Chapter 468A — Chapter 468A
195 sections in this chapter.
ORS 468A.220 Nonvoting members. (1) In addition to the members appointed under ORS 468A.215, the Oregon Climate Action Commission includes the following nonvoting members
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(a) The Director of the State Department of Energy; (b) The Director of Transportation; (c) The chairperson of the Public Utility Commission of Oregon; (d) The Director of the Department of Environmental Quality; (e) The Director of Agriculture; (f) The State Forester; (g) The Wa…
ORS 468A.225 Meetings; quorum; personnel; agency reports. (1) A majority of the voting members of the Oregon Climate Action Commission constitutes a quorum for the transaction of business
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(2) The commission shall meet at times and places specified by a majority of the members of the commission. (3) The State Department of Energy shall provide clerical, technical and management personnel to serve the commission. (4) In order to assist the commission in its duties, …
ORS 468A.230 Rules. The Oregon Climate Action Commission may adopt by rule such standards and procedures as it considers necessary for the operation of the commission. [2007 c.907 §8; 2023 c.442 §43]
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Note: See note under 468A.200.
ORS 468A.235 Coordination of state and local efforts to reduce greenhouse gas emissions. The Oregon Climate Action Commission shall recommend ways to coordinate state and local efforts to reduce greenhouse gas emissions in Oregon consistent with the greenhouse gas emissions reduction goals established by ORS 468A.205 and shall recommend efforts to help Oregon prepare for the effects of global warming. The Office of the Governor and state agencies working on multistate and regional efforts to reduce greenhouse gas emissions shall inform the commission about these efforts and shall consider input from the commission for such efforts. [2007 c.907 §9; 2023 c.442 §44]
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Note: See note under 468A.200.
ORS 468A.240 Recommendations; public comment. (1) In furtherance of the greenhouse gas emissions reduction goals established by ORS 468A.205, the Oregon Climate Action Commission may recommend statutory and administrative changes, policy measures and other recommendations to be carried out by state and local governments, businesses, nonprofit organizations or residents. In developing its recommendations, the commission shall consider economic, environmental, health and social costs, and the risks and benefits of alternative strategies, including least-cost options. The commission shall solicit and consider public comment relating to statutory, administrative or policy recommendations
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(2) The commission shall examine possible funding mechanisms to obtain low-cost greenhouse gas emissions reductions and energy efficiency enhancements, including but not limited to those in the natural gas industry. [2007 c.907 §10; 2023 c.442 §45] Note: See note under 468A.200.
ORS 468A.245 Outreach strategy. The Oregon Climate Action Commission shall develop an outreach strategy to educate Oregonians about the scientific aspects and economic impacts of global warming and to inform Oregonians of ways to reduce greenhouse gas emissions and ways to prepare for the effects of global warming. The commission, at a minimum, shall work with state and local governments, the State Department of Energy, the Department of Education, the Higher Education Coordinating Commission and businesses to implement the outreach strategy. [2007 c.907 §11; 2013 c.768 §143c; 2023 c.442 §46]
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Note: See note under 468A.200.
ORS 468A.250 Mandate of Oregon Climate Action Commission. (1) The Oregon Climate Action Commission shall track and evaluate
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(a) Economic, environmental, health and social assessments of global warming impacts on Oregon and the Pacific Northwest; (b) Existing greenhouse gas emissions reduction policies and measures; (c) Economic, environmental, health and social costs, and the risks and benefits of alt…
ORS 468A.255 Citizen advisory groups. The Oregon Climate Action Commission may recommend to the Governor the formation of citizen advisory groups to explore particular areas of concern with regard to the reduction of greenhouse gas emissions and the effects of global warming. [2007 c.907 §13; 2023 c.442 §48]
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Note: See note under 468A.200.
