justicedao/ipfs_state_laws huggingface dataset:
340-255-0050 Application Requirements To apply for funding under this division, a person (as defined in OAR 340-200-0020, including individuals, corporations and government entities) or one of Oregon’s federally recognized tribes must submit a completed grant application form provided by DEQ and submit it to DEQ prior to a grant funding deadline announced by DEQ. Such an applicant must: (1) Own equipment that is eligible for a grant under OAR 340-255-0030 that is based in Oregon and currently operating in Oregon or apply on behalf of the owner with their express written permission; (2) Provide proof of ownership of such equipment and proof that such equipment has been operating in Oregon for the previous three years; (3) Provide proof of annual equipment usage that meets the requirements under OAR 340-255-0030, as applicable; (4) Propose a qualifying retrofit, repower or replacement project that reduces diesel emissions and that is eligible for grant funding under OAR 340-255-0030; (5) Provide proof of solicitation of at least three competitive bids for project expenses as well as low-cost or best-value rationale for selected bid. If an applicant cannot solicit three competitive bids for project expenses DEQ will provide the following waiver process: (a) DEQ will make a waiver-request form available to applicants that are unable to solicit at least three competitive bids. DEQ will grant waivers of the three competitive bid requirement at its sole discretion, based on DEQ’s assessment of whether the costs are reasonable and generally consistent with prices for similar work from other applications and previously funded projects; and (b) DEQ reserves the right to deny applications if the quoted project costs exceed the average prices for similar work from other applications and previously funded projects. DEQ also reserves the right to contact bid providers to clarify project and associated costs; (6) Describe and provide appropriate documentation to demonstrate that the proposed project meets one or more of the preferred project categories described in OAR 340-255-0060(2); (7) Provide supplemental application information such as letters of support, photos, route maps and documentation of areas of operation to satisfy the requirements of sections (2) through (6), above; (8) If applicable, provide any additional information necessary to satisfy the requirements of the DERA grant program; and (9) Provide any additional information and documentation as determined necessary and requested by DEQ to evaluate an application. Statutory/Other Authority: ORS 468A.805 Statutes/Other Implemented: ORS 468A.805 History: DEQ 2-2021, adopt filed 01/21/2021, effective 01/21/2021
340-255-0060 Application review process (1) DEQ will review applications and supporting materials, will determine which applications are for projects that are eligible for funding under this division, and will determine which applications to approve for grant funding, at DEQ’s discretion, based on DEQ’s determination of the projects that will best achieve the emission reduction and other goals of this program. (2) Among proposed projects that are eligible for funding, DEQ will give preference to projects that will: (a) Support compliance with ORS 803.591 or with contract specifications or preferences related to emissions standards for diesel engines established by a public body, as defined in ORS 174.109; (b) Be carried out by a grant applicant that is a disadvantaged business enterprise, a minority-owned business, a woman-owned business, a business that a service-disabled veteran owns or an emerging small business, as those terms are defined in ORS 200.005; (c) Involve the replacement, repower or retrofit of one or more motor vehicles or pieces of equipment that have at least three years of remaining useful life at the time that the grant agreement is executed; (d) Support the utilization of fuels for which regulated parties may generate credits under the clean fuels program under OAR chapter 340, division 253; (e) Benefit owners and operators of heavy-duty trucks, if the fleet of the owner or operator includes only one heavy-duty truck and the heavy-duty truck is registered in Multnomah, Clackamas or Washington County; (f) Benefit small fleets; (g) Involve the retrofit of concrete mixer trucks or trucks that are used for the transportation of aggregate; (h) Reduce diesel emissions in Oregon with the most cost effective projects; and (i) Reduce diesel emissions in areas of the state with the highest diesel emissions, highest vulnerable populations, and the highest population density. Statutory/Other Authority: ORS 468A.805 Statutes/Other Implemented: ORS 468A.805 History: DEQ 2-2021, adopt filed 01/21/2021, effective 01/21/2021
