reglab/statecodes huggingface dataset:
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 468A - Air Quality › Section 468A.390 - Designation of areas of the state subject to motor vehicle emission inspection program; rules.

(1) 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 requirement under ORS 815.300 to have a certificate of compliance issued under ORS 468A.380 to be registered or have the registration of the vehicle renewed.
(2) Whenever the Environmental Quality Commission designates boundaries under this section within which vehicles are subject to the requirements of ORS 815.300, the commission shall notify the Department of Transportation and shall provide the Department of Transportation with information necessary to perform the Department of Transportation’s duties under ORS 815.300. [Formerly 468.397]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 468A - Air Quality › Section 468A.395 - Bond or letter of credit; remedy against person licensed under ORS 468A.380; cancellation of license.

(1) 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 as to form by the Attorney General, and shall be conditioned that inspections and certifications will be made only by persons who meet the qualifications fixed by the Environmental Quality Commission and will be made without fraud or fraudulent representations and without violating any of the provisions of ORS 468A.350 to 468A.400, 815.295, 815.300, 815.310, 815.320 and 815.325.
(2) In addition to any other remedy that a person may have, if any person suffers any loss or damage by reason of the fraud, fraudulent representations or violation of any of the provisions of ORS 468A.350 to 468A.400, 815.295, 815.300, 815.310, 815.320 and 815.325 by a person licensed pursuant to ORS 468A.380, the injured person has the right of action against the business employing such licensed person and a right of action in the person’s own name against the surety upon the bond or the letter of credit issuer.
(3) The license issued pursuant to ORS 468A.380 of any person whose bond is canceled by legal notice shall be canceled immediately by the department. If the license is not renewed or is voluntarily or involuntarily canceled, the sureties of the bond or the letter of credit issuers shall be relieved from liability accruing subsequent to such cancellation by the department. [Formerly 468.400; 1997 c.631 §480]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 468A - Air Quality › Section 468A.400 - Fees; collection; use.

(1) The Department of Environmental Quality shall:
(a) 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:
(A) The fee for licensing shall not exceed $5.
(B) The fee for renewal of licenses shall not exceed $1.
(b) Establish fees for the issuance of certificates of compliance. The department may classify motor vehicles and establish a different fee for each such class. The fee for the issuance of certificates shall be established by the Environmental Quality Commission in an amount based upon the costs of administering this program. Before establishing the fees, the commission shall determine the most cost effective program consistent with Clean Air Act requirements for each area of the state pursuant to ORS 468A.370.
(2) The department shall collect the fees established pursuant to subsection (1)(b) of this section at the time of the issuance of certificates of compliance as required by ORS 468A.380 (2)(c).
(3) On or before the 15th day of each month, the commission shall pay into the State Treasury all moneys received as fees pursuant to subsections (1) and (2) of this section during the preceding calendar month. The State Treasurer shall credit such money to the Department of Environmental Quality Motor Vehicle Pollution Account, which is hereby created. The moneys in the Department of Environmental Quality Motor Vehicle Pollution Account are continuously appropriated to the department to be used by the department solely or in conjunction with other state agencies and local units of government for:
(a) Any expenses incurred by the department and, if approved by the Governor, any expenses incurred by the Department of Transportation in the certification, examination, inspection or licensing of persons, equipment, apparatus or methods in accordance with the provisions of ORS 468A.380 and 815.310.
(b) Such other expenses as are necessary to study traffic patterns and to inspect, regulate and control the emission of pollutants from motor vehicles in this state.
(4) The Department of Environmental Quality may enter into an agreement with the Department of Transportation to collect the licensing and renewal fees described in subsection (1)(a) of this section subject to the fees being paid and credited as provided in subsection (3) of this section. [Formerly 468.405; 1993 c.18 §122; 1993 c.791 §4]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 468A - Air Quality › Section 468A.405 - Authority to limit motor vehicle operation and traffic; rules.

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 pollution which presents an imminent and substantial endangerment to the health of persons. [Formerly 449.747 and then 468.410]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 468A - Air Quality › Section 468A.410 - Administration and enforcement of rules adopted under ORS 468A.405.

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. [Formerly 449.751 and then 468.415]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 468A - Air Quality › Section 468A.415 - Legislative findings.

