Oregon Administrative Code

340-258-0190 Oxygenated Gasoline: CAR, Distributor and Retail Outlet Operating Permits Each CAR, distributor and retail outlet supplying gasoline to a control area during a control period shall apply for and receive a permit as specified by OAR 340-258-0200. Statutory/Other Autho…

340-258-0200 Oxygenated Gasoline: Owners of Gasoline at Terminals, Distributors and Retail Outlets Required to Have Indirect Source Operating Permits The owner of gasoline at any gasoline terminal, distributor or retail outlet (defined in OAR 340-258-0010) shall not supply gasoli…

340-258-0210 Oxygenated Gasoline: Recordkeeping (1) All persons in the gasoline distribution network shall maintain records containing the applicable compliance information described in this rule. The records must be kept by the regulated persons for at least two years: (2) Refin…

340-258-0220 Oxygenated Gasoline: Reporting (1) Each CAR or blender CAR shall submit a report for each control period defined in OAR 340-258-0110(2), reflecting the compliance information detailed in 340-258-0140 or 340-258-0150, as applicable. Reports are due to the Department o…

340-258-0230 Oxygenated Gasoline: Prohibited Activities (1) During the control period, no refiner, importer, oxygenate blender, carrier, distributor or reseller may manufacturer, sell, offer for sale, dispense, supply, offer for supply, store, transport or cause the transportatio…

340-258-0240 Oxygenated Gasoline: Inspection and Sampling With consent of the owner or operator, the Department will, at any reasonable time, enter the premises of any person subject to the requirements of OAR 340-258-0110 through 340-258-0310 to determine compliance. The Departm…

340-258-0250 Oxygenated Gasoline: Liability for Violation of a Prohibited Activity (1) Subject to OAR 340-258-0260, if gasoline contained in a storage tank at a facility owned, leased, operated, controlled or supervised by a retailer, wholesale purchaser-consumer, distributor, re…

340-258-0260 Oxygenated Gasoline: Defenses for Prohibited Activities (1) A refiner, importer, oxygenate blender, distributor, reseller or carrier is considered to be in violation of OAR 340-258-0230(1) unless that person demonstrates that: (a) The violation was not caused by the …

340-258-0270 Oxygenated Gasoline: Inability to Produce Conforming Gasoline Due to Extraordinary Circumstances The Department will allow a person to distribute fuel which does not meet the oxygenated gasoline requirements of OAR 340-258-0110 through 340-258-0310 in appropriate ext…

340-258-0280 Oxygenated Gasoline: Quality Assurance Program To demonstrate an acceptable quality assurance program under this rule, a person shall conduct periodic sampling and testing to determine if the oxygenated gasoline has oxygen content that is consistent with the product …

340-258-0290 Oxygenated Gasoline: Attest Engagements Guidelines When Prohibited Activities Alleged (1) The Department will not require a CAR or blender CAR to submit attest engagement reports except as an optional defense for any alleged violations of OAR 340-258-0110 through 340…

340-258-0300 Oxygenated Gasoline: Dispenser Labeling (1) A person who sells or markets oxygenated gasoline at retail, or who otherwise provides oxygenated gasoline for consumption by an ultimate consumer, shall place two labels on a dispenser used to dispense the gasoline to iden…

340-258-0310 Oxygenated Gasoline: Contingency Provision for Carbon Monoxide Nonattainment Areas (1) Subsections (a), (b), (c) and (d) of this section apply to OAR 340-258-0100 through 340-258-0300: (a) Upon determination by the Department, or written notification to the Departmen…

340-258-0400 Standard for Automotive Gasoline: Reid Vapor Pressure for Gasoline (1) No person shall sell or supply as a fuel for motor vehicles any gasoline which does not comply with the requirements of 40 CFR 80. (2) The Reid Vapor Pressure of gasoline sold or supplied, by bulk…

340-259-0005 Clean Diesel Initiative Goal (1) The Environmental Quality Commission establishes the Clean Diesel Initiative Goal to reduce excess lifetime risk of cancer due to exposure to diesel engine emissions to no more than one case per million individuals by 2017. (2) In ord…

340-259-0010 Purpose and Scope (1) The purpose of the clean diesel grant and loan rules is to make grants and loans available to the owners or operators of diesel engines for the retrofit of an Oregon diesel engine, for the repower of a non-road Oregon diesel engine, or for the s…

340-259-0015 Definitions 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) "Applicable local, state or federal pollution or emissions law" …

340-259-0020 Determining the Certified Cost of a Qualifying Repower or Retrofit (1) The Department must determine the certified cost of a qualifying repower or retrofit pursuant to this rule. (2) The certified cost of a qualifying repower or retrofit may not exceed: (a) The incre…

340-259-0025 Determining the Cost Effectiveness Threshold for a Repower or Retrofit (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 a…

340-259-0030 Standards for Qualifying Repowers and Retrofits (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 technolog…

340-259-0035 Standards for Qualifying Oregon Diesel Truck Engine Scrapping Projects (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…

340-259-0040 Approval Preferences for Grant and Loan Awards (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…

340-259-0045 Grant and Loan Award Process (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 subm…

340-259-0050 Application Procedures (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 compri…

340-259-0055 Review and Approval or Denial (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 app…

340-259-0060 Grant or Loan Agreements and Conditions (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) Recordke…

340-259-0065 Certification as a Clean Diesel Service Provider (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 app…

340-260-0010 Purpose and Applicability 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 …

340-260-0020 Definitions 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 tra…

340-260-0030 Requirement for Recycling Automobile Air Conditioning Coolant (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 recove…

340-260-0040 Federal Regulations Adopted by Reference (1) Except as provided in Section (2) of this rule, 40 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 progr…

340-261-0010 Purpose 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 pr…

340-261-0020 Applicability This division is in effect as of January 1, 2022 and applies to and establishes requirements for medium- and heavy-duty truck and engine manufacturers, Oregon truck dealers, all 2027 and subsequent model year on-highway heavy-duty engines, and all 2028 …

340-261-0030 Definitions and Abbreviations 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 differe…

340-261-0040 Requirement to Meet California Vehicle Emission Standards (1) Starting with the 2027 engine model year and for each engine model year thereafter no person may deliver for sale, or sell, in Oregon any new on-highway medium- or heavy-duty engine unless such engine is c…

340-261-0050 Incorporation by Reference (1) For purposes of applying the incorporated sections of the California Code of Regulations described in this rule, “California” or “CA” means “Oregon” or “OR,” respectively, and “Air Resources Board (ARB)” or “California Air Resources Boa…

340-261-0060 Exemptions (1) All exemptions in the California rules adopted 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 agenc…

340-261-0070 Recalls (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 adopt…

340-261-0080 Inspections and Information Requests (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 …

340-261-0090 Severability Each requirement 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 & 468…

340-262-0400 Purpose and Applicability of Rules (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 seriou…

340-262-0450 Definitions 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 a…

340-262-0500 Certification of Solid Fuel Burning Devices for Sale as New (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 certificati…

340-262-0600 New and Used Solid Fuel Burning Devices Sold in Oregon (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 EP…

340-262-0700 Removal and Destruction of Used Solid Fuel Burning Devices (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 …

340-262-0800 Wood Burning and Other Heating Devices Curtailment Program (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.…

340-262-0900 Materials Prohibited from Burning 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 …

340-262-1000 Wood Burning Contingency Measures for PM2.5 Nonattainment Areas (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 soli…

340-264-0010 How to Use These Open Burning Rules (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 bur…

340-264-0020 Policy 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 disp…