reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 259 - CLEAN DIESEL GRANT AND LOAN RULES › Section 340-259-0025 - Determining the Cost Effectiveness Threshold for a Repower or Retrofit

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Except as
			 adjusted under section (2) of this rule, the cost effectiveness threshold is
			 $250,000 per ton of diesel particulate matter reduced for the calendar year
			 2008 and thereafter.
(2) On an
			 annual basis, the Department may calculate an adjustment of the Cost
			 Effectiveness Threshold amount specified in section (1) of this rule based upon
			 the increase or decrease (if any) from August of the preceding year to August
			 of the year in which the calculation is made in the U.S. City Average Consumer
			 Price Index for All Urban Consumers for All Items as prepared by the Bureau of
			 Labor Statistics of the United States Department of Labor or its
			 successor.
Stat. Auth.: OL 2007, Ch. 855 (HB 2172 (2007))
Stats. Implemented: OL 2007, Ch. 855 (HB 2172
				  (2007))
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 259 - CLEAN DIESEL GRANT AND LOAN RULES › Section 340-259-0030 - Standards for Qualifying Repowers and Retrofits

Current through Register Vol. 63, No. 7, July 1, 2024
(1) To qualify for a grant or loan under this
			 division, the repower or retrofit must:
(a)
			 Be either a repower of a nonroad Oregon diesel engine or a retrofit of an
			 Oregon diesel engine;
(b) For a
			 retrofit, use technologies:
(A) Verified by
			 the United States Environmental Protection Agency pursuant to its January 22,
			 2002 Final Draft Testing Protocol "Generic Verification Protocol for Diesel
			 Exhaust Catalysts, Particulate Filters, and Engine Modification Control
			 Technologies for Highway and Nonroad Use Diesel Engines' or its September 2003
			 "Generic Verification Protocol for Determination of Emissions Reductions
			 Obtained by Use of Alternative or Reformulated Liquid Fuels, Fuel Additives,
			 Fuel Emulsions, and Lubricants for Highway and Nonroad Use Diesel Engines and
			 Light Duty Gasoline Engines and Vehicles;'
(B) Verified by the California Air Resources
			 Board pursuant to Title 13, California Code of Regulations, Chapter 14,
			 "Verification Procedure, Warranty and In-Use Compliance Requirements for In-Use
			 Strategies to Control Emissions from Diesel Engines," as in effect on June 18,
			 2008; or
(C) Determined by the
			 Department to have been verified through an equivalent emission testing
			 program;
(c) Reduce
			 diesel particulate matter emissions by at least 25 percent compared to baseline
			 emissions for the engine year and specific installation; and
(d) Be installed by a Qualified
			 Installer.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 259 - CLEAN DIESEL GRANT AND LOAN RULES › Section 340-259-0035 - Standards for Qualifying Oregon Diesel Truck Engine Scrapping Projects

Current through Register Vol. 63, No. 7, July 1, 2024
(1) In order to
			 qualify for an Oregon diesel truck engine scrapping grant, the engine to be
			 scrapped must:
(a) Have been manufactured
			 prior to 1994;
(b) Be in an
			 operating condition at the time of the grant application or, if repairs are
			 needed, the owner must demonstrate to the Department's satisfaction that the
			 engine can be repaired to an operating condition for less than its commercial
			 scrap value;
(c) Have been used in
			 Oregon at least 50 percent of the time, as measured by miles driven or hours
			 operated, for the two years preceding the scrapping of the engine;
			 and
(d) Have been insured for
			 driving for the two years preceding the scrapping.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 259 - CLEAN DIESEL GRANT AND LOAN RULES › Section 340-259-0040 - Approval Preferences for Grant and Loan Awards

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Subject to OAR
			 340-259-0045  to
			 340-259-0055,
			 the Department may award grants and loans under this division based on all the
			 following preferences, or may award grants and loans in a simplified year-round
			 process that uses only the preferences in subsections (1)(a)-(c) of this
			 section:
(a) Percent of engine use in
			 Oregon;
(b) Benefit to sensitive
			 populations or areas with elevated concentrations of diesel particulate
			 matter;
(c) Cost
			 effectiveness;
(d) Length of
			 project benefits;
(e) Commitment of
			 funding, expertise, materials, labor or other assistance from third
			 parties;
(f) Commitment to making
			 additional air quality improvements such as, but not limited to participating
			 in Oregon's Clean Fleets Recognition Program, EPA's SmartWay Transport
			 Partnership, having a policy that specifies replacement of old equipment or
			 reduces idling, or conducting a fleet analysis;
(g) Amount of emissions reductions in
			 Oregon;
(h) The applicant's past
			 grant or loan performance, such as maintenance and recordkeeping;
(i) Capacity to complete and maintain the
			 repower, retrofit or scrapping project effectively; and
(j) Other preferences the Department may
			 specify.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 259 - CLEAN DIESEL GRANT AND LOAN RULES › Section 340-259-0045 - Grant and Loan Award Process