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 satisfy mobility needs and allow for economic growth while meeting the air quality goals for the region. [1991 c.752 §13]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 468A - Air Quality › Section 468A.420 - Oxygenated motor vehicle fuels; when required by rule.

(1) 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.
(2) The rules adopted under subsection (1) of this section shall require:
(a) Oxygenated fuels to be used during any portion of the year during which the nonattainment area is prone to high ambient concentrations of carbon monoxide.
(b) The use of oxygenated fuels in carbon monoxide nonattainment areas on or before November 1, 1992.
(3) An oxygenated fuel shall contain 2.7 percent or more oxygen by weight. Methods to achieve this requirement may include but need not be limited to the use of ethanol blends. [1991 c.752 §13b]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 468A - Air Quality › Section 468A.455 - Police enforcement.

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:
(1) Locating appropriate signs and signals for detouring, prohibiting and stopping motor vehicle traffic; and
(2) Issuing warnings or citations. [Formerly 449.753 and then 468.420]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 468A - Air Quality › Section 468A.460 - Policy.

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 continue efforts to educate the public about the air quality effects of those emissions, by ensuring that solid fuel burning devices used in Oregon meet emission performance standards established under ORS 468A.465 and by ensuring compliance with ORS 468A.460 to 468A.515. [Formerly 468.630; 2009 c.387 §1]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 468A - Air Quality › Section 468A.465 - Certification requirements for new solid fuel burning devices; rules.

(1) 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 adopted by the commission. Before adopting emission performance standards under this section, the commission shall consider any emission performance standards proposed or adopted by the United States Environmental Protection Agency.
(2) In addition to devices certified under subsection (1) of this section, the department may certify new solid fuel burning devices that have been certified by the United States Environmental Protection Agency pursuant to:
(a) 40 C.F.R. part 60, subpart AAA, as in effect on the date the commission first adopts rules under subsection (1) of this section; or
(b) Any equivalent or more stringent standard adopted by the United States Environmental Protection Agency subsequent to such date. [Formerly 468.635; 2009 c.387 §2]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 468A - Air Quality › Section 468A.467 - Prohibition on burning certain materials in solid fuel burning devices.

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):
(1) Garbage;
(2) Treated wood;
(3) Plastic or plastic products;
(4) Rubber or rubber products;
(5) Animal carcasses;
(6) Products that contain asphalt;
(7) Waste petroleum products;
(8) Paint;
(9) Chemicals;
(10) Paper or paper products, except for paper used to kindle a fire; or
(11) Any other materials described in rules adopted by the commission. [2009 c.387 §6]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 468A - Air Quality › Section 468A.485 - Definitions for ORS 468A.460 to 468A.515.

As used in ORS 468A.460 to 468A.515:
(1) "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.
(2) "Pellet stove" means a heating device that uses wood pellets, or other biomass fuels designed for use in pellet stoves, as its primary source of fuel.
(3) "Residential structure" has the meaning given that term in ORS 701.005.
(4)(a) "Solid fuel burning device" means any device that burns wood, coal or other nongaseous or nonliquid fuels for aesthetic, space-heating or water-heating purposes in a private residential structure or a commercial establishment and that has a heat output of less than one million British thermal units per hour.
(b) "Solid fuel burning device" does not include:
(A) Masonry fireplaces built on homesites, or factory-built fireplaces, that are designed to be used with an open combustion chamber, that are without features to control air-to-fuel ratios and that meet minimum emission performance standards adopted by the commission, or all masonry fireplaces and factory-built fireplaces if the commission does not adopt any standards;
(B) Woodstoves built before 1940 that have an ornate construction and a current market value substantially higher than a common woodstove manufactured during the same period;
(C) Pellet stoves that meet minimum emission performance standards adopted by the commission, or all pellet stoves if the commission does not adopt any standards;
(D) Masonry heaters that meet minimum emission performance standards adopted by the commission, or all masonry heaters if the commission does not adopt any standards;
(E) Central, wood-fired furnaces that are indoors, ducted and thermostatically controlled, that have a dedicated cold air inlet and a dedicated hot air outlet that connect to the heating ductwork for the entire residential structure and that meet minimum emission performance standards adopted by the commission, or all central, wood-fired furnaces if the commission does not adopt any standards; and
(F) Other solid fuel burning devices identified in rules adopted by the commission.
(5)(a) "Trash burner" means any equipment that is used to dispose of waste by burning.
(b) "Trash burner" does not include an air contamination source that has been issued an air quality permit as described in ORS 468A.040.
(6) "Treated wood" means wood of any species that has been chemically impregnated, painted or similarly modified to prevent weathering and deterioration. [1991 c.752 §8a; 2009 c.387 §4]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 468A - Air Quality › Section 468A.495 - Prohibition on installation of used solid fuel burning devices; exceptions; rules.

