justicedao/ipfs_state_laws huggingface dataset:
340-256-0358 Emission Control System Inspection: Emissions Control Test Method for Self-Service Testing Program This rule documents the Self-Service test method. (1) DEQ may provide a testing method whereby the vehicle owner or their representative will perform the emissions test. The test performed will be either a remote sensing optical quantification of the tailpipe pollutants, a remote or computer connected OBD test, or other means approved under section (4) of this rule. (2) Before implementing Self-Service Testing under this rule, DEQ must establish specific Self-Service Testing processes in DEQ’s policies and procedures documents, including: (a) The test techniques to be used for Self-Service Testing; (b) Procedures for identifying the vehicle that will be subjected to Self-Service testing; (c) Procedures for protecting the Self-Service test process from vandalism and cheating; and (d) Testing standards for the Self-Service technique that will be used. (3) If DEQ uses the optical attenuation method for Self-Service Testing, 1975 and newer model year vehicles are eligible for Self-Service Testing. If DEQ uses broadcast data or hardwire cable connection from vehicles’ OBD systems for Self-Service Testing, 1996 and newer model year vehicles are eligible for Self-Service Testing. (4) If DEQ develops and implements additional test methods for use in the Self-Service Testing program, DEQ must develop documentation that such method will provide equal or greater accuracy in identifying vehicles that would pass or fail the otherwise required emission test. Statutory/Other Authority: 468A.380(1)(c) Statutes/Other Implemented: ORS 468A.350 - 468A.420 History: DEQ 21-2020, amend filed 11/19/2020, effective 11/19/2020 DEQ 14-2003, f. & cert. ef. 10-24-03
340-256-0370 Emission Control System Inspection: Renewal of Registration for Light-duty Motor Vehicles and Heavy-duty Gasoline Motor Vehicles Temporarily Operating Outside of the Oregon Vehicle Inspection Boundaries Vehicles registered in the Portland Vehicle Inspection Area and Medford-Ashland AQMA and are temporarily operated at an address located South of the US-Canada border, North of latitude line 40°N, and West of longitude line 121°W must comply with the following requirements: (1) For vehicles operated within another Environmental Protection Agency approved Inspection and Maintenance (I/M) program area, DEQ shall establish reciprocity provisions to ensure motor vehicle compliance with the other state’s I/M requirements. Compliance with the other state’s I/M program requirements is equivalent to the issuance of a Certificate of Compliance. (2) For vehicles operated outside of the boundaries listed in 340-256-0370, but not within another Environmental Protection Agency approved Inspection and Maintenance (I/M) area, DEQ shall issue a temporary exemption from Oregon I/M Program testing requirements until the vehicle returns to Oregon. Within 30 calendar days of the date the vehicle returns to Oregon it must comply with the Oregon I/M Program’s test criteria, methods and standards. (3) For vehicles operated in Oregon, but East of longitude line 121°W, DEQ shall issue a temporary exemption from Oregon I/M Program testing requirements until the vehicle returns to the registered address. Within 30 calendar days of the date the vehicle returns to the registered address it must comply with the Oregon I/M Program’s test criteria, methods and standards. [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.360 Statutes/Other Implemented: ORS 468A.360 History: DEQ 5-2025, minor correction filed 01/27/2025, effective 01/27/2025 DEQ 3-2025, amend filed 01/10/2025, effective 01/10/2025 DEQ 21-2020, amend filed 11/19/2020, effective 11/19/2020 DEQ 14-1999, f. & cert. ef. 10-14-99, Renumbered from 340-024-0318 DEQ 25-1996, f. & cert. ef. 11-26-96 DEQ 15-1994, f. 6-8-94, cert. ef. 7-1-94
