reglab/statecodes huggingface dataset:
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 468A - Air Quality › Section 468A.707 - Asbestos abatement program; rules; contractor licensing; worker certification.

(1) The Environmental Quality Commission by rule shall:
(a) Establish an asbestos abatement program that assures the proper and safe abatement of asbestos hazards through contractor licensing and worker training.
(b) Establish the date after which a contractor must be licensed under ORS 468A.720 and a worker must hold a certificate under ORS 468A.730.
(c) Establish criteria and provisions for granting an extension of time for contractor licensing and worker certification, which may consider the number of workers and the availability of accredited training courses.
(2) The program established under subsection (1) of this section shall include at least:
(a) Criteria for contractor licensing and training;
(b) Criteria for worker certification and training;
(c) Standardized training courses; and
(d) A procedure for inspecting asbestos abatement projects.
(3) In establishing the training requirements under subsections (1) and (2) of this section, the commission shall adopt different training requirements that reflect the different levels of responsibility of the contractor or worker, so that within the category of contractor, sublevels shall be separately licensed or exempted and within the category of worker, sublevels shall be separately certified or exempted. The commission shall specifically address as a separate class, those contractors and workers who perform small scale, short duration renovating and maintenance activity. As used in this subsection, "small scale, short duration renovating and maintenance activity" means a task for which the removal of asbestos is not the primary objective of the job, including but not limited to:
(a) Removal of asbestos-containing insulation on pipes;
(b) Removal of small quantities of asbestos-containing insulation on beams or above ceilings;
(c) Replacement of an asbestos-containing gasket on a valve;
(d) Installation or removal of a small section of drywall; or
(e) Installation of electrical conduits through or proximate to asbestos-containing materials.
(4) The Department of Environmental Quality, on behalf of the commission, shall consult with the Department of Consumer and Business Services and the Oregon Health Authority about proposed rules for the asbestos abatement program to assure that the rules are compatible with all other state and federal statutes and regulations related to asbestos abatement.
(5) The Department of Environmental Quality shall cooperate with the Department of Consumer and Business Services and the Oregon Health Authority to promote proper and safe asbestos abatement work practices and compliance with the provisions of ORS 279B.055 (2)(g), 279B.060 (2)(g), 279C.365 (1)(j), 468.126, 468A.135 and 468A.700 to 468A.760. [1987 c.741 §4; 1993 c.18 §175; 2003 c.794 §293; 2009 c.595 §951]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 468A - Air Quality › Section 468A.710 - License required for asbestos abatement project.

(1) Except as provided in ORS 468A.707 (1)(c) and (3), after the Environmental Quality Commission adopts rules under ORS 468A.707 and 468A.745, no contractor shall work on an asbestos abatement project unless the contractor holds a license issued by the Department of Environmental Quality under ORS 468A.720.
(2) A contractor carrying out an asbestos abatement project shall be responsible for the safe and proper handling and delivery of waste that includes asbestos-containing material to a landfill authorized to receive such waste. [Formerly 468.879]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 468A - Air Quality › Section 468A.715 - Licensed contractor required; exception.

(1) Except as provided in subsection (2) of this section, an owner or operator of a facility containing asbestos shall require only licensed contractors to perform asbestos abatement projects.
(2) A facility owner or operator whose own employees maintain, repair, renovate or demolish the facility may allow the employees to work on asbestos abatement projects only if the employees comply with the training and certification requirements established under ORS 468A.730. [Formerly 468.881]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 468A - Air Quality › Section 468A.720 - Qualifications for license; application.

(1) As used in this section, "related person" means:
(a) A contractor’s current corporate officers, managers, members of the board of directors, general partners or other persons who exercise substantial control on behalf of or over a contractor;
(b) Parent corporations, or similar business entities, that exercise substantial control over the contractor; or
(c) Subsidiary corporations, or similar business entities, over which the contractor exercises substantial control.
(2) The Department of Environmental Quality shall issue an asbestos abatement license to a contractor who:
(a) Successfully completes an accredited training course for contractors.
(b) Requires each employee or agent of the contractor who works on or is directly responsible for an asbestos abatement project to be certified under ORS 468A.730.
(c) Certifies that the contractor has read and understands the applicable state and federal rules and regulations on asbestos abatement and agrees to comply with the rules and regulations.
(3) Notwithstanding subsection (2) of this section, the department may refuse to issue a license to a contractor if the department finds that the contractor or a related person violated any of the provisions of ORS 468A.700 to 468A.755 or rules adopted under ORS 468A.700 to 468A.755.
(4) A contractor shall apply for a license or renewal of a license according to the procedures established by rule by the Environmental Quality Commission. [Formerly 468.883; 2021 c.307 §3]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 468A - Air Quality › Section 468A.725 - Grounds for license suspension or revocation.

