Oregon Revised Statutes
As used in ORS chapters 468, 468A and 468B, unless the context requires otherwise: “Air-cleaning device” means any method, process or equipment which removes, reduces or renders less noxious air contaminants prior to their discharge in the atmosphere. “Air contaminant” means a dust, fume, gas, mist, odor, smoke, vapor, pollen, soot, carbon, acid or particu…
In the interest of the public health and welfare of the people, it is declared to be the public policy of the State of Oregon: To restore and maintain the quality of the air resources of the state in a condition as free from air pollution as is practicable, consistent with the overall public welfare of the state. To provide for a coordinated statewide prog…
It is the purpose of the air pollution laws contained in ORS 448.305, 454.010 to 454.040, 454.205 to 454.255, 454.505 to 454.535, 454.605 to 454.755 and ORS chapters 468, 468A and 468B to safeguard the air resources of the state by controlling, abating and preventing air pollution under a program which shall be consistent with the declaration of policy in th…
Except as provided in subsection (2) of this section, the air pollution laws contained in ORS chapters 468, 468A and 468B do not apply to: Agricultural operations, including but not limited to: Growing or harvesting crops; Raising fowl or animals; Clearing or grading agricultural land; Propagating and raising nursery stock; Propane flaming of mint stub…
By rule the Environmental Quality Commission may establish areas of the state and prescribe the degree of air pollution or air contamination that may be permitted therein, as air purity standards for such areas. In determining air purity standards, the commission shall consider the following factors: The quality or characteristics of air contaminants or th…
The several liabilities which may be imposed pursuant to ORS 448.305, 454.010 to 454.040, 454.205 to 454.255, 454.505 to 454.535, 454.605 to 454.755 and ORS chapters 468, 468A and 468B upon persons violating the provisions of any rule, standard or order of the Environmental Quality Commission pertaining to air pollution shall not be so construed as to includ…
Subject to policy direction by the Environmental Quality Commission, the Department of Environmental Quality shall prepare and develop a general comprehensive plan for the control or abatement of existing air pollution and for the control or prevention of new air pollution in any area of the state in which air pollution is found already existing or in danger…
By rule the Environmental Quality Commission may require permits for air contamination sources classified by type of air contaminants, by type of air contamination source or by area of the state. The permits shall be issued as provided in ORS 468.065. A permit subject to the federal operating permit program shall be issued in accordance with the rules adopte…
Without first obtaining a permit pursuant to ORS 468.065, 468A.040 or 468A.155, no person shall: Discharge, emit or allow to be discharged or emitted any air contaminant for which a permit is required under ORS 468A.040 into the outdoor atmosphere from any air contamination source. Construct, install, establish, develop, modify, enlarge or operate any air …
By rule the Environmental Quality Commission may classify air contamination sources according to levels and types of emissions and other characteristics which cause or tend to cause or contribute to air pollution and may require registration or reporting or both for any such class or classes. Any person in control of an air contamination source of any class…
The Environmental Quality Commission may require notice prior to the construction of new air contamination sources specified by class or classes in its rules or standards relating to air pollution. Within 30 days of receipt of such notice, the commission may require, as a condition precedent to approval of the construction, the submission of plans and speci…
Any person who complies with the provisions of ORS 468A.055 and receives notification that construction may proceed in accordance therewith is not thereby relieved from complying with any other applicable law, rule or standard.
Whenever under the provisions of ORS 468A.050 to 468A.070 rules or standards are adopted by either the Environmental Quality Commission or a regional authority, the commission or regional authority shall furnish to all building permit issuing agencies within its jurisdiction copies of such rules and standards.
Pursuant to rules adopted by the Environmental Quality Commission, the Department of Environmental Quality shall establish a program for measurement and testing of contamination sources and may perform such sampling or testing or may require any person in control of an air contamination source to perform the sampling or testing, subject to the provisions of …
The Environmental Quality Commission may grant specific variances which may be limited in time from the particular requirements of any rule or standard to such specific persons or class of persons or such specific air contamination source, upon such conditions as it may consider necessary to protect the public health and welfare. The commission shall grant s…
Upon issuance of a permit pursuant to ORS 522.115, the Director of the Department of Environmental Quality shall accept applications for such appropriate permits under air and water pollution control laws as are necessary for the drilling of a geothermal well for which the permit has been issued and shall, within 30 days, act upon such application. The dire…
The Environmental Quality Commission shall establish by rule periods during which open burning of vegetative debris from residential yard cleanup shall be allowed or disallowed based on daily air quality and meteorological conditions as determined by the Department of Environmental Quality. After June 30, 1982, the commission may prohibit residential open b…
REGIONAL AIR QUALITY CONTROL AUTHORITIES
As used in ORS 468A.010 and 468A.100 to 468A.180, unless the context requires otherwise: “Board of directors” means the board of directors of a regional air quality control authority. “Governing body” means the county court or city legislative body. “Participating city” or “participating county” means a city or county or part of a county, or combination t…
Notwithstanding the provisions of any law or charter to the contrary, a regional air quality control authority may be formed of contiguous territory having a population of at least 130,000 and consisting of two or more counties or parts of counties, two or more cities, or any combination thereof, or any county and a city or cities within the county. A regio…
The Environmental Quality Commission may waive the population requirement of ORS 468A.105 whenever it is satisfied that adequate financing is planned by the participating governments and that the boundaries of the proposed region encompass territory reasonably included within a regional authority for purposes of air quality control.
A regional air quality control authority is a body corporate, having perpetual succession and may: Sue and be sued. Adopt a seal. Acquire and hold real and other property necessary or incident to the exercise of its functions and sell or otherwise dispose of such property.
