Or. Admin. Code § 340-016-0280

Current through Register Vol. 63, No. 10, October 1, 2024

Section 340-016-0280 - Definitions

As used in OAR 340-016-0270 through 340-016-0340, unless specifically defined otherwise:

(1) "Applicable local, state or federal pollution or emissions law" means a regulation that requires a diesel engine to meet pollution or emissions standards and has a compliance date before the installation of a repower or retrofit is completed.

(2) "Applicant" means a person that submits a Repower Tax Credit Application or a Retrofit Tax Credit Application.

(3) "Clean Diesel Service Provider" means a person that the Department has certified under OAR 340-259-0065 to install qualifying repowers or retrofits under the Clean Diesel Repower and Retrofit Tax Credit regulations, 340-016-0270 through 340-016-0340, or the Clean Diesel Grant and Loan regulations, 340-259-0005 through 340-259-0065.

(4) "Cost-effectiveness threshold" means the cost, in dollars, per ton of diesel particulate matter reduced determined pursuant to OAR 340-259-0025.

(5) "Department" means the Department of Environmental Quality.

(6) "Motor vehicle" has the meaning given that term in ORS 825.005.

(7) "Nonroad Oregon diesel engine" means any Oregon diesel engine that was not designed primarily to propel a motor vehicle on public highways of this state.

(8) "Oregon diesel engine" means an engine at least 50 percent of the use of which, as measured by miles driven or hours operated, will occur in Oregon for the three years following the repowering or retrofitting of the engine.

(9) "Program limitation" means the maximum amount that the Department may certify in tax credits during any one calendar year as authorized by the legislature.

(10) "Public highway" has the meaning given that term in ORS 825.005.

(11) "Qualified Installer" means the person that installs the repower or retrofit and is:

(a) A Clean Diesel Service Provider; or

(b) An employee of the applicant, if the applicant and vendor verify that the employee:

(A) Installed or will install the repower or retrofit to meet the warranty conditions; and

(B) Possesses the necessary skill to install the repower or retrofit.

(12) "Repower" means to scrap an old diesel engine and replace it with a new engine, a used engine or a remanufactured engine, or with electric motors, drives or fuel cells, with a minimum useful life of seven years.

(13) "Retrofit" means to equip a diesel engine with new emissions-reducing parts or technology after the manufacture of the original engine. A retrofit must use the greatest degree of emissions reduction available for the particular application of the equipment retrofitted that meets the cost-effectiveness threshold specified in OAR 340-259-0025.

(14) "Scrap" means to destroy and render inoperable.

Or. Admin. Code § 340-016-0280

DEQ 9-2008, f. & cert. ef. 7-11-08

Stat. Auth.: OL 2007, chapter 855 (HB 2172 (2007)), OL 2007, Ch. 843 (HB 3201 (2007)).OL 2003, Sec. 28 - 32, reprinted in a note following ORS 315.356

Stats. Implemented: OL 2003, Sec. 28 - 32, reprinted in a note following ORS 315.356