340-256-0390 Emission Control System Inspection: Heavy Duty Gasoline Motor Vehicle Emission Control Test Criteria This rule documents the heavy duty gasoline motor vehicle emission test criteria. (1) A vehicle emission control test is not valid if the vehicle exhaust system leaks in such a manner as to dilute the exhaust emissions being sampled by the gas analytical system. For the purpose of emission control tests conducted at state facilities, tests will not be considered valid if the exhaust emissions are diluted to such an extent that the sum of the CO and CO2 concentrations recorded for the idle speed reading from an exhaust outlet is six percent or less. (2) A vehicle emission control test is not valid if the engine idle speed exceeds 1300 RPM. (3)(a) A vehicle emission control test is not valid if the gas cap or catalyst has been disconnected, plugged, or otherwise made inoperative in violation of ORS 815.305(1), except as noted in 815.305(2). (b) DEQ may provide alternative criteria for those required under subsection (a) of this section if it determines that the component or an acceptable alternative is unavailable. (c) The use of a non-original equipment aftermarket part (including a rebuilt part) as a replacement part is not a violation of ORS 815.305, if DEQ determines that such use will not adversely affect emission control efficiency. (d) Adjustments or alterations of a particular part or system parameter, if done for purposes of maintenance or repair according to the vehicle or engine manufacturer's instructions, are not violations of ORS 815.305. (4) A 1981 or newer model motor vehicle that has been converted to operate on gaseous fuels is in violation of ORS 815.305 if elements of the factory-installed motor vehicle air pollution control system are disconnected for the purpose of conversion to gaseous fuel as authorized by 815.305. [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.360 Statutes/Other Implemented: ORS 468A.350 - 468A.385 History: DEQ 21-2020, amend filed 11/19/2020, effective 11/19/2020 DEQ 167-2018, minor correction filed 04/12/2018, effective 04/12/2018 DEQ 7-2005, f. & cert. ef. 7-12-05 DEQ 14-1999, f. & cert. ef. 10-14-99, Renumbered from 340-024-0325 DEQ 25-1996, f. & cert. ef. 11-26-96 DEQ 15-1994, f. 6-8-94, cert. ef. 7-1-94 DEQ 4-1993, f. & cert. ef. 3-10-93 DEQ 21-1988, f. & cert. ef. 9-12-88 DEQ 12-1985, f. & ef. 9-30-85 DEQ 6-1985, f. & ef. 5-1-85 DEQ 19-1983, f. 11-29-83, ef. 12-31-83 DEQ 12-1982, f. & ef. 7-21-82 DEQ 22-1979, f. & ef. 7-5-79 DEQ 136, f. 6-10-77, ef. 7-1-77
340-256-0400 Emission Control System Inspection: Light Duty Motor Vehicle Emission Control Standards for Basic Program This rule documents the standards not to be exceeded for light duty motor vehicles that undergo the Basic emission test. (1) Light Duty Diesel Motor Vehicle Emission Control Standards: 1.5% CO; there is no HC standard. (2) Light Duty Gasoline Motor Vehicle Emission Control Standards: Four-Stroke Cycle — Passenger Cars: (a) 1975–1980 Model Year: (A) With Catalyst: 1.0% CO and 220 ppm HC; (B) Without Catalyst: 2.5% CO and 300 ppm HC. (b) 1981 and Newer Model Year: at idle — 1.0% CO and 220 ppm HC; (3) Light Duty Gasoline Motor Vehicle Emission Control Standards — Light Duty Trucks: (a) 6,000 GVWR or less: (A) 1975–1980 Model Year: (i) With Catalyst: 1.0% CO and 220 ppm HC; (ii) Without Catalyst: 2.5% CO and 300 ppm HC. (B) 1981 and Newer Model Year: at idle — 1.0% CO and 220 ppm HC; (b) 6,001 to 8,500 GVWR: (A) 1975–1978 Model Year: 2.5% CO and 300 ppm HC; (B) 1979–1980 Model Year: (i) With Catalyst: 1.0% CO and 220 ppm HC; (ii) Without Catalyst: 2.5% CO and 300 ppm HC. (C) 1981 and Newer: at idle — 1.0% CO and 220 ppm HC; (4) Gross CO emissions exceed the applicable model year CO standard by a factor of one and one-half (1.5). (5) Gross HC emissions exceed the applicable model year HC standard by a factor of three (3). (6) Visible emissions must not occur during the steady-state unloaded and