Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 255 - DIESEL EMISSIONS MITIGATION GRANT PROGRAM › Section 340-255-0020 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
The definitions in OAR 340-200-0020  and this rule apply to this
				division. If the same term is defined in the following definitions in this rule
				and in OAR 340-200-0020, the definition in this rule applies to this
				division:
(1) "Airport Ground Support
			 Equipment" means vehicles and equipment used at an airport to service aircraft
			 between flights.
(2) "All-Electric"
			 means powered exclusively by electricity provided by a battery, fuel cell, or
			 the grid.
(3) "Alternative fuel"
			 means biofuels, biogas, natural gas, liquefied petroleum gas, hydrogen and
			 electricity.
(4) "Alternate Fueled"
			 means an engine, or a vehicle or piece of equipment that is powered by an
			 engine, which uses a fuel different from or in addition to gasoline fuel or
			 diesel fuel (e.g., CNG, propane, diesel-electric hybrid).
(5) "Beneficiaries" means Oregon Department
			 of Environmental Quality.
(6)
			 "Certified Remanufacture System or Verified Engine Upgrade" means engine
			 upgrades certified or verified by EPA or CARB to achieve a reduction in
			 emissions.
(7) "CFR" means the Code
			 of Federal Regulations in effect on November 15th, 2020, or the edition of the
			 CFR referenced in OAR 340-200-0035, whichever is more current.
(8) "CNG" means Compressed Natural
			 Gas.
(9) "Cost-effectiveness
			 threshold" means the cost, in dollars, per ton of diesel particulate matter
			 reduced, as established under OAR 340-259-0025.
(10) "DERA" means the Diesel Emission
			 Reduction Act, Title VII, Subtitle G, of the Energy Policy Act of 2005
			 (codified at  42 U.S.C. §
									16131-16139).
(11) "Diesel engine" means a compression
			 ignition engine.
(12) "Drayage
			 Trucks" means trucks primarily engaged in hauling cargo to and from ports and
			 intermodal rail yards.
(13)
			 "Eligible Airport Ground Support Equipment" means vehicles and equipment used
			 at an airport to service aircraft between flights that is powered by a Tier 0,
			 Tier 1, or Tier 2 diesel engine or by a spark ignition engine that is
			 uncertified or is certified to three grams per brake horsepower-hour or higher
			 emissions.
(14) "Eligible Buses"
			 means 2009 engine model year or older vehicles with a Class 4-8 GVWR greater
			 than 14,001 pounds used for transporting people.
(15) "Eligible Equipment" means equipment
			 that is in one of the following categories: eligible large trucks, eligible
			 buses, eligible freight switchers, eligible ferries and tugs, eligible medium
			 trucks, eligible airport ground support equipment, eligible forklifts, or
			 eligible port cargo handling equipment.
(16) "Eligible Ferries and Tugs" means
			 vessels with unregulated, Tier 1, or Tier 2 engines.
(17) "Eligible Forklifts" means forklifts
			 with greater than 8000 pounds lift capacity.
(18) "Eligible Freight Switchers" means
			 pre-Tier 4 freight switchers that operate 1000 or more hours per
			 year.
(19) "Eligible Large Trucks"
			 means 1992-2009 engine model year trucks with a Class 8 GVWR greater than
			 33,001 pounds used for one or more of port drayage, freight delivery or cargo
			 delivery (including waste haulers, dump trucks and concrete mixers).
(20) "Eligible Marine Shorepower" means power
			 provided for ocean-going vessels while at berth using systems that (a) enable a
			 compatible vessel's main and auxiliary engines to remain off while the vessel
			 is at berth, (b) comply with international shore power design standards
			 (ISO/IEC/IEEE 80005-1-2012 High Voltage Shore Connection Systems or the IEC/PAS
			 80005-3:2014 Low Voltage Shore Connection Systems), and (c) are supplied with
			 power sourced from the local utility grid.
(21) "Eligible Medium Trucks" means 1992-2009
			 engine model year trucks with a Class 4-7 GVWR between 14,001 and 33,000 pounds
			 and that are trucks, including commercial trucks, used to deliver cargo and
			 freight (for example, courier services, delivery trucks, box trucks moving
			 freight, waste haulers, dump trucks and concrete mixers).
(22) "Eligible Mitigation Action" means any
			 of the actions listed in Appendix D-2 of the Environmental Mitigation Trust
			 Agreement.
(23) "Eligible Port
			 Cargo Handling Equipment" means diesel-powered port cargo handling equipment
			 that operates 1000 or more hours per year.
(24) "Environmental Mitigation Trust
			 Agreement" means the fully executed Environmental Mitigation Trust Agreement
			 for State Beneficiaries effective October 2, 2017, and issued pursuant to
			 Paragraph 17 of the Volkswagen "Clean Diesel" Marketing, Sales Practices and
			 Products Liability Litigation partial consent decree dated October 25,
			 2016.
(25) "Equivalent equipment"
			 means a piece of equipment that performs the same function and has the
			 equivalent horsepower to a piece of equipment subject to a
			 replacement.
(26) "Equivalent motor
			 vehicle" means a motor vehicle that performs the same function and is in the
			 same weight class as a motor vehicle subject to a replacement.
(27) "Forklift" means nonroad equipment used
			 to lift and move materials short distances, generally using tines to lift
			 objects, including reach stackers, side loaders, and top loaders.