(1) 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:
(a) By the United States Environmental Protection Agency pursuant to 40 C.F.R. part 60, subpart AAA; or
(b) By the Department of Environmental Quality pursuant to ORS 468A.465.
(2) Notwithstanding subsection (1) of this section, if pursuant to ORS 468A.465 the Environmental Quality Commission adopts more stringent standards than those described in subsection (1) of this section for the certification of new solid fuel burning devices, the commission by rule may prohibit the installation of some or all used solid fuel burning devices certified for sale as new under less stringent standards if:
(a) The used solid fuel burning devices were manufactured at least 15 years prior to the date on which the commission adopts more stringent standards; or
(b) The used solid fuel burning devices are located in a nonattainment area in this state that does not attain compliance with standards for particulate matter established by the commission pursuant to ORS 468A.025. [1991 c.752 §10a; 2009 c.387 §8]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 468A - Air Quality › Section 468A.500 - Prohibition on sale of noncertified solid fuel burning devices; rules.

(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:
(a) By the United States Environmental Protection Agency pursuant to 40 C.F.R. part 60, subpart AAA; or
(b) By the Department of Environmental Quality pursuant to ORS 468A.465.
(2) Notwithstanding subsection (1) of this section, if pursuant to ORS 468A.465 the Environmental Quality Commission adopts more stringent standards than those described in subsection (1) of this section for the certification of new solid fuel burning devices, the commission by rule may prohibit the advertisement for sale, offer to sell or sale of some or all used solid fuel burning devices certified for sale as new under less stringent standards if:
(a) The used solid fuel burning devices were manufactured at least 15 years prior to the date on which the commission adopts more stringent standards; or
(b) The used solid fuel burning devices are located in a nonattainment area in this state that does not attain compliance with standards for particulate matter established by the commission pursuant to ORS 468A.025. [1991 c.752 §10b; 2009 c.387 §9]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 468A - Air Quality › Section 468A.505 - Removal; exceptions; confirmation of removal; rules.

(1) 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:
(a) By the United States Environmental Protection Agency pursuant to 40 C.F.R. part 60, subpart AAA; or
(b) By the Department of Environmental Quality pursuant to ORS 468A.465.
(2) Notwithstanding subsection (1) of this section, if pursuant to ORS 468A.465 the Environmental Quality Commission adopts more stringent standards than those described in subsection (1) of this section for the certification of new solid fuel burning devices, the commission by rule may require the removal and destruction of some or all used solid fuel burning devices certified for sale as new under less stringent standards if:
(a) The used solid fuel burning devices were manufactured at least 15 years prior to the date on which the commission adopts more stringent standards; or
(b) The used solid fuel burning devices are located in a nonattainment area in this state that does not attain compliance with standards for particulate matter established by the commission pursuant to ORS 468A.025.
(3) This section does not apply to:
(a) Masonry heaters;
(b) Masonry fireplaces described in ORS 468A.485 (4)(b)(A); and
(c) Central, wood-fired furnaces described in ORS 468A.485 (4)(b)(E).
(4) The removal and destruction of a used solid fuel burning device under this section is the responsibility of the seller of the residential structure, unless the seller and buyer agree in writing that it is the buyer’s responsibility. If the seller retains responsibility, the seller shall remove and destroy the device prior to the closing date of the sale of the residential structure. If the buyer accepts responsibility, the buyer shall remove and destroy the device within 30 days after the closing date of the sale of the residential structure.
(5) The person responsible for removal and destruction of a used solid fuel burning device under this section shall provide to the department written confirmation of the removal and destruction, pursuant to rules adopted by the commission.
(6) The failure of a seller or buyer of a residential structure to comply with this section does not invalidate an instrument of conveyance executed in the sale. [1991 c.752 §10c; 2009 c.387 §10]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 468A - Air Quality › Section 468A.550 - Definitions for ORS 468A.550 to 468A.620 and 468A.992.

