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DEPARTMENT OF ENVIRONMENTAL QUALITY

 

DIVISION 256

MOTOR VEHICLES

340-256-0010

Definitions

The definitions in OAR 340-200-0020, 340-204-0010, and this rule apply to this division. If the same term is defined in this rule and OAR 340-200-0020 or 340-204-0010, the definition in this rule applies to this division.

(1) "Basic test" means an inspection and maintenance program designed to measure exhaust emission levels during an unloaded idle or an unloaded raised idle mode as described in OAR 340-256-0340.

(2) "Carbon dioxide" means a compound consisting of the chemical formula (CO2).

(3) "Carbon monoxide" means a compound consisting of the chemical formula (CO).

(4) "Certificate of Compliance" means a hard copy or electronic certification issued by a Private Business Fleet, a Public Agency Fleet Vehicle Emission Inspector, a Vehicle Emissions Inspector employed by the Department of Environmental Quality, or an Independent Contractor that the vehicle identified on the certificate is equipped with the required functioning motor vehicle pollution control systems and otherwise complies with the Commission's emission control criteria, standards, and rules.

(5) "Certified Repair Facility" means an automotive repair facility, possessing a current and valid certificate issued by the Department, that employs automotive technicians certified by the Department's Automotive Technician Emission Training Program (ATETP).

(6) "Clean-Screening" means a procedure by which the Department determines that a vehicle has acceptable emissions and then allows the vehicle owner to bypass the traditional centralized emissions inspection station test. The Department's decision may be the result of remotely sensing the emissions, the status of emissions equipment, or another means determined by the Department.

(7) "Commission" means the Environmental Quality Commission.

(8) "Crankcase emissions" means substances emitted directly to the atmosphere from any opening leading to the crankcase of a motor vehicle engine.

(9) "Dealer" means any person who is engaged wholly or in part in the business of buying, selling, or exchanging, either outright or on conditional sale, bailment lease, chattel mortgage, or otherwise, motor vehicles.

(10) "Dealership" means a business involved in the sale of vehicles that is franchised with an automobile manufacturer as defined in ORS 650.120(1).

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

(12) "Diesel motor vehicle" means a motor vehicle powered by a compression-ignition internal combustion engine.

(13) "Director" means the director of the Department.

(14) "DMV" means the Driver and Motor Vehicle Division of the Oregon Department of Transportation.

(15) "Electric vehicle" means a motor vehicle that uses a propulsive unit powered exclusively by electricity.

(16) "Emissions Inspection Station" means an inspection facility, operated by the Department of Environmental Quality or an Independent Contractor, for the purpose of conducting emissions inspections of all vehicles required to be inspected pursuant to this Division.

(17) "Enhanced test" means an inspection and maintenance program designed to measure exhaust and fuel evaporative system emissions levels using a loaded transient driving cycle and other measurement techniques as described in OAR 340-256-0350.

(18) "Exhaust emissions" means substances emitted into the atmosphere from any opening downstream from the exhaust ports of a motor vehicle engine.

(19) "Factory-installed motor vehicle pollution control system" means a motor vehicle pollution control system installed by the vehicle or engine manufacturer to comply with United States motor vehicle emission control laws and regulations.

(20) "Gas analytical system" means a device that measures the amount of contaminants in the exhaust emissions of a motor vehicle, and that has been issued a license by the Department pursuant to OAR 340-256-0450 and ORS 468A.380.

(21) "Gaseous fuel" means, but is not limited to, liquefied petroleum gases and natural gases in liquefied or gaseous forms.

(22) "Gasoline motor vehicle" means a motor vehicle powered by a spark-ignition internal combustion engine.

(23) "GPM" means Grams Per Mile.

(24) "Gross vehicle weight rating" or "GVWR" means the value specified by the manufacturer as the maximum design loaded weight of a single vehicle.

(25) "Heavy duty motor vehicle" means any motor vehicle rated at more than 8500 pounds GVWR or that has an actual vehicle curb weight as delivered to the ultimate purchaser of 6000 pounds or over.

(26) "Hydrocarbon gases" means a class of chemical compounds consisting of hydrogen and carbon.

(27) "Idle speed" means the unloaded engine speed when accelerator pedal is fully released.

(28) "Independent Contractor" means any person with whom the Department enters into an agreement providing for the construction, equipment, maintenance, personnel, management or operation of emissions inspection stations or activities pursuant to ORS 468A.370.

(29) "Inspection and Maintenance Program (I/M) means a program of conducting regular inspections of motor vehicles, including measurement of air contaminants in the vehicle exhaust and an inspection of emission control systems, to identify vehicles that do not meet the standards of this Division or that have malfunctioning, maladjusted or missing emission control systems, and, when necessary, of requiring the repair or adjustment of vehicles to make the emission control systems function as intended and to reduce tailpipe emissions of air contaminants.

(30) "In-use motor vehicle" means any motor vehicle that is not a new motor vehicle.

(31) "Light-duty motor vehicle" means any motor vehicle rated at 8500 pounds GVWR or less and has an actual vehicle curb weight as delivered to the ultimate purchaser of under 6000 pounds.

(32) "Medford-Ashland Air Quality Maintenance Area (AQMA)" has the meaning given in OAR 340-204-0010.

(33) "Model year" means the annual production period of new motor vehicles or new motor vehicle engines designated by the calendar year in which such period ends. If the manufacturer does not designate a production period, the model year with respect to such vehicles or engines means the 12-month period beginning January of the year in which production thereof begins.

(34) "Motorcycle" means any motor vehicle, including mopeds, having a seat or saddle for the use of the rider and designed to travel on not more than three wheels in contact with the ground and having a mass of 680 kilograms (1500 pounds) or less with manufacturer recommended fluids and nominal fuel capacity included.

(35) "Motor vehicle" means any self-propelled vehicle used for transporting persons or commodities on public roads.

(36) "Motor vehicle pollution control system" means equipment designed for installation on a motor vehicle for the purpose of reducing the pollutants emitted from the vehicle, or a system or engine adjustment or modification that causes a reduction of pollutants emitted from the vehicle, or a system or device that inhibits the introduction of fuels that can adversely affect the overall motor vehicle pollution control system.

(37) "Motor Vehicle Fleet Operation" means ownership, control, or management or any combination thereof by any person of five or more motor vehicles.

(38) "New motor vehicle" means a motor vehicle whose equitable or legal title has never been transferred to a person who in good faith purchases the motor vehicle for purposes other than resale.

(39) "Noise level" means the sound pressure level measured by use of metering equipment with an "A" frequency weighting network and reported as dBA.

(40) "OBD" means the On Board Diagnostic system in a vehicle that tracks the effectiveness of the vehicle's emissions control systems. These OBDII (or higher systems) have typically been placed on 1996 and newer motor vehicles.

(41) "OBD Test" means an emissions related test in which the vehicle's On Board Diagnostic computer is downloaded, supplying diagnostic information to evaluate the effectiveness of the vehicle emissions control systems.

(42) "On-Site Vehicle Test" means an emissions related test that is conducted at the vehicle owner's location. Such test will be performed by DEQ using DEQ's test equipment and is only available as a service for automobile dealerships.

(43) "Owner" means the person having all the incidents of ownership in a vehicle. Where the incidents of ownership are in different persons, it means the person, other than a security interest holder or lessor, entitled to the possession of a vehicle under a security agreement or a lease for a term of ten or more successive days.

(44) "Opacity" means the degree to which transmitted light is obscured, expressed in percent.

(45) "Oxides of Nitrogen" or NOx means oxides of nitrogen except nitrous oxides.

(46) "Person" means any individual, public or private corporation, political subdivision, agency, board, department, or bureau of the state, municipality, partnership, association, firm, trust, estate, or any other legal entity whatsoever that is recognized by law as the subject of rights and duties.

(47) "Portland Vehicle Inspection Area" has the meaning given in OAR 340-204-0010.

(48) "PPM" means parts per million by volume.

(49) "Private Business Fleet" means ownership by any person of 100 or more Oregon-registered, in-use, motor vehicles, excluding those vehicles held primarily for the purpose of resale.

(50) "Private Business Fleet Vehicle Emissions Inspector" means any person employed on a full-time basis by a Private Business Fleet that possesses a current and valid license issued by the Department pursuant to OAR 340-256-0440 and ORS 468A.380.

(51) "Propulsion exhaust noise" means that noise created in the propulsion system of a motor vehicle that is emitted into the atmosphere from any opening downstream from the exhaust ports. This definition does not include exhaust noise from vehicle auxiliary equipment such as refrigeration units powered by a secondary motor.

(52) "Public Agency Fleet" means ownership of 50 or more government-owned vehicles registered pursuant to ORS 805.040.

(53) "Public Agency Fleet Vehicle Emissions Inspector" means any person employed on a full-time basis by a Public Agency Fleet that possesses a current and valid license issued by the Department pursuant to OAR 340-256-0440 and ORS 468A.380.

(54) "Public roads" means any street, alley, road, highway, freeway, thoroughfare, or section thereof used by the public or dedicated or appropriated to public use.

(55) "Regional Authority" means a regional air quality control authority established under the provisions of ORS 468A.005 to 468A.035, 468A.075, 468A.100 to 468A.130, and 468A.140 to 468A.175.

(56) "Remote Sensing" means a technique for determining the level of a vehicle's emissions without connecting equipment directly to the vehicle. The vehicle's emissions can be determined by either optically measuring the pollutants in the vehicle's exhaust plume, by remotely receiving a vehicle's emissions diagnostic information, or by other means determined by the Department.

(57) "Ringlemann Smoke Chart" means the Ringlemann Smoke Chart with instructions for use as published in May, 1967, by the U.S. Department of Interior, Bureau of Mines.

(58) "RPM" means engine crankshaft revolutions per minute.

(59) "Self-Service Test Lane" means a technique for vehicle testing offered by the Department where the vehicle owner or representative can perform an emissions test on the vehicle at a facility provided by the Department using remote sensing, plug-in OBD emissions testing, or other means designated by the Department.

(60) "Two-stroke cycle engine" means an engine in which combustion occurs, within any given cylinder, once each crankshaft revolution.

(61) "Vehicle Emission Inspector" means any person employed by the Department or an Independent Contractor that possesses a current and valid license issued by the Department pursuant to OAR 340-256-0440 and ORS 468A.380.

(62) "Visible Emissions" means those gases or particulates, excluding uncombined water, that separately or in combination are visible upon release to the outdoor atmosphere.

NOTE: This rule is included in the State of Oregon Clean Air Act Implementation Plan as adopted by the Environmental Quality Commission under OAR 340-200-0040.

Stat. Auth.: ORS 467.030 & 468A.360
Stats. Implemented: ORS 467.030 & 468A.350 - 468A.400
Hist.: [DEQ 8, f. 4-7-70, ef. 5-11-70; DEQ 4-1993, f. & cert. ef. 3-10-93]; [DEQ 89, f. 4-22-75, ef. 5-25-75; DEQ 139, f. 6-30-77, ef. 7-1-77; DEQ 9-1978, f. & ef. 7-7-78; DEQ 22-1979, f. & ef. 7-5-79; DEQ 18-1980, f. & ef. 6-25-80; DEQ 12-1982, f. & ef. 7-21-82; DEQ 23-1984, f. 11-19-84, ef. 4-1-85; DEQ 4-1993, f. & cert. ef. 3-10-93; DEQ 15-1994, f. 6-8-94, cert. ef. 7-1-94; DEQ 25-1996, f. & cert. ef. 11-26-96]; DEQ 14-1999, f. & cert. ef. 10-14-99, Renumbered from 340-024-0005 & 340-024-0305; DEQ 17-2000, f. & cert. ef. 10-25-00; DEQ 11-2001, f. & cert. ef. 10-4-01; DEQ 14-2003, f. & cert. ef. 10-24-03; DEQ 7-2005, f. & cert. ef. 7-12-05

Visible Emissions

340-256-0100

Visible Emissions -- General Requirements, Exclusions

(1) No person may operate, drive, or cause or permit to be driven or operated any motor vehicle upon a public street or highway that emits into the atmosphere any visible emission.

