US Laws, Codes, Statutes & Cases

Chapter 468A — Air Quality

 

2007 EDITION

 

AIR QUALITY

 

PUBLIC HEALTH AND SAFETY

 

AIR POLLUTION CONTROL

 

468A.005  Definitions for air pollution laws

 

468A.010  Policy

 

468A.015  Purpose of air pollution laws

 

468A.020  Application of air pollution laws

 

468A.025  Air purity standards; air quality standards; treatment and control of emissions; rules

 

468A.030  When liability for violation not applicable

 

468A.035  General comprehensive plan

 

468A.040  Permits; rules

 

468A.045  Activities prohibited without permit; limit on activities with permit

 

468A.050  Classification of air contamination sources; registration and reporting of sources; rules

 

468A.055  Notice prior to construction of new sources; order authorizing or prohibiting construction; effect of no order; appeal

 

468A.060  Duty to comply with laws, rules and standards

 

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

 

468A.070  Measurement and testing of contamination sources; rules

 

468A.075  Variances from air contamination rules and standards; delegation to local governments; notices

 

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

 

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

 

TAX CREDIT FOR EMISSION PREVENTION

 

468A.095  Legislative findings

 

468A.096  Application for certification; eligible production technologies or processes; fees

 

468A.098  Certification; rejection of application

 

REGIONAL AIR QUALITY CONTROL AUTHORITIES

 

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

 

468A.105  Formation of regional air quality control authorities

 

468A.110  Waiver of population requirements

 

468A.115  Nature of authority

 

468A.120  Board of directors; term

 

468A.125  Board where population requirement waived

 

468A.130  Advisory committee; duties; members; term; chairperson; meetings

 

468A.135  Function of authority; rules

 

468A.140  Assumption, retention and transfer of control over classes of air contamination sources

 

468A.145  Contract for commission to retain authority under ORS 468A.135

 

468A.150  Conduct of public hearings; entry of orders

 

468A.155  Rules authorizing regional permit programs

 

468A.160  Expansion or dissolution of authority

 

468A.165  Compliance with state standards required; hearing; notice

 

468A.170  Payment of costs of services to authority by state

 

468A.175  State aid

 

468A.180  Payment of certain court costs not required

 

OREGON GLOBAL WARMING COMMISSION

 

468A.200  Legislative findings

 

468A.205  Policy; greenhouse gas emissions reduction goals

 

468A.210  Definitions for ORS 352.247 and 468A.200 to 468A.260

 

468A.215  Oregon Global Warming Commission; appointment; term; vacancies; expenses of members

 

468A.220  Ex officio members

 

468A.225  Meetings; quorum; support of agencies

 

468A.230  Rules

 

468A.235  Coordination of state and local efforts to reduce greenhouse gas emissions

 

468A.240  Recommendations; public comment; examination of greenhouse gas cap-and-trade systems

 

468A.245  Outreach strategy

 

468A.250  Mandate of Oregon Global Warming Commission

 

468A.255  Citizen advisory groups

 

468A.260  Report to Legislative Assembly

 

FEDERAL OPERATING PERMIT PROGRAM

 

468A.300  Definitions for federal operating permit program

 

468A.305  Purpose

 

468A.310  Federal operating permit program approval; rules; content of plan

 

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

 

468A.320  Accountability for costs of program

 

468A.325  Priority of department work schedule

 

468A.327  Requirement for adoption, amendment or repeal of rules; oral hearing

 

468A.330  Small Business Stationary Source Technical and Environmental Compliance Assistance Program

 

MOTOR VEHICLE POLLUTION CONTROL

 

468A.350  Definitions for ORS 468A.350 to 468A.400

 

468A.355  Legislative findings

 

468A.360  Motor vehicle emission and noise standards; copy to Department of Transportation

 

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

 

468A.365  Certification of motor vehicle pollution control systems and inspection of motor vehicles; rules

 

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

 

468A.375  Notice to state agencies concerning certifications

 

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

 

468A.385  Determination of compliance of motor vehicles

 

468A.387  Operating schedules for testing stations

 

468A.390  Designation of areas of the state subject to motor vehicle emission inspection program; rules

 

468A.395  Bond or letter of credit; remedy against person licensed under ORS 468A.380; cancellation of license

 

468A.400  Fees; collection; use

 

468A.405  Authority to limit motor vehicle operation and traffic; rules

 

468A.410  Administration and enforcement of rules adopted under ORS 468A.405

 

468A.415  Legislative findings

 

468A.420  Oxygenated motor vehicle fuels; when required by rule

 

468A.455  Police enforcement

 

WOODSTOVE EMISSIONS CONTROL

 

