Chapter 468A — Chapter 468A

ORS 468A.645 State Fire Marshal; program; halons; guidelines. The State Fire Marshal shall establish a program to minimize the unnecessary release of halons into the environment by providing guidelines for alternatives to full-scale dump testing procedures for industrial halon-based fire extinguishing systems. [Formerly 468.621]

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ORS 468A.650 Legislative findings. The Legislative Assembly finds that

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ORS 468A.655 Prohibition on sale or promotion; exemption for medical use. (1) Unless otherwise provided by law, after March 1, 1977, no person shall sell or offer to sell or give as a sales inducement in this state any aerosol spray which contains as a propellant trichloromonofluoromethane, difluorodichloromethane or any other saturated chlorofluorocarbon compound not containing hydrogen

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ORS 468A.660 Wholesale transactions permitted. Nothing in ORS 468A.655 shall prevent wholesale transactions, including but not limited to the transportation, warehousing, sale, and delivery of any aerosol spray described in ORS 468A.655 (1). [Formerly 468.610]

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ORS 468A.700 Definitions for ORS 468A.700 to 468A.760. As used in ORS 468A.700 to 468A.760

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ORS 468A.705 Legislative findings. The Legislative Assembly finds and declares that

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ORS 468A.707 Asbestos abatement program; rules; contractor licensing; worker certification. (1) The Environmental Quality Commission by rule shall

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ORS 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

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ORS 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

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ORS 468A.720 Qualifications for license; application. (1) As used in this section, “related person” means

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ORS 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

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ORS 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

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ORS 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]

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ORS 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

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ORS 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

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ORS 468A.750 Fee schedule; waiver; disposition; rules. (1) By rule and after hearing, the Environmental Quality Commission shall establish a schedule of fees for

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ORS 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

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ORS 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

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ORS 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]

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ORS 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

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ORS 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

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ORS 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

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ORS 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

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ORS 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]

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ORS 468A.795 Definitions. As used in ORS 468A.795 to 468A.807

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ORS 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, 2026, be

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ORS 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

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ORS 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

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ORS 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

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ORS 468A.803 Uses of Clean Diesel Engine Fund; rules. (1) The Department of Environmental Quality shall use the moneys in the Clean Diesel Engine Fund to award

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ORS 468A.805 Environmental Mitigation Trust Agreement moneys; uses; rules. (1) Subject to and consistent with ORS 468A.803 (8) and with the terms of the Environmental Mitigation Trust Agreement, any moneys received by the State of Oregon pursuant to the agreement that are deposited in the Clean Diesel Engine Fund under ORS 468A.801 must be expended by the Department of Environmental Quality as follows

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ORS 468A.807 Rules; compliance with applicable requirements. (1) The Environmental Quality Commission shall adopt rules necessary to implement ORS 468A.795 to 468A.807

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ORS 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

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ORS 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

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ORS 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

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ORS 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]

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ORS 468A.833 Grants, contracts and agreements for community responses to 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]

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ORS 468A.836 Program to support community monitoring of air quality conditions caused by 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 smoke

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ORS 468A.840 Report to Legislative Assembly. (1) The Department of Environmental Quality shall annually report regarding community smoke response plans and the wildfire smoke monitoring program to a committee or interim committee of the Legislative Assembly related to wildfire issues, in the manner provided in ORS 192.245, to the State Wildfire Programs Director and to the Wildfire Programs Advisory Council

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ORS 468A.865 Limit on required temperature for crematory incinerators. Notwithstanding any other provisions of law, the Department of Environmental Quality, the Environmental Quality Commission or a regional air quality control authority formed under ORS 468A.105 may not adopt or enforce any rule or standard that requires a person to operate a human or animal crematory incinerator at a temperature greater than 1,600 degrees Fahrenheit. [2025 c.306 §2]

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ORS 468A.875 Plan for continuous monitoring or sampling of emissions. (1) As used in this section

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ORS 468A.880 Restriction on combustion of hospital, medical or infectious waste. (1) As used in this section

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ORS 468A.885 Surface emissions monitoring and mitigation; rules. (1) As used in this section

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ORS 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

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ORS 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

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