Or. Admin. R. 340-257-0050

Current through Register Vol. 63, No. 5, May 1, 2024

Section 340-257-0050 - Incorporation by Reference and Program Review

(1) For purposes of applying the incorporated sections of the California Code of Regulations in sections (2) and (3), unless otherwise specified in this division or the application is clearly inappropriate, "California" means "Oregon," "Air Resources Board (ARB)" or "California Air Resources Board (CARB)" means "Department of Environmental Quality" or "Environmental Quality Commission," depending on context, and "Executive Officer" means the DEQ director or director's designee. Where such incorporated sections of the California Code of Regulations refer to states that have also adopted California's regulations under Clean Air Act section 177, such references shall be interpreted to include both California and any other such states. Where such incorporated sections of the California Code of Regulations refer to enforcement and civil penalty authority under the California Health and Safety Code for violation of those regulations, such references shall be interpreted to authorize DEQ to pursue enforcement of such violations under ORS chapters 468 and 468A and OAR chapter 340, division 12.

(2) Emission standards, warranty, recall and other California provisions adopted by reference. Each manufacturer of new 2009 and subsequent model year passenger cars, light-duty trucks, and medium-duty vehicles must comply with each applicable standard specified in the following sections of the California Code of Regulations (CCR), Title 13, which are incorporated by reference herein. References to provisions of CCR, Title 13 in this division are to such provisions effective on the California effective dates listed in this section:

(a) Section 1900: Definitions. California adopted date 8/25/22.

(b) Section 1956.8(g) and (h): Exhaust Emission Standards and Test Procedures - 1985 and Subsequent Model Heavy Duty Engines and Vehicles. California effective date 12/5/14.

(c) Section 1960.1: Exhaust Emission Standards and Test Procedures - 1981 and through 2006 Model Passenger Cars, Light-Duty and Medium-Duty Vehicles. California effective date 12/31/12.

(d) Section 1961: Exhaust Emission Standards and Test Procedures - 2004 and Subsequent Model Passenger Cars, Light-Duty Trucks and Medium-Duty Vehicles. California effective date 12/31/12.

(e) Section 1961.1: Greenhouse Gas Exhaust Emission Standards and Test Procedures - 2009 and Subsequent Model Passenger Cars, Light-Duty Trucks and Medium-Duty Vehicles. California effective date 8/7/12.

(f) Section 1961.2: Exhaust Emission Standards and Test Procedures - 2015 and Subsequent Model Passenger Cars, Light-Duty Trucks and Medium-Duty Vehicles. California adopted date 8/25/22.

(g) Section 1961.3: Greenhouse Gas Emission Standards and Test Procedures - 2017 and Subsequent Model Passenger Cars, Light-Duty Trucks and Medium-Duty Vehicles. California effective adopted date 8/25/22.

(h) Section 1961.4: Exhaust Emission Standards and Test Procedures - 2026 and Subsequent Model Passenger Cars, Light-Duty Trucks and Medium-Duty Vehicles. California adopted date 8/25/22 except that subsection 1961.4(g)(1) is not adopted by reference.

(i) Section 1962: Zero-Emission Vehicle Standards for 2005 through 2008 Model Year Passenger Cars, Light-Duty Trucks, and Medium-Duty Vehicles. California effective date 2/13/2010.

(j) Section 1962.1: Zero-Emission Vehicle Standards for 2009 through 2017 Model Year Passenger Cars, Light-Duty Trucks and Medium-Duty Vehicles. California effective date 1/1/16.

(k) Section 1962.2: Zero-Emission Vehicle Standards for 2018 and Subsequent Model Year Passenger Cars, Light-Duty Trucks and Medium-Duty Vehicles. California adopted date 8/25/22.

(l) Section 1962.3: Electric Vehicle Charging Requirements. California adopted date 8/25/22.

(m) Section 1962.4: Zero Emission Vehicle Standards for 2026 and Subsequent Model Year Passenger Cars and Light-Duty Trucks. California adopted date 8/25/22; except that subsection 1962.4(e)(2)(A)3 is not adopted by reference.

