730 Worker certificate required;qualifications; renewal application; sus-pension or revocation. (1) Except as pro-vided in ORS 468A.707 (1)(c) and (3), afterthe Environmental Quality Commissionadopts rules under ORS 468A.745, no workershall work on an asbestos abatement projectunless the person holds a certificate issuedby the Department of Environmental Qualityor the department′s authorized represen-tative under subsection (2) of this section.

(2) The department or an authorized rep-resentative of the department shall issue anasbestos abatement certificate to a workerwho successfully completes an accredited as-bestos abatement training course approvedby the department.

(3) If the commission determines there isa need for a category of workers to updatethe workers′ training in order to meet newor changed conditions, the commission mayrequire the worker, as a condition of certif-icate renewal, to successfully complete anaccredited asbestos abatement review course.

(4) A worker or the facility owner or op-erator shall submit an application for an as-bestos abatement certificate and renewal ofa certificate according to procedures estab-lished by rule by the Environmental QualityCommission.

(5) The department may suspend or re-voke a certificate if a worker fails to complywith applicable health and safety rules orstandards. [Formerly 468.887]

468A.735 Alternatives to protectionrequirements; approval. Subject to the di-rection of the Environmental Quality Com-mission, the Director of the Department ofEnvironmental Quality may approve, on acase-by-case basis, an alternative to a spe-cific worker and public health protection re-quirement for an asbestos abatement projectif the contractor or facility owner or opera-tor submits a written description of the al-ternative procedure and demonstrates to thedirector′s satisfaction that the proposed al-ternative procedure provides worker andpublic health protection equivalent to theprotection that would be provided by thewaived provisions. [Formerly 468.889]

468A.740 Accreditation requirements;rules. (1) The Environmental Quality Com-mission by rule shall provide for accredi-tation of courses that satisfy trainingrequirements contractors must comply withto qualify for an asbestos abatement licenseunder ORS 468A.720 and courses that work-ers must successfully complete to becomecertified under ORS 468A.730.

(2) The accreditation requirements estab-lished by the commission under subsection(1) of this section shall reflect the level oftraining that a course provider must offer tosatisfy the licensing requirements under ORS468A.720 and the certification requirementsunder ORS 468A.730.

(3) In order to be accredited under sub-section (1) of this section, a training courseshall include at a minimum material relatingto:

(a) The characteristics and uses of asbes-tos and the associated health hazards;

(b) Local, state and federal standards re-lating to asbestos abatement work practices;

(c) Methods to protect personal and pub-lic health from asbestos hazards;

(d) Air monitoring;(e) Safe and proper asbestos abatement

techniques; and(f) Proper disposal of waste containing

asbestos.(4) In addition to the requirements under

subsection (3) of this section, the personproviding a training course for which ac-creditation is sought shall demonstrate tothe satisfaction of the Department of Envi-ronmental Quality the ability and proficiencyto conduct the training.

(5) Any person providing accredited as-bestos abatement training shall make avail-able to the department for audit purposes, at



no cost to the department, all course materi-als, records and access to training sessions.

(6) Applications for accreditation and re-newals of accreditation shall be submittedaccording to procedures established by ruleby the commission.

(7) The department may suspend or re-voke training course accreditation if theprovider fails to meet and maintain anystandard established by the commission.

(8) The commission by rule shall estab-lish provisions to allow a worker or contrac-tor trained in another state to use trainingin other states to satisfy Oregon licensingand certification requirements, if the com-mission finds that the training received inthe other state would meet the requirementsof this section. [Formerly 468.891]

468A.745 Rules; variances; training;standards; procedures. The EnvironmentalQuality Commission shall adopt rules tocarry out its duties under ORS 279B.055(2)(g), 279B.060 (2)(g), 279C.365 (1)(j),468A.135 and 468A.700 to 468A.760. In addi-tion, the commission may:

(1) Allow variances from the provisionsof ORS 468A.700 to 468A.755 in the samemanner variances are granted under ORS468A.075.

(2) Establish training requirements forcontractors applying for an asbestos abate-ment license.

(3) Establish training requirements forworkers applying for a certificate to work onasbestos abatement projects.

(4) Establish standards and procedures toaccredit asbestos abatement training coursesfor contractors and workers.

(5) Establish standards and proceduresfor licensing contractors and certifyingworkers.

(6) Issue, renew, suspend and revoke li-censes, certificates and accreditations.

(7) Determine those classes of asbestosabatement projects for which the personundertaking the project must notify the De-partment of Environmental Quality beforebeginning the project.

(8) Establish work practice standards,compatible with standards of the Departmentof Consumer and Business Services, for theabatement of asbestos hazards and the han-dling and disposal of waste materials con-taining asbestos.