(2) Excluded from this rule are those motor vehicles:

(a) Powered by compression ignition or diesel cycle engines;

(b) Excluded by written order of the Department by ORS 468A.075.

(3) No person may operate, drive, or cause or permit to be driven or operated any motor vehicle upon a public street or highway if any element of the factory-installed motor vehicle pollution control system has been modified or altered in such a manner that decreases its efficiency or effectiveness in controlling air pollution in violation of ORS 815.305, except as noted in 815.305(2).

Stat. Auth.: ORS 468, 468A & 815
Stats. Implemented: ORS 468A.360
Hist.: DEQ 8, f. 4-7-70, ef. 5-11-70; DEQ 4-1993, f. & cert. ef. 3-10-93; DEQ 14-1999, f. & cert. ef. 10-14-99, Renumbered from 340-024-0010; DEQ 7-2005, f. & cert. ef. 7-12-05

340-256-0110

Visible Emissions -- Special Requirements for Excluded Motor Vehicles

No person shall operate, drive, or cause or permit to be driven or operated upon a public street or highway, any motor vehicle excluded from OAR 340-256-0100 which:

(1) When operated at an elevation of 3,000 feet or less, emits visible emissions into the atmosphere:

(a) Of an opacity greater than 40 percent;

(b) Of an opacity of ten percent or greater for a period exceeding seven consecutive seconds.

(2) When operated at an elevation of over 3,000 feet, emits visible emissions into the atmosphere:

(a) Of an opacity greater than 60 percent;

(b) Of an opacity of 20 percent or greater for a period exceeding seven consecutive seconds.

Stat. Auth.: ORS 468 & ORS 468A
Stats. Implemented: ORS 468A.360
Hist.: DEQ 8, f. 4-7-70, ef. 5-11-70; DEQ 14-1999, f. & cert. ef. 10-14-99, Renumbered from 340-024-0015

340-256-0120

Uncombined Water -- Water Vapor

Where the presence of uncombined water is the only reason for failure of an emission to meet the requirements of OAR 340-256-0100 or 340-256-0110, such rules shall not apply.

Stat. Auth.: ORS 468 & ORS 468A
Stats. Implemented: ORS 468A.360
Hist.: DEQ 8, f. 4-7-70, ef. 5-11-70; DEQ 14-1999, f. & cert. ef. 10-14-99, Renumbered from 340-024-0020

340-256-0130

Motor Vehicle Fleet Operation

(1) Motor vehicle fleet operation records pertaining to observations, tests, maintenance, and repairs performed to control or reduce visible emissions from individual motor vehicles must be available for review and inspection by the Department.

(2) The Department, by written notice, may require any motor vehicle of a motor vehicle fleet operation to be tested for compliance with OAR 340-256-0100 and 340-256-0110.

(3) A regional authority, within its territory, may perform the functions of the Department as set forth in sections (1) and (2) of this rule, upon written directive of the Department permitting such action.

Stat. Auth.: ORS 468 & 468A
Stats. Implemented: ORS 468A.360
Hist.: DEQ 8, f. 4-7-70, ef. 5-11-70; DEQ 14-1999, f. & cert. ef. 10-14-99, Renumbered from 340-024-0025; DEQ 7-2005, f. & cert. ef. 7-12-05

340-256-0140

Dealer Compliance

No dealer shall sell or offer for sale, exchange, or lease, any motor vehicle which operates in violation of OAR 340-256-0100 or 340-256-0110, except as permitted by federal regulations.

Stat. Auth.: ORS 468 & ORS 468A
Stats. Implemented: ORS 468A.360
Hist.: DEQ 8, f. 4-7-70, ef. 5-11-70; DEQ 14-1999, f. & cert. ef. 10-14-99, Renumbered from 340-024-0030

340-256-0150

Method of Measurement

The opacity observation for purposes of OAR 340-256-0100 through 340-256-0140 shall be made by a person trained as an observer; provided, however, that a Ringlemann Smoke Chart may be used in measuring the opacity of emissions for purposes of OAR 340-256-0100 through 340-256-0140.

[Publications: The publication(s) referred to or incorporated by reference in this rule are available from the agency.]

Stat. Auth.: ORS 468 & ORS 468A
Stats. Implemented: ORS 468A.360
Hist.: DEQ 8, f. 4-7-70, ef. 5-11-70; DEQ 4-1993, f. & cert. ef. 3-10-93; DEQ 14-1999, f. & cert. ef. 10-14-99, Renumbered from 340-024-0035

340-256-0160

Alternative Methods of Measuring Visible Emissions

(1) The Department may permit the use of alternative methods of measurement to determine compliance with the visible emissions standards in OAR 340-256-0100 and 340-256-0110 when such alternative methods are demonstrated to be reproducible, selective, sensitive, accurate and applicable to a specific program.

(2) Any person desiring to utilize alternative methods of measurement shall submit to the Department such specifications and test data as the Department may require, together with a detailed specific program for utilizing the alternative methods. The Department shall require demonstration of the effectiveness and suitability of the program.

(3) No person shall undertake a program using an alternative method of measurement without having obtained prior written approval of the Department.

Stat. Auth.: ORS 468 & ORS 468A
Stats. Implemented: ORS 468A.360
Hist.: DEQ 8, f. 4-7-70, ef. 5-11-70; DEQ 14-1999, f. & cert. ef. 10-14-99, Renumbered from 340-024-0040

Certification of Pollution Control Systems

340-256-0200

County Designations

Pursuant to the requirements of ORS 468A.360, Clackamas, Columbia, Jackson, Marion, Multnomah, Washington and Yamhill counties are hereby designated by the Environmental Quality Commission as counties in which all motor vehicles registered therein, unless otherwise exempted by statute or by rules subsequently adopted by the Commission, shall be equipped with a motor vehicle pollution control system and shall comply with motor vehicle emission standards adopted by the Commission.

[NOTE: This rule is included in the State of Oregon Clean Air Act Implementation Plan as adopted by the Environmental Quality Commission under OAR 340-200-0040.]

Stat. Auth.: ORS 468A.390
Stats. Implemented: ORS 468A.390
Hist.: DEQ 51, f. 3-20-73, ef. 4-1-73; DEQ 62, f. 12-5-73, ef. 12-25-73; DEQ 4-1993, f. & cert. ef. 3-10-93; DEQ 25-1996, f. & cert. ef. 11-26-96; DEQ 14-1999, f. & cert. ef. 10-14-99, Renumbered from 340-024-0100

340-256-0210

Criteria for Certification of Motor Vehicle Pollution Control Systems

Pursuant to the requirements of ORS 468A.365, the following are the criteria for certification of motor vehicle pollution control systems as defined by ORS 468A.350:

(1) A motor vehicle pollution control system which necessitates equipment designed for installation on a motor vehicle for the purpose of reducing the pollutants emitted from the vehicle shall not be certified.

(2) A motor vehicle pollution control system which necessitates modifications, other than adjustments, to the original design of the motor vehicle shall not be certified.

Stat. Auth.: ORS 468 & ORS 468A
Stats. Implemented: ORS 468A.365
Hist.: DEQ 66, f. 2-5-74, ef. 2-25-74; DEQ 4-1993, f. & cert. ef. 3-10-93; DEQ 14-1999, f. & cert. ef. 10-14-99, Renumbered from 340-024-0200

340-256-0220

Compliance With Oregon Low Emission Vehicle Program

Model year 2009 and newer vehicles that have 7,500 or fewer miles must meet the requirements of chapter 340, division 257 to qualify for a Certificate of Compliance.

Stat. Auth.: ORS 468.020, 468A.010, 468A.015, 468A.025, 468A.360 & 468A.380
Stats. Implemented: ORS 468.020 & 468A.365
Hist.: DEQ 6-2006, f. & cert. ef. 6-29-06

Emission Control System Inspection

340-256-0300

Scope

Pursuant to ORS 467.030, 468A.350 to 468A.400, 803.350, and 815.295 to 815.325, OAR 340-256-0300 through 340-256-0465 establish the criteria, methods, and standards for inspecting motor vehicles to determine eligibility for obtaining a Certificate of Compliance or inspection. Any person subject to these rules must obtain a Certificate of Compliance as required under ORS 803.350. Any person seeking an exemption from the inspection requirements of this rule must prepare and submit to the Department or DMV a statement describing the grounds for the exemption on forms as provided by the Department or DMV.

(1) Except as provided in sections (3) and (4) of this rule, any person owning or leasing 1975 and newer model year vehicles in the Portland Vehicle Inspection Area must ensure the vehicles meet the requirements of one of the following emission tests:

(a) Basic test. A light duty vehicle of the model years specified in this paragraph must meet the basic test requirements of OAR 340-256-0340, 340-256-0380, 340-256-0400, and 340-256-0430.

(A) Until July 1, 2005, model years 1975 through 1980;

(B) Beginning July 1, 2005 and until July 1, 2006, model years 1975 through 1988;

(C) Beginning July 1, 2006 and until January 1, 2007, model years1975 through 1992;

(D) Beginning January 1, 2007, model years 1975 through 1995.

(b) Enhanced Test. A light duty vehicle of the model years specified in this paragraph must meet the enhanced test requirements of OAR 340-256-0350 and 340-256-0410. These vehicles found to be safe but unable to be dynamometer tested due to drive line configuration and these vehicles equipped with All Wheel Drive (AWD) will meet the basic test requirements of OAR 340-256-0340, 340-256-0380, 340-256-0400, and 340-256-0430.

(A) Until July 1, 2005, model years 1981 through 1995;

(B) Beginning July 1, 2005 and until July 1, 2006, model years1989 through 1995;

(C) Beginning July 1, 2006 and until January 1, 2007, model years 1993 through 1995;

(D) Beginning January 1, 2007, no vehicles will be required to meet the enhanced test requirements of OAR 340-256-0350 and 340-256-0410.

(c) A light duty vehicle that is a 1996 and newer model year must meet the OBD test requirements of OAR 340-256-0355. For those vehicles that cannot be OBD tested due to manufacturer defects in the vehicle (where EPA has not issued an associated recall), vehicle incompatibility with the OBD test system, or other similar manufacturing problems, the vehicle must meet either the enhanced test requirements of OAR 340-256-0350 and 340-256-0410, the basic test requirements of OAR 340-256-0340, 340-356-0380, 340-256-0400, or other test criteria as determined by the Department.

