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Oregon Bulletin

February 1, 2011

 

Department of Environmental Quality
Chapter 340

Rule Caption: Housekeeping and streamlining for DEQ-administered tax credits.

Adm. Order No.: DEQ 15-2010

Filed with Sec. of State: 12-20-2010

Certified to be Effective: 12-20-10

Notice Publication Date: 10-1-2010

Rules Adopted: 340-016-0088

Rules Amended: 340-016-0080, 340-016-0210

Rules Repealed: 340-016-0100, 340-016-0110, 340-016-0120, 340-016-0130, 340-016-0140, 340-016-0150

Subject: The Environmental Quality Commission:

      • Adopted and amended Pollution Control Tax Credits rules to transfer certificate administration activities to DEQ;

      • Repealed the Pollution Prevention Tax Credit pilot program rules. The statute authorized EQC to issue program certificates through December 31, 1999.

      • Amended the Truck Engine Tax Credit to align the last date of certificate issuance to December 31, 2013 with 2009 amendments to chapter 618, Oregon Laws 2003 in a legislative note following ORS 315.356.

Rules Coordinator: Maggie Vandehey—(503) 229-6878

340-016-0080

Certification

(1) The Preliminary Certificate. The Commission shall pre-certify the eligibility of a facility if the Commission determines the facility is eligible for a pollution control tax credit certificate as set forth in OAR 340-016-0060. The certificate shall be prima facie evidence that the facility is qualified for certification for tax relief under ORS 468.167. Preliminary certification shall not ensure that the facility constructed will receive certification under ORS 468.167 or tax relief under ORS 307.405 or 315.304.

(2) The Final Certificate. The Commission shall certify the actual cost of a pollution control facility as set forth in OAR 340-016-0070 and the portion of the cost properly allocable to pollution control as set forth in ORS 468.190 and OAR 340-016-0075 if the Department determines the facility is eligible for pollution control tax credit certification as set forth in 340-016-0060. The certificate:

(a) Shall bear a separate serial number for each such facility;

(b) May certify two or more facilities which constitute an operational unit under one certificate;

(c) Is effective for purposes of tax relief according to the provisions of ORS 307.405 or ORS 315.304;

(d) Shall be granted:

(A) For 10 consecutive years beginning with tax year of the person taking the tax credit; or

(B) For 20 consecutive years for corporations organized under ORS Chapters 62 or 65 that utilize ad valorem tax-relief. The portion of the facility allocable to pollution control shall be exempt from ad valorem taxation.

(e) Shall be limited to that portion of the eligible and allocable facility costs, as set forth in OAR 340-016-0070 and OAR 340-016-0075 representing the taxpayer’s investment in the pollution control facility.

(f) May certify portions of a facility qualifying under ORS 468.165(1)(c) separately under this section if portions of the facility are owned by more than one person. The actual cost certified for all portions of a facility separately certified under this subsection shall not exceed the total cost of the facility that would have been certified under one certificate. The provisions of ORS 307.405 or ORS 315.304, whichever is applicable, shall apply to any sale, exchange or other disposition of a certified portion of a facility.

(g) May certify a lesser actual cost of the facility or a lesser portion of the actual cost properly allocable to pollution control, material recovery or recycling than was claimed in the application for certification.

(3) Revocation. The Department may order the revocation of the final tax credit certification as set forth in ORS 468.185. The Department shall notify the Department of Revenue and the county assessor of the county in which the facility is located as soon as the order of revocation or reinstatement under this section has become final.

(a) Cause for Revocation. Pursuant to the procedures for a contested case under ORS 183.310 to 183.550, the Department may order revocation of a tax credit for:

(A) Fraud or Misrepresentation, if the certificate was obtained by fraud or misrepresentation. All prior tax relief provided to the certificate holder by virtue of such certificate shall be forfeited. The Department of Revenue or the proper county officers shall proceed to collect taxes not paid by the certificate holder as a result of the tax relief provided to the holder under any provision of ORS 307.405 and 315.304; or

(B) Failure to Operate Facility, if the certificate holder has failed substantially to operate the facility for the purpose of, and to the extent necessary to meet the specifications of the certificate; or in compliance with the applicable Department or Commission statutes, rules, orders or permit conditions. The certificate holder shall be denied any further relief provided under ORS 307.405 or 315.304 in connection with such facility from and after the date that the order of revocation becomes final.

