Chapter 468A — Chapter 468A

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

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

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

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

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

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

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

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

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

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

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

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ORS 468A.060 Duty to comply with laws, rules and standards. Any person who complies with the provisions of ORS 468A.055 and receives notification that construction may proceed in accordance therewith is not thereby relieved from complying with any other applicable law, rule or standard. [Formerly 449.739 and then 468.330]

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ORS 468A.065 Furnishing copies of rules and standards to building permit issuing agencies. Whenever under the provisions of ORS 468A.050 to 468A.070 rules or standards are adopted by either the Environmental Quality Commission or a regional authority, the commission or regional authority shall furnish to all building permit issuing agencies within its jurisdiction copies of such rules and standards. [Formerly 449.722 and then 468.335]

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ORS 468A.070 Measurement and testing of contamination sources; rules. (1) Pursuant to rules adopted by the Environmental Quality Commission, the Department of Environmental Quality shall establish a program for measurement and testing of contamination sources and may perform such sampling or testing or may require any person in control of an air contamination source to perform the sampling or testing, subject to the provisions of subsections (2) to (4) of this section. Whenever samples of air or air contaminants are taken by the department for analysis, a duplicate of the analytical report shall be furnished promptly to the person owning or operating the air contamination source

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ORS 468A.075 Variances from air contamination rules and standards; delegation to local governments; notices. (1) The Environmental Quality Commission may grant specific variances which may be limited in time from the particular requirements of any rule or standard to such specific persons or class of persons or such specific air contamination source, upon such conditions as it may consider necessary to protect the public health and welfare. The commission shall grant such specific variance only if it finds that strict compliance with the rule or standard is inappropriate because

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ORS 468A.080 Air and water pollution control permit for geothermal well drilling and operation; enforcement authority of director. (1) Upon issuance of a permit pursuant to ORS 522.115, the Director of the Department of Environmental Quality shall accept applications for such appropriate permits under air and water pollution control laws as are necessary for the drilling of a geothermal well for which the permit has been issued and shall, within 30 days, act upon such application

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ORS 468A.085 Residential open burning of vegetative debris; rules; local government authority. (1) The Environmental Quality Commission shall establish by rule periods during which open burning of vegetative debris from residential yard cleanup shall be allowed or disallowed based on daily air quality and meteorological conditions as determined by the Department of Environmental Quality

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ORS 468A.095 [1995 c.746 §29; repealed by 2011 c.83 §24]

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ORS 468A.096 [1995 c.746 §30; 1999 c.21 §77; repealed by 2011 c.83 §24]

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ORS 468A.098 [1995 c.746 §31; 1999 c.59 §139; repealed by 2011 c.83 §24]

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ORS 468A.100 Definitions for ORS 468A.010 and 468A.100 to 468A.180. As used in ORS 468A.010 and 468A.100 to 468A.180, unless the context requires otherwise

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ORS 468A.105 Formation of regional air quality control authorities. (1) Notwithstanding the provisions of any law or charter to the contrary, a regional air quality control authority may be formed of contiguous territory having a population of at least 130,000 and consisting of two or more counties or parts of counties, two or more cities, or any combination thereof, or any county and a city or cities within the county

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ORS 468A.110 Waiver of population requirements. The Environmental Quality Commission may waive the population requirement of ORS 468A.105 whenever it is satisfied that adequate financing is planned by the participating governments and that the boundaries of the proposed region encompass territory reasonably included within a regional authority for purposes of air quality control. [Formerly 449.857 and then 468.510]

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ORS 468A.115 Nature of authority. A regional air quality control authority is a body corporate, having perpetual succession and may

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ORS 468A.120 Board of directors; term. (1) The board of directors of a regional air quality control authority shall consist of not fewer than five nor more than nine members, designated as follows

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ORS 468A.125 Board where population requirement waived. ORS 468A.120 applies to the designation of the members of the board of directors of a regional air quality control authority formed under a waiver authorized by ORS 468A.110. However, there shall be no maximum number of members and, in lieu of the members designated as provided in ORS 468A.120 (1)(b) to (d), members representing cities within the region shall be designated as follows

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ORS 468A.130 Advisory committee; duties; members; term; chairperson; meetings. (1) The board of directors of the regional authority shall appoint an advisory committee which shall advise the board in matters pertaining to the region and particularly on methods and procedures for the protection of public health and welfare and of property from the adverse effects of air pollution

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ORS 468A.135 Function of authority; rules. (1) When authorized to do so by the Environmental Quality Commission, a regional authority formed under ORS 468A.105 shall exercise the functions relating to air pollution control vested in the commission and the Department of Environmental Quality by ORS 468.020, 468.035, 468.065, 468.070, 468.090, 468.095, 468.120, 468.140, 468A.025, 468A.040, 468A.050, 468A.055, 468A.065, 468A.070 and 468A.700 to 468A.755 insofar as such functions are applicable to the conditions and situations of the territory within the regional authority. The regional authority shall carry out these functions in the manner provided for the commission and the department to carry out the same functions. Such functions may be exercised over both incorporated and unincorporated areas within the territory of the regional authority, regardless of whether the governing body of a city within the territory of the region is participating in the regional authority

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ORS 468A.140 Assumption, retention and transfer of control over classes of air contamination sources. (1) The Environmental Quality Commission may assume and retain control over any class of air contamination source if it finds that such control is beyond the reasonable capabilities of the regional authorities because of the complexity or magnitude of the source

