justicedao/ipfs_state_laws huggingface dataset:
340-258-0300 Oxygenated Gasoline: Dispenser Labeling (1) A person who sells or markets oxygenated gasoline at retail, or who otherwise provides oxygenated gasoline for consumption by an ultimate consumer, shall place two labels on a dispenser used to dispense the gasoline to identify the oxygenate in the fuel, using the following criteria: (a) The first label must include the following statement: “The gasoline dispensed from this pump is oxygenated and will reduce carbon monoxide pollution from motor vehicles”; (b) The second label must contain the type of oxygenate(s) and the exact (plus or minus 0.5 percent) or maximum use concentration by volume. Only those oxygenates and concentrations listed below and any gasoline designated by EPA as substantially similar are allowed. NOTE: This applies only to the Department rules and dispenser is still responsible for complying with the disclosure requirements of ORS 646.915. (c) Lettering on the label must be legible and in block style of at least 20 point bold type; (d) The lettering on the label shall be in a color contrasting to the intended background; (e) The label must be placed on each side of the dispenser from which the gasoline can be dispensed and shall be on the upper one half of the dispenser, in a position that will be clear and conspicuous to the consumer. (2) A person who pursuant to OAR 340-258-0110(7) dispenses non oxygenated gasoline in a control area during the control period at a site where motor vehicles may have access must display a label in accordance to the standards above containing the following information: “This fuel is not oxygenated to State of Oregon standards and may not be dispensed into motor vehicles.” NOTE: Dispensing sites that are not accessible to motor vehicles are not required to have the above labels. Statutory/Other Authority: ORS 468A Statutes/Other Implemented: ORS 468A.420 History: DEQ 178-2018, minor correction filed 04/16/2018, effective 04/16/2018 DEQ 14-1999, f. & cert. ef. 10-14-99, Renumbered from 340-022-0640 DEQ 15-1993, f. & cert. ef. 11-4-93 DEQ 4-1993, f. & cert. ef. 3-10-93 DEQ 25-1992, f. 10-30-92, cert. ef. 11-1-92
340-258-0400 Standard for Automotive Gasoline: Reid Vapor Pressure for Gasoline (1) No person shall sell or supply as a fuel for motor vehicles any gasoline which does not comply with the requirements of 40 CFR 80. (2) The Reid Vapor Pressure of gasoline sold or supplied, by bulk gasoline terminals and gasoline refiners, as fuel for motor vehicles shall be measured according to the procedures established in the most current method of ASTM D323: (a) The geographic coverage of this section shall be consistent with boundary specified in ASTM D439, specifically all of Oregon, west of 122 degrees Longitude; (b) Test results from samples submitted to the Department by refiners or distributors of gasoline shall be sampled and tested pursuant to methods established by the most current method of ASTM D323. Analysis of all fuel from pipeline, tanker, or other sources outside of the state shall be summarized and forwarded to the Department on a monthly basis. Such reports will be supplied on a form supplied by the Department; (c) The Department reserves the right to audit records and to sample gasoline for the purposes of compliance. Samples of petroleum shall be sampled pursuant and tested by methods established by the most current method of ASTM D323 or by methods established under the California Air Resources rule, Title 13, §2251 or Part 80 of Title 40 of the Code of Federal Regulations — Fuel and Fuel Additives. [NOTE: Referenced publications are available from the agency.] Statutory/Other Authority: ORS 468.020 & 468A.025 Statutes/Other Implemented: ORS 468A.025 History: DEQ 9-2020, temporary amend filed 04/24/2020, effective 04/27/2020 through 10/23/2020 DEQ 13-2019, amend filed 05/16/2019, effective 05/16/2019 DEQ 14-1999, f. & cert. ef. 10-14-99, Renumbered from 340-022-0300 DEQ 20-1998, f. & cert. ef. 10-12-98 DEQ 4-1993, f. & cert. ef. 3-10-93 DEQ 11-1989, f. 6-12-89, cert. ef. 6-15-89
340-259-0005 Clean Diesel Initiative Goal (1) The Environmental Quality Commission establishes the Clean Diesel Initiative Goal to reduce excess lifetime risk of cancer due to exposure to diesel engine emissions to no more than one case per million individuals by 2017. (2) In order to meet the Clean Diesel Initiative Goal, the Environmental Quality Commission establishes a target to substantially reduce the risk to school children from diesel engine emissions produced by Oregon school buses by the end of 2013. To achieve this target by 2013, the Department will use the grant, loan, and tax credit programs in OAR 340-016-0210 through 340-016-0340 and 340-259-0010 through 340-259-0065 to attempt to: (a) Replace all Oregon diesel school buses model year 1993 and older with diesel school buses model year 2007 and newer; (b) Retrofit half of Oregon diesel school buses model years 1994 through 2006 with best available emissions retrofit technology pursuant to OAR 340-259-0015(18); and (c) Retrofit all appropriate Oregon diesel school buses model year 1994 and newer with closed crankcase ventilation, in order to reduce the exposure of school children to diesel particulate matter within the school bus cabin. Statutory/Other Authority: OL 2007 & ch. 855 (HB 2172 (2007)) Statutes/Other Implemented: OL 2007 & ch. 855 (HB 2172 (2007)) History: DEQ 9-2008, f. & cert. ef. 7-11-08