(9) Provide for asbestos abatement train-ing courses that satisfy the requirements forcontractor licensing under ORS 468A.720 orworker certification under ORS 468A.730.[Formerly 468.893; 1993 c.744 §229; 2003 c.794 §294]

468A.750 Fee schedule; waiver; dispo-sition. (1) By rule and after hearing, theEnvironmental Quality Commission shall es-tablish a schedule of fees for:

(a) Licenses issued under ORS 468A.720;(b) Worker certification under ORS

468A.730;(c) Training course accreditation under

ORS 468A.740; and(d) Notices of intent to perform an as-

bestos abatement project under ORS468A.745 (7).

(2) The fees established under subsection(1) of this section shall be based upon thecosts of the Department of EnvironmentalQuality in carrying out the asbestos abate-ment program established under ORS468A.707.

(3) In adopting the schedule of fees underthis section the commission shall includeprovisions and procedures for granting awaiver of a fee.

(4) The fees collected under this sectionshall be paid into the State Treasury and de-posited in the General Fund to the credit ofthe Department of Environmental Quality.Such moneys are continuously appropriatedto the Department of Environmental Qualityto pay the department′s expenses in adminis-tering and enforcing the asbestos abatementprogram. [Formerly 468.895]

468A.755 Exemptions. (1) Except asprovided in subsection (2) of this section,ORS 468A.700 to 468A.750 do not apply to anasbestos abatement project in a private resi-dence if:

(a) The residence is occupied by theowner; and

(b) The owner occupant is performing theasbestos abatement work.

(2) Any person exempt from ORS468A.700 to 468A.750 under subsection (1) ofthis section shall handle and dispose ofasbestos-containing material in compliancewith standards established by the Environ-mental Quality Commission under ORS468A.745. [Formerly 468.897]

468A.760 Content of bid advertise-ment. Any public agency requesting bids orproposals for a proposed project shall firstmake a determination of whether or not theproject requires a contractor licensed underORS 468A.720. The public agency shall in-clude such requirement in the bid or pro-posal advertisement under ORS 279B.055(2)(g), 279B.060 (2)(g) and 279C.365 (1)(j).[Formerly 468.899; 2003 c.794 §295]



INDOOR AIR POLLUTION CONTROL468A.775 Indoor air quality sampling;

accreditation and certification programs.(1) The Environmental Quality Commissionshall establish a voluntary accreditation pro-gram for those providing indoor air qualitysampling services or ventilation system eval-uations for public areas, office workplaces orprivate residences. Provisions shall be madeto accept accreditation of other state pro-grams if they are comparable with the ac-creditation program established under thissection.

(2) The Environmental Quality Commis-sion shall establish a voluntary contractorcertification program for contractors provid-ing remedial action for residential indoor airpollution. Provisions shall be made to acceptaccreditation of other state programs if theyare comparable with the accreditation pro-gram established under this section. [Formerly468.357]


468A.780 Schedule of fees; accredi-tation and certification programs. TheEnvironmental Quality Commission shall es-tablish by rule a schedule of annual fees, notto exceed $500 per participating contractor,to pay the Department of EnvironmentalQuality′s costs in operating the:

(1) Voluntary accreditation program un-der ORS 468A.775 (1); and

(2) Voluntary contractor certificationprogram under ORS 468A.775 (2). [Formerly468.358]


468A.785 Pilot programs. (1) Upon theadvice of the Indoor Air Pollution TaskForce, the Environmental Quality Commis-sion may establish a pilot program for anyproduct designed for household or office usethat is not adequately regulated by federallaw that may be a threat to human healthby contaminating indoor air.

(2) The Environmental Quality Commis-sion may establish a voluntary product-labeling pilot program to identify productswith a low potential for causing indoor airpollution. [Formerly 468.359]


AGRICULTURAL OPERATIONS ANDEQUIPMENT

468A.790 Memorandum of understand-ing with State Department of Agricul-ture; rules. (1) The Environmental QualityCommission and the State Department ofAgriculture shall enter into a memorandum

of understanding that addresses the adminis-tration and enforcement of air quality lawscontained in this chapter that apply to agri-cultural operations and equipment. Theterms of the memorandum of understandingmust be consistent with the obligations ofthis state under the federal Clean Air Act(P.L. 88-206 as amended) and the purposesdescribed in ORS 468A.305. Subject to theterms of the memorandum of understandingand to oversight by the Department of Envi-ronmental Quality, the State Department ofAgriculture may perform any function of theDepartment of Environmental Quality underthis chapter that relates to air quality, in-cluding but not limited to the issuance ofpermits, establishment of fees, entry and in-spection of premises and the assessment ofcivil penalties.