(b) Suspended Revocation. The Department may suspend the revocation of a certificate when operation of a facility ceases if the certificate holder indicates in writing that the facility will be returned to operation within five years time. In the event that the facility is not returned to operation as indicated, the Department shall revoke the certificate.

(c) Impact on Adjacent Facilities. The Department may revoke tax credits held for any facility or piece of equipment which is for the purpose of preventing, controlling, reducing, or eliminating pollution to the same media and which is at a location adjacent to the non-complying facility.

(d) Reinstatement. The Department may reinstate any revoked tax credit certification if the Department finds the non-complying facility has been brought into compliance. The tax credit certification shall be reinstated for the remaining period of the tax credit, less the period beginning on the date the Department revokes the certificate and ending on the date the Department reinstates the certificate.

(4) Sale, Exchange or Disposition of Facility. The certificate holder shall provide the Department with written notice upon any sale, exchange or other disposition of the certified pollution control facility. Upon request, the taxpayer shall provide a copy of the contract or other evidence of disposition of the property to the Department of Environmental Quality. Upon sale or exchange of the facility, the certificate holder may request that the Department transfer a tax credit from one holder to another, the Department shall reissue the certificate to the new holder, and report the transfer of the certificate to the Department of Revenue as set forth in ORS 307.405 and 315.304.

Stat. Auth.: ORS 468.150

Stats. Implemented: ORS 468.150 - 468.190

Hist.: DEQ 5-1998, f. 4-24-98, cert. ef. 5-1-98; DEQ 15-2010, f. & cert. ef. 12-20-10

340-016-0088

Subdelegation of Certificate Administration

(1) The Environmental Quality Commission subdelegates authority to the Director of the Department of Environmental Quality to:

(a) Transfer the tax credit certificate upon sale or exchange of the certified facility under OAR 340-016-0080(4) if:

(A) The new facility owner submits a complete Tax Credit Transfer Request form provided by the Department; and

(B) The Department determines the new facility owner continues to operate the facility according to the conditions of certification under ORS 468.170.

(b) Revoke a certificate under OAR 340-016-0080(3).

(2) The Director may subdelegate the authority provided in section (1) of this rule to the Administrator of the Management Services Division.

Stat. Auth.: ORS 468.020, ORS 468.150

Stats. Implemented: ORS 468.150 - 468.19

Hist.: DEQ 15-2010, f. & cert. ef. 12-20-10

340-016-0210

Purpose

This rule establishes Department of Environmental Quality policies and procedures for issuing tax credits to Oregon taxpayers that purchase qualifying truck engines in accordance with Oregon Law 2003, Chapter 618, Sections 28 through 32. These rules apply only to purchases made on or after September 27, 2007, and certificates issued on or before December 31, 2013.

Stat. Auth.: OL 2003, Sec. 28-32, reprinted in a note following ORS 315.356

Stats. Implemented: OL 2003, Sec. 28-32, reprinted in a note following ORS 315.356

Hist.: DEQ 8-2004, f. & cert. ef. 9-17-04; DEQ 9-2008, f. & cert. ef. 7-11-08; DEQ 15-2010, f. & cert. ef. 12-20-10

 

Rule Caption: Title V operating permit fee increases authorized in statute.

Adm. Order No.: DEQ 16-2010

Filed with Sec. of State: 12-20-2010

Certified to be Effective: 12-20-10

Notice Publication Date: 10-1-2010

Rules Amended: 340-220-0030, 340-220-0040, 340-220-0050

Subject: The rules:

      • Increase Title V fees for 2010 and 2011 and do not require retroactive fee collection;

      • Adopt a fee increase for 2009 identical to the August 2009 Environmental Quality Commission temporary rule amendments that allowed the Department of Environmental Quality to invoice Title V permittees on the normal 2009 billing schedule; and

      • The fees in the rules reflect a technical correction required by statute.

      Federal and state laws require permit fees fund Oregon’s entire Title V program. The statute increases the annual base fee beginning in 2010 and gives the Commission authority to adjust all of the fee categories by the annual change in the consumer price index.

