Proposed Repeals: Rules in 918-308
Proposed Renumberings: Rules in 918-308
Proposed Ren. & Amends: Rules in 918-308
Last Date for Comment: 11-28-16, 5 p.m.
Summary: These rules amend the standards for delegation of an
electrical inspection program by clarifying the Electrical and 
Elevator Board’s standards for evaluating minimum service levels,
financial viability, and compliance efforts of a proposed electrical
inspection program.
Rules Coordinator: Holly A. Tucker
Address: Department of Consumer and Business Services, Building
Codes Division, PO Box 14470, Salem, OR 97309-0404
Telephone: (503) 378-5331
Department of Consumer and Business Services, 
Oregon Occupational Safety and Health Division
Chapter 437
Rule Caption: Adopt changes to the Worker Protection Standard in
Agriculture with federal and state changes.
Date: Time: Location:
11-29-16 11 a.m. Pine Grove Grange
2900 Van Horn Drive
Hood River, OR 97031
12-1-16 10 a.m. Woodburn Grange
908 N Settlemier Ave.
Woodburn, OR 97071
12-7-16 10 a.m. City of Medford/City Hall
Suite 340 - Alba Room
411 W 8th St.
Medford, OR 97501
Hearing Officer: Sue Joye
Stat. Auth.: ORS 654.025(2), 656.726(4) 
Stats. Implemented: ORS 654.001 through 654.295; 654.412
through 654.423; 654.750 through 654.780
Proposed Adoptions: 437-004-6001, 437-004-6401, 437-004-
6402, 437-004-6405, 437-004-6406, 437-004-6501, 437-004-6502,
437-004-6508, 437-004-6509
Proposed Amendments: 437-002-0170, 437-004-6000
Last Date for Comment: 12-14-16, 5 p.m.
Summary: Oregon OSHA administers and enforces the Environ-
mental Protection Agency’s (EPA) pesticide Worker Protection Stan-
dard (WPS) as adopted in Division 4/W (Agriculture/Worker Pro-
tection Standard), OAR 437-004-6000. This standard (40 CFR 170)
is being amended with most of the changes adopted at the federal
level by the EPA in the November 2, 2015 Federal Register. In 
addition, Oregon OSHA proposes to adopt nine new Oregon Admin-
istrative Rules (OARs) that reflect specific requirements for
employers in Oregon.
The new OARs:
- One giving expiration and implementation dates for the amend-
ed Division 4/W;
- Two serve to clarify compliance requirements by providing spe-
cific effective dates for training programs for both workers and han-
dlers (EPA’s rules reference an unspecified future date of publication
of training materials and a notification in the Federal Register.);
- Two offer a compliance alternative to evacuation of tight, solid
structures that may fall within the Application Exclusion Zone 
(AEZ - as defined in 170.405.) The rules include provisions for what
is commonly referred to as “shelter in place.” This allows occupants,
under controlled circumstances, to remain in protected spaces that
are within an AEZ during nearby pesticide applications. Require-
ments include notification, training, and additional drift-control
measures for structures within these Zones;
- Two maintain Oregon OSHA’s more protective requirements
related to respiratory protection and emergency eye-washes while
fulfilling the EPA’s pesticide label requirements;
- One provides a compliance alternative for all Oregon employ-
ers who train workers, to ease the transition during the first year of
the rule changes; and- One augments the training requirements for those who provide
handler training. This is due to the significant increase in subject 
matter that will be required in 2018 and the importance of quality
pesticide handler training.
The WPS rules are also referenced, in Division 2, General Indus-
try, at OAR 437-002-0170; and, in Division 7, Forest Activities, at
OAR 437-007-0010. A rule reference in the 437-002-0170 note will
be updated.
The rule changes are expected to lead to an overall reduction in
incidents of unsafe pesticide exposure and to improve the occupa-
tional health of agricultural workers and pesticide handlers.
Please visit our website osha.oregon.gov Click ‘Rule changes’ in
the Topics, rules, guidelines column and view our proposed rules; or,
select other rule activity from the left vertical column on the 
Proposed Rules page.
Rules Coordinator: Sue C. Joye
Address: Department of Consumer and Business Services, Oregon
Occupational Safety and Health Division, 350 Winter St. NE , Salem,
OR 97301-3882
Telephone: (503) 947-7449
Department of Energy
Chapter 330
Rule Caption: Update and clarify definitions and requirements for
Home Energy Performance Score program.
