reglab/statecodes huggingface dataset:
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 468A - Air Quality › Section 468A.271 - Clean fuels program design requirements; duties of Department of Environmental Quality, State Department of Agriculture.

(1) The clean fuels program adopted by the Environmental Quality Commission by rule under ORS 468A.266 must be designed such that:
(a) Regulated parties generate deficits and may reconcile the deficits, and thus comply with the low carbon fuel standards for a compliance period, by obtaining and retiring credits;
(b) Regulated parties and credit generators may generate credits for fuels used as substitutes or alternatives for gasoline or diesel;
(c) Regulated parties, credit generators and credit aggregators shall have opportunities to trade credits; and
(d) Regulated parties shall be allowed to carry over to the next compliance period a small deficit without penalty.
(2) The Department of Environmental Quality shall, throughout a compliance period, regularly monitor the availability of fuels needed for compliance with the low carbon fuel standards.
(3)(a) Under the clean fuels program, the department shall monthly calculate the volume-weighted average price of credits and, no later than the last day of the month immediately following the month for which the calculation is completed, post the formula and the nonaggregated data the department used for the calculation and the results of the calculation on the department’s website.
(b) In completing the calculation required by this subsection, the department may exclude from the data set credit transfers without a price or other credit transfers made for a price that falls two standard deviations outside of the mean credit price for the month. The data posted on the department’s website under this section may not include any individually identifiable information or information that would otherwise constitute a trade secret under ORS 192.345.
(4)(a) In addition to the calculation required under subsection (3) of this section, the department shall annually calculate for the preceding calendar year:
(A) The average cost or cost-savings of the low carbon fuel standards per gallon of gasoline and per gallon of diesel; and
(B) The total greenhouse gas emissions reductions attributable to the low carbon fuel standards.
(b) No later than April 15 of each year, the department shall post the formula the department used for the calculations required by this subsection and the results of the calculations on the department’s website.
(c) The State Department of Agriculture shall furnish the formula and results of the calculations required by this subsection to each gas station in this state to facilitate compliance by gas station owners or operators with ORS 646.932. [2017 c.750 §162]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 468A - Air Quality › Section 468A.272 - Fuel supply forecast; forecast review team.

(1) The division of the Oregon Department of Administrative Services that serves as office of economic analysis shall annually coordinate with the Department of Environmental Quality to develop a fuel supply forecast to project the availability of fuels to Oregon necessary for compliance with the low carbon fuel standards. The fuel supply forecast shall include, but need not be limited to, the following with reference to the next compliance period of the clean fuels program:
(a) An estimate of the potential volumes of gasoline, gasoline substitutes and gasoline alternatives and diesel, diesel fuel substitutes and diesel alternatives available to Oregon;
(b) An estimate of the total banked credits and carried over deficits held by regulated parties, credit generators and credit aggregators at the beginning of the compliance period and an estimate of the total credits attributable to fuels described in paragraph (a) of this subsection;
(c) An estimate of the credits needed to meet the scheduled applicable low carbon fuel standard during the forecast compliance period; and
(d) A comparison of the estimates under paragraphs (a) and (b) of this subsection with the estimate under paragraph (c) of this subsection to indicate the availability of fuels needed for compliance with the low carbon fuel standards.
(2) In developing the estimate required under subsection (1)(a) of this section, the division shall consider, but need not be limited to considering:
(a) Constraints that may be preventing access to available and cost-effective low carbon fuels by Oregon, such as geographic and logistical factors, and alleviating factors to the constraints; and
(b) The existing and future vehicle fleet in Oregon.
(3) The division may appoint, in coordination with the Department of Environmental Quality, a forecast review team of relevant experts to participate in the fuel supply forecast or examination of data required by this section. The team may perform any functions assigned by the division, including but not limited to consulting on the design of the forecast. The forecast required by this section must be completed and provided to the department no later than 90 calendar days before the commencement of the compliance period for which the forecast is developed. [2017 c.750 §163]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 468A - Air Quality › Section 468A.273 - Forecast deferral; order; methods for deferring compliance; duration.