(2) The Environmental Quality Commis-sion and the State Department of Agricultureshall consider the following when enteringinto a memorandum of understanding undersubsection (1) of this section:

(a) Cooperation with private and publicentities associated with agriculture in pro-gram research, development and implementa-tion.

(b) Program flexibility.(c) The use of voluntary measures, in-

cluding education, demonstration projectsand incentives, if practicable and reasonablyexpected to be effective in helping to carryout regulatory requirements.

(d) The diverse nature of agricultural op-erations and the importance of, and publicinterest in, the agricultural production offood, fiber and other products.

(e) The desirability of having the StateDepartment of Agriculture serve as the leadagency responsible for the administration ofprograms relating to agriculture.

(f) The importance of, and public interestin, the protection of human health and theenvironment, including the protection of na-tural resources in special areas of the statedesignated for their outstanding scenery andhistorical and cultural importance.

(3) In adopting rules subject to the mem-orandum of understanding required by sub-section (1) of this section, the EnvironmentalQuality Commission and the State Depart-ment of Agriculture shall consult with eachother. [2007 c.799 §2]

DIESEL ENGINES468A.793 Goal to reduce excess life-

time risk of cancer due to exposure todiesel engine emissions. The Environ-mental Quality Commission shall establish agoal to reduce excess lifetime risk of cancer



due to exposure to diesel engine emissions tono more than one case per million individ-uals by 2017. In setting the goal, the com-mission shall include a target tosubstantially reduce the risk to school chil-dren from diesel engine emissions producedby Oregon school buses by the end of 2013.The Department of Environmental Quality isdirected to track and report to the Legisla-tive Assembly on the progress in meetingthis goal. [2007 c.855 §2]

468A.795 Definitions. As used in ORS468A.795 to 468A.803 and sections 11 to 16,chapter 855, Oregon Laws 2007:

(1) “Combined weight” has the meaninggiven that term in ORS 825.005.

(2) “Cost-effectiveness threshold” meansthe cost, in dollars, per ton of dieselparticulate matter reduced, as established byrule of the Environmental Quality Commis-sion.

(3) “Heavy-duty truck” means a motorvehicle or combination of vehicles operatedas a unit that has a combined weight that isgreater than 26,000 pounds.

(4) “Incremental cost” means the cost ofa qualifying repower or retrofit less abaseline cost that would otherwise be in-curred in the normal course of business.

(5) “Medium-duty truck” means a motorvehicle or combination of vehicles operatedas a unit that has a combined weight that isgreater than 14,000 pounds but less than orequal to 26,000 pounds.

(6) “Motor vehicle” has the meaninggiven that term in ORS 825.005.

(7) “Nonroad Oregon diesel engine”means any Oregon diesel engine that was notdesigned primarily to propel a motor vehicleon public highways of this state.

(8) “Oregon diesel engine” means an en-gine at least 50 percent of the use of which,as measured by miles driven or hours oper-ated, will occur in Oregon for the threeyears following the repowering or retrofittingof the engine.

(9) “Oregon diesel truck engine” meansa diesel engine in a truck at least 50 percentof the use of which, as measured by milesdriven or hours operated, has occurred inOregon for the two years preceding thescrapping of the engine.

(10) “Public highway” has the meaninggiven that term in ORS 825.005.

(11) “Repower” means to scrap an olddiesel engine and replace it with a new en-gine, a used engine or a remanufactured en-gine, or with electric motors, drives or fuelcells, with a minimum useful life of sevenyears.

(12) “Retrofit” means to equip a dieselengine with new emissions-reducing parts ortechnology after the manufacture of the ori-ginal engine. A retrofit must use the greatestdegree of emissions reduction available forthe particular application of the equipmentretrofitted that meets the cost-effectivenessthreshold.

(13) “Scrap” means to destroy and renderinoperable.

(14) “Truck” means a motor vehicle orcombination of vehicles operated as a unitthat has a combined weight that is greaterthan 14,000 pounds. [2007 c.855 §6]

Note: The amendments to 468A.795 by section 6a,chapter 855, Oregon Laws 2007, become operative Janu-ary 2, 2018. See section 6b, chapter 855, Oregon Laws2007. The text that is operative on and after January2, 2018, is set forth for the user′s convenience.

468A.795. As used in ORS 468A.795 to 468A.803:(1) “Combined weight” has the meaning given that

term in ORS 825.005.(2) “Cost-effectiveness threshold” means the cost, in

dollars, per ton of diesel particulate matter reduced, asestablished by rule of the Environmental Quality Com-mission.