(28) "Freight Switcher" means a locomotive
			 that moves rail cars around a rail yard as compared to a line-haul engine that
			 moves freight long distances.
(29)
			 "Generator Set" means a switcher locomotive equipped with multiple engines that
			 can turn off one or more engines to reduce emissions and save fuel depending on
			 the load it is moving.
(30) "Gross
			 vehicle weight rating" or "GVWR" means the value specified by the manufacturer
			 as the maximum loaded weight of a single or a combination vehicle. Class 1:
			 < 6000 lb. Class 2: 6001-10,000 lb. Class 3: 10,001-14,000 lb. Class 4:
			 14,001-16,000 lb. Class 5: 16,001-19,500 lb. Class 6: 19,501-26,000 lb. Class
			 7: 26,001-33,000 lb. Class 8: > 33,001 lb.
(31) "Heavy-duty truck" means a motor vehicle
			 or combination of vehicles operated as a unit that has a gross vehicle weight
			 rating that is greater than 26,000 pounds.
(32) "Hybrid" means a vehicle that combines
			 an internal combustion engine with a battery and electric motor.
(33) "Infrastructure" means the equipment
			 used to enable the use of electric powered vehicles (for example, electric
			 vehicle charging station).
(34)
			 "Intermodal Rail Yard" means a rail facility in which cargo is transferred from
			 drayage truck to train or vice-versa.
(35) "Motor vehicle" has the meaning given
			 that term in ORS
			 825.005.
(36) "Nonroad diesel engine" means a diesel
			 engine of 25 horsepower or more that is not designed primarily to propel a
			 motor vehicle on public highways.
(37) "Port Cargo Handling Equipment" means
			 equipment that operates within ports and are rubber-tired gantry cranes,
			 straddle carriers, shuttle carriers, terminal tractors, yard hostlers or yard
			 tractors.
(38) "Plug-in Hybrid
			 Electric Vehicle (PHEV)" means a vehicle that is similar to a Hybrid but is
			 equipped with a larger, more advanced battery that allows the vehicle to be
			 plugged in and recharged in addition to refueling with gasoline. This larger
			 battery allows the car to be driven on a combination of electric and gasoline
			 fuels.
(39) "Public highway" has
			 the meaning given that term in ORS
			 825.005.
(40) "Replacement" or "Replace" means to
			 scrap a motor vehicle powered by a diesel engine and replace the motor vehicle
			 with an equivalent motor vehicle, or to scrap a piece of equipment powered by a
			 nonroad diesel engine and replace the equipment with equivalent equipment.
			 "Replacement" does not include ordinary maintenance, repair or replacement of a
			 diesel engine.
(41) "Repower" means
			 to replace an existing engine with a newer, cleaner engine or power source that
			 is certified by EPA and, if applicable, CARB, to meet a more stringent set of
			 engine emission standards. Repower includes, but is not limited to, diesel
			 engine replacement with an engine certified for use with diesel or a clean
			 alternate fuel, diesel engine replacement with an electric power source (e.g.,
			 grid, battery), diesel engine replacement with a fuel cell, diesel engine
			 replacement with an electric generator(s) (genset), diesel engine upgrades in
			 Ferries/Tugs with an EPA Certified Remanufacture System, and/or diesel engine
			 upgrades in Ferries/Tugs with an EPA Verified Engine Upgrade. All-electric and
			 fuel cell Repowers do not require EPA or CARB certification.
(42) "Retrofit" means to equip a diesel
			 engine with new emissions-reducing parts or technology after the manufacture of
			 the original engine or to convert the diesel engine into an engine capable of
			 being powered by alternative fuel. A retrofit must use the greatest degree of
			 emissions reduction available for the particular application of the equipment
			 retrofitted that meets the cost-effectiveness threshold.
(43) "School Bus" means a Class 4-8 bus sold
			 or introduced into interstate commerce for purposes that include carrying
			 students to and from school or related events. This includes any school bus
			 type, A-D, as defined under OAR 581-053-003.
(44) "Scrap" means to destroy, render
			 inoperable by cutting a 3-inch hole in the engine block, and make available for
			 recycle. For Eligible Vehicles or Equipment being replaced, "scrap" includes
			 rendering it inoperable by cutting its chassis frame rails completely in
			 half.
(45) "Small fleet" means
			 fleet size of 9 or fewer heavy and medium duty diesel vehicles.
(46) "Tier 0, 1, 2, 3, 4" shall refer to
			 corresponding EPA engine emission classifications for, as applicable, nonroad
			 engines (see  40 CFR § 86  Subpart A and 89.2), locomotives (see
			 40 CFR §
									1033.101), and marine engines (see
			  40 CFR § 89.104  and
			 1042.101).
(47) "Truck" means a motor
			 vehicle or combination of vehicles operated as a unit that has a gross vehicle
			 weight rating that is greater than 14,000 pounds.
(48) "Tugs" means dedicated vessels that push
			 or pull other vessels in ports, harbors, and inland waterways (for example,
			 tugboats and towboats).
(49)
			 "Vulnerable Population" means people under the age of 14 and over the age of
			 64, Black, indigenous, and people of color, people with a household income that
			 is less than or equal to twice the federal poverty level, people who are
			 linguistically isolated, and people age 25 or older who have not earned a high
			 school diploma or passed a General Educational Equivalent (GED) test.
Statutory/Other Authority: ORS
				  468A.805
Statutes/Other Implemented: ORS
				  468A.805