raised rpm engine idle portions of a gasoline engine emission test from either the vehicle’s exhaust system or the engine crankcase. For a diesel engine emissions test, visible emissions must not exceed 20% opacity. (7) The Director or Director’s delegate may grant a waiver from standards listed in sections (1)–(6) for vehicle classes that DEQ determines present prohibitive inspection problems meeting the standards in sections (1) – (6) if DEQ deems the motor vehicle pollution system otherwise meets the standards of 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 468A.360 Statutes/Other Implemented: ORS 468A.350 - 468A.385 History: DEQ 21-2020, amend filed 11/19/2020, effective 11/19/2020 DEQ 168-2018, minor correction filed 04/12/2018, effective 04/12/2018 DEQ 14-1999, f. & cert. ef. 10-14-99, Renumbered from 340-024-0330 DEQ 25-1996, f. & cert. ef. 11-26-96 DEQ 16-1993, f. & cert. ef. 11-4-93 DEQ 4-1993, f. & cert. ef. 3-10-93 DEQ 21-1988, f. & cert. ef. 9-12-88 DEQ 18-1986, f. 9-18-86, ef. 10-1-86 DEQ 20-1981, f. 7-28-81, ef. 8-1-81 DEQ 15-1981(Temp), f. & ef. 5-6-81 DEQ 18-1980, f. & ef. 6-25-80 DEQ 22-1979, f. & ef. 7-5-79 DEQ 9-1978, f. & ef. 7-7-78 DEQ 139, f. 6-30-77, ef. 7-1-77 DEQ 121, f. & ef. 9-3-76 DEQ 116(Temp), f. & ef. 7-27-76 DEQ 89, f. 4-22-75, ef. 5-25-75
340-256-0420 Emission Control System Inspection: Heavy-Duty Gasoline Motor Vehicle Emission Control Standards This rule documents the standards not to be exceeded for heavy duty gasoline vehicle emission tests. (1) CO idle emission values: (a) 1975–1978 Model Year: 4.0%; (b) 1979 and Newer Model Year without catalyst: 3.0%; (c) 1985 and Newer Model Year with catalyst: 1.0%. (2) Gross CO emissions exceed the applicable model year CO standard by a factor of one and one-half (1.5). (3) Hydrocarbon idle emission values: (a) 1975–1978 Model Year: 500 PPM; (b) 1979 and Newer Model Year without catalyst: 350 PPM; (c) 1985 and Newer Model Year with catalyst: 220 PPM. (4) Gross HC emissions exceed the applicable model year HC standard by a factor of three (3). (5) Visible emission must not occur during the steady-state unloaded engine idle and raised rpm portion of the emission test from either the vehicle’s exhaust system or the engine crankcase. (6) The Director may grant a waiver from standards listed in sections (1)–(4) for vehicle classes that DEQ determines present prohibitive inspection problems meeting the listed standards in sections (1) – (4) if DEQ deems the motor vehicle pollution system otherwise meets the standards of 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 468A.360 Statutes/Other Implemented: ORS 468A.360 History: DEQ 21-2020, amend filed 11/19/2020, effective 11/19/2020 DEQ 14-1999, f. & cert. ef. 10-14-99, Renumbered from 340-024-0335 DEQ 25-1996, f. & cert. ef. 11-26-96 DEQ 15-1994, f. 6-8-94, cert. ef. 7-1-94 DEQ 16-1993, f. & cert. ef. 11-4-93 DEQ 4-1993, f. & cert. ef. 3-10-93 DEQ 18-1986, f. 9-18-86, ef. 10-1-86 DEQ 20-1981, f. 7-28-81, ef. 8-1-81 DEQ 15-1981(Temp), f. & ef. 5-6-81 DEQ 18-1980, f. & ef. 6-25-80 DEQ 22-1979, f. & ef. 7-5-79 DEQ 9-1978, f. & ef. 7-7-78 DEQ 136, f. 6-10-77, ef. 7-1-77
340-256-0465 Emission Control System Inspection: Test Equipment Criteria for OBD Test Program This equipment must contain the standard terminal Diagnostic Link Connector for OBD systems and be capable of the following: (1) Making an automatic pass/fail decision based on malfunction indicator light observations and vehicle OBD system download; (2) Transferring electronic vehicle test result to the DEQ online computer servers; [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.380 Statutes/Other Implemented: ORS 468A.380 History: DEQ 4-2025, amend filed 01/10/2025, effective 07/01/2025 DEQ 21-2020, amend filed 11/19/2020, effective 11/19/2020 DEQ 17-2000, f. & cert. ef. 10-25-00
