justicedao/ipfs_state_laws huggingface dataset:
340-266-0120 Propane Flaming (1) The use of propane flamers, mobile field sanitizing devices, and other field sanitation methods specifically approved by the Department are subject to the following conditions: (a) The field shall first be prepared as follows: (A) Either the field must have previously been open burned and the appropriate fees paid; or (B) The field stubble must be flail-chopped, mowed, or otherwise cut close to the ground and the loose straw removed so the remaining stubble will not sustain an open fire. (b) Propane flaming operations shall comply with the following criteria: (A) Unless otherwise specifically restricted by the Department propane flaming may be conducted only between the hours of 9 a.m. and sunset between June 1 and August 31 of each year and 9 a.m. to 1/2 hour before sunset between September 1 and October 14 of each year; (B) Propane flamers shall be operated in overlapping strips, crosswise to the prevailing wind, beginning along the downwind edge of the field; (C) No person shall cause or allow propane flaming which results in sustained open fire. Should sustained open fire create excessive smoke all flame and smoke sources shall be immediately and actively extinguished; (D) No person shall cause or allow any propane flaming which results in visibility impairment on any Interstate highways or roadways specified in OAR 837-110-0080(1) and (2). Should visibility impairment occur, all flame and smoke sources shall be immediately and actively extinguished; (E) The acreage must be registered and permits obtained pursuant to OAR 340-266-0050; (F) No person shall cause or allow propane flaming when either the relative humidity at the nearest reliable measuring station exceeds 65 percent or the surface winds exceed 15 miles per hour; (G) All regrowth over eight inches in height shall be mowed or cut close to the ground and removed. (c) All propane flaming operations shall be conducted in accordance with the State Fire Marshal’s safety requirements specified in OAR 837-110-0100 through 837-110-0160; (d) No person shall cause or allow to be initiated or maintained any propane flaming or other mobile fire sanitation methods not certified by the Department on any day or at any time if the Department has determined and notified the State Fire Marshal that propane flaming is prohibited because of adverse meteorological or air quality conditions. (2) The Department may issue restrictive limitations on the amount, density or frequency of propane flaming or other mobile fire sanitation methods in any area when meteorological conditions are unsuitable for adequate smoke dispersion, or deterioration of ambient air quality occurs. Statutory/Other Authority: ORS 468 & 468A Statutes/Other Implemented: ORS 468A.600 History: DEQ 14-1999, f. & cert. ef. 10-14-99, Renumbered from 340-026-0045 DEQ 8-1993, f. & cert. ef. 5-11-93 DEQ 4-1993, f. & cert. ef. 3-10-93 DEQ 5-1992, f. & cert. ef. 3-3-92 (and corrected 3-18-92) DEQ 8-1989, f. & cert. ef. 6-7-89 Reverted to DEQ 11-1987, f. & ef. 6-15-87 DEQ 20-1988(Temp), f. 8-12-88, cert. ef. 8-12-88 thru 2-2-89 DEQ 11-1987, f. & ef. 6-15-87 DEQ 5-1984, f. & ef. 3-7-84
340-266-0130 Stack Burning The open burning of piled or stacked residue from perennial or annual grass seed or cereal grain crops used for seed production is allowed subject to the following conditions: (1) No person shall cause or allow to be initiated or maintained any stack burning on any day or at any time if the Department has notified the State Fire Marshal that such burning is prohibited because of meteorological or air quality conditions. (2) No person shall cause or allow stack burning of any grass seed or cereal grain residue unless said residue is dry and free of all other combustible and non-combustible material. (3) Each responsible person shall make every reasonable effort to promote efficient burning, minimize smoke emissions, and extinguish any stack burning which is in violation of any rule of the Commission. (4) No stack burning shall be conducted within any State Fire Marshal buffer zone "non-combustible ground surface" area (e.g., within 1/4 mile of Interstate I-5, or 1/8 mile of any designated roadway), as specified in OAR 837-110-0080. (5) The acreage must be registered and permitted pursuant to OAR 340-266-0050. (6) Unless otherwise specifically agreed by the