reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 253 - OREGON CLEAN FUELS PROGRAM › Section 340-253-1020 - Calculating Credits and Deficits

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Except as
			 provided in sections (2) and (3), credit and deficit generation must be
			 calculated for all fuels included in OAR 340-253-1010:
(a) Using credit and deficit basics as
			 directed in OAR 340-253-1000;
(b)
			 Calculating energy in megajoules by multiplying the amount of fuel by the
			 energy density of the fuel in Table 6 under OAR 340-253-8010;
(c) Calculating the adjusted energy in
			 megajoules by multiplying the energy in megajoules from section (2) by the
			 energy economy ratio of the fuel listed in Table 7 under OAR 340-253-8010  or as
			 approved by DEQ under OAR 340-253-0460, as applicable;
(d) Calculating the carbon intensity
			 difference by subtracting the fuel's carbon intensity as approved under OAR
			 340-253-0400  through -0470, adjusted for the fuel application's energy economy
			 ratio as listed in Table 7 under OAR 340-253-8010  or as approved under OAR
			 340-253-0460  as applicable, from the clean fuel standard for gasoline or
			 gasoline substitutes listed in Table 1 under OAR 340-253-8010  or diesel fuel
			 and diesel substitutes listed in Table 2 under OAR 340-253-8010, as
			 applicable;
(e) Calculating the
			 grams of carbon dioxide equivalent by multiplying the adjusted energy in
			 megajoules in section (3) by the carbon intensity difference in section
			 (4);
(f) Calculating the metric
			 tons of carbon dioxide equivalent by dividing the grams of carbon dioxide
			 equivalent calculated in section (5) by 1,000,000; and
(g) Determining under OAR 340-253-1000(5)
 
			 whether credits or deficits are generated.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 253 - OREGON CLEAN FUELS PROGRAM › Section 340-253-1030 - Demonstrating Compliance

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Compliance
			 demonstration. Each regulated party must meet its compliance obligation for the
			 compliance period by demonstrating through submission of its annual compliance
			 report that it possessed and has retired a number of credits from its account
			 that is equal to its compliance obligation calculated under section
			 (2).
(2) Calculation of compliance
			 obligation. A regulated party's compliance obligation is the sum of deficits
			 generated in the compliance period plus deficits carried over from the prior
			 compliance period, represented in the following equation:
Compliance Obligation = Deficits Generated + Deficits
				Carried Over
(3)
			 Calculation of credit balance.
(a)
			 Definitions. For the purpose of this section:
(A) Deficits Generated are the total deficits
			 generated by the regulated party for the current compliance period;
(B) Deficits Carried Over are the total
			 deficits carried over by the regulated party from the previous compliance
			 period;
(C) Credits Generated are
			 the total credits generated by the regulated party in the current compliance
			 period;
(D) Credits Acquired are
			 the total credits acquired by the regulated party in the current compliance
			 period from other regulated parties, credit generators, and aggregators,
			 including carryback credits;
(E)
			 Credits Carried Over are the total credits carried over by the regulated party
			 from the previous compliance period;
(F) Credits Retired are the total credits
			 retired by the regulated party within the CFP Online System for the current
			 compliance period;
(G) Credits Sold
			 are the total credits sold by, or otherwise transferred from, the regulated
			 party in the current compliance period to other regulated parties, credit
			 generators, and aggregators; and
(H) Credits on Hold are the total credits
			 placed on hold due to enforcement or an administrative action. While on hold,
			 these credits cannot be used for meeting the regulated party's compliance
			 obligation.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 253 - OREGON CLEAN FUELS PROGRAM › Section 340-253-1040 - Credit Clearance Market