340-256-0466 Emissions Control System Inspection: Test Equipment Criteria for Remote OBD Test Method Devices used by participants in the remote OBD testing program must meet the following standards: (1) All devices that acquire and handheld data must be capable of electronically submitting data to the DEQ online computer servers either; (a) Through the telematics device itself; or (b) Through a data acquisition server; and (2) Devices manufactured for the remote OBD test must comply with criteria listed in the Oregon DEQ Remote OBD Specification Document for Telematic Device Provided as of March 05, 2016 [NOTE: This rule is included in the State of Oregon Clean Air Act Implementation that EQC adopted under OAR 340-200-0040.] Statutory/Other Authority: ORS 468A.380 Statutes/Other Implemented: ORS 468A.380 History: DEQ 4-2025, adopt filed 01/10/2025, effective 07/01/2025
340-256-0471 Violations and Disqualification from Participation in Remote OBD Testing Program (1) Any violation of the requirements to comply with OAR 340-256-0467 by a host participant, OAR 340-256-0468 dealership participant, or OAR 340-256-0469 fleet participant in the Remote OBD Testing Program is subject to enforcement as provided in this rule. (2) A violation described in section (1) is subject to DEQ taking any of the following enforcement actions: (a) A proposed order assessing civil penalties as provided under OAR chapter 340, division 12; (b) A proposed order disqualifying the person from participation in the Remote OBD Testing Program; and. (c) If DEQ finds a serious danger to the public health or safety would result from continued participation in the Remote OBD Testing Program, DEQ may issue a final order immediately suspending the person’s authorization to participate in the Remote OBD Testing Program. (3) Orders may be challenged based on the following provisions; (a) A person who receives a proposed order described in section (2)(a) may request a hearing to challenge the order no later than 320 days after the proposed order is issued. The hearing will be conducted as a contested case hearing as provided in ORS 183.413 through 183.470 and OAR chapter 340, division 11. If a hearing is not requested, the proposed order(s) will become a final order by operation of law 20 days after the proposed order is issued. (b) A person who receives a proposed order described in section (2)(b) may request a hearing to challenge the order no later than 60 days after the proposed order is issued. The hearing will be conducted as a contested case hearing as provided in ORS 183.413 through 183.470 and OAR chapter 340, division 11. If a hearing is not requested, the proposed order(s) will become a final order by operation of law 20 days after the proposed order is issued. (c) A person who receives a final order described in section (2)(c) may request a hearing to challenge the order no later than 90 days after the proposed order is issued. The hearing will be conducted as a contested case hearing as provided in ORS 183.413 through 183.470 and OAR chapter 340, division 11. [NOTE: This rule is included in the State of Oregon Clean Air Act Implementation that EQC adopted under OAR 340-200-0040.] Statutory/Other Authority: ORS 468A.380 Statutes/Other Implemented: ORS 468A.380 History: DEQ 4-2025, adopt filed 01/10/2025, effective 07/01/2025
340-256-0500 Background The 2019 Oregon Legislature passed House Bill 2007, the relevant portions of which are codified in 2019 Oregon Laws Chapter 468A and in ORS Chapter 803. ORS 803.591 prohibits registering and titling older Medium- and Heavy-duty Trucks in Clackamas, Multnomah, and Washington counties after certain deadlines unless they are equipped with Approved Retrofit Technology. ORS 468A.810 requires the Commission to adopt rules for certification of Approved Retrofit Technologies for Diesel Engines that power certain Medium- and Heavy-duty Trucks and to prescribe the manner for issuing a certification that such Diesel Engines have been equipped with Approved Retrofit Technology. The rules are intended to accomplish those goals. Statutory/Other Authority: ORS 468A.810 & ORS 468A.360 Statutes/Other Implemented: ORS 468A.810 & ORS 468A.350–468A.400 History: DEQ 11-2021, adopt filed 07/23/2021, effective 07/23/2021