parties, after the straw is removed from the fields of the grower, the responsibility for the further disposition of the straw, including burning or disposal, and payment of the appropriate fees, shall be upon the person who bales, removes, controls, or is in possession of the straw. Statutory/Other Authority: ORS 468 & 468A Statutes/Other Implemented: ORS 468A.600 History: DEQ 8-2010, f. & cert . ef. 8-27-10 DEQ 14-1999, f. & cert. ef. 10-14-99, Renumbered from 340-026-0055 DEQ 14-1994, f. & cert. ef. 5-31-94 DEQ 8-1993, f. & cert. ef. 5-11-93 DEQ 4-1993, f. & cert. ef. 3-10-93 DEQ 5-1992, f. & cert. ef. 3-3-92 (and corrected 3-18-92) DEQ 8-1989, f. & cert. ef. 6-7-89 DEQ 11-1987, f. & ef. 6-15-88
340-266-0140 Burning Fees Outside Willamette Valley In accordance with ORS 468A.615(1)(b), each person open field burning perennial or annual grass seed crops in counties outside the Willamette Valley, shall pay the Department $8.00 for each acre burned. Statutory/Other Authority: ORS 468 & 468A Statutes/Other Implemented: ORS 468A.615 History: DEQ 8-2010, f. & cert . ef. 8-27-10
340-268-0010 Applicability and Jurisdiction (1) This division applies to any person who wishes to create or bank an emission reduction credit in the state. (2) Subject to the requirements in this division and OAR 340-200-0010(3), LRAPA is designated by the EQC to implement the rules in this division within its area of jurisdiction. NOTE: This rule is included in the State of Oregon Clean Air Act Implementation Plan that EQC adopted under OAR 340-200-0040. Statutory/Other Authority: ORS 468A Statutes/Other Implemented: ORS 468 & 468A History: DEQ 7-2015, f. & cert. ef. 4-16-15 DEQ 6-2001, f. 6-18-01, cert. ef. 7-1-01 DEQ 14-1999, f. & cert. ef. 10-14-99
340-268-0020 Definitions The definitions in OAR 340-200-0020, 340-204-0010 and this rule apply to this division. If the same term is defined in this rule and 340-200-0020 or 340-204-0010, the definition in this rule applies to this division. NOTE: This rule is included in the State of Oregon Clean Air Act Implementation Plan that EQC adopted under OAR 340-200-0040. Statutory/Other Authority: ORS 468.020 Statutes/Other Implemented: ORS 468A.025 History: DEQ 7-2015, f. & cert. ef. 4-16-15 DEQ 14-1999, f. & cert. ef. 10-14-99
340-269-0010 Overview (1) Purpose. The purpose of this division is to establish the Diesel Emissions Identification Program, which is a voluntary labeling program, and participation requirements for owners and operators of diesel-powered nonroad construction equipment and onroad concrete mixer trucks and dump trucks in Oregon. (2) Background. The 2019 Legislature adopted House Bill 2007, which directs DEQ to establish a voluntary emission control label program for nonroad diesel-powered construction equipment in Oregon. In addition, diesel-powered onroad concrete mixer trucks and dump trucks are added under DEQ’s existing authority. (3) Administration. DEQ administers this division in all areas in the state of Oregon, including the areas of the state subject to the jurisdiction of the Lane County Regional Air Protection Agency. Statutory/Other Authority: ORS 468.020, ORS 468.035 & 468A.813 Statutes/Other Implemented: ORS 468.035 & 468A.813 History: DEQ 7-2023, adopt filed 07/20/2023, effective 08/01/2023
340-269-0060 Acronyms The following acronyms apply to this division: (1) “C.F.R.” means Code of Federal Regulations and, notwithstanding OAR 340-200-0035 and except as otherwise identified, refers to the edition in effect on the date the EQC approves these rules. (2) “DEQ” means Oregon Department of Environmental Quality. (3) “DOC” means diesel oxidation catalyst. (4) “DPF” means diesel particulate filter. (5) "ECL" means emission control label. (6) “EPA” means the federal Environmental Protection Agency. (7) "ERN" means equipment registration number. (8) “GVWR” means gross vehicle weight rating. (9) “MEL” means manufacturer’s engine label. (10) “ODOT” means Oregon Department of Transportation. (11) “ZEE” means zero-emission equipment. (12) “ZEV” means zero-emission vehicle. Statutory/Other Authority: ORS 468.020 & ORS 468A.813 Statutes/Other Implemented: ORS 468A.813 History: DEQ 7-2023, adopt filed 07/20/2023, effective 08/01/2023
