340-257-0070 Fleet Average Non-Methane Organic Gas (NMOG) Exhaust Emission Requirements, Reporting, and Compliance. (1) Fleet average requirement. (a) Effective model year 2009 through 2014, except as provided in this subsection, each motor vehicle manufacturer's NMOG fleet average emissions from passenger cars, light-duty trucks and medium-duty vehicles delivered for sale in Oregon must not exceed the fleet average NMOG Exhaust Emission Requirement set forth in CCR, Title 13, section 1961(b). For the 2014 model year only, a manufacturer may comply with the fleet average NMOG + NOx values in subsection (b) of this section in lieu of complying with the NMOG fleet average emissions in this subsection. A manufacturer must either comply with the NMOG + NOx fleet average requirements for both its PC/LDT1 fleet and its LDT2/MDPV fleet or comply with the NMOG fleet average requirements for both its PC/LDT1 fleet and its LDT2/MDPV fleet. A manufacturer must calculate its fleet average NMOG + NOx values using the applicable full useful life standards. Compliance will be based on the number of vehicles subject to this regulation, delivered for sale in Oregon. (b) Effective model year 2015 through 2025, each motor vehicle manufacturer’s NMOG + NOx fleet average emissions from passenger cars, light duty trucks and medium duty vehicles delivered for sale to Oregon must not exceed the Fleet Average NMOG + NOx Exhaust Emission Requirement set forth in CCR, Title 13, section 1961.2. Compliance will be based on the number of vehicles subject to this regulation, delivered for sale in Oregon. (c) Effective model year 2026 and in subsequent model years, each motor vehicle manufacturer’s NMOG + NOx fleet average emissions from passenger cars, light duty trucks and medium duty vehicles delivered for sale to Oregon must not exceed the Fleet Average NMOG + NOx Exhaust Emission Requirement set forth in CCR, Title 13, section 1961.4. Compliance will be based on the number of vehicles subject to this regulation, delivered for sale in Oregon, unless the motor vehicle manufacturer chooses for compliance to be based on the cumulative number of vehicles that are certified to the exhaust standards in CCR, Title 13, section 1961.4(d) or (e), as applicable, that are produced and delivered for sale in Oregon, California and any other states or the District of Columbia that have adopted California’s standards set forth in CCR, Title 13, section 1961.4 for that model year pursuant to section 177 of the federal Clean Air Act (42 U.S.C. § 7507). (2) Fleet average NMOG and NMOG plus NOx exhaust emission credits and debits for passenger cars, light-duty trucks and medium-duty vehicles. (a) Effective model year 2009 through 2014, except as provided in this subsection each vehicle manufacturer may accrue NMOG emission credits and debits and use credits in accordance with the procedures in California Code of Regulations, Title 13, section 1961(b). For the 2014 model year only, a manufacturer may comply with the fleet average NMOG + NOx values in subsection (b) of this section in lieu of complying with the NMOG fleet average emissions in this subsection. A manufacturer must either comply with the NMOG + NOx fleet average requirements for both its PC/LDT1 fleet and its LDT2/MDPV fleet or comply with the NMOG fleet average requirements for both its PC/LDT1 fleet and its LDT2/MDPV fleet. A manufacturer must calculate its fleet average NMOG + NOx values using the applicable full useful life standards. . Debits and credits accrued and used will be based on the number of vehicles subject to this division, produced and delivered for sale by each manufacturer in Oregon. (b) Effective model year 2015 through 2025, each vehicle manufacturer may accrue NMOG + NOx emission credits and debits and use credits in accordance with the procedures in California Code of Regulations, Title 13, section 1961.2. Debits and credits accrued and used will be based on the number of vehicles subject to this division, produced and delivered for sale by each manufacturer in Oregon. (c) Effective model year 2026 and in each subsequent year, each vehicle manufacturer may accrue NMOG + NOx emission credits and debits and use credits in accordance with the procedures in California Code of Regulations, Title 13, section 1961.4. Debits and credits accrued and used will be based on the number of vehicles subject to this division, produced and delivered for sale by each manufacturer in Oregon, unless the motor vehicle manufacturer chooses for compliance to be based on the cumulative number of vehicles that are certified to the exhaust standards in CCR, Title 13, section 1961.4(d) or (e), as applicable, that are produced and delivered for sale in Oregon, California and any other states or the District of Columbia that have adopted California’s standards set forth in CCR, Title 13, section 1961.4 for that model year pursuant to section 177 of the federal Clean Air Act (42 U.S.C. § 7507). Violations of failing to equalize NMOG + NOx debits within three model years will be determined on a per vehicle basis which is calculated by dividing the total amount of g/mi NMOG + NOx emission debits for the model year by the g/mi NMOG + NOx fleet average requirement for the model year in which the debits were