(d) A heavy duty vehicle must meet the basic test requirements of OAR 340-256-0340, 340-256-0390, and 340-256-0420, except gasoline powered heavy duty vehicles equipped with OBDII or higher systems must meet the OBD test requirements of 340-256-0355. For those vehicles that cannot be OBD tested due to manufacturer defects in the vehicle (where EPA has not issued an associated recall), vehicle incompatibility with the OBD test system, or other similar manufacturing problems, the vehicle must meet either the enhanced test requirements of 340-256-0350 and 340-256-0410, the basic test requirements of 340-256-0340, 340-356-0380, 340-256-0400, or other test criteria as determined by the Department.

(2) Except as provided in section (3) of this rule, any person owning or leasing vehicles that are up to 20 model years in age in the Medford-Ashland Air Quality Maintenance Area must ensure the vehicles meet the requirements of one of the following emission tests:

(a) A light duty vehicle that is a 1996 and newer model year must meet the OBD test requirements of OAR 340-256-0355. For those vehicles that cannot be OBD tested due to manufacturer defects in the vehicle (where EPA has not issued an associated recall), vehicle incompatibility with the OBD test equipment, or other similar manufacturing problems, the vehicle must meet the basic test requirements of 340-256-0340, 340-256-0380, 340-256-0400, and 340-256-0430 or other test criteria as determined by the Department.

(b) A light-duty vehicle that is 20 model years in age through 1995 model year must meet the basic test requirements of OAR 340-256-0340, 340-256-0380, 340-256-0390, 340-256-0400, and 340-256-0420.

(c) A heavy duty vehicle must meet the basic test requirements of OAR 340-256-0340, 340-256-0390, and 340-256-0420. All gasoline powered heavy duty vehicles equipped with OBDII or higher systems must meet the OBD test requirements of 340-256-0355. For those vehicles that cannot be OBD tested due to manufacturer defects in the vehicle (where EPA has not issued an associated recall), vehicle incompatibility with the OBD test equipment, or other similar manufacturing problems, the vehicle must meet the basic test requirements of 340-256-0340, 340-256-0380, 340-256-0400, and 340-256-0430 or other test criteria as determined by the Department.

(3) The Department may test any gasoline powered heavy duty or light duty vehicle using one of the following procedures as an alternative to the test procedure otherwise required by this rule:

(a) Clean-Screen Testing following the procedures of OAR 340-256-0357; or

(b) Self-Service Testing following the procedures of OAR 340-256-0358.

(4) Vehicle owners may apply for a waiver from the enhanced test requirements in section (1)(b) of this rule and OAR 340-256-0350. Vehicle owners are eligible in the year 2000 if their net household income is less than or equal to that established by multiplying the year 2000 Federal Poverty Guideline amounts by 1.3. For each year after the year 2000, the calculated year 2000 numbers are adjusted using the Oregon Consumer Price Index for the Portland Metro Regional Area. The Department may require proof of eligibility and vehicle ownership. Providing false information may result in revocation of the low income waiver. If the Department approves the waiver, the owner must pass the basic motor vehicle emissions test requirements in OAR 340-256-0300(1)(a) and 340-256-0340 and pay the required fees in order to receive a certificate of compliance.

NOTE: This rule is included in the State of Oregon Clean Air Act Implementation Plan as adopted by the Environmental Quality Commission under OAR 340-200-0040.

[ED. NOTE: The Charts referenced are available from the agency.]

Stat. Auth.: ORS 467.030 & 468A.350 - 468A.400
Stats. Implemented: ORS 468A.350-400, 803.350 & 815.295
Hist.: DEQ 89, f. 4-22-75, ef. 5-25-75; DEQ 139, f. 6-30-77, ef. 7-1-77; DEQ 23-1984, f. 11-19-84, ef. 4-1-85; DEQ 4-1993, f. & cert. ef. 3-10-93; DEQ 25-1996, f. & cert. ef. 11-26-96; DEQ 2-1998, f. & cert. ef. 3-5-98; DEQ 14-1999, f. & cert. ef. 10-14-99, Renumbered from 340-024-0300; DEQ 4-2000(Temp), f. & cer. ef. 2-17-00 thru 8-9-00; DEQ 13-2000, f. & cert. ef. 7-28-00; DEQ 17-2000, f. & cert. ef. 10-25-00; DEQ 14-2003, f. & cert. ef. 10-24-03; DEQ 7-2005, f. & cert. ef. 7-12-05; DEQ 8-2006(Temp), f. 6-30-06, cert. ef. 7-5-06 thru.12-31-06; Administrative correction 1-16-07

340-256-0310

Government-Owned Vehicle, Permanent Fleet Vehicle and United States Government Vehicle Testing Requirements

(1) All motor vehicles registered as government-owned vehicles under ORS 805.040 that are required to be certified pursuant to 815.300 must, as means of that certification, obtain a Certificate of Compliance. Government-owned vehicles must be certified biennially.

(2) All motor vehicles registered as permanent fleet vehicles under ORS 805.120 that are required to be certified pursuant to ORS 803.350 and 815.295 to 815.325 must, as means of that certification, obtain a Certificate of Compliance.

(3) Any motor vehicle that is to be registered under ORS 805.040 or 805.120 but is not a new motor vehicle must have a Certificate of Compliance issued to it before it is registered, as required by 803.350 and 815.295 to 815.325.

(4) All motor vehicles owned by the United States Government and operated in the Portland Vehicle Inspection Area or the Medford-Ashland Air Quality Maintenance Area (AQMA) must have a Certificate of Compliance issued to it biennially.

(a) United States Government tactical military vehicles are not required to be certified.

(b) Federal installations located within the Portland Area Vehicle Inspection Program and the Medford-Ashland AQMA must provide a listing to the Department of all federal employee-owned vehicles operated on the installation and demonstrate that these vehicles have complied with this Division. Inspection results must be reported to the Department on a quarterly basis, and the list must be updated annually.

(5) For the purposes of providing a staggered certification schedule for vehicles registered as government-owned vehicles under ORS 805.040 or permanent fleet vehicles under 805.120, such schedule must, except as provided by section (6) of this rule, be on the basis of the final numerical digit contained on the vehicle license plate. Such certification must be completed by the last day of the month as provided below (last digit and month or year, respectively):

(a) 1 -- January;

(b) 2 -- February;

(c) 3 -- March;

(d) 4 -- April;

(e) 5 -- May;

(f) 6 -- June;

(g) 7 -- July;

(h) 8 -- August;

(i) 9 -- September;

(j) 0 -- October;

(k) Even -- even numbered years for vehicles that are tested biennially;

(l) Odd -- odd numbered years for vehicles that are tested biennially.

(6) In order to accommodate a fleet's scheduled maintenance practices, the Department may establish a specific separate schedule for vehicles registered as government-owned vehicles under ORS 805.040 or permanent fleet vehicles under 805.120 if these vehicles are owned by a Public Agency Fleet or Private Business Fleet licensed under OAR 340-256-0440.

(7) Every agency or organization owning vehicles described in this rule must report the following information to the Department, in either electronic or printed form, annually:

(a) The vehicle make;

(b) The vehicle model;

(c) The vehicle identification number (VIN);

(d) The number of Certificates of Compliance issued; and

(e) The date on which the motor vehicles were issued Certificates of Compliance.

NOTE: This rule is included in the State of Oregon Clean Air Act Implementation Plan as adopted by the Environmental Quality Commission under OAR 340-200-0040.

Stat. Auth.: ORS 468A.360 & 468A.363
Stats. Implemented: ORS 468A.365 - 468A.385
Hist.: DEQ 3-1978, f. 3-1-78, ef. 4-1-78; DEQ 19-1983, f. 11-29-83, ef. 12-31-83; DEQ 4-1993, f. & cert. ef. 3-10-93; DEQ 25-1996, f. & cert. ef. 11-26-96; DEQ 14-1999, f. & cert. ef. 10-14-99, Renumbered from 340-024-0306; DEQ 7-2005, f. & cert. ef. 7-12-05

340-256-0320

Motor Vehicle Inspection Program Fee Schedule

This rule sets out the fee schedule for Certificates of Compliance and licenses issued by the Department's Vehicle Inspection Program:

(1) The cost of each Certificate of Compliance issued by the Department, including those issued at emissions test stations and those issued through the Clean-Screen and Self-Service Testing procedures, is:

(a) In the Portland Vehicle Inspection Area a maximum of $21; or

(b) In the Medford-Ashland Air Quality Maintenance Area a maximum of $10.

(2) The cost of each Certificate of Compliance issued by a Private Business Fleet or Public Agency Fleet is:

(a) In the Portland Vehicle Inspection Area is a maximum of $10; and

(b) In the Medford-Ashland Air Quality Maintenance Area is a maximum of $5.

(3) The cost of each License issued to a Private Business Fleet or Public Agency Fleet is:

(a) Initial $5;

(b) Annual renewal $1.

(4) The cost of each License issued to a Private Business Fleet or Public Agency Fleet Vehicle Emission Inspector is:

(a) Initial $5;

(b) Annual renewal $1.

(5) The cost of each License issued for a Gas Analytical System is:

(a) Initial $5;

(b) Annual renewal $1.

(6) The cost of each Certificate of Compliance issued on-site to an automobile dealership is a maximum of $26.

NOTE: This rule is included in the State of Oregon Clean Air Act Implementation Plan as adopted by the Environmental Quality Commission under OAR 340-200-0040.

Stat. Auth.: ORS 468A.400
Stats. Implemented: ORS 468A.400
Hist.: DEQ 20-1981, f. 7-28-81, ef. 8-1-81; DEQ 3-1992, f. & cert. ef. 2-4-92; DEQ 4-1993, f. & cert. ef. 3-10-93; DEQ 25-1996, f. & cert. ef. 11-26-96; DEQ 14-1999, f. & cert. ef. 10-14-99, Renumbered from 340-024-0307; DEQ 11-2001, f. & cert. ef. 10-4-01; DEQ 14-2003, f. & cert. ef. 10-24-03

340-256-0330

Department of Defense Personnel Participating in the Privately Owned Vehicle Import Control Program

(1) U.S. Department of Defense (DOD) personnel participating in the DOD Privately Owned Vehicle (POV) Import Control Program operating a 1975 or newer model year vehicle, are exempt from the prohibition of ORS 815.305 insofar as it pertains to catalytic converter systems, and, if applicable, exhaust gas oxygen (O2) sensor(s), if one of the following conditions is met:

(a) The vehicle will be driven to the port and surrendered for export under the above program within ten working days of disconnection, deactivation, or inoperability of the catalytic converter system or exhaust gas oxygen (O2) sensor(s); or

(b) The reconnection, reactivation, or reoperability of the catalytic converter systems and exhaust gas oxygen (O2) sensor(s), is made within 10 working days from the time the owner picked up the vehicle at the port.

(2) Persons disconnecting, deactivating or rendering inoperable any catalytic converter system or exhaust gas oxygen (O2) sensor(s) on 1975 or newer model year vehicle of DOD personnel participating in the DOD POV Import Control Program which will be driven to the port and surrendered for exportation under said program within ten working days are exempt from the prohibition of ORS 815.305.

(3) Unless otherwise exempt under this Division, vehicles must be configured as a vehicle certified by the EPA for sale and use within the United States pursuant to 40 CFR, part 86, subpart A.

(4) Documentation shall be kept with the vehicle at all times while the vehicle is operated in the United States which provides sufficient information to demonstrate compliance with all appropriate qualifications and conditions of this exemption, including the following:

(a) The unique vehicle identification number (VIN) of the subject vehicle;

(b) The agency or organization which employs the owner of the subject vehicle;

(c) The country to which the owner of the subject vehicle is being transferred;

(d) The date(s) when applicable alterations were performed on the subject vehicle;

(e) The date when the subject vehicle is scheduled to be delivered to the appropriate port for shipment out of the United States; and

(f) The date when the subject vehicle is picked up from the port of importation upon returning to the United States.