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 The Department will determine the amount of grants and loans available, and
			 may:
(a) Allocate funds for specific engine
			 types, geographic areas, or other specific purposes.
(b) Establish and publish public notice of
			 deadlines for submission of applications.
(c) Make funds available for year-round
			 application submissions. When a year-round process is used:
(A) Completed applications will be reviewed
			 in the order they are received; and
(B) Funds will be awarded until they are no
			 longer available.
(d)
			 Make funds available through grant rounds. When grant rounds are used:
(A) Completed applications received by the
			 published deadline will be reviewed without preference for date of
			 receipt;
(B) The Department may
			 rank projects for purposes of grant and loan awards; and
(C) The Department will establish a maximum
			 funding amount for each grant round that is less than the Department's
			 available funding.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 259 - CLEAN DIESEL GRANT AND LOAN RULES › Section 340-259-0050 - Application Procedures

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An
			 application for a grant or loan for a qualifying repower or retrofit must
			 include:
(a) The name and address of the
			 applicant;
(b) A complete budget
			 for the proposed repower or retrofit, including a list of the different costs
			 that comprise the total budget;
(c)
			 A workplan and schedule for completion of the proposed repower or
			 retrofit;
(d) A statement of the
			 amount and source of any existing financial incentives from public funds that
			 directly reduce the cost of the proposed repower or retrofit, including tax
			 credits, grants, loans or any other public financial assistance;
(e) Any information requested by the
			 Department that is necessary to evaluate the proposed repower or retrofit based
			 on the approval preferences for grant and loan awards pursuant to
			 340-259-0040;
(f) Documentation that the proposed repower
			 or retrofit meets the standards of a qualifying repower or retrofit pursuant to
			 OAR
			 340-259-0030;
(g) The manufacturer name and serial number
			 of the engine to be retrofitted or the engine, electric motors, drives or fuel
			 cells to be installed as a repower, and, if available, the federal
			 Environmental Protection Agency diesel engine family number;
(h) For the vehicle or equipment on which the
			 repower or retrofit will be performed, the vehicle identification number or
			 identification number, and license plate number for licensed motor
			 vehicles;
(i) For a retrofit,
			 documentation that the retrofit will use the greatest degree of emissions
			 reduction available for the particular application of the equipment retrofitted
			 that meets the cost-effectiveness threshold;
(j) For a repower, documentation that the
			 repower will have a minimum seven-year useful life.
(k) A statement by the applicant that at
			 least 50 percent of the use of the engine, as measured by miles driven or hours
			 operated, will occur in Oregon for the three years following the repowering or
			 retrofitting of the engine;
(l) The
			 applicant's signature attesting that the application is true and correct;
			 and
(m) Any additional information
			 the Department may require.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 259 - CLEAN DIESEL GRANT AND LOAN RULES › Section 340-259-0055 - Review and Approval or Denial

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Within 30 days of determining that it
			 does not require any additional information and that the application is
			 complete pursuant to OAR
			 340-259-0050(4),
			 the Department must provide written notice to the applicant of whether it has
			 approved or denied the application, and if approved, the amount of the grant or
			 loan.
(2) The Department will
			 approve or deny completed applications based on funding availability,
			 application content, whether the project meets the standards of a qualified
			 repower, retrofit or Oregon diesel truck engine scrapping project, and
			 approvalpreferences for grant and loan awards pursuant to
			 340-259-0040.
(3) For approved applications, the Department
			 may award grants and loans in amounts less than requested by the applicant. The
			 Department determination the amount of the grant or loan based on funding
			 availability, application content, and approval preferences for grant and loan
			 awards pursuant to
			 340-259-0040.
(4) Applications that are denied due to lack
			 of funding may be resubmitted if the Department obtains additional
			 funding.
Stat. Auth.: OL 2007, Ch. 855 (HB 2172 (2007)).
Stats. Implemented: OL 2007, Ch. 855 (HB 2172 (2007))
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 259 - CLEAN DIESEL GRANT AND LOAN RULES › Section 340-259-0060 - Grant or Loan Agreements and Conditions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Following approval of the application for
			 a repower or retrofit grant or loan pursuant to OAR
			 340-259-0055,
			 the Department and the applicant will enter into an agreement with the
			 following terms and conditions:
(a)
			 Recordkeeping requirements;
(b)
			 Maintenance requirements;
(c) End
			 date - term of project;
(d) Method
			 of payment;
(e) Audit by the
			 Department; and
(f) Other terms and
			 conditions necessary to monitor compliance with applicable requirements of the
			 grant or loan.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 259 - CLEAN DIESEL GRANT AND LOAN RULES › Section 340-259-0065 - Certification as a Clean Diesel Service Provider

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Department may certify a person as a
			 Clean Diesel Service Provider.
(2)
			 A Clean Diesel Service Provider must:
(a)
			 Provide applicants with information about Department tax credit, grant, and
			 loan regulations applicable to the repower or retrofit, and may assist
			 applicants with the tax credit, grant, and loan application forms;
(b) Install repowers and retrofits according
			 to tax credit, grant, and loan regulations;
(c) Provide applicants with warranty
			 information, estimated annual maintenance costs, an anticipated maintenance
			 schedule, and any other information needed to maintain performance of the
			 repower or retrofit; and
(d) Verify
			 the quality and performance of an installation.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 260 - REFRIGERANT RECYCLING AND OZONE-DEPLETING SUBSTANCE REQUIREMENTS › Section 340-260-0010 - Purpose and Applicability