340-259-0010 Purpose and Scope (1) The purpose of the clean diesel grant and loan rules is to make grants and loans available to the owners or operators of diesel engines for the retrofit of an Oregon diesel engine, for the repower of a non-road Oregon diesel engine, or for the scrapping of an Oregon truck engine. (2) The rules in this division do not apply to DEQ grants or loans using moneys received from the federal government for initiatives to reduce emissions from diesel engines. DEQ may exercise its discretion to issue such grants and awards as it deems appropriate, consistent with and subject to federal law. Statutory/Other Authority: OL 2007, Ch. 855 (2007 HB 2172). ORS 468.020 & 468A.803 Statutes/Other Implemented: OL 2007, Ch. 855 (2007 HB 2172) & 468A.803 History: DEQ 3-2014, f. & cert. ef. 3-31-14 DEQ 10-2013(Temp), f. 10-28-13, cert. ef. 10-29-13 thru 4-27-14 DEQ 9-2008, f. & cert. ef. 7-11-08
340-259-0025 Determining the Cost Effectiveness Threshold for a Repower or Retrofit (1) Except as adjusted under section (2) of this rule, the cost effectiveness threshold is $250,000 per ton of diesel particulate matter reduced for the calendar year 2008 and thereafter. (2) On an annual basis, the Department may calculate an adjustment of the Cost Effectiveness Threshold amount specified in section (1) of this rule based upon the increase or decrease (if any) from August of the preceding year to August of the year in which the calculation is made in the U.S. City Average Consumer Price Index for All Urban Consumers for All Items as prepared by the Bureau of Labor Statistics of the United States Department of Labor or its successor. Statutory/Other Authority: OL 2007 & Ch. 855 (HB 2172 (2007)) Statutes/Other Implemented: OL 2007 & Ch. 855 (HB 2172 (2007)) History: DEQ 9-2008, f. & cert. ef. 7-11-08
340-259-0030 Standards for Qualifying Repowers and Retrofits (1) To qualify for a grant or loan under this division, the repower or retrofit must: (a) Be either a repower of a nonroad Oregon diesel engine or a retrofit of an Oregon diesel engine; (b) For a retrofit, use technologies: (A) Verified by the United States Environmental Protection Agency pursuant to its January 22, 2002 Final Draft Testing Protocol “Generic Verification Protocol for Diesel Exhaust Catalysts, Particulate Filters, and Engine Modification Control Technologies for Highway and Nonroad Use Diesel Engines” or its September 2003 “Generic Verification Protocol for Determination of Emissions Reductions Obtained by Use of Alternative or Reformulated Liquid Fuels, Fuel Additives, Fuel Emulsions, and Lubricants for Highway and Nonroad Use Diesel Engines and Light Duty Gasoline Engines and Vehicles;” (B) Verified by the California Air Resources Board pursuant to Title 13, California Code of Regulations, Chapter 14, "Verification Procedure, Warranty and In-Use Compliance Requirements for In-Use Strategies to Control Emissions from Diesel Engines," as in effect on June 18, 2008; or (C) Determined by the Department to have been verified through an equivalent emission testing program; (c) Reduce diesel particulate matter emissions by at least 25 percent compared to baseline emissions for the engine year and specific installation; and (d) Be installed by a Qualified Installer. (2) If the Department approved a Clean Diesel Repower and Retrofit Tax Credit application under OAR 340-016-0330 or a grant or loan application under OAR 340-259-0055 to repower or retrofit a vehicle or engine, a subsequent grant or loan under this division for the same vehicle or engine is available only if the new repower or retrofit reduces diesel particulate matter emissions below the emissions achieved by the previous repower or retrofit. [NOTE: View a PDF of EPA Protocols by clicking on “Tables” link below.] [ED. NOTE: To view attachments referenced in rule text, click here to view rule.] Statutory/Other Authority: OL 2007 & Ch. 855 (HB 2172 (2007)) Statutes/Other Implemented: OL 2007 & Ch. 855 (HB 2172 (2007)) History: DEQ 13-2019, amend filed 05/16/2019, effective 05/16/2019 DEQ 9-2008, f. & cert. ef. 7-11-08
