Oregon Administrative Code

340-270-0110 Amount of Zero-Emission Vehicle Standard Rebates (1) The amount of the rebate for eligible light-duty zero-emission vehicles and plug-in hybrid electric vehicles with electrochemical energy storage capacities of 10 kilowatt hours or more: (a) For eligible vehicles pu…

340-270-0120 Requirements for Zero-Emission Vehicle Standard Rebates (1) A person may only apply for a standard rebate if the person: (a) Owns or leases a vehicle that meets the requirements established in OAR 340-270-0100; (b) If leasing a vehicle, has a minimum lease term of 24…

340-270-0200 Application Review Process (1) DEQ will process applications on a first-come, first-serve basis as received by DEQ, except as provided in OAR 340-270-0200(2), or in circumstances where a rebate recipient assigns a rebate to a vehicle dealer, or to an original equipme…

340-270-0300 Vehicle Ownership Provision (1) If a rebate recipient sells the eligible vehicle for which a rebate was received, or terminates the eligible vehicle’s lease, before the end of 24 months after the purchase or lease date, the rebate recipient must notify DEQ and must r…

340-270-0400 Charge Ahead Program (1) OAR 340-270-0400 through -0430 establish the requirements for the Charge Ahead Program. (2) The Charge Ahead Program will provide rebates only for the purchase or lease of new eligible vehicles or used electric vehicles that meet the requirem…

340-270-0410 Vehicles Eligible for the Charge Ahead Program To qualify for a Charge Ahead rebate, a motor vehicle must be either a new eligible vehicle or a used electric vehicle with an electrochemical storage capacity and have a purchase or lease date on or after January 1, 201…

340-270-0420 Amount of Charge Ahead Program Rebate (1) The amount of the Charge Ahead rebate is: (a) For vehicles purchased or leased prior to January 1, 2022, $2,500 per vehicle or (b) For vehicles purchased or leased on or after January 1, 2022, $5,000 per vehicle. (c) For vehi…

340-270-0430 Requirements for Charge Ahead Program Rebates (1) A person may only apply for a Charge Ahead rebate if the person: (a) Owns or leases a vehicle that meets the requirements established in OAR 340-270-0410; (b) If leasing a vehicle, has a minimum lease term of 24 month…

340-270-0500 Allocation of Rebate Funding DEQ will allocate at least 20 percent of available moneys deposited per biennium into the Zero-Emission Incentive Fund for rebates under the Charge Ahead Program. The amount required to be allocated for the Charge Ahead Program rebates fr…

340-270-0600 Vehicles Qualifying for Zero-Emission Medium and Heavy Duty Vehicle Rebates (1) To be eligible for a medium and heavy-duty vehicle rebate, a motor vehicle must be: (a) A qualifying vehicle, as defined in 340-270-0030(20), and must have a purchase or lease date on or …

340-270-0610 Amount of Zero-Emission Medium and Heavy Duty Vehicle Rebates (1) The amount of the rebate for qualifying medium-duty zero-emission vehicles that are Class 2b vehicles between 8,501 – 10,000 Gross Vehicle Weight Rating is $2,500.00. (2) The amount of the rebate for q…

340-270-0620 Overview of ZERO Fleet Rebate Process (1) Purchaser selects an eligible vehicle dealer or an original equipment manufacturer that does not have licensed franchised new automobile dealers in Oregon and selects a qualifying vehicle. (2) Purchaser and vehicle dealer pre…

340-270-0630 Purchaser Rebate Application Requirements (1) A person may only apply for a rebate if the person: (a) Intends to purchase or leases a vehicle that will be registered and operated primarily in Oregon that meets the requirements established in OAR 340-270-0600. A lease…

340-270-0640 Vehicle Dealer Rebate Application Requirements Rebates are only available for qualified purchases from an approved vehicle dealer or an original equipment manufacturer that does not have licensed franchised new automobile dealers in Oregon. For a vehicle dealer or or…

340-270-0650 Application Review Process (1) DEQ will process applications on a first-come, first-served basis as received by DEQ, as required by OAR 340-270-0630. If the purchaser, vehicle dealer, and vehicle are eligible and funds are available for the specific purchase, DEQ wil…