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ORS 468A.145 Contract for commission to retain authority under ORS 468A.135. A regional authority may contract with the Environmental Quality Commission for the commission to retain all or part of the authority that would otherwise be granted to the regional authority under ORS 468A.135, subject to terms of the contract. [Formerly 449.863 and then 468.545]

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ORS 468A.150 Conduct of public hearings; entry of orders. (1) All public hearings other than those held prior to adoption of rules or standards shall be held by the board of directors or before any member or members of the board of directors or a hearing officer, as the board of directors may designate. Such hearings shall be conducted in the manner prescribed in ORS chapter 183

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ORS 468A.155 Rules authorizing regional permit programs. (1) The Environmental Quality Commission by rule may authorize regional authorities to issue permits for air contamination sources within their areas of jurisdiction

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ORS 468A.160 Expansion or dissolution of authority. (1) The territory of a regional authority may be expanded in the manner provided for forming regions by inclusion of an additional contiguous county or city if

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ORS 468A.165 Compliance with state standards required; hearing; notice. (1) The Environmental Quality Commission may require that necessary corrective measures be undertaken within a reasonable time if, after hearing, it finds that

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ORS 468A.170 Payment of costs of services to authority by state. Any consultation and services provided to regional authorities or local air quality control programs by the Environmental Quality Commission may be paid for either from funds appropriated to the commission or under agreements between the parties on a reimbursable basis. [Formerly 449.915 and then 468.570]

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ORS 468A.175 State aid. (1) Subject to the availability of funds therefor

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ORS 468A.180 Payment of certain court costs not required. A regional authority shall not be required to pay any filing, service or other fees or furnish any bond or undertaking upon appeal or otherwise in any action or proceedings in any court in this state in which it is a party or interested. [Formerly 449.923 and then 468.580]

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ORS 468A.183 Definitions. As used in ORS 468A.183 to 468A.199

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ORS 468A.185 Policy. The Legislative Assembly declares that it is the policy of this state to

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ORS 468A.187 Natural and Working Lands Fund. (1)(a) The Natural and Working Lands Fund is established in the State Treasury, separate and distinct from the General Fund. Interest earned by the Natural and Working Lands Fund shall be credited to the fund

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ORS 468A.189 Allocations from Natural and Working Lands Fund; uses of allocated amounts; rules. (1)(a) The Oregon Climate Action Commission shall annually determine amounts to be allocated from the Natural and Working Lands Fund. The commission shall evaluate the following factors when determining amounts to allocate under this subsection

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ORS 468A.191 Report to Legislative Assembly. (1) No later than December 1 of each even-numbered year, the Oregon Climate Action Commission, in consultation with the State Department of Energy, the State Department of Agriculture, the State Forestry Department, the State Department of Fish and Wildlife and the Oregon Watershed Enhancement Board, shall submit a report, in the manner provided by ORS 192.245, to the interim committees of the Legislative Assembly related to the environment and the Governor. The report shall include

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ORS 468A.193 Net biological carbon sequestration and storage baseline; activity-based and community impact metrics. (1) The State Department of Energy and the Oregon Climate Action Commission shall, in coordination with the State Forestry Department, the State Department of Agriculture, the State Department of Fish and Wildlife, the Oregon Watershed Enhancement Board, the Department of State Lands, the State Parks and Recreation Department and the Department of Land Conservation and Development, and in consultation with relevant federal agencies, establish and maintain

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ORS 468A.195 Net biological carbon sequestration and storage inventory. (1) The State Department of Energy and the Oregon Climate Action Commission, in coordination with the State Forestry Department, the State Department of Agriculture, the Oregon Watershed Enhancement Board, the Department of State Lands, the Department of Land Conservation and Development and federal land management partners, shall develop a natural and working lands net biological carbon sequestration and storage inventory. The inventory must

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ORS 468A.197 Advisory committee; members. (1) The Oregon Climate Action Commission may appoint a natural and working lands advisory committee to advise the commission in the performance of the commission’s duties under ORS 468A.183 to 468A.199. The commission shall seek recommendations for committee members from industry and advocacy associations where appropriate

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ORS 468A.199 Consultation with federally recognized Indian tribes. The Oregon Climate Action Commission shall establish a process for consultation with representatives of federally recognized Indian tribes in this state to advise the commission on the performance of its duties under ORS 468A.183 to 468A.199, including the identification of opportunities to support indigenous practices and knowledge from tribal nations to sequester and store carbon on natural and working lands. [2023 c.442 §63]

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ORS 468A.200 Legislative findings. The Legislative Assembly finds that

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ORS 468A.205 Policy; greenhouse gas emissions reduction goals. (1) The Legislative Assembly declares that it is the policy of this state to reduce greenhouse gas emissions in Oregon pursuant to the following greenhouse gas emissions reduction goals

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ORS 468A.210 Definitions for ORS 468A.200 to 468A.260. As used in ORS 468A.200 to 468A.260

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ORS 468A.215 Oregon Climate Action Commission; appointment; term; vacancies; expenses of members. (1) There is created the Oregon Climate Action Commission. The commission shall consist of 35 members, including 13 voting members appointed by the Governor under this section and 22 nonvoting members specified in ORS 468A.220

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