(1) As used in this section, "related person" has the meaning given that term in ORS 468A.720.
(2) The Department of Environmental Quality may suspend or revoke an asbestos abatement license issued to a contractor under ORS 468A.720 if the licensee:
(a) Fraudulently obtains or attempts to obtain a license.
(b) Fails at any time to satisfy the qualifications for a license or to comply with rules adopted by the Environmental Quality Commission under ORS 468A.700 to 468A.760.
(c) Fails to meet any applicable state or federal standard relating to asbestos abatement.
(d) Permits an untrained worker to work on an asbestos abatement project.
(e) Employs a worker who fails to comply with applicable state or federal rules or regulations relating to asbestos abatement.
(3) In addition to any penalty provided by ORS 468.140, the department may:
(a) Suspend or revoke the certification of any person who violates the conditions of ORS 468A.700 to 468A.755 or rules adopted under ORS 468A.700 to 468A.755; or
(b) Suspend or revoke the asbestos abatement license issued to any contractor if the contractor or a related person violates the provisions of ORS 468A.700 to 468A.755 or rules adopted under ORS 468A.700 to 468A.755. [Formerly 468.885; 2021 c.307 §4]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 468A - Air Quality › Section 468A.730 - Worker certificate required; qualifications; renewal application; suspension or revocation.

(1) Except as provided in ORS 468A.707 (1)(c) and (3), after the Environmental Quality Commission adopts rules under ORS 468A.745, no worker shall work on an asbestos abatement project unless the person holds a certificate issued by the Department of Environmental Quality or the department’s authorized representative under subsection (2) of this section.
(2) The department or an authorized representative of the department shall issue an asbestos abatement certificate to a worker who successfully completes an accredited asbestos abatement training course approved by the department.
(3) If the commission determines there is a need for a category of workers to update the workers’ training in order to meet new or changed conditions, the commission may require the worker, as a condition of certificate renewal, to successfully complete an accredited asbestos abatement review course.
(4) A worker or the facility owner or operator shall submit an application for an asbestos abatement certificate and renewal of a certificate according to procedures established by rule by the Environmental Quality Commission.
(5) The department may suspend or revoke a certificate if a worker fails to comply with applicable health and safety rules or standards. [Formerly 468.887]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 468A - Air Quality › Section 468A.735 - Alternatives to protection requirements; approval.

Subject to the direction of the Environmental Quality Commission, the Director of the Department of Environmental Quality may approve, on a case-by-case basis, an alternative to a specific worker and public health protection requirement for an asbestos abatement project if the contractor or facility owner or operator submits a written description of the alternative procedure and demonstrates to the director’s satisfaction that the proposed alternative procedure provides worker and public health protection equivalent to the protection that would be provided by the waived provisions. [Formerly 468.889]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 468A - Air Quality › Section 468A.740 - Accreditation requirements; rules.

(1) The Environmental Quality Commission by rule shall provide for accreditation of courses that satisfy training requirements contractors must comply with to qualify for an asbestos abatement license under ORS 468A.720 and courses that workers must successfully complete to become certified under ORS 468A.730.
(2) The accreditation requirements established by the commission under subsection (1) of this section shall reflect the level of training that a course provider must offer to satisfy the licensing requirements under ORS 468A.720 and the certification requirements under ORS 468A.730.
(3) In order to be accredited under subsection (1) of this section, a training course shall include at a minimum material relating to:
(a) The characteristics and uses of asbestos and the associated health hazards;
(b) Local, state and federal standards relating to asbestos abatement work practices;
(c) Methods to protect personal and public health from asbestos hazards;
(d) Air monitoring;
(e) Safe and proper asbestos abatement techniques; and
(f) Proper disposal of waste containing asbestos.
(4) In addition to the requirements under subsection (3) of this section, the person providing a training course for which accreditation is sought shall demonstrate to the satisfaction of the Department of Environmental Quality the ability and proficiency to conduct the training.
(5) Any person providing accredited asbestos abatement training shall make available to the department for audit purposes, at no cost to the department, all course materials, records and access to training sessions.
(6) Applications for accreditation and renewals of accreditation shall be submitted according to procedures established by rule by the commission.
(7) The department may suspend or revoke training course accreditation if the provider fails to meet and maintain any standard established by the commission.
(8) The commission by rule shall establish provisions to allow a worker or contractor trained in another state to use training in other states to satisfy Oregon licensing and certification requirements, if the commission finds that the training received in the other state would meet the requirements of this section. [Formerly 468.891]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 468A - Air Quality › Section 468A.745 - Rules; variances; training; standards; procedures.