The board of directors of a regional air quality control authority shall consist of not fewer than five nor more than nine members, designated as follows: One member of the governing body of each participating county, to be designated by the governing body of the county. One member of the governing body of each participating city of 25,000 or more populati…
ORS 468A.120 applies to the designation of the members of the board of directors of a regional air quality control authority formed under a waiver authorized by ORS 468A.110. However, there shall be no maximum number of members and, in lieu of the members designated as provided in ORS 468A.120 (1)(b) to (d), members representing cities within the region shal…
The board of directors of the regional authority shall appoint an advisory committee which shall advise the board in matters pertaining to the region and particularly on methods and procedures for the protection of public health and welfare and of property from the adverse effects of air pollution. The advisory committee shall consist of at least seven memb…
When authorized to do so by the Environmental Quality Commission, a regional authority formed under ORS 468A.105 shall exercise the functions relating to air pollution control vested in the commission and the Department of Environmental Quality by ORS 468.020, 468.035, 468.065, 468.070, 468.090, 468.095, 468.120, 468.140, 468A.025, 468A.040, 468A.050, 468A.0…
The Environmental Quality Commission may assume and retain control over any class of air contamination source if it finds that such control is beyond the reasonable capabilities of the regional authorities because of the complexity or magnitude of the source. If the commission does assume or retain control over any class of air contamination source under su…
A regional authority may contract with the Environmental Quality Commission for the commission to retain all or part of the authority that would otherwise be granted to the regional authority under ORS 468A.135, subject to terms of the contract.
All public hearings other than those held prior to adoption of rules or standards shall be held by the board of directors or before any member or members of the board of directors or a hearing officer, as the board of directors may designate. Such hearings shall be conducted in the manner prescribed in ORS chapter 183. If a majority of the board of director…
The Environmental Quality Commission by rule may authorize regional authorities to issue permits for air contamination sources within their areas of jurisdiction. Permit programs established by regional authorities pursuant to subsection (1) of this section shall: Conform to the requirements of ORS 468.065, 468A.040, 468A.045 and 468A.300 to 468A.320; Be …
The territory of a regional authority may be expanded in the manner provided for forming regions by inclusion of an additional contiguous county or city if: All of the governing bodies of the participating counties and cities adopt ordinances or resolutions authorizing the inclusion of the additional territory; The governing body of the proposed county or …
The Environmental Quality Commission may require that necessary corrective measures be undertaken within a reasonable time if, after hearing, it finds that: A regional authority has failed to establish an adequate air quality control program within a reasonable time after its formation; or An air quality control program in force in the territory of a regio…
Any consultation and services provided to regional authorities or local air quality control programs by the Environmental Quality Commission may be paid for either from funds appropriated to the commission or under agreements between the parties on a reimbursable basis.
Subject to the availability of funds therefor: Any air quality control program conforming to the rules of the Environmental Quality Commission and operated by not more than one unit of local government shall be eligible for state aid in an amount not to exceed 30 percent of the locally funded annual operating cost thereof, not including any federal funds to…
A regional authority shall not be required to pay any filing, service or other fees or furnish any bond or undertaking upon appeal or otherwise in any action or proceedings in any court in this state in which it is a party or interested. CLIMATE CHANGE (Natural Climate Solutions)
As used in ORS 468A.183 to 468A.199: “Biological carbon sequestration” means the removal of carbon from the atmosphere by plants and microorganisms and storage of carbon dioxide in vegetation, such as grasslands, marshes or forests, or in soils and oceans. “Climate resilience” means the capability to anticipate, prepare for, respond to and recover from sig…
The Legislative Assembly declares that it is the policy of this state to: Implement strategies to advance natural climate solutions to mitigate the future impacts of climate change. Invest in research to improve our understanding of: The effects of natural climate solutions on natural and working lands; The climate, ecosystem and carbon benefits of produ…
The Natural and Working Lands Fund is established in the State Treasury, separate and distinct from the General Fund. Interest earned by the Natural and Working Lands Fund shall be credited to the fund. The Natural and Working Lands Fund consists of moneys appropriated to the fund by the Legislative Assembly and moneys deposited in the fund from any other p…
The Oregon Climate Action Commission shall annually determine amounts to be allocated from the Natural and Working Lands Fund. The commission shall evaluate the following factors when determining amounts to allocate under this subsection: The expected ability of each agency to carry out programs or other activities under this section; and The degree to whi…
No later than December 1 of each even-numbered year, the Oregon Climate Action Commission, in consultation with the State Department of Energy, the State Department of Agriculture, the State Forestry Department, the State Department of Fish and Wildlife and the Oregon Watershed Enhancement Board, shall submit a report, in the manner provided by ORS 192.245, …
The State Department of Energy and the Oregon Climate Action Commission shall, in coordination with the State Forestry Department, the State Department of Agriculture, the State Department of Fish and Wildlife, the Oregon Watershed Enhancement Board, the Department of State Lands, the State Parks and Recreation Department and the Department of Land Conservat…
The State Department of Energy and the Oregon Climate Action Commission, in coordination with the State Forestry Department, the State Department of Agriculture, the Oregon Watershed Enhancement Board, the Department of State Lands, the Department of Land Conservation and Development and federal land management partners, shall develop a natural and working l…
The Oregon Climate Action Commission may appoint a natural and working lands advisory committee to advise the commission in the performance of the commission’s duties under ORS 468A.183 to 468A.199. The commission shall seek recommendations for committee members from industry and advocacy associations where appropriate. The advisory committee shall consist …
The Oregon Climate Action Commission shall establish a process for consultation with representatives of federally recognized Indian tribes in this state to advise the commission on the performance of its duties under ORS 468A.183 to 468A.199, including the identification of opportunities to support indigenous practices and knowledge from tribal nations to se…
The Legislative Assembly finds that: In December 2004 the Governor’s Advisory Group on Global Warming issued its report calling for immediate and significant action to address global warming, to reduce Oregon’s exposure to the risks of global warming and to begin to prepare for the effects of global warming. The advisory group also identified 46 specific re…
The Legislative Assembly declares that it is the policy of this state to reduce greenhouse gas emissions in Oregon pursuant to the following greenhouse gas emissions reduction goals: By 2010, arrest the growth of Oregon’s greenhouse gas emissions and begin to reduce greenhouse gas emissions. By 2020, achieve greenhouse gas levels that are 10 percent below …
As used in ORS 468A.200 to 468A.260: “Global warming” means an increase in the average temperature of the earth’s atmosphere that is associated with the release of greenhouse gases. “Greenhouse gas” means any gas that contributes to anthropogenic global warming including, but not limited to, carbon dioxide, methane, nitrous oxide, hydrofluorocarbons, perfl…
There is created the Oregon Climate Action Commission. The commission shall consist of 35 members, including 13 voting members appointed by the Governor under this section and 22 nonvoting members specified in ORS 468A.220. Members of the commission appointed under this section shall be appointed so as to be representative of the social, environmental, cult…
In addition to the members appointed under ORS 468A.215, the Oregon Climate Action Commission includes the following nonvoting members: The Director of the State Department of Energy; The Director of Transportation; The chairperson of the Public Utility Commission of Oregon; The Director of the Department of Environmental Quality; The Director of Agricu…
A majority of the voting members of the Oregon Climate Action Commission constitutes a quorum for the transaction of business. The commission shall meet at times and places specified by a majority of the members of the commission. The State Department of Energy shall provide clerical, technical and management personnel to serve the commission. In order to…
The Oregon Climate Action Commission may adopt by rule such standards and procedures as it considers necessary for the operation of the commission. Note: See note under 468A.200.