340-255-0070 Grant Application Schedules and Grant Awards (1) DEQ may reduce the maximum eligible amount of grant awards at any time at DEQ’s discretion based on availability of funding. DEQ intends to award the maximum eligible amount of grant awards, unless it has announced before a grant application deadline that it may award grants at a lower level. (2) DEQ will announce annual schedules to submit applications for grants beginning in 2021 and ending when all funds available to Oregon under the Environmental Mitigation Trust Agreement have been spent. (a) Annual grant application schedules will be announced in the first quarter of each applicable calendar year. (b) Application schedules will allow for grant applications to be submitted, reviewed and awarded up to four times per year, as determined by DEQ, to achieve the spending goals under section (3). (c) DEQ will notify applicants of funding decisions based on annual schedules and will publish notification of grant awards as required by the Environmental Mitigation Trust Agreement. (3) DEQ will announce annual Diesel Emissions Mitigation Grant Program funding availability to make approximately 1/5 of Oregon’s allocated share of funds available, under the Environmental Mitigation Trust Agreement, for diesel emission reduction grants per year for at least five years beginning in 2021. Funds that are not reserved for authorized administrative expenses, used as authorized to satisfy Oregon’s non-federal match under the DERA grant program, or allocated to grants under this division will be made available for additional diesel emission reduction grants under this division. (4) DEQ will conduct a review of the Diesel Emission Mitigation Grant Program two years after implementation. The review will include an assessment of emissions reductions, program investments addressing diesel equipment, potential adjustments to improve performance, and will provide an opportunity for community involvement. (5) DEQ will allocate all available grant funds under this division towards eligible mitigation actions and eligible mitigation action administrative expenditures. Statutory/Other Authority: ORS 468A.805 Statutes/Other Implemented: ORS 468A.805 History: DEQ 2-2021, adopt filed 01/21/2021, effective 01/21/2021
340-256-0100 Visible Emissions: General Requirements, Exclusions (1) A person may not operate, drive, or cause or permit to be driven or operated any motor vehicle upon public roads that emits into the atmosphere any visible emission. (2) Excluded from this rule are those motor vehicles: (a) Powered by diesel cycle engines; (b) Granted a variance by written order of DEQ under ORS 468A.075. (3) A person may not operate, drive, or cause or permit to be driven or operated any motor vehicle upon public roads if any element of the factory-installed motor vehicle pollution control system has been modified or altered in such a manner that decreases its efficiency or effectiveness in controlling air pollution in violation of ORS 815.305, except as noted in ORS 815.305(2). [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 & 815 Statutes/Other Implemented: ORS 468A.360 History: DEQ 21-2020, amend filed 11/19/2020, effective 11/19/2020 DEQ 7-2005, f. & cert. ef. 7-12-05 DEQ 14-1999, f. & cert. ef. 10-14-99, Renumbered from 340-024-0010 DEQ 4-1993, f. & cert. ef. 3-10-93 DEQ 8, f. 4-7-70, ef. 5-11-70
340-256-0110 Visible Emissions: Special Requirements for Excluded Motor Vehicles A person may not operate, drive, or cause or permit to be driven or operated upon a public street or highway, any motor vehicle excluded from OAR 340-256-0100 that: (1) When operated at an elevation of 3,000 feet or less, emits visible emissions into the atmosphere: (a) Of an opacity greater than 10 percent; or (b) Of an opacity 40 percent or greater for a period exceeding seven consecutive seconds. (2) When operated at an elevation over 3,000 feet, emits visible emissions into the atmosphere: (a) Of an opacity greater than 20 percent; or (b) Of an opacity of 60 percent or greater for a period exceeding seven consecutive seconds. Statutory/Other Authority: ORS 468 & 468A 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 340-024-0015 DEQ 8, f. 4-7-70, ef. 5-11-70