The Environmental Quality Commission shall adopt rules to carry out its duties under ORS 279B.055 (2)(g), 279B.060 (2)(g), 279C.365 (1)(j), 468A.135 and 468A.700 to 468A.760. In addition, the commission may:
(1) Allow variances from the provisions of ORS 468A.700 to 468A.755 in the same manner variances are granted under ORS 468A.075.
(2) Establish training requirements for contractors applying for an asbestos abatement license.
(3) Establish training requirements for workers applying for a certificate to work on asbestos abatement projects.
(4) Establish standards and procedures to accredit asbestos abatement training courses for contractors and workers.
(5) Establish standards and procedures for licensing contractors and certifying workers.
(6) Issue, renew, suspend and revoke licenses, certificates and accreditations.
(7) Determine those classes of asbestos abatement projects for which the person undertaking the project must notify the Department of Environmental Quality before beginning the project.
(8) Establish work practice standards, compatible with standards of the Department of Consumer and Business Services, for the abatement of asbestos hazards and the handling and disposal of waste materials containing asbestos.
(9) Provide for asbestos abatement training courses that satisfy the requirements for contractor licensing under ORS 468A.720 or worker certification under ORS 468A.730. [Formerly 468.893; 1993 c.744 §229; 2003 c.794 §294]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 468A - Air Quality › Section 468A.750 - Fee schedule; waiver; disposition; rules.

(1) By rule and after hearing, the Environmental Quality Commission shall establish a schedule of fees for:
(a) Licenses issued under ORS 468A.720;
(b) Worker certification under ORS 468A.730;
(c) Training course accreditation under ORS 468A.740; and
(d) Notices of intent to perform an asbestos abatement project under ORS 468A.745 (7).
(2) The fees established under subsection (1) of this section shall be based upon the costs of the Department of Environmental Quality in carrying out the asbestos abatement program established under ORS 468A.707.
(3) In adopting the schedule of fees under this section the commission shall include provisions and procedures for granting a waiver of a fee.
(4) Not more than once each calendar year, the commission may increase the fees established under this section. The amount of the annual increase may not exceed the anticipated increase in the cost of carrying out the asbestos abatement program or three percent, whichever is lower, unless a larger increase is provided for in the department’s legislatively approved budget.
(5) The fees collected under this section shall be paid into the State Treasury and deposited in the General Fund to the credit of the Department of Environmental Quality. Such moneys are continuously appropriated to the Department of Environmental Quality to pay the department’s expenses in administering and enforcing the asbestos abatement program. [Formerly 468.895; 2023 c.260 §8]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 468A - Air Quality › Section 468A.755 - Exemptions.

(1) Except as provided in subsection (2) of this section, ORS 468A.700 to 468A.750 do not apply to an asbestos abatement project in a private residence if:
(a) The residence is occupied by the owner; and
(b) The owner occupant is performing the asbestos abatement work.
(2) Any person exempt from ORS 468A.700 to 468A.750 under subsection (1) of this section shall handle and dispose of asbestos-containing material in compliance with standards established by the Environmental Quality Commission under ORS 468A.745. [Formerly 468.897]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 468A - Air Quality › Section 468A.757 - Residential asbestos surveys; rules.

(1) The Environmental Quality Commission shall adopt rules prohibiting the demolition of a residence or residential building unless an asbestos survey has been conducted by an inspector accredited in accordance with rules adopted by the commission for the purpose of determining whether asbestos-containing materials are present at the residence or residential building and for other purposes as determined by the commission.
(2) The commission may, by rule:
(a) Establish the procedures for conducting the survey described in subsection (1) of this section; and
(b) Establish exemptions to the prohibition described in subsection (1) of this section.
(3) This section does not apply to a residence or residential building constructed on or after a date identified by the commission by rule. [2015 c.583 §2]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 468A - Air Quality › Section 468A.760 - Content of bid advertisement.

Any public agency requesting bids or proposals for a proposed project shall first make a determination of whether or not the project requires a contractor licensed under ORS 468A.720. The public agency shall include such requirement in the bid or proposal advertisement under ORS 279B.055 (2)(g), 279B.060 (2)(g) and 279C.365 (1)(j). [Formerly 468.899; 2003 c.794 §295]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 468A - Air Quality › Section 468A.775 - Indoor air quality sampling; accreditation and certification programs.

