justicedao/ipfs_state_laws huggingface dataset:
340-261-0010 Purpose The purpose of this division is to establish Oregon heavy-duty engine and vehicle standards that incorporate California engine and vehicle emission standards as required under section 177 of the federal Clean Air Act. These standards establish criteria and procedures for the manufacture, testing, distribution and sale of new on-highway medium- and heavy-duty trucks and engines in Oregon as listed in OAR 340-261-0050. Statutory/Other Authority: ORS 468.020, ORS 468A.025, 468A.050, 468A.279 & 468A.360 Statutes/Other Implemented: ORS 468A.025, 468A.050, 468A.279, 468A.360, ORS 468A.010 & 468A.015 History: DEQ 17-2021, adopt filed 11/17/2021, effective 11/17/2021
340-261-0020 Applicability This division is in effect as of January 1, 2022 and applies to and establishes requirements for medium- and heavy-duty truck and engine manufacturers, Oregon truck dealers, all 2027 and subsequent model year on-highway heavy-duty engines, and all 2028 and subsequent model year trucks delivered for sale or sold in the State of Oregon, except as provided in OAR 340-261-0060 Exemptions. Statutory/Other Authority: ORS 468.020, ORS 468A.025 & 468A.360 Statutes/Other Implemented: ORS 468A.025, 468A.360, ORS 468A.010, 468A.015, 468A.050 & 468A.279 History: DEQ 17-2025, amend filed 07/14/2025, effective 07/14/2025 DEQ 23-2024, temporary amend filed 12/17/2024, effective 01/01/2025 through 06/29/2025 DEQ 10-2024, amend filed 07/15/2024, effective 07/15/2024 DEQ 16-2023, temporary amend filed 11/16/2023, effective 01/01/2024 through 06/28/2024 DEQ 17-2021, adopt filed 11/17/2021, effective 11/17/2021
340-261-0030 Definitions and Abbreviations The definitions in OAR 340-200-0020, the definitions in the sections of CCR, Titles 13 and 17, incorporated by reference in OAR 340-261-0050, and the definitions in this rule apply to this division. If the same term is defined in different passages, the definitions in this rule apply first, followed by definitions in the CCR Title 13 sections incorporated by reference, followed by the definitions in the CCR Title 17 sections incorporated by reference, and finally the definitions in OAR 340-200-0020. (1) “CARB” means California Air Resources Board. (2) “CCR” means California Code of Regulations. (3) “Disadvantaged community” means an area with the highest diesel emission concentrations, vulnerable populations, and population densities as shown in Figure 1. (4) “Transit agency” means a public entity responsible for administering and managing transit services. Public transit agencies can directly operate transit service or contract out for all or part of the total transit service provided. (5) “Vulnerable populations” has the meaning given that term in OAR 340-255-0020. [NOTE: View a PDF of Figures by clicking on “Figures” link below.] [ED. NOTE: To view attachments referenced in rule text, click here to view rule.] Statutory/Other Authority: ORS 468.020, ORS 468A.025 & 468A.360 Statutes/Other Implemented: ORS 468A.025, 468A.360, ORS 468A.010, 468A.015, 468A.050 & 468A.279 History: DEQ 10-2024, amend filed 07/15/2024, effective 07/15/2024 DEQ 17-2021, adopt filed 11/17/2021, effective 11/17/2021
340-261-0040 Requirement to Meet California Vehicle Emission Standards (1) Starting with the 2027 engine model year and for each engine model year thereafter no person may deliver for sale, or sell, in Oregon any new on-highway medium- or heavy-duty engine unless such engine is certified to the California emission standards as required under OAR 340-261-0050, except as provided in OAR 340-261-0060, Exemptions. (2) Starting with the 2028 model year and for each model year thereafter no person may deliver for sale, or sell, in Oregon any new medium- or heavy-duty truck unless such vehicle is certified to the California emission standards as required under OAR 340-261-0050, except as provided in OAR 340-261-0060, Exemptions. (3) All motor medium- and heavy-duty truck manufacturers and dealers must comply with the sales and reporting requirements contained in this division. Statutory/Other Authority: ORS 468.020, ORS 468A.025 & 468A.360 Statutes/Other Implemented: ORS 468A.025, 468A.360, ORS 468A.010, 468A.015, 468A.050 & 468A.279 History: DEQ 17-2025, amend filed 07/14/2025, effective 07/14/2025 DEQ 23-2024, temporary amend filed 12/17/2024, effective 01/01/2025 through 06/29/2025 DEQ 10-2024, amend filed 07/15/2024, effective 07/15/2024 DEQ 16-2023, temporary amend filed 11/16/2023, effective 01/01/2024 through 06/28/2024 DEQ 17-2021, adopt filed 11/17/2021, effective 11/17/2021
