Oregon Law
Law as of Jan 1, 2024
Chapter contents
468A.005Definitions for air pollution laws 468A.010Policy 468A.015Purpose of air pollution laws 468A.020Application of air pollution laws 468A.025Air purity standards; air quality standards; treatment and control of emissions; rules 468A.030When liability for violation not applicable 468A.035General comprehensive plan 468A.040Permits; rules 468A.045Activities prohibited without permit; limit on activities with permit 468A.050Classification of air contamination sources; registration and reporting of sources; rules; fees 468A.055Notice prior to construction of new sources; order authorizing or prohibiting construction; effect of no order; appeal 468A.060Duty to comply with laws, rules and standards 468A.065Furnishing copies of rules and standards to building permit issuing agencies 468A.070Measurement and testing of contamination sources; rules 468A.075Variances from air contamination rules and standards; delegation to local governments; notices 468A.080Air and water pollution control permit for geothermal well drilling and operation; enforcement authority of director 468A.085Residential open burning of vegetative debris; rules; local government authority 468A.095[1995 c.746 §29; repealed by 2011 c.83 §24] 468A.096[1995 c.746 §30; 1999 c.21 §77; repealed by 2011 c.83 §24] 468A.098[1995 c.746 §31; 1999 c.59 §139; repealed by 2011 c.83 §24] 468A.100Definitions for ORS 468A.010 and 468A.100 to 468A.180 468A.105Formation of regional air quality control authorities 468A.110Waiver of population requirements 468A.115Nature of authority 468A.120Board of directors; term 468A.125Board where population requirement waived 468A.130Advisory committee; duties; members; term; chairperson; meetings 468A.135Function of authority; rules 468A.140Assumption, retention and transfer of control over classes of air contamination sources 468A.145Contract for commission to retain authority under ORS 468A.135 468A.150Conduct of public hearings; entry of orders 468A.155Rules authorizing regional permit programs 468A.160Expansion or dissolution of authority 468A.165Compliance with state standards required; hearing; notice 468A.170Payment of costs of services to authority by state 468A.175State aid 468A.180Payment of certain court costs not required 468A.183Definitions 468A.185Policy 468A.187Natural and Working Lands Fund 468A.189Allocations from Natural and Working Lands Fund; uses of allocated amounts; rules 468A.191Report to Legislative Assembly 468A.193Net biological carbon sequestration and storage baseline; activity-based and community impact metrics 468A.195Net biological carbon sequestration and storage inventory 468A.197Advisory committee; members 468A.199Consultation with federally recognized Indian tribes 468A.200Legislative findings 468A.205Policy; greenhouse gas emissions reduction goals 468A.210Definitions for ORS 468A.200 to 468A.260 468A.215Oregon Climate Action Commission; appointment; term; vacancies; expenses of members 468A.220Nonvoting members 468A.225Meetings; quorum; personnel; agency reports 468A.230Rules 468A.235Coordination of state and local efforts to reduce greenhouse gas emissions 468A.240Recommendations; public comment 468A.245Outreach strategy 468A.250Mandate of Oregon Climate Action Commission 468A.255Citizen advisory groups 468A.260Report to Legislative Assembly 468A.265Definitions 468A.266Low carbon fuel standards; clean fuels program; rules 468A.268Conditions for considering biodiesel as low carbon fuel; rules 468A.270[2009 c.754 §3; renumbered 468A.279 in 2017] 468A.271Clean fuels program design requirements; duties of Department of Environmental Quality, State Department of Agriculture 468A.272Fuel supply forecast; forecast review team 468A.273Forecast deferral; order; methods for deferring compliance; duration 468A.274Emergency deferral; order; methods for deferring compliance; duration; other remedies 468A.275[2009 c.754 §6; 2015 c.4 §3; 2017 c.750 §160; renumbered 468A.266 in 2017] 468A.276Credit clearance markets 468A.277Rules; exemptions 468A.279Motor vehicle pollution control systems; definitions; rules; exceptions 468A.280Electricity; fossil fuels; registration and reporting requirements; rules 468A.290Oregon Climate Corps; long-term plan; grants and donations 468A.292Oregon Climate Corps Fund 468A.295Community climate investment entity fees; rules 468A.298Community Climate Investment Oversight Account 468A.300Definitions 468A.305Purpose 468A.310Federal operating permit program approval; rules; content of plan 468A.315Emission fees for major sources; base fees; basis of fees; rules 468A.320Accountability for costs of program 468A.325Priority of department work schedule 468A.327Requirement for adoption, amendment or repeal of rules; oral hearing 468A.330Small Business Stationary Source Technical and Environmental Compliance Assistance Program 468A.335Definitions 468A.337Individual air contamination source program; rules 468A.339Pilot program; rules; applicability 468A.341Clean Communities Fund; uses 468A.343Public meetings; private actions 468A.345Fees 468A.350Definitions for ORS 468A.350 to 468A.400 468A.355Legislative findings 468A.360Motor vehicle emission and noise standards; copy to Department of Transportation 468A.363Purpose of ORS 468A.363, 468A.365, 468A.400 and 815.300 468A.365Certification of motor vehicle pollution control systems and inspection of motor vehicles; rules 468A.370Cost-effective inspection program; contracts for inspections 468A.375Notice to state