(1) No later than 30 calendar days before the commencement of a compliance period, the Department of Environmental Quality shall issue an order declaring a forecast deferral if the fuel supply forecast developed under ORS 468A.272 projects that the amount of credits that will be available during the forecast compliance period will be less than 100 percent of the credits projected to be necessary for regulated parties to comply with the scheduled applicable low carbon fuel standard for the forecast compliance period.
(2) An order declaring a forecast deferral under this section must set forth:
(a) The duration of the forecast deferral;
(b) The types of fuel to which the forecast deferral applies; and
(c) Which of the following methods the department has selected for deferring compliance with the scheduled applicable low carbon fuel standard during the forecast deferral:
(A) Temporarily adjusting the scheduled applicable low carbon fuel standard to a standard identified in the order that better reflects the forecast availability of credits during the forecast compliance period and requiring regulated parties to comply with the temporary standard;
(B) Requiring regulated parties to comply only with the low carbon fuel standard applicable during the compliance period prior to the forecast compliance period; or
(C) Suspending deficit accrual for part or all of the forecast deferral period.
(3)(a) In implementing a forecast deferral, the department may take an action for deferring compliance with the low carbon fuel standard other than, or in addition to, selecting a method under subsection (2)(c) of this section only if the department determines that none of the methods under subsection (2)(c) of this section will provide a sufficient mechanism for containing the costs of compliance with the low carbon fuel standards during the forecast deferral.
(b) If the department makes the determination specified in paragraph (a) of this subsection, the department shall:
(A) Include in the order declaring a forecast deferral the determination and the action to be taken; and
(B) Provide written notification and justification of the determination and the action to:
(i) The Governor;
(ii) The President of the Senate;
(iii) The Speaker of the House of Representatives;
(iv) The majority and minority leaders of the Senate; and
(v) The majority and minority leaders of the House of Representatives.
(4) The duration of a forecast deferral may not be less than one calendar quarter or longer than one compliance period. Only the Environmental Quality Commission may terminate, by order, a forecast deferral before the expiration date of the forecast deferral. Termination of a forecast deferral is effective on the first day of the next calendar quarter after the date that the order declaring the termination is adopted. [2017 c.750 §164]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 468A - Air Quality › Section 468A.277 - Rules; exemptions.

(1) In addition to rules adopted under ORS 468A.266 and 468A.268, the Environmental Quality Commission may adopt rules necessary to carry out the provisions of ORS 468A.265 to 468A.277, including but not limited to standards for persons to qualify for exemptions provided for in subsection (2) of this section.
(2) The provisions of ORS 468A.265 to 468A.277 do not apply to fuel that is demonstrated to have been used in any of the following:
(a) Motor vehicles registered as farm vehicles under the provisions of ORS 805.300.
(b) Farm tractors, as defined in ORS 801.265.
(c) Implements of husbandry, as defined in ORS 801.310.
(d) Motor trucks, as defined in ORS 801.355, used primarily to transport logs.
(e) Motor vehicles that are not designed primarily to transport persons or property, that are operated on highways only incidentally and that are used primarily for construction work.
(f) Watercraft.
(g) Railroad locomotives. [2017 c.750 §167]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 468A - Air Quality › Section 468A.279 - Motor vehicle pollution control systems; definitions; rules; exceptions.

(1) As used in this section:
(a) "Greenhouse gas" has the meaning given that term in ORS 468A.210.
(b) "Motor vehicle" has the meaning given that term in ORS 801.360.
(2) The Environmental Quality Commission may adopt by rule standards and requirements described in this section to reduce greenhouse gas emissions.
(3)(a) The commission may adopt requirements to prevent the tampering, alteration and modification of the original design or performance of motor vehicle pollution control systems.
(b) Before adopting requirements under this section, the commission shall consider the antitampering requirements and exemptions of the State of California.
(4) The commission may adopt requirements for motor vehicle service providers to check and inflate tire pressure according to the tire manufacturer’s or motor vehicle manufacturer’s recommended specifications, provided that the requirements:
(a) Do not apply when the primary purpose of the motor vehicle service is fueling vehicles; and
(b) Do not require motor vehicle service providers to purchase equipment to check and inflate tire pressure.
(5) The commission may adopt restrictions on engine use by commercial ships while at port, and requirements that ports provide alternatives to engine use such as electric power, provided that:
(a) Engine use shall be allowed when necessary to power mechanical or electrical operations if alternatives are not reasonably available;
(b) Engine use shall be allowed when necessary for reasonable periods due to emergencies and other considerations as determined by the commission; and
(c) The requirements must be developed in consultation with representatives of Oregon ports and take into account operational considerations, operational agreements, international protocols and limitations, the ability to fund the purchase and use of electric power equipment and the potential effect of the requirements on competition with other ports.
(6) In adopting rules under this section, the commission shall evaluate:
(a) Safety, feasibility, net reduction of greenhouse gas emissions and cost-effectiveness;
(b) Potential adverse impacts to public health and the environment, including but not limited to air quality, water quality and the generation and disposal of waste in this state;
(c) Flexible implementation approaches to minimize compliance costs; and
(d) Technical and economic studies of comparable greenhouse gas emissions reduction measures implemented in other states and any other studies as determined by the commission.
(7) The provisions of this section do not apply to:
(a) Motor vehicles registered as farm vehicles under the provisions of ORS 805.300.
(b) Farm tractors, as defined in ORS 801.265.
(c) Implements of husbandry, as defined in ORS 801.310.
(d) Motor trucks, as defined in ORS 801.355, used primarily to transport logs. [Formerly 468A.270]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 468A - Air Quality › Section 468A.290 - Oregon Climate Corps; long-term plan; grants and donations.