340-261-0060 Exemptions (1) All exemptions in the California rules adopted by reference apply with the exception of the transit agency diesel-fueled bus and engine exemption described in CCR, Title 13, section 1956.8(a)(2)(F). (2) New diesel-fueled buses sold to any transit agency are exempt from OAR 340-261-0050. (3) Emergency vehicles, as defined in ORS 801.260, and ambulances, as defined in ORS 801.115, are exempt from OAR 340-261-0050. Statutory/Other Authority: ORS 468.020, 468A.025 & 468A.360 Statutes/Other Implemented: 468A.025, 468A.360, ORS 468A.010, 468A.015, 468A.050 & 468A.279 History: DEQ 10-2024, amend filed 07/15/2024, effective 07/15/2024 DEQ 17-2021, adopt filed 11/17/2021, effective 11/17/2021
340-261-0070 Recalls (1) Any order issued or enforcement action taken by CARB to correct noncompliance with any section of CCR, Title 13, that results in the recall of any vehicle as required under CCR, Title 13, sections 2109-2135, for a vehicle subject to the requirements adopted by reference in OAR 340-261-0050, will be prima facie evidence concerning vehicles registered in Oregon. If the manufacturer can demonstrate to DEQ’s satisfaction that the order or action is not applicable to vehicles registered in Oregon, DEQ will not pursue a recall of vehicles registered in Oregon. (2) Any voluntary or influenced emission-related recall campaign initiated by any manufacturer as required under CCR, Title 13, sections 2113 - 2121, for vehicles subject to the requirements adopted by reference in OAR 340-261-0050, must extend to all applicable vehicles registered in Oregon. If the manufacturer can demonstrate to DEQ’s satisfaction that said campaign is not applicable to vehicles registered in Oregon, the campaign will not apply in Oregon. (3) For vehicles subject to an order of enforcement action under section (1) of this rule, each manufacturer must send to owners of vehicles registered in the State of Oregon a notice that complies with the requirements in CCR, Title 13, sections 2118 or 2127. The manufacturer must provide a telephone number that Oregon consumers can use to learn answers to questions about any recall that affects Oregon vehicles. Statutory/Other Authority: ORS 468.020, ORS 468A.025 & 468A.360 Statutes/Other Implemented: ORS 468A.025, 468A.360, ORS 468A.010, 468A.015, 468A.050 & 468A.279 History: DEQ 17-2021, adopt filed 11/17/2021, effective 11/17/2021
340-261-0080 Inspections and Information Requests (1) DEQ may inspect new and used motor vehicles and related records for the purposes of determining compliance with the requirements of this division. DEQ inspections will occur during regular business hours on public property or on any premises owned, operated or used by any truck dealer or truck rental agency for the purposes of determining compliance with the requirements of this division. (2) For the purposes of determining compliance with this division, DEQ may require any truck dealer or truck rental agency to submit to DEQ any documentation that DEQ deems necessary to the effective administration and enforcement of this division. This provision does not require creation of new records. Statutory/Other Authority: ORS 468.020, ORS 468A.025 & 468A.360 Statutes/Other Implemented: ORS 468A.025, 468A.360, ORS 468A.010, 468A.015, 468A.050 & 468A.279 History: DEQ 17-2021, adopt filed 11/17/2021, effective 11/17/2021
340-261-0090 Severability Each requirement of this division is severable, and if any requirement of this division is held invalid, the remainder or the requirements in this division will continue in full force and effect. Statutory/Other Authority: ORS 468.020, ORS 468A.025 & 468A.360 Statutes/Other Implemented: ORS 468A.025, 468A.360, ORS 468A.010, 468A.015, 468A.050 & 468A.279 History: DEQ 17-2021, adopt filed 11/17/2021, effective 11/17/2021