468A.460  Policy

 

468A.465  Prohibited acts relating to uncertified and unlabeled woodstove

 

468A.470  Evaluation of woodstove emission performance; fee; rules

 

468A.475  Use of net emission reductions in airshed

 

468A.480  Standards and certification program; rules; fee

 

468A.485  Definitions for ORS 468A.490

 

468A.490  Residential Wood Heating Air Quality Improvement Fund; uses

 

468A.495  Prohibition on installation of used woodstoves

 

468A.500  Prohibition on sale of noncertified woodstove

 

468A.505  Removal of noncertified woodstoves

 

468A.510  Antique woodstove exemption

 

468A.515  Wood heating curtailment program requirements; exemptions; rules

 

468A.520  Residential wood heating advisory committee

 

FIELD BURNING AND PROPANE FLAMING

 

468A.550  Definitions for ORS 468A.555 to 468A.620 and 468A.992

 

468A.555  Policy to reduce open field burning

 

468A.560  Applicability of open field burning, propane flaming and stack and pile burning statutes

 

468A.565  Use of certified alternative thermal field sanitizer

 

468A.570  Classification of atmospheric conditions; marginal day

 

468A.575  Permits for open burning, propane flaming or stack or pile burning; rules

 

468A.580  Permits; inspections; planting restrictions

 

468A.585  Memorandum of understanding with State Department of Agriculture

 

468A.590  Duties of State Department of Agriculture

 

468A.595  Commission rules to regulate burning pursuant to ORS 468A.610

 

468A.597  Duty to dispose of straw

 

468A.600  Standards of practice and performance

 

468A.605  Duties of Department of Environmental Quality

 

468A.610  Reduction in acreage to be open burned, propane flamed or stack or pile burned

 

468A.615  Registration of acreage to be burned; fees

 

468A.620  Experimental field sanitization; rules

 

CHLOROFLUOROCARBONS AND HALON CONTROL

 

468A.625  Definitions for ORS 468A.630 to 468A.645

 

468A.630  Legislative findings

 

468A.635  Restrictions on sale, installation and repairing of items containing chlorofluorocarbons and halon; rules

 

468A.640  Department program to reduce use of and recycle compounds

 

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

 

AEROSOL SPRAY CONTROL

 

468A.650  Legislative findings

 

468A.655  Prohibition on sale or promotion; exemption for medical use

 

468A.660  Wholesale transactions permitted

 

ASBESTOS ABATEMENT PROJECTS

 

468A.700  Definitions for ORS 468A.700 to 468A.760

 

468A.705  Legislative findings

 

468A.707  Asbestos abatement program; rules; contractor licensing; worker certification

 

468A.710  License required for asbestos abatement project

 

468A.715  Licensed contractor required; exception

 

468A.720  Qualifications for license; application

 

468A.725  Grounds for license suspension or revocation

 

468A.730  Worker certificate required; qualifications; renewal application; suspension or revocation

 

468A.735  Alternatives to protection requirements; approval

 

468A.740  Accreditation requirements; rules

 

468A.745  Rules; variances; training; standards; procedures

 

468A.750  Fee schedule; waiver; disposition

 

468A.755  Exemptions

 

468A.760  Content of bid advertisement

 

INDOOR AIR POLLUTION CONTROL

 

468A.775  Indoor air quality sampling; accreditation and certification programs

 

468A.780  Schedule of fees; accreditation and certification programs

 

468A.785  Pilot programs

 

AGRICULTURAL OPERATIONS AND EQUIPMENT

 

468A.790  Memorandum of understanding with State Department of Agriculture; rules

 

DIESEL ENGINES

 

468A.793  Goal to reduce excess lifetime risk of cancer due to exposure to diesel engine emissions

 

468A.795  Definitions

 

468A.797  Standards for certified cost of qualifying repower or retrofit; rules

 

468A.799  Standards for qualifying repower of nonroad diesel engine or retrofit of diesel engine; rules

 

468A.801  Clean Diesel Engine Fund; interest

 

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

 

EMISSION REDUCTION CREDIT BANKS

 

468A.820  Community emission reduction credit banks; establishment; rules; credits

 

PENALTIES

 

468A.990  Penalties for air pollution offenses

 

468A.992  Civil penalties for open field burning violations

 

AIR POLLUTION CONTROL

 

      468A.005 Definitions for air pollution laws. As used in ORS chapters 468, 468A and 468B, unless the context requires otherwise:

      (1) “Air-cleaning device” means any method, process or equipment which removes, reduces or renders less noxious air contaminants prior to their discharge in the atmosphere.