The Oregon Climate Action Commission shall recommend ways to coordinate state and local efforts to reduce greenhouse gas emissions in Oregon consistent with the greenhouse gas emissions reduction goals established by ORS 468A.205 and shall recommend efforts to help Oregon prepare for the effects of global warming. The Office of the Governor and state agencie…
In furtherance of the greenhouse gas emissions reduction goals established by ORS 468A.205, the Oregon Climate Action Commission may recommend statutory and administrative changes, policy measures and other recommendations to be carried out by state and local governments, businesses, nonprofit organizations or residents. In developing its recommendations, th…
The Oregon Climate Action Commission shall develop an outreach strategy to educate Oregonians about the scientific aspects and economic impacts of global warming and to inform Oregonians of ways to reduce greenhouse gas emissions and ways to prepare for the effects of global warming. The commission, at a minimum, shall work with state and local governments, …
The Oregon Climate Action Commission shall track and evaluate: Economic, environmental, health and social assessments of global warming impacts on Oregon and the Pacific Northwest; Existing greenhouse gas emissions reduction policies and measures; Economic, environmental, health and social costs, and the risks and benefits of alternative strategies, inclu…
The Oregon Climate Action Commission may recommend to the Governor the formation of citizen advisory groups to explore particular areas of concern with regard to the reduction of greenhouse gas emissions and the effects of global warming. Note: See note under 468A.200.
The Oregon Climate Action Commission shall submit a report to the Legislative Assembly, in the manner provided by ORS 192.245, by December 1 of each even-numbered year that describes Oregon’s progress toward achievement of the greenhouse gas emissions reduction goals established by ORS 468A.205. The report may include relevant issues and trends of significan…
As used in ORS 468A.265 to 468A.277: “Biodiesel” means a motor vehicle fuel consisting of mono-alkyl esters of long chain fatty acids derived from vegetable oils, animal fats or other nonpetroleum resources, not including palm oil. “Clean fuels program” means the program adopted by rule by the Environmental Quality Commission under ORS 468A.266 (1)(b). “C…
The Environmental Quality Commission, by rule: Shall adopt low carbon fuel standards for gasoline, diesel and fuels used as substitutes or alternatives for gasoline or diesel; and Shall adopt a clean fuels program for facilitating compliance with the low carbon fuel standards and for managing and containing the costs of compliance with the low carbon fuel …
The Environmental Quality Commission by rule shall prohibit fuel that consists entirely of biodiesel, designated as B100, from being considered a low carbon fuel under the low carbon fuel standards unless the fuel complies with ASTM D 6751 and has an oxidation stability induction period of not less than eight hours as determined by the test method described …
The clean fuels program adopted by the Environmental Quality Commission by rule under ORS 468A.266 must be designed such that: Regulated parties generate deficits and may reconcile the deficits, and thus comply with the low carbon fuel standards for a compliance period, by obtaining and retiring credits; Regulated parties and credit generators may generate…
The division of the Oregon Department of Administrative Services that serves as office of economic analysis shall annually coordinate with the Department of Environmental Quality to develop a fuel supply forecast to project the availability of fuels to Oregon necessary for compliance with the low carbon fuel standards. The fuel supply forecast shall include,…
No later than 30 calendar days before the commencement of a compliance period, the Department of Environmental Quality shall issue an order declaring a forecast deferral if the fuel supply forecast developed under ORS 468A.272 projects that the amount of credits that will be available during the forecast compliance period will be less than 100 percent of the…
The Department of Environmental Quality shall issue an order declaring an emergency deferral: No later than 15 calendar days after the date that the department determines that: There is a known shortage of a fuel or low carbon fuel that is needed for regulated parties to comply with the low carbon fuel standard; and The magnitude of the shortage of that f…
The clean fuels program adopted by the Environmental Quality Commission by rule under ORS 468A.266 must include provisions necessary for the Department of Environmental Quality to hold credit clearance markets as a means to facilitate compliance with the low carbon fuel standards. The department shall hold a credit clearance market for any compliance period…
In addition to rules adopted under ORS 468A.266 and 468A.268, the Environmental Quality Commission may adopt rules necessary to carry out the provisions of ORS 468A.265 to 468A.277, including but not limited to standards for persons to qualify for exemptions provided for in subsection (2) of this section. The provisions of ORS 468A.265 to 468A.277 do not ap…
As used in this section: “Greenhouse gas” has the meaning given that term in ORS 468A.210. “Motor vehicle” has the meaning given that term in ORS 801.360. The Environmental Quality Commission may adopt by rule standards and requirements described in this section to reduce greenhouse gas emissions. The commission may adopt requirements to prevent the tamp…
In addition to any registration and reporting that may be required under ORS 468A.050, the Environmental Quality Commission by rule may require registration and reporting by: Any person who imports, sells, allocates or distributes for use in this state electricity, the generation of which emits greenhouse gases. Any person who imports, sells or distributes…
The University of Oregon, after consultation with the Oregon State University Extension Service, shall, to the extent possible with any moneys received under subsection (3) of this section: Implement the Oregon Climate Corps through the University of Oregon Institute for a Sustainable Environment Climate Masters program to help Oregon residents, businesses …
The Oregon Climate Corps Fund is established in the State Treasury, separate and distinct from the General Fund. Interest earned by the Oregon Climate Corps Fund shall be credited to the fund. Moneys in the fund are continuously appropriated to the University of Oregon for the purposes specified in ORS 468A.290. Note: See note under 468A.290.