340-262-0400 Purpose and Applicability of Rules (1) The State of Oregon promotes the use of cleaner solid fuel burning devices to reduce smoke created from wood heating and other solid fuels. Smoke from wood burning can be a significant source of air pollution and can have serious health consequences for people with asthma, respiratory or heart conditions or other illnesses. Children and the elderly are especially at risk. (2) This division regulates the sale and use of residential and commercial solid fuel burning devices to implement Oregon’s air quality regulations for public health and safety. (3) Subject to the requirements in this division and ORS 468A.100 through 468A.180, the Lane Regional Air Protection Agency is designated by the Environmental Quality Commission as the agency responsible for implementing this Division within its area of jurisdiction. The Regional Agency must implement the requirements and procedures contained in this division unless the Regional Agency adopts superseding rules at least as restrictive as this division. Statutory/Other Authority: ORS 468 & 468A Statutes/Other Implemented: ORS 468A.460 - 468A.515 & 468A.100 - 468A.180 History: DEQ 2-2011, f. 3-10-11, cert. ef. 3-15-11
340-262-0500 Certification of Solid Fuel Burning Devices for Sale as New (1) By order, the department may certify solid fuel burning devices that have been certified by the United States Environmental Protection Agency as meeting EPA emission performance standards and certification labeling standards pursuant to: (a) 40 CFR part 60, subpart AAA, as in effect on July 1, 2010; or (b) Any equivalent or more stringent standard adopted by the United States Environmental Protection Agency subsequent to July 1, 2010. (2) By order, the department may certify solid fuel burning devices that have not been certified by the United States Environmental Protection Agency, but that were previously certified by the department as meeting emission performance standards and certification labeling standards on or after July 1, 1986 pursuant to ORS 468A.480. (3) By order, the department may certify any hydronic heater that has been accepted by EPA as a Phase 1 or Phase 2 emission level qualified model pursuant to the EPA Hydronic Heater Program, and that meets the requirements of subsections (a) and (b) below: (a) The hydronic heater must have a permanent “qualifying label” attached that meets the requirements of the EPA Hydronic Heater Program Phase 2 Partnership Agreement or similar agreement for the EPA Phase 1 program; and (b) The hydronic heater must have been installed by March 1, 2011, and the owner of the hydronic heater must confirm notice of installation to the department, on a department provided form, by July 1, 2011. (4) By order, the department may certify solid fuel burning devices that have been tested using a test method that is equivalent to the test methods in 40 CFR part 60, subpart AAA as in effect on July 1, 2010, if: (a) Testing is done by a method that has been determined to be equivalent by DEQ; and (b) The test results show the solid fuel burning device emits no more than 7.5 g/hr. (5) The department shall maintain a list of all devices certified pursuant to this rule. Statutory/Other Authority: ORS 468 & 468A Statutes/Other Implemented: ORS 468A.460 - 468A.515 History: DEQ 2-2011, f. 3-10-11, cert. ef. 3-15-11
340-262-0600 New and Used Solid Fuel Burning Devices Sold in Oregon (1) No person may advertise to sell, offer to sell or sell a new or used solid fuel burning device in Oregon unless: (a) The device has been certified for sale as new by DEQ pursuant to OAR 340-262-0500, or by EPA pursuant to 40 CFR part 60, subpart AAA; and (b) The device is permanently labeled as certified, or in the case of a hydronic heater is permanently labeled as a Phase 1 or Phase 2 emission level qualified model, with a label authorized by DEQ or EPA. (2) Exempt devices. Cookstoves are exempt from this rule in addition to those devices that are not considered solid fuel burning devices as defined in OAR 340-262-0450(24). (3) Exempt consumer transactions. Consumer transactions are exempt from this rule, if the consumer: (a) Sells a used solid fuel burning device to a person in the business of reusing, reclaiming or recycling scrap metal and the person destroys the device; or (b) Remits a used device to a retailer for a price reduction on a new residential heating system. (4) Prohibited label alteration. No person may alter DEQ or EPA authorized labels. Statutory/Other Authority: ORS 468 & 468A Statutes/Other Implemented: ORS 468A.035 & 468A.460 - 468A.515 History: DEQ 1-2012, f. & cert. ef. 5-17-12 Reverted to DEQ 2-2011, f. 3-10-11, cert. ef. 3-15-11 DEQ 7-2011(Temp), f. & cert. ef. 6-24-11 thru 12-19-11 DEQ 2-2011, f. 3-10-11, cert. ef. 3-15-11