As used in ORS 468A.550 to 468A.620 and 468A.992:
(1) "Field burning" and "open field burning" do not include:
(a) Propane flaming of mint stubble; or
(b) Stack or pile burning of residue from Christmas trees as defined in ORS 571.505.
(2) "Research and development of alternatives to field burning" includes, but is not limited to, projects concerned with cultural practices for producing grass seed without field burning, environmental impacts of alternative seed production methods, straw marketing and utilization and alternative crops.
(3) "Smoke management" means the daily control of the conducting of open field burning to such times and places and in such amounts so as to provide for the escape of smoke and particulate matter therefrom into the atmosphere with minimal intrusion into cities and minimal impact on public health and in such a manner that under existing meteorological conditions a maximum number of acres registered can be burned in a minimum number of days without substantial impairment of air quality.
(4) "Smoke management program" means a plan or system for smoke management. A smoke management program shall include, but not be limited to, provisions for:
(a) Annual inventorying and registering, prior to the burning season, of agricultural fields for open field burning;
(b) Preparation and issuance of open field burning permits by affected governmental agencies;
(c) Gathering and disseminating regional and sectional meteorological conditions on a daily or hourly basis;
(d) Scheduling times, places and amounts of agricultural fields that may be open burned daily or hourly, based on meteorological conditions during the burning season;
(e) Conducting surveillance and gathering and disseminating information on a daily or more frequent basis;
(f) Effective communications between affected personnel during the burning season; and
(g) Employment of personnel to conduct the program. [Formerly 468.453; 1997 c.473 §3; 1999 c.439 §2; 2001 c.70 §1; 2007 c.799 §5]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 468A - Air Quality › Section 468A.560 - Applicability of open field burning, propane flaming and stack and pile burning statutes.

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. [1991 c.920 §2; 1997 c.473 §4; 2009 c.692 §1]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 468A - Air Quality › Section 468A.565 - Use of certified alternative thermal field sanitizer.

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. [1991 c.920 §5]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 468A - Air Quality › Section 468A.570 - Classification of atmospheric conditions; marginal day.

(1) As used in this section:
(a) "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.
(b) "Marginal day" means a day on which marginal conditions exist.
(2) For purposes of ORS 476.380 and 478.960, the Environmental Quality Commission shall classify different types or combinations of atmospheric conditions as marginal conditions and shall specify the extent and types of burning that may be allowed under different combinations of atmospheric conditions. A schedule describing the types and extent of burning to be permitted on each type of marginal day shall be prepared and circulated to all public agencies responsible for providing information and issuing permits under ORS 476.380 and 478.960. The schedule shall give first priority to the burning of perennial grass seed crops used for grass seed production, second priority to annual grass seed crops used for grass seed production, third priority to grain crop burning, and fourth priority to all other burning and shall prescribe duration of periods of time during the day when burning is authorized.
(3) In preparing the schedule under subsection (2) of this section, the commission shall provide for the assignment of fourth priority burning by the State Department of Agriculture in accordance with the memorandum of understanding established pursuant to ORS 468A.585.
(4) In preparing the schedule required under subsection (2) of this section, the commission shall weigh the economic consequences of scheduled burnings and the feasibility of alternative actions, and shall consider weather conditions and other factors necessary to protect the public health and welfare.
(5) None of the functions of the commission under this section or under ORS 476.380 or 478.960, as it relates to agricultural burning, shall be performed by any regional air quality control authority established under ORS 468A.105. [1991 c.920 §6]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 468A - Air Quality › Section 468A.575 - Permits for open burning, propane flaming or stack or pile burning; rules.

(1) 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.615. The permit described in this section shall be issued in conjunction with permits required under ORS 476.380 or 478.960.
(2) By rule the Environmental Quality Commission may delegate to any county court, board of county commissioners, fire chief of a rural fire protection district or other responsible person the duty to deliver permits to burn acreage if the acreage has been registered under ORS 468A.615 and fees have been paid as required in ORS 468A.615. [1991 c.920 §7; 2009 c.692 §2]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 468A - Air Quality › Section 468A.580 - Permits; inspections; planting restrictions; civil penalty.

