Or. Admin. R. 340-256-0520

Current through Register Vol. 63, No. 6, June 1, 2024

Section 340-256-0520 - Certificate of Approved Retrofit Compliance

(1) To obtain a Certificate of an Approved Retrofit Compliance, using a Department-approved application, a Person who owns or to whom the Medium- or Heavy-duty Truck shall be registered must submit information sufficient to allow the Department to determine that the retrofit technology meets the requirements of OAR 340-256-0510 and that the retrofit technology is in good working order, including:

(a) A statement signed by the installer of the Approved Retrofit Technology declaring that, at the time of installation, the installer was authorized to perform the installation work by the manufacturer of the Approved Retrofit Technology;

(b) A statement signed by the Person who owns or to whom the Medium- or Heavy-duty Truck shall be registered committing to and declaring the following:

(A) That, after the issuance of a Certificate of Approved Retrofit Compliance, the Person who owns or to whom the Medium- or Heavy-duty Truck is registered will either ensure that the Approved Retrofit Technology remains operational and functioning efficiently or notify the Department immediately in writing that the Approved Retrofit Technology is functioning with decreased efficiency or effectiveness or is no longer operational and functioning;

(B) That the Person who owns or to whom the Medium- or Heavy-duty Truck is registered will notify the Department immediately in writing if, after the issuance of a Certificate of Approved Retrofit Compliance, the Person who owns or to whom the Medium- or Heavy-duty Truck is registered becomes aware that changes occur such that the equipment no longer would constitute Approved Retrofit Technology;

(C) That the Person who owns or to whom the Medium- or Heavy-duty Truck is registered will engage in the annual renewal and the Periodic Verification Process if and as required under OAR 340-256-0540;

(D) That the Person who owns or to whom the Medium- or Heavy-duty Truck is registered will keep the records that will be required to be submitted under OAR 340-256-0540 if the Department engages that Person in the Periodic Verification Process; and

(E) That the Person who owns or to whom the Medium- or Heavy-duty Truck is registered will not personally, or allow anyone else to, remove, modify, alter, or tamper with the Approved Retrofit Technology or any labels after the Department issues a Certificate of Approved Retrofit Compliance;

(c) A pre-installation compatibility assessment as prescribed by the Approved Retrofit Technology manufacturer, signed by the installer;

(d) A completed warranty registration form for the Approved Retrofit Technology;

(e) Information that demonstrates that the retrofit technology meets the requirement in OAR 340-256-0510(d). This may be:

(A) A Verification Letter issued by EPA showing that the retrofit technology was listed on the Verified Technologies List for Clean Diesel of EPA as of the effective date of this rule. The letter shall describe the engine families and operating criteria appropriate for the application of the retrofit technology and shall state that the retrofit technology will result in a reduction of Diesel Particulate Matter of at least 85 percent;

(B) An Executive Order issued by the CARB showing that the retrofit technology was listed on the Currently Verified Diesel Emission Control Strategy of the CARB as of the effective date of this rule. The Executive Order shall describe the engine families and operating criteria appropriate for the installation and use of the retrofit technology and shall state that the retrofit technology results in a reduction of Diesel Particulate Matter of at least 85 percent; or

(C) Substantially equivalent information to that required under paragraphs (A) or (B) based on retrofit technology listed on either the Currently Verified Diesel Emission Control Strategy of CARB or the Verified Technologies List for Clean Diesel of EPA after the effective date of this rule that would allow the Department to determine that the retrofit technology meets the requirements in OAR 340-256-0510(d);

(f) Information sufficient to allow the Department to determine that the Approved Retrofit Technology complies with labeling requirements in OAR 340-256-0550, including, but not necessarily limited to, a copy of the label; and

(g) Any additional information requested by the Department.

(2) If the Approved Retrofit Technology is used equipment, in addition to the information in subsection (1) of this rule, the Person who owns or to whom the Medium- or Heavy-duty Truck is registered must submit:

(a) A copy of the Department's prior approval for the used equipment installation issued under OAR 340-256-0560; and

(b) Information sufficient to allow the Department to determine that the used equipment was installed in compliance with Title 13, California Code of Regulations, Section 2706(i) (2020).

(3) Each submission of information provided on (1)(a)(b) and (c) above must include all of the following information about the Medium- or Heavy-duty Truck upon which the Approved Retrofit Technology was installed:

(a) Model Year;

(b) Vehicle Identification Number;

(c) Vehicle Make;

(d) License Plate Number;

(e) Gross Vehicle Weight Rating;

(f) Engine Manufacturer;

(g) Engine Model Year;

(h) Engine Family Number; and

(i) Engine Displacement.

(4) All application documentation, reports, statements, declarations, and any other documents submitted to DEQ by the Person who owns or to whom the Medium- or Heavy-duty Truck is registered or Approved Retrofit Technology installer in accordance with OAR 340-256-0520(1) (2) and (3), OAR 340-256-0540(2) and (3) and OAR 340-256-0560(3) must contain true, accurate, and complete information.

Or. Admin. R. 340-256-0520

DEQ 11-2021, adopt filed 07/23/2021, effective 7/23/2021

Statutory/Other Authority: ORS 468A.810, ORS 468A.360 & ORS 468.020

Statutes/Other Implemented: ORS 468A.810 & ORS 468A.350-468A.400