(1) Any person may apply for certification under ORS 468A.098 of the cost of production technologies or processes installed at a business location within this state and producing emission levels and types not subject to regulation under 42 U.S.C. 7412 if:
(a) The technologies or processes are installed in replacement of technologies or processes that produce emission levels and types that are subject to or are installed in lieu of systems that would produce emission levels and types subject to regulation under:
(A) 40 C.F.R. 63.320 to 63.325 (national perchloroethylene air emission standards for dry cleaning facilities);
(B) 40 C.F.R. 63.340 to 63.347 (national emission standards for chromium emissions from hard and decorative chromium anodizing tanks); or
(C) 40 C.F.R. 63.460 to 63.469 (national emission standards for halogenated solvent cleaning);
(b) The technologies or processes are installed on or after January 1, 1996, and on or before December 31, 1999; and
(c) The cost of the technologies and processes does not qualify for certification under ORS 468.165 and 468.170. Subject to any applicable limits on credit amounts, the granting of certification of a pollution control facility under ORS 468.165 and 468.170 shall not prevent an application under this section for the cost of technologies and processes not included in the pollution control facility.
(2) The application shall be made in writing in a form prescribed by the Department of Environmental Quality and shall contain information on the actual cost of the technologies or processes for which a certificate is sought and a statement explaining how the technologies or processes used will prevent or eliminate emissions regulated under 40 C.F.R. 63.320 to 63.325, 63.340 to 63.347 or 63.460 to 63.469.
(3) The Director of the Department of Environmental Quality may require any further information that the director considers necessary before a certificate is issued.
(4) The application shall be accompanied by a fee established under subsection (5) of this section. The fee may be refunded if the application for certification is rejected.
(5) By rule and after hearing, the Environmental Quality Commission may adopt a schedule of reasonable fees that the department may require of applicants for certificates issued under this section. Before the adoption or revision of the fees, the commission shall estimate the total cost of the program to the department. The fees shall be based on the anticipated cost of filing, investigating, granting and rejecting the applications and shall be designed not to exceed the total cost estimated by the commission. Any excess fees shall be held by the department and shall be used by the commission to reduce any future fee increases. The fees may vary according to the complexity of the technology or process. The fees shall not be considered by the commission as part of the cost to be certified.
(6) The application shall be submitted within one year of installation of the technologies or processes. Failure to file a timely application shall make the cost of a technology or process ineligible for certification. An application shall not be considered filed until it is complete and ready for processing. The commission may grant an extension of time, not exceeding one year, to file an application when circumstances beyond the control of the applicant would make a timely filing unreasonable. [1995 c.746 §30; 1999 c.21 §77]
Note: See note under 468A.095.
Section: Previous 468A.060 468A.065 468A.070 468A.075 468A.080 468A.085 468A.095 468A.096 468A.098 468A.100 468A.105 468A.110 468A.115 468A.120 468A.125 NextLast modified: August 7, 2008