(1) 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 for proper cultivation.
(2) The Department of Environmental Quality shall inspect cereal grain crop acreage burned under subsection (1) of this section after planting in the following spring to determine compliance with subsection (1) of this section.
(3) Any person planting contrary to the restrictions of subsection (1) of this section shall be assessed by the department a civil penalty of $25 for each acre planted contrary to the restrictions. Any amounts collected by the department under this subsection shall be deposited by the State Treasurer in the Department of Agriculture Service Fund to be used in carrying out the smoke management program in cooperation with the Oregon Seed Council and for administration of this section.
(4) Any person planting seed crops after burning cereal grain crops under subsection (1) of this section may apply to the department for permission to plant contrary to the restrictions of subsection (1) of this section if the seed crop fails to grow. The department may allow planting contrary to the restrictions of subsection (1) of this section if the crop failure occurred by reasons other than the negligence or intentional act of the person planting the crop or one under the control of the person planting the crop. [1991 c.920 §8; 2009 c.692 §3; 2011 c.597 §211]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 468A - Air Quality › Section 468A.585 - Memorandum of understanding with State Department of Agriculture.

(1) 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.
(2) Subject to the terms of the memorandum of understanding required by subsection (1) of this section, the State Department of Agriculture:
(a) May perform any function of the Environmental Quality Commission or the Department of Environmental Quality relating to the operation and enforcement of the field burning smoke management program, except for making findings pursuant to ORS 468A.610 (10) and (11).
(b) May enter onto and inspect, at any reasonable time, the premises and fields of any person registered under ORS 468A.615 for an open field burn, propane flaming or stack or pile burning to ascertain compliance with a statute, rule, standard or permit condition relating to the field burning smoke management program.
(c) May conduct a program for the research and development of alternatives to field burning. [1991 c.920 §4; 1995 c.358 §3; 2001 c.70 §2; 2009 c.692 §4]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 468A - Air Quality › Section 468A.590 - Duties of State Department of Agriculture.

Pursuant to the memorandum of understanding established under ORS 468A.585, the State Department of Agriculture:
(1) Shall:
(a) 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.
(b) Aid fire districts and permit agents in carrying out their responsibilities for administering field sanitization programs.
(c) Subject to available funding, conduct a program for the research and development of alternatives to field burning.
(2) May:
(a) Enter into contracts with public and private agencies to carry out the purposes set forth in subsection (1) of this section;
(b) Obtain patents in the name of the State of Oregon and assign such rights therein as the State Department of Agriculture considers appropriate;
(c) Employ personnel to carry out the duties assigned to it; and
(d) Sell and dispose of all surplus property of the State Department of Agriculture related to smoke management, including but not limited to straw-based products produced or manufactured by the State Department of Agriculture. [1991 c.920 §9; 2001 c.70 §3]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 468A - Air Quality › Section 468A.595 - Commission rules to regulate burning pursuant to ORS 468A.550 to 468A.620.

In order to regulate open field burning pursuant to ORS 468A.550 to 468A.620:
(1) 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, annual grass seed crops and grain crops.
(2) Before promulgating rules pursuant to subsection (1) of this section, the commission may consult with Oregon State University, the United States Natural Resources Conservation Service, or its successor agency, the Agricultural Stabilization Commission, the state Soil and Water Conservation Commission and other interested agencies. The Department of Environmental Quality shall advise the commission in the promulgation of such rules. The commission must review and show on the record the recommendations of the department in promulgating such rules.
(3) No regional air quality control authority shall have authority to regulate burning of perennial grass seed crops, annual grass seed crops and grain crops.
(4) Any amendments to the State Implementation Plan prepared by the state pursuant to the federal Clean Air Act, 42 U.S.C. 7401 et seq., as in effect on July 14, 2009, shall be at least of such sufficiency as to gain approval of the amendment by the United States Environmental Protection Agency. [Formerly 468.460; 1997 c.249 §163; 2009 c.692 §5]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 468A - Air Quality › Section 468A.597 - Duty to dispose of straw.

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. [1993 c.414 §2]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 468A - Air Quality › Section 468A.605 - Duties of Department of Environmental Quality.

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:
(1) Enforce all field burning rules adopted by the Environmental Quality Commission and all related statutes; and
(2) Monitor and prevent unlawful field burning. [1991 c.920 §11; 1995 c.358 §4]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 468A - Air Quality › Section 468A.612 - Field burning prohibition in critical nonburn areas; rules.