(3) “Heavy-duty truck” means a motor vehicle orcombination of vehicles operated as a unit that has acombined weight that is greater than 26,000 pounds.

(4) “Incremental cost” means the cost of a qualify-ing repower or retrofit less a baseline cost that wouldotherwise be incurred in the normal course of business.

(5) “Medium-duty truck” means a motor vehicle orcombination of vehicles operated as a unit that has acombined weight that is greater than 14,000 pounds butless than or equal to 26,000 pounds.

(6) “Motor vehicle” has the meaning given thatterm in ORS 825.005.

(7) “Nonroad Oregon diesel engine” means any Or-egon diesel engine that was not designed primarily topropel a motor vehicle on public highways of this state.

(8) “Oregon diesel engine” means an engine at least50 percent of the use of which, as measured by milesdriven or hours operated, will occur in Oregon for thethree years following the repowering or retrofitting ofthe engine.

(9) “Oregon diesel truck engine” means a dieselengine in a truck at least 50 percent of the use of which,as measured by miles driven or hours operated, has oc-curred in Oregon for the two years preceding thescrapping of the engine.

(10) “Public highway” has the meaning given thatterm in ORS 825.005.

(11) “Repower” means to scrap an old diesel engineand replace it with a new engine, a used engine or aremanufactured engine, or with electric motors, drivesor fuel cells, with a minimum useful life of seven years.

(12) “Retrofit” means to equip a diesel engine withnew emissions-reducing parts or technology after themanufacture of the original engine. A retrofit must usethe greatest degree of emissions reduction available forthe particular application of the equipment retrofittedthat meets the cost-effectiveness threshold.

(13) “Scrap” means to destroy and render inopera-ble.

(14) “Truck” means a motor vehicle or combinationof vehicles operated as a unit that has a combinedweight that is greater than 14,000 pounds.



468A.796 School buses; retrofitting ofengines; replacement. All school buseswith diesel engines operated in Oregon mustbe:

(1) Retrofitted with 2007 equivalent en-gines and 2007 fine particulate matter cap-ture technology by January 1, 2017; or

(2) Replaced with school buses manufac-tured on or after January 1, 2007, by January1, 2025. A school bus replaced under thissubsection may not be used for transporta-tion of any type. [2009 c.631 §2]

468A.797 Standards for certified costof qualifying repower or retrofit; rules.(1) The Environmental Quality Commissionby rule shall establish standards related tothe certified cost necessary to perform aqualifying repower or retrofit, including butnot limited to rules establishing the certifiedcost for purposes of the tax credit establishedin section 12, chapter 855, Oregon Laws 2007.

(2) For the purposes of subsection (1) ofthis section, certified cost:

(a) May not exceed the incremental costof labor and hardware that the Departmentof Environmental Quality finds necessary toperform a qualifying repower or retrofit;

(b) Does not include the cost of any por-tion of a repower or retrofit undertaken tocomply with any applicable local, state orfederal pollution or emissions law or for or-dinary maintenance, repair or replacementof a diesel engine; and

(c) May not exceed the cost-effectivenessthreshold. [2007 c.855 §7]


468A.797. (1) The Environmental Quality Commis-sion by rule shall establish standards related to thecertified cost necessary to perform a qualifying repoweror retrofit.

(2) For the purposes of subsection (1) of this sec-tion, certified cost:

(a) May not exceed the incremental cost of laborand hardware that the Department of EnvironmentalQuality finds necessary to perform a qualifying repoweror retrofit;

(b) Does not include the cost of any portion of arepower or retrofit undertaken to comply with any ap-plicable local, state or federal pollution or emissionslaw or for ordinary maintenance, repair or replacementof a diesel engine; and

(c) May not exceed the cost-effectiveness threshold.

468A.799 Standards for qualifying re-power of nonroad diesel engine or retrofitof diesel engine; rules. (1) The Environ-mental Quality Commission by rule shall es-tablish standards for the qualifying repowerof a nonroad Oregon diesel engine or retrofitof an Oregon diesel engine, including but not

limited to rules establishing repower orretrofit qualifications for purposes of the taxcredit established in section 12, chapter 855,Oregon Laws 2007.

(2) The standards adopted by the com-mission under this section must include:

(a) A requirement for the reduction ofdiesel particulate matter emissions by atleast 25 percent compared with the baselineemissions for the relevant engine year andapplication;

(b) A list of technologies approved asqualifying repowers or retrofits that havebeen verified by the United States Environ-mental Protection Agency or the CaliforniaAir Resources Board; and

(c) A requirement that a qualifying re-power or retrofit does not include the re-power or retrofit of a vehicle or engine forwhich a grant, loan or tax credit under ORS468A.803 or section 12, chapter 855, OregonLaws 2007, has been awarded or allowed,unless the repower or retrofit will reduceemissions further than the repower orretrofit funded by the grant, loan or taxcredit. [2007 c.855 §8]


468A.799. (1) The Environmental Quality Commis-sion by rule shall establish standards for the qualifyingrepower of a nonroad Oregon diesel engine or retrofitof an Oregon diesel engine.