(1) The University of Oregon, after consultation with the Oregon State University Extension Service, shall, to the extent possible with any moneys received under subsection (3) of this section:
(a) Implement the Oregon Climate Corps through the University of Oregon Institute for a Sustainable Environment Climate Masters program to help Oregon residents, businesses and other entities increase their understanding of climate change, to reduce greenhouse gas emissions and to address the climate change challenges that Oregon faces. The Oregon Climate Corps shall be a trained corps of volunteers to act as catalysts in support of the efforts of public bodies as defined in ORS 174.109, the private sector and nongovernmental organizations.
(b) Model the Oregon Climate Corps described in paragraph (a) of this subsection on other successful public service programs, including but not limited to the Oregon State University Master Gardener and Master Recycler programs, AmeriCorps and AmeriCorps VISTA.
(2) Individuals participating in the Oregon Climate Corps shall be educated on projects meant to address climate challenges, including but not limited to:
(a) Carbon sequestration projects such as local community tree-planting initiatives.
(b) Climate initiatives that emphasize affordable and easily implemented actions for homes, local communities, private businesses, schools and public entities.
(c) Educational projects to increase the implementation of cost-effective, easily achievable changes in practices.
(d) Projects related to renewable energy technologies.
(e) Energy conservation and efficiency projects, such as home weatherization and the installation of solar panels and other renewable energy technologies.
(f) Projects to reduce carbon dioxide emissions from transportation, from manufacturing and from food and produce use and acquisition.
(3)(a) The University of Oregon, after consultations with the Oregon State University Extension Service, shall develop a long-term plan to fund the Oregon Climate Corps.
(b) The University of Oregon may accept grants, donations, contributions or gifts from any source for deposit in the Oregon Climate Corps Fund established under ORS 468A.292 for expenditures for any purpose consistent with this section. [2009 c.480 §1]
Note:
468A.290 and 468A.292 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.292 - Oregon Climate Corps Fund.

The Oregon Climate Corps Fund is established in the State Treasury, separate and distinct from the General Fund. Interest earned by the Oregon Climate Corps Fund shall be credited to the fund. Moneys in the fund are continuously appropriated to the University of Oregon for the purposes specified in ORS 468A.290. [2009 c.480 §2]
Note:
See note under 468A.290.
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 468A - Air Quality › Section 468A.295 - Community climate investment entity fees; rules.

(1) As used in this section and ORS 468A.298:
(a) "Climate protection program" means the program to reduce greenhouse gas emissions from certain air contamination sources in Oregon, first adopted by the Environmental Quality Commission by rule on December 16, 2021.
(b) "Community climate investment entity" means a nonprofit organization that has been approved by the Department of Environmental Quality and has entered into a written agreement with the department to implement projects supported by community climate investment funds.
(c) "Community climate investment funds" means moneys paid by a covered fuel supplier to a community climate investment entity to support implementation of community climate investment projects.
(d) "Covered fuel supplier" means a fuel supplier, in-state producer or local distribution company subject to the requirements of the climate protection program.
(2) The commission may establish by rule a fee to be paid by community climate investment entities. The fee established under this section:
(a) Must be reasonably calculated to cover the costs to the department of administering and overseeing those portions of the climate protection program related to community climate investments; and
(b) May not exceed five percent of the total community climate investment funds received by a community climate investment entity during the period for which the fee applies.
(3) Fees collected under this section shall be deposited into the Community Climate Investment Oversight Account established under ORS 468A.298. [2023 c.442 §80]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 468A - Air Quality › Section 468A.298 - Community Climate Investment Oversight Account.