ORS 468A.260 Report to Legislative Assembly. The Oregon Climate Action Commission shall submit a report to the Legislative Assembly, in the manner provided by ORS 192.245, by December 1 of each even-numbered year that describes Oregon’s progress toward achievement of the greenhouse gas emissions reduction goals established by ORS 468A.205. The report may include relevant issues and trends of significance, including trends of greenhouse gas emissions, emerging public policy and technological advances. The report also may discuss measures the state may adopt to mitigate the impacts of global warming on the environment, the economy and the residents of Oregon and to prepare for those impacts. [2007 c.907 §14; 2023 c.442 §49]
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Note: See note under 468A.200. (Low Carbon Fuel Standards)
ORS 468A.265 Definitions. As used in ORS 468A.265 to 468A.277
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(1) “Biodiesel” means a motor vehicle fuel consisting of mono-alkyl esters of long chain fatty acids derived from vegetable oils, animal fats or other nonpetroleum resources, not including palm oil. (2) “Clean fuels program” means the program adopted by rule by the Environmental …
ORS 468A.266 Low carbon fuel standards; clean fuels program; rules. (1) The Environmental Quality Commission, by rule
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(a) Shall adopt low carbon fuel standards for gasoline, diesel and fuels used as substitutes or alternatives for gasoline or diesel; and (b) Shall adopt a clean fuels program for facilitating compliance with the low carbon fuel standards and for managing and containing the costs …
ORS 468A.268 Conditions for considering biodiesel as low carbon fuel; rules. (1) The Environmental Quality Commission by rule shall prohibit fuel that consists entirely of biodiesel, designated as B100, from being considered a low carbon fuel under the low carbon fuel standards unless the fuel complies with ASTM D 6751 and has an oxidation stability induction period of not less than eight hours as determined by the test method described in European standard EN 15751
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(2) The commission may adopt rules different from those required under subsection (1) of this section if an ASTM or EN standard applicable to biodiesel is approved or amended after March 12, 2015, or if the commission finds that different rules are necessary due to changes in tec…
ORS 468A.270 [2009 c.754 §3; renumbered 468A.279 in 2017]
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[Repealed or reserved.]
ORS 468A.271 Clean fuels program design requirements; duties of Department of Environmental Quality, State Department of Agriculture. (1) The clean fuels program adopted by the Environmental Quality Commission by rule under ORS 468A.266 must be designed such that
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(a) Regulated parties generate deficits and may reconcile the deficits, and thus comply with the low carbon fuel standards for a compliance period, by obtaining and retiring credits; (b) Regulated parties and credit generators may generate credits for fuels used as substitutes or…
ORS 468A.272 Fuel supply forecast; forecast review team. (1) The division of the Oregon Department of Administrative Services that serves as office of economic analysis shall annually coordinate with the Department of Environmental Quality to develop a fuel supply forecast to project the availability of fuels to Oregon necessary for compliance with the low carbon fuel standards. The fuel supply forecast shall include, but need not be limited to, the following with reference to the next compliance period of the clean fuels program
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(a) An estimate of the potential volumes of gasoline, gasoline substitutes and gasoline alternatives and diesel, diesel fuel substitutes and diesel alternatives available to Oregon; (b) An estimate of the total banked credits and carried over deficits held by regulated parties, c…
ORS 468A.273 Forecast deferral; order; methods for deferring compliance; duration. (1) No later than 30 calendar days before the commencement of a compliance period, the Department of Environmental Quality shall issue an order declaring a forecast deferral if the fuel supply forecast developed under ORS 468A.272 projects that the amount of credits that will be available during the forecast compliance period will be less than 100 percent of the credits projected to be necessary for regulated parties to comply with the scheduled applicable low carbon fuel standard for the forecast compliance period
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(2) An order declaring a forecast deferral under this section must set forth: (a) The duration of the forecast deferral; (b) The types of fuel to which the forecast deferral applies; and (c) Which of the following methods the department has selected for deferring compliance with …
ORS 468A.274 Emergency deferral; order; methods for deferring compliance; duration; other remedies. (1) The Department of Environmental Quality shall issue an order declaring an emergency deferral
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(a) No later than 15 calendar days after the date that the department determines that: (A) There is a known shortage of a fuel or low carbon fuel that is needed for regulated parties to comply with the low carbon fuel standard; and (B) The magnitude of the shortage of that fuel i…
ORS 468A.275 [2009 c.754 §6; 2015 c.4 §3; 2017 c.750 §160; renumbered 468A.266 in 2017]
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[Repealed or reserved.]