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

      (3) “Air contamination” means the presence in the outdoor atmosphere of one or more air contaminants which contribute to a condition of air pollution.

      (4) “Air contamination source” means any source at, from, or by reason of which there is emitted into the atmosphere any air contaminant, regardless of who the person may be who owns or operates the building, premises or other property in, at or on which such source is located, or the facility, equipment or other property by which the emission is caused or from which the emission comes.

      (5) “Air pollution” means the presence in the outdoor atmosphere of one or more air contaminants, or any combination thereof, in sufficient quantities and of such characteristics and of a duration as are or are likely to be injurious to public welfare, to the health of human, plant or animal life or to property or to interfere unreasonably with enjoyment of life and property throughout such area of the state as shall be affected thereby.

      (6) “Area of the state” means any city or county or portion thereof or other geographical area of the state as may be designated by the Environmental Quality Commission.

      (7) “Woodstove” means a wood fired appliance with a closed fire chamber which maintains an air-to-fuel ratio of less than 30 during the burning of 90 percent or more of the fuel mass consumed in the low firing cycle. The low firing cycle means less than or equal to 25 percent of the maximum burn rate achieved with doors closed or the minimum burn achievable. [Formerly 468.275]

 

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

      (a) To restore and maintain the quality of the air resources of the state in a condition as free from air pollution as is practicable, consistent with the overall public welfare of the state.

      (b) To provide for a coordinated statewide program of air quality control and to allocate between the state and the units of local government responsibility for such control.

      (c) To facilitate cooperation among units of local government in establishing and supporting air quality control programs.

      (2) The program for the control of air pollution in this state shall be undertaken in a progressive manner, and each of its successive objectives shall be sought to be accomplished by cooperation and conciliation among all the parties concerned. [Formerly 449.765 and then 468.280]

 

      468A.015 Purpose of air pollution laws. It is the purpose of the air pollution laws contained in ORS 448.305, 454.010 to 454.040, 454.205 to 454.255, 454.505 to 454.535, 454.605 to 454.755 and ORS chapters 468, 468A and 468B to safeguard the air resources of the state by controlling, abating and preventing air pollution under a program which shall be consistent with the declaration of policy in this section and with ORS 468A.010. [Formerly 449.770 and then 468.285]

 

      468A.020 Application of air pollution laws. (1) Except as provided in subsection (2) of this section, the air quality laws contained in ORS chapters 468, 468A and 468B do not apply to:

      (a) Agricultural operations, including but not limited to:

      (A) Growing or harvesting crops;

      (B) Raising fowl or animals;

      (C) Clearing or grading agricultural land;

      (D) Propagating and raising nursery stock;

      (E) Propane flaming of mint stubble; and

      (F) Stack or pile burning of residue from Christmas trees, as defined in ORS 571.505, during the period beginning October 1 and ending May 31 of the following year.

      (b) Equipment used in agricultural operations, except boilers used in connection with propagating and raising nursery stock.

      (c) Barbecue equipment used in connection with any residence.

      (d) Heating equipment in or used in connection with residences used exclusively as dwellings for not more than four families, except woodstoves which shall be subject to regulation under this section, ORS 468A.460 to 468A.480, 468A.490 and 468A.515.

      (e) Fires set or permitted by any public agency when such fire is set or permitted in the performance of its official duty for the purpose of weed abatement, prevention or elimination of a fire hazard, or instruction of employees in the methods of fire fighting, which in the opinion of the agency is necessary.

      (f) Fires set pursuant to permit for the purpose of instruction of employees of private industrial concerns in methods of fire fighting, or for civil defense instruction.

      (2) Subsection (1) of this section does not apply to the extent:

      (a) Otherwise provided in ORS 468A.555 to 468A.620, 468A.790, 468A.992, 476.380 and 478.960;

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

      (c) Necessary for the Environmental Quality Commission, in the commission’s discretion, to implement a recommendation of the Task Force on Dairy Air Quality created under section 3, chapter 799, Oregon Laws 2007, for the regulation of dairy air contaminant emissions. [Formerly 468.290; 1997 c.473 §2; 1999 c.439 §1; 2007 c.799 §4]

 

      468A.025 Air purity standards; air quality standards; treatment and control of emissions; rules. (1) By rule the Environmental Quality Commission may establish areas of the state and prescribe the degree of air pollution or air contamination that may be permitted therein, as air purity standards for such areas.