The Community Climate Investment Oversight Account is established, separate and distinct from the General Fund. The account consists of moneys deposited into the account under ORS 468A.295 and moneys transferred or appropriated to the account by the Legislative Assembly. Interest earned by the account shall be credited to the account. All moneys in the account are continuously appropriated to the Department of Environmental Quality and may be used only to pay the costs of administering and overseeing those portions of the climate protection program related to community climate investments. [2023 c.442 §81]
Note:
Section 52, chapter 442, Oregon Laws 2023, provides:
Sec. 52. Consumption-based greenhouse gas emissions evaluation; report.
(1) The Department of Environmental Quality, in consultation with the Oregon Climate Action Commission, shall evaluate opportunities to reduce Oregon’s consumption-based greenhouse gas emissions. The department shall present its findings in a report submitted in the manner provided in ORS 192.245, and may include recommendations for legislation, to the interim committees of the Legislative Assembly related to the environment, and the commission, no later than September 15, 2024.
(2) The report under this section must:
(a) Update Oregon’s consumption-based greenhouse gas emissions inventory;
(b) Identify opportunities to reduce consumption-based greenhouse gas emissions through materials management or other state programs or policies;
(c) Include recommendations for regularly updating the consumption-based greenhouse gas emissions inventory; and
(d) Evaluate the effects of consumption-based greenhouse gas emissions reductions, taking into account economic, social and environmental factors. [2023 c.442 §52]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 468A - Air Quality › Section 468A.300 - Definitions.

As used in ORS 468.065, 468A.040, 468A.300 to 468A.330, 468A.345, 468A.415, 468A.420 and 468A.460 to 468A.515:
(1) "Administrator" means the administrator of the United States Environmental Protection Agency.
(2) "Clean Air Act" means P.L. 88-206 as amended.
(3) "Federal operating permit program" means the program established by the Environmental Quality Commission and the Department of Environmental Quality pursuant to ORS 468A.310.
(4) "Major source" has the meaning given in section 501(2) of the Clean Air Act.
(5) "Title V" means Title V of the Clean Air Act. [1991 c.752 §3; 2009 c.387 §15; 2018 c.102 §19]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 468A - Air Quality › Section 468A.305 - Purpose.

The Legislative Assembly declares the purpose of ORS 184.730, 184.733, 468.065, 468A.020, 468A.040, 468A.045, 468A.155, 468A.300 to 468A.330, 468A.415, 468A.420 and 468A.485 to 468A.515 is to:
(1) Insure that the state meets its minimum obligations under the Clean Air Act Amendments of 1990.
(2) Avoid direct regulation of industrial sources of air pollution through a federal government administered permit program.
(3) Prevent imposition of Clean Air Act sanctions which would impound federal highway funds appropriated for the state and increase emission offset requirements for new and expanding major industrial sources of air pollution.
(4) Provide adequate resources to fully cover the costs of the Department of Environmental Quality to develop and administer an approvable federal operating permit program in accordance with the Clean Air Act, including costs of permitting, compliance, rule development, emission inventorying, monitoring and modeling and related activities. [1991 c.752 §2]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 468A - Air Quality › Section 468A.310 - Federal operating permit program approval; rules; content of plan.