NOTE: This rule is included in the State of Oregon Clean Air Act Implementation Plan as adopted by the Environmental Quality Commission under OAR 340-200-0040.

Stat. Auth.: ORS 468A.360
Stats. Implemented: ORS 468A.350 - 468A.400
Hist.: DEQ 25-1996, f. & cert. ef. 11-26-96; DEQ 14-1999, f. & cert. ef. 10-14-99, Renumbered from 340-024-0308

340-256-0340

Light Duty Motor Vehicle and Heavy Duty Gasoline Motor Vehicle Emission Control Test Method for Basic Program

(1) General Requirements:

(a) Vehicles having coolant, oil or fuel leaks or any other such defect that is unsafe to allow the emission test to be conducted must be rejected from the testing area. The Inspector may not conduct the emissions test until the defects are corrected.

(b) The vehicle transmission must be placed in neutral gear if equipped with a manual transmission or in park position if equipped with an automatic transmission. The hand or parking brake must be engaged. If the brake is defective, then wheel chocks must be placed in front of or behind the vehicle's tires, or both when appropriate.

(c) All accessories are to be turned off.

(d) The Inspector must insure that the motor vehicle is equipped with the required functioning motor vehicle pollution control system in accordance with the criteria of OAR 340-256-0380 or 340-256-0390. For vehicles not meeting this criteria upon completion of the testing process, the Inspector must issue a report to the driver stating all reasons for noncompliance.

(e) Exhaust gas sampling algorithm. The analysis of exhaust gas concentrations will begin 10 seconds after the applicable test mode begins. Exhaust gas concentrations will be analyzed at a rate of two times per second. The measured value for pass/fail determinations will be a simple running average of the measurements taken over five seconds.

(f) Pass/fail determinations. A pass or fail determination will be made for each applicable test mode based on a comparison of the applicable standards listed in OAR 340-256-0400 and 340-256-0420 and the measured value for HC and CO and described in subsection (1)(a) of this rule. A vehicle will pass the test mode if any pair of simultaneous values for HC and CO are below or equal to the applicable standards. A vehicle will fail the test mode if the values for either HC or CO, or both, in all simultaneous pairs of values are above the applicable standards.

(g) Void test conditions. If the measured concentration of CO plus CO2 falls below the applicable standards listed in OAR 340-256-0380 and 340-256-0390, or if the vehicle's engine stalls at any time during the test sequence, the test will end, and any exhaust gas measurements will be voided.

(h) Multiple exhaust pipes. Exhaust gas concentrations from vehicle engines equipped with multiple exhaust pipes will be sampled simultaneously.

(i) The test will be terminated upon reaching the overall maximum test time.

(2) Test sequence.

(a) The test sequence will consist of a first-chance test and a second chance test as follows:

(A) The first-chance test, as described in section (3) of this rule, will consist of an idle mode followed by a high-speed mode.

(B) The second-chance high-speed mode, as described in section (3) of this rule, will immediately follow the first-chance high-speed mode. It will be performed only if the vehicle fails the first-chance test. The second-chance idle mode, as described in section (4) of this rule, will follow the second chance high speed mode and be performed only if the vehicle fails the idle mode of the first-chance test.

(b) The test sequence will begin only after the following requirements are met:

(A) The vehicle will be tested in as-received condition with the transmission in neutral or park and all accessories turned off. The engine will be at normal operating temperature (as indicated by a temperature gauge, temperature lamp, touch test on the radiator hose, or other visual observation for overheating).

(B) The tachometer will be attached to the vehicle in accordance with the analyzer manufacturer's instructions.

(C) The sample probe will be inserted into the vehicle's tailpipe to a minimum depth of 10 inches. If the vehicle's exhaust system prevents insertion to this depth, a tailpipe extension will be used.

(D) The measured concentration of CO plus CO2 will be greater than or equal to the applicable standards listed in OAR 340-256-0380 and 340-256-0390.

(3) First-chance test and second-chance high-speed mode. The test timer will start (tt=0) when the conditions specified in section (2)(b) of this rule are met. The first-chance test and second-chance high-speed mode will have an overall maximum test time of 390 seconds (tt=390). The first-chance test will consist of an idle mode followed immediately by a high-speed mode. An additional second-chance high-speed mode will follow immediately, if necessary.

(a) First-chance idle mode.

(A) Except for diesel vehicles, the mode timer will start (mt=0) when the vehicle engine speed is between 550 and 1300 rpm. If engine speed exceeds 1300 rpm or falls below 550 rpm, the mode timer will reset to zero and resume timing. The minimum idle mode length will be determined as described in section (3)(a)(B) of this rule. The maximum idle mode length will be 30 seconds (mt=30) elapsed time.

(B) The pass/fail analysis will begin after an elapsed time of 10 seconds (mt=10). A pass or fail determination will be made for the vehicle, and the mode will be terminated as follows:

(i) If, before an elapsed time of 30 seconds (mt=30), measured values are less than or equal to the applicable standards listed in OAR 340-256-0400 and 340-256-0420, the vehicle will pass the idle mode, and the mode will be terminated.

(ii) The vehicle will fail the idle mode and the mode will be terminated if the provisions of section (3)(a)(B)(i) of this rule are not satisfied within an elapsed time of 30 seconds (mt=30).

(iii) The vehicle may fail the first-chance and second-chance test will be omitted if no exhaust gas concentration less than 1800 ppm HC is found by an elapsed time of 30 seconds (mt=30).

(b) First-chance and second-chance high-speed modes. This mode includes both the first-chance and second-chance high-speed modes and follows immediately upon termination of the first-chance idle mode.

(A) Except for diesel vehicles, the mode timer will reset (mt=0) when the vehicle engine speed is between 2200 and 2800 rpm. If engine speed falls below 2200 rpm or exceeds 2800 rpm for more than two seconds in one excursion or more than six seconds over all excursions within 30 seconds of the final measured value used in the pass/fail determination, the measured value will be invalidated and the mode continued. If any excursion lasts for more than ten seconds, the mode timer will reset to zero (mt=0) and timing resumed. The minimum high-speed mode length will be determined as described under paragraphs (3)(b)(B) and (C) of this rule. The maximum high-speed mode length will be 180 seconds (mt=180) elapsed time.

(B) Ford Motor Company and Honda vehicles. For 1981-1987 model year Ford Motor Company vehicles and 1984-1985 model year Honda Preludes, the pass/fail analysis will begin after an elapsed time of 10 seconds (mt=10) using the following procedure.

(i) A pass or fail determination, as described below, will be used, for vehicles that passed the idle mode, to determine whether the high-speed test should be terminated before or at the end of an elapsed time of 180 seconds (mt=180).

(I) If, before an elapsed time of 30 seconds (mt=30), the measured values are less than or equal to the applicable standards listed in OAR 340-256-0400 and 340-256-0420, the vehicle will pass the high-speed mode, and the test will be terminated.

(II) Restart. If at an elapsed time of 30 seconds (mt=30) the measured values are greater than the applicable standards listed in OAR 340-256-0400 and 340-256-0420, the vehicle's engine will be shut off for not more than 10 seconds after returning to idle and then will be restarted. The probe may be removed from the tailpipe or the sample pump turned off if necessary to reduce analyzer fouling during the restart procedure. The mode timer will stop upon engine shut off (mt=30) and resume upon engine restart. The pass/fail determination will resume as follows after 40 seconds have elapsed (mt=40).

(III) If, at any point between an elapsed time of 40 seconds (mt=40) and 60 seconds (mt=60), the measured values are less than or equal to the applicable standards listed in OAR 340-256-0400 and 340-256-0420, the vehicle will pass the high-speed mode, and the test will be terminated.

(IV) If, at a point between an elapsed time of 60 seconds (mt=60) and 180 seconds (mt=180), both HC and CO emissions continue to decrease and measured values are less than or equal to the applicable standards listed in OAR 340-256-0400 or 340-256-0420, the vehicle will pass the high-speed mode, and the test will be terminated.

(V) If neither of sections (3)(b)(B)(i)(I), (III) or (IV) of this rule is satisfied by an elapsed time of 180 seconds (mt=180), the vehicle will fail the high-speed mode, and the test will be terminated. (ii) A pass or fail determination will be made for vehicles that fail the idle mode and the high-speed mode terminated at the end of an elapsed time of 180 seconds (mt=180) as follows:

(V-a) The vehicle will pass the high-speed mode, and the mode will be terminated at an elapsed time of 30 seconds (mt=30), if any measured values of HC and CO exhaust gas concentrations during the high-speed mode are less than or equal to the applicable standards listed in OAR 340-256-0400 and 340-256-0420.

(V-b) Restart. If at an elapsed time of 30 seconds (mt=30) the measured values of HC and CO exhaust gas concentrations during the high-speed mode are greater than the applicable short test standards as described in subsection (1)(b) of this rule, the vehicle's engine will be shut off for not more than 10 seconds after returning to idle and then will be restarted. The probe may be removed from the tailpipe or the sample pump turned off it necessary to reduce analyzer fouling during the restart procedure. The mode timer will stop upon engine shut off (mt=30) and resume upon engine restart. The pass/fail determination will resume as follows after 40 seconds (mt=40) have elapsed.

(V-c) The vehicle will pass the high-speed mode, and the mode will be terminated at an elapsed time of 60 seconds (mt=60), if any measured values of HC and CO exhaust gas concentrations during the high-speed mode are less than or equal to the applicable standards listed in OAR 340-256-0400 and 340-256-0420.

(V-d) If, at a point between an elapsed time of 60 seconds (mt=60) and 180 seconds (mt=180), both HC and CO emissions continue to decrease, and measured values are less than or equal to the applicable standards listed in OAR 340-256-0400 or 340-256-0420, the vehicle will pass the high-speed mode, and the test will be terminated.

(V-e) If neither of sections (3)(b)(B)(ii)(I), (III) or (IV) of this rule is satisfied by an elapsed time of 180 seconds (mt=180), the vehicle will fail the high-speed mode, and the test will be terminated.

(C) All other light-duty vehicles. The pass/fail analysis for vehicles not specified in section (3)(b)(B) of this rule will begin after an elapsed time of 10 seconds (mt=10) using the following procedure.

(i) A pass or fail determination will be used for 1981 and newer model year vehicles that passed the idle mode to determine whether the high-speed mode should be terminated before or at the end of an elapsed time of 180 seconds (mt=180). For pre-1981 model year vehicles, no high speed idle mode test will be performed.

(I) If, before an elapsed time of 30 seconds (mt=30), the measured values are less than or equal to the applicable standards listed in OAR 340-256-0400 and 340-256-0420, the vehicle will pass the high-speed mode, and the test will be terminated.

(II) If emissions continue to decrease after an elapsed time of 30 seconds (mt=30) and if, at any point between an elapsed time of 30 seconds (mt=30) and 180 seconds (mt=180), the measured values are less than or equal to the applicable standards listed in OAR 340-256-0400 and 340-256-0420, the vehicle will pass the high-speed mode, and the test will be terminated.

(III) The vehicle will fail the high-speed mode, and the test will be terminated, if neither of the provisions of section (3)(b)(C)(i)(I) or (II) of this rule is satisfied.

