reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 269 - DIESEL EMISSIONS IDENTIFICATION PROGRAM › Section 340-269-0110 - Registration

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A person that
			 wishes to voluntarily participate in this program must successfully complete a
			 registration process to be considered active in the program, which requires:
(a) Completing and submitting either a DEQ
			 supplied registration form or another form that may be used for registration
			 with the program as provided in section (2) of this rule.
(b) Providing detailed documentation of the
			 emissions profile of each nonroad diesel engine to be registered with the
			 program, in addition to detailed documentation for the engine profile for
			 onroad concrete mixer trucks and dump trucks. Such documentation must include,
			 without limitation, a photo of the manufacturer's engine label.
(c) Providing a sworn statement that
			 information submitted to the program is true and correct, to the signer's
			 knowledge and information, signed and submitted by the owner or operator of the
			 equipment and/or vehicles, along with any documentation or information DEQ may
			 require to support the sworn statement.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 269 - DIESEL EMISSIONS IDENTIFICATION PROGRAM › Section 340-269-0120 - Demonstration Approval

Current through Register Vol. 63, No. 7, July 1, 2024
Emissions Profile. DEQ will review each application and
				determine whether the applicant has provided sufficient information to document
				the emissions profile of each nonroad diesel engine, in addition to the engine
				profile for each concrete mixer truck and dump truck proposed to be registered.
				If DEQ determines the information is not sufficient, DEQ will notify the
				applicant and identify the additional information needed for DEQ to approve the
				application for each nonroad and onroad diesel engine to receive an
				ECL.
Statutory/Other Authority: ORS
				  468.020, ORS
				  468.035 & 468A.813
Statutes/Other Implemented: ORS
				  468.035 &
				  468A.813
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 269 - DIESEL EMISSIONS IDENTIFICATION PROGRAM › Section 340-269-0130 - Labeling

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Issuance. Upon
			 successful demonstration of the emissions profile of a piece of equipment
			 and/or the engine profile for each vehicle as described in OAR 340-269-0120,
			 DEQ will issue the emission control label(s) to the voluntary
			 participant.
(2) Placement. Any
			 ECL(s) received for any piece of equipment and/or each vehicle must be affixed
			 to the equipment or vehicle within 30 days of issuance.
(a) Prominence. Each ECL must be affixed
			 prominently on the outside of the equipment or vehicle approved by DEQ for
			 labeling. For initial issuance, two ECLs will be provided for each piece of
			 equipment and must be affixed on opposing sides of the equipment. ECLs must be
			 maintained in such a way that at least one ECL is easily, clearly, and entirely
			 visible while the equipment is in use or on a construction site. DEQ will issue
			 one or more replacement ECLs upon request, if the voluntary participant has
			 documented that it needs such replacement ECLs in order to comply with this
			 subsection.
(b) Permanence. Once an
			 ECL has been issued for a piece of equipment or vehicle, it must be placed on
			 the equipment or vehicle for the duration of participation in the program, and
			 it will not be removed until and unless the voluntary participant has complied
			 with OAR 340-269-0150(1).
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 269 - DIESEL EMISSIONS IDENTIFICATION PROGRAM › Section 340-269-0140 - Reporting

Current through Register Vol. 63, No. 7, July 1, 2024
Quarterly Reports. Active participants must submit quarterly
				reports to DEQ that provide updates on the equipment and changes made to the
				fleet to maintain an active registration in the program.
(1) If there are no updates to report, then
			 the active participant may submit a sworn statement, on a form provided by DEQ,
			 confirming that there is no pertinent information to update since the last
			 report. An active participant may make this "no pertinent information"
			 statement for no more than three consecutive quarters.
(2) DEQ may accept quarterly report
			 submittals, or their equivalent, in accordance with OAR
			 340-269-0110(2).
Statutory/Other Authority: ORS
				  468.020, ORS
				  468.035 & 468A.813
Statutes/Other Implemented: ORS
				  468.035 &
				  468A.813
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 269 - DIESEL EMISSIONS IDENTIFICATION PROGRAM › Section 340-269-0150 - Deactivation

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Notifications.
			 DEQ may deactivate an active participant's participation in the program and
			 place the person in a suspended status if it is determined that there is
			 noncompliance with any portion of this rule. DEQ will notify the active
			 participant of this determination in writing and will explain the reason for
			 DEQ's decision to deactivate. The person's status will become inactive 60 days
			 after DEQ provides such notice.
(a) An active
			 participant must notify DEQ as soon as they are aware that any registered piece
			 of equipment or any registered vehicle no longer has a legible or scannable
			 ECL, including ECLs that no longer adhere to the equipment or that are missing
			 or damaged. If an active participant fails to provide such notification, then
			 DEQ may deactivate the person's participation if there is not a legible or
			 scannable ECL on registered equipment or vehicles.
(b) An active participant may request to have
			 their participation deactivated and to be placed in an inactive status with the
			 program. This request must be made in writing or using a DEQ issued form and
			 signed by a verified owner or operator of the active participant.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 270 - ZERO-EMISSION AND ELECTRIC VEHICLE REBATES › Section 340-270-0010 - Overview