(1) The Department of Environmental Quality shall prepare and submit to the Administrator of the United States Environmental Protection Agency for approval a federal operating permit program as required to implement Title V. The Environmental Quality Commission and the department may seek interim or partial approval if appropriate.
(2) The commission shall adopt rules to implement the federal operating permit program.
(3) To the maximum extent possible, consistent with subsection (2) of this section, and within budgetary constraints, rules adopted by the commission under subsection (2) of this section shall include:
(a) Streamlined procedures for expeditious review of permit actions in accordance with section 502(b)(6) of the Clean Air Act;
(b) Assurances against unreasonable delays in accordance with section 502(b)(7) of the Clean Air Act;
(c) In accordance with section 502(b)(10) of the Clean Air Act, provisions to allow changes within a permitted facility without requiring permit revisions;
(d) In accordance with section 503(d) of the Clean Air Act, protection for sources that file complete and timely permit applications;
(e) Provisions that deem compliance with a permit to be in compliance with other applicable provisions of the Clean Air Act in accordance with section 504(f) of the Clean Air Act;
(f) In accordance with section 112(i)(5) of the Clean Air Act, a deferral for early reductions of the requirement to meet standards promulgated under section 112(d) of the Clean Air Act;
(g) In accordance with section 504(b) of the Clean Air Act, provisions for alternatives to continuous emissions monitoring that provide sufficiently reliable and timely information; and
(h) Notice and opportunity for public comment as required by the Clean Air Act and for objection by the administrator under section 505(b) of the Clean Air Act. If the administrator objects to a proposed permit, the department shall:
(A) Revise the permit to meet the objection within 90 days after the date of the objection; or
(B) Determine not to issue the permit.
(4) In any discretionary rulemaking necessary to implement the federal operating permit program, the commission shall consider and make publicly available a brief written statement of the commission’s judgment regarding:
(a) The need for the action and a reasonable range of alternatives that would satisfy the need;
(b) The environmental benefit that will be achieved, taking into consideration all environmental media, including energy consumption;
(c) The estimated cost of the rule; and
(d) Other sources of the air contaminants addressed in the rule and whether regulation of the other sources is possible or desirable. [1991 c.752 §§4,22]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 468A - Air Quality › Section 468A.320 - Accountability for costs of program.

The Department of Environmental Quality shall establish a method to account for the costs of the federal operating permit program. The method shall, at a minimum, account for costs incurred for each element of the program as described in section 502(b)(3)(A)(i) through (vi) of the Clean Air Act. In accounting for the costs of the federal operating permit program the department shall include a commensurate amount of the costs for any other permit issued under ORS 468A.040, 468A.045 or 468A.155 to the extent that those costs are considered to be part of the federal operating permit program by the Director of the Department of Environmental Quality. [1991 c.752 §6; 1993 c.790 §8]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 468A - Air Quality › Section 468A.325 - Priority of department work schedule.

(1) Nothing in ORS 468A.040, 468A.300 to 468A.320 or this section shall require the Environmental Quality Commission or Department of Environmental Quality to make less stringent any existing element of the state’s air pollution control program.
(2) To the maximum extent possible under federal laws and regulations and within budgetary constraints, the department shall prioritize its permitting work schedule to address all of the following:
(a) Sources required to have permits under the federal operating permit program;
(b) Other sources over which the department has been granted authority for control of the emission of air contaminants that:
(A) Are either within nonattainment areas or within attainment areas projected by the department to exceed air standards within five years, and which substantially contribute to or cause the nonattainment or projected nonattainment of air quality standards; or
(B) May individually be causing exceedances of air quality standards;
(c) Applications for construction or modification; and
(d) Sources that request a federally enforceable permit from the department regardless of whether such a permit would be required under the federal operating permit program. Within budgetary constraints, the department shall cooperate with sources seeking a federally enforceable permit. [1991 c.752 §8]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 468A - Air Quality › Section 468A.327 - Requirement for adoption, amendment or repeal of rules; oral hearing.

(1) Prior to the adoption, amendment or repeal of any rule pursuant to ORS chapter 183 that applies to any facility required to pay fees under ORS 468A.315, the Environmental Quality Commission shall include with the notice of intended action required under ORS 183.335 (1) a statement of whether the intended action imposes requirements in addition to the applicable federal requirements and, if so, shall include a written explanation of:
(a) The commission’s scientific, economic, technological, administrative or other reasons for exceeding applicable federal requirements; and
(b) Any alternatives the commission considered and the reasons that the alternatives were not pursued.
(2) The statement provided by the commission under subsection (1) of this section shall be based upon information available to the commission at the time the commission prepares the written explanation.
(3) Notwithstanding ORS 183.335 (3), an opportunity for an oral hearing before the commission regarding the statement specified in subsections (1) and (2) of this section shall be granted only if:
(a) The request for a hearing is received, within 14 days after the commission issues the notice of intended action required under ORS 183.335 (1), from 10 persons or from an association having no fewer than 10 members; and
(b) The request describes how the persons or association that made the request will be directly harmed by the adoption, amendment or repeal of a rule under subsection (1) of this section.
(4) If an oral hearing is granted under subsection (3) of this section, the commission shall give notice of the hearing at least 14 days before the hearing to the persons or association requesting the hearing, to any persons who have requested notice pursuant to ORS 183.335 (8) and to the persons specified in ORS 183.335 (15).
(5) Subsection (3) of this section does not apply if the commission includes with the notice of intended action required under ORS 183.335 (1) a notice that an oral hearing will be held before the commission.
(6) The provisions of this section do not apply to temporary rules adopted by the commission under ORS 183.335 (5). [2007 c.480 §3]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 468A - Air Quality › Section 468A.330 - Small Business Stationary Source Technical and Environmental Compliance Assistance Program.