Current through Register Vol. 63, No. 7, July 1, 2024
The purpose of OAR
				340-260-0010 through
				340-260-0030 is to reduce the use of stratospheric ozone depleting chemicals, to recycle
				those chemicals already in use, and to encourage the use of less dangerous
				chemicals. The Environmental Quality Commission having determined that
				equipment for the recovery and recycling of chlorofluorocarbons from automobile
				air conditioners is affordable and available, intends that
				340-260-0010 through
				340-260-0030 apply to persons handling automobile air conditioners.
Stat. Auth.: ORS 468 & ORS 468A
Stats. Implemented: ORS
				  468A.025
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 260 - REFRIGERANT RECYCLING AND OZONE-DEPLETING SUBSTANCE REQUIREMENTS › Section 340-260-0020 - 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 this rule
				and
				340-200-0020,
				the definition in this rule applies to this division.
(1) "Automobile" means any self-propelled
			 motor vehicle used for transporting persons or commodities on public
			 roads.
(2) "Chlorofluorocarbons
			 (CFC)" includes:
(a) CFC-11
			 (trichlorofluoromethane);
(b)
			 CFC-12 (dichlorodifluoromethane);
(c) CFC-113
			 (trichlorotrifluoroethane);
(d)
			 CFC-114 (dichlorotetrafluoroethane); and
(e) CFC-115
			 ((mono)chloropentafluoroethane).
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 260 - REFRIGERANT RECYCLING AND OZONE-DEPLETING SUBSTANCE REQUIREMENTS › Section 340-260-0030 - Requirement for Recycling Automobile Air Conditioning Coolant

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Except as
			 provided in section (2) of this rule no person shall engage in the business of
			 installing, servicing, repairing, disposing of, or otherwise treating
			 automobile air conditioners without recovering and recycling CFC.
(2) Any automobile repair shop that has:
(a) Fewer than four employees; or
(b) Fewer than three covered bays shall
			 comply with the provisions of section (1) of this rule after August 10,
			 1992.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 260 - REFRIGERANT RECYCLING AND OZONE-DEPLETING SUBSTANCE REQUIREMENTS › Section 340-260-0040 - Federal Regulations Adopted by Reference

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Except as provided in Section (2) of this
			 rule,
4 0 CFR Part 82  (July 1, 1994)
is by this reference adopted
			 and incorporated herein for major sources only, for purposes of implementing a
			 stratospheric ozone protection program that meets the requirements of title VI
			 of the Clean Air Act.
(2) Where
			 "Administrator" or "EPA" appears in
40 CFR Part 82
, "Department"
			 shall be substituted, except in any section of 4
0 CFR Part 82
for
			 which a federal rule or delegation specifically indicates that authority will
			 not be delegated to the state.
(3)
			 Where a discrepancy is determined to exist between OAR
			 340-260-0010  through
			 340-260-0030  and
4   0 CFR Part 82
,
40 CRF Part 82
will
			 apply.
Stat. Auth.: ORS 468.020 & ORS 468A.310(2)
Stats. Implemented: ORS
				  468.310
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 261 - EMISSION STANDARDS FOR NEW HEAVY-DUTY TRUCKS › Section 340-261-0010 - Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
The purpose of this division is to establish Oregon heavy-duty
				engine and vehicle standards that incorporate California engine and vehicle
				emission standards as required under section 177 of the federal Clean Air Act.
				These standards establish criteria and procedures for the manufacture, testing,
				distribution and sale of new on-highway medium- and heavy-duty trucks and
				engines in Oregon as listed in OAR 340-261-0050.
Statutory/Other Authority: ORS
				  468.020, ORS
				  468A.025,
				  468A.050,
				  468A.279  & 468A.360
Statutes/Other Implemented: ORS
				  468A.025,
				  468A.050,
				  468A.279,
				  468A.360,
				  ORS
				  468A.010 &
				  468A.015
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 261 - EMISSION STANDARDS FOR NEW HEAVY-DUTY TRUCKS › Section 340-261-0020 - Applicability

Current through Register Vol. 63, No. 7, July 1, 2024
This division is in effect as of January 1, 2022 and applies to
				and establishes requirements for medium- and heavy-duty truck, engine and
				trailer manufacturers, Oregon truck dealers, all 2024 and subsequent model year
				on-highway heavy-duty engines, and all 2025 and subsequent model year trucks
				and trailers delivered for sale or sold in the State of Oregon, except as
				provided in OAR 340-261-0060  Exemptions.
Statutory/Other Authority: ORS
				  468.020, ORS
				  468A.025  & 468A.360
Statutes/Other Implemented: ORS
				  468A.025,
				  468A.360,
				  ORS
				  468A.010,
				  468A.015,
				  468A.050  & 468A.279
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 261 - EMISSION STANDARDS FOR NEW HEAVY-DUTY TRUCKS › Section 340-261-0030 - Definitions and Abbreviations

Current through Register Vol. 63, No. 7, July 1, 2024
The definitions in OAR 340-200-0020, the definitions in the
				sections of CCR, Titles 13 and 17, incorporated by reference in OAR
				340-261-0050, and the definitions in this rule apply to this division. If the
				same term is defined in different passages, the definitions in this rule apply
				first, followed by definitions in the CCR Title 13 sections incorporated by
				reference, followed by the definitions in the CCR Title 17 sections
				incorporated by reference, and finally the definitions in OAR
				340-200-0020.
(1) "CARB" means
			 California Air Resources Board.
(2)
			 "CCR" means California Code of Regulations.
(3) "Transit agency" means a public entity
			 responsible for administering and managing transit services. Public transit
			 agencies can directly operate transit service or contract out for all or part
			 of the total transit service provided.
Statutory/Other Authority: ORS
				  468.020, ORS
				  468A.025  & 468A.360
Statutes/Other Implemented: ORS
				  468A.025,
				  468A.360,
				  ORS
				  468A.010,
				  468A.015,
				  468A.050  & 468A.279
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 261 - EMISSION STANDARDS FOR NEW HEAVY-DUTY TRUCKS › Section 340-261-0040 - Requirement to Meet California Vehicle Emission Standards