ORS 468A.276 Credit clearance markets. (1) The clean fuels program adopted by the Environmental Quality Commission by rule under ORS 468A.266 must include provisions necessary for the Department of Environmental Quality to hold credit clearance markets as a means to facilitate compliance with the low carbon fuel standards
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(2)(a) The department shall hold a credit clearance market for any compliance period in which at least one regulated party reports that the regulated party has a net deficit balance at the end of the compliance period, after retirement of all credits held by the regulated party, …
ORS 468A.277 Rules; exemptions. (1) In addition to rules adopted under ORS 468A.266 and 468A.268, the Environmental Quality Commission may adopt rules necessary to carry out the provisions of ORS 468A.265 to 468A.277, including but not limited to standards for persons to qualify for exemptions provided for in subsection (2) of this section
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(2) The provisions of ORS 468A.265 to 468A.277 do not apply to fuel that is demonstrated to have been used in any of the following: (a) Motor vehicles registered as farm vehicles under the provisions of ORS 805.300. (b) Farm tractors, as defined in ORS 801.265. (c) Implements of …
ORS 468A.279 Motor vehicle pollution control systems; definitions; rules; exceptions. (1) As used in this section
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(a) “Greenhouse gas” has the meaning given that term in ORS 468A.210. (b) “Motor vehicle” has the meaning given that term in ORS 801.360. (2) The Environmental Quality Commission may adopt by rule standards and requirements described in this section to reduce greenhouse gas emiss…
ORS 468A.280 Electricity; fossil fuels; registration and reporting requirements; rules. (1) In addition to any registration and reporting that may be required under ORS 468A.050, the Environmental Quality Commission by rule may require registration and reporting by
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(a) Any person who imports, sells, allocates or distributes for use in this state electricity, the generation of which emits greenhouse gases. (b) Any person who imports, sells or distributes for use in this state fossil fuel that generates greenhouse gases when combusted. (2) Ru…
ORS 468A.290 Oregon Climate Corps; long-term plan; grants and donations. (1) The University of Oregon, after consultation with the Oregon State University Extension Service, shall, to the extent possible with any moneys received under subsection (3) of this section
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(a) Implement the Oregon Climate Corps through the University of Oregon Institute for a Sustainable Environment Climate Masters program to help Oregon residents, businesses and other entities increase their understanding of climate change, to reduce greenhouse gas emissions and t…
ORS 468A.292 Oregon Climate Corps Fund. The Oregon Climate Corps Fund is established in the State Treasury, separate and distinct from the General Fund. Interest earned by the Oregon Climate Corps Fund shall be credited to the fund. Moneys in the fund are continuously appropriated to the University of Oregon for the purposes specified in ORS 468A.290. [2009 c.480 §2]
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Note: See note under 468A.290.