340-256-0510 Requirements for Approved Retrofit Technology To be an Approved Retrofit Technology, the retrofit technology must be: (1) New or used equipment that: (a) Was installed by an installer authorized by the Approved Retrofit Technology manufacturer; (b) Was manufactured for installation on an on-road Diesel Engine and compatible with the Medium- or Heavy-duty Truck; (c) Has a valid manufacturer’s warranty; (d) DEQ determines will provide a reduction of at least 85 percent of Diesel Particulate Matter; and (e) Complies with the labeling requirements in OAR 340-256-0550. (2) If the Approved Retrofit Technology is used, in addition to meeting all the requirements in subsection (1) of this rule, the equipment must be installed in compliance with the requirements in OAR 340-256-0560. Statutory/Other Authority: ORS 468A.810 & ORS 468A.360 Statutes/Other Implemented: ORS 468A.810 & ORS 468A.350–468A.400 History: DEQ 11-2021, adopt filed 07/23/2021, effective 07/23/2021
340-256-0530 Issuance of a Certificate of Approved Retrofit Compliance (1) The Department shall review all applications received, including those submitted under OAR 340-256-0520, for completeness, to determine whether the retrofit technology constitutes Approved Retrofit Technology, and to determine if a Certificate of Retrofit Compliance should be issued. The Department will review applications based on the schedule shown on its website and in the order in which they are received. (2) Based on its review in subsection (1) of this rule, the Department shall either issue a Certificate of Approved Retrofit Compliance or deny the request for a Certificate of Approved Retrofit Compliance. The Department’s decision to deny the request shall state the reason(s) for the denial. A final decision issued under this subsection (2) shall be a contested case order issued in accordance with ORS Chapter 183. (3) The Department shall submit to the Department of Motor Vehicles a Certificate of Approved Retrofit Compliance for Medium-duty Trucks and to CCD for Heavy-duty Trucks, if the Department issues such a certificate under subsection (2) of this rule. (4) Once issued, a Certificate of Approved Retrofit Compliance shall remain valid for the Medium- or Heavy-duty Truck to which it was issued until any of the following occur: (a) The retrofit technology no longer constitutes Approved Retrofit Technology; (b) The Department issues a final order revoking the Certificate of Approved Retrofit Compliance; or (c) The Person who owns or to whom the Medium- or Heavy-duty Truck is registered fails to obtain an annual renewal under OAR 340-240-0540. (5) Once issued a Certificate of Approved Retrofit Compliance, the Person who owns or to whom the Medium- or Heavy-duty Truck is registered must comply with all of the commitments and declarations in OAR 345-256-0520(b)(A–E). (6) Once issued a Certificate of Approved Retrofit Compliance, the Person who owns or to whom the Medium- or Heavy-duty Truck is registered must keep and maintain all records of Approved Retrofit Technology filter cleaning, exhaust temperature and engine backpressure, and maintenance (warranty and other than warranty repairs) for a minimum period of 24 months. Statutory/Other Authority: ORS 468A.810, ORS 468A.360 & ORS 468.020 Statutes/Other Implemented: ORS 468A.810 & ORS 468A.350–468A.400 History: DEQ 11-2021, adopt filed 07/23/2021, effective 07/23/2021