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Purpose. The
			 purpose of this division is to establish a rebate program and eligibility
			 requirements for the purchase or lease of new or used zero-emission vehicles in
			 Oregon.
(2) Background. The 2017
			 Oregon Legislature adopted House Bill 2017 that authorizes DEQ to establish a
			 rebate program for zero-emission vehicles. The 2018 Oregon Legislature adopted
			 House Bill 4059, which clarified and removed existing requirements. The 2019
			 Oregon Legislature adopted House Bill 2592, which clarified and removed
			 existing requirements. The 2021 Oregon Legislature adopted House Bill 2165,
			 2021 Oregon Laws chapter 95, which changed existing requirements. OAR division
			 270 of chapter 340 implements those laws.
(3) Administration. DEQ administers this
			 division in all areas in the state of Oregon, including the areas of the state
			 subject to the jurisdiction of the Lane County Regional Air Protection
			 Agency.
Statutory/Other Authority: ORS
				  468.020, 2017
				  Or. Law Ch. 750 Sec. 148-157, House Bill 4059 (2018), Sec. 18-21 & House
				  Bill 2592 (2019), Sec. 35-37
Statutes/Other Implemented: 2017 Or. Law Ch. 750 Sec.
				  148-157, House Bill 4059 (2018), Sec. 18-21, House Bill 2592 (2019), Sec. 35-37
				  & 2021 Or. Laws, Ch. 95, §§ 4a, 5, 6, 8 and
				  9
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 270 - ZERO-EMISSION AND ELECTRIC VEHICLE REBATES › Section 340-270-0020 - Effective Dates

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The rebates
			 for eligible new light-duty zero-emission vehicles and eligible plug-in hybrid
			 electric vehicles took effect on January 1, 2018.
(2) The rebates for the Charge Ahead Program
			 took effect on January 1, 2018 for light duty zero emission vehicles. The
			 rebates for the Charge Ahead Program took effect on September 29, 2019 for
			 plug-in hybrid electric vehicles.
(3) The rebates for eligible neighborhood
			 electric vehicles and eligible zero-emission motorcycles took effect on January
			 1, 2019.
(4) The effective dates of
			 the program are contingent on appropriate funding.
Statutory/Other Authority: 2017 Or. Law Ch. 750 Sec. 148-157,
				  ORS
				  468.020,
				  House Bill 4059 (2018), Sec. 18-21, House Bill 2592 (2019), Sec. 35-37 &
				  2021 Or. Laws, Ch. 95, §§ 4a, 5, 6, 8 and 9
Statutes/Other Implemented: 2017 Or. Law Ch. 750 Sec.
				  148-157, House Bill 4059 (2018), Sec. 18-21 & House Bill 2592 (2019), Sec.
				  35-37
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 270 - ZERO-EMISSION AND ELECTRIC VEHICLE REBATES › Section 340-270-0030 - Definitions and Abbreviations

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 "Area median income" means the median income for the metropolitan statistical
			 area in which a household is located or, if the household is not located within
			 a metropolitan statistical area, for the metropolitan statistical area in
			 closest proximity to the location of the household, as determined by the
			 Housing and Community Services Department, adjusted for household
			 size.
(2) "Base manufacturer's
			 suggested retail price" or "base MSRP" means the lowest retail prices suggested
			 by the manufacturer for a given model of a new motor vehicle. The base MSRP
			 does not include the price of optional accessories or equipment, destination
			 charges, or dealership add-ons. The base MSRP model must be available for sale
			 and purchase.
(3) "Charge Ahead
			 rebate" means a rebate for the purchase or lease of a new or used light-duty
			 zero-emission vehicle with an electrochemical storage capacity or a plug-in
			 hybrid electric vehicle issued through the Charge Ahead Program.
(4) "DEQ" is the Oregon Department of
			 Environmental Quality or a contractor selected by DEQ.
(5) "Eligible vehicle" means a motor vehicle
			 that:
(a) Qualifies as a:
(A) Light-duty zero-emission vehicle with an
			 electrochemical energy storage capacity;
(B) Plug-in hybrid electric
			 vehicle;
(C) Neighborhood electric
			 vehicle; or
(D) Zero-emission
			 motorcycle;
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 270 - ZERO-EMISSION AND ELECTRIC VEHICLE REBATES › Section 340-270-0100 - Vehicles Eligible for Zero-Emission Vehicle Standard Rebates

Current through Register Vol. 63, No. 7, July 1, 2024
To qualify for a standard rebate, a motor vehicle must qualify
				as an eligible vehicle, as defined in OAR 340-270-0030(5), and must have a
				purchase or lease date on or after effective date of the program for the type
				of vehicle, as established in OAR 340-270-0020.
Statutory/Other Authority: ORS
				  468.020, 2017
				  Or. Law Ch. 750 Sec. 148-157, House Bill 4059 (2018), Sec. 18-21 & House
				  Bill 2592 (2019), Sec. 35-37
Statutes/Other Implemented: 2017 Or. Law Ch. 750 Sec.
				  148-157, House Bill 4059 (2018), Sec. 18-21, House Bill 2592 (2019), Sec. 35-37
				  & 2021 Or. Laws, Ch. 95, §§ 4a, 5, 6, 8 and
				  9
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 270 - ZERO-EMISSION AND ELECTRIC VEHICLE REBATES › Section 340-270-0110 - Amount of Zero-Emission Vehicle Standard Rebates