Current through Register Vol. 63, No. 7, July 1, 2024
(1) If a regulated
			 party did not retire sufficient credits to meet its compliance obligation under
			 OAR 340-253-1030(1)  - (6), exclusive of any deficits carried forward to the
			 next compliance period under OAR 340-253-1030(4), it must enter and purchase
			 its pro-rata share of credits in the credit clearance market under section (5).
(a) The credit clearance market is separate
			 from the normal year-round market opportunities for parties to engage in credit
			 transactions.
(b) DEQ will consider
			 a regulated party in compliance with OAR 340-243-1030 if it acquires its
			 pro-rata obligation in the credit clearance market and retires that number of
			 credits within 30 days of the end of the credit clearance market.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 253 - OREGON CLEAN FUELS PROGRAM › Section 340-253-1050 - Renumbered

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  468.020, 2009 OL Ch. 754 Sec. 6
				  (2011 Edition) & 2015 OL Ch. 4 Sec. 3
Stats. Implemented: 2009 OL Ch. 754 Sec. 6 (2011 Edition)
				  & 2015 OL Ch. 4 Sec. 3
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 253 - OREGON CLEAN FUELS PROGRAM › Section 340-253-1055 - Public Disclosure

Current through Register Vol. 63, No. 7, July 1, 2024
(1) List of
			 DEQ-approved registered parties. DEQ will maintain a current list of
			 DEQ-approved registered parties and will make that list publicly available on
			 its website. The list will include, at a minimum, the name of the party and
			 whether the registered party is an importer of blendstocks, a large importer of
			 finished fuels, a small importer of finished fuels, a producer, a credit
			 generator, or an aggregator.
(2)
			 Monthly credit trading activity report. DEQ must post on its webpage, by no
			 later than the last day of the month immediately following the month for which
			 the calculation is completed, a credit trading activity report that:
(a) Summarizes the aggregate credit transfer
			 information for the:
(A) Most recent
			 month,
(B) Previous three
			 months,
(C) Previous three
			 quarters, and
(D) Previous
			 compliance periods;
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 253 - OREGON CLEAN FUELS PROGRAM › Section 340-253-1100 - Advance Crediting

Current through Register Vol. 63, No. 7, July 1, 2024
(1) General
			 Provisions.
(a) Advance Credits are used to
			 advance the state's transportation electrification goals.
(b) All advance credits represent actual
			 reductions of greenhouse gas emissions against the clean fuel
			 standards.
(c) Vehicles must be
			 registered in the State of Oregon to be eligible to earn advanced
			 credits.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 253 - OREGON CLEAN FUELS PROGRAM › Section 340-253-2000 - Emergency Deferrals

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Emergency deferral due to a fuel shortage. DEQ will issue an order declaring an
			 emergency deferral:
(a) No later than 15
			 calendar days after the date that DEQ determines that there is a known shortage
			 of fuel or low carbon fuel that is needed for regulated parties to comply with
			 the clean fuel standard and that the magnitude of the shortage of that fuel is
			 greater than the equivalent of five percent of the amount of the fuel
			 forecasted to be available during the effective compliance period. To determine
			 the magnitude of the shortage and that the fuel of which there is a shortage is
			 needed for regulated parties to comply with that year's standard, DEQ will
			 consider the following:
(A) The volume and
			 carbon intensity of the fuel determined to be not available under subsection
			 (1)(a);
(B) The estimated duration
			 of the shortage; and
(C) Whether
			 there are any options that could mitigate the shortage including but not
			 limited to:
(i) The same fuel from other
			 sources;
(ii) Substitutes for the
			 affected fuel and the carbon intensities of those substitutes are available;
			 or
(iii) Banked clean fuel credits
			 are available.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 253 - OREGON CLEAN FUELS PROGRAM › Section 340-253-2100 - Forecasted Fuel Supply Deferral