(2) The standards adopted by the commission underthis section must include:

(a) A requirement for the reduction of dieselparticulate matter emissions by at least 25 percentcompared with the baseline emissions for the relevantengine year and application;

(b) A list of technologies approved as qualifyingrepowers or retrofits that have been verified by theUnited States Environmental Protection Agency or theCalifornia Air Resources Board; and

(c) A requirement that a qualifying repower orretrofit does not include the repower or retrofit of avehicle or engine for which a grant or loan under ORS468A.803 has been awarded or allowed, unless the re-power or retrofit will reduce emissions further than therepower or retrofit funded by the grant or loan.

468A.801 Clean Diesel Engine Fund;interest. (1) The Clean Diesel Engine Fundis established in the State Treasury separateand distinct from the General Fund. Interestearned by the Clean Diesel Engine Fundshall be credited to the fund. The moneys inthe fund are continuously appropriated to theDepartment of Environmental Quality to beused for the purposes described in ORS468A.803.

(2) The Clean Diesel Engine Fund con-sists of:

(a) Funds appropriated by the LegislativeAssembly;



(b) Grants provided by the federal gov-ernment pursuant to the federal Clean AirAct, 42 U.S.C. 7401 et seq., or other federallaws; and

(c) Any other revenues derived from giftsor grants given to the state for the purposeof providing financial assistance to ownersor operators of diesel engines for the purposeof repowering, retrofitting or scrapping dieselengines to reduce diesel engine emissions.[2007 c.855 §9]

468A.803 Uses of Clean Diesel EngineFund; rules. (1) The Department of Envi-ronmental Quality shall use the moneys inthe Clean Diesel Engine Fund to award:

(a) Grants and loans to the owners andoperators of Oregon diesel engines for up to100 percent of the certified costs of qualify-ing retrofits as described in ORS 468A.797and 468A.799;

(b) Grants and loans to the owners andoperators of nonroad Oregon diesel enginesfor up to 25 percent of the certified costs ofqualifying repowers as described in ORS468A.797 and 468A.799; and

(c) Grants to the owners of Oregon dieseltruck engines to scrap those engines.

(2) In determining the amount of a grantor loan under this section, the departmentmust reduce the incremental cost of a quali-fying repower or retrofit by the value of anyexisting financial incentive that directly re-duces the cost of the qualifying repower orretrofit, including tax credits, other grantsor loans, or any other public financial as-sistance.

(3) The department may certify thirdparties to perform qualifying repowers andretrofits and may contract with third partiesto perform such services for the certifiedcosts of qualifying repowers and retrofits.The department may also contract with in-stitutions of higher education or other publicbodies as defined by ORS 174.109 to train andcertify third parties to perform qualifying re-powers and retrofits.

(4) The department may not award agrant to scrap an Oregon diesel truck engineunder subsection (1)(c) of this section unlessthe engine was manufactured prior to 1994and the engine is in operating condition atthe time of the grant application or, if re-pairs are needed, the owner demonstrates tothe department′s satisfaction that the enginecan be repaired to an operating condition forless than its commercial scrap value. TheEnvironmental Quality Commission shalladopt rules for a maximum grant awardedunder subsection (1)(c) of this section for anengine in a heavy-duty truck and for an en-gine in a medium-duty truck. A grantawarded under subsection (1)(c) of this sec-

tion may not be combined with any other taxcredits, grants or loans, or any other publicfinancial assistance, to scrap an Oregon die-sel truck engine.

(5) The department may use the moneysin the Clean Diesel Engine Fund to pay ex-penses of the department in administeringthe program described in this section.

(6) The commission shall adopt rules toimplement this section and ORS 468A.801,including but not limited to establishingpreferences for grant and loan awards basedupon percentage of engine use in Oregon,whether a grant or loan applicant will pro-vide matching funds, whether scrapping, re-powering or retrofitting an engine willbenefit sensitive populations or areas withelevated concentrations of diesel particulatematter, or such other criteria as the com-mission may establish. The rules adopted bythe commission shall reserve a portion of thefinancial assistance available each year forapplicants that own or operate a small num-ber of Oregon diesel engines or Oregon dieseltruck engines and shall provide for simplifiedaccess to financial assistance for those ap-plicants.

