ORS 468A.020¹
Application of air pollution laws

(1) Except as provided in subsection (2) of this section, the air quality laws contained in ORS chapters 468, 468A and 468B do not apply to:

(a) Agricultural operations, including but not limited to:

(A) Growing or harvesting crops;

(B) Raising fowl or animals;

(C) Clearing or grading agricultural land;

(D) Propagating and raising nursery stock;

(E) Propane flaming of mint stubble; and

(F) Stack or pile burning of residue from Christmas trees, as defined in ORS 571.505 (Definitions for ORS 571.510 to 571.580), during the period beginning October 1 and ending May 31 of the following year.

(b) Equipment used in agricultural operations, except boilers used in connection with propagating and raising nursery stock.

(c) Barbecue equipment used in connection with any residence.

(d) Heating equipment in or used in connection with residences used exclusively as dwellings for not more than four families, except woodstoves which shall be subject to regulation under this section, ORS 468A.460 (Policy) to 468A.480 (Standards and certification program), 468A.490 (Residential Wood Heating Air Quality Improvement Fund) and 468A.515 (Wood heating curtailment program requirements).

(e) Fires set or permitted by any public agency when such fire is set or permitted in the performance of its official duty for the purpose of weed abatement, prevention or elimination of a fire hazard, or instruction of employees in the methods of fire fighting, which in the opinion of the agency is necessary.

(f) Fires set pursuant to permit for the purpose of instruction of employees of private industrial concerns in methods of fire fighting, or for civil defense instruction.

(2) Subsection (1) of this section does not apply to the extent:

(a) Otherwise provided in ORS 468A.555 (Policy to reduce open field burning) to 468A.620 (Experimental field sanitization), 468A.790 (Memorandum of understanding with State Department of Agriculture), 468A.992 (Civil penalties for open field burning violations), 476.380 (Fire permits) and 478.960 (Burning of certain materials permitted only with permission of fire chief);

(b) Necessary to implement the federal Clean Air Act (P.L. 88-206 as amended) under ORS 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) and 468A.300 (Definitions for federal operating permit program) to 468A.330 (Small Business Stationary Source Technical and Environmental Compliance Assistance Program); or

(c) Necessary for the Environmental Quality Commission, in the commission’s discretion, to implement a recommendation of the Task Force on Dairy Air Quality created under section 3, chapter 799, Oregon Laws 2007, for the regulation of dairy air contaminant emissions. [Formerly 468.290; 1997 c.473 §2; 1999 c.439 §1; 2007 c.799 §4]

Atty. Gen. Opinions

Motor Vehicle Emission Control Inspec­tion Program funding, (1974) Vol 37, p 130

See also annota­tions under ORS 449.775 in permanent edi­tion.

Atty. Gen. Opinions

Power of depart­ment to regulate mining activities or recovery of oil and geothermal resources, (1972) Vol 35, p 1100

Law Review Cita­tions

5 EL 339-353 (1975)

468A.030 (When liability for violation not applicable) (formerly 449.825, then 468.300)

Notes of Decisions

Intent and purpose of this sec­tion is simply to excuse violator from pros­e­cu­­tion on account of viola­tion which resulted from independent, intervening cause such as act of God, war, strife, riot or other similar cause; it does entitle defendant to instruc­tion that willful miscon­duct must be shown to be proximate cause of viola­tion charged in indict­ment. State v. Fry Roofing Co., 9 Or App 189, 495 P2d 751 (1972)

1 Legislative Counsel Committee, CHAPTER 468A—Air Quality, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­468a.­html (2007) (last ac­cessed Feb. 12, 2009).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2007, Chapter 468A, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­468aano.­htm (2007) (last ac­cessed Feb. 12, 2009).
 
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent. Currency Information