(ii) A pass or fail determination will be made for 1981 and newer model year vehicles that failed the idle mode and the high-speed mode terminated before or at the end of an elapsed time of 180 seconds (mt=180). For pre-1981 model year vehicles, the duration of the high speed idle mode will be 30 seconds, and no pass or fail determination will be used at the high speed idle mode.

(I) The vehicle will pass the high-speed mode, and the mode will be terminated at an elapsed time of 30 seconds (mt=30), if any measured values are less than or equal to the applicable standards listed in OAR 340-256-0400 and 340-256-0420.

(II) If emissions continue to decrease after an elapsed time of 30 seconds (mt=30) and if, at any point between an elapsed time of 30 seconds (mt=30) and 180 seconds (mt=180), the measured values are less than or equal to the applicable standards listed in OAR 340-256-0400 and 340-256-0420, the vehicle will pass the high-speed mode, and the test will be terminated.

(III) If neither of the provisions of section (3)(b)(C)(ii)(I) or (II) of this rule is satisfied, the vehicle will fail the high speed mode, and the test will be terminated.

(4) Second-chance idle mode. If the vehicle fails the first-chance idle mode and passes the high-speed mode, the mode timer will reset to zero (mt=0), and a second chance idle mode will commence. The second-chance idle mode will have an overall maximum mode time of 30 seconds (mt=30). The test will consist on an idle mode only.

(a) The engines of 1981-1987 Ford Motor Company vehicles and 1984-1985 Honda Preludes will be shut off for not more than 10 seconds and restarted. The probe may be removed from the tailpipe or the sample pump turned off if necessary to reduce analyzer fouling during the restart procedure.

(b) Except for diesel vehicles, the mode timer will start (mt=0) when the vehicle engine speed is between 550 and 1300 rpm. If the engine speed exceeds 1300 rpm or falls below 550 rpm the mode timer will reset to zero and resume timing. The minimum second-chance idle mode length will be determined as described in section (4)(c) of this rule. The maximum second-chance idle mode length will be 30 seconds (mt=30) elapsed time.

(c) The pass/fail analysis will begin after an elapsed time of 10 seconds (mt=10). A pass or fail determination will be made for the vehicle and the second-chance mode will be terminated as follows:

(A) If, before an elapsed time of 30 seconds (mt=30), any measured values are less than or equal to 100 ppm HC and 0.5 percent CO, the vehicle will pass the second-chance idle mode, and the test will be terminated.

(B) The vehicle will pass the second-chance idle mode, and the test will be terminated at the end of an elapsed time of 30 seconds (mt=30) if, before that time, the criteria of paragraph (4)(c)(A) of this rule are not satisfied, and the measured values during the time period between 25 and 30 seconds (mt=25-30) are less than or equal to the applicable short test standards listed in OAR 340-256-0400 and 340-256-0420.

(C) If neither of the provisions of sections (4)(c)(A) or (B) of this rule is satisfied by an elapsed time of 30 seconds (mt=30), the vehicle will fail the second-chance idle mode, and the test will be terminated.

(5) If the vehicle is capable of being operated with both gasoline and gaseous fuels, then the steps in section (2) of this rule are to be followed so that emission test results are obtained from both fuels.

(6) If the inspector suspects that the vehicle is emitting propulsion exhaust noise in excess of the noise standards of OAR 340-256-0430, adopted pursuant to ORS 467.030, then a noise measurement will be conducted and recorded while the engine is at the speed specified in section (3)(b)(A) of this rule. A reading from each exhaust outlet must be recorded at the raised engine speed. This provision for noise inspection applies only within the Portland Vehicle Inspection Area.

(7) If the vehicle complies with OAR 340-256-0380 through 340-256-0430, ORS 467.030, 468A.350 through 468A.400, 803.350, and 815.295 through 815.325, then, following receipt of the required fees, the Private Business Fleet Vehicle Emission Inspector, Public Agency Fleet Vehicle Emission Inspector, or Vehicle Emission Inspector must issue the required Certificate of Compliance.

NOTE: This rule is included in the State of Oregon Clean Air Act Implementation Plan as adopted by the Environmental Quality Commission under OAR 340-200-0040.

Stat. Auth.: ORS 468A.360
Stats. Implemented: ORS 468A.350 - 468A.385
Hist.: DEQ 16-1993, f. & cert. ef. 11-4-93; DEQ 15-1994, f. 6-8-94, cert. ef. 7-1-94; DEQ 25-1996, f. & cert. ef. 11-26-96; DEQ 14-1999, f. & cert. ef. 10-14-99, Renumbered from 340-024-0309; DEQ 7-2005, f. & cert. ef. 7-12-05

340-256-0350

Light Duty Motor Vehicle Emission Control Test Method for Enhanced Program

(1) General Requirements.

(a) Data Collection. The following information must be determined for the vehicle being tested and used to automatically select the dynamometer inertia and power absorption settings:

(A) Vehicle type: LDPC, LDT1 or LDT2;

(B) Chassis model year;

(C) Make;

(D) Model;

(E) Gross vehicle weight rating; and

(F) Number of cylinders, or cubic inch displacement of the engine.

(b) Ambient Conditions. The ambient temperature, absolute humidity, and barometric pressure must be recorded continuously during the transient driving cycle or as a single set of readings up to 4 minutes before the start of the transient driving cycle.

(c) Restart. If shut off, the vehicle must be restarted as soon as possible before the test and must be running at least 30 seconds before the transient driving cycle.

(2) Pre-inspection and Preparation.

(a) Accessories. The Inspector must ensure that all accessories (air conditioning, heat, defogger, radio, automatic traction control if switchable, etc.) will be turned off.

(b) Leaks. The vehicle must be inspected for exhaust leaks. Vehicles with leaking exhaust systems will be rejected from testing. Vehicles having coolant, oil or fuel leaks or any other such defect that is unsafe to allow the emission test to be conducted will be rejected from the testing area. The Inspector is prohibited from conducting the emission test until the defects are corrected.

(c) Operating Temperature. Vehicles in overheated condition will be rejected from testing.

(d) Tire Condition. Vehicles will be rejected from testing if the tire cords, bubbles, cuts, or other damage are visible. Vehicles will be rejected that have space-saver spare tires on the drive axle. Vehicles may be rejected that do not have reasonably sized tires. Vehicle tires will be visually checked for adequate pressure level. Drive wheel tires that appear low will be inflated to approximately 30 psi or to tire sidewall pressure or manufacturers recommendations.

(e) Ambient Background. Background concentrations of hydrocarbons, carbon monoxide, oxides of nitrogen, and carbon dioxide (HC, CO, NOx, and CO2, respectively) will be sampled to determine background concentration of constant volume sampler dilution air. The sample will be taken for a minimum of 15 seconds within 120 seconds of the start of the transient driving cycle, using the same analyzers used to measure tailpipe emissions. Average readings over the 15 seconds for each gas will be recorded in the test record. Testing will be prevented until the average ambient background levels are less than 20 ppm HC, 35 ppm CO, and 2 ppm NOx.

(f) Sample System Purge. While a lane is in operation, the CVS will continuously purge the CVS hose between tests, and the sample system will be continuously purged when not taking measurements.

(g) Negative Values. Negative gram per second readings will be integrated as zero and recorded as such.

(3) Equipment Positioning and Setting.

(a) Roll Rotation. The vehicle will be maneuvered onto the dynamometer with the drive wheels positioned on the dynamometer rolls. Before the test begins, the rolls will be rotated until the vehicle laterally stabilizes on the dynamometer. Drive wheel tires will be dried if necessary to prevent slippage during the initial acceleration.

(b) Purge Equipment. After the vehicle is positioned on the dynamometer, the vehicle gas cap is removed. A replacement cap with a ported hole through the cap is installed on the vehicle and the tubing to duct Helium to vehicle is connected to the port on the replacement cap. Helium flow into the cap is computer controlled to match the timing of the transient driving cycle. The evaporative canister purge will be measured during the transient driving cycle by inputting Helium under pressure into the test vehicle's fuel tank. Helium is measured in the vehicle exhaust with a detection device and accumulated volume of Helium is compared with the standard of 0.45 liters of Helium to determine pass/fail.

(c) Cooling System. Testing will not begin until the test-cell cooling system is positioned and activated. The cooling system will be positioned to direct air to the vehicle cooling system, but will not be directed at the catalytic converter.

(d) Vehicle Restraint. Testing will not begin until the vehicle is restrained and, for front-wheel drive vehicles, the parking brake is set.

(e) Dynamometer Settings. Dynamometer power absorption and inertia weight settings will be automatically chosen from an EPA supplied electronic look-up table that will be referenced based upon the vehicle identification information obtained in section (1)(a) of this rule. Vehicles not listed will be tested using default power absorption and inertia settings as follows: [Table not included. See ED. NOTE.]

(f) Exhaust Collection System. The exhaust collection system will be positioned to ensure that the entire exhaust stream from the tailpipe is captured during the transient driving cycle.

(4) Vehicle Emission Test Sequence.

(a) Transient Driving Cycle. The Oregon enhanced test cycle consists of a single 31 second symmetrical peak with a maximum speed of 30.1 miles per hour (MPH). If the vehicle exceeds the emission standards established in OAR 340-256-0410, additional cycles up to a maximum of four (4) will be driven. If the vehicle passes the standards during any of the four cycles, the test will be terminated. After receiving the required fees, the Inspector will issue the required Certificate of Compliance. If after four cycles the vehicle still has not passed the test, the vehicle fails. The vehicle will be driven over the following cycle: [Table not included. See ED. NOTE.]

(b) Driving Trace. The Inspector will follow an electronic, visual depiction of the time/speed relationship of the transient driving cycle (hereinafter, the trace). The visual depiction of the trace will be of sufficient magnification and adequate detail to allow accurate tracking by the Inspector and will permit the Inspector to anticipate upcoming speed changes. The trace will also clearly indicate gear shifts as specified in section (4)(c) of this rule.

(c) Shift Schedule. For vehicles with manual transmissions, Inspectors will shift gears according to the following shift schedule: [Table not included. See ED. NOTE.] Gear shifts will occur at the points in the driving cycle where the specified speeds are obtained.

(d) Speed Excursion Limits. Speed excursion limits will apply as follows:

(A) The upper limit is 2 mph higher than the highest point on the trace within 1 second of the given time.

(B) The lower limit is 2 mph lower than the lowest point on the trace within 1 second of the given time.

(C) Speed variations greater than the tolerances (such as may occur during gear changes) are acceptable provided they occur for no more than 2 seconds on any occasion.

(D) Speeds lower than those prescribed during accelerations are acceptable provided the vehicle is operated at maximum available power during such accelerations until the vehicle speed is within the excursion limits.

(E) Exceedances of the limits in (A) through (C) of this section will automatically result in a void test. The station manager can override the automatically void test if the manager determines that the conditions specified in section (4)(d)(D) of this rule occurred. Tests will be aborted if the upper excursion limits are exceeded. Tests may be aborted if the lower limits are exceeded.

(e) Speed Variation Limits.

(A) A linear regression of feedback value on reference value will be performed on each transient driving cycle for each speed using the method of least squares, with the best fit equation having the form: y = mx + b, where:

(i) y = The feedback (actual) value of speed;

(ii) m = The slope of the regression line;

(iii) x = The reference value; and

(iv) b = The y-intercept of the regression line.

