Oregon Bulletin
February 1, 2011
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Rules Repealed: 340-016-0100, 340-016-0110, 340-016-0120,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• Repealed the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.
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