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Starting with
			 the 2024 engine model year and for each engine model year thereafter no person
			 may deliver for sale, or sell, in Oregon any new on-highway heavy-duty engine
			 unless such engine is certified to the California emission standards as
			 required under OAR 340-261-0050, except as provided in OAR 340-261-0060,
			 Exemptions.
(2) Starting with the
			 2025 model year and for each model year thereafter no person may deliver for
			 sale, or sell, in Oregon any new medium- or heavy duty truck or trailer unless
			 such vehicle is certified to the California emission standards as required
			 under OAR 340-261-0050, except as provided in OAR 340-261-0060,
			 Exemptions.
(3) All motor medium-
			 and heavy-duty truck and trailer manufacturers and dealers must comply with the
			 sales and reporting requirements contained in this division.
Statutory/Other Authority: ORS
				  468.020, ORS
				  468A.025  & 468A.360
Statutes/Other Implemented: ORS
				  468A.025,
				  468A.360,
				  ORS
				  468A.010,
				  468A.015,
				  468A.050  & 468A.279
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 261 - EMISSION STANDARDS FOR NEW HEAVY-DUTY TRUCKS › Section 340-261-0060 - Exemptions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) All exemptions
			 in the California rules adopted under by reference apply with the exception of
			 the transit agency diesel-fueled bus and engine exemption described in CCR,
			 Title 13, section 1956.8(a)(2)(F).
(2) New diesel-fueled buses sold to any
			 transit agency are exempt from OAR 340-261-0050.
(3) Emergency vehicles, as defined in ORS
			 801.260,
			 and ambulances, as defined in ORS
			 801.115,
			 are exempt from OAR 340-261-0050.
Statutory/Other Authority: ORS
				  468.020,
				  468A.025  & 468A.360
Statutes/Other Implemented: 468A.025, 468A.360, ORS
				  468A.010,
				  468A.015,
				  468A.050  & 468A.279
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 261 - EMISSION STANDARDS FOR NEW HEAVY-DUTY TRUCKS › Section 340-261-0070 - Recalls

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Any order
			 issued or enforcement action taken by CARB to correct noncompliance with any
			 section of CCR, Title 13, that results in the recall of any vehicle as required
			 under CCR, Title 13, sections 2109-2135, for a vehicle subject to the
			 requirements adopted by reference in OAR 340-261-0050, will be
prima
			 facie
evidence concerning vehicles registered in Oregon. If the
			 manufacturer can demonstrate to DEQ's satisfaction that the order or action is
			 not applicable to vehicles registered in Oregon, DEQ will not pursue a recall
			 of vehicles registered in Oregon.
(2) Any voluntary or influenced
			 emission-related recall campaign initiated by any manufacturer as required
			 under CCR, Title 13, sections 2113 - 2121, for vehicles subject to the
			 requirements adopted by reference in OAR 340-261-0050, must extend to all
			 applicable vehicles registered in Oregon. If the manufacturer can demonstrate
			 to DEQ's satisfaction that said campaign is not applicable to vehicles
			 registered in Oregon, the campaign will not apply in Oregon.
(3) For vehicles subject to an order of
			 enforcement action under section (1) of this rule, each manufacturer must send
			 to owners of vehicles registered in the State of Oregon a notice that complies
			 with the requirements in CCR, Title 13, sections 2118 or 2127. The manufacturer
			 must provide a telephone number that Oregon consumers can use to learn answers
			 to questions about any recall that affects Oregon vehicles.
Statutory/Other Authority: ORS
				  468.020, ORS
				  468A.025  & 468A.360
Statutes/Other Implemented: ORS
				  468A.025,
				  468A.360,
				  ORS
				  468A.010,
				  468A.015,
				  468A.050  & 468A.279
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 261 - EMISSION STANDARDS FOR NEW HEAVY-DUTY TRUCKS › Section 340-261-0080 - Inspections and Information Requests

Current through Register Vol. 63, No. 7, July 1, 2024
(1) DEQ may inspect new and used motor
			 vehicles and related records for the purposes of determining compliance with
			 the requirements of this division. DEQ inspections will occur during regular
			 business hours on public property or on any premises owned, operated or used by
			 any truck dealer or truck rental agency for the purposes of determining
			 compliance with the requirements of this division.
(2) For the purposes of determining
			 compliance with this division, DEQ may require any truck dealer or truck rental
			 agency to submit to DEQ any documentation that DEQ deems necessary to the
			 effective administration and enforcement of this division. This provision does
			 not require creation of new records.
Statutory/Other Authority: ORS
				  468.020, ORS
				  468A.025  & 468A.360
Statutes/Other Implemented: ORS
				  468A.025,
				  468A.360,
				  ORS
				  468A.010,
				  468A.015,
				  468A.050  & 468A.279
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 261 - EMISSION STANDARDS FOR NEW HEAVY-DUTY TRUCKS › Section 340-261-0090 - Severability