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Fuel supply forecast deferral. Under
			 section 163, chapter 750, Oregon Laws 2017 (Enrolled House Bill 2017), the
			 division of the Oregon Department of Administrative Services that serves as
			 office of economic analysis is required to provide to DEQ a fuel supply
			 forecast for the following compliance period not later than October 2. If DEQ
			 receives a fuel supply forecast for the following compliance period by October
			 2 and the forecast projects that the amount of credits that will be available
			 during the forecast compliance period will be less than 100 percent of the
			 credits projected to be necessary for regulated parties to comply, then DEQ, no
			 later than December 1, shall issue an order declaring a forecast deferral. The
			 order must set forth:
(a) The duration of the
			 forecast deferral, which may not be less than one calendar quarter or longer
			 than one compliance period;
(b) The
			 types of fuel to which the forecast deferral applies; and
(c) Which of the following methods DEQ has
			 selected for deferring compliance with the clean fuel standard during the
			 forecasted deferral:
(A) Temporarily
			 adjusting the scheduled applicable clean fuel standard to a standard identified
			 that better reflects the forecast availability of credits during the forecast
			 compliance period and requiring regulated parties to comply with the temporary
			 standard;
(B) Requiring regulated
			 parties to comply only with the clean fuel standard applicable during the
			 compliance period prior to the forecast compliance period; or
(C) Suspending deficit accrual for part or
			 all of the forecast deferral period.
(d) In implementing a forecast deferral, DEQ
			 may take an action for deferring compliance with the clean fuel standard other
			 than, or in addition to, selecting a method under subsection (c) only if DEQ
			 determines that none of the methods under subsection (c) will provide a
			 sufficient mechanism for containing the cost of compliance with the clean fuel
			 standards during the forecast deferral. In making such a determination, DEQ
			 shall:
(A) Include in such order DEQ's
			 determination and the action to be taken; and
(B) Provide written notification and
			 justification of the determination and the action to:
(i) The Governor;
(ii) The President of the Senate;
(iii) The Speaker of the House of
			 Representatives;
(iv) The majority
			 and minority leaders of the Senate; and
(v) The majority and minority leaders of the
			 House of Representatives.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 253 - OREGON CLEAN FUELS PROGRAM › Section 340-253-2200

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  468.020, 2009 OL Ch. 754 Sec. 6
				  (2011 Edition) & 2015 OL Ch. 4 Sec. 3
Stats. Implemented: 2009 OL Ch. 754 Sec. 6 (2011 Edition)
				  & 2015 OL Ch. 4 Sec. 3
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 253 - OREGON CLEAN FUELS PROGRAM › Section 340-253-8010 - Tables

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Table 1 -
			 Oregon Clean Fuel Standard for Gasoline and Gasoline Substitutes
(2) Table 2 - Oregon Clean Fuel Standard for
			 Diesel Fuel and Diesel Substitutes
(3) Table 3 - Oregon Clean Fuel Standard for
			 Alternative Jet Fuel
(4) Table 4 -
			 Oregon Carbon Intensity Lookup Table
(5) Table 5 - Summary Checklist of Quarterly
			 Progress and Annual Compliance Reporting Requirements
(6) Table 6 - Oregon Energy Densities of
			 Fuels
(7) Table 7 - Oregon Energy
			 Economy Ratio Values
(8) Table 8 -
			 Oregon Substitute Fuel Pathway Codes
(9) Table 9 - Oregon Temporary Fuel Pathway
			 Codes
(10) Table 10 - Indirect
			 Land-Use Change Values
To view attachments referenced in rule text,
click here to view
				  rule
.
Statutory/Other Authority: ORS
				  468.020,
				  468A.266,
				  468A.268  & 468A.277
Statutes/Other Implemented: ORS
				  468.020 &
				  ORS
				  468A.265 through
				  468A.277
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 253 - OREGON CLEAN FUELS PROGRAM › Section 340-253-8020

Current through Register Vol. 63, No. 7, July 1, 2024
To view tables referenced in rule text,
click here to view
				  rule
.
Statutory/Other Authority: ORS
				  468.020,
				  468A.266,
				  468A.268  & 468A.277
Statutes/Other Implemented: ORS
				  468.020 &
				  ORS
				  468A.265 through
				  468A.277
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 253 - OREGON CLEAN FUELS PROGRAM › Section 340-253-8030