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

      (a) The quality or characteristics of air contaminants or the duration of their presence in the atmosphere which may cause air pollution in the particular area of the state;

      (b) Existing physical conditions and topography;

      (c) Prevailing wind directions and velocities;

      (d) Temperatures and temperature inversion periods, humidity, and other atmospheric conditions;

      (e) Possible chemical reactions between air contaminants or between such air contaminants and air gases, moisture or sunlight;

      (f) The predominant character of development of the area of the state, such as residential, highly developed industrial area, commercial or other characteristics;

      (g) Availability of air-cleaning devices;

      (h) Economic feasibility of air-cleaning devices;

      (i) Effect on normal human health of particular air contaminants;

      (j) Effect on efficiency of industrial operation resulting from use of air-cleaning devices;

      (k) Extent of danger to property in the area reasonably to be expected from any particular air contaminants;

      (L) Interference with reasonable enjoyment of life by persons in the area which can reasonably be expected to be affected by the air contaminants;

      (m) The volume of air contaminants emitted from a particular class of air contamination source;

      (n) The economic and industrial development of the state and continuance of public enjoyment of the state’s natural resources; and

      (o) Other factors which the commission may find applicable.

      (3) The commission may establish air quality standards including emission standards for the entire state or an area of the state. The standards shall set forth the maximum amount of air pollution permissible in various categories of air contaminants and may differentiate between different areas of the state, different air contaminants and different air contamination sources or classes thereof.

      (4) The commission shall specifically fulfill the intent of the policy under ORS 468A.010 (1)(a) as it pertains to the highest and best practicable treatment and control of emissions from stationary sources through the adoption of rules:

      (a) To require specific permit conditions for the operation and maintenance of pollution control equipment to the extent the Department of Environmental Quality considers the permit conditions necessary to insure that pollution control equipment is operated and maintained at the highest reasonable efficiency and effectiveness level.

      (b) To require typically achievable control technology for new, modified and existing sources of air contaminants or precursors to air contaminants for which ambient air quality standards are established, to the extent emission units at the source are not subject to other emission standards for a particular air contaminant and to the extent the department determines additional controls on such sources are necessary to carry out the policy under ORS 468A.010 (1)(a).

      (c) To require controls necessary to achieve ambient air quality standards or prevent significant impairment of visibility in areas designated by the commission for any source that is a substantial cause of any exceedance or projected exceedance in the near future of national ambient air quality standards or visibility requirements.

      (d) To require controls necessary to meet applicable federal requirements for any source.

      (e) Applicable to a source category, contaminant or geographic area necessary to protect public health or welfare for air contaminants not otherwise regulated by the commission or as necessary to address the cumulative impact of sources on air quality.

      (5) Rules adopted by the commission under subsection (4) of this section shall be applied to a specific stationary source only through express incorporation as a permit condition in the permit for the source.

      (6) Nothing in subsection (4) of this section or rules adopted under subsection (4) of this section shall be construed to limit the authority of the commission to adopt rules, except rules addressing the highest and best practicable treatment and control.

      (7) As used in this section, “typically achievable control technology” means the emission limit established on a case-by-case basis for a criterion contaminant from a particular emission unit in accordance with rules adopted under subsection (4) of this section. For an existing source, the emission limit established shall be typical of the emission level achieved by emission units similar in type and size. For a new or modified source, the emission limit established shall be typical of the emission level achieved by recently installed, well controlled new or modified emission units similar in type and size. Typically achievable control technology determinations shall be based on information known to the department. In making the determination, the department shall take into consideration pollution prevention, impacts on other environmental media, energy impacts, capital and operating costs, cost effectiveness and the age and remaining economic life of existing emission control equipment. The department may consider emission control technologies typically applied to other types of emission units if such technologies can be readily applied to the emission unit. If an emission limitation is not feasible, the department may require a design, equipment, work practice or operational standard or a combination thereof. [Formerly 449.785 and then 468.295; 1993 c.790 §1]

 

      468A.030 When liability for violation not applicable. The several liabilities which may be imposed pursuant to ORS 448.305, 454.010 to 454.040, 454.205 to 454.255, 454.505 to 454.535, 454.605 to 454.755 and ORS chapters 468, 468A and 468B upon persons violating the provisions of any rule, standard or order of the Environmental Quality Commission pertaining to air pollution shall not be so construed as to include any violation which was caused by an act of God, war, strife, riot or other condition as to which any negligence or willful misconduct on the part of such person was not the proximate cause. [Formerly 449.825 and then 468.300]

 

      468A.035 General comprehensive plan. Subject to policy direction by the Environmental Quality Commission, the Department of Environmental Quality shall prepare and develop a general comprehensive plan for the control or abatement of existing air pollution and for the control or prevention of new air pollution in any area of the state in which air pollution is found already existing or in danger of existing. The plan shall recognize varying requirements for different areas of the state. [Formerly 449.782 and then 468.305]

 

      468A.040 Permits; rules. (1) By rule the Environmental Quality Commission may require permits for air contamination sources classified by type of air contaminants, by type of air contamination source or by area of the state. The permits shall be issued as provided in ORS 468.065. A permit subject to the federal operating permit program shall be issued in accordance with the rules adopted under ORS 468A.310.