Current through Register Vol. 63, No. 7, July 1, 2024
Eachrequirement of this division is severable, and if any
				requirement of this division is held invalid, the remainder or the requirements
				in this division will continue in full force and effect.
Statutory/Other Authority: ORS
				  468.020, ORS
				  468A.025  & 468A.360
Statutes/Other Implemented: ORS
				  468A.025,
				  468A.360,
				  ORS
				  468A.010,
				  468A.015,
				  468A.050  & 468A.279
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 262 - HEAT SMART PROGRAM FOR RESIDENTIAL WOODSTOVES AND OTHER SOLID FUEL HEATING DEVICES › Section 340-262-0400 - Purpose and Applicability of Rules

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The State of Oregon promotes the use of
			 cleaner solid fuel burning devices to reduce smoke created from wood heating
			 and other solid fuels. Smoke from wood burning can be a significant source of
			 air pollution and can have serious health consequences for people with asthma,
			 respiratory or heart conditions or other illnesses. Children and the elderly
			 are especially at risk.
(2) This
			 Division regulates the sale and use of residential and commercial solid fuel
			 burning devices to implement Oregon's air quality regulations for public health
			 and safety.
(3) Subject to the
			 requirements in this Division and ORS 468A.100 through 468A.180, the Lane
			 Regional Air Protection Agency is designated by the Environmental Quality
			 Commission as the agency responsible for implementing this Division within its
			 area of jurisdiction. The Regional Agency must implement the requirements and
			 procedures contained in this Division unless the Regional Agency adopts
			 superseding rules at least as restrictive as this Division.
This rule is included in the State of Oregon Clean Air Act
				  Implementation Plan as adopted by the Environmental Quality Commission under
				  OAR
				  340-200-0040.
Stat. Auth.: ORS 468 & 468A
Stats. Implemented: ORS 468A.460 - 468A.515, 468A.100 -
				  468A.180
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 262 - HEAT SMART PROGRAM FOR RESIDENTIAL WOODSTOVES AND OTHER SOLID FUEL HEATING DEVICES › Section 340-262-0450 - 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 OAR 340-0200-0020 and this rule define
				the same term, the definition in this rule applies to this division.
(1) "Antique woodstove" means a woodstove
			 built before 1940 that has an ornate construction and a current market value
			 substantially higher than a common woodstove manufactured during the same
			 period.
(2) "Central wood-fired
			 furnace" means an indoor, wood-fired furnace that is thermostatically
			 controlled, has a dedicated cold air inlet and dedicated hot air outlet, and is
			 connected to heating ductwork for the entire residential structure.
(3) "CFR" means Code of Federal Regulations.
(4) "Consumer" means a person who
			 buys a solid fuel burning device for personal use.
(5) "Cookstove" means an indoor wood-burning
			 appliance designed for the primary purpose of cooking food.
(6) "Dealer" means a person that sells solid
			 fuel burning devices to retailers or other dealers for resale. For the purpose
			 of this Division, a dealer that is also an Oregon retailer will be considered
			 to be only a retailer.
(7) "DEQ"
			 means Oregon Department of Environmental Quality.
(8) "Destroy" means to demolish or
			 decommission to the extent that restoration or reuse as a heating device is
			 impossible.
(9) "EPA" means United
			 States Environmental Protection Agency.
(10) "EQC" means Environmental Quality
			 Commission.
(11) "Federal
			 Regulations" means  40 CFR, part 60  subpart AAA as in effect on July 1, 2010.
(12) "Fireplace" means a
			 site-built or factory-built masonry fireplace that is designed to be used with
			 an open combustion chamber and that is without features to control air-to-fuel
			 ratios.
(13) "Hydronic heater"
			 means a fuel-burning device which may be equipped with a heat storage unit, and
			 which is designed to:
(a) Burn wood or other
			 automatically fed fuels such as wood pellets, shelled corn, and wood chips;
(b) Be installed according to the
			 manufacturer's specifications either indoors or outdoors; and
(c) Heat building space and/or water via the
			 distribution, typically through pipes, of a fluid heated in the device,
			 typically water or a water/antifreeze mixture.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 262 - HEAT SMART PROGRAM FOR RESIDENTIAL WOODSTOVES AND OTHER SOLID FUEL HEATING DEVICES › Section 340-262-0500 - Certification of Solid Fuel Burning Devices for Sale as New

Current through Register Vol. 63, No. 7, July 1, 2024
(1) By order, the department may certify
			 solid fuel burning devices that have been certified by the United States
			 Environmental Protection Agency as meeting EPA emission performance standards
			 and certification labeling standards pursuant to:
(a)   40 CFR part 60, subpart AAA, as in effect
			 on July 1, 2010; or
(b) Any
			 equivalent or more stringent standard adopted by the United States
			 Environmental Protection Agency subsequent to July 1, 2010.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 262 - HEAT SMART PROGRAM FOR RESIDENTIAL WOODSTOVES AND OTHER SOLID FUEL HEATING DEVICES › Section 340-262-0600 - New and Used Solid Fuel Burning Devices Sold in Oregon