ORS 468A.295 Community climate investment entity fees; rules. (1) As used in this section and ORS 468A.298
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(a) “Climate protection program” means the program to reduce greenhouse gas emissions from certain air contamination sources in Oregon, first adopted by the Environmental Quality Commission by rule on December 16, 2021. (b) “Community climate investment entity” means a nonprofit …
ORS 468A.298 Community Climate Investment Oversight Account. The Community Climate Investment Oversight Account is established, separate and distinct from the General Fund. The account consists of moneys deposited into the account under ORS 468A.295 and moneys transferred or appropriated to the account by the Legislative Assembly. Interest earned by the account shall be credited to the account. All moneys in the account are continuously appropriated to the Department of Environmental Quality and may be used only to pay the costs of administering and overseeing those portions of the climate protection program related to community climate investments. [2023 c.442 §81]
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FEDERAL OPERATING PERMIT PROGRAM
ORS 468A.300 Definitions. As used in ORS 468.065, 468A.040, 468A.300 to 468A.330, 468A.345, 468A.415, 468A.420 and 468A.460 to 468A.515
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(1) “Administrator” means the administrator of the United States Environmental Protection Agency. (2) “Clean Air Act” means P.L. 88-206 as amended. (3) “Federal operating permit program” means the program established by the Environmental Quality Commission and the Department of E…
ORS 468A.305 Purpose. The Legislative Assembly declares the purpose of ORS 184.730, 184.733, 468.065, 468A.020, 468A.040, 468A.045, 468A.155, 468A.300 to 468A.330, 468A.415, 468A.420 and 468A.485 to 468A.515 is to
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(1) Insure that the state meets its minimum obligations under the Clean Air Act Amendments of 1990. (2) Avoid direct regulation of industrial sources of air pollution through a federal government administered permit program. (3) Prevent imposition of Clean Air Act sanctions which…
ORS 468A.310 Federal operating permit program approval; rules; content of plan. (1) The Department of Environmental Quality shall prepare and submit to the Administrator of the United States Environmental Protection Agency for approval a federal operating permit program as required to implement Title V. The Environmental Quality Commission and the department may seek interim or partial approval if appropriate
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(2) The commission shall adopt rules to implement the federal operating permit program. (3) To the maximum extent possible, consistent with subsection (2) of this section, and within budgetary constraints, rules adopted by the commission under subsection (2) of this section shall…
ORS 468A.315 Emission fees for major sources; base fees; basis of fees; rules. (1) The fee schedule required under ORS 468.065 (2) for a source subject to the federal operating permit program shall be based on a schedule established by rule by the Environmental Quality Commission in accordance with this section. Except for the additional fees under subsection (3)(e) of this section and ORS 468A.345, this fee schedule shall be in lieu of any other fee for a permit issued under ORS 468A.040, 468A.045 or 468A.155. The fee schedule shall cover all reasonable direct and indirect costs of implementing the federal operating permit program and shall consist of
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(a) An emission fee of $121 per ton of each regulated pollutant emitted during the prior calendar year as determined under subsection (3) of this section. (b) Fees for the following specific elements of the federal operating permit program: (A) Reviewing and acting upon applicati…
ORS 468A.318 Exemption for certain air curtain incinerators. The Department of Environmental Quality may not, pursuant to the federal operating permit program established under ORS 468A.315, require an air curtain incinerator to have a Title V operating permit if the air curtain incinerator
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(1) Burns only wood waste, clean lumber or yard waste; and (2) Is not otherwise required to obtain a Title V operating permit under the Clean Air Act or any regulation of the federal Environmental Protection Agency. [2025 c.73 §2] Note: 468A.318 was added to and made a part of 46…
ORS 468A.320 Accountability for costs of program. The Department of Environmental Quality shall establish a method to account for the costs of the federal operating permit program. The method shall, at a minimum, account for costs incurred for each element of the program as described in section 502(b)(3)(A)(i) through (vi) of the Clean Air Act. In accounting for the costs of the federal operating permit program the department shall include a commensurate amount of the costs for any other permit issued under ORS 468A.040, 468A.045 or 468A.155 to the extent that those costs are considered to be part of the federal operating permit program by the Director of the Department of Environmental Quality. [1991 c.752 §6; 1993 c.790 §8]
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[Repealed or reserved.]