(n) Section 1962.5: Data Standardization Requirements for 2026 and Subsequent Model Year Light-Duty Zero Emission Vehicles and Plug-in Hybrid Electric Vehicles. California adopted date 8/25/22.

(o) Section 1962.6: Battery Labeling Requirements. California adopted date 8/25/22.

(p) Section 1962.7: In-Use Compliance, Corrective Action and Recall Protocols for Zero Emission for 2026 and Subsequent Model Year Passenger Cars and Light-Duty Trucks. California adopted date 8/25/22.

(q) Section 1962.8: Warranty Requirements for Zero Emission and Batteries in Plug-in Hybrid Electric 2026 and Subsequent Model Year Passenger Cars and Light-Duty Trucks. California adopted date 8/25/22.

(r) Section 1965: Emission Control and Smog Index Labels - 1979 and Subsequent Model Year Vehicles. California adopted date 8/25/22.

(s) Section 1968.2: Malfunction and Diagnostic System Requirements - 2004 and Subsequent Model Year Passenger Cars, Light-Duty Trucks and Medium-Duty Vehicles. California adopted date 8/25/22.

(t) Section 1968.5: Enforcement of Malfunction and Diagnostic System Requirements for 2004 and Subsequent Model Year Passenger Cars, Light-Duty Trucks, and Medium-Duty Vehicles and Engines. California effective date 7/25/16.

(u) Section 1976: Standards and Test Procedures for Motor Vehicle Fuel Evaporative Emissions. California adopted date 8/25/22.

(v) Section 1978: Standards and Test Procedures for Vehicle Refueling Emissions. California adopted date 8/25/22.

(w) Section 2035: Purpose, Applicability and Definitions. California adopted date 9/9/21.

(x) Section 2036: Defects Warranty Requirements for 1979 Through 1989 Model Passenger Cars, Light-Duty Trucks, and Medium-Duty Vehicles; 1979 and Subsequent Model Motorcycles and Heavy-Duty Vehicles; and Motor Vehicle Engines Used in Such Vehicles; and 2020 and Subsequent Model Year Trailers. California adopted date 9/9/21.

(y) Section 2037: Defects Warranty Requirements for 1990 and Subsequent Model Year Passenger Cars, Light-Duty Trucks and Medium-Duty Vehicles and Motor Vehicle Engines Used in Such Vehicles. California adopted date 8/25/22.

(z) Section 2038: Performance Warranty Requirements for 1990 and Subsequent Model Year Passenger Cars, Light-Duty Trucks and Medium-Duty Vehicles and Motor Vehicle Engines Used in Such. California adopted date 8/25/22.

(aa) Section 2039: Emission Control System Warranty Statement. California effective date 12/26/90.

(bb) Section 2040: Vehicle Owner Obligations. California effective date 12/26/90.

(cc) Section 2046: Defective Catalyst. California effective date 2/15/79.

(dd) Section 2109: New Vehicle Recall Provisions. California effective date 12/30/83.

(ee) Section 2111: Applicability. California adopted date 9/9/21.

(ff) Section 2112: Definitions. California adopted date 8/25/22.

(gg) Appendix A to Article 2.1. California effective date 8/16/2009.

(hh) Section 2113: Initiation and Approval of Voluntary and Influenced Recalls. California adopted date 9/9/21.

(ii) Section 2114: Voluntary and Influenced Recall Plans. California adopted date 9/9/21.

(jj) Section 2115: Eligibility for Repair. California adopted date 9/9/21.

(kk) Section 2116: Repair Label. California adopted date 9/9/21.

(ll) Section 2117: Proof of Correction Certificate. California adopted date 9/9/21.

(mm) Section 2118: Notification. California adopted date 9/9/21.

(nn) Section 2119: Record keeping and Reporting Requirements. California adopted date 9/9/21.

(oo) Section 2120: Other Requirements Not Waived. California effective date 1/26/95.

(pp) Section 2122: General Provisions. California effective date 12/8/2010.

(qq) Section 2123: Initiation and Notification of Ordered Emission-Related Recalls. California adopted date 9/9/21.

(rr) Section 2124: Availability of Public Hearing. California effective date 1/26/95.