(1) The Environmental Quality Commission shall establish a voluntary accreditation program for those providing indoor air quality sampling services or ventilation system evaluations for public areas, office workplaces or private residences. Provisions shall be made to accept accreditation of other state programs if they are comparable with the accreditation program established under this section.
(2) The Environmental Quality Commission shall establish a voluntary contractor certification program for contractors providing remedial action for residential indoor air pollution. Provisions shall be made to accept accreditation of other state programs if they are comparable with the accreditation program established under this section. [Formerly 468.357]
Note:
468A.775 to 468A.785 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.780 - Schedule of fees; accreditation and certification programs; rules.

The Environmental Quality Commission shall establish by rule a schedule of annual fees, not to exceed $500 per participating contractor, to pay the Department of Environmental Quality’s costs in operating the:
(1) Voluntary accreditation program under ORS 468A.775 (1); and
(2) Voluntary contractor certification program under ORS 468A.775 (2). [Formerly 468.358]
Note:
See note under 468A.775.
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 468A - Air Quality › Section 468A.785 - Pilot programs.

(1) Upon the advice of the Indoor Air Pollution Task Force, the Environmental Quality Commission may establish a pilot program for any product designed for household or office use that is not adequately regulated by federal law that may be a threat to human health by contaminating indoor air.
(2) The Environmental Quality Commission may establish a voluntary product-labeling pilot program to identify products with a low potential for causing indoor air pollution. [Formerly 468.359]
Note:
See note under 468A.775.
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 468A - Air Quality › Section 468A.790 - Memorandum of understanding with State Department of Agriculture; rules.

(1) The Environmental Quality Commission and the State Department of Agriculture shall enter into a memorandum of understanding that addresses the administration and enforcement of air quality laws contained in this chapter that apply to agricultural operations and equipment. The terms of the memorandum of understanding must be consistent with the obligations of this state under the federal Clean Air Act (P.L. 88-206 as amended) and the purposes described in ORS 468A.305. Subject to the terms of the memorandum of understanding and to oversight by the Department of Environmental Quality, the State Department of Agriculture may perform any function of the Department of Environmental Quality under this chapter that relates to air quality, including but not limited to the issuance of permits, establishment of fees, entry and inspection of premises and the assessment of civil penalties.
(2) The Environmental Quality Commission and the State Department of Agriculture shall consider the following when entering into a memorandum of understanding under subsection (1) of this section:
(a) Cooperation with private and public entities associated with agriculture in program research, development and implementation.
(b) Program flexibility.
(c) The use of voluntary measures, including education, demonstration projects and incentives, if practicable and reasonably expected to be effective in helping to carry out regulatory requirements.
(d) The diverse nature of agricultural operations and the importance of, and public interest in, the agricultural production of food, fiber and other products.
(e) The desirability of having the State Department of Agriculture serve as the lead agency responsible for the administration of programs relating to agriculture.
(f) The importance of, and public interest in, the protection of human health and the environment, including the protection of natural resources in special areas of the state designated for their outstanding scenery and historical and cultural importance.
(3) In adopting rules subject to the memorandum of understanding required by subsection (1) of this section, the Environmental Quality Commission and the State Department of Agriculture shall consult with each other. [2007 c.799 §2]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 468A - Air Quality › Section 468A.793 - Goal to reduce excess lifetime risk of cancer due to exposure to diesel engine emissions.

The Environmental Quality Commission shall establish a goal to reduce excess lifetime risk of cancer due to exposure to diesel engine emissions to no more than one case per million individuals by 2017. In setting the goal, the commission shall include a target to substantially reduce the risk to school children from diesel engine emissions produced by Oregon school buses by the end of 2013. The Department of Environmental Quality is directed to track and report to the Legislative Assembly on the progress in meeting this goal. [2007 c.855 §2]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 468A - Air Quality › Section 468A.796 - School buses; repowering or retrofitting of engines; replacement.

(1) All school buses powered by diesel engines operated in Oregon must, by January 1, 2025, be:
(a) Repowered with an engine meeting 2007 fine particulate matter federal exhaust emission standards for diesel heavy-duty engines as set forth in 40 C.F.R. 86.007-11;
(b) Retrofitted:
(A) If retrofitted prior to August 15, 2017, with best available exhaust control technology; or
(B) If retrofitted on or after August 15, 2017, with exhaust controls meeting 2007 fine particulate matter federal exhaust emission standards for diesel heavy-duty engines as set forth in 40 C.F.R. 86.007-11; or
(c) Replaced with school buses manufactured on or after January 1, 2007.
(2) A school bus replaced under subsection (1)(c) of this section may not be used for transportation of any type. [2009 c.631 §2; 2017 c.742 §12]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 468A - Air Quality › Section 468A.797 - Standards for certified cost of qualifying replacement, repower or retrofit; rules.