ORS 468A.325 Priority of department work schedule. (1) Nothing in ORS 468A.040, 468A.300 to 468A.320 or this section shall require the Environmental Quality Commission or Department of Environmental Quality to make less stringent any existing element of the state’s air pollution control program
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(2) To the maximum extent possible under federal laws and regulations and within budgetary constraints, the department shall prioritize its permitting work schedule to address all of the following: (a) Sources required to have permits under the federal operating permit program; (…
ORS 468A.327 Requirement for adoption, amendment or repeal of rules; oral hearing. (1) Prior to the adoption, amendment or repeal of any rule pursuant to ORS chapter 183 that applies to any facility required to pay fees under ORS 468A.315, the Environmental Quality Commission shall include with the notice of intended action required under ORS 183.335 (1) a statement of whether the intended action imposes requirements in addition to the applicable federal requirements and, if so, shall include a written explanation of
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(a) The commission’s scientific, economic, technological, administrative or other reasons for exceeding applicable federal requirements; and (b) Any alternatives the commission considered and the reasons that the alternatives were not pursued. (2) The statement provided by the co…
ORS 468A.330 Small Business Stationary Source Technical and Environmental Compliance Assistance Program. (1) Because of the extraordinary effect that the federal operating permit program may have on small business, there is hereby established within the Department of Environmental Quality a Small Business Stationary Source Technical and Environmental Compliance Assistance Program in accordance with section 507 of the Clean Air Act. This program shall include each element specified in section 507(a) of the Clean Air Act
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(2) A Compliance Advisory Panel is established to: (a) Advise the department on the effectiveness of the Small Business Stationary Source Technical and Environmental Compliance Assistance Program; (b) Report to the Administrator of the United States Environmental Protection Agenc…
ORS 468A.335 As used in ORS 468A.335 to 468A.343 and section 7, chapter 102, Oregon Laws 2018
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(1) “Benchmark for excess lifetime cancer risk” means: (a) For a new or reconstructed air contamination source, an excess lifetime cancer risk level of 10 in one million. (b) For an existing air contamination source, an excess lifetime cancer risk level established by the Environ…
ORS 468A.337 Individual air contamination source program; rules. (1) The Environmental Quality Commission may adopt a program and rules to reduce public health risks from emissions of toxic air contaminants from individual stationary industrial and commercial air contamination sources. The program and rules adopted under this section may be in addition to any other programs or rules adopted pursuant to ORS chapter 468A
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(2) Except as required by federal law, a program and rules adopted under this section may not require a person in control of an air contamination source to reduce risk associated with toxic air contaminant emissions from that source unless: (a) The air contamination source is one…
ORS 468A.339 Pilot program; rules; applicability. (1)(a) The Environmental Quality Commission may establish by rule a pilot program for evaluating and controlling public health risks from toxic air contaminant emissions from multiple stationary air contamination sources. The requirements of a pilot program adopted under this section shall be in addition to, and not in lieu of, any requirements applicable to a person in control of an air contamination source under a program and rules adopted under ORS 468A.337
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(b) Rules adopted for purposes of evaluating and regulating the public health risks from toxic air contaminant emissions from air contamination sources subject to the pilot program must be consistent with, and administered subject to the provisions of, ORS 468A.337 (3) and (4). (…
ORS 468A.341 Clean Communities Fund; uses. (1) The Clean Communities Fund is established in the State Treasury, separate and distinct from the General Fund. Interest earned by the Clean Communities Fund shall be credited to the fund
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(2) The Clean Communities Fund consists of moneys deposited in the fund pursuant to ORS 468A.339 and any other moneys deposited in the fund from any other public or private source. (3) Moneys in the Clean Communities Fund are continuously appropriated to the Department of Environ…
ORS 468A.343 Public meetings; private actions. (1) The Department of Environmental Quality shall hold any public meeting required by rules adopted pursuant to ORS 468A.335 to 468A.343 and section 7, chapter 102, Oregon Laws 2018. At least one representative of a person in control of an air contamination source for which a permit or plan will be discussed at a public meeting required by a rule adopted under ORS 468A.335 to 468A.343 and section 7, chapter 102, Oregon Laws 2018, must appear at the meeting
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(2) If the Environmental Quality Commission adopts a program and rules pursuant to ORS 468A.337 or a pilot program pursuant to ORS 468A.339, the programs and rules and their applicability to any air contamination source described in this section do not create a new standard of ca…