(7) The department may perform activ-ities necessary to ensure that recipients ofgrants and loans from the Clean Diesel En-gine Fund comply with applicable require-ments. If the department determines that arecipient has not complied with applicablerequirements, it may order the recipient torefund all grant or loan moneys and mayimpose penalties pursuant to ORS 468.140.[2007 c.855 §10]


Sec. 11. The rules adopted by the EnvironmentalQuality Commission pursuant to section 10 (6) of this2007 Act [468A.803 (6)], beginning on the effective dateof this 2007 Act [September 27, 2007] and ending on June30, 2010, shall reserve 75 percent of the funds availablefor grants and loans under section 10 of this 2007 Act[468A.803] for Oregon diesel engines that:

(1) Will be used in Oregon for at least 75 percentof the total number of miles that the vehicle is drivenduring the three years following the repowering orretrofitting of the engine; or

(2) Will be used in Oregon for at least 75 percentof the total number of hours the engine is operatedduring the three years following the repowering orretrofitting of the engine. [2007 c.855 §11]

Note: Sections 15, 16 and 16a, chapter 855, OregonLaws 2007, provide:

Sec. 15. (1) The Environmental Quality Commis-sion shall adopt rules to implement this section andsections 12, 13 [sections 12 and 13 are compiled as notesunder 315.356] and 16 of this 2007 Act, including rules:

(a) Imposing a nonrefundable application fee of $50for applications for cost certification of repowers orretrofits that qualify for the tax credit allowed undersection 12 of this 2007 Act.

(b) Imposing a nonrefundable application process-ing fee. The amount of the fee shall be the amount thatin the judgment of the commission is needed for the



Department of Environmental Quality to recoup its ex-penses in administering the tax credit cost certificationunder section 16 of this 2007 Act.

(2) The Environmental Quality Commission shallconsult with the Department of Revenue prior toadopting or amending rules under this section. [2007c.855 §15]

Sec. 16. (1) A person seeking a tax credit undersection 12 of this 2007 Act or a person seeking totransfer a tax credit cost certification under section 13of this 2007 Act shall first apply to the Department ofEnvironmental Quality for certification of the cost of arepower or retrofit of an engine that qualifies for thetax credit under section 12 of this 2007 Act.

(2) The application must contain the following in-formation:

(a) The name, address and taxpayer identificationnumber of the taxpayer;

(b) A statement that the engine on which the re-power or retrofit was performed is owned by the appli-cant and is intended to be an Oregon diesel engine;

(c) A description of the technologies used in therepower or retrofit that are sufficient for the departmentto determine if the repower or retrofit qualifies for thetax credit;

(d) Invoices or other documentation of the cost andpayment of the repower or retrofit; and

(e) Any other information required by the depart-ment or required under rules adopted by the Environ-mental Quality Commission.

(3) The taxpayer shall file the application withinone year following the date of the invoice for the qual-ifying repower or retrofit. The application may not beaccepted unless the application includes payment of thenonrefundable fees imposed under rules adopted undersection 15 of this 2007 Act.

(4) The department shall consider completed appli-cations and determine if the application describes a re-power or retrofit that qualifies for a tax credit undersection 12 of this 2007 Act and, if qualified, the certifiedcost of the repower or retrofit. In determining theamount of a tax credit under this section, the depart-ment shall reduce the incremental cost of a qualifyingrepower or retrofit by the value of any existing finan-cial incentive that directly reduces the cost of thequalifying repower or retrofit, including tax credits,grants, loans or any other public financial assistance.The department shall send written notice of the certifiedcost to the taxpayer. The department may not certifymore than $3 million of tax credits under this sectionduring each calendar year.

(5) If the department determines that a repower orretrofit does not qualify for a tax credit under section12 of this 2007 Act or certifies a lesser amount than wassought in the application, the taxpayer may appeal thedetermination as a contested case under ORS chapter183.

(6) The department shall deposit fees collected un-der this section in a miscellaneous receipts account es-tablished in the State Treasury for the benefit of thedepartment. Amounts in the account are continuouslyappropriated to the department for the purpose of re-imbursing the department for expenses incurred in ad-ministering this section. [2007 c.855 §16]

Sec. 16a. Sections 12 to 16, chapter 855, OregonLaws 2007, are repealed on January 2, 2012. [2007 c.855§16a; 2009 c.913 §10]

Note: Sections 38, 41, 44, 50, 51 and 52, chapter 843,Oregon Laws 2007, are substantially the same as ORS468A.795, 468A.797 and 468A.799 and sections 15, 16 and16a, chapter 855, Oregon Laws 2007. Sections 38, 41, 44,50, 51 and 52, chapter 843, Oregon Laws 2007, provide:

Sec. 38. As used in this section and sections 41, 44,47, 48 [sections 47 and 48 are compiled as notes under315.356], 50 and 51 of this 2007 Act:

(1) “Combined weight” has the meaning given thatterm in ORS 825.005.