(1) The Environmental Quality Commission by rule shall establish standards related to the certified cost necessary to perform a qualifying replacement, repower or retrofit.
(2) For the purposes of subsection (1) of this section, certified cost:
(a) May not exceed the incremental cost of labor and hardware that the Department of Environmental Quality finds necessary to perform a qualifying repower or retrofit;
(b) Does not include the cost of any portion of a replacement, repower or retrofit undertaken to comply with any applicable local, state or federal pollution or emissions law or for ordinary maintenance, repair or replacement of a diesel engine; and
(c) May not exceed the cost-effectiveness threshold. [2007 c.855 §7; 2007 c.855 §7a; 2017 c.742 §§3,4]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 468A - Air Quality › Section 468A.799 - Standards for qualifying replacements, repowers and retrofits; rules.

(1) The Environmental Quality Commission by rule shall establish standards for qualifying replacements, repowers and retrofits.
(2) The standards adopted by the commission under this section must require, at a minimum:
(a) For the qualifying replacement of a motor vehicle powered by a diesel engine, that:
(A) The motor vehicle to be scrapped has at least three years of remaining useful life; and
(B) The engine model year of the equivalent motor vehicle is 2010 or newer.
(b) For the qualifying replacement of a piece of equipment powered by a nonroad diesel engine, that:
(A) The nonroad piece of equipment to be scrapped has at least three years of remaining useful life; and
(B) The equivalent equipment is powered by:
(i) A nonroad diesel engine, whether or not capable of being powered by alternative fuel, that meets or exceeds United States Environmental Protection Agency Tier 4 exhaust emission standards for nonroad compression ignition engines;
(ii) A nonroad engine capable of being powered by alternative fuel that meets or exceeds United States Environmental Protection Agency Tier 2 exhaust emission standards for nonroad spark ignition engines; or
(iii) A nonroad engine powered by electricity.
(c) For the qualifying repower of a nonroad diesel engine, that the repower will be accomplished using:
(A) A nonroad diesel engine, whether or not capable of being powered by alternative fuel, that is at least one tier higher than the engine to be scrapped, based on the United States Environmental Protection Agency tier standards for nonroad compression ignition engines;
(B) A nonroad engine capable of being powered by alternative fuel that meets or exceeds United States Environmental Protection Agency Tier 2 exhaust emission standards for nonroad spark ignition engines; or
(C) A nonroad engine powered by electricity.
(d) For the qualifying retrofit of a diesel engine, a resulting reduction of diesel particulate matter emissions by at least 85 percent when compared with the baseline emissions for the relevant engine year and application.
(e) That a list of technologies approved as qualifying repowers or retrofits that have been verified by the United States Environmental Protection Agency or the California Air Resources Board is included in the standards.
(3) The commission by rule shall establish standards for the methods of recycling used for scrapping a motor vehicle, a piece of equipment powered by a nonroad diesel engine or a nonroad diesel engine after a qualifying replacement or repower.
(4) A qualifying replacement, repower or retrofit may not include the replacement, repower or retrofit of a motor vehicle, piece of equipment or engine for which a grant or loan under ORS 468A.803 has previously been awarded or allowed, unless the replacement, repower or retrofit will reduce emissions further than the replacement, repower or retrofit funded by the previous grant or loan. [2007 c.855 §8; 2007 c.855 §8a; 2017 c.742 §§5,6]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 468A - Air Quality › Section 468A.801 - Clean Diesel Engine Fund; interest.

(1) The Clean Diesel Engine Fund is established in the State Treasury separate and distinct from the General Fund. Interest earned by the Clean Diesel Engine Fund shall be credited to the fund. The moneys in the fund are continuously appropriated to the Department of Environmental Quality to be used for the purposes described in ORS 468A.803.
(2) The Clean Diesel Engine Fund consists of:
(a) Funds appropriated by the Legislative Assembly;
(b) Grants provided by the federal government pursuant to the federal Clean Air Act, 42 U.S.C. 7401 et seq., or other federal laws;
(c) Moneys paid to the State of Oregon pursuant to the Environmental Mitigation Trust Agreement;
(d) Any other moneys received by the state for the purpose of providing financial and technical assistance to owners or operators of diesel engines for the purpose of reducing emissions from diesel engines; and
(e) Any moneys deposited in the fund from any other public or private source. [2007 c.855 §9; 2017 c.742 §7]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 468A - Air Quality › Section 468A.807 - Rules; compliance with applicable requirements.