(1) Because of the extraordinary effect that the federal operating permit program may have on small business, there is hereby established within the Department of Environmental Quality a Small Business Stationary Source Technical and Environmental Compliance Assistance Program in accordance with section 507 of the Clean Air Act. This program shall include each element specified in section 507(a) of the Clean Air Act.
(2) A Compliance Advisory Panel is established to:
(a) Advise the department on the effectiveness of the Small Business Stationary Source Technical and Environmental Compliance Assistance Program;
(b) Report to the Administrator of the United States Environmental Protection Agency as required by federal law;
(c) Review the information to be issued by the program for small businesses to assure the information is understandable by a layperson; and
(d) Perform any other function required by the Clean Air Act.
(3) The Compliance Advisory Panel shall consist of not less than seven members:
(a) Two members appointed by the Governor, who are not owners, or representatives of owners, of small business stationary sources, to represent the general public;
(b) Four members who are owners, or who represent owners, of small business stationary sources as follows:
(A) One member appointed by the President of the Senate;
(B) One member appointed by the Speaker of the House;
(C) One member appointed by the Senate Minority Leader; and
(D) One member appointed by the House Minority Leader; and
(c) One member appointed by the Director of the Department of Environmental Quality.
(4)(a) On-site technical assistance for the development and implementation of the Small Business Stationary Source Technical and Environmental Compliance Assistance Program shall not result in inspections or enforcement actions, except that the department may initiate compliance and enforcement actions immediately if, during onsite technical assistance, there is reasonable cause to believe a clear and immediate danger to the public health and safety or to the environment exists.
(b) As used in this subsection:
(A) "Clear" means plain, evident, free from doubt.
(B) "Immediate danger" means a situation in which there is substantial likelihood that serious harm may be experienced within the time frame necessary for the department to pursue an enforcement action. [1991 c.752 §12]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 468A - Air Quality › Section 468A.341 - Clean Communities Fund; uses.

(1) The Clean Communities Fund is established in the State Treasury, separate and distinct from the General Fund. Interest earned by the Clean Communities Fund shall be credited to the fund.
(2) The Clean Communities Fund consists of moneys deposited in the fund pursuant to ORS 468A.339 and any other moneys deposited in the fund from any other public or private source.
(3) Moneys in the Clean Communities Fund are continuously appropriated to the Department of Environmental Quality to be used for actions to reduce public health risks from toxic air contaminants emitted by air contamination sources located within the pilot program area designated by the department under ORS 468A.339. [2018 c.102 §5]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 468A - Air Quality › Section 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. [2018 c.102 §13]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 468A - Air Quality › Section 468A.350 - Definitions for ORS 468A.350 to 468A.400.

As used in ORS 468A.350 to 468A.400:
(1) "Certified system" means a motor vehicle pollution control system for which a certificate of approval has been issued under ORS 468A.365 (3).
(2) "Factory-installed system" means a motor vehicle pollution control system installed by the manufacturer which meets criteria for emission of pollutants in effect under federal laws and regulations applicable on September 9, 1971, or which meets criteria adopted pursuant to ORS 468A.365 (1), whichever criteria are stricter.
(3) "Motor vehicle" includes any self-propelled vehicle used for transporting persons or commodities on public roads and highways but does not include a vehicle of special interest as that term is defined in ORS 801.605, if the vehicle is maintained as a collector’s item and used for exhibitions, parades, club activities and similar uses but not used primarily for the transportation of persons or property, or a racing activity vehicle as defined in ORS 801.404.
(4) "Motor vehicle pollution control system" means equipment designed for installation on a motor vehicle for the purpose of reducing the pollutants emitted from the vehicle, or a system or engine adjustment or modification which causes a reduction of pollutants emitted from the vehicle. [Formerly 468.360; 2007 c.693 §8]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 468A - Air Quality › Section 468A.355 - Legislative findings.