As used in this section and ORS 468A.298: “Climate protection program” means the program to reduce greenhouse gas emissions from certain air contamination sources in Oregon, first adopted by the Environmental Quality Commission by rule on December 16, 2021. “Community climate investment entity” means a nonprofit organization that has been approved by the D…
The Community Climate Investment Oversight Account is established, separate and distinct from the General Fund. The account consists of moneys deposited into the account under ORS 468A.295 and moneys transferred or appropriated to the account by the Legislative Assembly. Interest earned by the account shall be credited to the account. All moneys in the accou…
As used in ORS 468.065, 468A.040, 468A.300 to 468A.330, 468A.345, 468A.415, 468A.420 and 468A.460 to 468A.515: “Administrator” means the administrator of the United States Environmental Protection Agency. “Clean Air Act” means P.L. 88-206 as amended. “Federal operating permit program” means the program established by the Environmental Quality Commission a…
The Legislative Assembly declares the purpose of ORS 184.730, 184.733, 468.065, 468A.020, 468A.040, 468A.045, 468A.155, 468A.300 to 468A.330, 468A.415, 468A.420 and 468A.485 to 468A.515 is to: Insure that the state meets its minimum obligations under the Clean Air Act Amendments of 1990. Avoid direct regulation of industrial sources of air pollution throug…
The Department of Environmental Quality shall prepare and submit to the Administrator of the United States Environmental Protection Agency for approval a federal operating permit program as required to implement Title V. The Environmental Quality Commission and the department may seek interim or partial approval if appropriate. The commission shall adopt ru…
The fee schedule required under ORS 468.065 (2) for a source subject to the federal operating permit program shall be based on a schedule established by rule by the Environmental Quality Commission in accordance with this section. Except for the additional fees under subsection (3)(e) of this section and ORS 468A.345, this fee schedule shall be in lieu of an…
The Department of Environmental Quality may not, pursuant to the federal operating permit program established under ORS 468A.315, require an air curtain incinerator to have a Title V operating permit if the air curtain incinerator: Burns only wood waste, clean lumber or yard waste; and Is not otherwise required to obtain a Title V operating permit under th…
The Department of Environmental Quality shall establish a method to account for the costs of the federal operating permit program. The method shall, at a minimum, account for costs incurred for each element of the program as described in section 502(b)(3)(A)(i) through (vi) of the Clean Air Act. In accounting for the costs of the federal operating permit pro…
Nothing in ORS 468A.040, 468A.300 to 468A.320 or this section shall require the Environmental Quality Commission or Department of Environmental Quality to make less stringent any existing element of the state’s air pollution control program. To the maximum extent possible under federal laws and regulations and within budgetary constraints, the department sh…
Prior to the adoption, amendment or repeal of any rule pursuant to ORS chapter 183 that applies to any facility required to pay fees under ORS 468A.315, the Environmental Quality Commission shall include with the notice of intended action required under ORS 183.335 (1) a statement of whether the intended action imposes requirements in addition to the applica…
Because of the extraordinary effect that the federal operating permit program may have on small business, there is hereby established within the Department of Environmental Quality a Small Business Stationary Source Technical and Environmental Compliance Assistance Program in accordance with section 507 of the Clean Air Act. This program shall include each e…
As used in ORS 468A.335 to 468A.343 and section 7, chapter 102, Oregon Laws 2018: “Benchmark for excess lifetime cancer risk” means: For a new or reconstructed air contamination source, an excess lifetime cancer risk level of 10 in one million. For an existing air contamination source, an excess lifetime cancer risk level of 50 in one million. “Benchmark…
The Environmental Quality Commission may adopt a program and rules to reduce public health risks from emissions of toxic air contaminants from individual stationary industrial and commercial air contamination sources. The program and rules adopted under this section may be in addition to any other programs or rules adopted pursuant to ORS chapter 468A. Exce…
The Environmental Quality Commission may establish by rule a pilot program for evaluating and controlling public health risks from toxic air contaminant emissions from multiple stationary air contamination sources. The requirements of a pilot program adopted under this section shall be in addition to, and not in lieu of, any requirements applicable to a pers…
The Clean Communities Fund is established in the State Treasury, separate and distinct from the General Fund. Interest earned by the Clean Communities Fund shall be credited to the fund. The Clean Communities Fund consists of moneys deposited in the fund pursuant to ORS 468A.339 and any other moneys deposited in the fund from any other public or private sou…
The Department of Environmental Quality shall hold any public meeting required by rules adopted pursuant to ORS 468A.335 to 468A.343 and section 7, chapter 102, Oregon Laws 2018. At least one representative of a person in control of an air contamination source for which a permit or plan will be discussed at a public meeting required by a rule adopted under O…
The fee schedules authorized under ORS 468.065 (2) for permits described in subsection (2) of this section may include fees that are reasonably calculated to cover the direct and indirect costs of the Department of Environmental Quality and the Environmental Quality Commission in developing and implementing, under ORS 468A.335 to 468A.343 and section 7, chap…
As used in ORS 468A.350 to 468A.400: “Certified system” means a motor vehicle pollution control system for which a certificate of approval has been issued under ORS 468A.365 (3). “Factory-installed system” means a motor vehicle pollution control system installed by the manufacturer which meets criteria for emission of pollutants in effect under federal law…
For purposes of ORS 468A.350 to 468A.400, the Legislative Assembly finds: That the emission of pollutants from motor vehicles is a significant cause of air pollution in many portions of this state. That the control and elimination of such pollutants are of prime importance for the protection and preservation of the public health, safety and well-being and …
After public hearing and in accordance with the applicable provisions of ORS chapter 183, the Environmental Quality Commission may adopt motor vehicle emission standards. For the purposes of this section, the commission may include, as a part of such standards, any standards for the control of noise emissions adopted pursuant to ORS 467.030. The commission …
The Legislative Assembly declares the purpose of ORS 468A.363, 468A.365, 468A.400 and 815.300 is to: Insure that the health of citizens in the Portland area is not threatened by recurring air pollution conditions. Provide necessary authority to the Environmental Quality Commission to implement one of the critical elements of the air quality maintenance str…
The Environmental Quality Commission shall: Determine and adopt by rule criteria for certification of motor vehicle pollution control systems. In determining the criteria the commission shall consider the following: The experience of any other state or the federal government; The cost of the system and of its installation; The durability of the system; …
The Environmental Quality Commission shall determine the most cost-effective method of conducting a motor vehicle pollution control system inspection program as required by ORS 468A.365. Upon finding that savings to the public and increased efficiency would result and the quality of the program would be adequately maintained, the commission may contract with…
The Department of Environmental Quality shall notify the Department of Transportation and the Oregon State Police whenever certificates of approval for motor vehicle pollution control systems are approved, revoked, suspended or restricted by the Environmental Quality Commission.
