ORS 468A.266
Low carbon fuel standards

  • clean fuels program
  • rules

(1)

The Environmental Quality Commission, by rule:

(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 of compliance with the low carbon fuel standards, in accordance with the requirements of ORS 468A.265 (Definitions) to 468A.277 (Rules).

(2)

The commission may adopt rules related to the low carbon fuel standards, including but not limited to:

(a)

A schedule to phase in implementation of the standards in a manner that reduces the average amount of greenhouse gas emissions per unit of fuel energy of the fuels by 10 percent below 2010 levels by the year 2025 or by a later date if the commission determines that an extension is appropriate to implement the low carbon fuel standards;

(b)

Standards for greenhouse gas emissions attributable to the fuels throughout the lifecycles of the fuels, including but not limited to emissions from the production, storage, transportation and combustion of the fuels and from changes in land use associated with the fuels;

(c)

Provisions allowing the use of all types of low carbon fuels to meet the low carbon fuel standards, including but not limited to biofuels, biogas, natural gas, liquefied petroleum gas, gasoline, diesel, hydrogen and electricity;

(d)

Exemptions for fuels that are used in volumes below thresholds established by the commission;

(e)

Standards, specifications, testing requirements and other measures as needed to ensure the quality of fuels produced in accordance with the low carbon fuel standards, including but not limited to the requirements of ORS 646.910 (Sale of gasoline blended with alcohol prohibited unless mixture meets federal specifications or requirements) to 646.923 (Retention of certificate of analysis) and administrative rules adopted by the State Department of Agriculture for motor fuel quality; and

(f)

Adjustments to the amounts of greenhouse gas emissions per unit of fuel energy assigned to fuels for combustion and drive train efficiency.

(3)

Before adopting low carbon fuel standards under this section, the commission shall consider the low carbon fuel standards of other states for the purpose of determining schedules and goals for the reduction of the average amount of greenhouse gas emissions per unit of fuel energy and the default values for these reductions for applicable fuels.

(4)

The commission shall exempt from the low carbon fuel standards any person who imports in a calendar year less than 500,000 gallons of gasoline and diesel fuel, in total. Any fuel imported by persons that are related or share common ownership or control shall be aggregated together to determine whether a person is exempt under this subsection.

(5)

In adopting rules under this section, the commission shall evaluate:

(a)

Safety, feasibility, net reduction of greenhouse gas emissions and cost-effectiveness;

(b)

Potential adverse impacts to public health and the environment, including but not limited to air quality, water quality and the generation and disposal of waste in this state;

(c)

Flexible implementation approaches to minimize compliance costs; and

(d)

Technical and economic studies of comparable greenhouse gas emissions reduction measures implemented in other states and any other studies as determined by the commission. [Formerly 468A.275]

Source: Section 468A.266 — Low carbon fuel standards; clean fuels program; rules, https://www.­oregonlegislature.­gov/bills_laws/ors/ors468A.­html.