(1) The Environmental Quality Commission shall adopt rules necessary to implement ORS 468A.795 to 468A.807.
(2) Rules adopted under this section must include, but need not be limited to, rules that establish preferences for awarding grants and loans under ORS 468A.803 (1) based upon:
(a) A percentage of diesel engine use in Oregon;
(b) Whether a grant or loan applicant will provide matching funds;
(c) Whether scrapping, replacement, repowering or retrofitting an engine will benefit sensitive populations or areas with elevated concentrations of diesel particulate matter; or
(d) Other criteria as the commission may establish.
(3) Rules adopted by the commission under this section must reserve a portion of the financial assistance available each year for applicants that own or operate a small number of diesel engines or Oregon diesel truck engines and must provide for simplified access to financial assistance for those applicants.
(4) The Department of Environmental Quality may perform activities necessary to ensure that recipients of grants and loans from the Clean Diesel Engine Fund comply with applicable requirements. If the department determines that a recipient has not complied with applicable requirements, the department may order the recipient to refund all grant or loan moneys and may impose penalties pursuant to ORS 468.140. [2017 c.742 §11]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 468A - Air Quality › Section 468A.810 - Certification of approved retrofit technologies; rules.

(1) The Environmental Quality Commission shall adopt by rule criteria for certification of approved retrofit technologies for the retrofit of a diesel engine that powers a medium-duty truck or a heavy-duty truck. In determining the criteria and approved retrofit technologies, the commission shall consider:
(a) Regulations adopted by the State of California for reducing diesel engine emissions from in-use medium-duty trucks and heavy-duty trucks; and
(b) The list of technologies approved as qualifying retrofits included in the standards established by the commission under ORS 468A.799.
(2) The commission shall prescribe by rule the manner for issuing certification that a diesel engine has been retrofitted with approved retrofit technology in compliance with the criteria adopted by rule under subsection (1) of this section.
(3) When proof of certification that a diesel engine has been retrofitted with approved retrofit technology is required under ORS 803.591, the proof may be provided by any means that the Department of Transportation and the commission determine by joint rulemaking or by interagency agreement to be satisfactory. Proof of certification may include, but need not be limited to, a certificate of compliance. [2019 c.645 §7]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 468A - Air Quality › Section 468A.813 - Voluntary emission control label program; rules; fees.

(1) The Environmental Quality Commission shall adopt by rule a program allowing for an owner or operator of a piece of construction equipment powered by a nonroad diesel engine and operated in Oregon to voluntarily demonstrate to the Department of Environmental Quality the emissions profile of the nonroad diesel engine powering the equipment, and to receive and display an emission control label on the piece of construction equipment.
(2) The department may contract with an independent third-party to implement the program described in subsection (1) of this section.
(3) The commission may establish by rule a schedule of fees for participation in the program developed under this section. The fees established under this section shall be based upon the costs of the department in carrying out the program.
(4) The fees collected under subsection (3) of this section shall be deposited into the State Treasury to the credit of an account of the department and are continuously appropriated to the department for payment of the costs of the department in carrying out the provisions of this section. [2019 c.645 §15]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 468A - Air Quality › Section 468A.820 - Community emission reduction credit banks; establishment; rules; credits.

(1) The Department of Environmental Quality shall establish a community emission reduction credit bank upon written request to the department by the appropriate board or boards of county commissioners.
(2) The community emission reduction credit bank shall be governed by rules adopted by the Environmental Quality Commission. The validity of emission reduction credits shall be determined by rule. The rules shall include, but need not be limited to, the following:
(a) Valid emission reduction credits created or banked within two years from the time of actual emission reduction may be transferred to the community bank for up to 10 years. The 10-year period shall begin at the time of actual emission reduction.
(b) The department shall transfer valid emission reduction credits to the community bank upon written application from the holder of the credits.
(c) The department may not discount credits banked under this section during any 10-year period unless the commission finds it necessary to discount the credits to attain or maintain air quality standards.
(3) The community emission reduction credit bank shall be administered by the appropriate board or boards of county commissioners, in coordination with the department. [2001 c.468 §1]
Note:
468A.820 was enacted into law by the Legislative Assembly but was 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.830 - Program for environmental and public health impacts of wildfire smoke.

The Department of Environmental Quality shall develop and implement a program for supporting local communities, in detecting, preparing for, communicating or mitigating the environmental and public health impacts of wildfire smoke. [2021 c.592 §13]
Note:
468A.830 to 468A.836 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.833 - Grants, contracts and agreements for community responses to wildfire smoke.

The Department of Environmental Quality shall establish a program for supporting local communities through intergovernmental agreements, grants, contracts or cooperative agreements to develop and implement community response plans to enhance the communities’ readiness and mitigation capacity for smoke. [2021 c.592 §13a]
Note:
See note under 468A.830.
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 468A - Air Quality › Section 468A.836 - Program to support community monitoring of air quality conditions caused by wildfire smoke.