340-270-0660 Conditions to Award of Rebate Funds (1) DEQ may, at any time, request any additional information to determine compliance with program requirements, including, without limitation, any additional vehicle, purchaser, and dealer documentation and photos. (2) DEQ will aut…

340-270-0670 Post-Rebate Conditions (1) DEQ may, at any time, request any additional information to determine compliance with program requirements, including, without limitation, any additional vehicle, purchaser, and dealer documentation and photos. (2) Recipients may assign the…

340-270-0680 Vehicle Ownership Provisions and Refund Obligations (1) If a rebate recipient sells the qualifying vehicle, fails to fulfill post rebate conditions of 340-270-0670 for which a rebate was received, or terminates the qualifying vehicle’s lease, before the end of 36 mon…

340-270-0690 Allocation of Rebate Funding by Vehicle Class (1) DEQ will periodically allocate specific percentages of available rebate money among qualifying vehicle Classes 2b – 8, update allocations based on availability of revenue, and will provide an opportunity for community…

340-270-0700 Allocation of Rebate Funding by Disproportionate Diesel Pollution Burden (1) At least 40 percent of the moneys deposited in the fund per biennium are allocated to fund the provision of rebates for vehicles located in communities disproportionately burdened by diesel …

340-271-0010 Purpose and Scope (1) This division establishes rules and requirements for the Climate Protection Program for certain air contamination sources that emit greenhouse gases or that cause greenhouse gases to be emitted. (2) Climate change caused by anthropogenic greenho…

340-271-0020 Definitions The definitions in OAR 340-200-0020, OAR 340-215-0020, and this rule apply to this division. If the same term is defined in this rule and either or both OAR 340-200-0020 and OAR 340-215-0020, the definition in this rule applies to this division. If the sa…

340-271-0030 Acronyms (1) “BAER” means best available emissions reduction. (2) “CCI” means community climate investment. (3) “CFR” means Code of Federal Regulations. (4) “CPI-U West” means the US Bureau of Labor and Statistics West Region Consumer Price Index for All Urban Consum…

340-271-0090 Overview of Program Provisions for Covered Entities and CCI Entities (1) OAR 340-271-0100 describes general requirements for covered entities. (2) OAR 340-271-0110 describes which air contamination sources are covered entities subject to the requirements of the CPP. …

340-271-0100 Oregon Climate Protection Program Requirements (1) A person who owns or operates a covered entity must comply with the rules in this division. Compliance with this division does not relieve a person who owns or operates a covered entity of the obligation to comply wi…

340-271-0110 Covered Entity and Covered Emissions Applicability (1) Calculations of covered emissions, compliance obligations and distribution of compliance instruments will be based on emissions data and information in emissions data reports submitted by a person described in th…

340-271-0120 Changes in Covered Entity Ownership and Changes to Related Entities (1) Changes in ownership or operational control. (a) If a covered entity undergoes a change in ownership or operational control, the new person that owns or operates the covered entity must notify DE…

340-271-0130 Cessation of Covered Entity Applicability (1) Cessation for covered fuel suppliers. (a) A person that is a covered fuel supplier as described in OAR 340-271-0110 remains a covered fuel supplier until the person receives written notification from DEQ after either or b…

340-271-0150 Covered Entity Permit Requirements (1) A person described in either or both OAR 340-271-0110(3) or (4) must apply for a CPP permit as provided in this section. (a) The person must apply for a CPP permit according to subsections (b) and (c) by the following deadlines:…

340-271-0310 Best Available Emissions Reduction Assessments for Covered Stationary Sources (1) Requirement to conduct a BAER assessment. (a) When notified in writing by DEQ, the owner or operator of a covered stationary source described in OAR 340-271-0110(5)(a)(A) must submit a …

340-271-0320 Best Available Emissions Reduction Order (1) DEQ may issue a BAER order for each owner or operator of a covered stationary source that must submit a BAER assessment as provided in OAR 340-271-0310. A BAER order will establish the actions that the owner or operator of…

340-271-0330 Compliance with a BAER Order (1) The owner or operator of a covered stationary source for which DEQ has issued a BAER order according to OAR 340-271-0320 must: (a) Comply with the requirements in the BAER order; and (b) For an existing source that is required to comp…

340-271-0390 Recordkeeping Requirements Related to BAER (1) Recordkeeping requirements related to BAER assessments and five year BAER reports. (a) The owner or operator of a covered stationary source that submits any information to DEQ related to a complete BAER assessment or fiv…