(2) “Cost-effectiveness threshold” means the cost, indollars, per ton of diesel particulate matter reduced, asestablished by rule of the Environmental Quality Com-mission.












(14) “Truck” means a motor vehicle or combinationof vehicles operated as a unit that has a combinedweight that is greater than 14,000 pounds. [2007 c.843§38]

Note: The amendments to section 38, chapter 843,Oregon Laws 2007, by section 39, chapter 843, OregonLaws 2007, become operative January 2, 2018. See sec-tion 40, chapter 843, Oregon Laws 2007. The text that isoperative on and after January 2, 2018, is set forth forthe user′s convenience.

Sec. 38. As used in this section and sections 41 and44 of this 2007 Act:

(1) “Combined weight” has the meaning given thatterm in ORS 825.005.

(2) “Cost-effectiveness threshold” means the cost, indollars, per ton of diesel particulate matter reduced, asestablished by rule of the Environmental Quality Com-mission.














(14) “Truck” means a motor vehicle or combinationof vehicles operated as a unit that has a combinedweight that is greater than 14,000 pounds.

Sec. 41. (1) The Environmental Quality Commis-sion by rule shall establish standards related to thecertified cost necessary to perform a qualifying repoweror retrofit, including but not limited to rules establish-ing the certified cost for purposes of the tax credit es-tablished in section 47 of this 2007 Act.


(a) May not exceed the incremental cost of laborand hardware that the Department of EnvironmentalQuality finds necessary to perform a qualifying repoweror retrofit;


(c) May not exceed the cost-effectiveness threshold.[2007 c.843 §41]


Sec. 41. (1) The Environmental Quality Commis-sion by rule shall establish standards related to thecertified cost necessary to perform a qualifying repoweror retrofit.


(a) May not exceed the incremental cost of laborand hardware that the Department of Environmental

Quality finds necessary to perform a qualifying repoweror retrofit;


(c) May not exceed the cost-effectiveness threshold.Sec. 44. (1) The Environmental Quality Commis-

sion by rule shall establish standards for the qualifyingrepower of a nonroad Oregon diesel engine or retrofitof an Oregon diesel engine, including but not limited torules establishing repower or retrofit qualifications forpurposes of the tax credit established in section 47 ofthis 2007 Act.


(a) A requirement for the reduction of dieselparticulate matter emissions by at least 25 percentcompared with the baseline emissions for the relevantengine year and application;

(b) A list of technologies approved as qualifyingrepowers or retrofits that have been verified by theUnited States Environmental Protection Agency or theCalifornia Air Resources Board; and

(c) A requirement that a qualifying repower orretrofit does not include the repower or retrofit of avehicle or engine for which a tax credit under section47 of this 2007 Act has been allowed, unless the repoweror retrofit will reduce emissions further than the re-power or retrofit funded by the tax credit. [2007 c.843§44]


Sec. 44. (1) The Environmental Quality Commis-sion by rule shall establish standards for the qualifyingrepower of a nonroad Oregon diesel engine or retrofitof an Oregon diesel engine.


(a) A requirement for the reduction of dieselparticulate matter emissions by at least 25 percentcompared with the baseline emissions for the relevantengine year and application; and

(b) A list of technologies approved as qualifyingrepowers or retrofits that have been verified by theUnited States Environmental Protection Agency or theCalifornia Air Resources Board.

Sec. 50. (1) The Environmental Quality Commis-sion shall adopt rules to implement this section andsections 47, 48 and 51 of this 2007 Act, including rules:

(a) Imposing a nonrefundable application fee of $50for applications for cost certification of repowers orretrofits that qualify for the tax credit allowed undersection 47 of this 2007 Act.

(b) Imposing a nonrefundable application process-ing fee. The amount of the fee shall be the amount thatin the judgment of the commission is needed for theDepartment of Environmental Quality to recoup its ex-penses in administering the tax credit cost certificationunder section 51 of this 2007 Act.

(2) The Environmental Quality Commission shallconsult with the Department of Revenue prior toadopting or amending rules under this section. [2007c.843 §50]

Sec. 51. (1) A person seeking a tax credit undersection 47 of this 2007 Act or a person seeking totransfer a tax credit cost certification under section 48



of this 2007 Act shall first apply to the Department ofEnvironmental Quality for certification of the cost of arepower or retrofit of an engine that qualifies for thetax credit under section 47 of this 2007 Act.