Current through Register Vol. 63, No. 7, July 1, 2024
To view tables referenced in rule text,
click here to view
				  rule
.
Statutory/Other Authority: ORS
				  468.020,
				  468A.266,
				  468A.268  & 468A.277
Statutes/Other Implemented: ORS
				  468.020 &
				  ORS
				  468A.265 through
				  468A.277
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 253 - OREGON CLEAN FUELS PROGRAM › Section 340-253-8040

Current through Register Vol. 63, No. 7, July 1, 2024
To view tables referenced in rule text,
click here to view
				  rule
.
Statutory/Other Authority: ORS
				  468.020,
				  468A.266,
				  468A.268  & 468A.277
Statutes/Other Implemented: ORS
				  468.020 &
				  ORS
				  468A.265 through
				  468A.277
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 253 - OREGON CLEAN FUELS PROGRAM › Section 340-253-8050

Current through Register Vol. 63, No. 7, July 1, 2024
To view tables referenced in rule text,
click here to view
				  rule
.
Statutory/Other Authority: ORS
				  468.020,
				  468A.266,
				  468A.268  & 468A.277
Statutes/Other Implemented: ORS
				  468.020 &
				  ORS
				  468A.265 through
				  468A.277
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 253 - OREGON CLEAN FUELS PROGRAM › Section 340-253-8060

Current through Register Vol. 63, No. 7, July 1, 2024
To view tables referenced in rule text,
click here to view
				  rule
.
Statutory/Other Authority: ORS
				  468.020,
				  468A.266,
				  468A.268  & 468A.277
Statutes/Other Implemented: ORS
				  468.020 &
				  ORS
				  468A.265 through
				  468A.277
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 253 - OREGON CLEAN FUELS PROGRAM › Section 340-253-8070

Current through Register Vol. 63, No. 7, July 1, 2024
To view tables referenced in rule text,
click here to view
				  rule
.
Statutory/Other Authority: ORS
				  468.020,
				  468A.266,
				  468A.268  & 468A.277
Statutes/Other Implemented: ORS
				  468.020 &
				  ORS
				  468A.265 through
				  468A.277
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 253 - OREGON CLEAN FUELS PROGRAM › Section 340-253-8080

Current through Register Vol. 63, No. 7, July 1, 2024
To view tables referenced in rule text,
click here to view
				  rule
.
Statutory/Other Authority: ORS
				  468.020,
				  468A.266,
				  468A.268  & 468A.277
Statutes/Other Implemented: ORS
				  468.020 &
				  ORS
				  468A.265 through
				  468A.277
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 253 - OREGON CLEAN FUELS PROGRAM › Section 340-253-8090

Current through Register Vol. 63, No. 7, July 1, 2024
To view tables referenced in rule text,
click here to view
				  rule
.
Statutory/Other Authority: ORS
				  468.020,
				  468A.266,
				  468A.268  & 468A.277
Statutes/Other Implemented: ORS
				  468.020 &
				  ORS
				  468A.265 through
				  468A.277
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 253 - OREGON CLEAN FUELS PROGRAM › Section 340-253-8100

Current through Register Vol. 63, No. 7, July 1, 2024
To view tables referenced in rule text,
click here to view
				  rule
.
Statutory/Other Authority: ORS
				  468.020,
				  468A.266,
				  468A.268  & 468A.277
Statutes/Other Implemented: ORS
				  468.020 &
				  ORS
				  468A.265 through
				  468A.277
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 254 - RULES FOR INDIRECT SOURCES › Section 340-254-0010 - Policy

Current through Register Vol. 63, No. 7, July 1, 2024
The Commission finds and declares Indirect Sources to be air
				contamination sources as defined in ORS 468A.005. The Commission further finds
				and declares that the regulation of Indirect Sources is necessary to control
				the concentration of air contaminants which result from Motor Vehicle Trips
				and/or Aircraft Operations associated with the use of Indirect
				Sources.
Stat. Auth.: ORS 468 & ORS 468A
Stats. Implemented: ORS
				  468A.025
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 254 - RULES FOR INDIRECT SOURCES › Section 340-254-0020 - Jurisdiction and Delegation