340-271-0410 Generation of Compliance Instruments (1) Each year, DEQ will generate the number of compliance instruments equal to the cap for the calendar year identified in Table 2 in OAR 340-271-9000. (2) A compliance instrument is a regulatory instrument and does not constitute…

340-271-0420 Distribution of Compliance Instruments to Covered Fuel Suppliers (1) DEQ will distribute compliance instruments according to this rule. DEQ will distribute compliance instruments from a cap according to sections (2), (3), (4), and (6) no later than June 30 of the cal…

340-271-0430 Holding Compliance Instruments (1)When DEQ distributes a compliance instrument to a covered fuel supplier according to OAR 340-271-0420 or when a covered fuel supplier acquires a compliance instrument according to OAR 340-271-0500, the covered fuel supplier may conti…

340-271-0440 Compliance Periods (1) Each compliance period is three consecutive calendar years. (2) The first compliance period begins with calendar year 2022, and includes calendar years 2023 and 2024. (3) A new compliance period begins with the calendar year following the last …

340-271-0450 Demonstration of Compliance (1) DEQ will determine a covered fuel supplier’s total compliance obligation for a compliance period as the sum of the covered fuel supplier’s annual compliance obligation(s) for each year of the compliance period. DEQ will base its determ…

340-271-0490 Recordkeeping Requirements Related to Demonstration of Compliance (1) A person must retain the following records necessary for determining compliance obligations, in paper or electronic format, for a period of at least seven years beginning September 30 of the year f…

340-271-0500 Trading of Compliance Instruments (1) A covered fuel supplier may trade one or more compliance instruments only according to this rule. A covered fuel supplier may transfer one or more compliance instruments to another covered fuel supplier up to the amount that it h…

340-271-0510 Compliance Instrument Trade Notifications and Process (1) Covered fuel suppliers that trade one or more compliance instruments must notify DEQ of the trade. The designated representatives of both the covered fuel supplier transferring the compliance instrument and th…

340-271-0590 Recordkeeping Requirements Related to Trading (1) A person who transfers one or more compliance instruments in a trade according to OAR 340-271-0510 must retain the following records related to each trade, in paper or electronic format for a period of at least seven …

340-271-0810 Covered Fuel Supplier Application for Community Climate Investment Credits (1) A covered fuel supplier is eligible to receive one or more CCI credits if it contributes CCI funds according to this rule. (a) The covered fuel supplier may receive CCI credits only for co…

340-271-0820 Generation and Distribution of Community Climate Investment Credits (1) DEQ will review an application submitted according to OAR 340-271-0810 to ensure that it meets the requirements of that rule. DEQ will inform the applicant either that the submitted application i…

340-271-0830 Holding Community Climate Investment Credits (1) When DEQ distributes a CCI credit to a covered fuel supplier according to OAR 340-271-0820, the covered fuel supplier may continue to hold the CCI credit until any of the following apply: (a) The covered fuel supplier …

340-271-0890 Recordkeeping Requirements Related to Community Climate Investment Funds (1) A covered fuel supplier that provides CCI funds to a CCI entity must retain the following records, in paper or electronic format, for a period of time that begins with the date it provides t…

340-271-0900 Purposes of Community Climate Investments and Eligible Uses of CCI Funds (1) The purposes of community climate investments are to: (a) Provide covered entities with an optional means of meeting part of their compliance obligation for one or more compliance periods; (…

340-271-0910 Application to DEQ for Approval as a Community Climate Investment Entity (1) To be eligible for DEQ approval as a community climate investment entity, an entity must demonstrate that it: (a) Is authorized to do business in Oregon, and that it is exempt from federal t…

340-271-0920 DEQ Review and Approval of Community Climate Investment Entities and Agreements for Approved CCI Entities (1) DEQ will review and may approve applications from entities proposing to be approved as CCI entities according to subsections (a) through (d). (a) DEQ will re…

340-271-0930 Requirements for Community Climate Investment Entities (1) Acceptance of CCI funds. (a) Once approved by DEQ, unless otherwise specified in the agreement between a CCI entity and DEQ, a CCI entity must accept CCI funds from any covered fuel supplier that seeks to con…