      Title V permitting helps ensure that permit holders comply with state and federal emissions standards. Revenue from the fees will fund the program through 2012.

Rules Coordinator: Maggie Vandehey—(503) 229-6878

340-220-0030

Annual Base Fee

(1) The Department will assess an annual base fee of $ 5,421 for each source subject to the Oregon Title V Operating Permit program for the period of November 15, 2009 to November 14, 2010.

(2) The Department will assess an annual base fee of $ 7,183 for each source subject to the Oregon Title V Operating Permit program for the period of November 15, 2010 to November 14, 2011.

(3) The Department will assess an annual base fee of $ 7,289 for each source subject to the Oregon Title V Operating Permit program for the period of November 15, 2011 to November 14, 2012, and for each annual period thereafter.

Stat. Auth.: ORS 468 & 468A

Stats. Implemented: ORS 468 & 468A

Hist.: DEQ 20-1993(Temp), f. & cert. ef. 11-4-93; DEQ 13-1994, f. & cert. ef. 5-19-94; DEQ 12-1995, f. & cert. ef. 5-23-95; DEQ 22-1995, f. & cert. ef. 10-6-95; DEQ 7-1996, f. & cert. ef. 5-31-96; DEQ 9-1997, f. & cert. ef. 5-9-97; DEQ 12-1998, f. & cert. ef. 6-30-98; DEQ 10-1999, f. & cert. ef. 7-1-99; DEQ 14-1999, f. & cert. ef. 10-14-99, Renumbered from 340-028-2580; DEQ 8-2000, f. & cert. ef. 6-6-00; DEQ 6-2001, f. 6-18-01, cert. ef. 7-1-01; DEQ 7-2001, f. 6-28-01, cert. ef. 7-1-01; DEQ 11-2003, f. & cert. ef. 7-23-03; DEQ 6-2004, f. & cert. ef. 7-29-04; DEQ 6-2005, f. & cert. ef. 7-11-05; DEQ 7-2006, f. & cert. ef. 6-30-06; DEQ 6-2007(Temp), f. & cert. ef. 8-17-07 thru 2-12-08; Administrative correction 2-22-08; DEQ 10-2008, f. & cert. ef. 8-25-08; DEQ 4-2009(Temp), f. & cert. ef. 8-27-09 thru 2-20-10; Administrative correction 3-18-10; DEQ 16-2010, f. & cert. ef. 12-20-10

340-220-0040

Emission Fee

(1) The Department will assess an emission fee of $ 54.21 per ton of each regulated pollutant emitted during calendar year 2008 to each source subject to the Oregon Title V Operating Permit Program.

(2) The Department will assess an emission fee of $ 54.31 per ton of each regulated pollutant emitted during calendar year 2009 to each source subject to the Oregon Title V Operating Permit Program.

(3) The Department will assess an emission fee of $ 55.11 per ton of each regulated pollutant emitted during calendar year 2010 and for each calendar year thereafter to each source subject to the Oregon Title V Operating Permit Program.

(4) The emission fee will be applied to emissions based on the elections made according to OAR 340-220-0090.

Stat. Auth.: ORS 468.020

Stats. Implemented: ORS 468A.035

Hist.: DEQ 20-1993(Temp), f. & cert. ef. 11-4-93; DEQ 13-1994, f. & cert. ef. 5-19-94; DEQ 12-1995. f. & cert. ef. 5-23-95; DEQ 22-1995, f. & cert. ef. 10-6-95; DEQ 7-1996, f. & cert. ef. 5-31-96; DEQ 9-1997, f. & cert. ef. 5-9-97; DEQ 12-1998, f. & cert. ef. 6-30-98; DEQ 10-1999, f. & cert. ef. 7-1-99; DEQ 14-1999, f. & cert. ef. 10-14-99, Renumbered from 340-028-2590; DEQ 8-2000, f. & cert. ef. 6-6-00; DEQ 6-2001, f. 6-18-01, cert. ef. 7-1-01; DEQ 7-2001, f. 6-28-01, cert. ef. 7-1-01; DEQ 11-2003, f. & cert. ef. 7-23-03; DEQ 6-2004, f. & cert. ef. 7-29-04; DEQ 6-2005, f. & cert. ef. 7-11-05; DEQ 7-2006, f. & cert. ef. 6-30-06; DEQ 6-2007(Temp), f. & cert. ef. 8-17-07 thru 2-12-08; Administrative correction 2-22-08; DEQ 10-2008, f. & cert. ef. 8-25-08; DEQ 4-2009(Temp), f. & cert. ef. 8-27-09 thru 2-20-10; Administrative correction 3-18-10; DEQ 16-2010, f. & cert. ef. 12-20-10

