Title 36A, Housing; Lottery and Games; Environment

(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…

As used in the laws relating to water pollution, unless the context requires otherwise: (1) “Disposal system” means a system for disposing of wastes, either by surface or underground methods and includes municipal sewerage systems, domestic sewerage systems, treatment works, disp…

(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…

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 …

(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, th…

(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) Discharg…

In relation to the waters of the state, the Environmental Quality Commission by rule may establish effluent limitations, as defined in Section 502 of the Federal Water Pollution Control Act, as amended by Public Law 92-500, October 18, 1972, and other minimum requirements for dis…

(1) In addition to enforcement proceedings pursuant to ORS 468.090 for a violation of a provision, rule, permit or order under this chapter, the Department of Environmental Quality shall implement the procedures established under this section upon the request of the person to who…

(1) The Environmental Quality Commission may perform or cause to be performed any acts necessary to be performed by the state to implement within the jurisdiction of the state the provisions of the Federal Water Pollution Control Act, P.L. 92-500, as amended, and federal regulati…

To the extent allowable by federal law, the Department of Environmental Quality, through its administration of the National Pollutant Discharge Elimination System permit program of the Federal Water Pollution Control Act and granting of variances, shall strive to protect human he…

When the Department of Environmental Quality grants a variance as part of its administration of the National Pollutant Discharge Elimination System permit program of the Federal Water Pollution Control Act, the department shall consult with the applicant and, to the extent allowa…

(1) The Department of Environmental Quality shall follow the procedures set forth in subsection (2) of this section: (a) When developing or selecting among methodologies for the assessment of waters of the state pursuant to sections 303(d) and 305(b) of the Federal Water Pollutio…

(1) The Director of the Department of Environmental Quality shall approve or deny certification of any federally licensed or permitted activity related to hydroelectric power development, under section 401 of the Federal Water Pollution Control Act, P.L. 92-500, as amended. In ma…

Within 60 days after the Department of Environmental Quality receives notice that any federal agency is considering a permit or license application related to a change to a hydroelectric project or proposed hydroelectric project that was previously certified by the Director of th…

(1) Except as provided in ORS 543A.110, nothing in ORS 468.065, 468B.040, 468B.045, 468B.046, 536.015, 536.050, 543.012 and 543.710 and ORS chapter 543A shall be construed to limit or affect any authority of the Director of the Department of Environmental Quality under existing l…

(1) The Environmental Quality Commission shall establish, by rule, a schedule of fees required for state certification under 33 U.S.C. 1341 of the Federal Water Pollution Control Act, as amended. (2) The fees authorized by this section must be based on the nature of the underlyin…

(1) The Environmental Quality Commission by rule may establish standards of quality and purity for the waters of the state in accordance with the public policy set forth in ORS 468B.015. In establishing such standards, the commission shall consider the following factors: (a) The …

(1) Except as provided in ORS 468B.053 or 468B.215, without holding a permit from the Director of the Department of Environmental Quality or the State Department of Agriculture, which permit shall specify applicable effluent limitations, a person may not: (a) Discharge any wastes…

(1) Subject to subsection (2) of this section, the Environmental Quality Commission may increase the fees established under: (a) ORS 448.410, 454.745, 454.755, 454.792, 468B.047 or 468B.195; or (b) ORS 468.065 for permits issued under ORS 468B.050. (2) The commission may not incr…

In lieu of a permit required under ORS 468B.025 or 468B.050, the Environmental Quality Commission by rule may: (1) Exempt de minimis discharges from permit requirements. (2) Exempt from permit requirements subsurface injection of fluids that are authorized under the underground i…

(1) The Department of Environmental Quality may require that plans and specifications for the construction, installation or modification of disposal systems, treatment works and sewerage systems be submitted to the department for its approval or rejection. (2) If the department r…

(1) Where the injury, death, contamination or destruction of fish or other wildlife or injury or destruction of fish or wildlife habitat results from pollution or from any violation of the conditions set forth in any permit or of the orders or rules of the Environmental Quality C…

Consistent with the Federal Water Pollution Control Act, P.L. 92-500, as amended, the Department of Environmental Quality may determine whether selected segments of the waters of the state are capable of attaining designated uses. In conducting its use attainability analysis, the…

(1) The Department of Environmental Quality may perform follow-up assessments of waters of the state that are included in the 1994-1996 list pursuant to section 303 (d) of the Federal Water Pollution Control Act, P.L. 92-500, as amended, for exceeding numeric temperature water qu…

(1) No municipality shall: (a) Dump polluting substances into any public or private body of water that empties directly or indirectly into any navigable body of water in or adjacent to a municipality, except by permit issued by the Department of Environmental Quality. (b) Dump po…