Date: Time: Location:
11-29-16 2 p.m. 625 Marion St. NE
Salem OR 97301
Hearing Officer: Wendy Simons                   
Stat. Auth.: ORS 469.040, 469.703, Oregon Laws 2013 Chapter 383
(House Bill 2801) 
Stats. Implemented: ORS 469.703
Proposed Amendments: 330-063-0010, 330-063-0015, 330-063-
0020, 330-063-0025
Last Date for Comment: 11-29-16, 5 p.m.
Summary: The primary purpose of these proposed rule amendments
is to establish the U.S. Department of Energy’s (U.S. DOE) Home
Energy Score as the standard for home energy performance scoring
in Oregon. The proposed rule changes would require that, in order
to meet the state standard, a home energy performance report must
include the U.S. DOE Home Energy Score, as well as an estimate of
total annual energy use, by fuel type, generated by U.S. DOE’s Home
Energy Scoring Tool. A home energy performance report may also
contain a home energy performance score generated by another 
entity, as long as that score meets certain requirements and has been
reviewed by a stakeholder panel and approved by the director of theOregon Department of Energy. The proposed rules would require
home energy performance reports to use average annual retail fuel
prices provided by the Oregon Department of Energy in calculating
estimates of annual home energy costs. Finally, the proposed rule
would require home energy assessors to complete training in the soft-
ware used to produce the U.S. DOE’s Home Energy Score, and to
obtain a professional credential recognized by U.S. DOE as a pre-
requisite to qualify as a Home Energy Score assessor.
Rules Coordinator: Elizabeth Ross
Address: Department of Energy, 625 Marion St. NE, Salem, OR
97301
Telephone: (503) 378-8534
Rule Caption: Postpones operative date of minimum energy 
efficiency standards for embedded small battery chargers.
Date: Time: Location:
11-30-16 2 p.m. 625 Marion NE
Salem OR 97301
Hearing Officer: Wendy Simons                   
Stat. Auth.: ORS 469.040, 469.261 
Stats. Implemented: ORS 469.229–469.261
Proposed Amendments: 330-092-0015NOTICES OF PROPOSED RULEMAKING
Oregon Bulletin      November 2016: V olume 55, No. 11
11Last Date for Comment: 11-30-16, 5 p.m.
Summary: The primary purpose of these proposed rule amendments
is to postpone for one year the operative date of minimum energy
efficiency standards for certain small battery charger systems not sold
at retail. The charger systems affected by the postponement are con-
tained completely within a larger product, and provide power for data
storage or for continuity within volatile cache or memory systems
as well maintaining information for system use, but are not capable
of powering full operation of the product when AC mains power is
not present. The proposed rule amendments also update the opera-
tive dates for other types of battery charger systems to match the
effective dates in statute.
Rules Coordinator: Elizabeth Ross
Address: Department of Energy, 625 Marion St. NE, Salem, OR
97301
Telephone: (503) 378-8534
Department of Environmental Quality
Chapter 340
Rule Caption: SB 263 Materials Management
Date: Time: Location:
11-17-16 6 p.m. DEQ Headquarters 
700 NE Multnomah St., Rm. 610 
Portland, OR 97232
Hearing Officer: Holly Stirnkorb                   
Stat. Auth.: 459.045, 459.995, 459A.005-.085, 459A.025,
459A.045, 459A.100-120, 459A.650-.685, 459A.675, 468.020,
468.065 Other Auth.: Ch. 584 OL 1995Senate Bill 263 (Chapter 534, 2015
Laws)
Stats. Implemented: 459.015, 459.250, 459A, 459A.005,
459A.007, 459A.008, 459A.010, 459A.015, 459A.020, 459A.025,459A.029, 459A.030, 459A.035, 459A.040, 459A.050, 459A.055,459A.065, 459A.070, 459A.075 459A.080, 459A.085, 459A.100,
459A.110, 459A.115, 459A.120, 459A.515, 459A.520, 459A.550,
459A.575, 459A.650-.665, 459A.655, 459A.660, 459A.665,
459A.700-740, 646.808
Proposed Adoptions: 340-090-0041, 340-090-0042, 340-090-
0068
Proposed Amendments: 340-090-0005, 340-090-0010, 340-090-
0015, 340-090-0020, 340-090-0030, 340-090-0040, 340-090-0050,
340-090-0060, 340-090-0070, 340-090-0080, 340-090-0090, 340-
090-0100, 340-090-0110, 340-090-0120, 340-090-0130, 340-090-
0140, 340-090-0150, 340-090-0180, 340-090-0190, 340-090-0310,
340-090-0320, 340-090-0330, 340-090-0340, 340-090-0350, 340-
090-0360, 340-090-0370, 340-090-0380, 340-090-0390, 340-090-
0400, 340-090-0410, 340-090-0420, 340-090-0430, 340-090-0510
Proposed Repeals: 340-090-0045
Last Date for Comment: 11-30-16, 4 p.m.
