OAR 340-016-0060: Eligibility

(1) Eligible Facilities. Facilities eligible for pollution control tax credit certification shall include any land, structure, building, installation, excavation, machinery, equipment or device, or alternative methods for field sanitation and straw utilization and disposal. An eligible facility shall be reasonably used, erected, constructed or installed as: (a) A new facility; (b) An addition or improvement to an existing facility; or (c) The reconstruction or replacement of an existing facility. (2) Purpose of Facility. The facility shall meet the principal purpose requirement to be eligible for a pollution control facility tax credit certification, or if the facility is unable to meet the principal purpose requirement, the facility shall meet the sole purpose requirement to be eligible for a pollution control tax credit: (a) Principal Purpose Requirement. The principal purpose of the facility is the most important or primary purpose of the facility. Each facility shall have only one principal purpose. The facility shall be established to comply with environmental requirements imposed by the Department, the federal Environmental Protection Agency or a regional air pollution authority to control, reduce, or prevent air, water or noise pollution, or for the material recovery of solid waste, hazardous waste or used oil; or (b) Sole Purpose Requirement. The sole purpose of the facility shall be the exclusive purpose of the facility. The only function or use of the facility shall be the control, reduction, or prevention of pollution; or for the material recovery of solid waste, hazardous waste or used oil. (3) Facility Compliance. The facility shall achieve compliance with Department statutes and rules, or Commission orders or permit conditions before the Commission issues certification as a pollution control facility. (4) Eligible Activities. The facility shall prevent, reduce, control, or eliminate: (a) Air contamination by use of air cleaning devices as defined in ORS 468A.005 or through equipment designed to prevent, reduce or eliminate air contaminants prior to discharge to the outdoor atmosphere; (b) Alternatives to Open Field Burning. The facility shall reduce or eliminate: (A) Open field burning and may include equipment, facilities, and land for gathering, densifying, handling, storing, transporting and incorporating grass straw or straw based products; (B) Air quality impacts from open field burning and may include propane burners or mobile field sanitizers; or (C) Grass seed acreage that requires open field burning. The facility may include: (i) Production of alternative crops that do not require open field burning; (ii) Production of rotation crops that support grass seed production without open field burning; or (iii) Drainage tile installations and new crop processing facilities. (c) Hazardous Waste. The facility shall treat, substantially reduce or eliminate hazardous waste as defined in ORS 466.005 or utilize material as set forth in subsection (4)(e) of this rule; (d) Industrial Waste. The facility shall dispose of, eliminate or be redesigned to eliminate industrial waste and the use of treatment works for industrial wastewater as defined in ORS 468B.005; (e) Hazardous Waste, Solid Waste and Used Oil Material Recovery. The facility shall eliminate or obtain useful material from material that would otherwise be solid waste as defined in ORS 459.005, hazardous waste as defined in 466.005, or used oil as defined in 468.850. The facility shall produce an end product of utilization that is an item of real economic value and is competitive with an end product produced in another state. The facility shall produce the end product by mechanical processing, chemical processing; or through the production, processing, pre-segregation, or use of materials which: (A) Have useful chemical or physical properties and which may be used for the same or other purposes; or (B) May be used in the same kind of application as its prior use without change in identity. (f) Noise Pollution. The facility shall substantially reduce, eliminate or be redesigned to eliminate noise pollution or noise emission sources set forth in OAR 340-035-0005 through 340-035-0100; (g) Spills or Unauthorized Releases. The facility shall be used to detect, defer or prevent spills or unauthorized releases. This does not include any facility installed, constructed or used for cleanup after a spill or unauthorized release has occurred; or (h) Nonpoint Source Pollution. Pursuant to ORS 468.155(2)(b), the EQC has determined that the following facilities reduce, or control significant amounts of nonpoint source pollution: (A) Any facility that implements a plan, project, or strategy to reduce or control nonpoint source pollution as documented: (i) By one or more partners listed in the Oregon Nonpoint Source Control Program Plan; or (ii) In a Federal Clean Air Act State Implementation Plan for Oregon; or (B) Any facility effective in reducing nonpoint source pollution as documented in supporting research by: (i) Oregon State University, Agricultural Experiment Station; or (ii) The United States Department of Agriculture, Agriculture Research Service; or (iii) The Oregon Department of Agriculture; or (C) Wood chippers used to reduce openly burned woody debris; or (D) The retrofit of diesel engines with a diesel emission control device, certified by the U.S. Environmental Protection Agency.