(ss) Section 2125: Ordered Recall Plan. California adopted date 9/9/21.

(tt) Section 2126: Approval and Implementation of Recall Plan. California adopted date 9/9/21.

(uu) Section 2127: Notification of Owners. California adopted date 9/9/21.

(vv) Section 2128: Repair Label. California adopted date 9/9/21.

(ww) Section 2129: Proof of Correction Certificate. California adopted date 9/9/21.

(xx) Section 2130: Capture Rates and Alternative Measures. California adopted date 9/9/21.

(yy) Section 2131: Preliminary Tests. California adopted date 9/9/21.

(zz) Section 2132: Communication with Repair Personnel. California effective date 1/26/95.

(aaa) Section 2133: Record keeping and Reporting Requirements. California adopted date 9/9/21.

(bbb) Section 2135: Extension of Time. California effective date 1/26/95.

(ccc) Section 2141: General Provisions. California adopted date 9/9/21.

(ddd) Section 2142: Alternative Procedures. California adopted date 9/9/21.

(eee) Section 2143: Failure Levels Triggering Recall. California adopted date 9/9/21.

(fff) Section 2144: Emission Warranty Information Report. California adopted date 9/9/21.

(ggg) Section 2145: Field Information Report. California adopted date 9/9/21.

(hhh) Section 2146: Emissions Information Report. California adopted date 9/9/21.

(iii) Section 2147: Demonstration of Compliance with Emission Standards. California adopted date 8/25/22.

(jjj) Section 2148: Evaluation of Need for Recall. California adopted date 9/9/21.

(kkk) Section 2149: Notification of Subsequent Action. California adopted date 9/9/21.

(lll) Section 2235: Requirements. California effective date 8/8/12.

(3) Emission standards, warranty, recall and other California provisions adopted by reference. Each manufacturer of new 2025 and subsequent model year medium-duty and heavy-duty vehicles must comply with each applicable standard specified in the following sections of the California Code of Regulations (CCR), Title 13, which are incorporated by reference herein. References to provisions of CCR, Title 13 in this division are to such provisions effective on the California effective dates listed in this section:

(a) Section 1963 Advanced Clean Trucks Purpose, Applicability, Definitions, and General Requirements. California effective date 3/15/21.

(b) Section 1963.1 Advanced Clean Trucks Deficits Section. California effective date 3/15/21.

(c) 1963.2 Advanced Clean Trucks Credit Generation, Banking, and Trading Section. California effective date 3/15/21.

(d) 1963.3 Advanced Clean Trucks Compliance Determination Section. California effective date 3/15/21.

(e) 1963.4 Advanced Clean Trucks Reporting and Recordkeeping Section. California effective date 3/15/21.

(4) Program Review. Beginning in 2028 and every two years through 2034, DEQ will provide a review of program implementation in Oregon including but not limited to:

(a) An evaluation of vehicle manufacturer compliance;

(b) A Summary of publicly available information on vehicle and battery costs;

(c) An assessment of the deployment of ZEVs in low-income and disadvantaged communities;

(d) A description of the geographic distribution of new and used ZEVs and PHEVs by registration;

(e) An evaluation of the electrical grid and its current capacity to meet the charging needs related to ZEV light-duty vehicles; and

(f) A Summary of infrastructure deployment.

Or. Admin. R. 340-257-0050

DEQ 10-2005(Temp), f. 12-27-05, cert. ef. 1-1-06 thru 6-30-06; DEQ 6-2006, f. & cert. ef. 6-29-06; DEQ 6-2011, f. & cert. ef. 4-29-11; DEQ 13-2013, f. & cert. ef. 12-19-13; DEQ 196-2018, amend filed 11/15/2018, effective 11/15/2018; DEQ 17-2021, amend filed 11/17/2021, effective 11/17/2021; DEQ 23-2022, amend filed 12/19/2022, effective 12/19/2022

Publications referenced are available from the agency.

Statutory/Other Authority: ORS 468.020, 468A.025 & 468A.360

Statutes/Other Implemented: ORS 468.010, 468A.015, 468A.025 & 468A.360