For purposes of ORS 468A.350 to 468A.400, the Legislative Assembly finds:
(1) That the emission of pollutants from motor vehicles is a significant cause of air pollution in many portions of this state.
(2) That the control and elimination of such pollutants are of prime importance for the protection and preservation of the public health, safety and well-being and for the prevention of irritation to the senses, interference with visibility, and damage to vegetation and property.
(3) That the state has a responsibility to establish procedures for compliance with standards which control or eliminate such pollutants.
(4) That the Oregon goal for pure air quality is the achievement of an atmosphere with no detectable adverse effect from motor vehicle air pollution on health, safety, welfare and the quality of life and property. [Formerly 449.951 and then 468.365]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 468A - Air Quality › Section 468A.360 - Motor vehicle emission and noise standards; copy to Department of Transportation.

(1) After public hearing and in accordance with the applicable provisions of ORS chapter 183, the Environmental Quality Commission may adopt motor vehicle emission standards. For the purposes of this section, the commission may include, as a part of such standards, any standards for the control of noise emissions adopted pursuant to ORS 467.030.
(2) The commission shall furnish a copy of standards adopted pursuant to this section to the Department of Transportation and shall publish notice of the standards in a manner reasonably calculated to notify affected members of the public. [Formerly 468.370]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 468A - Air Quality › Section 468A.363 - Purpose of ORS 468A.363, 468A.365, 468A.400 and 815.300.

The Legislative Assembly declares the purpose of ORS 468A.363, 468A.365, 468A.400 and 815.300 is to:
(1) Insure that the health of citizens in the Portland area is not threatened by recurring air pollution conditions.
(2) Provide necessary authority to the Environmental Quality Commission to implement one of the critical elements of the air quality maintenance strategy for the Portland area related to improvements in the motor vehicle inspection program.
(3) Insure that the Department of Environmental Quality is able to submit an approvable air quality maintenance plan for the Portland area through the year 2006 to the Environmental Protection Agency as soon as possible so that area can again be designated as an attainment area and impediments to industrial growth imposed in the Clean Air Act can be removed.
(4) Direct the Environmental Quality Commission to use existing authority to incorporate the following programs for emission reduction credits into the air quality maintenance plan for the Portland area:
(a) California or United States Environmental Protection Agency emission standards for new lawn and garden equipment sold in the Portland area.
(b) Transportation-efficient land use requirements of the transportation planning rule adopted by the Land Conservation and Development Commission.
(c) Improvements in the vehicle inspection program as authorized in ORS 468A.350 to 468A.400, including emission reduction from on-road vehicles resulting from enhanced testing, elimination of exemptions for 1974 and later model year vehicles, and expansion of inspection program boundaries.
(d) An employer trip reduction program that provides an emission reduction from on-road vehicles.
(e) A parking ratio program that limits the construction of new parking spaces for employment, retail and commercial locations.
(f) Emission reductions resulting from any new federal motor vehicle fuel tax.
(g) State and federal alternative fuel vehicles fleet programs that result in emission reductions.
(h) Installation of maximum achievable control technology by major sources of hazardous air pollutants as required by the federal Clean Air Act, as amended, resulting in emission reductions.
(i) As a safety margin, or as a substitute in whole or in part for other elements of the plan, emission reductions resulting from any new state gasoline tax or for any new vehicle registration fee that allows use of revenue for air quality improvement purposes. [1993 c.791 §2]
Note:
468A.363 was added to and made a part of 468A.350 to 468A.400 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.365 - Certification of motor vehicle pollution control systems and inspection of motor vehicles; rules.