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The amount of the rebate for eligible
			 light-duty zero-emission vehicles and plug-in hybrid electric vehicles with
			 electrochemical energy storage capacities of 10 kilowatt hours or more is
			 $2,500.
(2) The amount of the
			 rebate for eligible light-duty zero-emission vehicles and plug-in hybrid
			 electric vehicles with electrochemical energy storage capacities of less than
			 10 kilowatt hours is $1,500.
(3)
			 The amount of the rebate for eligible neighborhood electric vehicles is
			 $750.
(4) The amount of the rebate
			 for eligible zero-emission motorcycles is $750.
(5) DEQ will set the rebate amounts annually.
			 In doing so, if DEQ determines that the rebate amounts should be adjusted, DEQ
			 will engage in rulemaking to adjust the rebate amounts established
			 herein.
(6) In the event that the
			 allocated funds in the Zero Emission Incentive Fund reach less than $6 million
			 when accounting for any existing balance and anticipated funding for that year,
			 DEQ will evaluate the program's compliance with 340-270-0500. If DEQ forecasts
			 it will not meet the targets in 340-270-0500, it will initiate a temporary
			 rulemaking to decrease the Standard Rebate amount.
Statutory/Other Authority: ORS
				  468.020, 2017
				  Or. Law Ch. 750 Sec. 148-157, House Bill 4059 (2018), Sec. 18-21 & House
				  Bill 2592 (2019), Sec. 35-37
Statutes/Other Implemented: 2017 Or. Law Ch. 750 Sec.
				  148-157, House Bill 4059 (2018), Sec. 18-21, House Bill 2592 (2019), Sec. 35-37
				  & 2021 Or. Laws, Ch. 95, §§ 4a, 5, 6, 8 and
				  9
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 270 - ZERO-EMISSION AND ELECTRIC VEHICLE REBATES › Section 340-270-0120 - Requirements for Zero-Emission Vehicle Standard Rebates

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A person may only apply for a rebate if
			 the person:
(a) Owns or leases a vehicle that
			 meets the requirements established in OAR 340-270-0100;
(b) If leasing a vehicle, has a minimum lease
			 term of 24 months;
(c) Intends to
			 retain the registration of the eligible vehicle for a minimum of 24 consecutive
			 months after the purchase or lease date; and
(d) Is an Oregon resident.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 270 - ZERO-EMISSION AND ELECTRIC VEHICLE REBATES › Section 340-270-0200 - Application Review Process

Current through Register Vol. 63, No. 7, July 1, 2024
(1) DEQ
			 will process applications on a first-come, first-serve basis as received by
			 DEQ, except as provided in OAR 340-270-0200(2), or in circumstances where a
			 rebate recipient assigns a rebate to a vehicle dealer, or to an original
			 equipment manufacturer that does not have licensed franchised new automobile
			 dealers in Oregon.
(2) In the event
			 that funding for rebate payments from the Zero Emission Incentive Fund is
			 exhausted, DEQ will:
(a) Cease acceptance of
			 new applications at least 30 days prior to the anticipated exhaustion of funds.
			 Any purchases or leases made during the period DEQ ceases acceptance are not
			 eligible for the rebate. Only applicants with existing applications submitted
			 to DEQ at the time funds are exhausted will be eligible to receive payment;
			 and
(b) When program funds are
			 replenished DEQ will first process any applications that were submitted prior
			 to DEQ's cessation of acceptance of new applications but that were not issued a
			 rebate because funds were exhausted. Once DEQ resumes accepting new
			 applications, DEQ will prioritize processing of Charge Ahead Rebate
			 applications. DEQ will resume processing applications as stated in OAR
			 340-270-0200(1)  after 20 percent of program funding is distributed to Charge
			 Ahead applicants. If DEQ has not reached the 20 percent threshold 3 months
			 after DEQ resumes application processing, then DEQ will resume processing as
			 stated in OAR 340-270-0200(1).
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 270 - ZERO-EMISSION AND ELECTRIC VEHICLE REBATES › Section 340-270-0300 - Vehicle Ownership Provision

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 If a rebate recipient sells the eligible vehicle for which a rebate was
			 received, or terminates the eligible vehicle's lease, before the end of 24
			 months after the purchase or lease date, the rebate recipient must notify DEQ
			 and must reimburse DEQ in a prorated amount based on the number of months that
			 the rebate recipient owned or leased the vehicle.
(2) DEQ may waive the reimbursement
			 requirement if DEQ determines a waiver is appropriate given unforeseeable or
			 unavoidable or other appropriate circumstances that gave rise to a need for the
			 rebate recipient to sell the vehicle or terminate the lease before the end of
			 the 24-month period.
(3) To request
			 a waiver, a person must submit a written application for a waiver to DEQ after
			 the termination of the lease or sale of the vehicle that includes an
			 explanation of why the person believes the waiver is appropriate.
(4) DEQ will consider the following factors
			 in determining whether waiver is appropriate;
(a) the extent to which repayment would be
			 harsh under the circumstances;
(b)
			 the extent to which the rebate recipient appears to be inappropriately taking
			 advantage of the rebate program; or
(c) any other factors that DEQ considers
			 appropriate.
(d) DEQ generally
			 considers waiver appropriate in the following circumstances, unless the factors
			 weigh strongly against a waiver under the individual facts and circumstances:
			 military duty; death of the rebate recipient; and totaling of the eligible
			 vehicle. This is a non-exclusive list.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 270 - ZERO-EMISSION AND ELECTRIC VEHICLE REBATES › Section 340-270-0400 - Charge Ahead Program