340-269-0100 Voluntary Participation Requirements The voluntary participation in this program by any person conclusively establishes consent to be subject to the jurisdiction of the State of Oregon, its courts, and the administrative authority of DEQ to implement this program. If a person does not consent to such jurisdiction, then that person may not participate in the program. Statutory/Other Authority: ORS 468.020, ORS 468.035 & 468A.813 Statutes/Other Implemented: ORS 468.035 & 468A.813 History: DEQ 7-2023, adopt filed 07/20/2023, effective 08/01/2023
340-269-0110 Registration (1) A person that wishes to voluntarily participate in this program must successfully complete a registration process to be considered active in the program, which requires: (a) Completing and submitting either a DEQ supplied registration form or another form that may be used for registration with the program as provided in section (2) of this rule. (b) Providing detailed documentation of the emissions profile of each nonroad diesel engine to be registered with the program, in addition to detailed documentation for the engine profile for onroad concrete mixer trucks and dump trucks. Such documentation must include, without limitation, a photo of the manufacturer’s engine label. (c) Providing a sworn statement that information submitted to the program is true and correct, to the signer’s knowledge and information, signed and submitted by the owner or operator of the equipment and/or vehicles, along with any documentation or information DEQ may require to support the sworn statement. (2) Other Reporting Forms. DEQ will supply the necessary reporting forms and templates to each voluntary participant, however, other forms may be used as follows: (a) A person may use a reporting form approved by DEQ that is either from another agency, such as ODOT, or that is from a collaborative program recognized by DEQ. If any such forms are to be accepted by DEQ at the voluntary participant’s request, then the voluntary participant agrees that DEQ may engage with the other agency or collaborative program to receive and verify the forms, supporting documentation, and other information as needed and on an ongoing basis. (b) If DEQ is unable to receive or verify, to a satisfactory extent, documents or information from another agency or collaborative program, then the voluntary participant must supply the documentation and information requested by DEQ. This may include submitting information using a DEQ issued form. Statutory/Other Authority: ORS 468.020, ORS 468.035 & 468A.813 Statutes/Other Implemented: ORS 468.035 & 468A.813 History: DEQ 7-2023, adopt filed 07/20/2023, effective 08/01/2023
340-269-0120 Demonstration Approval Emissions Profile. DEQ will review each application and determine whether the applicant has provided sufficient information to document the emissions profile of each nonroad diesel engine, in addition to the engine profile for each concrete mixer truck and dump truck proposed to be registered. If DEQ determines the information is not sufficient, DEQ will notify the applicant and identify the additional information needed for DEQ to approve the application for each nonroad and onroad diesel engine to receive an ECL. Statutory/Other Authority: ORS 468.020, ORS 468.035 & 468A.813 Statutes/Other Implemented: ORS 468.035 & 468A.813 History: DEQ 7-2023, adopt filed 07/20/2023, effective 08/01/2023
340-269-0140 Reporting Quarterly Reports. Active participants must submit quarterly reports to DEQ that provide updates on the equipment and changes made to the fleet to maintain an active registration in the program. (1) If there are no updates to report, then the active participant may submit a sworn statement, on a form provided by DEQ, confirming that there is no pertinent information to update since the last report. An active participant may make this “no pertinent information” statement for no more than three consecutive quarters. (2) DEQ may accept quarterly report submittals, or their equivalent, in accordance with OAR 340-269-0110(2). Statutory/Other Authority: ORS 468.020, ORS 468.035 & 468A.813 Statutes/Other Implemented: ORS 468.035 & 468A.813 History: DEQ 7-2023, adopt filed 07/20/2023, effective 08/01/2023