340-259-0035 Standards for Qualifying Oregon Diesel Truck Engine Scrapping Projects (1) In order to qualify for an Oregon diesel truck engine scrapping grant, the engine to be scrapped must: (a) Have been manufactured prior to 1994; (b) Be in an operating condition at the time of the grant application or, if repairs are needed, the owner must demonstrate to the Department’s satisfaction that the engine can be repaired to an operating condition for less than its commercial scrap value; (c) Have been used in Oregon at least 50 percent of the time, as measured by miles driven or hours operated, for the two years preceding the scrapping of the engine; and (d) Have been insured for driving for the two years preceding the scrapping. (2) The engine to be scrapped does not qualify for an Oregon diesel truck engine scrapping grant if the owner or operator of the engine has applied for or received any other tax credit or other public financial assistance concerning emission reductions for the engine. (3) Except as adjusted under section (6) of this rule, the maximum grant allowed for scrapping a medium-duty truck engine is $2,000 for the calendar year 2008 and thereafter. The Department may allow grants for the maximum amount or a lesser amount. (4) Except as adjusted under section (6) of this rule, the maximum grant allowed for scrapping a heavy-duty truck engine for a vehicle that has a combined weight under 33,000 pounds is $2,000 for the calendar year 2008 and thereafter. The Department may allow grants for the maximum amount or a lesser amount. (5) Except as adjusted under section (6) of this rule, the maximum grant allowed for scrapping a heavy-duty truck engine that has a combined weight that is 33,000 pounds or more is $7,000 for the calendar year 2008 and thereafter. The Department may allow grants for the maximum amount or a lesser amount. (6) On an annual basis, the Department may adjust the maximum grant amounts specified in subsections (3) to (5) of this section based upon the increase or decrease (if any) from August of the preceding year to August of the year in which the calculation is made in the U.S. City Average Consumer Price Index for All Urban Consumers for All Items as prepared by the Bureau of Labor Statistics of the United States Department of Labor or its successor. Statutory/Other Authority: OL 2007 & Ch. 855 (HB 2172 (2007)) Statutes/Other Implemented: OL 2007 & Ch. 855 (HB 2172 (2007)) History: DEQ 9-2008, f. & cert. ef. 7-11-08
340-259-0040 Approval Preferences for Grant and Loan Awards (1) Subject to OAR 340-259-0045 to 340-259-0055, the Department may award grants and loans under this division based on all the following preferences, or may award grants and loans in a simplified year-round process that uses only the preferences in subsections (1)(a)–(c) of this section: (a) Percent of engine use in Oregon; (b) Benefit to sensitive populations or areas with elevated concentrations of diesel particulate matter; (c) Cost effectiveness; (d) Length of project benefits; (e) Commitment of funding, expertise, materials, labor or other assistance from third parties; (f) Commitment to making additional air quality improvements such as, but not limited to participating in Oregon’s Clean Fleets Recognition Program, EPA’s SmartWay Transport Partnership, having a policy that specifies replacement of old equipment or reduces idling, or conducting a fleet analysis; (g) Amount of emissions reductions in Oregon; (h) The applicant’s past grant or loan performance, such as maintenance and recordkeeping; (i) Capacity to complete and maintain the repower, retrofit or scrapping project effectively; and (j) Other preferences the Department may specify. (2) The Department may include, in any public notice announcing grant and loan availability, a request for applications for specific repower, retrofit and scrapping projects or project areas that will be given preference. The Department may designate funds to target specific projects or areas. Statutory/Other Authority: OL 2007 & Ch. 855 (HB 2172 (2007)) Statutes/Other Implemented: OL 2007 & Ch. 855 (HB 2172 (2007)) History: DEQ 9-2008, f. & cert. ef. 7-11-08