Current through Register Vol. 63, No. 7, July 1, 2024
The Commission finds that the complexity or magnitude of
				Indirect Sources requires statewide regulation and assumes or retains
				jurisdiction thereof. The Commission may, however, when any Regional Authority
				requests and provides evidence demonstrating its capability to carry out the
				provisions of these rules relating to Indirect Sources, authorize and confer
				jurisdiction upon such Regional Authority to perform all or any of such
				provisions within its boundary until such authority and jurisdiction shall be
				withdrawn for cause by the Commission.
Stat. Auth.: ORS 468 & ORS 468A
Stats. Implemented: ORS
				  468A.025
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 254 - RULES FOR INDIRECT SOURCES › Section 340-254-0030 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
The definitions in OAR
				340-200-0020,
				340-204-0010  and this
				rule apply to this division. If the same term is defined in this rule and
				340-200-0020 or
				340-204-0010, the
				definition in this rule applies to this division.
(1) "Associated Parking" means a Parking
			 Facility or facilities owned, operated, and/or used in conjunction with an
			 Indirect Source.
(2) "Average Daily
			 Traffic" means the total traffic volume during a given time period in whole
			 days greater than one day and less than one year divided by the number of days
			 in that time period, commonly abbreviated as ADT.
(3) "Commence Construction" means to begin to
			 engage in a continuous program of on-site construction or on-site
			 modifications, including site clearance, grading, dredging, or landfilling in
			 preparation for the construction, installation, or modification of an Indirect
			 Source. Interruptions and delays resulting from natural disasters, strikes,
			 litigation, or other matters beyond the control of the owner shall be
			 disregarded in determining whether a construction or modification program is
			 continuous.
(4) "Department" means
			 the Department of Environmental Quality.
(5) "Director" means the Director of the
			 Department or Regional Authority and authorized deputies or officers.
(6) "Indirect Source" means a facility,
			 building, structure, or installation, or any portion or combination thereof,
			 which indirectly causes or may cause Mobile Source activity that results in
			 emissions of an air contaminant for which there is a National Ambient Air
			 Quality Standard. Such Indirect Sources shall include, but not be limited to:
(a) Parking Facilities;
(b) Retail, Commercial, and Industrial
			 Facilities;
(c) Recreation,
			 Amusement, Sports, and Entertainment Facilities;
(d) Office and Government
			 Buildings;
(e) Educational
			 Facilities;
(f) Hospital
			 Facilities.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 254 - RULES FOR INDIRECT SOURCES › Section 340-254-0040 - Indirect Sources Required to Have Indirect Source Construction Permits

Current through Register Vol. 63, No. 7, July 1, 2024
The owner, operator, or developer of an Indirect Source
				identified in section
(1) of this
			 rule shall not commence construction of such a source without an approved
			 Indirect Source Construction Permit issued by the Department or Regional
			 Authority having jurisdiction.
(1)
			 All Indirect Sources meeting the criteria of this section relative to type,
			 location, size, and operation are required to apply for an Indirect Source
			 Construction Permit: The following sources that are located within the
			 boundaries of a Carbon Monoxide nonattainment area or maintenance area
			 identified in the State Implementation Plan, provided that such areas include
			 at least one city containing 50,000 or more Population within the city's
			 municipal boundary, including but not limited to Portland, Salem, Medford and
			 Eugene. Any Parking Facility or other Indirect Source with Associated Parking
			 being constructed or modified to create new or additional parking or Associated
			 Parking, capacity of 1000 or more Parking Spaces, except within the Central
			 City area of Portland as defined in the Carbon Monoxide Maintenance Plan and
			 Redesignation Request for the Portland (Metro) Area, where the minimum number
			 of Parking Spaces associated with an Indirect Source requiring Department
			 approval shall be 800.
(2) Where an
			 Indirect Source is constructed or modified in increments which individually are
			 not subject to review under this rule, and which are not part of a program of
			 construction or modification in planned incremental phases approved by the
			 Director, all such increments commenced after January 1, 1975, shall be added
			 together for determining the applicability of this rule.
(3) An Indirect Source Construction Permit
			 may authorize more than one phase of construction where commencement of
			 construction or modification of successive phases will begin over acceptable
			 periods of time referred to in the permit; and thereafter construction or
			 modification of each phase may be begun without the necessity of obtaining
			 another permit.
Stat. Auth.: ORS 468.020, ORS 468.065, ORS 468A.040 & ORS
				  468A.055
Stats. Implemented: ORS 468.020, ORS 468.065 & ORS
				  468A.040
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 254 - RULES FOR INDIRECT SOURCES › Section 340-254-0050 - Indirect Source Permit Application Process