(1) 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.
(2) To ensure that the provision of electricity services is not interrupted, the critical nonburn areas described in subsection (1) of this section may include, but are not limited to, areas under power transmission lines. [2009 c.692 §8]
Note:
468A.612 was added to and made a part of 468A.550 to 468A.620 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 468A - Air Quality › Section 468A.620 - Experimental field sanitization; rules.

(1) 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 grass seed crops and grain crops in such areas and for such periods of time as the commission considers necessary. Experimental field sanitization includes but is not limited to:
(a) Development, demonstration or training personnel in the use of special or unusual field ignition techniques or methodologies.
(b) Setting aside times, days or areas for special studies.
(c) Operation of experimental mobile field sanitizers and improved propane flaming devices.
(d) Improved methods of stack or pile burning.
(2) The commission may allow open burning under this section of acreage for which permits have not been issued under ORS 468A.575 if the commission finds that the experimental burning:
(a) Can, in theory, reduce the adverse effects on air quality or public health from open field burning; and
(b) Is necessary in order to obtain information on air quality, public health or the agronomic effects of an experimental form of field sanitization.
(3) The commission may, by rule, establish fees, registration requirements and other requirements or limitations necessary to carry out the provisions of this section. [1991 c.920 §14; 2009 c.692 §10]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 468A - Air Quality › Section 468A.625 - Definitions for ORS 468A.630 to 468A.645.

As used in ORS 468A.630 to 468A.645:
(1) "Chlorofluorocarbons" includes:
(a) CFC-11 (trichlorofluoromethane);
(b) CFC-12 (dichlorodifluoromethane);
(c) CFC-113 (trichlorotrifluoroethane);
(d) CFC-114 (dichlorotetrafluoroethane); and
(e) CFC-115 ((mono)chloropentafluoro-ethane).
(2) "Halon" includes:
(a) Halon-1211 (bromochlorodifluoro-ethane);
(b) Halon-1301 (bromotrifluoroethane); and
(c) Halon-2402 (dibromotetrafluoro-ethane). [Formerly 468.612]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 468A - Air Quality › Section 468A.630 - Legislative findings.

(1) 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.
(2) It is therefore declared to be the policy of the State of Oregon to:
(a) Reduce the use of these compounds;
(b) Recycle these compounds in use; and
(c) Encourage the substitution of less dangerous substances. [Formerly 468.614]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 468A - Air Quality › Section 468A.635 - Restrictions on sale, installation and repairing of items containing chlorofluorocarbons and halon; rules.

(1) After July 1, 1990, no person shall sell at wholesale, and after January 1, 1991, no person shall sell any of the following:
(a) Chlorofluorocarbon coolant for motor vehicles in containers with a total weight of less than 15 pounds.
(b) Handheld halon fire extinguishers for residential use.
(c) Party streamers and noisemakers that contain chlorofluorocarbons.
(d) Electronic equipment cleaners, photographic equipment cleaners and disposable containers of chilling agents that contain chlorofluorocarbons and that are used for noncommercial or nonmedical purposes.
(e) Food containers or other food packaging that is made of polystyrene foam that contains chlorofluorocarbons.
(2)(a) One year after the Environmental Quality Commission determines that equipment for the recovery and recycling of chlorofluorocarbons used in automobile air conditioners is affordable and available, no person shall engage in the business of installing, servicing, repairing, disposing of or otherwise treating automobile air conditioners without recovering and recycling chlorofluorocarbons with approved recovery and recycling equipment.
(b) Until one year after the operative date of paragraph (a) of this subsection, the provisions of paragraph (a) of this subsection shall not apply to:
(A) Any automobile repair shop that has fewer than four employees; or
(B) Any automobile repair shop that has fewer than three covered bays.
(3) The Environmental Quality Commission shall establish by rule standards for approved equipment for use in recovering and recycling chlorofluorocarbons in automobile air conditioners. [Formerly 468.616]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 468A - Air Quality › Section 468A.640 - Department program to reduce use of and recycle compounds.

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. [Formerly 468.618]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 468A - Air Quality › Section 468A.645 - State Fire Marshal; program; halons; guidelines.

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. [Formerly 468.621]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 468A - Air Quality › Section 468A.650 - Legislative findings.