The Environmental Quality Commission shall:
(1) Determine and adopt by rule criteria for certification of motor vehicle pollution control systems. In determining the criteria the commission shall consider the following:
(a) The experience of any other state or the federal government;
(b) The cost of the system and of its installation;
(c) The durability of the system;
(d) The ease of determining whether the system, when installed on a motor vehicle, is functioning properly; and
(e) Any other factors which, in the opinion of the commission, render such a system suitable for the control of motor vehicle air pollution or for the protection of the health, safety and welfare of the public.
(2) Prescribe by rule the manner in which a motor vehicle pollution control system shall be tested for certification. The rules may prescribe a more rigorous inspection procedure in the areas designated under ORS 815.300 (2)(a), including any expansion of such boundary under ORS 815.300 (2)(b), in order to reduce air pollution emissions in those areas of the state. No such rule shall require testing for certification more often than once during the period for which registration or renewal of registration for a motor vehicle is issued. No rule shall require testing for certification of a motor vehicle that is exempted from the requirement for certification under ORS 815.300.
(3) Issue certificates of approval for classes of motor vehicle pollution control systems which, after being tested by the commission or by a method acceptable to the commission, the commission finds meet the criteria adopted under subsection (1) of this section.
(4) Designate by rule classifications of motor vehicles for which certified systems are available.
(5) Revoke, suspend or restrict a certificate of approval previously issued upon a determination that the system no longer meets the criteria adopted under subsection (1) of this section pursuant to procedures for a contested case under ORS chapter 183.
(6) Designate suitable methods and standards for testing systems and inspecting motor vehicles to determine and insure compliance with the standards and criteria established by the commission.
(7) Except as provided in ORS 468A.370, contract for the use of or the performance of tests or other services within or without the state. [Formerly 468.375; 1993 c.791 §3]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 468A - Air Quality › Section 468A.370 - Cost-effective inspection program; contracts for inspections.

The Environmental Quality Commission shall determine the most cost-effective method of conducting a motor vehicle pollution control system inspection program as required by ORS 468A.365. Upon finding that savings to the public and increased efficiency would result and the quality of the program would be adequately maintained, the commission may contract with a unit of local government or with a private individual, partnership or corporation authorized to do business in the State of Oregon, for the performance of tests or other services associated with conducting a motor vehicle pollution control system inspection program. [Formerly 468.377]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 468A - Air Quality › Section 468A.375 - Notice to state agencies concerning certifications.

The Department of Environmental Quality shall notify the Department of Transportation and the Oregon State Police whenever certificates of approval for motor vehicle pollution control systems are approved, revoked, suspended or restricted by the Environmental Quality Commission. [Formerly 449.963 and then 468.380]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 468A - Air Quality › Section 468A.380 - Licensing of personnel and equipment; certification of motor vehicles; rules.

(1) The Environmental Quality Commission by rule may:
(a) Establish criteria and examinations for the qualification of persons eligible to inspect motor vehicles and motor vehicle pollution control systems and execute the certificates described under ORS 815.310, and for the procedures to be followed in such inspections.
(b) Establish criteria and examinations for the qualification of equipment, apparatus and methods used by persons to inspect motor vehicles and motor vehicle pollution control systems.
(c) Establish criteria and examinations for the testing of motor vehicles.
(2) Subject to rules of the commission, the Department of Environmental Quality shall:
(a) Issue licenses to any person, type of equipment, apparatus or method qualified pursuant to subsection (1) of this section.
(b) Revoke, suspend or modify licenses issued pursuant to paragraph (a) of this subsection in accordance with the provisions of ORS chapter 183 relating to contested cases.
(c) Issue certificates of compliance for motor vehicles which, after being tested in accordance with the rules of the commission, meet the criteria established under subsection (1) of this section and the standards adopted pursuant to ORS 468A.350 to 468A.385 and 468A.400. [Formerly 468.390]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 468A - Air Quality › Section 468A.385 - Determination of compliance of motor vehicles.

(1) The Environmental Quality Commission shall establish and maintain procedures and programs for determining whether motor vehicles meet the minimum requirements necessary to secure a certificate under ORS 815.310.
(2) Such procedures and programs include, but are not limited to, the installation of a certified system and the adjustment, tune-up, or other mechanical work performed on the motor vehicle in accordance with the requirements of the commission. [Formerly 468.395]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 468A - Air Quality › Section 468A.387 - Operating schedules for testing stations.

(1) The Department of Environmental Quality shall establish flexible weekday operating schedules for testing stations that conduct motor vehicle pollution control system inspections described under ORS 468A.365 that extend the hours of operation beyond 5 p.m. for some testing stations for some days of the week.
(2) After determining the hours of operation for testing stations under subsection (1) of this section, the department shall advertise the hours of operation in as many ways as practicable, including but not limited to:
(a) Enclosing information about the hours of operation in all mailings and notices related to motor vehicle emission testing and motor vehicle registration renewal notices;
(b) Posting the hours of operation at Department of Transportation field offices;
(c) Broadcasting public service announcements; and
(d) Using appropriate Internet and other electronic media services that may be available. [1999 c.475 §2; 2009 c.551 §1]