Current through Register Vol. 63, No. 7, July 1, 2024
Persons applying for an Indirect Source Permit shall at the
				time of application pay the following fees:
(1) Filing Fee of $100;
(2) Basic Application Processing Fee of
			 $500;
(3) Extended Analysis
			 Processing Fee of $2000 may be required of applicants with parking facilities
			 of 800 or greater spaces if those facilities are in Sensitive Areas.
Stat. Auth.: ORS 468.065
Stats. Implemented: ORS
				  468A.040
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 254 - RULES FOR INDIRECT SOURCES › Section 340-254-0060 - Indirect Source Construction Permit Application Requirements for Parking Facilities

Current through Register Vol. 63, No. 7, July 1, 2024
(1) For
			 Parking Facilities subject to this regulation, the following information shall
			 be submitted to the Department:
(a) A
			 completed Short Form Application;
(b) A map showing the location of the
			 site;
(c) A description of the
			 proposed and prior use of the site;
(d) A site plan showing the location and
			 quantity of Parking Spaces at the Indirect Source and Associated Parking area,
			 points of motor vehicle ingress and egress to and from the site and Associated
			 Parking;
(e) An estimate of the
			 annual average weekday Vehicle Trips generated by the movement of Mobile
			 Sources to and from the Parking Facility and/or Associated Parking Facility for
			 the first and fifth years after completion of each planned incremental phase of
			 the Indirect Source;
(f) A
			 description of the availability and type of mass transit presently serving or
			 projected to serve the proposed Indirect Source. This description shall include
			 mass transit operation within 1/4 mile of the boundary of the Indirect
			 Source;
(g) Such additional
			 information as may be required when there is reasonable basis for concluding:
(A) That the Indirect Source may cause or
			 contribute to a violation of the Clean Air Act Implementation Plan for Oregon;
			 or
(B) That the Indirect Source may
			 cause or contribute to a delay in the attainment of or a violation of any
			 applicable ambient air quality standard; or
(C) That the information is necessary to
			 determine whether the proposed Indirect Source may cause or contribute to any
			 such delay or violation. The Department shall base such conclusion on any
			 reliable information, including but not limited to ambient air monitoring,
			 traffic volume, traffic speed, or air quality projections based
			 thereon.
(D) The additional
			 information that may be required as a condition precedent to issuance of a
			 permit may include any of that information required to be submitted in a Long
			 Form Application by section (2) of this rule.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 254 - RULES FOR INDIRECT SOURCES › Section 340-254-0070 - Issuance or Denial of Indirect Source Construction Permits

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Issuance of an
			 Indirect Source Construction Permit shall not relieve the permittee from
			 compliance with other applicable provisions of the Clean Air Act Implementation
			 Plan for Oregon.
(2) Within 20 days
			 after receipt of a complete permit application, the Department or Regional
			 Authority having jurisdiction shall:
(a) Issue
			 a 20 day notice and notify appropriate newspapers and any interested Person(s)
			 who has requested to receive such notices in each region in which the proposed
			 Indirect Source is to be constructed of the opportunity for written public
			 comment on the information submitted by the applicant, the Department's
			 evaluation of the proposed project, the Department's proposed decision, and the
			 Department's proposed construction permit where applicable;
(b) Make publicly available in at least one
			 location in each Department region in which the proposed Indirect Source would
			 be constructed, the information submitted by the applicant, the Department's
			 evaluation of the proposed project, the Department's proposed decision, and the
			 Department's proposed construction permit where applicable.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 254 - RULES FOR INDIRECT SOURCES › Section 340-254-0080 - Permit Duration