340-262-0700 Removal and Destruction of Used Solid Fuel Burning Devices (1) Unless exempt under section (4), when a residential structure is sold in Oregon, all used solid fuel burning devices must be removed and destroyed if the devices were not certified for sale as new by DEQ or EPA and are not permanently labeled as certified, or in the case of a hydronic heater is permanently labeled as a Phase 1 or Phase 2 emission level qualified model, with a label authorized by DEQ or EPA. (2) The removal and destruction of a used solid fuel burning device is the responsibility of the seller of the residential structure, unless the seller and buyer agree in writing that it is the buyer’s responsibility. If the seller retains responsibility, the seller shall remove and destroy the device prior to the closing date of the sale of the residential structure. If the buyer accepts responsibility, the buyer shall remove and destroy the device within 30 days after the closing date of the sale of the residential structure. (3) The seller or buyer, as determined pursuant to sections (1) and (2), must: (a) Remove all used solid fuel burning devices on the real property sold with the residential structure, including but not limited to devices in a residence, garage, workshop, outbuilding, or any other structure. (b) Destroy all used solid fuel burning devices, pursuant to the definition of “destroy” in OAR 340-262-0450, by taking them to a facility or entity that will render the devices incapable of being used as heating devices. (c) Obtain a receipt from the place of destruction that verifies the delivery of all used solid fuel burning devices. The receipt must include: (A) Date of delivery to place of destruction; (B) Name and address for the place of destruction; and (C) Description of all used solid fuel burning devices delivered for destruction. (d) Notify DEQ of the removal and destruction of all used solid fuel burning devices on DEQ issued paper or electronic forms. The forms will require the following information: (A) Name, current mailing address, and phone number of the person removing the stove; (B) Address and tax lot number of the residential structure being sold; (C) Closing date of sale of the residential structure if the buyer is the responsible party, or the estimated closing date of sale if the seller is the responsible party; (D) The receipt or receipt information obtained under subsection (3)(c); and (E) A signed statement certifying that the information is accurate to the best of the certifying individual’s knowledge. (4) Exemptions. The following are exempt from removal and destruction pursuant to this rule: (a) Fireplaces; (b) Cookstoves; (c) Antique woodstoves; (d) Pellet stoves; (e) Masonry heaters; (f) Central wood-fired furnaces; and (g) Saunas. 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 & 468A Statutes/Other Implemented: ORS 468A.460 - 468A.515 History: DEQ 2-2011, f. 3-10-11, cert. ef. 3-15-11
340-262-0900 Materials Prohibited from Burning No person may cause or allow any of the following materials to be burned in a solid fuel burning device, fireplace, a trash burner or any other device described in ORS 468A.485(4)(b): (1)(a) Garbage; (b) Treated wood; (c) Plastic or plastic products; (d) Rubber or rubber products; (e) Animal carcasses; (f) Products that contain asphalt; (g) Waste petroleum products; (h) Paint; (i) Chemicals; (j) Products containing lead, mercury or other heavy or toxic metals; (k) Materials containing asbestos; and (l) Particleboard. (2) Paper or paper products, except for paper used to kindle a fire. 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 & 468A Statutes/Other Implemented: ORS 468A.460 - 468A.515 History: DEQ 2-2011, f. 3-10-11, cert. ef. 3-15-11
340-262-1000 Wood Burning Contingency Measures for PM2.5 Nonattainment Areas (1) Applicability. This rule applies to any area classified as a nonattainment area for PM2.5 that does not achieve attainment by the applicable Clean Air Act deadline. (2) No owner of a residential solid fuel burning device shall allow the appliance to burn creating opacity greater than 20% opacity for more than three minutes in any 60-minute period including startup time. 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 & 468A Statutes/Other Implemented: ORS 468A.020, 468A.025 & 468A.460 - 468A.515 History: DEQ 10-2012, f. & cert. ef. 12-11-12