first incurred. (3) Reporting. (a) Effective model year 2009 through model year 2014 except as provided in this subsection, each manufacturer must report to DEQ by March 1 data that calculates the fleet average NMOG exhaust emissions for the model year just ended. The report must follow the procedures in CCR, Title 13, section 1961, and be in the same format used to report such information to the California Air Resources Board. Manufacturers that elect to comply with the NMOG + NOx fleet average emission limit for 2014 must report as provided in subsection (b) of this section. (b) Effective model year 2015 through model year 2025, each manufacturer must report to DEQ by March 1 data that calculates the fleet average NMOG + NOx exhaust emissions for the model year just ended. The report must follow the procedures in CCR, Title 13, section 1961.2 and be in the same format used to report such information to the California Air Resources Board. (c) Effective model year 2026 and in each subsequent model year, each manufacturer must report to DEQ by March 1 data that calculates the fleet average NMOG + NOx exhaust emissions for the model year just ended. The report must follow the procedures in CCR, Title 13, section 1961.4 and be in the same format used to report such information to the California Air Resources Board. (d) Unless identified and documented as a trade secret or otherwise confidential under OAR 340-214-0130, records in DEQ’s possession for the vehicles subject to the requirements of the California regulations adopted by reference in this division, including without limitation CCR, Title 13, section 1961.4, are subject to disclosure as public records. Such records subject to disclosure include, without limitation: (A) Each manufacturer's annual production data and the corresponding calculated NMOG+NOx fleet average; and (B) Each manufacturer's annual NMOG+NOx fleet average credit or debit balances for each model year. (4) Compliance with fleet average NMOG requirement. Effective model year 2012 through 2014, if a report submitted by the manufacturer under subsection (3)(a) of this rule demonstrates that the manufacturer is not in compliance with the fleet average emission standard, the manufacturer must submit to DEQ within 60 days a Fleet Average Remediation Report. The Fleet Average Remediation Report must: (a) Describe how the manufacturer intends to equalize any accrued debits, as required in CCR, Title 13, section 1961(c)(3); (b) Identify all vehicle models delivered for sale in Oregon, their corresponding certification standards, and the percentage of each model delivered for sale in Oregon and California in relation to total fleet sales in the respective state; and (c) Describe how the manufacturer plans to achieve compliance with the fleet average in future model years. (5) Compliance with fleet average NMOG plus NOx requirement. Effective model year 2015 through 2025, if a report submitted by the manufacturer under subsection (3)(b) of this rule demonstrates that the manufacturer is not in compliance with the fleet average emission standard, the manufacturer must submit to DEQ within 60 days a Fleet Average Remediation Report. The Fleet Average Remediation Report must: (a) Describe how the manufacturer intends to equalize any accrued debits, as required in CCR, Title 13, section 1961.2(c)(3); (b) Identify all vehicle models delivered for sale in Oregon, their corresponding certification standards, and the percentage of each model delivered for sale in Oregon and California in relation to total fleet sales in the respective state; and (c) Describe how the manufacturer plans to achieve compliance with the fleet average in future model years. (6) Compliance with fleet average NMOG plus NOx requirement. Effective model year 2026 and in each subsequent model year, if a report submitted by the manufacturer under subsection (3)(c) of this rule demonstrates that the manufacturer is not in compliance with the fleet average emission standard, the manufacturer must submit to DEQ within 60 days a Fleet Average Remediation Report. The Fleet Average Remediation Report must: (a) Describe how the manufacturer intends to equalize any accrued debits, as required in CCR, Title 13, section 1961.4; (b) Identify all vehicle models delivered for sale in Oregon, their corresponding certification standards, and the percentage of each model delivered for sale in Oregon and California in relation to total fleet sales in the respective state; and (c) Describe how the manufacturer plans to achieve compliance with the fleet average in future model years. (7) For model years 2009 through 2011, manufacturers must submit the Fleet Average Remediation Report, if needed, to DEQ by March 1, 2012. If debits are accrued in all three years, one year of debits must be equalized by the end of the 2012 model year. [Publications: Publications referenced are available from the agency.] Statutory/Other Authority: ORS 468.020, 468A.025 & 468A.360 Statutes/Other Implemented: ORS 468.010, 468A.015, 468A.025 & 468A.360 History: DEQ 23-2022, amend filed 12/19/2022, effective 12/19/2022 DEQ 13-2013, f. & cert. ef. 12-19-13 DEQ 6-2011, f. & cert. ef. 4-29-11 DEQ 6-2006, f. & cert. ef. 6-29-06 DEQ 10-2005(Temp), f. 12-27-05, cert. ef. 1-1-06 thru 6-30-06