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An
			 Indirect Source Construction Permit issued by the Department or a Regional
			 Authority having jurisdiction shall remain in effect until modified or revoked
			 by the Department or such Regional Authority.
(2) The Department or Regional Authority
			 having jurisdiction may revoke the permit of any Indirect Source operating in
			 violation of the construction, modification, or operation conditions set forth
			 in this permit.
(3) An approved
			 permit may be conditioned to expire if construction or modification is not
			 commenced within 18 months after receipt of the approved permit; and, in the
			 case of a permit granted covering construction or modification in approved,
			 planned incremental phases, a permit may be conditioned to expire as to any
			 such phase as to which construction or modification is not commenced within 18
			 months of the time period stated in the initial permit for the commencing of
			 construction of that phase. The Director may extend such time period upon a
			 satisfactory showing by the permittee that an extension is justified.
Stat. Auth.: ORS 468.020, ORS 468.065, ORS 468A.040 & ORS
				  468A.055
Stats. Implemented: ORS 468.020, ORS 468.065 & ORS
				  468A.040
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 255 - DIESEL EMISSIONS MITIGATION GRANT PROGRAM › Section 340-255-0010 - Overview

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Purpose. The
			 purpose of this division is to establish the Diesel Emissions Mitigation Grant
			 Program, a grant program and eligibility requirements for owners and operators
			 of diesel engines to retrofit, repower or replace diesel vehicles and equipment
			 to reduce diesel emissions in Oregon, using funds from the Environmental
			 Mitigation Trust Agreement.
(2)
			 Background. The 2017 Oregon Legislature adopted Senate Bill 1008 that
			 authorizes DEQ to establish a grant program to reduce diesel emissions from at
			 least 450 school buses in Oregon. The 2019 Oregon Legislature adopted House
			 Bill 2007, which authorizes DEQ to establish a grant program to reduce diesel
			 emissions and preferences for projects. These bills are now codified as part of
			 ORS
			 468A.795 through
			 468A.810.
(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
				  468A.805
Statutes/Other Implemented: ORS
				  468A.805
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 255 - DIESEL EMISSIONS MITIGATION GRANT PROGRAM › Section 340-255-0030 - Projects Eligible for Grant Funding

Current through Register Vol. 63, No. 7, July 1, 2024
To be eligible for a grant using funds from the Diesel
				Emissions Mitigation Grant Program a project must:
(1) Qualify as an Eligible Mitigation Action;
(2) Be either:
(a) A project to retrofit, replace or repower
			 eligible equipment; or
(b) A
			 project that otherwise qualifies for funding under the DERA grant program;
			 and
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 255 - DIESEL EMISSIONS MITIGATION GRANT PROGRAM › Section 340-255-0040 - Eligible Grant Amounts

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Eligible large trucks that are repowered with any new diesel or alternate
			 fueled engine or all-electric engine or that are replaced with any new diesel
			 or alternate fueled or all-electric vehicle, and using an engine model year in
			 which the repowering or replacement occurs or one engine model year prior, are
			 eligible for the following amounts of grant funding:
(a) For non-government owned eligible large
			 trucks that are not drayage trucks, approved applications may receive a maximum
			 reimbursement in the amount of:
(A) Up to 40%
			 of the cost of a repower with a new diesel or alternate fueled (for example,
			 CNG, propane, hybrid) engine, including the costs of installation of such
			 engine.
(B) Up to 25% of the cost
			 of a new diesel or alternate fueled (for example, CNG, propane, hybrid)
			 vehicle.
(C) Up to 75% of the cost
			 of a repower with a new all-electric engine, including the costs of
			 installation of such engine, and charging infrastructure associated with the
			 new all-electric engine.
(D) Up to
			 75% of the cost of a new all-electric vehicle, including charging
			 infrastructure associated with the new all-electric vehicle.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 255 - DIESEL EMISSIONS MITIGATION GRANT PROGRAM › Section 340-255-0050 - Application Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
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;
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 255 - DIESEL EMISSIONS MITIGATION GRANT PROGRAM › Section 340-255-0060 - Application review process