(B) The standard error of estimate (SE) of y on x will be calculated for each regression line. A transient driving cycle lasting the full 31 seconds that exceeds the following criteria will be void and the test will be repeated:

(i) SE = 2.0 mph maximum.

(ii) m = 0.96-1.01.

(iii) r2 = 0.97 minimum.

(iv) b = ±2.0 mph.

(f) Distance Criteria. The actual distance traveled for the transient driving cycle and the equivalent vehicle speed (i.e., roll speed) will be measured. If the absolute difference between the measured distance and the theoretical distance for the actual test exceeds 0.05 miles, the test will be void.

(g) Vehicle Stalls. Vehicle stalls during the test will result in a void and a new test. Three (3) stalls will result in test failure or rejection from testing.

(h) Dynamometer Controller Check. For each test, the measured horsepower, and inertia if electric simulation is used, will be integrated from 55 seconds to 81 seconds (divided by 26 seconds), and compared with the theoretical road-load horsepower (for the vehicle selected) integrated over the same portion of the cycle. The same procedure will be used to integrate the horsepower between 189 seconds to 201 seconds (divided by 12 seconds). The theoretical horsepower will be calculated based on the observed speed during the integration interval. If the absolute difference between the theoretical horsepower and the measured horsepower exceeds 0.5 hp, the test will be void. Alternate error checking methods may be used if shown to be equivalent.

(i) Inertia Weight Selection. Operation of the inertia weight selected for the vehicle will be verified as specified in OAR 340-256-0460. For systems employing electrical inertia simulation, an algorithm identifying the actual inertia force applied during the transient driving cycle will be used to determine proper inertia simulation. For all dynamometers, if the observed inertia is more than 1% different from the required inertia, the test will be void.

(j) Constant Volume Sampling (CVS) Operation. The CVS operation will be verified for each test for a Critical Flow Venturi (CFV) type CVS by measuring either the absolute pressure difference across the venturi or measuring the blower vacuum behind the venturi for minimum levels needed to maintain choke flow for the venturi design. The operation of an Subsonic Venturi (SSV) type CVS will be verified throughout the test by monitoring the difference in pressure between upstream and throat pressure. The minimum values will be determined from system calibrations. Monitored pressure differences below the minimum values will void the test.

(k) Fuel Economy. For each test, the health of the overall analysis system will be evaluated by checking a test vehicle's fuel economy for reasonableness, relative to upper and lower limits, representing the range of fuel economy values normally encountered for the test inertia and horsepower selected. For each inertia selection, the upper fuel economy limit will be determined using the lowest horsepower setting typically selected for the inertia weight, along with statistical data, test experience, and engineering judgment. A similar process for the lower fuel economy limit will be used with the highest horsepower setting typically selected for the inertia weight. For test inertia selections where the range of horsepower settings is greater than 5 horsepower, at least two sets of upper and lower fuel economy limits will be determined and appropriately used for the selected test inertia. Tests with fuel economy results in excess of 1.5 times the upper limit will result in a void test.

(5) Emission Measurements. The emission analysis system will sample and record dilute exhaust HC, CO, CO2, and NOx during the transient driving cycle.

(6) If it is determined that the vehicle complies with OAR 340-256-0400 and ORS 815.310 through 815.325, then, after receiving the required fees, the Private Business Fleet Vehicle Emission Inspector, Public Agency Fleet Vehicle Emission Inspector, or Vehicle Emission Inspector must issue the required Certificate of Compliance.

NOTE: This rule is included in the State of Oregon Clean Air Act Implementation Plan as adopted by the Environmental Quality Commission under OAR 340-200-0040.

[ED. NOTE: Tables referenced are available from the agency.]

Stat. Auth.: ORS 468A.360 & 468A.363
Stats. Implemented: ORS 468A.350 - 468A.385
Hist.: DEQ 25-1996, f. & cert. ef. 11-26-96; DEQ 14-1999, f. & cert. ef. 10-14-99, Renumbered from 340-024-0312; DEQ 7-2005, f. & cert. ef. 7-12-05

340-256-0355

Emissions Control Test Method for OBD Test Program

The OBD test must be performed in accordance with the Vehicle Inspection Program Inspection and Maintenance Policies and Procedure Number 225.00, which includes downloading computerized vehicle OBD information, observing trouble codes, and observing the malfunction indicator lights located on vehicle dashboards.

NOTE: This rule is included in the State of Oregon Clean Air Act Implementation Plan as adopted by the Environmental Quality Commission under OAR 340-200-0040.

Stat. Auth.: ORS 468A.380
Stats. Implemented: ORS 468A.365
Hist.: DEQ 17-2000, f. & cert. ef. 10-25-00

340-256-0356

Emissions Control Test Method for On-Site Vehicle Testing for Automobile Dealerships

The on-site vehicle test will be performed in accordance with the Vehicle Inspection Program Inspection and Maintenance Policies and Procedure Number 226.00. The test will be performed by DEQ using DEQ testing equipment and conducted at the dealership location. The test program applies to manufacturer franchise automobile dealerships only, as defined in ORS 650.120(1). Dealerships may use either on-site testing or the centralized DEQ test stations.

Stat. Auth.: ORS 468A.380(1)(c)
Stats. Implemented: ORS 468A.365
Hist.: DEQ 11-2001, f. & cert. ef. 10-4-01

340-256-0357

Emissions Control Test Method for Clean-Screen Testing Program

(1) The Department may evaluate emissions of vehicles on the roadway using an optical attenuation method of observing actual pollutant emissions, remotely received electronic broadcasts of the vehicles' emissions diagnostic data, or other means approved under section (5) of this rule.

(2) A vehicle that meets the Department's emissions standards for on-road testing within a time period not to exceed one year from its required registration date will be issued a certificate of compliance without being required to pass the emissions inspection station test otherwise required.

(3) Before implementing Clean-Screen Testing under this rule, the Department must establish specific testing processes in the Department's policies and procedures documents, including:

(a) The test technique to be used for On-Road Clean-Screen Testing;

(b) The valid test period of On-Road Clean-Screen Testing;

(c) Procedures for identifying an on-road vehicle;

(d) Procedures for protecting the test process from vandalism and cheating; and

(e) Testing standards for Clean-Screen testing.

(4) If the Department uses the optical attenuation method for Clean-Screen Testing, 1975 and newer model year vehicles are eligible for Clean-Screen testing. If the Department uses broadcast data from vehicles' emissions diagnostic systems for Clean-Screen Testing, 1996 and newer model year vehicles are eligible for Clean-Screen Testing.

(5) The Department may develop and implement additional test methods for use in the Clean-Screen Testing program. Before implementing such test methods, the Department must develop documentation that such method will provide equal or greater accuracy in identifying vehicles that would pass or fail the otherwise required emission test.

NOTE: This rule is included in the State of Oregon Clean Air Act Implementation Plan as adopted by the Environmental Quality Commission under OAR 340-200-0040.

Stat. Auth.: ORS 467.030 & 468A.380(1)(c)
Stats. Implemented: ORS 468A.350 - 468A.420
Hist.: DEQ 14-2003, f. & cert. ef. 10-24-03

340-256-0358

Emissions Control Test Method for Self-Service Testing Program

(1) The Department may provide a testing method whereby the vehicle owner or his or her representative will perform the emissions test. The test performed will be either a remote sensing optical quantification of the tailpipe pollutants, a remote or computer connected OBD test, or other means approved under section (4) of this rule.

(2) Before implementing Self-Service Testing under this rule, the Department must establish specific Self-Service Testing processes in the Department's policies and procedures documents, including:

(a) The test techniques to be used for Self-Service Testing;

(b) Procedures for identifying the Self-Service Test vehicle;

(c) Procedures for protecting the test process from vandalism and cheating; and

(d) Testing standards for the Self-Service technique that will be used.

(3) If the Department uses the optical attenuation method for Self-Service Testing, 1975 and newer model year vehicles are eligible for Self-Service Testing. If the Department uses broadcast data or hardwire cable connection from vehicles' emissions diagnostic systems for Self-Service Testing, 1996 and newer model year vehicles are eligible for Self-Service Testing.

(4) The Department may develop and implement additional test methods for use in the Self-Service Testing program. Before implementing such test methods, the Department must develop documentation that such method will provide equal or greater accuracy in identifying vehicles that would pass or fail the otherwise required emission test.

NOTE: This rule is included in the State of Oregon Clean Air Act Implementation Plan as adopted by the Environmental Quality Commission under OAR 340-200-0040.

Stat. Auth.: ORS 467.030 & 468A.380(1)(c)
Stats. Implemented: ORS 468A.350 - 468A.420
Hist.: DEQ 14-2003, f. & cert. ef. 10-24-03

340-256-0360

Motorcycle Noise Emission Control Test Method

(1) The vehicle is to be in neutral gear with the brake engaged. If the vehicle has no neutral gear, the rear wheel shall be at least two inches clear of the ground.

(2) The engine is to be accelerated to a speed equal to 45 percent of the red line speed. Red-line speed is the lowest numerical engine speed included in the red zone on the motorcycle tachometer. If the red-line speed is not available, the engine shall be accelerated to 50 percent of the speed at which the engine develops maximum rated net horsepower.

(3) If it is judged that the vehicle may be emitting propulsion exhaust noise in excess of the noise standards of OAR 340-256-0430, adopted pursuant to ORS 467.030, then a noise measurement is to be conducted and recorded while the engine is at the speed specified in section (2) of this rule. A reading from each exhaust outlet shall be recorded at the raised engine speed.

(4) If it is determined that the vehicle complies with OAR 340-256-0430, then, following receipt of the required fees, the Vehicle Emission Inspector shall issue the required Certificates of Compliance.

(5) No Certificate of Compliance shall be issued unless the vehicle complies with all requirements of OAR 340-256-0300 through 340-256-0450 and those applicable provisions of ORS 467.030, 468A.350 to 468A.400, 803.350, and 815.295 to 815.325.

Stat. Auth.: ORS 467.030 & 468A.360
Stats. Implemented: ORS 467.030
Hist.: DEQ 24-1984, f. 11-19-84, ef. 7-1-85; DEQ 7-1985(Temp), f. 6-16-85, ef. 7-1-85; DEQ 17-1985, f. & ef. 12-3-85; DEQ 4-1993, f. & cert. ef. 3-10-93; DEQ 25-1996, f. & cert. ef. 11-26-96; Renumbered from 340-024-0311; DEQ 14-1999, f. & cert. ef. 10-14-99, Renumbered from 340-024-0314

340-256-0370

Renewal of Registration for Light Duty Motor Vehicles and Heavy Duty Gasoline Motor Vehicles Temporarily Operating Outside of Oregon

Vehicles registered in the boundaries described in OAR 340-204-0080 that are being operated in another state and are at an address located at least 150 miles outside the Oregon border shall comply with the following requirements.

(1) For vehicles operated within another Environmental Protection Agency approved Inspection and Maintenance (I/M) program area, the Department of Environmental Quality shall establish reciprocity provisions to ensure motor vehicle compliance with the other state's I/M requirements. Compliance with the other state's I/M program requirements is equivalent to the issuance of a Certificate of Compliance.

(2) For vehicles operated in another state, but not within another Environmental Protection Agency approved Inspection and Maintenance (I/M) area, the Department of Environmental Quality shall issue a temporary exemption from I/M testing requirements until such time as the vehicle returns to Oregon. Within 30 calendar days of the date the vehicle returns to Oregon it shall be required to comply with the Oregon I/M program's test criteria, methods and standards.

