Current through Register Vol. 63, No. 12, December 1, 2024
(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.
Statutory/Other Authority: ORS
468A.810, ORS
468A.360 & ORS
468.020