Current through Register Vol. 63, No. 7, July 1, 2024
(1) No person may
			 advertise to sell, offer to sell or sell a new or used solid fuel burning
			 device in Oregon unless:
(a) The device has
			 been certified for sale as new by DEQ pursuant to OAR
			 340-262-0500,
			 or by EPA pursuant to  40 CFR part 60, subpart AAA; and
(b) The device is permanently labeled as
			 certified, or in the case of a hydronic heater is permanently labeled as a
			 Phase 1 or Phase 2 emission level qualified model, with a label authorized by
			 DEQ or EPA.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 262 - HEAT SMART PROGRAM FOR RESIDENTIAL WOODSTOVES AND OTHER SOLID FUEL HEATING DEVICES › Section 340-262-0700 - Removal and Destruction of Used Solid Fuel Burning Devices

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Unless exempt
			 under section (4), when a residential structure is sold in Oregon, all used
			 solid fuel burning devices must be removed and destroyed if the devices were
			 not certified for sale as new by DEQ or EPA and are not permanently labeled as
			 certified, or in the case of a hydronic heater is permanently labeled as a
			 Phase 1 or Phase 2 emission level qualified model, with a label authorized by
			 DEQ or EPA.
(2) The removal and
			 destruction of a used solid fuel burning device is the responsibility of the
			 seller of the residential structure, unless the seller and buyer agree in
			 writing that it is the buyer's responsibility. If the seller retains
			 responsibility, the seller shall remove and destroy the device prior to the
			 closing date of the sale of the residential structure. If the buyer accepts
			 responsibility, the buyer shall remove and destroy the device within 30 days
			 after the closing date of the sale of the residential structure.
(3) The seller or buyer, as determined
			 pursuant to sections (1) and (2), must:
(a)
			 Remove all used solid fuel burning devices on the real property sold with the
			 residential structure, including but not limited to devices in a residence,
			 garage, workshop, outbuilding, or any other structure.
(b) Destroy all used solid fuel burning
			 devices, pursuant to the definition of "destroy" in OAR
			 340-262-0450, by
			 taking them to a facility or entity that will render the devices incapable of
			 being used as heating devices.
(c)
			 Obtain a receipt from the place of destruction that verifies the delivery of
			 all used solid fuel burning devices. The receipt must include:
(A) Date of delivery to place of
			 destruction;
(B) Name and address
			 for the place of destruction; and
(C) Description of all used solid fuel
			 burning devices delivered for destruction.
(d) Notify DEQ of the removal and destruction
			 of all used solid fuel burning devices on DEQ issued paper or electronic forms.
			 The forms will require the following information:
(A) Name, current mailing address, and phone
			 number of the person removing the stove;
(B) Address and tax lot number of the
			 residential structure being sold;
(C) Closing date of sale of the residential
			 structure if the buyer is the responsible party, or the estimated closing date
			 of sale if the seller is the responsible party;
(D) The receipt or receipt information
			 obtained under subsection (3)(c); and
(E) A signed statement certifying that the
			 information is accurate to the best of the certifying individual's
			 knowledge.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 262 - HEAT SMART PROGRAM FOR RESIDENTIAL WOODSTOVES AND OTHER SOLID FUEL HEATING DEVICES › Section 340-262-0800 - Wood Burning and Other Heating Devices Curtailment Program

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
Applicability
.
(a) The wood
			 burning and other heating devices curtailment program applies to any portion of
			 the state where required as an emission reduction strategy or contingency plan
			 for PM10 or PM 2.5nonattainment or maintenance areas as an element of the State
			 of Oregon Clean Air Act Implementation Plan adopted under OAR
			 340-200-0040.
(b) If a local government or regional
			 authority has not adopted or is not adequately implementing a curtailment
			 program in any area of the state where such a program is required, the
			 Department will operate and enforce a program to curtail solid fuel heating
			 during periods of air stagnation.
(c) To determine whether a local government
			 or regional authority has failed to adopt or adequately implement a curtailment
			 program, the Department shall consider whether a local government or regional
			 authority:
(A) Has adopted an ordinance that
			 requires the curtailment of solid fuel heating at forecasted air pollution
			 levels which are consistent with the curtailment conditions and requirements
			 specified in sections (3) and (4);
(B) Is issuing on a daily basis, curtailment
			 advisories to the public consistent with section (5); and
(C) Is conducting surveillance for compliance
			 and is taking adequate enforcement actions consistent with sections (6) to
			 (8).
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 262 - HEAT SMART PROGRAM FOR RESIDENTIAL WOODSTOVES AND OTHER SOLID FUEL HEATING DEVICES › Section 340-262-0900 - Materials Prohibited from Burning

Current through Register Vol. 63, No. 7, July 1, 2024
No person may cause or allow any of the following materials to
				be burned in a solid fuel burning device, fireplace, a trash burner or any
				other device described in ORS 468A.485(4)(b):
(1)
(a)
			 Garbage;
(b) Treated
			 wood;
(c) Plastic or plastic
			 products;
(d) Rubber or rubber
			 products;
(e) Animal
			 carcasses;
(f) Products that
			 contain asphalt;
(g) Waste
			 petroleum products;
(h)
			 Paint;
(i) Chemicals;
(j) Products containing lead, mercury or
			 other heavy or toxic metals;
(k)
			 Materials containing asbestos; and
(l) Particleboard.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 262 - HEAT SMART PROGRAM FOR RESIDENTIAL WOODSTOVES AND OTHER SOLID FUEL HEATING DEVICES › Section 340-262-1000 - Wood Burning Contingency Measures for PM2.5 Nonattainment Areas