NOTE: This rule is included in the State of Oregon Clean Air Act Implementation Plan as adopted by the Environmental Quality Commission under OAR 340-200-0040.

Stat. Auth.: ORS 468A.360
Stats. Implemented: ORS 468A.360
Hist.: DEQ 15-1994, f. 6-8-94, cert. ef. 7-1-94; DEQ 25-1996, f. & cert. ef. 11-26-96; DEQ 14-1999, f. & cert. ef. 10-14-99, Renumbered from 340-024-0318

340-256-0380

Light Duty Motor Vehicle Emission Control Test Criteria for Basic Program

(1) No vehicle emission control test is valid if the vehicle exhaust system leaks in such a manner as to dilute the exhaust gas being sampled by the gas analytical system. For the purpose of the emission control tests conducted at state facilities, except for diesel vehicles, tests are invalid if the exhaust gas is diluted to such an extent that the sum of the carbon monoxide and carbon dioxide concentrations recorded for the idle speed reading from an exhaust outlet is six percent or less, and on 1975 and newer vehicles with air injection systems seven percent or less.

(2) No vehicle emission control test is valid if the engine idle speed exceeds the manufacturer's idle speed specifications by over 200 RPM.

(3)(a) No vehicle emission control test for a 1975 or newer model vehicle is valid ifthe gas cap or catalyst has been disconnected, plugged, or otherwise made inoperative in violation of ORS 815.305(1), except as noted in ORS 815.305(2) or as provided for by 40 CFR 85.1701-1709 (published July 1, 2003).

(b) The Department may provide alternative criteria for those required under subsection (a) of this section if it determines that the component or an acceptable alternative is unavailable. Such alternative criteria may be granted on the basis of the nonavailability of the original part, replacement part, or comparable alternative solution.

(c) The use of a nonoriginal equipment aftermarket part (including a rebuilt part) as a replacement part is not a violation of ORS 815.305 if a reasonable basis exists for knowing that such use will not adversely affect emission control efficiency. The Department will maintain a list of those parts that have been determined to adversely affect emission control efficiency;

(d) The use of a nonoriginal equipment aftermarket part or system as a add-on, auxiliary, augmenting, or secondary part of system, is not a violation of ORS 815.305 if such part or system is on the list of "Modifications to Motor Vehicle Emission Control Systems Exempted Under California Vehicle Code Section 27156" granted by the California Air Resources Board, is on the U.S. Environmental Protection Agency's list of "Certified to EPA Standards," or the Department has determined after reviewing testing data that there is no decrease in the efficiency or effectiveness in the control of air pollution;

(e) Adjustments or alterations of particular part or system parameter, if done for purposes of maintenance or repair according to the vehicle or engine manufacturer's instructions, are not violations of ORS 815.305.

(4) A 1981 or newer model vehicle that has been converted to operate on gaseous fuels is not in violation of ORS 815.305 when elements of the factory-installed motor vehicle air pollution control system are disconnected for the purpose of conversion to gaseous fuel as authorized by ORS 815.305.

(5) For a 1975 through 1980 model year vehicle in which the original engine has been replaced, if either the vehicle body or chassis original engine (per registration or title) or replacement engine (as manufactured) had a catalytic converter system, it must be present, intact, and operational before a Certificate of Compliance may be issued.

(6) For a 1981 or newer model year vehicle in which the original engine has been replaced, the emission test standards and applicable emissions control equipment for the year, make, and model of the vehicle body or chassis (per registration or title) or replacement engine, whichever is newer, apply. For those diesel powered vehicles that have been converted to operate on gasoline or gasoline equivalent fuel(s), the emission test standards and applicable emission control equipment for the year, make, and model of the gasoline equivalent powered engine as originally manufactured, for the vehicle body or chassis (per the registration) or replacement engine, whichever is newer, apply.

(7) For those vehicles registered or titled as a 1981 or newer model year that were assembled by other than a licensed motor vehicle manufacturer, such as an Assembled, Reconstructed, or Replica Vehicle, Department personnel must determine the applicable emission test standards based upon the vintage of the vehicle engine. The year of the engine is presumed to be that stated by the vehicle owner, unless Department personnel determine, after physical inspection, that the year of the engine is other than that stated by the owner.

(8) An imported nonconforming motor vehicle that has been imported under a certificate of conformity or modification/test procedure pursuant to 40 CFR Part 85, Subpart P, must comply with the emission control equipment requirements of such certificate or procedure.

NOTE: This rule is included in the State of Oregon Clean Air Act Implementation Plan as adopted by the Environmental Quality Commission under OAR 340-200-0040.

Stat. Auth.: ORS 468A.360
Stats. Implemented: ORS 468A.350 - 468A.385
Hist.: DEQ 89, f. 4-22-75, ef. 5-25-75; DEQ 116(Temp), f. & ef. 7-27-76; DEQ 121, f. & ef. 9-3-76; DEQ 139, f. 6-30-77, ef. 7-1-77; DEQ 9-1978, f. & ef. 7-7-78; DEQ 22-1979, f. & ef. 7-5-79; DEQ 6-1980, f. & ef. 1-29-80; DEQ 18-1980, f. & ef. 6-25-80; DEQ 12-1982, f. & ef. 7-21-82; DEQ 19-1983, f. 11-29-83, ef. 12-31-83; DEQ 6-1985, f. & ef. 5-1-85; DEQ 12-1985, f. & ef. 9-30-85; DEQ 21-1988, f. & cert. ef. 9-12-88; DEQ 4-1993, f. & cert. ef. 3-10-93; DEQ 16-1993, f. & cert. ef. 11-4-93; DEQ 15-1994, f. 6-8-94, cert. ef. 7-1-94; DEQ 25-1996, f. & cert. ef. 11-26-96; DEQ 14-1999, f. & cert. ef. 10-14-99, Renumbered from 340-024-0320; DEQ 7-2005, f. & cert. ef. 7-12-05

340-256-0390

Heavy Duty Gasoline Motor Vehicle Emission Control Test Criteria

(1) No vehicle emission control test is valid if the vehicle exhaust system leaks in such a manner as to dilute the exhaust gas being sampled by the gas analytical system. For the purpose of emission control tests conducted at state facilities, tests will not be considered valid if the exhaust gas is diluted to such an extent that the sum of the carbon monoxide and carbon dioxide concentrations recorded for the idle speed reading from an exhaust outlet is six percent or less.

(2) No vehicle emission control test is valid if the engine idle speed exceeds 1300 RPM.

(3)(a) No vehicle emission control test for a 1981 or newer model vehicle is valid if the gas cap or catalyst has been disconnected, plugged, or otherwise made inoperative in violation of ORS 815.305(1), except as noted in 815.305(2).

(b) The Department may provide alternative criteria for those required under subsection (a) of this section if it determines that the component or an acceptable alternative is unavailable. Such alternative criteria may be granted on the basis of the nonavailability of the original part, replacement part, or comparable need for an alternative solution.

(c) The use of a nonoriginal equipment aftermarket part (including a rebuilt part) as a replacement part is not a violation of ORS 815.305, if a reasonable basis exists for knowing that such use will not adversely affect emission control efficiency. The Department will maintain a listof those parts that have been determined to adversely affect emission control efficiency;

(d) The use of a nonoriginal equipment aftermarket part or system as an add-on, auxiliary, augmenting, or secondary part or system is not a violation of ORS 815.305, if such part or system is listed on the Department's exemption list;

(e) Adjustments or alterations of a particular part or system parameter, if done for purposes of maintenance or repair according to the vehicle or engine manufacturer's instructions, are not violations of ORS 815.305.

(4) A 1981 or newer model motor vehicle that has been converted to operate on gaseous fuels is in violation of ORS 815.305 if elements of the factory-installed motor vehicle air pollution control system are disconnected for the purpose of conversion to gaseous fuel as authorized by 815.305.

NOTE: This rule is included in the State of Oregon Clean Air Act Implementation Plan as adopted by the Environmental Quality Commission under OAR 340-200-0040.

Stat. Auth.: ORS 468A.360
Stats. Implemented: ORS 468A.350 - 468A.385
Hist.: DEQ 136, f. 6-10-77, ef. 7-1-77; DEQ 22-1979, f. & ef. 7-5-79; DEQ 12-1982, f. & ef. 7-21-82; DEQ 19-1983, f. 11-29-83, ef. 12-31-83; DEQ 6-1985, f. & ef. 5-1-85; DEQ 12-1985, f. & ef. 9-30-85; DEQ 21-1988, f. & cert. ef. 9-12-88; DEQ 4-1993, f. & cert. ef. 3-10-93; DEQ 15-1994, f. 6-8-94, cert. ef. 7-1-94; DEQ 25-1996, f. & cert. ef. 11-26-96; DEQ 14-1999, f. & cert. ef. 10-14-99, Renumbered from 340-024-0325; DEQ 7-2005, f. & cert. ef. 7-12-05

340-256-0400

Light Duty Motor Vehicle Emission Control Standards for Basic Program

(1) Light Duty Diesel Motor Vehicle Emission Control Standards: All -- 1.5% CO -- No HC Check.

(2) Light Duty Gasoline Motor Vehicle Emission Control Standards: Two Stroke Cycle: All -- 7.0% CO -- No HC Check.

(3) Light Duty Gasoline Motor Vehicle Emission Control Standards: Four Stroke Cycle -- Passenger Cars:

(a) 1975–1980 Model Year:

(A) With Catalyst: All 1.0% CO -- 220 ppm HC;

(B) Without Catalyst: All 2.5% CO -- 300 ppm HC.

(b) 1981 and Newer Model Year: All:

(A) At idle -- 1.0% CO -- 220 ppm HC;

(B) At 2,500 RPM -- 1.0% CO -- 220 ppm HC.

(4) Light Duty Gasoline Motor Vehicle Emission Control Standards -- Light Duty Trucks:

(a) 6,000 GVWR or less:

(A) 1975–1980 Model Year:

(i) With Catalyst: All -- 1.0% CO -- 220 ppm HC;

(ii) Without Catalyst: All -- 2.5% CO -- 300 ppm HC.

(B) 1981 and Newer Model Year: All:

(i) At idle -- 1.0% CO -- 220 ppm HC;

(ii) At 2,500 rpm -- 1.0% CO -- 220 ppm HC.

(b) 6,001 to 8,500 GVWR:

(A) 1975–1978 Model Year: All -- 2.5% CO -- 300 ppm HC;

(B) 1979–1980 Model Year:

(i) With Catalyst: All -- 1.0% CO -- 220 ppm HC;

(ii) Without Catalyst: All -- 2.5% CO -- 300 ppm HC.

(C) 1981 and Newer: All:

(i) At idle -- 1.0% CO -- 220 ppm HC;

(ii) At 2,500 rpm -- 1.0% CO -- 220 ppm HC.

(5) There shall be no visible emission during the steady-state unloaded and raised rpm engine idle portions of the emission test from either the vehicle's exhaust system or the engine crankcase. In the case of diesel engines and two-stroke cycle engines, the allowable visible emission shall be no greater than 20% opacity.

(6) The Director may establish specific separate standards, differing from those listed in sections (1) through (5) of this rule for vehicle classes which are determined to present prohibitive inspection problems using the listed standards.