Current through Register Vol. 63, No. 7, July 1, 2024
(1) OAR
			 340-270-0400  through -0430 establish the requirements for the Charge Ahead
			 Program.
(2) The Charge Ahead
			 Program will provide rebates only for the purchase or lease of new or used
			 vehicles that meet the requirements of OAR 340-270-0410  if the purchaser:
(a) For vehicles purchased or leased prior to
			 January 1, 2022, was from a low or moderate-income household during the year
			 the vehicle was purchased or leased; or
(b) For vehicles purchased or leased on or
			 after January 1, 2022, is from a qualifying household or is a low-income
			 service provider during the year the vehicle was purchased or leased.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 270 - ZERO-EMISSION AND ELECTRIC VEHICLE REBATES › Section 340-270-0410 - Vehicles Eligible for the Charge Ahead Program

Current through Register Vol. 63, No. 7, July 1, 2024
To qualify for a Charge Ahead rebate, a motor vehicle must be
				either a new or used light-duty zero-emission vehicle with an electrochemical
				storage capacity and have a purchase or lease date on or after January 1, 2018
				or a new or used plug-in hybrid electric vehicle and have a purchase or lease
				date on or after September 29, 2019.
Statutory/Other Authority: ORS
				  468.020, 2017
				  Or. Law Ch. 750 Sec. 148-157, House Bill 4059 (2018), Sec. 18-21 & House
				  Bill 2592 (2019), Sec. 35-37
Statutes/Other Implemented: 2017 Or. Law Ch. 750 Sec.
				  148-157, House Bill 4059 (2018), Sec. 18-21 & House Bill 2592 (2019), Sec.
				  35-37
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 270 - ZERO-EMISSION AND ELECTRIC VEHICLE REBATES › Section 340-270-0420 - Amount of Charge Ahead Program Rebate

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The amount of the Charge Ahead rebate is:
(a) For vehicles purchased or leased prior to
			 January 1, 2022, $2,500 per vehicle or
(b) For vehicles purchased or leased on or
			 after January 1, 2022, $5,000 per vehicle.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 270 - ZERO-EMISSION AND ELECTRIC VEHICLE REBATES › Section 340-270-0430 - Requirements for Charge Ahead Program Rebates

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A person may only apply for a Charge
			 Ahead rebate if the person:
(a) Owns or
			 leases a vehicle that meets the requirements established in OAR
			 340-270-0410;
(b) If leasing a
			 vehicle, has a minimum lease term of 24 months;
(c) Intends to retain the registration of the
			 eligible vehicle for a minimum of 24 consecutive months after the purchase or
			 lease date; and
(d) Is an Oregon
			 resident.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 270 - ZERO-EMISSION AND ELECTRIC VEHICLE REBATES › Section 340-270-0500 - Allocation of Rebate Funding

Current through Register Vol. 63, No. 7, July 1, 2024
DEQ will allocate at least 20 percent of available moneys
				deposited per biennium into the Zero-Emission Incentive Fund for rebates under
				the Charge Ahead Program.
Statutory/Other Authority: ORS
				  468.020, 2017
				  Or. Law Ch. 750 Sec. 148-157, House Bill 4059 (2018), Sec. 18-21 & House
				  Bill 2592 (2019), Sec. 35-37
Statutes/Other Implemented: 2017 Or. Law Ch. 750 Sec.
				  148-157, House Bill 4059 (2018), Sec. 18-21, House Bill 2592 (2019), Sec. 35-37
				  & 2021 Or. Laws, Ch. 95, §§ 4a, 5, 6, 8 and
				  9
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 271 - OREGON CLIMATE PROTECTION PROGRAM › Section 340-271-0010 - Purpose and Scope

Current through Register Vol. 63, No. 7, July 1, 2024
(1) This
			 division establishes rules and requirements for the Climate Protection Program
			 for certain air contamination sources that emit greenhouse gases or that cause
			 greenhouse gases to be emitted.
(2)
			 Climate change caused by anthropogenic greenhouse gas emissions has detrimental
			 effects on the overall public welfare of the State of Oregon. Reducing
			 greenhouse gas emissions and mitigating climate change will improve the overall
			 public welfare of Oregon. In particular, reducing greenhouse gas emissions will
			 improve the welfare of environmental justice communities.
(a) Fuel combustion and industrial processes
			 result in emissions of greenhouse gases, which are air contaminants that cause
			 climate change;
(b) Reducing
			 greenhouse gas emissions may also reduce emissions of other air contaminants,
			 which may improve air quality for Oregon communities; and
(c) Environmental justice communities in
			 Oregon are disproportionately burdened by air contamination, including through
			 disproportionate risk of the impacts of climate change.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 271 - OREGON CLIMATE PROTECTION PROGRAM › Section 340-271-0030 - Acronyms