340-220-0050

Specific Activity Fees

(1) The Department will assess specific activity fees for an Oregon Title V Operating Permit program source for the period of August 26, 2009 to December 31, 2010 as follows:

(a) Existing source permit revisions:

(A) Administrative* — $437;

(B) Simple — $1,748;

(C) Moderate — $13,115;

(D) Complex — $26,231.

(b) Ambient air monitoring review — $3,497.

(2) The Department will assess specific activity fees for an Oregon Title V Operating Permit program source for the period of January 1, 2011 to December 31, 2011 as follows:

(a) Existing source permit revisions:

(A) Administrative* — $437;

(B) Simple — $1,751;

(C) Moderate — $13,139;

(D) Complex — 26,279.

(b) Ambient Air Monitoring Review -- $ 3,503.

(3) The Department will assess specific activity fees for an Oregon Title V Operating Permit program source as of January 1, 2012 as follows:

(a) Existing source permit revisions:

(A) Administrative* — $ 444;

(B) Simple — $1,777;

(C) Moderate — $13,333;

(D) Complex — $26,667.

(b) Ambient Air Monitoring Review — $ 3,555.

(4) The Department will assess the following specific activity fee for an Oregon Title V Operating Permit program source for annual greenhouse gas reporting, as required by OAR 340-215-0060(1) — Fifteen percent of the following, not to exceed $4,500:

(a) The applicable annual base fee (for the period of November 15 of the current year to November 14 of the following year); and

(b) The applicable annual emission fee (for emissions during the previous calendar year).

*Includes revisions specified in OAR 340-218-0150(1)(a) through (g). Other revisions specified in 340-218-0150 are subject to simple, moderate or complex revision fees.

Stat. Auth.: ORS 468 & 468A

Stats. Implemented: ORS 468 & 468A

Hist.: DEQ 20-1993(Temp), f. & cert. ef. 11-4-93; DEQ 13-1994, f. & cert. ef. 5-19-94; DEQ 12-1998, f. & cert. ef. 6-30-98; DEQ 10-1999, f. & cert. ef. 7-1-99; DEQ 14-1999, f. & cert. ef. 10-14-99, Renumbered from 340-028-2600; DEQ 8-2000, f. & cert. ef. 6-6-00; DEQ 6-2001, f. 6-18-01, cert. ef. 7-1-01; DEQ 7-2001, f. 6-28-01, cert. ef. 7-1-01; DEQ 11-2003, f. & cert. ef. 7-23-03; DEQ 6-2004, f. & cert. ef. 7-29-04; DEQ 6-2005, f. & cert. ef. 7-11-05; DEQ 7-2006, f. & cert. ef. 6-30-06; DEQ 6-2007(Temp), f. & cert. ef. 8-17-07 thru 2-12-08; Administrative correction 2-22-08; DEQ 10-2008, f. & cert. ef. 8-25-08; DEQ 4-2009(Temp), f. & cert. ef. 8-27-09 thru 2-20-10; DEQ 9-2009(Temp), f. 12-24-09, cert. ef. 1-1-10 thru 6-30-10; Administrative correction 7-27-10; DEQ 12-2010, f. & cert. ef. 10-27-10; DEQ 16-2010, f. & cert. ef. 12-20-10

 

Rule Caption: Amendments to Oregon Water Quality Standards for Iron and Manganese.

Adm. Order No.: DEQ 17-2010

Filed with Sec. of State: 12-21-2010

Certified to be Effective: 12-21-10

Notice Publication Date: 9-1-2010

Rules Amended: 340-041-0033

Subject: The rule revision withdraws the human health “water and fish ingestion” for iron and manganese from Oregon’s water quality criteria contained in Table 20 and incorporated into rule by reference in OAR 340-041-0033(2). In addition, the rule revision withdraws the “fish consumption only” criterion for manganese as it applies to freshwaters of the state, leaving this criterion in place as applicable to saltwater only.