340-264-0020 Policy In order to restore and maintain the quality of the air resources of the state in a condition as free from air pollution as is practicable, consistent with the overall public welfare of the state, it is the policy of the EQC: (1) To eliminate open burning disposal practices where alternative disposal methods are feasible and practicable; (2) To encourage the development of alternative disposal methods; (3) To emphasize resource recovery; (4) To regulate specified types of open burning; (5) To encourage utilization of the highest and best practicable burning methods to minimize emissions where other disposal practices are not feasible; and (6) To require specific programs and timetables for compliance with 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 & 468A.025 Statutes/Other Implemented: ORS 468A.025, 468A.035 & 468A.460 – 468A.515 History: DEQ 7-2015, f. & cert. ef. 4-16-15 DEQ 14-1999, f. & cert. ef. 10-14-99, Renumbered from 340-023-0025 DEQ 4-1993, f. & cert. ef. 3-10-93 DEQ 27-1981, f. & ef. 9-8-81 DEQ 123, f. & ef. 10-20-76
340-264-0040 Exemptions, Statewide Except for the provisions contained in OAR 340-264-0050 and 340-264-0060, this division does not apply to: (1) Recreational fires and ceremonial fires, for which a fire is appropriate. (2) Barbecue equipment used in connection with any residence. (3) Fires set or permitted by any public agency when such fire is set or permitted in the performance of its official duty for the purpose of weed abatement, prevention or elimination of a fire hazard, or a hazard to public health or safety, or for instruction of employees in the methods of firefighting, which in the opinion of the public agency is necessary. Every effort will be made by the public agency to conduct this burning during good smoke dispersal conditions and specifically avoiding periods during Air Pollution Advisories. The agency will adjust its schedule for setting such fires for better smoke dispersal if necessary. Open burning fires otherwise exempt from the requirements of this division are still subject to the requirements and prohibitions of local jurisdictions and the State Fire Marshall. (4) Agricultural open burning pursuant to ORS 468A.020. Agricultural open burning is still subject to the requirements and prohibitions of local jurisdictions and the State Fire Marshal. (5) Open field burning, propane flaming, and stack and pile burning in the Willamette Valley between the crests of the Cascade and Coast Ranges pursuant to OAR 340 division 266, Rules for Field Burning. (6) Slash burning on forest land or within one-eighth mile of forest land permitted under the Oregon Smoke Management Program regulated by the Department of Forestry pursuant to ORS 477.515. (7) Fires set pursuant to permit for the purpose of instruction of employees of private industrial concerns in methods of firefighting, or for civil defense instruction. (8) Fires set for the purpose of disposal of dry tumbleweed plants, typically Russian Thistle and Tumbleweed Mustard plants, that have been broken off, and rolled about, by the wind. (9) Agricultural burning for disease or pest control when the fire is set or authorized in writing by the Department of Agriculture. (10) When caused by an authorized representative of the Department of Agriculture, open burning of carcasses of animals that have died or been destroyed because of an animal disease emergency. 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, 468A.025, 468A.575 & 468A.595 Statutes/Other Implemented: ORS 468A.025, 468A.555 - 468A.620, 477.515 & 477.520 History: DEQ 181-2018, minor correction filed 04/16/2018, effective 04/16/2018 DEQ 7-2015, f. & cert. ef. 4-16-15 DEQ 10-2012, f. & cert. ef. 12-11-12 DEQ 12-2008, f. & cert. ef. 9-17-08 DEQ 21-2000, f. & cert. ef. 12-15-00 DEQ 14-1999, f. & cert. ef. 10-14-99, Renumbered from 340-023-0035 DEQ 4-1993, f. & cert. ef. 3-10-93 DEQ 6-1992, f. & cert. ef. 3-11-92 DEQ 10-1984, f. 5-29-84, ef. 6-16-84 DEQ 27-1981, f. & ef. 9-8-81 DEQ 23-1979, f. & ef. 7-5-79 DEQ 123, f. & ef. 10-20-76