Current through Register Vol. 63, No. 7, July 1, 2024
(1) "BAER" means
			 best available emissions reduction.
(2) "CCI" means community climate
			 investment.
(3) "CFR" means Code of
			 Federal Regulations.
(4) "CPI-U
			 West" means the US Bureau of Labor and Statistics West Region Consumer Price
			 Index for All Urban Consumers for all Items.
(5) "CPP" means Oregon Climate Protection
			 Program established in this division.
(6) "DEQ" means Oregon Department of
			 Environmental Quality.
(7) "EQC"
			 means Environmental Quality Commission.
(8) "EPA" means US Environmental Protection
			 Agency.
(9) "IRS" means US Internal
			 Revenue Service.
(10) "LRAPA" means
			 Lane Regional Air Pollution Agency.
(11) "Metric tons of CO2e" or "MT CO2e" means
			 metric tons of carbon dioxide equivalent.
(12) "US" means United States.
Statutory/Other Authority: ORS
				  468.020,
				  468A.025,
				  468A.040 &
				  468A.050
Statutes/Other Implemented: ORS
				  468.020,
				  468A.025,
				  468A.040,
				  468A.050,
				  468.035,
				  468A.010,
				  468A.015  & 468A.045
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 271 - OREGON CLIMATE PROTECTION PROGRAM › Section 340-271-0090 - Overview of Program Provisions for Covered Entities and CCI Entities

Current through Register Vol. 63, No. 7, July 1, 2024
(1) OAR
			 340-271-0100  describes general requirements for covered entities.
(2) OAR 340-271-0110  describes which air
			 contamination sources are covered entities subject to the requirements of the
			 CPP.
(3) OAR 340-271-0120, OAR
			 340-271-0130, and 340-271-0150  describe covered entity requirements including
			 notifying DEQ of changes in ownership, operational control, and related
			 entities; cessation of applicability; and requirements to obtain CPP permits
			 and CPP permit addendums, respectively.
(4) OAR 340-271-0310  through OAR 340-271-0390  describe the provisions that apply to covered stationary sources.
(5) OAR 340-271-0410  through OAR 340-271-0890  and OAR 340-271-9000  describe the provisions that apply to covered fuel
			 suppliers.
(6) OAR 340-271-0900  through OAR 340-271-0990  describe the provisions for how DEQ will approve CCI
			 entities and how CCI entities will implement eligible projects supported by CCI
			 funds.
Statutory/Other Authority: ORS
				  468.020,
				  468A.025,
				  468A.040 &
				  468A.050
Statutes/Other Implemented: ORS
				  468.020,
				  468A.025,
				  468A.040,
				  468A.050,
				  468.035,
				  468A.010,
				  468A.015  & 468A.045
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 271 - OREGON CLIMATE PROTECTION PROGRAM › Section 340-271-0100 - Oregon Climate Protection Program Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A person who owns or operates a covered
			 entity must comply with the rules in this division. Compliance with this
			 division does not relieve a person who owns or operates a covered entity of the
			 obligation to comply with any other provisions of OAR chapter 340, as
			 applicable.
(2) CPP permit or CPP
			 permit addendum. A person who owns or operates a covered entity identified in
			 OAR 340-271-0110  must apply for and hold a CPP permit or CPP permit addendum
			 according to OAR 340-271-0150  that authorizes the person's covered emissions
			 and subjects the person to the requirements of this division.
(3) Reporting. A person who owns or operates
			 a covered entity must submit reports and attestations required in this
			 division, as applicable.
(4)
			 Recordkeeping. A person who owns or operates a covered entity must develop and
			 retain all records required in this division, as applicable.
(5) A person who owns or operates a covered
			 entity must use forms and reporting tools approved and issued by DEQ for all
			 certifications, attestations and submissions. All submissions must be made
			 electronically unless otherwise requested or approved by DEQ.
Statutory/Other Authority: ORS
				  468.020,
				  468A.025,
				  468A.040 &
				  468A.050
Statutes/Other Implemented: ORS
				  468.020,
				  468A.025,
				  468A.040,
				  468A.050,
				  468.035,
				  468A.010,
				  468A.015  & 468A.045
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 271 - OREGON CLIMATE PROTECTION PROGRAM › Section 340-271-0110 - Covered Entity and Covered Emissions Applicability