The Environmental Quality Commission by rule may: Establish criteria and examinations for the qualification of persons eligible to inspect motor vehicles and motor vehicle pollution control systems and execute the certificates described under ORS 815.310, and for the procedures to be followed in such inspections. Establish criteria and examinations for the…
The Environmental Quality Commission shall establish and maintain procedures and programs for determining whether motor vehicles meet the minimum requirements necessary to secure a certificate under ORS 815.310. Such procedures and programs include, but are not limited to, the installation of a certified system and the adjustment, tune-up, or other mechanic…
The Department of Environmental Quality shall establish flexible weekday operating schedules for testing stations that conduct motor vehicle pollution control system inspections described under ORS 468A.365 that extend the hours of operation beyond 5 p.m. for some testing stations for some days of the week. After determining the hours of operation for testi…
If the need for a motor vehicle pollution control system inspection program is identified for an area in the State of Oregon Clean Air Act Implementation Plan, then the Environmental Quality Commission, by rule, shall designate boundaries, in addition to the areas specified in ORS 815.300 (2)(a) and (b), within which motor vehicles are subject to the require…
Any person licensed to issue certificates of compliance pursuant to ORS 468A.380 shall file with the Department of Environmental Quality a surety bond or an irrevocable letter of credit issued by an insured institution, as defined in ORS 706.008. The bond or letter of credit shall be executed to the State of Oregon in the sum of $1,000. It shall be approved …
The Department of Environmental Quality shall: Establish and collect fees for application, examination and licensing of persons, equipment, apparatus or methods in accordance with ORS 468A.380 and within the following limits: The fee for licensing shall not exceed $5. The fee for renewal of licenses shall not exceed $1. Establish fees for the issuance of…
The Environmental Quality Commission and regional air pollution control authorities organized pursuant to ORS 448.305, 454.010 to 454.040, 454.205 to 454.255, 454.505 to 454.535, 454.605 to 454.755 and ORS chapters 468, 468A and 468B by rule may regulate, limit, control or prohibit motor vehicle operation and traffic as necessary for the control of air pollu…
Cities, counties, municipal corporations and other agencies, including the Department of State Police and the Department of Transportation, shall cooperate with the Environmental Quality Commission and regional air pollution control authorities in the administration and enforcement of the terms of any rule adopted pursuant to ORS 468A.405.
The Legislative Assembly finds that extending additional statewide controls and fees on industrial and motor vehicle sources of air pollution may not be sufficient to attain and maintain desired air quality standards in the Portland-Vancouver air quality maintenance area. Additional approaches are needed to address growth in vehicle miles of travel that sati…
The Environmental Quality Commission shall adopt rules consistent with section 211 of the Clean Air Act to require oxygenated motor vehicle fuels to be used in any carbon monoxide nonattainment area in the state. The rules adopted under subsection (1) of this section shall require: Oxygenated fuels to be used during any portion of the year during which the…
The Oregon State Police, the county sheriff and municipal police are authorized to use such reasonable force as is required in the enforcement of any rule adopted pursuant to ORS 468A.405 and may take such reasonable steps as are required to assure compliance therewith, including but not limited to: Locating appropriate signs and signals for detouring, proh…
In the interest of the public health and welfare it is the policy of the State of Oregon to control, reduce and prevent air pollution caused by solid fuel burning devices. The Legislative Assembly declares that it is also the policy of the State of Oregon to reduce solid fuel burning device emissions by encouraging the Department of Environmental Quality to …
A person may not advertise to sell, offer to sell or sell a new solid fuel burning device in Oregon unless, pursuant to rules adopted by the Environmental Quality Commission, the Department of Environmental Quality certifies that the device meets emission performance standards, certification labeling standards and all other requirements set forth in rules ad…
A person may not cause or allow any of the following materials to be burned in a solid fuel burning device, a masonry heater, a pellet stove, a trash burner or any device described in ORS 468A.485 (4)(b): Garbage; Treated wood; Plastic or plastic products; Rubber or rubber products; Animal carcasses; Products that contain asphalt; Waste petroleum prod…
As used in ORS 468A.460 to 468A.515: “Masonry heater” has the meaning given that term in the American Society for Testing and Materials (ASTM) E1602-03, Standard Guide for Construction of Solid Fuel Burning Masonry Heaters, as in effect on January 1, 2010, or the meaning given that term by rule of the Environmental Quality Commission. “Pellet stove” means …
There is established within the State Treasury a fund known as the Residential Solid Fuel Heating Air Quality Improvement Fund, separate and distinct from the General Fund. All moneys appropriated or received from any source, public or private, for the purpose of reducing the emission of air contaminants from solid fuel burning devices shall be credited to …
The state building code under ORS 455.010 shall prohibit installations of used solid fuel burning devices, except devices that were certified for sale as new: By the United States Environmental Protection Agency pursuant to 40 C.F.R. part 60, subpart AAA; or By the Department of Environmental Quality pursuant to ORS 468A.465. Notwithstanding subsection (1…
A person may not advertise for sale, offer to sell or sell, within this state, a used solid fuel burning device unless the device was certified for sale as new: By the United States Environmental Protection Agency pursuant to 40 C.F.R. part 60, subpart AAA; or By the Department of Environmental Quality pursuant to ORS 468A.465. Notwithstanding subsection …
In connection with the sale of a residential structure, all used solid fuel burning devices, other than cookstoves, in the residential structure or on the real property sold with the residential structure, must be removed and destroyed unless the solid fuel burning devices were certified for sale as new: By the United States Environmental Protection Agency …
If a local government or regional authority has not adopted or is not adequately implementing a curtailment program in any area of the state where such a program is required under the Clean Air Act, the Environmental Quality Commission may adopt by rule, and the Department of Environmental Quality may operate and enforce, a program to curtail residential sol…
FIELD BURNING AND PROPANE FLAMING
As used in ORS 468A.550 to 468A.620 and 468A.992: “Field burning” and “open field burning” do not include: Propane flaming of mint stubble; or Stack or pile burning of residue from Christmas trees as defined in ORS 571.505. “Research and development of alternatives to field burning” includes, but is not limited to, projects concerned with cultural practi…
The Legislative Assembly declares it to be the public policy of this state to reduce the practice of open field burning while developing and providing alternative methods of field sanitization and alternative methods of utilizing and marketing crop residues.
