ORS 468.149
Assessment of final changes to federal environmental law
- state implementation of baseline federal standards
(1)
As used in this section and ORS 468.148 (Legislative findings and declarations):(a)
“Baseline federal standards” means the standards and requirements contained in a federal environmental law, as those standards and requirements were in effect on January 19, 2017.(b)
“Federal environmental law” means any one or more of the following:(A)
The federal Clean Air Act, 42 U.S.C. 7401 et seq., and any federal regulations issued pursuant to the federal Clean Air Act.(B)
The federal Safe Drinking Water Act, 42 U.S.C. 300f et seq., and any federal regulations issued pursuant to the federal Safe Drinking Water Act.(C)
The Federal Water Pollution Control Act, 33 U.S.C. 1251 et seq., and any federal regulations issued pursuant to the Federal Water Pollution Control Act.(2)
The Department of Environmental Quality and the Oregon Health Authority shall regularly assess final changes to federal environmental law that the department or the authority has been authorized or directed to administer to determine whether the final changes to federal environmental law are significantly less protective of public health, the environment or natural resources than baseline federal standards.(3)
If the Department of Environmental Quality determines that a change assessed by the department under subsection (2) of this section results or will result in federal standards or requirements that are significantly less protective of public health, the environment or natural resources than baseline federal standards, the department shall promptly inform the Environmental Quality Commission and recommend to the commission actions as necessary to continue state implementation of standards and requirements that are at least as protective of public health, the environment or natural resources as baseline federal standards, regardless of the change assessed under subsection (2) of this section.(4)
If the Oregon Health Authority determines that a change assessed by the authority under subsection (2) of this section results or will result in federal standards or requirements that are significantly less protective of public health, the environment or natural resources than baseline federal standards, the authority shall take actions as necessary to continue state implementation of standards and requirements that are at least as protective of public health, the environment or natural resources as baseline federal standards, regardless of the change assessed under subsection (2) of this section.(5)
Nothing in this section prevents the Environmental Quality Commission or the Oregon Health Authority from adopting rules for the administration of federal environmental law that are more protective of public health, the environment or natural resources than baseline federal standards. [2019 c.138 §2]
Source:
Section 468.149 — Assessment of final changes to federal environmental law; state implementation of baseline federal standards, https://www.oregonlegislature.gov/bills_laws/ors/ors468.html.
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