agencies concerning certifications 468A.380Licensing of personnel and equipment; certification of motor vehicles; rules 468A.385Determination of compliance of motor vehicles 468A.387Operating schedules for testing stations 468A.390Designation of areas of the state subject to motor vehicle emission inspection program; rules 468A.395Bond or letter of credit; remedy against person licensed under ORS 468A.380; cancellation of license 468A.400Fees; collection; use 468A.405Authority to limit motor vehicle operation and traffic; rules 468A.410Administration and enforcement of rules adopted under ORS 468A.405 468A.415Legislative findings 468A.420Oxygenated motor vehicle fuels; when required by rule 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.455Police enforcement 468A.460Policy 468A.465Certification requirements for new solid fuel burning devices; rules 468A.467Prohibition on burning certain materials in solid fuel burning devices 468A.470[Formerly 468.640; repealed by 2009 c.387 §20] 468A.475[Formerly 468.650; repealed by 2009 c.387 §20] 468A.480[Formerly 468.655; 1993 c.742 §75; repealed by 2009 c.387 §20] 468A.485Definitions for ORS 468A.460 to 468A.515 468A.490Residential Solid Fuel Heating Air Quality Improvement Fund; uses 468A.495Prohibition on installation of used solid fuel burning devices; exceptions; rules 468A.500Prohibition on sale of noncertified solid fuel burning devices; rules 468A.505Removal; exceptions; confirmation of removal; rules 468A.510[1991 c.752 §10d; repealed by 2009 c.387 §20] 468A.515Residential solid fuel heating curtailment program requirements; exemptions; rules 468A.520[1991 c.752 §21; repealed by 2009 c.387 §20] 468A.550Definitions for ORS 468A.550 to 468A.620 and 468A.992 468A.555Policy to reduce open field burning 468A.560Applicability of open field burning, propane flaming and stack and pile burning statutes 468A.565Use of certified alternative thermal field sanitizer 468A.570Classification of atmospheric conditions; marginal day 468A.575Permits for open burning, propane flaming or stack or pile burning; rules 468A.580Permits; inspections; planting restrictions; civil penalty 468A.585Memorandum of understanding with State Department of Agriculture 468A.590Duties of State Department of Agriculture 468A.595Commission rules to regulate burning pursuant to ORS 468A.550 to 468A.620 468A.597Duty to dispose of straw 468A.600Standards of practice and performance 468A.605Duties of Department of Environmental Quality 468A.610Acreage permitted to be open burned, propane flamed or stack or pile burned; exceptions; fees; rules 468A.612Field burning prohibition in critical nonburn areas; rules 468A.615Registration of acreage to be burned; fees; rules 468A.620Experimental field sanitization; rules 468A.625Definitions for ORS 468A.630 to 468A.645 468A.630Legislative findings 468A.635Restrictions on sale, installation and repairing of items containing chlorofluorocarbons and halon; rules 468A.640Department program to reduce use of and recycle compounds 468A.645State Fire Marshal; program; halons; guidelines 468A.650Legislative findings 468A.655Prohibition on sale or promotion; exemption for medical use 468A.660Wholesale transactions permitted 468A.700Definitions for ORS 468A.700 to 468A.760 468A.705Legislative findings 468A.707Asbestos abatement program; rules; contractor licensing; worker certification 468A.710License required for asbestos abatement project 468A.715Licensed contractor required; exception 468A.720Qualifications for license; application 468A.725Grounds for license suspension or revocation 468A.730Worker certificate required; qualifications; renewal application; suspension or revocation 468A.735Alternatives to protection requirements; approval 468A.740Accreditation requirements; rules 468A.745Rules; variances; training; standards; procedures 468A.750Fee schedule; waiver; disposition; rules 468A.755Exemptions 468A.757Residential asbestos surveys; rules 468A.760Content of bid advertisement 468A.775Indoor air quality sampling; accreditation and certification programs 468A.780Schedule of fees; accreditation and certification programs; rules 468A.785Pilot programs 468A.790Memorandum of understanding with State Department of Agriculture; rules 468A.793Goal to reduce excess lifetime risk of cancer due to exposure to diesel engine emissions 468A.795Definitions 468A.796School buses; repowering or retrofitting of engines; replacement 468A.797Standards for certified cost of qualifying replacement, repower or retrofit; rules 468A.799Standards for qualifying replacements, repowers and retrofits; rules 468A.801Clean Diesel Engine Fund; interest 468A.803Uses of Clean Diesel Engine Fund; rules 468A.805Environmental Mitigation Trust Agreement moneys; uses; rules 468A.807Rules; compliance with applicable requirements 468A.810Certification of approved retrofit technologies; rules 468A.813Voluntary emission control label program; rules; fees 468A.820Community emission reduction credit banks; establishment; rules; credits 468A.830Program for environmental and public health impacts of wildfire smoke 468A.833Grants, contracts and agreements for community responses to wildfire smoke 468A.836Program to support community monitoring of air quality conditions caused by wildfire smoke 468A.875Plan for continuous monitoring or sampling of emissions 468A.880Restriction on combustion of hospital, medical or infectious waste 468A.990Penalties for air pollution offenses 468A.992Civil penalties for open field burning violations