Except for the fee imposed under ORS 468A.615 (1)(c), the provisions of ORS 468A.550 to 468A.620 and 468A.992 shall apply only to open field burning, propane flaming and stack or pile burning of grass seed crop residues or cereal grain crop residues on acreage located in Multnomah, Washington, Clackamas, Marion, Polk, Yamhill, Linn, Benton and Lane Counties.
Notwithstanding any provision of ORS 468A.550 to 468A.620 and 468A.992, any acreage sanitized by the use of an alternative thermal field sanitizer certified by the Environmental Quality Commission and the Director of Agriculture shall be exempt from the provisions of ORS 468A.550 to 468A.620 and 468A.992.
As used in this section: “Marginal conditions” means atmospheric conditions such that smoke and particulate matter escape into the upper atmosphere with some difficulty but not such that limited additional smoke and particulate matter would constitute a danger to the public health and safety. “Marginal day” means a day on which marginal conditions exist. …
Permits for open burning, propane flaming or stack or pile burning of the residue from perennial grass seed crops, annual grass seed crops and cereal grain crops are required in the counties listed in ORS 468A.560. Permits shall be issued in accordance with rules adopted by the Environmental Quality Commission and subject to the fee prescribed in ORS 468A.61…
Permits under ORS 468A.575 for open field burning of cereal grain crops shall be issued in the counties listed in ORS 468A.560 only if the person seeking the permit submits to the issuing authority a signed statement under oath or affirmation that the acreage to be burned will be planted to seed crops other than cereal grains which require flame sanitation f…
The Environmental Quality Commission shall enter into a memorandum of understanding with the State Department of Agriculture that provides for the State Department of Agriculture to operate all of the field burning program. Subject to the terms of the memorandum of understanding required by subsection (1) of this section, the State Department of Agriculture…
Pursuant to the memorandum of understanding established under ORS 468A.585, the State Department of Agriculture: Shall: Conduct the smoke management program established by rule by the Environmental Quality Commission as it pertains to open field burning, propane flaming and stack or pile burning. Aid fire districts and permit agents in carrying out their …
In order to regulate open field burning pursuant to ORS 468A.550 to 468A.620: In such areas of the state and for such periods of time as it considers necessary to carry out the policy of ORS 468A.010, the Environmental Quality Commission by rule may prohibit, restrict or limit classes, types and extent and amount of burning for perennial grass seed crops, a…
Unless otherwise specifically agreed by the parties, after straw is removed from the fields of the grower, the responsibility for the further disposition of the straw, including burning or disposal, shall be upon the person who bales or removes the straw.
The Environmental Quality Commission shall establish standards of practice and performance for open field burning, propane flaming, stack or pile burning and certified alternative methods to open field burning.
The Department of Environmental Quality, in coordinating efforts under ORS 468.140, 468.150, 468A.020, 468A.555 to 468A.620 and 468A.992, shall: Enforce all field burning rules adopted by the Environmental Quality Commission and all related statutes; and Monitor and prevent unlawful field burning.
Except as provided under ORS 468A.620, no person shall open burn or cause to be open burned, propane flamed or stack or pile burned in the counties listed in ORS 468A.560, perennial or annual grass seed crop residue or cereal grain crop residue, unless the acreage has been registered under ORS 468A.615 and the permits required by ORS 468A.575, 476.380 and 47…
Notwithstanding any other provision of ORS 468A.550 to 468A.620, the Environmental Quality Commission by rule may prohibit field burning of grass seed crop residues or cereal grain crop residues in areas determined by the commission to be critical nonburn areas. The prohibition may be permanent or for a limited period of time. To ensure that the provision o…
On or before April 1 of each year, the grower of a grass seed crop shall register with the county court or board of county commissioners, the fire chief of a rural fire protection district, the designated representative of the fire chief or other responsible persons the number of acres to be open burned or propane flamed in the remainder of the year. At the …
For the purpose of improving by demonstration or investigation the environmental or agronomic effects of alternative methods of field sanitization, the Environmental Quality Commission shall by rule allow experimental field sanitization under the direction of the Department of Environmental Quality for up to 1,000 acres of perennial grass seed crops, annual …
As used in ORS 468A.630 to 468A.645: “Chlorofluorocarbons” includes: CFC-11 (trichlorofluoromethane); CFC-12 (dichlorodifluoromethane); CFC-113 (trichlorotrifluoroethane); CFC-114 (dichlorotetrafluoroethane); and CFC-115 ((mono)chloropentafluoro-ethane). “Halon” includes: Halon-1211 (bromochlorodifluoro-ethane); Halon-1301 (bromotrifluoroethane); an…
The Legislative Assembly finds and declares that chlorofluorocarbons and halons are being unnecessarily released into the atmosphere, destroying the Earth’s protective ozone layer and causing damage to all life. It is therefore declared to be the policy of the State of Oregon to: Reduce the use of these compounds; Recycle these compounds in use; and Enco…
After July 1, 1990, no person shall sell at wholesale, and after January 1, 1991, no person shall sell any of the following: Chlorofluorocarbon coolant for motor vehicles in containers with a total weight of less than 15 pounds. Handheld halon fire extinguishers for residential use. Party streamers and noisemakers that contain chlorofluorocarbons. Electr…
Subject to available funding, the Department of Environmental Quality may establish a program to carry out the purposes of ORS 468A.625 to 468A.645, including enforcement of the provisions of ORS 468A.635.