Summary: DEQ proposes the following changes to OAR 340, divi-
sion 090 that will: 
- Revise wastesheds’ voluntary recovery goals, which the pro-
posed rules would clarify are no longer mandatory or a basis for DEQ
enforcement.
- Describe DEQ’s methodology for measuring progress towards
SB 263’s statewide food waste, plastic, and carpet recovery goals.
- Add SB 263’s four new recycling program elements, increasing
to thirteen the options available to local governments.
- Amend the expanded education and promotion program element
to include a contamination reduction education plan. The plan would
require local governments that use this element to also determine
contamination levels in collected recyclables and take educational
action to reduce contamination.
- Update minimum numbers of recycling program elements
required for certain cities. For each city with a minimum number of
recycling program elements, the county administered area between
the city’s limits and urban growth boundary, or, within Metro, thearea outside the city’s limits but within Metro, would also need a
recycling program with the city’s minimum number of elements.
- Add SB 263’s seven new waste prevention education and reuse
program elements and require program element minimums ranging
from three to five elements, depending.
- Remove DEQ rules’ references to the discontinued Two Percent
Recovery Rate Credit programs (“Two Percent Credit Programs”).
- Revise rules allowing local governments to implement alterna-
tive programs to meet their minimum recycling requirements and,
where applicable, waste prevention and reuse program requirements.
The proposed rules would allow a local government using a DEQ-
approved alternative program the adaptability of meeting either the
lesser of its recovery goal or recovery levels comparable to similar
communities.
- “Clean up” OAR 340-90 to make Division 90 consistent with the
SB 263-based proposed rules.
Rules Coordinator: Meyer Goldstein
Address: Department of Environmental Quality, 811 SW Sixth Ave.,
Portland, OR 97204
Telephone: (503) 229-6478
Department of Fish and Wildlife
Chapter 635
Rule Caption: Oregon State List of Threatened and Endangered
Species Amended
Date: Time: Location:
12-2-16 8 a.m. ODFW Headquarters 
Commission Rm. 
4034 Fairview Industrial Dr. SE 
Salem OR 97302
Hearing Officer: Oregon Fish and Wildlife Commission                   
Stat. Auth.: ORS 496.004, 496.171, 496.172, 496.182, 496.192,
498.026 
Stats. Implemented: ORS 496.004, 496.171, 496.172, 496.182,
496.192, 498.026
Proposed Adoptions: Rules in 635-100
Proposed Amendments: Rules in 635-100
Proposed Repeals: Rules in 635-100
Last Date for Comment: 12-2-16, Close of Hearing
Summary: The amended rules will remove Borax Lake Chub (Gila
boraxobius) and Foskett Spring Speckled Dace (Rhinichthys oscu-
lus ssp.) from the Oregon State List of Threatened and Endangered
Species.
Rules Coordinator: Michelle Tate
Address: Department of Fish and Wildlife, 4034 Fairview Industrial
Dr. SE, Salem, OR 97302
Telephone: (503) 947-6044
Rule Caption: Amendments to Rules for Commercial and
Recreational Groundfish Fisheries.
Date: Time: Location:
12-2-16 8 a.m. ODFW Headquarters 
Commission Rm. 
4034 Fairview Industrial Dr. SE 
Salem, OR 97302
Hearing Officer: Oregon Fish and Wildlife Commission                   
Stat. Auth.: ORS 496.138, 496.146, 496.162, 497.121, 506.036,
506.109, 506.119, 506.129 Stats. Implemented: ORS 496.004, 496.009, 496.162, 506.109,
506.129, 508.957Proposed Adoptions: Rules in 635-004, 039
Proposed Amendments: Rules in 635-004, 039
Proposed Repeals: Rules in 635-004, 039
Last Date for Comment: 12-2-16, Close of Hearing
Summary: The amended rules will establish annual groundfish man-
agement measures and harvest limits for 2017 commercial and sport
groundfish fisheries. Housekeeping and technical corrections to the
regulations may occur to ensure rule interpretation consistency.NOTICES OF PROPOSED RULEMAKING
Oregon Bulletin      November 2016: V olume 55, No. 11
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