      (2) If a request for review of the final Department of Environmental Quality action, or any part thereof, is made on an application for a permit issued under the federal operating permit program established under ORS 468A.310 in accordance with the rules adopted by the commission, the effect of the contested conditions and any conditions that are not severable from those contested shall be stayed upon a showing that compliance with the contested conditions during the pendency of the appeal would require substantial expenditures or losses that would not be incurred if the permittee prevails on the merits of the review and there exists a reasonable likelihood of success on the merits. The department may require that the contested conditions not be stayed if the department finds that substantial endangerment of public health or welfare would result from the staying of the conditions.

      (3) Any source under an existing permit shall:

      (a) Comply with the conditions of the existing permit during any modification or reissuance proceeding; and

      (b) To the extent conditions of any new or modified permit are stayed under subsection (2) of this section, comply with the conditions of the existing permit that correspond to the stayed conditions, unless compliance would be technologically incompatible with compliance with other conditions of the new or modified permit that have not been stayed. [Formerly 449.727 and then 468.310]

 

      468A.045 Activities prohibited without permit; limit on activities with permit. (1) Without first obtaining a permit pursuant to ORS 468.065, 468A.040 or 468A.155, no person shall:

      (a) Discharge, emit or allow to be discharged or emitted any air contaminant for which a permit is required under ORS 468A.040 into the outdoor atmosphere from any air contamination source.

      (b) Construct, install, establish, develop, modify, enlarge or operate any air contamination source for which a permit is required under ORS 468A.040.

      (2) No person shall increase in volume or strength discharges or emissions from any air contamination source for which a permit is required under ORS 468A.040 in excess of the permissive discharges or emission specified under an existing permit. [Formerly 449.731 and then 468.315]

 

      468A.050 Classification of air contamination sources; registration and reporting of sources; rules. (1) By rule the Environmental Quality Commission may classify air contamination sources according to levels and types of emissions and other characteristics which cause or tend to cause or contribute to air pollution and may require registration or reporting or both for any such class or classes.

      (2) Any person in control of an air contamination source of any class for which registration and reporting is required under subsection (1) of this section shall register with the Department of Environmental Quality and make reports containing such information as the commission by rule may require concerning location, size and height of air contaminant outlets, processes employed, fuels used and the amounts, nature and duration of air contaminant emissions and such other information as is relevant to air pollution. [Formerly 449.707 and then 468.320]

 

      468A.055 Notice prior to construction of new sources; order authorizing or prohibiting construction; effect of no order; appeal. (1) The Environmental Quality Commission may require notice prior to the construction of new air contamination sources specified by class or classes in its rules or standards relating to air pollution.

      (2) Within 30 days of receipt of such notice, the commission may require, as a condition precedent to approval of the construction, the submission of plans and specifications. After examination thereof, the commission may request corrections and revisions to the plans and specifications. The commission may also require any other information concerning air contaminant emissions as is necessary to determine whether the proposed construction is in accordance with the provisions of ORS 448.305, 454.010 to 454.040, 454.205 to 454.255, 454.505 to 454.535, 454.605 to 454.755 and ORS chapters 468, 468A and 468B and applicable rules or standards adopted pursuant thereto.

      (3) If the commission determines that the proposed construction is in accordance with the provisions of ORS 448.305, 454.010 to 454.040, 454.205 to 454.255, 454.505 to 454.535, 454.605 to 454.755 and ORS chapters 468, 468A and 468B and applicable rules or standards adopted pursuant thereto, it shall enter an order approving such construction. If the commission determines that the construction does not comply with the provisions of ORS 448.305, 454.010 to 454.040, 454.205 to 454.255, 454.505 to 454.535, 454.605 to 454.755 and ORS chapters 468, 468A and 468B and applicable rules or standards adopted pursuant thereto, it shall notify the applicant and enter an order prohibiting the construction.

      (4) If within 60 days of the receipt of plans, specifications or any subsequently requested revisions or corrections to the plans and specifications or any other information required pursuant to this section, the commission fails to issue an order, the failure shall be considered a determination that the construction may proceed except where prohibited by federal law. The construction must comply with the plans, specifications and any corrections or revisions thereto or other information, if any, previously submitted.

      (5) Any person against whom the order is directed may, within 20 days from the date of mailing of the order, deman