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 255 - DIESEL EMISSIONS MITIGATION GRANT PROGRAM › Section 340-255-0070 - Grant Application Schedules and Grant Awards

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 256 - MOTOR VEHICLES › Section 340-256-0100 - Visible Emissions: General Requirements, Exclusions

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 256 - MOTOR VEHICLES › Section 340-256-0110 - Visible Emissions: Special Requirements for Excluded Motor Vehicles

Current through Register Vol. 63, No. 7, July 1, 2024
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.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 256 - MOTOR VEHICLES › Section 340-256-0130 - Visible Emissions: Motor Vehicle Fleet Operation

Current through Register Vol. 63, No. 7, July 1, 2024
(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
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 256 - MOTOR VEHICLES › Section 340-256-0140 - Visible Emissions: Dealer Compliance

Current through Register Vol. 63, No. 7, July 1, 2024
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
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 256 - MOTOR VEHICLES › Section 340-256-0150 - Visible Emissions: Opacity Method of Measurement

Current through Register Vol. 63, No. 7, July 1, 2024
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.]
Publications: Publications referenced are available from the
				  agency.
Statutory/Other Authority: ORS 468 & 468A
Statutes/Other Implemented: ORS
				  468A.360
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 256 - MOTOR VEHICLES › Section 340-256-0160 - Visible Emissions: Alternative Methods of Measuring Visible Emissions

Current through Register Vol. 63, No. 7, July 1, 2024
(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
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 256 - MOTOR VEHICLES › Section 340-256-0200 - Certification of Pollution Control Systems: County Designations

Current through Register Vol. 63, No. 7, July 1, 2024
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
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 256 - MOTOR VEHICLES › Section 340-256-0210 - Certification of Pollution Control Systems: Criteria for Certification of Motor Vehicle Pollution Control Systems

Current through Register Vol. 63, No. 7, July 1, 2024
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.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 256 - MOTOR VEHICLES › Section 340-256-0220 - Compliance With Oregon Low Emission Vehicle Program

Current through Register Vol. 63, No. 7, July 1, 2024
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
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 256 - MOTOR VEHICLES › Section 340-256-0300 - Emission Control System Inspection: Scope

Current through Register Vol. 63, No. 7, July 1, 2024
Under ORS
				468A.350 to
				468A.400,
				803.350,
				and
				815.295 to
				815.325,
				OAR 340-256-0300  through 340-256-0465  establish the criteria, methods, and
				standards for inspecting motor vehicles to determine eligibility for obtaining
				a Certificate of Compliance or inspection. Any person subject to these rules
				must obtain a Certificate of Compliance as required under ORS
				803.350.
				Any person seeking an exemption from the inspection requirements of this rule
				must prepare and submit to DEQ or DMV a statement describing the grounds for
				the exemption on forms as provided by DEQ or DMV.
(1) Except as provided in section (3) of this
			 rule, any person owning or leasing 1975 and newer model year vehicles in the
			 Portland Vehicle Inspection Area must ensure the vehicles meet the requirements
			 of one of the following emission tests:
(a)
			 Basic test. A light duty vehicle of the model years specified in this paragraph
			 must meet the basic test requirements of OAR 340-256-0340, 340-256-0380, and
			 340-256-0400.
(A) Gasoline model year 1975
			 through 1995
(B) Diesel model year
			 1975 through 1996