340-256-0130 Visible Emissions: Motor Vehicle Fleet Operation (1) Motor vehicle fleet operation records pertaining to observations, tests, maintenance, and repairs performed to control or reduce visible emissions from individual motor vehicles must be available for DEQ review and inspection. (2) DEQ, by written notice, may require any motor vehicle of a motor vehicle fleet operation to be tested for compliance with OAR 340-256-0100 and 340-256-0110. (3) A regional authority, within its territory, may perform the functions of DEQ as set forth in sections (1) and (2) of this rule, upon written directive of DEQ permitting such action. [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.360 History: DEQ 21-2020, amend filed 11/19/2020, effective 11/19/2020 DEQ 7-2005, f. & cert. ef. 7-12-05 DEQ 14-1999, f. & cert. ef. 10-14-99, Renumbered from 340-024-0025 DEQ 8, f. 4-7-70, ef. 5-11-70
340-256-0140 Visible Emissions: Dealer Compliance A dealer may not sell, exchange or lease, or offer for sale, exchange, or lease, any motor vehicle that operates in violation of OAR 340-256-0100 or 340-256-0110, except as permitted by federal regulations published in the Code of Federal Regulations, 40 C.F.R. Parts 85 and 86. Statutory/Other Authority: ORS 468 & 468A 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 340-024-0030 DEQ 8, f. 4-7-70, ef. 5-11-70
340-256-0150 Visible Emissions: Opacity Method of Measurement Only a trained person may make the opacity observation for purposes of OAR 340-256-0100 through 340-256-0140. A trained person may use a Ringelmann Smoke Chart or DEQ approved opacity equipment to measure emission opacity. [NOTE: Publications referenced are available from the agency.] Statutory/Other Authority: ORS 468 & 468A Statutes/Other Implemented: ORS 468A.360 History: DEQ 21-2020, amend filed 11/19/2020, effective 11/19/2020 DEQ 191-2018, minor correction filed 07/18/2018, effective 07/18/2018 DEQ 14-1999, f. & cert. ef. 10-14-99, Renumbered from 340-024-0035 DEQ 4-1993, f. & cert. ef. 3-10-93 DEQ 8, f. 4-7-70, ef. 5-11-70
340-256-0160 Visible Emissions: Alternative Methods of Measuring Visible Emissions (1) DEQ may, but is not required to, permit the use of alternative methods of measurement to determine compliance with the visible emissions standards in OAR 340-256-0100 and 340-256-0110 if DEQ determines that such alternative methods are demonstrated to be reproducible, selective, sensitive, accurate and applicable to a specific program. If DEQ permits the use of an alternative method of measurement, DEQ shall do so in writing in response to a request under section (2) of this rule. (2) Any person desiring to utilize alternative methods of measurement must submit a request to use alternative methods of measurement to DEQ. A request must include such specifications and test data as DEQ may require, together with a detailed specific program for utilizing the alternative methods, sufficient to show that the alternative methods are reproducible, selective, sensitive, accurate, and applicable to a specific program. DEQ may require any additional documentation that it deems necessary. (3) A person may not undertake a program using an alternative method of measurement without having obtained prior written approval of DEQ. Statutory/Other Authority: ORS 468 & 468A 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 340-024-0040 DEQ 8, f. 4-7-70, ef. 5-11-70
340-256-0200 Certification of Pollution Control Systems: County Designations Clackamas, Columbia, Jackson, Marion, Multnomah, Washington and Yamhill counties are hereby designated by the Environmental Quality Commission as counties in which all motor vehicles registered therein, unless otherwise exempted by statute or by rules subsequently adopted by the Commission, must be equipped with a motor vehicle pollution control system and must comply with motor vehicle emission standards adopted by the Commission. [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.390 & ORS 468A.360 Statutes/Other Implemented: ORS 468A.390 History: DEQ 21-2020, amend filed 11/19/2020, effective 11/19/2020 DEQ 14-1999, f. & cert. ef. 10-14-99, Renumbered from 340-024-0100 DEQ 25-1996, f. & cert. ef. 11-26-96 DEQ 4-1993, f. & cert. ef. 3-10-93 DEQ 62, f. 12-5-73, ef. 12-25-73 DEQ 51, f. 3-20-73, ef. 4-1-73
