Title 36A, Housing; Lottery and Games; Environment

(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 pe…

(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 w…

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 …

(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 accr…

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) Vo…

(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 contaminatin…

(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…

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 re…

As used in ORS 468A.795 to 468A.807: (1) “Alternative fuel” means biofuels, biogas, natural gas, liquefied petroleum gas, hydrogen and electricity. (2) “Best available exhaust control technology” means the most effective exhaust controls to reduce diesel particulate that rely on …

(1) All school buses powered by diesel engines operated in Oregon must, by January 1, 2026, 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:…

(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 …

(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…

(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 Environmenta…

(1) The Department of Environmental Quality shall use the moneys in the Clean Diesel Engine Fund to award: (a) Grants and loans to the owners and operators of motor vehicles powered by diesel engines, and equipment powered by nonroad diesel engines, for up to 25 percent of the ce…

(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 t…

(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 u…

(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…

(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 emissi…

(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 ad…

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…

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 mitigat…

(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. (2) As part of the program, the department sh…

(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, …

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…

(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 …

(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 befor…

(1) As used in this section: (a) “Advanced methane detection technology” means satellite monitoring, airflight monitoring, drones or remote direct monitoring technology that yields emission rates and the location of a methane emissions point source, as further defined by the Envi…

(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 offen…

(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…