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Applicability
This rule applies to any area classified as a nonattainment
				area for PM2.5 that does not achieve attainment by the applicable Clean Air Act
				deadline.
(2) No owner of a
			 residential solid fuel burning device shall allow the appliance to burn
			 creating opacity greater than 20% opacity for more than three minutes in any
			 60-minute period including startup time.
Stat. Auth.: ORS 468 & 468A
Stats. Implemented: ORS 468A.020, 468A.025 & 468A.460 -
				  468A.515
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 264 - RULES FOR OPEN BURNING › Section 340-264-0010 - How to Use These Open Burning Rules

Current through Register Vol. 63, No. 7, July 1, 2024
(1) This division classifies all open burning
			 into one of seven classes: Agricultural; Commercial; Construction; Demolition
			 (which includes land clearing); Domestic (which includes burning commonly
			 called "backyard burning" and burning of yard debris); Industrial; or Slash.
			 Except for field burning within the Willamette Valley regulated through OAR 340
			 division 266 and slash burning administered by the forest practices smoke
			 management plan of the Oregon Department of Forestry, this division prescribes
			 requirements for and prohibitions of open burning for every location in the
			 state. Generally, if a class of open burning is not specifically prohibited in
			 a given location, then it is authorized subject to OAR
			 340-264-0050  and
			 340-264-0060  and the requirements and prohibitions of local jurisdictions and the State Fire
			 Marshal. In addition, some practices specifically mentioned in OAR
			 340-264-0040  are exempted from this division.
(2) Organization of rules:
(a) OAR
			 340-264-0020  is the Policy
			 statement of the EQC setting forth the goals of this division;
(b) OAR
			 340-264-0030  contains
			 definitions of terms that have specialized meanings within the context of this
			 division;
(c) OAR
			 340-264-0040  lists specific types of open burning and practices that are not governed by
			 this division;
(d) OAR
			 340-264-0050  lists general requirements that usually apply to any open burning governed by
			 this division;
(e) OAR
			 340-264-0060  lists general prohibitions that apply to most open burning;
(f) OAR
			 340-264-0070  establishes the open burning schedule based on air quality and meteorological
			 conditions as required by ORS 468A.570;
(g) OAR
			 340-264-0075  allows the delegation of some or all of the open burning authority to be
			 administered by a local jurisdiction;
(h) OAR
			 340-264-0078  contains the legal description of Open Burning Control Areas and maps that
			 generally depict these areas;
(i)
			 OAR
			 340-264-0080  indexes each county of the state to a specific rule giving specific
			 restrictions for each class of open burning applicable in the county;
(j) OAR
			 340-264-0100  through
			 340-264-0170  are rules that give specific restrictions to open burning for each class of
			 open burning in the counties named in each rule;
(k) OAR
			 340-264-0180  provides for a letter permit authorization for open burning under certain
			 circumstances in which open burning otherwise would be prohibited.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 264 - RULES FOR OPEN BURNING › Section 340-264-0020 - Policy

Current through Register Vol. 63, No. 7, July 1, 2024
In order to restore and maintain the quality of the air
				resources of the state in a condition as free from air pollution as is
				practicable, consistent with the overall public welfare of the state, it is the
				policy of the EQC:
(1) To eliminate
			 open burning disposal practices where alternative disposal methods are feasible
			 and practicable;
(2) To encourage
			 the development of alternative disposal methods;
(3) To emphasize resource recovery;
(4) To regulate specified types of
			 open burning;
(5) To encourage
			 utilization of the highest and best practicable burning methods to minimize
			 emissions where other disposal practices are not feasible; and
(6) To require specific programs and
			 timetables for compliance with this division.
NOTE
: This rule is included in the State of Oregon
				Clean Air Act Implementation Plan that EQC adopted under OAR
				340-200-0040.
Stat. Auth.: ORS 468.020 & 468A.025
Stats. Implemented: ORS 468A.025, 468A.035 & 468A.460 -
				  468A.515
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 264 - RULES FOR OPEN BURNING › Section 340-264-0030 - 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) "Agricultural burning for disease or pest
			 control" means open burning of waste infected or infested with a disease or
			 pest for which the County Extension Service or Oregon Department of Agriculture
			 identify as having no other practicable control.
(2) "Agricultural operation" means an
			 activity on land currently used or intended to be used primarily for the
			 purpose of obtaining a profit in money by raising, harvesting and selling crops
			 or by raising and selling livestock or poultry, or the produce thereof, which
			 activity is necessary to serve that purpose. Agricultural operation also means
			 activities conducted by not-for-profit agricultural research organizations,
			 which activities are necessary to serve that purpose. It does not include the
			 construction and use of dwellings customarily provided in conjunction with the
			 agricultural operation.
(3)
			 "Agricultural open burning" means the open burning of any agricultural waste,
			 except as provided in OAR
			 340-264-0040(5).
(4) "Agricultural waste" means any
			 waste material generated or used by an agricultural operation, excluding those
			 materials described in OAR
			 340-264-0060(3).
(5) "Animal disease emergency"
			 means the occurrence of a disease that the Oregon Department of Agriculture
			 determines has potentially serious economic implications for the livestock
			 industries of this state.
(6)
			 "Auxiliary combustion equipment" includes, but is not limited to fans.
(7) "Combustion promoting
			 materials" include, but are not limited to, propane, diesel oil, or jellied
			 diesel.
(8) "Commercial open
			 burning" means the open burning of any commercial waste.
(9) "Commercial waste" means:
(a) Any material except:
(A) Agricultural waste;
(B) Construction waste;
(C) Demolition waste;
(D) Domestic waste;
(E) Industrial waste; and
(F) Slash.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 264 - RULES FOR OPEN BURNING › Section 340-264-0040 - Exemptions, Statewide