340-256-0210 Certification of Pollution Control Systems: Criteria for Certification of Motor Vehicle Pollution Control Systems This rule documents the criteria for certification of motor vehicle pollution control systems. A motor vehicle pollution control system may be certified unless: (1) A motor vehicle pollution control system has equipment not designed for installation on a motor vehicle for the purpose of reducing the pollutants emitted from the vehicle. (2) A motor vehicle pollution control system needs modifications, other than adjustments, to the original design of the motor vehicle. (3) A person has replaced the motor vehicle engine and the resulting vehicle chassis is not identical (including all emission related parts, engine design parameters, and engine calibrations) to a certified configuration of the same or newer model year, except for: (a) Conversions to compressed natural gas or liquefied petroleum gasoline (LPG); (b) A complete engine or engine conversion kit granted an Executive Order by the California Air Resources Board that DEQ deems to meet the standards of this Division; (c) A complete powertrain on the U.S. Environmental Protection Agency’s "Certified to EPA Standards" list, when the powertrain is used in its entirety and without modification, that DEQ deems to meet the standards of this Division; (d) A foreign-built replacement engine that has a configuration certified by the U.S. Environmental Protection Agency or the California Air Resources Board that DEQ deems to meet the standards of this Division. Statutory/Other Authority: ORS 468 & 468A Statutes/Other Implemented: ORS 468A.365 History: DEQ 21-2020, amend filed 11/19/2020, effective 11/19/2020 DEQ 14-1999, f. & cert. ef. 10-14-99, Renumbered from 340-024-0200 DEQ 4-1993, f. & cert. ef. 3-10-93 DEQ 66, f. 2-5-74, ef. 2-25-74
340-256-0220 Compliance With Oregon Low Emission Vehicle Program Model years 2009 and newer vehicles that have 7,500 or fewer miles must meet the requirements of Chapter 340, Division 257 to qualify for a Certificate of Compliance. Statutory/Other Authority: ORS 468.020, 468A.010, 468A.015, 468A.025, 468A.360 & 468A.380 Statutes/Other Implemented: ORS 468.020 & 468A.365 History: DEQ 21-2020, amend filed 11/19/2020, effective 11/19/2020 DEQ 6-2006, f. & cert. ef. 6-29-06
340-256-0320 Emission Control System Inspection: Motor Vehicle Inspection Program Fee Schedule This rule sets out the fee schedule for Certificates of Compliance and licenses issued by DEQ’s Vehicle Inspection Program: (1) The cost of each Certificate of Compliance issued by DEQ, including those issued at emissions test stations and those issued through the Clean-Screen and Self-Service Testing procedures, is: (a) In the Portland Vehicle Inspection Area, a maximum of $25; or (b) In the Medford-Ashland AQMA, a maximum of $15 until June 30, 2021; and then a maximum of $20. (2) The cost of each Certificate of Compliance issued by a Private Business Fleet or Public Agency Fleet is: (a) In the Portland Vehicle Inspection Area, a maximum of $10; and (b) In the Medford-Ashland AQMA, a maximum of $5. (3) The cost of each License issued to a Private Business Fleet or Public Agency Fleet is: (a) Initial $5; (b) Annual renewal $1. (4) The cost of each License issued to a Private Business Fleet or Public Agency Fleet Vehicle Emission Inspector is: (a) Initial $5; (b) Annual renewal $1. (5) The cost of each License issued for a Gas Analytical System is: (a) Initial $5; (b) Annual renewal $1. (6) The cost of each Certificate of Compliance issued on-site to an automobile dealership is a maximum of $30. Statutory/Other Authority: ORS 468A.400 Statutes/Other Implemented: ORS 468A.400 History: DEQ 21-2020, amend filed 11/19/2020, effective 11/19/2020 DEQ 13-2020, temporary amend filed 05/07/2020, effective 06/01/2020 through 11/27/2020 DEQ 14-2003, f. & cert. ef. 10-24-03 DEQ 11-2001, f. & cert. ef. 10-4-01 DEQ 14-1999, f. & cert. ef. 10-14-99, Renumbered from 340-024-0307 DEQ 25-1996, f. & cert. ef. 11-26-96 DEQ 4-1993, f. & cert. ef. 3-10-93 DEQ 3-1992, f. & cert. ef. 2-4-92 DEQ 20-1981, f. 7-28-81, ef. 8-1-81