340-259-0045 Grant and Loan Award Process (1) The Department will determine the amount of grants and loans available, and may: (a) Allocate funds for specific engine types, geographic areas, or other specific purposes. (b) Establish and publish public notice of deadlines for submission of applications. (c) Make funds available for year-round application submissions. When a year-round process is used: (A) Completed applications will be reviewed in the order they are received; and (B) Funds will be awarded until they are no longer available. (d) Make funds available through grant rounds. When grant rounds are used: (A) Completed applications received by the published deadline will be reviewed without preference for date of receipt; (B) The Department may rank projects for purposes of grant and loan awards; and (C) The Department will establish a maximum funding amount for each grant round that is less than the Department’s available funding. (2) The Department will allocate a portion of the funds available for grants and loans for applicants that own or operate 10 or fewer Oregon diesel engines and will provide for simplified access to financial assistance for those applicants. (3) Beginning on June 25, 2008 and ending on June 30, 2010, the Department must reserve 75 percent of the funds available for grants and loans under this division for Oregon diesel engines that: (a) Will be used in Oregon for at least 75 percent of the total number of miles that the vehicle is driven during the three years following the repowering or retrofitting of the engine; or (b) Will be used in Oregon for at least 75 percent of the total number of hours the engine is operated during the three years following the repowering or retrofitting of the engine. Statutory/Other Authority: OL 2007 & Ch. 855 (HB 2172 (2007)) Statutes/Other Implemented: OL 2007 & Ch. 855 (HB 2172 (2007)) History: DEQ 9-2008, f. & cert. ef. 7-11-08
340-259-0055 Review and Approval or Denial (1) Within 30 days of determining that it does not require any additional information and that the application is complete pursuant to OAR 340-259-0050(4), the Department must provide written notice to the applicant of whether it has approved or denied the application, and if approved, the amount of the grant or loan. (2) The Department will approve or deny completed applications based on funding availability, application content, whether the project meets the standards of a qualified repower, retrofit or Oregon diesel truck engine scrapping project, and approval preferences for grant and loan awards pursuant to 340-259-0040. (3) For approved applications, the Department may award grants and loans in amounts less than requested by the applicant. The Department determination the amount of the grant or loan based on funding availability, application content, and approval preferences for grant and loan awards pursuant to 340-259-0040. (4) Applications that are denied due to lack of funding may be resubmitted if the Department obtains additional funding. Statutory/Other Authority: OL 2007 & Ch. 855 (HB 2172 (2007)) Statutes/Other Implemented: OL 2007 & Ch. 855 (HB 2172 (2007)) History: DEQ 9-2008, f. & cert. ef. 7-11-08
340-259-0060 Grant or Loan Agreements and Conditions (1) Following approval of the application for a repower or retrofit grant or loan pursuant to OAR 340-259-0055, the Department and the applicant will enter into an agreement with the following terms and conditions: (a) Recordkeeping requirements; (b) Maintenance requirements; (c) End date — term of project; (d) Method of payment; (e) Audit by the Department; and (f) Other terms and conditions necessary to monitor compliance with applicable requirements of the grant or loan. (2) Following approval of the application for a truck engine scrapping project, the Department will provide the grant money to the applicant within 30 days, provided that the allocation for truck scrapping grants has not been exceeded. (3) If the repower or retrofit has not been fully completed within one year of the Department approval, funding may be terminated. The money allocated to the grant or loan will be available for reallocation by the Department. (4) The Department may allow an extension of time for a grant or loan recipient to complete a project, upon receipt from the fund recipient, and Department approval, of acceptable documentation of need. (5) The Department may at any time review and audit requests for payment and make adjustments due to mathematical errors, items not built or bought, unreasonable costs, lack of progress under the grant or loan, or other reasons. (6) The Department may require grant and loan recipients to submit records and materials necessary to monitor compliance with applicable requirements and the grant or loan agreement, including but not limited to: (a) Relevant invoices; (b) For a repower or truck engine scrapping grant, an invoice for the scrapped engine that includes the name of the scrap yard, scrapping price and date, scrapped engine manufacturer and serial number, and, if available, EPA engine family number; and (c) For a repower or truck scrapping grant, documentation that the engine block of the scrapped engine has had a hole drilled in it or has otherwise been destroyed or rendered inoperable. (7) If the recipient does not comply with applicable requirements, including but not limited to the grant or loan agreement, the Department may: (a) Order the recipient to refund all grants and loans received; (b) Impose penalties pursuant to ORS 468.140; or (c) Take any other appropriate legal or enforcement action. (8) Grants and loans will be disbursed to the recipient within 30 days of receipt by the Department of a completed grant or loan disbursement request form accompanied by receipts, invoices or other documentation required by the grant or loan agreement. Statutory/Other Authority: OL 2007 & Ch. 855 (HB 2172 (2007)) Statutes/Other Implemented: OL 2007 & Ch. 855 (HB 2172 (2007)) History: DEQ 9-2008, f. & cert. ef. 7-11-08