340-269-0150 Deactivation (1) Notifications. DEQ may deactivate an active participant’s participation in the program and place the person in a suspended status if it is determined that there is noncompliance with any portion of this rule. DEQ will notify the active participant of this determination in writing and will explain the reason for DEQ’s decision to deactivate. The person’s status will become inactive 60 days after DEQ provides such notice. (a) An active participant must notify DEQ as soon as they are aware that any registered piece of equipment or any registered vehicle no longer has a legible or scannable ECL, including ECLs that no longer adhere to the equipment or that are missing or damaged. If an active participant fails to provide such notification, then DEQ may deactivate the person’s participation if there is not a legible or scannable ECL on registered equipment or vehicles. (b) An active participant may request to have their participation deactivated and to be placed in an inactive status with the program. This request must be made in writing or using a DEQ issued form and signed by a verified owner or operator of the active participant. (2) ECL Return. When participation in the program has been deactivated, the person must return any ECLs that were issued by DEQ. If an active participant appeals a deactivation decision as provided in section (3), the label return requirement will be suspended until the appeals process is completed. After deactivation, if the person has significant difficulty in removing an ECL from any equipment or vehicles, the person may work with DEQ to find a suitable alternative to the ECL’s removal. (3) Appeals. An active participant may appeal a DEQ deactivation decision by filing a petition for reconsideration with DEQ. An active participant may also appeal a DEQ deactivation decision by seeking review of the decision as an order in other than a contested case, as provided in ORS 183.484, which may be filed either after filing a petition for reconsideration or without filing a petition for reconsideration. Statutory/Other Authority: ORS 468.020, ORS 468.035 & 468A.813 Statutes/Other Implemented: ORS 468.035 & 468A.813 History: DEQ 7-2023, adopt filed 07/20/2023, effective 08/01/2023
340-270-0010 Overview (1) Purpose. The purpose of this division is to establish a rebate program and eligibility requirements for the purchase or lease of new or used zero-emission vehicles in Oregon. (2) Background. The 2017 Oregon Legislature adopted House Bill 2017 that authorizes DEQ to establish a rebate program for light-duty zero-emission vehicles. The 2018 Oregon Legislature adopted House Bill 4059, which clarified and removed existing requirements for light-duty zero emission vehicles. The 2019 Oregon Legislature adopted House Bill 2592, which clarified and removed existing requirements for light-duty zero emission vehicles. The 2021 Oregon Legislature adopted House Bill 2165, 2021 Oregon Laws chapter 95, which changed existing requirements light duty zero emission vehicles. In 2023, the Oregon Legislature adopted House Bill 3409, which authorized DEQ to establish a rebate program for medium and heavy-duty zero emission vehicles. This division implements those laws. (3) Administration. DEQ administers this division in all areas in the state of Oregon, including the areas of the state subject to the jurisdiction of the Lane County Regional Air Protection Agency. Statutory/Other Authority: ORS 468.020, 2017 Or. Law Ch. 750 Sec. 148-157, House Bill 4059 (2018), Sec. 18-21 & House Bill 2592 (2019), Sec. 35-37 Statutes/Other Implemented: 2017 Or. Law Ch. 750 Sec. 148-157, House Bill 4059 (2018), Sec. 18-21, House Bill 2592 (2019), Sec. 35-37 & 2021 Or. Laws, Ch. 95, §§ 4a, 5, 6, 8 and 9 History: DEQ 15-2024, amend filed 09/30/2024, effective 09/30/2024 DEQ 6-2022, amend filed 05/19/2022, effective 05/19/2022 DEQ 19-2021, temporary amend filed 11/17/2021, effective 01/01/2022 through 06/29/2022 DEQ 2-2020, amend filed 01/24/2020, effective 01/24/2020 DEQ 21-2019, temporary amend filed 09/27/2019, effective 09/29/2019 through 03/26/2020 DEQ 186-2018, adopt filed 05/14/2018, effective 05/14/2018
