Oregon Administrative Code

340-253-0700 Third Party Verification Requirements The following applications and reports are subject to third party verification requirements in accordance with OAR 340-272-0110: (1) Fuel pathway applications submitted under OAR 340-253-0450; (2) Annual fuel pathway reports requ…

340-253-1000 Credit and Deficit Basics (1) Carbon intensities. (a) Except as provided in subsections (b), (c), or (d), when calculating carbon intensities, registered parties must use the carbon intensity approved by DEQ under OAR 340-253-0450 for a given fuel. (b) If a fuel path…

340-253-1005 Transacting Credits (1) General. (a) Registered parties may: (A) Retain credits without expiration within the CFP in compliance with this division; and (B) Acquire or transfer credits from or to other registered parties. (b) Registered parties may not: (A) Retire or …

340-253-1010 Fuels to Include in Credit and Deficit Calculation (1) Fuels included. Credits and deficits must be calculated for all regulated fuels and clean fuels, except that: (a) Credits may be generated only for B100 that complies with an oxidation stability induction period …

340-253-1020 Calculating Credits and Deficits (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 i…

340-253-1030 Demonstrating Compliance (1) Compliance demonstration. Each registered 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 i…

340-253-1040 Credit Clearance Market (1) If a registered 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…

340-253-1055 Public Disclosure (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 re…

340-253-1060 Reserve Account (1) DEQ shall establish a reserve account for credits that is under its control. The purpose of this reserve account is to hold credits to ensure the environmental integrity of the Clean Fuels Program. This mechanism covers cases where the carbon redu…

340-253-1100 Advance Crediting (1) General Provisions. (a) All advance credits must represent actual reductions of greenhouse gas emissions against the clean fuel standards and (b) Vehicles must be registered in the State of Oregon to be eligible to earn advance credits. (2) Elig…

340-253-2000 Emergency Deferrals (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 …

340-253-2100 Forecasted Fuel Supply Deferral (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 …

340-253-8010 Tables (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 Intensi…

340-254-0010 Policy 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…

340-254-0020 Jurisdiction and Delegation 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 de…

340-254-0030 Definitions 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 Parki…

340-254-0040 Indirect Sources Required to Have Indirect Source Construction Permits 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 Per…

340-254-0050 Indirect Source Permit Application Process 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 …

340-254-0060 Indirect Source Construction Permit Application Requirements for Parking Facilities (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 lo…

340-254-0070 Issuance or Denial of Indirect Source Construction Permits (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 …

340-254-0080 Permit Duration (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 hav…

340-255-0010 Overview (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 …

340-255-0020 Definitions The definitions in OAR 340-200-0020 and this rule apply to this division. If the same term is defined in the following definitions in this rule and in OAR 340-200-0020, the definition in this rule applies to this division: (1) “Airport Ground Support Equi…

340-255-0030 Projects Eligible for Grant Funding 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…

340-255-0040 Eligible Grant Amounts (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…

340-255-0050 Application Requirements 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 pro…

340-255-0060 Application review process (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 di…

340-255-0070 Grant Application Schedules and Grant Awards (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 bef…

340-256-0010 Definitions The definitions in OAR 340-200-0020, 340-204-0010, and this rule apply to this division. If this rule defines the same term as OAR 340-200-0020 or 340-204-0010, the definition in this rule applies in this division. (1) “Application Receipt Period” means t…

340-256-0100 Visible Emissions: General Requirements, Exclusions (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 v…

340-256-0110 Visible Emissions: Special Requirements for Excluded Motor Vehicles 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 …

340-256-0130 Visible Emissions: Motor Vehicle Fleet Operation (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…

340-256-0140 Visible Emissions: Dealer Compliance 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…

340-256-0150 Visible Emissions: Opacity Method of Measurement 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 opac…

340-256-0160 Visible Emissions: Alternative Methods of Measuring Visible Emissions (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 de…

340-256-0200 Certification of Pollution Control Systems: County Designations 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, …

340-256-0210 Certification of Pollution Control Systems: Criteria for Certification of Motor Vehicle Pollution Control Systems This rule documents the criteria for certification of motor vehicle pollution control systems. A motor vehicle pollution control system may be certified …

340-256-0220 Compliance With Oregon Low Emission Vehicle Program 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…

340-256-0300 Emission Control System Inspection: Scope ORS 468A.350 to 468A.400, 803.350, and 815.295 to 815.325, and OAR 340-256-0300 through 340-256-0471 establish the criteria, methods, and standards for inspecting motor vehicles to determine eligibility for obtaining a Certif…

340-256-0310 Emission Control System Inspection: Government-Owned Vehicle, Permanent Fleet Vehicle and United States Government Vehicle Testing Requirements (1) All motor vehicles registered as government-owned vehicles under ORS 805.040 that are not exempted from certification u…

340-256-0320 Emission Control System Inspection: Motor Vehicle Inspection Program Fee Schedule This rule sets out the fee schedule for Certificates of Compliance and licenses issued by DEQ’s Vehicle Inspection Program: (1) The cost of each Certificate of Compliance issued by DEQ,…

340-256-0330 Emission Control System Inspection: Department of Defense Personnel Participating in the Privately Owned Vehicle Import Control Program This rule documents DEQ’s considerations regarding motor vehicle pollution control system requirements for Department of Defense pe…

340-256-0340 Emission Control System Inspection: Light Duty Motor Vehicle and Heavy Duty Gasoline Motor Vehicle Emission Control Test Method for Basic Program This rule documents the general requirements and test sequence for the basic light duty motor vehicle and heavy duty gaso…

340-256-0355 Emission Control System Inspection: Emissions Control Test Method for OBD Test Program This rule documents the general requirements and test sequence for the light or heavy-duty vehicle OBD test method. (1) General Requirements: (a) DEQ must reject from the testing a…

340-256-0356 Emission Control System Inspection: Emissions Control Test Method for On-Site Vehicle Testing for Automobile Dealerships This rule documents the on-site motor vehicle emissions test method for automobile dealerships. The on-site vehicle test will be performed in acco…

340-256-0357 Emission Control System Inspection: Emissions Control Test Method for Clean-Screening Program This rule documents the Clean-Screening test method. (1) DEQ may evaluate emissions of vehicles on the roadway using an optical attenuation method of observing actual pollut…

340-256-0358 Emission Control System Inspection: Emissions Control Test Method for Self-Service Testing Program This rule documents the Self-Service test method. (1) DEQ may provide a testing method whereby the vehicle owner or their representative will perform the emissions test…

340-256-0370 Emission Control System Inspection: Renewal of Registration for Light-duty Motor Vehicles and Heavy-duty Gasoline Motor Vehicles Temporarily Operating Outside of the Oregon Vehicle Inspection Boundaries Vehicles registered in the Portland Vehicle Inspection Area and …

340-256-0380 Emission Control System Inspection: Light Duty Motor Vehicle Emission Control Test Criteria for Basic Program This rule documents the Basic Test criteria for light duty motor vehicles. (1) A vehicle emission control test is not valid if the vehicle exhaust system lea…

340-256-0390 Emission Control System Inspection: Heavy Duty Gasoline Motor Vehicle Emission Control Test Criteria This rule documents the heavy duty gasoline motor vehicle emission test criteria. (1) A vehicle emission control test is not valid if the vehicle exhaust system leaks…