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Calculations of covered emissions,
			 compliance obligations and distribution of compliance instruments will be based
			 on emissions data and information in emissions data reports submitted by a
			 person described in this rule and required according to OAR chapter 340,
			 division 215, which may be subject to verification according to OAR chapter
			 340, division 272. For any person that does not submit sufficient information
			 in compliance with OAR chapter 340, divisions 215 and 272, calculations will be
			 informed by additional best data available to DEQ. For any person that has not
			 registered and reported according to division 215, such calculations will be
			 based on the best data available to DEQ, following all reporting requirements
			 and assumptions that would be applicable had the person reported according to
			 that division.
(2) A covered entity
			 is subject to the requirements of this division for its covered emissions
			 described in this rule. A person remains a covered entity until cessation is
			 met according to OAR 340-271-0130.
(3) Applicability for fuel suppliers and
			 in-state producers. A person is a covered fuel supplier if the person is
			 described in subsection (a) and has annual covered emissions described in
			 subsection (b) in any applicability determination calendar year that equal or
			 exceed the threshold for applicability listed in Table 1 in OAR 340-271-9000.
			 All persons that are related entities must aggregate their emissions together
			 to determine applicability and each becomes a covered fuel supplier if
			 applicability is met. When applicability is met, each person is a covered fuel
			 supplier beginning with the calendar year a person becomes a covered fuel
			 supplier, as provided in Table 1 in OAR 340-271-9000. Once a person is a
			 covered fuel supplier, the person remains a covered fuel supplier until the
			 person has met the cessation requirements according to OAR 340-271-0130.
(a) The person is a fuel supplier or in-state
			 producer that imports, sells, or distributes fuel for use in Oregon, and is one
			 or more of the following:
(A) A dealer, as
			 that term is defined in ORS
			 319.010 that is subject to the
			 Oregon Motor Vehicle and Aircraft Fuel Dealer License Tax in OAR chapter 735,
			 division 170;
(B) A seller, as that
			 term is defined in ORS
			 319.520, that is subject to the
			 Oregon Use Fuel Tax in OAR chapter 735, division 176;
(C) A person that produces, imports, sells,
			 or distributes gasoline or distillate fuel oil for use in Oregon and that is
			 not subject to the Oregon Motor Vehicle and Aircraft Fuel Dealer License Tax or
			 the Oregon Use Fuel Tax in OAR chapter 735, divisions 170 and 176; or
(D) A person that either produces propane in
			 Oregon or imports propane for use in the state.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 271 - OREGON CLIMATE PROTECTION PROGRAM › Section 340-271-0120 - Changes in Covered Entity Ownership and Changes to Related Entities

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Changes in
			 ownership or operational control.
(a) If a
			 covered entity undergoes a change in ownership or operational control, the new
			 person that owns or operates the covered entity must notify DEQ in writing
			 within 30 days of the ownership or operational control change. The person must
			 submit a complete and accurate notification, including providing the following
			 information:
(A) The name of the previous
			 owner or operator;
(B) The name of
			 the new owner or operator;
(C) The
			 date of ownership or operator change;
(D) Name of the designated
			 representative;
(E) If the covered
			 entity is a covered fuel supplier that is not a local distribution company
			 information about each person that was a related entity prior to the change in
			 ownership or operational control and that was required to report emissions
			 according to OAR chapter 340, division 215, including legal name, full mailing
			 address, and whether each is a covered fuel supplier and holds a CPP permit;
			 and
(F) If the covered entity is a
			 covered fuel supplier that is not a local distribution company, information
			 about each person that is a related entity after the change in ownership or
			 operational control and that is required to report emissions according to OAR
			 chapter 340, division 215, including legal name, full mailing address, and
			 whether each is a covered fuel supplier and holds a CPP
			 permit.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 271 - OREGON CLIMATE PROTECTION PROGRAM › Section 340-271-0130 - Cessation of Covered Entity Applicability

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Cessation for covered fuel suppliers.
(a) A person that is a covered fuel supplier
			 as described in OAR 340-271-0110  remains a covered fuel supplier until the
			 person receives written notification from DEQ after either or both:
(A) The person's annual covered emissions are
			 0 (zero) MT CO2e for six consecutive calendar years. If the person is not a
			 local distribution company, the covered emissions of the person's related
			 entities must also be 0 (zero) MT CO2e for the same six consecutive calendar
			 years; or
(B) The person was
			 designated a covered fuel supplier in OAR 340-271-0110(3), the sum of its
			 annual covered emissions and the annual covered emissions of its related
			 entities are less than 25,000 MT CO2e for six consecutive calendar years and
			 the person applies to DEQ according to subsection (c).
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 271 - OREGON CLIMATE PROTECTION PROGRAM › Section 340-271-0150 - Covered Entity Permit Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A person described in either or both OAR
			 340-271-0110(3) or (4)  must apply for a CPP permit as provided in this section.
(a) The person must apply for a CPP permit
			 according to subsections (b) and (c) by the following deadlines:
(A) If DEQ notifies the person in writing
			 that the person is a covered fuel supplier, then the person must apply to DEQ
			 for a CPP permit within 30 days of the notification or by another date DEQ
			 specifies in the notification that is at least 30 days after the date of the
			 notification;
(B) If DEQ does not
			 provide a notification according to paragraph (A), then the person must apply
			 to DEQ for a CPP permit by April 15 of the year after the calendar year that
			 the person becomes a covered fuel supplier; or
(C) If there was a change in ownership or
			 operational control according to OAR 340-271-0120(2), then the person must
			 apply to DEQ for a CPP permit within 45 days of the change in ownership or
			 operational control.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 271 - OREGON CLIMATE PROTECTION PROGRAM › Section 340-271-0310 - Best Available Emissions Reduction Assessments for Covered Stationary Sources