The State Fire Marshal shall establish a program to minimize the unnecessary release of halons into the environment by providing guidelines for alternatives to full-scale dump testing procedures for industrial halon-based fire extinguishing systems. AEROSOL SPRAY CONTROL
The Legislative Assembly finds that: Scientific studies have revealed that certain chlorofluorocarbon compounds used in aerosol sprays may be destroying the ozone layer in the earth’s stratosphere; The ozone layer is vital to life on earth, preventing approximately 99 percent of the sun’s mid-ultraviolet radiation from reaching the earth’s surface; Increa…
Unless otherwise provided by law, after March 1, 1977, no person shall sell or offer to sell or give as a sales inducement in this state any aerosol spray which contains as a propellant trichloromonofluoromethane, difluorodichloromethane or any other saturated chlorofluorocarbon compound not containing hydrogen. Nothing in this section prohibits the sale of…
Nothing in ORS 468A.655 shall prevent wholesale transactions, including but not limited to the transportation, warehousing, sale, and delivery of any aerosol spray described in ORS 468A.655 (1). ASBESTOS ABATEMENT PROJECTS
As used in ORS 468A.700 to 468A.760: “Accredited” means a provider of asbestos abatement training courses is authorized by the Department of Environmental Quality to offer training courses that satisfy department requirements for contractor licensing and worker training. “Agent” means an individual who works on an asbestos abatement project for a contracto…
The Legislative Assembly finds and declares that: Asbestos-containing material in a friable condition, or when physically or chemically altered, can release asbestos fibers into the air. Asbestos fibers are respiratory hazards proven to cause lung cancer, mesothelioma and asbestosis and as such, are a danger to the public health. There is no known minimal …
The Environmental Quality Commission by rule shall: Establish an asbestos abatement program that assures the proper and safe abatement of asbestos hazards through contractor licensing and worker training. Establish the date after which a contractor must be licensed under ORS 468A.720 and a worker must hold a certificate under ORS 468A.730. Establish crite…
Except as provided in ORS 468A.707 (1)(c) and (3), after the Environmental Quality Commission adopts rules under ORS 468A.707 and 468A.745, no contractor shall work on an asbestos abatement project unless the contractor holds a license issued by the Department of Environmental Quality under ORS 468A.720. A contractor carrying out an asbestos abatement proje…
Except as provided in subsection (2) of this section, an owner or operator of a facility containing asbestos shall require only licensed contractors to perform asbestos abatement projects. A facility owner or operator whose own employees maintain, repair, renovate or demolish the facility may allow the employees to work on asbestos abatement projects only i…
As used in this section, “related person” means: A contractor’s current corporate officers, managers, members of the board of directors, general partners or other persons who exercise substantial control on behalf of or over a contractor; Parent corporations, or similar business entities, that exercise substantial control over the contractor; or Subsidiar…
As used in this section, “related person” has the meaning given that term in ORS 468A.720. The Department of Environmental Quality may suspend or revoke an asbestos abatement license issued to a contractor under ORS 468A.720 if the licensee: Fraudulently obtains or attempts to obtain a license. Fails at any time to satisfy the qualifications for a license…
Except as provided in ORS 468A.707 (1)(c) and (3), after the Environmental Quality Commission adopts rules under ORS 468A.745, no worker shall work on an asbestos abatement project unless the person holds a certificate issued by the Department of Environmental Quality or the department’s authorized representative under subsection (2) of this section. The de…
Subject to the direction of the Environmental Quality Commission, the Director of the Department of Environmental Quality may approve, on a case-by-case basis, an alternative to a specific worker and public health protection requirement for an asbestos abatement project if the contractor or facility owner or operator submits a written description of the alte…
The Environmental Quality Commission by rule shall provide for accreditation of courses that satisfy training requirements contractors must comply with to qualify for an asbestos abatement license under ORS 468A.720 and courses that workers must successfully complete to become certified under ORS 468A.730. The accreditation requirements established by the c…
The Environmental Quality Commission shall adopt rules to carry out its duties under ORS 279B.055 (2)(g), 279B.060 (2)(g), 279C.365 (1)(j), 468A.135 and 468A.700 to 468A.760. In addition, the commission may: Allow variances from the provisions of ORS 468A.700 to 468A.755 in the same manner variances are granted under ORS 468A.075. Establish training requir…
By rule and after hearing, the Environmental Quality Commission shall establish a schedule of fees for: Licenses issued under ORS 468A.720; Worker certification under ORS 468A.730; Training course accreditation under ORS 468A.740; and Notices of intent to perform an asbestos abatement project under ORS 468A.745 (7). The fees established under subsection…
Except as provided in subsection (2) of this section, ORS 468A.700 to 468A.750 do not apply to an asbestos abatement project in a private residence if: The residence is occupied by the owner; and The owner occupant is performing the asbestos abatement work. Any person exempt from ORS 468A.700 to 468A.750 under subsection (1) of this section shall handle a…
The Environmental Quality Commission shall adopt rules prohibiting the demolition of a residence or residential building unless an asbestos survey has been conducted by an inspector accredited in accordance with rules adopted by the commission for the purpose of determining whether asbestos-containing materials are present at the residence or residential bui…
Any public agency requesting bids or proposals for a proposed project shall first make a determination of whether or not the project requires a contractor licensed under ORS 468A.720. The public agency shall include such requirement in the bid or proposal advertisement under ORS 279B.055 (2)(g), 279B.060 (2)(g) and 279C.365 (1)(j). INDOOR AIR POLLUTION CONT…
The Environmental Quality Commission shall establish a voluntary accreditation program for those providing indoor air quality sampling services or ventilation system evaluations for public areas, office workplaces or private residences. Provisions shall be made to accept accreditation of other state programs if they are comparable with the accreditation prog…
The Environmental Quality Commission shall establish by rule a schedule of annual fees, not to exceed $500 per participating contractor, to pay the Department of Environmental Quality’s costs in operating the: Voluntary accreditation program under ORS 468A.775 (1); and Voluntary contractor certification program under ORS 468A.775 (2). Note: See note under…
Upon the advice of the Indoor Air Pollution Task Force, the Environmental Quality Commission may establish a pilot program for any product designed for household or office use that is not adequately regulated by federal law that may be a threat to human health by contaminating indoor air. The Environmental Quality Commission may establish a voluntary produc…
The Environmental Quality Commission and the State Department of Agriculture shall enter into a memorandum of understanding that addresses the administration and enforcement of air quality laws contained in this chapter that apply to agricultural operations and equipment. The terms of the memorandum of understanding must be consistent with the obligations of…