      DEQ and EPA use Oregon’s water quality standards to implement Clean Water Act programs, which include assessing Oregon’s water quality and developing and enforcing wastewater discharge permits, Total Maximum Daily Loads and water quality certifications.

Rules Coordinator: Maggie Vandehey—(503) 229-6878

340-041-0033

Toxic Substances

(1) Toxic substances may not be introduced above natural background levels in waters of the state in amounts, concentrations, or combinations that may be harmful, may chemically change to harmful forms in the environment, or may accumulate in sediments or bioaccumulate in aquatic life or wildlife to levels that adversely affect public health, safety, or welfare or aquatic life, wildlife, or other designated beneficial uses.

(2) Levels of toxic substances in waters of the state may not exceed the applicable criteria listed in Tables 20, 33A, and 33B. Tables 33A and 33B, adopted on May 20, 2004, update Table 20 as described in this section.

(a) Each value for criteria in Table 20 is effective until the corresponding value in Tables 33A or 33B becomes effective.

(A) Each value in Table 33A is effective on February 15, 2005, unless EPA has disapproved the value before that date. If a value is subsequently disapproved, any corresponding value in Table 20 becomes effective immediately. Values that are the same in Tables 20 and 33A remain in effect.

(B) Each value in Table 33B is effective upon EPA approval.

(b) The department will note the effective date for each value in Tables 20, 33A, and 33B as described in this section.

(3) To establish permit or other regulatory limits for toxic substances for which criteria are not included in Tables 20, 33A, or 33B, the department may use the guidance values in Table 33C, public health advisories, and other published scientific literature. The department may also require or conduct bio-assessment studies to monitor the toxicity to aquatic life of complex effluents, other suspected discharges, or chemical substances without numeric criteria.

[ED. NOTE: Tables referenced are available from the agency.]

Stat. Auth.: ORS 468.020, 468B.030, 468B.035 & 468B.048

Stats. Implemented: ORS 468B.030, 468B.035 & 468B.048

Hist.: DEQ 17-2003, f. & cert. ef. 12-9-03; DEQ 3-2004, f. & cert. ef. 5-28-04; DEQ 17-2010, f. & cert. ef. 12-21-10

 

Rule Caption: Amendments to Oil Spill Contingency Planning and Fees.

Adm. Order No.: DEQ 18-2010

Filed with Sec. of State: 12-23-2010

Certified to be Effective: 12-23-10

Notice Publication Date: 10-1-2010

Rules Amended: 340-141-0010

Subject: The rule revision aligns the fees with current statutes by reference to ORS 468B.405.

Rules Coordinator: Maggie Vandehey—(503) 229-6878

340-141-0010

Program Administration and Compliance Fees

(1) All offshore and onshore facilities required to develop oil spill prevention and emergency response plans under ORS 468B.345 are required to pay the annual fee established in 468B.405(1). Fees for offshore and onshore facilities are due July 1 each year and cover the following 12 month period.

(2) Covered vessels are required to pay the per trip or daily fee established in 468B.405(1). Fees for covered vessels must be remitted to the Department within 60 days of the conclusion of each trip.

(3) Moneys collected under this rule will be deposited in the State Treasury to the credit of the Oil Spill Prevention Fund established by ORS 468B.410.

Stat. Auth.: ORS 468.020 & 468B.345 - 468B.500

Stats. Implemented: ORS 468B.405

Hist.: DEQ 2-2003, f. & cert. ef. 1-31-03; DEQ 8-2005, f. & cert. ef. 7-14-05; DEQ 18-2010, f. & cert. ef. 12-23-10

Notes
1.) This online version of the OREGON BULLETIN is provided for convenience of reference and enhanced access. The official, record copy of this publication is contained in the original Administrative Orders and Rulemaking Notices filed with the Secretary of State, Archives Division. Discrepancies, if any, are satisfied in favor of the original versions. Use the OAR Revision Cumulative Index found in the Oregon Bulletin to access a numerical list of rulemaking actions after November 15, 2010.

2.) Copyright 2011 Oregon Secretary of State: Terms and Conditions of Use

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