(1) The Department of Environmental Quality shall establish and implement a program to support communities across this state in monitoring, interpreting and communicating data related to ambient air quality conditions caused by wildfire smoke.
(2) As part of the program, the department shall:
(a) Conduct community outreach in areas of this state that are prone to poor air quality attributable to elevated levels of particulate matter.
(b) Deploy air quality monitoring equipment in a manner sufficient to evaluate an increased prevalence of poor air quality attributable to elevated levels of particulate matter.
(c) Monitor meteorological conditions in a manner sufficient to forecast occurrences of poor air quality. [2021 c.592 §13b]
Note:
See note under 468A.830.
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 468A - Air Quality › Section 468A.875 - Plan for continuous monitoring or sampling of emissions.

(1) As used in this section:
(a) "Continuous automated sampling system" means the total equipment and procedures for automated sample collection, sample recovery and analysis to determine an air contaminant concentration or emission rate by collecting a single sample or multiple integrated samples of the air contaminant for subsequent on- or off-site analysis.
(b) "Continuous emissions monitoring system" means a monitoring system for continuously measuring the emissions of an air contaminant from an incinerator.
(c) "Dioxin/furan" means tetra- through octa-chlorinated dibenzo-p-dioxins and dibenzofurans.
(d) "Municipal solid waste incinerator" means any facility operated before, on or after September 24, 2023, for the purpose of combusting municipal solid waste, regardless of whether the facility is later reclassified as another type of waste combustion facility.
(2)(a) The owner or operator of a municipal solid waste incinerator shall develop a plan to continuously monitor or sample emissions of:
(A) Carbon monoxide;
(B) Sulfur dioxide;
(C) Nitrogen oxides;
(D) Opacity;
(E) PCB;
(F) Dioxin/furan;
(G) Cadmium;
(H) Lead;
(I) Mercury;
(J) Arsenic;
(K) Total chromium;
(L) Manganese;
(M) Nickel;
(N) Selenium; and
(O) Zinc.
(b) Where technologically feasible, the plan must provide for the use of a continuous emissions monitoring system to monitor the air contaminants described in paragraph (a) of this subsection.
(c) If it is not technologically feasible to use a continuous emissions monitoring system to monitor an air contaminant described in paragraph (a) of this subsection, the plan must provide for the use of a continuous automated sampling system to continuously sample that air contaminant.
(3) The plan must describe how the owner or operator will:
(a) Conduct continuous monitoring or sampling required by this section for a period of 12 consecutive months; and
(b) Make emissions data available to the Department of Environmental Quality and the public.
(4)(a) The owner or operator of a municipal solid waste facility must submit the plan required by this section to the department no later than three months after September 24, 2023. Before approving the plan, the department may make such modifications to the plan as necessary to ensure the quality and accuracy of sampling or monitoring data.
(b) The owner or operator of a municipal solid waste incinerator must implement a plan approved by the department no later than three months after the date of approval.
(5) Notwithstanding subsection (4) of this section, the department may at the department’s discretion, for good cause shown, extend the three-month deadlines for submitting or implementing the plan required by this section. [2023 c.612 §2]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 468A - Air Quality › Section 468A.880 - Restriction on combustion of hospital, medical or infectious waste.

(1) As used in this section:
(a) "Hospital, medical or infectious waste" means hospital waste or medical/infectious waste, as those terms are defined in 40 C.F.R. 60.51c, as in effect on September 24, 2023.
(b) "Municipal solid waste incinerator" means any facility operated before, on or after September 24, 2023, for the purpose of combusting municipal solid waste, regardless of whether the facility is later reclassified as another type of waste combustion facility.
(2) A municipal solid waste incinerator may not combust more than 18,000 tons of hospital, medical or infectious waste during a single calendar year. [2023 c.612 §3]
Note:
Sections 4 and 5, chapter 612, Oregon Laws 2023, provide:
Sec. 4. Modification of federal operating permit for municipal solid waste incinerator.
The Department of Environmental Quality shall take all reasonable steps to ensure that any permit issued under the federal operating permit program established under ORS 468A.310 is modified to be consistent with section 3 of this 2023 Act [468A.880] within 12 months of the effective date of this 2023 Act [September 24, 2023]. [2023 c.612 §4]
Sec. 5. Reports.
(1) No later than September 15, 2024, the Department of Environmental Quality shall submit a report on the progress made in implementing section 2 of this 2023 Act [468A.875], including data received by the department, 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.
(2) No later than three months after the completion of the 12-month period required by section 2 of this 2023 Act, the department shall submit a report on the results of the continuous monitoring or sampling conducted under section 2 of this 2023 Act, in the manner provided in ORS 192.245, and may include recommendations for legislation, to the committees or interim committees of the Legislative Assembly related to the environment. [2023 c.612 §5]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 468A - Air Quality › Section 468A.990 - Penalties for air pollution offenses.