340-256-0330 Emission Control System Inspection: Department of Defense Personnel Participating in the Privately Owned Vehicle Import Control Program This rule documents DEQ’s considerations regarding motor vehicle pollution control system requirements for Department of Defense personnel participating in the Privately Owned Vehicle Import Control Program. (1) U.S. Department of Defense (DOD) personnel participating in the DOD Privately Owned Vehicle (POV) Import Control Program operating a 1975 or newer model year vehicle, may temporarily remove catalytic converter systems, or, if applicable, exhaust gas oxygen (O2) sensor(s), if one of the following conditions is met: (a) The vehicle will be driven to the port and surrendered for export under the above program within ten working days of disconnection, deactivation, or inoperability of the catalytic converter system or exhaust gas oxygen (O2) sensor(s); or (b) The catalytic converter systems and exhaust gas oxygen (O2) sensor(s) are reconnected, reactivated or made operable within 10 working days from the time the owner picked up the vehicle at the port. (2) Persons may disconnect, deactivate or render inoperable any catalytic converter system or exhaust gas oxygen (O2) sensor(s) on 1975 or newer model year vehicle of DOD personnel participating in the DOD POV Import Control Program which will be driven to the port and surrendered for exportation under said program within ten working days. (3) Unless otherwise exempt under this Division, vehicles must be configured as a vehicle certified by the EPA for sale and use within the United States under 40 C.F.R., part 86, subpart A. (4) Documentation must be kept with the vehicle at all times while the vehicle is operated in the United States which provides sufficient information to demonstrate compliance with all appropriate qualifications and conditions of this exemption, including the following: (a) The unique VIN of the vehicle; (b) The agency or organization that employs the owner of the vehicle; (c) The country to which the owner of the subject vehicle is transferring; (d) The date(s) when applicable alterations were performed on the vehicle; (e) The date when the vehicle is scheduled to be delivered to the appropriate port for shipment out of the United States; and (f) The date when the subject vehicle is picked up from the port of importation upon returning to the United States. [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.400 History: DEQ 21-2020, amend filed 11/19/2020, effective 11/19/2020 DEQ 14-1999, f. & cert. ef. 10-14-99, Renumbered from 340-024-0308 DEQ 25-1996, f. & cert. ef. 11-26-96
340-256-0356 Emission Control System Inspection: Emissions Control Test Method for On-Site Vehicle Testing for Automobile Dealerships This rule documents the on-site motor vehicle emissions test method for automobile dealerships. The on-site vehicle test will be performed in accordance with OAR 340-256-0355. The test will be performed by DEQ using DEQ testing equipment and conducted at the dealership location. The test program applies to manufacturer franchise automobile dealerships. Dealerships may use either on-site testing or the centralized DEQ test stations, or DEQ authorized OBD devices. [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(1)(c) Statutes/Other Implemented: ORS 468A.365 History: DEQ 21-2020, amend filed 11/19/2020, effective 11/19/2020 DEQ 11-2001, f. & cert. ef. 10-4-01
340-256-0357 Emission Control System Inspection: Emissions Control Test Method for Clean-Screening Program This rule documents the Clean-Screening test method. (1) DEQ may evaluate emissions of vehicles on the roadway using an optical attenuation method of observing actual pollutant emissions, remotely received electronic broadcasts of the vehicles’ emissions diagnostic data, or other means approved under section (5) of this rule. (2) A vehicle that meets DEQ’s emissions standards for on-road testing within a time period not to exceed one year from its required registration date will be issued a Certificate of Compliance without being required to pass the emissions inspection station test otherwise required. (3) Before implementing Clean-Screening under this rule, DEQ must conduct a rulemaking to establish processes, policies, and procedures, including: (a) The test technique for On-Road Clean-Screening; (b) The valid test period of On-Road Clean-Screening; (c) Procedures for identifying an on-road vehicle; (d) Procedures for protecting the test process from vandalism and cheating; and (e) Testing standards for Clean-Screening. (4) If DEQ uses the optical attenuation method for Clean-Screening, 1975 and newer model year vehicles are eligible for Clean-Screening. If DEQ uses broadcast data from vehicles’ ODB systems for Clean-Screening, 1996 and newer model year vehicles are eligible for Clean-Screening. (5) If DEQ develops and implements additional test methods for use in the Clean-Screening 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: ORS 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