Current through Register Vol. 63, No. 7, July 1, 2024
Except for the provisions contained in OAR
				340-264-0050 and
				340-264-0060,
				this division does not apply to:
(1)
			 Recreational fires and ceremonial fires, for which a fire is appropriate.
(2) Barbecue equipment used in
			 connection with any residence.
(3)
			 Fires set or permitted by any public agency when such fire is set or permitted
			 in the performance of its official duty for the purpose of weed abatement,
			 prevention or elimination of a fire hazard, or a hazard to public health or
			 safety, or for instruction of employees in the methods of fire fighting, which
			 in the opinion of the public agency is necessary. Every effort will be made by
			 the public agency to conduct this burning during good smoke dispersal
			 conditions and specifically avoiding periods during Air Pollution Advisories.
			 The agency will adjust its schedule for setting such fires for better smoke
			 dispersal if necessary. Open burning fires otherwise exempt from the
			 requirements of this division are still subject to the requirements and
			 prohibitions of local jurisdictions and the State Fire Marshall.
(4) Agricultural open burning pursuant to ORS
			 468A.020. Agricultural open burning is still subject to the requirements and
			 prohibitions of local jurisdictions and the State Fire Marshal.
(5) Open field burning, propane flaming, and
			 stack and pile burning in the Willamette Valley between the crests of the
			 Cascade and Coast Ranges pursuant to OAR 340 division 266, Rules for Field
			 Burning.
(6) Slash burning on
			 forest land or within one-eighth mile of forest land permitted under the Oregon
			 Smoke Management Program regulated by the Department of Forestry pursuant to
			 ORS 477.515.
(7) Fires set
			 pursuant to permit for the purpose of instruction of employees of private
			 industrial concerns in methods of fire fighting, or for civil defense
			 instruction.
(8) Fires set for the
			 purpose of disposal of dry tumbleweed plants, typically Russian Thistle and
			 Tumbleweed Mustard plants, that have been broken off, and rolled about, by the
			 wind.
(9) Agricultural burning for
			 disease or pest control when the fire is set or authorized in writing by the
			 Department of Agriculture.
(10)
			 When caused by an authorized representative of the Department of Agriculture,
			 open burning of carcasses of animals that have died or been destroyed because
			 of an animal disease emergency.
NOTE
: This rule is included in the State of Oregon
				Clean Air Act Implementation Plan that EQC adopted under OAR
				340-200-0040.
Stat. Auth.: ORS 468.020, 468A.025, 468A.575 &
				  468A.595
Stats. Implemented: ORS 468A.025, 468A.555 - 468A.620,
				  477.515 & 477.520
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 264 - RULES FOR OPEN BURNING › Section 340-264-0050 - General Requirements Statewide

Current through Register Vol. 63, No. 7, July 1, 2024
This rule applies to all open burning, unless expressly limited
				by any other rule, regulation, permit, ordinance, order or decree of the EQC or
				other agency having jurisdiction:
(1)
			 The following persons are considered a responsible person for open burning in
			 violation of this rule:
(a) Each person who
			 is in ownership, control or custody of the real property on which open burning
			 occurs, including any tenant thereof;
(b) Each person who is in ownership, control
			 or custody of the material that is burned; and
(c) Any person who causes or allows open
			 burning to be initiated or maintained.
(d) For purposes of this rule, a public
			 agency in its official capacity that has issued the permit for burning is not
			 considered a responsible person.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 264 - RULES FOR OPEN BURNING › Section 340-264-0060 - General Prohibitions Statewide

Current through Register Vol. 63, No. 7, July 1, 2024
This rule applies to all open burning, unless expressly limited
				by any other rule, regulation, permit, ordinance, or order or decree of the EQC
				or other agency having jurisdiction:
(1) The following persons are strictly liable
			 for open burning in violation of this rule:
(a) Each person who is in ownership, control
			 or custody of the real property on which open burning occurs, including any
			 tenant thereof;
(b) Each person
			 who is in ownership, control or custody of the material that is burned; and
(c) Any person who causes or
			 allows open burning to be initiated or maintained.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 264 - RULES FOR OPEN BURNING › Section 340-264-0070 - Open Burning Conditions

Current through Register Vol. 63, No. 7, July 1, 2024
Pursuant to ORS 468A.570, 476.380, 477.520 and 478.960, the
				following open burning conditions apply:
(1) Mandatory Prohibition Based on Adverse
			 Air Quality Conditions:
(a) DEQ will notify
			 the State Fire Marshal that all open burning is prohibited in all or a
			 specified part of the state when DEQ declares:
(A) A particulate or sulfur dioxide alert
			 pursuant to OAR
			 340-206-0030(2);
(B) A particulate or sulfur
			 dioxide warning pursuant to OAR
			 340-206-0030(3);
			 or
(C) An emergency for any air
			 contaminant pursuant to OAR
			 340-206-0030(4).