(1) Violation of any rule or standard adopted or any order issued by a regional authority relating to air pollution is a Class A misdemeanor.
(2) Unless otherwise provided, each day of violation of any rule, standard or order relating to air pollution constitutes a separate offense.
(3) Violation of ORS 468A.610 or of any rule adopted pursuant to ORS 468A.595 is a Class A misdemeanor. Each day of violation constitutes a separate offense.
(4) Violation of the provisions of ORS 468A.655 is a Class A misdemeanor. [Formerly 468.995]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 468A - Air Quality › Section 468A.992 - Civil penalties for open field burning violations.

(1) In addition to any liability or penalty provided by law, the State Department of Agriculture may impose a civil penalty on any person who fails to comply with a provision of ORS 468A.555 to 468A.620 or any rule adopted thereunder, or a permit issued under ORS 468A.555 to 468A.620, relating to open field burning.
(2) The State Department of Agriculture shall impose any civil penalty under this section in the same manner as the Department of Environmental Quality imposes and collects a civil penalty under ORS 468.140. [1995 c.358 §2; 1997 c.249 §164]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 468B - Water Quality › Section 468B.010 - Authority of commission over water pollution; construction.

(1) Except as otherwise provided in ORS 469.300 to 469.563, 469.590 to 469.619 and 469.930, insofar as the authority of the Environmental Quality Commission over water pollution granted by ORS 448.305, 454.010 to 454.040, 454.205 to 454.225, 454.505 to 454.535, 454.605 to 454.755 and ORS chapters 468, 468A and 468B is inconsistent with any other law, or authority granted to any other state agency, the authority of the commission shall be controlling.
(2) The water pollution control laws of this state shall be liberally construed for the accomplishment of the purposes set forth in ORS 468B.015. [Formerly 449.070 and then 468.705]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 468B - Water Quality › Section 468B.015 - Policy.

Whereas pollution of the waters of the state constitutes a menace to public health and welfare, creates public nuisances, is harmful to wildlife, fish and aquatic life and impairs domestic, agricultural, industrial, recreational and other legitimate beneficial uses of water, and whereas the problem of water pollution in this state is closely related to the problem of water pollution in adjoining states, it is hereby declared to be the public policy of the state:
(1) To conserve the waters of the state through innovative approaches, including but not limited to the appropriate reuse of water and wastes;
(2) To protect, maintain and improve the quality of the waters of the state for public water supplies, for the propagation of wildlife, fish and aquatic life and for domestic, agricultural, industrial, municipal, recreational and other legitimate beneficial uses;
(3) To provide that no waste be discharged into any waters of this state without first receiving the necessary treatment or other corrective action to protect the legitimate beneficial uses of such waters;
(4) To provide for the prevention, abatement and control of new or existing water pollution; and
(5) To cooperate with other agencies of the state, agencies of other states and the federal government in carrying out these objectives. [Formerly 449.077 and then 468.710; 2009 c.248 §1]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 468B - Water Quality › Section 468B.020 - Prevention of pollution.

(1) Pollution of any of the waters of the state is declared to be not a reasonable or natural use of such waters and to be contrary to the public policy of the State of Oregon, as set forth in ORS 468B.015.
(2) In order to carry out the public policy set forth in ORS 468B.015, the Department of Environmental Quality shall take such action as is necessary for the prevention of new pollution and the abatement of existing pollution by:
(a) Fostering and encouraging the cooperation of the people, industry, cities and counties, in order to prevent, control and reduce pollution of the waters of the state; and
(b) Requiring the use of all available and reasonable methods necessary to achieve the purposes of ORS 468B.015 and to conform to the standards of water quality and purity established under ORS 468B.048. [Formerly 449.095 and then 468.715]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 468B - Water Quality › Section 468B.025 - Prohibited activities.

(1) Except as provided in ORS 468B.050 or 468B.053, no person shall:
(a) Cause pollution of any waters of the state or place or cause to be placed any wastes in a location where such wastes are likely to escape or be carried into the waters of the state by any means.
(b) Discharge any wastes into the waters of the state if the discharge reduces the quality of such waters below the water quality standards established by rule for such waters by the Environmental Quality Commission.
(2) No person shall violate the conditions of any waste discharge permit issued under ORS 468B.050.
(3) Violation of subsection (1) or (2) of this section is a public nuisance. [Formerly 449.079 and then 468.720; 1997 c.286 §5]