Chapter 468A — Air Quality

ORS 468A.345 Fees

(1)

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, chapter 102, Oregon Laws 2018, a program and rules described in ORS 468A.337 or a pilot program described in ORS 468A.339.

(2)

The fees authorized by subsection (1) of this section shall:

(a)

Apply for any class of air contamination sources classified pursuant to ORS 468A.050 for which a person is required to obtain a permit under ORS 468A.040 or 468A.155 or is subject to the federal operating permit program pursuant to ORS 468A.310; and

(b)

Be in addition to, and not in lieu of, any other fee required under ORS 468.065 or 468A.315.

(3)

Not more than once each calendar year, the Environmental Quality Commission may increase the fees authorized under this section. The amount of the annual increase may not exceed the anticipated increase in the cost of implementing ORS 468A.335 to 468A.343 and section 7, chapter 102, Oregon Laws 2018, or three percent, whichever is lower, unless a larger increase is provided for in the Department of Environmental Quality’s legislatively approved budget.

(4)(a)

Any rule adopted under ORS 468.065 (2) regarding late payment of emission fees by an air contamination source issued a permit under ORS 468A.040 or 468A.155 shall apply in the same manner to an air contamination source issued a permit under ORS 468A.040 or 468A.155 for late payment of fees under this section.

(b)

Any rule adopted under ORS 468A.315 regarding late payment of emission fees by sources subject to the federal operating permit program shall apply in the same manner to sources subject to the federal operating permit program for late payment of fees under this section.

(5)

The department may, in the manner provided in ORS 468.070, refuse to issue, suspend, revoke or refuse to renew a permit issued under ORS 468A.040 or 468A.155 or under the federal operating permit program pursuant to ORS 468A.310 for failure to comply with the provisions of this section.

Official sources · 2Tap to view provenance and version history

Online copy of the published ORS edition

Provenance

Version history

Prior statutory text is not available in the ingested published editions. Consult an earlier official ORS edition or the cited Oregon Laws chapter.