(2) The application must contain the following in-formation:

(a) The name, address and taxpayer identificationnumber of the taxpayer;

(b) A statement that the engine on which the re-power or retrofit was performed is owned by the appli-cant and is intended to be an Oregon diesel engine;

(c) A description of the technologies used in therepower or retrofit that are sufficient for the departmentto determine if the repower or retrofit qualifies for thetax credit;

(d) Invoices or other documentation of the cost andpayment of the repower or retrofit; and

(e) Any other information required by the depart-ment or required under rules adopted by the Environ-mental Quality Commission.

(3) The taxpayer shall file the application withinone year following the date of the invoice for the qual-ifying repower or retrofit. The application may not beaccepted unless the application includes payment of thenonrefundable fees imposed under rules adopted undersection 50 of this 2007 Act.

(4) The department shall consider completed appli-cations and determine if the application describes a re-power or retrofit that qualifies for a tax credit undersection 47 of this 2007 Act and, if qualified, the certifiedcost of the repower or retrofit. In determining theamount of a tax credit under this section, the depart-ment shall reduce the incremental cost of a qualifyingrepower or retrofit by the value of any existing finan-cial incentive that directly reduces the cost of thequalifying repower or retrofit, including tax credits,grants, loans or any other public financial assistance.The department shall send written notice of the certifiedcost to the taxpayer. The department may not certifymore than $3 million of tax credits under this sectionduring each calendar year.

(5) If the department determines that a repower orretrofit does not qualify for a tax credit under section47 of this 2007 Act or certifies a lesser amount than wassought in the application, the taxpayer may appeal thedetermination as a contested case under ORS chapter183.

(6) The department shall deposit fees collected un-der this section in a miscellaneous receipts account es-tablished in the State Treasury for the benefit of thedepartment. Amounts in the account are continuouslyappropriated to the department for the purpose of re-imbursing the department for expenses incurred in ad-ministering this section. [2007 c.843 §51]

Sec. 52. Sections 47, 48, 50 and 51, chapter 843,Oregon Laws 2007, are repealed on January 2, 2012.[2007 c.843 §52; 2009 c.913 §9]

EMISSION REDUCTION CREDITBANKS

468A.820 Community emission re-duction credit banks; establishment;rules; credits. (1) The Department of Envi-ronmental Quality shall establish a commu-nity emission reduction credit bank uponwritten request to the department by the ap-propriate board or boards of county commis-sioners.

(2) The community emission reductioncredit bank shall be governed by rulesadopted by the Environmental Quality Com-mission. The validity of emission reductioncredits shall be determined by rule. The rulesshall include, but need not be limited to, thefollowing:

(a) Valid emission reduction credits cre-ated or banked within two years from thetime of actual emission reduction may betransferred to the community bank for up to10 years. The 10-year period shall begin atthe time of actual emission reduction.

(b) The department shall transfer validemission reduction credits to the communitybank upon written application from theholder of the credits.

(c) The department may not discountcredits banked under this section during any10-year period unless the commission finds itnecessary to discount the credits to attain ormaintain air quality standards.

(3) The community emission reductioncredit bank shall be administered by the ap-propriate board or boards of county commis-sioners, in coordination with the department.[2001 c.468 §1]

Note: 468A.820 was enacted into law by the Legis-lative Assembly but was not added to or made a partof ORS chapter 468A or any series therein by legislativeaction. See Preface to Oregon Revised Statutes for fur-ther explanation.

PENALTIES468A.990 Penalties for air pollution

offenses. (1) Violation of any rule or stan-dard adopted or any order issued by a re-gional authority relating to air pollution isa Class A misdemeanor.

(2) Unless otherwise provided, each dayof violation of any rule, standard or orderrelating to air pollution constitutes a sepa-rate offense.

(3) Violation of ORS 468A.610 or of anyrule adopted pursuant to ORS 468A.595 is aClass A misdemeanor. Each day of violationconstitutes a separate offense.

(4) Violation of the provisions of ORS468A.655 is a Class A misdemeanor. [Formerly468.995]

468A.992 Civil penalties for open fieldburning violations. (1) In addition to anyliability or penalty provided by law, the StateDepartment of Agriculture may impose acivil penalty on any person who fails tocomply with a provision of ORS 468A.555 to468A.620 or any rule adopted thereunder, ora permit issued under ORS 468A.555 to468A.620, relating to open field burning.



(2) The State Department of Agricultureshall impose any civil penalty under thissection in the same manner as the Depart-ment of Environmental Quality imposes and

collects a civil penalty under ORS 468.140.[1995 c.358 §2; 1997 c.249 §164]




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