340-270-0020 Applicability and Effective Dates (1) The criteria and requirements for the light duty zero emission vehicle rebate program is established in OAR 340-270-0030 through OAR 340-270-0500. (a) The rebates for eligible new light-duty zero-emission vehicles and eligible plug-in hybrid electric vehicles took effect on January 1, 2018. (b) The rebates for the Charge Ahead Program took effect on January 1, 2018, for light duty zero emission vehicles. The rebates for the Charge Ahead Program took effect on September 29, 2019, for plug-in hybrid electric vehicles. (2) The rebates for eligible neighborhood electric vehicles and eligible zero-emission motorcycles took effect on January 1, 2019. (3) The criteria and requirements for the medium and heavy-duty zero emission vehicle rebate program is established in OAR 340-270-0030 and OAR 340-270-0600 through OAR 340-270-0700. The rebates for qualifying new medium and heavy-duty zero emission vehicles took effect on September 30, 2024. (4) The effective dates of the program are contingent on appropriate funding. Statutory/Other Authority: 2017 Or. Law Ch. 750 Sec. 148-157, ORS 468.020, House Bill 4059 (2018), Sec. 18-21, House Bill 2592 (2019), Sec. 35-37 & 2021 Or. Laws, Ch. 95, §§ 4a, 5, 6, 8 and 9 Statutes/Other Implemented: 2017 Or. Law Ch. 750 Sec. 148-157, House Bill 4059 (2018), Sec. 18-21 & House Bill 2592 (2019), Sec. 35-37 History: DEQ 15-2024, amend filed 09/30/2024, effective 09/30/2024 DEQ 6-2022, amend filed 05/19/2022, effective 05/19/2022 DEQ 19-2021, temporary amend filed 11/17/2021, effective 01/01/2022 through 06/29/2022 DEQ 2-2020, amend filed 01/24/2020, effective 01/24/2020 DEQ 21-2019, temporary amend filed 09/27/2019, effective 09/29/2019 through 03/26/2020 DEQ 186-2018, adopt filed 05/14/2018, effective 05/14/2018
340-270-0100 Vehicles Eligible for Zero-Emission Vehicle Standard Rebates (1) To qualify for a standard rebate, a motor vehicle must: (a) Qualify as an eligible vehicle, as defined in OAR 340-270-0030(5); and (b) Have a purchase or lease date on or after effective date of the program for the type of vehicle, as established in OAR 340-270-0020. (2) Notwithstanding subsection (1), a motor vehicle that otherwise qualifies for a standard rebate cannot receive a standard rebate if it has been rebated by the Zero Emission Rebates for Oregon Fleets program, as established in OAR 340-270-0030 and OAR 340-270-0600 through OAR 340-270-0700. Statutory/Other Authority: ORS 468.020, 2017 Or. Law Ch. 750 Sec. 148-157, House Bill 4059 (2018), Sec. 18-21 & House Bill 2592 (2019), Sec. 35-37 Statutes/Other Implemented: 2017 Or. Law Ch. 750 Sec. 148-157, House Bill 4059 (2018), Sec. 18-21, House Bill 2592 (2019), Sec. 35-37 & 2021 Or. Laws, Ch. 95, §§ 4a, 5, 6, 8 and 9 History: DEQ 19-2025, minor correction filed 07/15/2025, effective 07/15/2025 DEQ 15-2024, amend filed 09/30/2024, effective 09/30/2024 DEQ 6-2022, amend filed 05/19/2022, effective 05/19/2022 DEQ 2-2020, amend filed 01/24/2020, effective 01/24/2020 DEQ 21-2019, temporary amend filed 09/27/2019, effective 09/29/2019 through 03/26/2020 DEQ 186-2018, adopt filed 05/14/2018, effective 05/14/2018
340-270-0110 Amount of Zero-Emission Vehicle Standard Rebates (1) The amount of the rebate for eligible light-duty zero-emission vehicles and plug-in hybrid electric vehicles with electrochemical energy storage capacities of 10 kilowatt hours or more is $2,500. (2) The amount of the rebate for eligible light-duty zero-emission vehicles and plug-in hybrid electric vehicles with electrochemical energy storage capacities of less than 10 kilowatt hours is $1,500. (3) The amount of the rebate for eligible neighborhood electric vehicles is $750. (4) The amount of the rebate for eligible zero-emission motorcycles is $750. (5) DEQ will set the rebate amounts annually. In doing so, if DEQ determines that the rebate amounts should be adjusted, DEQ will engage in rulemaking to adjust the rebate amounts established herein. (6) In the event that the allocated funds in the Zero Emission Incentive Fund reach less than $6 million when accounting for any existing balance and anticipated funding for that year, DEQ will evaluate the program’s compliance with 340-270-0500. If DEQ forecasts it will not meet the targets in 340-270-0500, it will initiate a temporary rulemaking to decrease the Standard Rebate amount. Statutory/Other Authority: ORS 468.020, 2017 Or. Law Ch. 750 Sec. 148-157, House Bill 4059 (2018), Sec. 18-21 & House Bill 2592 (2019), Sec. 35-37 Statutes/Other Implemented: 2017 Or. Law Ch. 750 Sec. 148-157, House Bill 4059 (2018), Sec. 18-21, House Bill 2592 (2019), Sec. 35-37 & 2021 Or. Laws, Ch. 95, §§ 4a, 5, 6, 8 and 9 History: DEQ 6-2022, amend filed 05/19/2022, effective 05/19/2022 DEQ 2-2020, amend filed 01/24/2020, effective 01/24/2020 DEQ 21-2019, temporary amend filed 09/27/2019, effective 09/29/2019 through 03/26/2020 DEQ 186-2018, adopt filed 05/14/2018, effective 05/14/2018