The Environmental Quality Commission shall establish a goal to reduce excess lifetime risk of cancer due to exposure to diesel engine emissions to no more than one case per million individuals by 2017. In setting the goal, the commission shall include a target to substantially reduce the risk to school children from diesel engine emissions produced by Oregon…
As used in ORS 468A.795 to 468A.807: “Alternative fuel” means biofuels, biogas, natural gas, liquefied petroleum gas, hydrogen and electricity. “Best available exhaust control technology” means the most effective exhaust controls to reduce diesel particulate that rely on passively regenerated diesel particulate control technology supported in a vehicle’s n…
All school buses powered by diesel engines operated in Oregon must, by January 1, 2026, be: Repowered with an engine meeting 2007 fine particulate matter federal exhaust emission standards for diesel heavy-duty engines as set forth in 40 C.F.R. 86.007-11; Retrofitted: If retrofitted prior to August 15, 2017, with best available exhaust control technology;…
The Environmental Quality Commission by rule shall establish standards related to the certified cost necessary to perform a qualifying replacement, repower or retrofit. For the purposes of subsection (1) of this section, certified cost: May not exceed the incremental cost of labor and hardware that the Department of Environmental Quality finds necessary to…
The Environmental Quality Commission by rule shall establish standards for qualifying replacements, repowers and retrofits. The standards adopted by the commission under this section must require, at a minimum: For the qualifying replacement of a motor vehicle powered by a diesel engine, that: The motor vehicle to be scrapped has at least three years of r…
The Clean Diesel Engine Fund is established in the State Treasury separate and distinct from the General Fund. Interest earned by the Clean Diesel Engine Fund shall be credited to the fund. The moneys in the fund are continuously appropriated to the Department of Environmental Quality to be used for the purposes described in ORS 468A.803. The Clean Diesel E…
The Department of Environmental Quality shall use the moneys in the Clean Diesel Engine Fund to award: Grants and loans to the owners and operators of motor vehicles powered by diesel engines, and equipment powered by nonroad diesel engines, for up to 25 percent of the certified costs of qualifying replacements as described in ORS 468A.797 and 468A.799; Gr…
Subject to and consistent with ORS 468A.803 (8) and with the terms of the Environmental Mitigation Trust Agreement, any moneys received by the State of Oregon pursuant to the agreement that are deposited in the Clean Diesel Engine Fund under ORS 468A.801 must be expended by the Department of Environmental Quality as follows: The department shall award grant…
The Environmental Quality Commission shall adopt rules necessary to implement ORS 468A.795 to 468A.807. Rules adopted under this section must include, but need not be limited to, rules that establish preferences for awarding grants and loans under ORS 468A.803 (1) based upon: A percentage of diesel engine use in Oregon; Whether a grant or loan applicant w…
The Environmental Quality Commission shall adopt by rule criteria for certification of approved retrofit technologies for the retrofit of a diesel engine that powers a medium-duty truck or a heavy-duty truck. In determining the criteria and approved retrofit technologies, the commission shall consider: Regulations adopted by the State of California for redu…
The Environmental Quality Commission shall adopt by rule a program allowing for an owner or operator of a piece of construction equipment powered by a nonroad diesel engine and operated in Oregon to voluntarily demonstrate to the Department of Environmental Quality the emissions profile of the nonroad diesel engine powering the equipment, and to receive and …
The Department of Environmental Quality shall establish a community emission reduction credit bank upon written request to the department by the appropriate board or boards of county commissioners. The community emission reduction credit bank shall be governed by rules adopted by the Environmental Quality Commission. The validity of emission reduction credi…
The Department of Environmental Quality shall develop and implement a program for supporting local communities, in detecting, preparing for, communicating or mitigating the environmental and public health impacts of wildfire smoke. Note: 468A.830 to 468A.836 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapte…
The Department of Environmental Quality shall establish a program for supporting local communities through intergovernmental agreements, grants, contracts or cooperative agreements to develop and implement community response plans to enhance the communities’ readiness and mitigation capacity for smoke. Note: See note under 468A.830.
The Department of Environmental Quality shall establish and implement a program to support communities across this state in monitoring, interpreting and communicating data related to ambient air quality conditions caused by smoke. As part of the program, the department shall: Conduct community outreach in areas of this state that are prone to poor air qual…
The Department of Environmental Quality shall annually report regarding community smoke response plans and the wildfire smoke monitoring program to a committee or interim committee of the Legislative Assembly related to wildfire issues, in the manner provided in ORS 192.245, to the State Wildfire Programs Director and to the Wildfire Programs Advisory Counci…
Notwithstanding any other provisions of law, the Department of Environmental Quality, the Environmental Quality Commission or a regional air quality control authority formed under ORS 468A.105 may not adopt or enforce any rule or standard that requires a person to operate a human or animal crematory incinerator at a temperature greater than 1,600 degrees Fah…
As used in this section: “Continuous automated sampling system” means the total equipment and procedures for automated sample collection, sample recovery and analysis to determine an air contaminant concentration or emission rate by collecting a single sample or multiple integrated samples of the air contaminant for subsequent on- or off-site analysis. “Co…
As used in this section: “Hospital, medical or infectious waste” means hospital waste or medical/infectious waste, as those terms are defined in 40 C.F.R. 60.51c, as in effect on September 24, 2023. “Municipal solid waste incinerator” means any facility operated before, on or after September 24, 2023, for the purpose of combusting municipal solid waste, re…
As used in this section: “Advanced methane detection technology” means satellite monitoring, airflight monitoring, drones or remote direct monitoring technology that yields emission rates and the location of a methane emissions point source, as further defined by the Environmental Quality Commission by rule. “Municipal solid waste landfill” means a municip…
Violation of any rule or standard adopted or any order issued by a regional authority relating to air pollution is a Class A misdemeanor. Unless otherwise provided, each day of violation of any rule, standard or order relating to air pollution constitutes a separate offense. Violation of ORS 468A.610 or of any rule adopted pursuant to ORS 468A.595 is a Cla…
In addition to any liability or penalty provided by law, the State Department of Agriculture may impose a civil penalty on any person who fails to comply with a provision of ORS 468A.555 to 468A.620 or any rule adopted thereunder, or a permit issued under ORS 468A.555 to 468A.620, relating to open field burning. The State Department of Agriculture shall imp…