ORS 468A.345 Fees. (1) The fee schedules authorized under ORS 468.065 (2) for permits described in subsection (2) of this section may include fees that are reasonably calculated to cover the direct and indirect costs of the Department of Environmental Quality and the Environmental Quality Commission in developing and implementing, under ORS 468A.335 to 468A.343 and section 7, chapter 102, Oregon Laws 2018, a program and rules described in ORS 468A.337 or a pilot program described in ORS 468A.339
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(2) The fees authorized by subsection (1) of this section shall: (a) Apply for any class of air contamination sources classified pursuant to ORS 468A.050 for which a person is required to obtain a permit under ORS 468A.040 or 468A.155 or is subject to the federal operating permit…
ORS 468A.350 Definitions for ORS 468A.350 to 468A.400. As used in ORS 468A.350 to 468A.400
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(1) “Certified system” means a motor vehicle pollution control system for which a certificate of approval has been issued under ORS 468A.365 (3). (2) “Factory-installed system” means a motor vehicle pollution control system installed by the manufacturer which meets criteria for e…
ORS 468A.355 Legislative findings. For purposes of ORS 468A.350 to 468A.400, the Legislative Assembly finds
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(1) That the emission of pollutants from motor vehicles is a significant cause of air pollution in many portions of this state. (2) That the control and elimination of such pollutants are of prime importance for the protection and preservation of the public health, safety and wel…
ORS 468A.360 Motor vehicle emission and noise standards; copy to Department of Transportation. (1) After public hearing and in accordance with the applicable provisions of ORS chapter 183, the Environmental Quality Commission may adopt motor vehicle emission standards. For the purposes of this section, the commission may include, as a part of such standards, any standards for the control of noise emissions adopted pursuant to ORS 467.030
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(2) The commission shall furnish a copy of standards adopted pursuant to this section to the Department of Transportation and shall publish notice of the standards in a manner reasonably calculated to notify affected members of the public. [Formerly 468.370]
ORS 468A.363 Purpose of ORS 468A.363, 468A.365, 468A.400 and 815.300. The Legislative Assembly declares the purpose of ORS 468A.363, 468A.365, 468A.400 and 815.300 is to
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(1) Insure that the health of citizens in the Portland area is not threatened by recurring air pollution conditions. (2) Provide necessary authority to the Environmental Quality Commission to implement one of the critical elements of the air quality maintenance strategy for the P…
ORS 468A.365 Certification of motor vehicle pollution control systems and inspection of motor vehicles; rules. The Environmental Quality Commission shall
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(1) Determine and adopt by rule criteria for certification of motor vehicle pollution control systems. In determining the criteria the commission shall consider the following: (a) The experience of any other state or the federal government; (b) The cost of the system and of its i…
ORS 468A.370 Cost-effective inspection program; contracts for inspections. The Environmental Quality Commission shall determine the most cost-effective method of conducting a motor vehicle pollution control system inspection program as required by ORS 468A.365. Upon finding that savings to the public and increased efficiency would result and the quality of the program would be adequately maintained, the commission may contract with a unit of local government or with a private individual, partnership or corporation authorized to do business in the State of Oregon, for the performance of tests or other services associated with conducting a motor vehicle pollution control system inspection program. [Formerly 468.377]
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[Repealed or reserved.]
ORS 468A.375 Notice to state agencies concerning certifications. The Department of Environmental Quality shall notify the Department of Transportation and the Oregon State Police whenever certificates of approval for motor vehicle pollution control systems are approved, revoked, suspended or restricted by the Environmental Quality Commission. [Formerly 449.963 and then 468.380]
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[Repealed or reserved.]
ORS 468A.380 Licensing of personnel and equipment; certification of motor vehicles; rules. (1) The Environmental Quality Commission by rule may
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(a) Establish criteria and examinations for the qualification of persons eligible to inspect motor vehicles and motor vehicle pollution control systems and execute the certificates described under ORS 815.310, and for the procedures to be followed in such inspections. (b) Establi…
ORS 468A.385 Determination of compliance of motor vehicles. (1) The Environmental Quality Commission shall establish and maintain procedures and programs for determining whether motor vehicles meet the minimum requirements necessary to secure a certificate under ORS 815.310
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(2) Such procedures and programs include, but are not limited to, the installation of a certified system and the adjustment, tune-up, or other mechanical work performed on the motor vehicle in accordance with the requirements of the commission. [Formerly 468.395]