340-256-0550 Approved Retrofit Technology labeling requirements (1) The Person who owns or to whom the Medium- or Heavy-duty Truck is registered must ensure each Medium- or Heavy-duty Truck containing Approved Retrofit Technology has a legible and durable label that complies with subsection (3) of this rule affixed to a conspicuous location on the engine or engine compartment and affixed to the Approved Retrofit Technology so that it can be easily read with the naked eye during daylight with or without the assistance of artificial lighting or reflective devices. (2) No Person may remove, modify, alter, or tamper with a label in any way after it is installed. (3) At a minimum, the label shall include the following: (a) A unique identification number to be matched to the specific Approved Retrofit Technology family name; (b) The Approved Retrofit Technology’s manufacture name, address, and phone number; (c) The Approved Retrofit Technology’s serial number; (d) The month and year the Approved Retrofit Technology was manufactured; (e) The direction of the exhaust flow in the Approved Retrofit Technology; and (f) The Approved Retrofit Technology’s family name assigned by the installer of Approved Retrofit Technology in the following format: CA or US/MMM/YYYY/BART#/APP/XXXXX, where: (A) CA designates a retrofit device that appears or previously appeared on the Currently Verified Diesel Emission Control Strategy of CARB or that appears or previously appeared on the Currently Verified Diesel Emission Control Strategy of CARB and that appears or previously appeared Verified Technologies List for Clean Diesel of EPA; (B) US designates a retrofit device that appears or previously appeared Verified Technologies List for Clean Diesel of EPA and that does not appear or has not previously appeared the Currently Verified Diesel Emission Control Strategy of CARB; (C) MMM designates and is to be replaced by the manufacturer code. For a retrofit device that appears or previously appeared on the Currently Verified Diesel Emission Control Strategy of CARB, MMM shall be replaced by the manufacturer code assigned by CARB’s Executive Officer; (D) MMM shall be replaced by three zeroes (000) for a retrofit device that appears or previously appeared Verified Technologies List for Clean Diesel of EPA; and (E) YYYY designates and is to be replaced by the year of verification. Statutory/Other Authority: ORS 468A.810, ORS 468A.360 & ORS 468.020 Statutes/Other Implemented: ORS 468A.810 & ORS 468A.350–468A.400 History: DEQ 11-2021, adopt filed 07/23/2021, effective 07/23/2021
340-256-0560 Component Swapping or Re-Designation of Approved Retrofit Technology (1) Any Person conducting Component Swapping or Re-Designation must do so in compliance with Title 13, California Code of Regulations, Section 2706(i) (2020). (2) A Person who owns or to whom the Medium-or Heavy-duty Truck is registered may complete Component Swapping or Re-Designation only with prior Department approval. (3) To seek prior Department approval for Component Swapping or Re-Designation, the Person who owns or to whom the Medium-or Heavy-duty Truck is registered shall submit: (a) A Department approved application for approval of Component Swapping or Re-Designation; and (b) All documentation associated with the Component Swapping or Re-Designation under Title 13, California Code of Regulations, Section 2706(i) (2020) sufficient to allow the Department to determine that the Component Swapping or Re-Designation would comply with those provisions. (4) The Department shall review all applications under subsection (3) for completeness and to determine whether the Component Swapping or Re-Designation would comply with Title 13, California Code of Regulations, Section 2706(i) (2020). (5) Based on its review in subsection (4) of this rule, the Department shall either approve or deny the application. The Department’s decision to deny the application shall include the reason(s) for the denial. A final decision issued under this subsection (5) shall be a final order in a contested case issued in accordance with ORS Chapter 183. Statutory/Other Authority: ORS 468A.810, ORS 468A.360 & ORS 468.020 Statutes/Other Implemented: ORS 468A.810 & ORS 468A.350–468A.400 History: DEQ 11-2021, adopt filed 07/23/2021, effective 07/23/2021