340-260-0010 Purpose and Applicability The purpose of OAR 340-260-0010 through 340-260-0030 is to reduce the use of stratospheric ozone depleting chemicals, to recycle those chemicals already in use, and to encourage the use of less dangerous chemicals. The Environmental Quality Commission having determined that equipment for the recovery and recycling of chlorofluorocarbons from automobile air conditioners is affordable and available, intends that 340-260-0010 through 340-260-0030 apply to persons handling automobile air conditioners. Statutory/Other Authority: ORS 468 & 468A Statutes/Other Implemented: ORS 468A.025 History: DEQ 14-1999, f. & cert. ef. 10-14-99, Renumbered from 340-022-0405 DEQ 4-1993, f. & cert. ef. 3-10-93 DEQ 31-1990, f. & cert. ef. 8-15-90
340-260-0020 Definitions The definitions in OAR 340-200-0020 and this rule apply to this division. If the same term is defined in this rule and 340-200-0020, the definition in this rule applies to this division. (1) “Automobile” means any self-propelled motor vehicle used for transporting persons or commodities on public roads. (2) “Chlorofluorocarbons (CFC)” includes: (a) CFC-11 (trichlorofluoromethane); (b) CFC-12 (dichlorodifluoromethane); (c) CFC-113 (trichlorotrifluoroethane); (d) CFC-114 (dichlorotetrafluoroethane); and (e) CFC-115 ((mono)chloropentafluoroethane). (3) “Commission” means the Environmental Quality Commission. (4) “Department” means the Department of Environmental Quality. (5) “Director” means the Director of the Department of Environmental Quality. (6) “Person” means individuals, corporations, associations, firms, partnerships, joint stock companies, public and municipal corporations, political subdivisions, the state and any agencies thereof, and the federal government and any agencies thereof. Statutory/Other Authority: ORS 468 & 468A Statutes/Other Implemented: ORS 468A.025 History: DEQ 14-1999, f. & cert. ef. 10-14-99, Renumbered from 340-022-0410 DEQ 4-1993, f. & cert. ef. 3-10-93 DEQ 31-1990, f. & cert. ef. 8-15-90
340-260-0030 Requirement for Recycling Automobile Air Conditioning Coolant (1) Except as provided in section (2) of this rule no person shall engage in the business of installing, servicing, repairing, disposing of, or otherwise treating automobile air conditioners without recovering and recycling CFC. (2) Any automobile repair shop that has: (a) Fewer than four employees; or (b) Fewer than three covered bays shall comply with the provisions of section (1) of this rule after August 10, 1992. (3) Only recovery and recycling equipment that is certified by Underwriters Laboratory (UL) as meeting the requirements and specifications of UL1963 and the Society of Automotive Engineers (SAE) Standards, J1990 and J1991, or other requirements and specifications determined by the Department as being equivalent, shall be used. (4) All recovery and recycling equipment shall be operated and maintained at full efficiency and effectiveness according to the manufacturer’s directions and guidelines contained in SAE Standard J1989. [NOTE: Publications referenced are available from the agency.] Statutory/Other Authority: ORS 468 & 468A Statutes/Other Implemented: ORS 468A.635 & 468A.640 History: DEQ 13-2019, amend filed 05/16/2019, effective 05/16/2019 DEQ 14-1999, f. & cert. ef. 10-14-99, Renumbered from 340-022-0415 DEQ 4-1993, f. & cert. ef. 3-10-93 DEQ 31-1990, f. & cert. ef. 8-15-90
340-260-0040 Federal Regulations Adopted by Reference (1) Except as provided in Section (2) of this rule, 40 CFR Part 82 (July 1, 1994) is by this reference adopted and incorporated herein for major sources only, for purposes of implementing a stratospheric ozone protection program that meets the requirements of title VI of the Clean Air Act. (2) Where “Administrator” or “EPA” appears in 40 CFR Part 82, “Department” shall be substituted, except in any section of 40 CFR Part 82 for which a federal rule or delegation specifically indicates that authority will not be delegated to the state. (3) Where a discrepancy is determined to exist between OAR 340-260-0010 through 340-260-0030 and 40 CFR Part 82, 40 CRF Part 82 will apply. Statutory/Other Authority: ORS 468.020 & 468A.310(2) Statutes/Other Implemented: ORS 468.310 History: DEQ 14-1999, f. & cert. ef. 10-14-99, Renumbered from 340-022-0420 DEQ 32-1994, f. & cert. ef. 12-22-94