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Requirement
			 to conduct a BAER assessment.
(a) When
			 notified in writing by DEQ, the owner or operator of a covered stationary
			 source described in OAR 340-271-0110(5)(a)(A)  must submit a complete and
			 accurate BAER assessment according to this rule. The owner or operator of the
			 covered stationary source must submit a complete BAER assessment to DEQ not
			 later than nine months following the date of DEQ's notice, unless DEQ has
			 identified a later deadline in its notice or DEQ approves an extension
			 according to section (6).
(b) The
			 owner or operator of a new source described in OAR 340-271-0110(5)(a)(B)  must
			 submit a complete and accurate BAER assessment completed according to this rule
			 with its permit application submitted according to OAR chapter 340, division
			 216, or its notice of construction application submitted according to OAR
			 chapter 340, division 210.
(c)
			 Modifications.
(A) A source that is a covered
			 stationary source described in OAR 340-271-0110(5)(a)(C)  must complete a BAER
			 assessment if notified in writing by DEQ. DEQ will require a BAER assessment at
			 the time of the modification only if DEQ determines that the modification
			 represents a significant change to the equipment or processes that emit covered
			 emissions at the source.
(B) If the
			 modification described in OAR 340-271-0110(5)(a)(C)  is a notice of construction
			 for a Type 2 change required under OAR 340-210-0230, DEQ will notify the source
			 not later than 60 days after submittal of the notice of construction if a BAER
			 assessment is required. Upon receipt of that notification, the owner or
			 operator of the source must submit a complete and accurate BAER assessment
			 completed according to this rule and an application for a permit modification
			 submitted according to OAR chapter 340, division 216 or 218, as applicable.
			 Notwithstanding OAR 340-210-0225(2) and (3), such permit modification
			 application is a Type 3 change as described in OAR chapter 340, division
			 210.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 271 - OREGON CLIMATE PROTECTION PROGRAM › Section 340-271-0320 - Best Available Emissions Reduction Order

Current through Register Vol. 63, No. 7, July 1, 2024
(1) DEQ may issue a BAER order for each owner
			 or operator of a covered stationary source that must submit a BAER assessment
			 as provided in OAR 340-271-0310. A BAER order will establish the actions that
			 the owner or operator of a covered stationary source must take to reduce
			 covered emissions and the timeline on which the actions must be
			 taken.
(2) In establishing the
			 requirements in a BAER order for a covered stationary source, DEQ may consider
			 any information it deems relevant, and must consider the following:
(a) Information submitted in a BAER
			 assessment;
(b) The fuels,
			 processes, equipment, technology, systems, actions, and other strategies,
			 methods and techniques that maximize covered emissions reductions;
(c) The fuels, processes, equipment,
			 technology, systems, actions, and other strategies, methods and techniques for
			 reducing covered emissions used by sources in this state or in other
			 jurisdictions that produce goods of comparable type, quantity, and
			 quality;
(d) A reasonable schedule
			 and amount of time necessary to implement a strategy under consideration by DEQ
			 to reduce covered emissions;
(e)
			 Environmental, public health, and energy impacts of a strategy under
			 consideration by DEQ to reduce covered emissions, including but not limited to
			 air quality impacts for nearby communities and impacts related to switching to
			 cleaner energy resources, zero-emissions energy resources, or renewable
			 fuels;
(f) Economic impacts of a
			 strategy under consideration by DEQ to reduce covered emissions including, but
			 not limited to, costs so great that a new source could not be built or an
			 existing source could not be operated, and cost-effectiveness of different
			 strategies that would achieve similar covered emissions reductions;
(g) Processes and operations currently in use
			 by and at the covered stationary source and the remaining useful life of the
			 covered stationary source;
(h)
			 Whether a strategy under consideration by DEQ to reduce covered emissions is
			 achievable, technically feasible, commercially available, and
			 cost-effective;
(i) Whether a
			 strategy under consideration by DEQ to reduce covered emissions has an impact
			 on the type or quality of good(s) produced by and at the covered stationary
			 source, if applicable; and
(j)
			 Input from the public and community organizations from nearby the covered
			 stationary source. Upon receipt of a BAER assessment, DEQ will provide public
			 notice with a copy of the BAER assessment and a minimum of 30 days to submit
			 written comments. DEQ also will provide public notice with a copy of DEQ's
			 draft BAER order and a minimum of 30 days to submit written
			 comments.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 271 - OREGON CLIMATE PROTECTION PROGRAM › Section 340-271-0330 - Compliance with a BAER Order

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 The owner or operator of a covered stationary source for which DEQ has issued a
			 BAER order according to OAR 340-271-0320  must:
(a) Comply with the requirements in the BAER
			 order; and
(b) For an existing
			 source that is required to complete a BAER assessment under OAR
			 340-271-0310(1)(a), submit to DEQ or LRAPA, as applicable, a complete permit
			 modification application for a CPP permit addendum according to OAR
			 340-271-0150(3)  not later than 90 days after the date that the BAER order is
			 final and effective, or a later date specified in the BAER
			 order.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 271 - OREGON CLIMATE PROTECTION PROGRAM › Section 340-271-0390 - Recordkeeping Requirements Related to BAER

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Recordkeeping requirements related to
			 BAER assessments and five year BAER reports.
(a) The owner or operator of a covered
			 stationary source that submits any information to DEQ related to a complete
			 BAER assessment or five year BAER report conducted according to OAR
			 340-271-0310  must retain the following records, in paper or electronic format,
			 for a period of at least ten years from the date the information is submitted
			 to DEQ:
(A) A copy of the assessment or report
			 submitted to DEQ;
(B) Any
			 contract(s) with any independent third-party(ies) in relation to developing the
			 assessment or report; and
(C) All
			 other information and documentation used to support and inform development of
			 the assessment or report.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 271 - OREGON CLIMATE PROTECTION PROGRAM › Section 340-271-0410 - Generation of Compliance Instruments