The Legislative Assembly finds that:
(1) Scientific studies have revealed that certain chlorofluorocarbon compounds used in aerosol sprays may be destroying the ozone layer in the earth’s stratosphere;
(2) 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;
(3) Increased intensity of ultraviolet radiation poses a serious threat to life on earth including increased occurrences of skin cancer, damage to food crops, damage to phytoplankton which is vital to the production of oxygen and to the food chain, and unpredictable and irreversible global climatic changes;
(4) It has been estimated that production of ozone destroying chemicals is increasing at a rate of 10 percent per year, at which rate the ozone layer will be reduced 13 percent by the year 2014;
(5) It has been estimated that there has already been one-half to one percent depletion of the ozone layer;
(6) It has been estimated that an immediate halt to production of ozone destroying chemicals would still result in an approximate three and one-half percent reduction in ozone by 1990; and
(7) There is substantial evidence to believe that inhalation of aerosol sprays is a significant hazard to human health. [Formerly 468.600]
Note:
468A.650 and 468A.655 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 468A or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 468A - Air Quality › Section 468A.655 - Prohibition on sale or promotion; exemption for medical use.

(1) 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.
(2) Nothing in this section prohibits the sale of any aerosol spray containing any propellant described in subsection (1) of this section if such aerosol spray is intended to be used for a legitimate medical purpose in the treatment of asthma or any respiratory disorder; or such aerosol spray is intended to be used for a legitimate medical purpose and the State Board of Pharmacy determines by administrative rule that the use of the aerosol spray is essential to such intended use. [Formerly 468.605]
Note:
See note under 468A.650.
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 468A - Air Quality › Section 468A.660 - Wholesale transactions permitted.

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). [Formerly 468.610]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 468A - Air Quality › Section 468A.700 - Definitions for ORS 468A.700 to 468A.760.

As used in ORS 468A.700 to 468A.760:
(1) "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.
(2) "Agent" means an individual who works on an asbestos abatement project for a contractor but is not an employee of the contractor.
(3) "Asbestos" means the asbestiform varieties of serpentine (chrysotile), riebeckite (crocidolite), cummungtonite-grunerite (amosite), anthophyllite, actinolite and tremolite.
(4) "Asbestos abatement project" means any demolition, renovation, repair, construction or maintenance activity of any public or private facility that involves the repair, enclosure, encapsulation, removal, salvage, handling or disposal of any material with the potential of releasing asbestos fibers from asbestos-containing material into the air.
(5) "Asbestos-containing material" means any material containing more than one percent asbestos by weight.
(6) "Contractor" means a person that undertakes for compensation an asbestos abatement project for another person. As used in this subsection, "compensation" means wages, salaries, commissions and any other form of remuneration paid to a person for personal services.
(7) "Facility" means all or part of any public or private building, structure, installation, equipment, vehicle or vessel, including but not limited to ships.
(8) "Friable asbestos material" means any asbestos-containing material that hand pressure can crumble, pulverize or reduce to powder when dry.
(9) "Person" means an individual, public or private corporation, nonprofit corporation, association, firm, partnership, joint venture, business trust, joint stock company, municipal corporation, political subdivision, the state and any agency of the state or any other entity, public or private, however organized.
(10) "Trained worker" means a person who has successfully completed specified training in and can demonstrate knowledge of the health and safety aspects of working with asbestos.
(11) "Worker" means an employee or agent of a contractor or facility owner or operator. [Formerly 468.875]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 468A - Air Quality › Section 468A.705 - Legislative findings.

The Legislative Assembly finds and declares that:
(1) 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.
(2) There is no known minimal level of exposure to asbestos fibers that guarantees the full protection of the public health.
(3) Asbestos-containing material found in or on facilities or used for other purposes within the state is a potential health hazard.
(4) The increasing number of asbestos abatement projects increases the exposure of contractors, workers and the public to the hazards of asbestos.
(5) If improperly performed, an asbestos abatement project creates unnecessary health and safety hazards that are detrimental to citizens and to the state in terms of health, family life, preservation of human resources, wage loss, insurance, medical expenses and disability compensation payments.
(6) It is in the public interest to reduce exposure to asbestos caused by improperly performed asbestos abatement projects through the upgrading of contractor and worker knowledge, skill and competence. [Formerly 468.877]