ORS 468A.315
Emission fees for major sources

  • base fees
  • basis of fees
  • rules

(1)

The fee schedule required under ORS 468.065 (Issuance of permits) (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 (2)(e) of this section and ORS 468A.345 (Fees), this fee schedule shall be in lieu of any other fee for a permit issued under ORS 468A.040 (Permits), 468A.045 (Activities prohibited without permit) or 468A.155 (Rules authorizing regional permit programs). The fee schedule shall cover all reasonable direct and indirect costs of implementing the federal operating permit program and shall consist of:

(a)

An emission fee per ton of each regulated pollutant emitted during the prior calendar year as determined under subsection (2) of this section, subject to annual fee increases as set forth in paragraph (d) of this subsection. The following emission fees apply:

(A)

$27 per ton emitted during the 2006 calendar year.

(B)

$29 per ton emitted during the 2007 calendar year.

(C)

$31 per ton emitted during the 2008 calendar year and each calendar year thereafter.

(b)

Fees for the following specific elements of the federal operating permit program:

(A)

Reviewing and acting upon applications for modifications to federal operating permits.

(B)

Any activity related to permits required under ORS 468A.040 (Permits) other than the federal operating permit program.

(C)

Department of Environmental Quality activities for sources not subject to the federal operating permit program.

(D)

Department review of ambient monitoring networks installed by a source.

(E)

Other distinct department activities created by a source or a group of sources if the commission finds that the activities are unique and specific and that additional rulemaking is necessary and will impose costs upon the department that are not otherwise covered by federal operating permit program fees.

(c)

A base fee for a source subject to the federal operating permit program. This base fee shall be no more than the fees set forth in subparagraphs (A) to (D) of this paragraph, subject to increases as set forth in paragraph (d) of this subsection:

(A)

$2,700 for the period of November 15, 2007, through November 14, 2008.

(B)

$2,900 for the period of November 15, 2008, through November 14, 2009.

(C)

$3,100 for the period of November 15, 2009, through November 14, 2010.

(D)

$4,100 for the period of November 15, 2010, through November 14, 2011, and for each annual period thereafter.

(d)

An annual increase in the fees set forth in paragraphs (a) to (c) of this subsection by the percentage, if any, by which the Consumer Price Index exceeds the Consumer Price Index as of the close of the 12-month period ending on August 31, 1989, if the commission determines by rule that the increased fees are necessary to cover all reasonable direct and indirect costs of implementing the federal operating permit program.

(2)

Intentionally left blank —Ed.

(a)

The fee on emissions of regulated pollutants required under this section shall be based on the amount of each regulated pollutant emitted during the prior calendar year as documented by information provided by the source in accordance with criteria adopted by the commission or, if the source elects to pay the fee based on permitted emissions, the fee shall be based on the emission limit for the plant site of the major source.

(b)

The fee required by subsection (1)(a) of this section does not apply to any emissions in excess of 4,000 tons per year of any regulated pollutant through calendar year 2010 and in excess of 7,000 tons per year of all regulated pollutants for each calendar year thereafter. The department may not revise a major source’s plant site emission limit due solely to payment of the fee on the basis of documented emissions.

(c)

The commission shall establish by rule criteria for the acceptability and verifiability of information related to emissions as documented, including but not limited to the use of:

(A)

Emission monitoring;

(B)

Material balances;

(C)

Emission factors;

(D)

Fuel use;

(E)

Production data; or

(F)

Other calculations.

(d)

The department shall accept reasonably accurate information that complies with the criteria established by the commission as documentation of emissions.

(e)

The rules adopted under this section shall require an additional fee for failure to pay, substantial underpayment of or late payment of emission fees.

(3)

The commission shall establish by rule the size fraction of total particulates subject to emission fees as particulates under this section.

(4)

As used in this section:

(a)

“Regulated pollutant” means particulates, volatile organic compounds, oxides of nitrogen, and sulfur dioxide; and

(b)

“Consumer Price Index” has the meaning given in 42 U.S.C. 7661a(b), as in effect on June 20, 2007. [1991 c.752 §§5,25; 1993 c.790 §§6,7; 2007 c.480 §1; 2009 c.266 §1; 2018 c.102 §20]

Source: Section 468A.315 — Emission fees for major sources; base fees; basis of fees; 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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