468A.005
Definitions for air pollution laws
468A.010
Policy
468A.015
Purpose of air pollution laws
468A.020
Application of air pollution laws
468A.025
Air purity standards
468A.030
When liability for violation not applicable
468A.035
General comprehensive plan
468A.040
Permits
468A.045
Activities prohibited without permit
468A.050
Classification of air contamination sources
468A.055
Notice prior to construction of new sources
468A.060
Duty to comply with laws, rules and standards
468A.065
Furnishing copies of rules and standards to building permit issuing agencies
468A.070
Measurement and testing of contamination sources
468A.075
Variances from air contamination rules and standards
468A.080
Air and water pollution control permit for geothermal well drilling and operation
468A.085
Residential open burning of vegetative debris
468A.100
Definitions for ORS 468A.010 and 468A.100 to 468A.180
468A.105
Formation of regional air quality control authorities
468A.110
Waiver of population requirements
468A.115
Nature of authority
468A.120
Board of directors
468A.125
Board where population requirement waived
468A.130
Advisory committee
468A.135
Function of authority
468A.140
Assumption, retention and transfer of control over classes of air contamination sources
468A.145
Contract for commission to retain authority under ORS 468A.135
468A.150
Conduct of public hearings
468A.155
Rules authorizing regional permit programs
468A.160
Expansion or dissolution of authority
468A.165
Compliance with state standards required
468A.170
Payment of costs of services to authority by state
468A.175
State aid
468A.180
Payment of certain court costs not required
468A.200
Legislative findings
468A.205
Policy
468A.210
Definitions for ORS 352.823 and 468A.200 to 468A.260
468A.215
Oregon Global Warming Commission
468A.220
Ex officio nonvoting members
468A.225
Meetings
468A.230
Rules
468A.235
Coordination of state and local efforts to reduce greenhouse gas emissions
468A.240
Recommendations
468A.245
Outreach strategy
468A.250
Mandate of Oregon Global Warming Commission
468A.255
Citizen advisory groups
468A.260
Report to Legislative Assembly
468A.265
Definitions
468A.266
Low carbon fuel standards
468A.268
Conditions for considering biodiesel as low carbon fuel
468A.271
Clean fuels program design requirements
468A.272
Fuel supply forecast
468A.273
Forecast deferral
468A.274
Emergency deferral
468A.276
Credit clearance markets
468A.277
Rules
468A.279
Motor vehicle pollution control systems
468A.280
Electricity
468A.290
Oregon Climate Corps
468A.292
Oregon Climate Corps Fund
468A.300
Definitions
468A.305
Purpose
468A.310
Federal operating permit program approval
468A.315
Emission fees for major sources
468A.320
Accountability for costs of program
468A.325
Priority of department work schedule
468A.327
Requirement for adoption, amendment or repeal of rules
468A.330
Small Business Stationary Source Technical and Environmental Compliance Assistance Program
468A.335
Definitions
468A.337
Individual air contamination source program
468A.339
Pilot program
468A.341
Clean Communities Fund
468A.343
Public meetings
468A.345
Fees
468A.350
Definitions for ORS 468A.350 to 468A.400
468A.355
Legislative findings
468A.360
Motor vehicle emission and noise standards
468A.363
Purpose of ORS 468A.363, 468A.365, 468A.400 and 815.300
468A.365
Certification of motor vehicle pollution control systems and inspection of motor vehicles
468A.370
Cost-effective inspection program
468A.375
Notice to state agencies concerning certifications
468A.380
Licensing of personnel and equipment
468A.385
Determination of compliance of motor vehicles
468A.387
Operating schedules for testing stations
468A.390
Designation of areas of the state subject to motor vehicle emission inspection program
468A.395
Bond or letter of credit
468A.400
Fees
468A.405
Authority to limit motor vehicle operation and traffic
468A.410
Administration and enforcement of rules adopted under ORS 468A.405
468A.415
Legislative findings
468A.420
Oxygenated motor vehicle fuels
468A.455
Police enforcement
468A.460
Policy
468A.465
Certification requirements for new solid fuel burning devices
468A.467
Prohibition on burning certain materials in solid fuel burning devices
468A.485
Definitions for ORS 468A.460 to 468A.515
468A.490
Residential Solid Fuel Heating Air Quality Improvement Fund
468A.495
Prohibition on installation of used solid fuel burning devices
468A.500
Prohibition on sale of noncertified solid fuel burning devices
468A.505
Removal
468A.515
Residential solid fuel heating curtailment program requirements
468A.550
Definitions for ORS 468A.550 to 468A.620 and 468A.992
468A.555
Policy to reduce open field burning
468A.560
Applicability of open field burning, propane flaming and stack and pile burning statutes
468A.565
Use of certified alternative thermal field sanitizer
468A.570
Classification of atmospheric conditions
468A.575
Permits for open burning, propane flaming or stack or pile burning
468A.580
Permits
468A.585
Memorandum of understanding with State Department of Agriculture
468A.590
Duties of State Department of Agriculture
468A.595
Commission rules to regulate burning pursuant to ORS 468A.550 to 468A.620
468A.597
Duty to dispose of straw
468A.600
Standards of practice and performance
468A.605
Duties of Department of Environmental Quality
468A.610
Acreage permitted to be open burned, propane flamed or stack or pile burned
468A.612
Field burning prohibition in critical nonburn areas
468A.615
Registration of acreage to be burned
468A.620
Experimental field sanitization
468A.625
Definitions for ORS 468A.630 to 468A.645
468A.630
Legislative findings
468A.635
Restrictions on sale, installation and repairing of items containing chlorofluorocarbons and halon
468A.640
Department program to reduce use of and recycle compounds
468A.645
State Fire Marshal
468A.650
Legislative findings
468A.655
Prohibition on sale or promotion
468A.660
Wholesale transactions permitted
468A.700
Definitions for ORS 468A.700 to 468A.760
468A.705
Legislative findings
468A.707
Asbestos abatement program
468A.710
License required for asbestos abatement project
468A.715
Licensed contractor required
468A.720
Qualifications for license
468A.725
Grounds for license suspension or revocation
468A.730
Worker certificate required
468A.735
Alternatives to protection requirements
468A.740
Accreditation requirements
468A.745
Rules
468A.750
Fee schedule
468A.755
Exemptions
468A.757
Residential asbestos surveys
468A.760
Content of bid advertisement
468A.775
Indoor air quality sampling
468A.780
Schedule of fees
468A.785
Pilot programs
468A.790
Memorandum of understanding with State Department of Agriculture
468A.793
Goal to reduce excess lifetime risk of cancer due to exposure to diesel engine emissions
468A.795
Definitions
468A.796
School buses
468A.797
Standards for certified cost of qualifying replacement, repower or retrofit
468A.799
Standards for qualifying replacements, repowers and retrofits
468A.801
Clean Diesel Engine Fund
468A.803
Uses of Clean Diesel Engine Fund
468A.805
Environmental Mitigation Trust Agreement moneys
468A.807
Rules
468A.810
Certification of approved retrofit technologies
468A.813
Voluntary emission control label program
468A.820
Community emission reduction credit banks
468A.830
Program for environmental and public health impacts of wildfire smoke
468A.833
Grants, contracts and agreements for community responses to wildfire smoke
468A.836
Program to support community monitoring of air quality conditions caused by wildfire smoke
468A.990
Penalties for air pollution offenses
468A.992
Civil penalties for open field burning violations
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