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Each year, DEQ will generate the number
			 of compliance instruments equal to the cap for the calendar year identified in
			 Table 2 in OAR 340-271-9000.
(2) A
			 compliance instrument is a regulatory instrument and does not constitute
			 personal property, a security or any other form of property.
Statutory/Other Authority: ORS
				  468.020,
				  468A.025  & 468A.040
Statutes/Other Implemented: ORS
				  468.020,
				  468A.025,
				  468A.040,
				  468.035,
				  468A.010,
				  468A.015  & 468A.045
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 271 - OREGON CLIMATE PROTECTION PROGRAM › Section 340-271-0420 - Distribution of Compliance Instruments to Covered Fuel Suppliers

Current through Register Vol. 63, No. 7, July 1, 2024
(1) DEQ will
			 distribute compliance instruments according to this rule. DEQ will distribute
			 compliance instruments from a cap according to sections (2), (3), (4), and (6)
			 no later than June 30 of the calendar year of that cap.
(2) Annual distribution of compliance
			 instruments to covered fuel suppliers that are local distribution companies.
			 DEQ will annually distribute to each local distribution company, or to its
			 successor(s) due to a change in ownership or operation, the number of
			 compliance instruments from the calendar year's cap stated in Table 4 in OAR
			 340-271-9000.
(3) DEQ will
			 establish a compliance instrument reserve for covered fuel suppliers that are
			 new to the program and are not local distribution companies. DEQ will hold,
			 according to subsection (4)(a), a subset of compliance instruments in the
			 reserve from the caps identified in Table 2 in OAR 340-271-9000. Once a
			 compliance instrument is held in the reserve, it remains in the reserve until
			 DEQ determines, at its discretion, to undertake one of the following actions:
(a) DEQ distributes the compliance instrument
			 according to section (5) to a covered fuel supplier that is not a local
			 distribution company;
(b) DEQ
			 retires the compliance instrument because the compliance instrument reserve
			 exceeds the size described in Table 3 OAR 340-271-9000, provided that after
			 such retirement the size of the compliance instrument reserve will equal or
			 exceed the reserve size described in Table 3; or
(c) DEQ distributes the compliance instrument
			 to a covered fuel supplier that is not a local distribution company because the
			 size of the compliance instrument reserve exceeds the reserve size described in
			 Table 3 in OAR 340-271-9000. DEQ will only distribute compliance instruments
			 from the reserve according to this subsection if there are at least 10,000
			 compliance instruments to distribute and if the remaining size of the reserve
			 after this distribution will equal or exceed the reserve size described in
			 Table 3 in OAR 340-271-9000. DEQ will calculate the number of compliance
			 instruments to distribute to each covered fuel supplier that is not a local
			 distribution company according to subsection (4)(b), except "total compliance
			 instruments to distribute" means the total number of compliance instruments DEQ
			 is distributing from the reserve according to this
			 subsection.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 271 - OREGON CLIMATE PROTECTION PROGRAM › Section 340-271-0430 - Holding Compliance Instruments

Current through Register Vol. 63, No. 7, July 1, 2024
(1) When DEQ distributes a compliance
			 instrument to a covered fuel supplier according to OAR 340-271-0420  or when a
			 covered fuel supplier acquires a compliance instrument according to OAR
			 340-271-0500, the covered fuel supplier may continue to hold the compliance
			 instrument until any of the following apply:
(a) The covered fuel supplier uses the
			 compliance instrument toward its demonstration of compliance with a compliance
			 obligation according to OAR 340-271-0450;
(b) The covered fuel supplier transfers the
			 compliance instrument to another covered fuel supplier according to OAR
			 340-271-0500; or
(c) The covered
			 fuel supplier has ceased being a covered fuel supplier according to OAR
			 340-271-0130. When this occurs, DEQ may, at its discretion:
(i) Retire the compliance instrument;
			 or
(ii) If the covered fuel
			 supplier is not a local distribution company:
(A) Hold the compliance instrument in the
			 compliance instrument reserve described in OAR 340-271-0420(3); or
(B) Distribute the compliance instrument to a
			 covered fuel supplier that is not a local distribution company. DEQ will only
			 distribute the compliance instrument if there are at least 10,000 compliance
			 instruments to distribute. DEQ will calculate the number of compliance
			 instruments to distribute to each covered fuel supplier according to OAR
			 340-271-0420(4)(b), except "total compliance instruments to distribute" means
			 the total number of compliance instruments DEQ is distributing according to
			 this paragraph.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 271 - OREGON CLIMATE PROTECTION PROGRAM › Section 340-271-0440 - Compliance Periods

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Each
			 compliance period is three consecutive calendar years.
(2) The first compliance period begins with
			 calendar year 2022, and includes calendar years 2023 and 2024.
(3) A new compliance period begins with the
			 calendar year following the last calendar year of the preceding compliance
			 period.
Statutory/Other Authority: ORS
				  468.020,
				  468A.025  & 468A.040
Statutes/Other Implemented: ORS
				  468.020,
				  468A.025,
				  468A.040,
				  468.035,
				  468A.010,
				  468A.015  & 468A.045