NOTE: This rule is included in the State of Oregon Clean Air Act Implementation Plan as adopted by the Environmental Quality Commission under OAR 340-200-0040.

Stat. Auth.: ORS 468A.360
Stats. Implemented: ORS 468A.350 - ORS 468A.385
Hist.: DEQ 89, f. 4-22-75, ef. 5-25-75; DEQ 116(Temp), f. & ef. 7-27-76; DEQ 121, f. & ef. 9-3-76; DEQ 139, f. 6-30-77, ef. 7-1-77; DEQ 9-1978, f. & ef. 7-7-78; DEQ 22-1979, f. & ef. 7-5-79; DEQ 18-1980, f. & ef. 6-25-80; DEQ 15-1981(Temp), f. & ef. 5-6-81; DEQ 20-1981, f. 7-28-81, ef. 8-1-81; DEQ 18-1986, f. 9-18-86, ef. 10-1-86; DEQ 21-1988, f. & cert. ef. 9-12-88; DEQ 4-1993, f. & cert. ef. 3-10-93; DEQ 16-1993, f. & cert. ef. 11-4-93; DEQ 25-1996, f. & cert. ef. 11-26-96; DEQ 14-1999, f. & cert. ef. 10-14-99, Renumbered from 340-024-0330

340-256-0410

Light Duty Motor Vehicle Emission Control Standards for Enhanced Program

(1) Grams Per Mile (GPM) for Light Duty Passenger Cars (LDPC):

(a) Model Year -- 1996 and Newer:

(A) Hydrocarbons (HC) -- 0.9;

(B) Carbon Monoxide(CO) -- 20;

(C) Oxides of Nitrogen (NOx) -- 2.25.

(b) Model Year -- 1983–1995:

(A) Hydrocarbons (HC) -- 1.2;

(B) Carbon Monoxide(CO) -- 30;

(C) Oxides of Nitrogen (NOx) -- 3.00.

(c) Model Year -- 1981–1982:

(A) Hydrocarbons (HC) -- 1.2;

(B) Carbon Monoxide(CO) -- 60;

(C) Oxides of Nitrogen (NOx) -- 3.00.

(2) Grams Per Mile (GPM) for Light Duty Truck 1 (LDT1) 6,000 GVWR or Less:

(a) Model Year -- 1996 and Newer 3750 Loaded Vehicle Weight or Less:

(A) Hydrocarbons (HC) -- 0.9;

(B) Carbon Monoxide(CO) -- 20;

(C) Oxides of Nitrogen (NOx) -- 2.25.

(b) Model Year -- 1996 and Newer 3751 Loaded Vehicle Weight or More:

(A) Hydrocarbons (HC) -- 1.2;

(B) Carbon Monoxide(CO) -- 26;

(C) Oxides of Nitrogen (NOx) -- 2.70.

(c) Model Year -- 1988–1995:

(A) Hydrocarbons (HC) -- 2.4;

(B) Carbon Monoxide(CO) -- 80;

(C) Oxides of Nitrogen (NOx) -- 3.75.

(d) Model Year -- 1984–1987:

(A) Hydrocarbons (HC) -- 2.4;

(B) Carbon Monoxide(CO) -- 80;

(C) Oxides of Nitrogen (NOx) -- 6.75.

(e) Model Year -- 1981–1983:

(A) Hydrocarbons (HC) -- 5.1;

(B) Carbon Monoxide(CO) -- 140;

(C) Oxides of Nitrogen (NOx) -- 6.75.

(3) Grams Per Mile (GPM) for Light Duty Truck 2 (LDT2) 6,001 to 8500 GVWR:

(a) Model Year-- 1996 and Newer 5750 Loaded Vehicle Weight or Less:

(A) Hydrocarbons (HC) -- 1.2;

(B) Carbon Monoxide(CO) -- 26;

(C) Oxides of Nitrogen (NOx) -- 2.70.

(b) Model Year-- 1996 and Newer 5751 Loaded Vehicle Weight or More:

(A) Hydrocarbons (HC) -- 1.2;

(B) Carbon Monoxide(CO) -- 30;

(C) Oxides of Nitrogen (NOx) -- 3.00.

(c) Model Year -- 1988–1995:

(A) Hydrocarbons (HC) -- 2.4;

(B) Carbon Monoxide(CO) -- 80;

(C) Oxides of Nitrogen (NOx) -- 5.25.

(d) Model Year-- 1984–1987:

(A) Hydrocarbons (HC) -- 2.4;

(B) Carbon Monoxide(CO) -- 80;

(C) Oxides of Nitrogen (NOx) -- 6.75.

(e) Model Year -- 1981–1983:

(A) Hydrocarbons (HC) -- 5.1;

(B) Carbon Monoxide(CO) -- 140;

(C) Oxides of Nitrogen (NOx) -- 6.75.

(4) The Director may establish specific separate standards, differing from those listed in sections (1) through (3) of this rule for vehicle classes which are determined to present prohibitive inspection problems using the listed standards.

[NOTE: This rule is included in the State of Oregon Clean Air Act Implementation Plan as adopted by the Environmental Quality Commission under OAR 340-200-0040.]

Stat. Auth.: ORS 468A.360 & ORS 468A.363
Stats. Implemented: ORS 468A.350 - ORS 468A.385
Hist.: DEQ 25-1996, f. & cert. ef. 11-26-96; DEQ 14-1999, f. & cert. ef. 10-14-99, Renumbered from 340-024-0332

340-256-0420

Heavy-Duty Gasoline Motor Vehicle Emission Control Standards

(1) Carbon monoxide idle emission values not to be exceeded:

(a) 1975–1978 Model Year: 4.0%;

(b) 1979 and Newer Model Year without catalyst: 3.0%;

(c) 1985 and Newer Model Year with catalyst: 1.0%.

(2) Carbon Monoxide nominal 2,500 rpm emission values not to be exceeded:

(a) 1975 and Newer Model Year without catalyst with carburetor: 3.0%;

(b) 1975 and Newer Model Year without catalyst with fuel injection: No Check;

(c) 1985 and Newer Model Year with catalyst: 1.0%.

(3) Hydrocarbon idle emission values not to be exceeded:

(a) 1975–1978 Model Year: 500 PPM;

(b) 1979 and Newer Model Year without catalyst: 350 PPM;

(c) 1985 and Newer Model Year with catalyst: 220 PPM.

(4) Hydrocarbon nominal 2,500 rpm emission values not be exceeded: 1985 and Newer Model Year with catalyst: 220 PPM.

(5) There shall be no visible emission during the steady-state unloaded engine idle and raised rpm portion of the emission test from either the vehicle's exhaust system or the engine crankcase.

(6) The Director may establish specific separate standards, differing from those listed in sections (1) through (4) of this rule for vehicle classes which are determined to present prohibitive inspection problems using the listed standards.

NOTE: This rule is included in the State of Oregon Clean Air Act Implementation Plan as adopted by the Environmental Quality Commission under OAR 340-200-0040.

Stat. Auth.: ORS 468A.360
Stats. Implemented: ORS 468A.360
Hist.: DEQ 136, f. 6-10-77, ef. 7-1-77; DEQ 9-1978, f. & ef. 7-7-78; DEQ 22-1979, f. & ef. 7-5-79; DEQ 18-1980, f. & ef. 6-25-80; DEQ 15-1981(Temp), f. & ef. 5-6-81; DEQ 20-1981, f. 7-28-81, ef. 8-1-81; DEQ 18-1986, f. 9-18-86, ef. 10-1-86; DEQ 4-1993, f. & cert. ef. 3-10-93; DEQ 16-1993, f. & cert. ef. 11-4-93; DEQ 15-1994, f. 6-8-94, cert. ef. 7-1-94; DEQ 25-1996, f. & cert. ef. 11-26-96; DEQ 14-1999, f. & cert. ef. 10-14-99, Renumbered from 340-024-0335

340-256-0430

Motor Vehicle Propulsion Exhaust Noise Standards

(1) Light duty motor vehicle propulsion exhaust noise levels not to be exceeded as measured at no less than 20 inches from any opening to the atmosphere downstream from the exhaust ports of the motor vehicle engine: Vehicle -- Type Maximum Allowable Noise Level:

(a) All Front Engine Vehicles -- 93 dBA;

(b) All Rear and Mid Engine Vehicles -- 95 dBA.

(2) Motorcycle propulsion exhaust noise levels not to be exceeded as measured at no less than 20 inches from any opening to the atmosphere downstream from the exhaust ports of the motorcycle engine: Model Year -- Maximum Allowable Noise Level:

(a) Pre-1976 -- 102 dBA;

(b) 1976 and newer -- 99 dBA.

(3) The Director may establish specific separate standards, differing from those listed in sections (1) and (2) of this rule, for vehicle classes which are determined to present prohibitive inspection problems using the listed standard.

Stat. Auth.: ORS 467.030 & ORS 468A.360
Stats. Implemented: ORS 467.030
Hist.: DEQ 23-1984, f. 11-19-84, ef. 4-1-85; DEQ 24-1984, f. 11-19-84, ef. 7-1-85; DEQ 6-1985, f. & ef. 5-1-85; DEQ 4-1993, f. & cert. ef. 3-10-93; DEQ 25-1996, f. & cert. ef. 11-26-96; DEQ 14-1999, f. & cert. ef. 10-14-99, Renumbered from 340-024-0337

340-256-0440

Criteria for Qualifications of Persons Eligible to Inspect Motor Vehicles and Motor Vehicle Pollution Control Systems and Execute Certificates

(1) Five separate classes of licenses are established as follows:

(a) Private Business Fleet;

(b) Public Agency Fleet;

(c) Private Business Fleet Vehicle Emission Inspector;

(d) Public Agency Fleet Vehicle Emission Inspector;

(e) Vehicle Emission Inspector.

(2) Application for a license must be completed on a form provided by the Department.

(3)(a) Each fleet's license is valid for not more than a one year period and expires on December 31 of each year unless revoked, suspended, or returned to the Department;

(b) Each Inspector's license is valid for not more than a two year period and expires on December 31 of every other year unless revoked, suspended, or returned to the Department.

(4) The Department will not issue any license until the applicant has fulfilled all requirements and paid the required fee.

(5) No license is transferable.

(6) Each license may be renewed upon application and receipt of renewal fee if the application for renewal is made within the 30-day period prior to the expiration date and the applicant complies with all other licensing requirements.

(7) A license may be suspended, revoked, or not renewed if the licensee has violated this Division or ORS 468A.350 to 468A.400, 815.295 to 815.325.

(8) A Private Business Vehicle Emission Inspector or Public Agency Fleet Vehicle Emission Inspector license is valid only for inspection of and execution of Certificates of Compliance for motor vehicle pollution control systems and motor vehicles of the Private Business Fleet or Public Agency Fleet that employs the Private Business Fleet Vehicle Emission Inspector or Public Agency Fleet Vehicle Emission Inspector on a full time basis. The Department may authorize a Public Agency Fleet Vehicle Emission Inspector to perform inspections and execute Certificates of Compliance for vehicles of other governmental agencies if the inspector has contracted with that agency for that service and the Director approves the contract.

(9) To initially receive or renew a license as a Private Business Fleet Vehicle Emission Inspector, a Public Agency Fleet Vehicle Emission Inspector or a Vehicle Emission Inspector, the applicant must be an employee of a Private Business Fleet, a Public Agency Fleet, the Vehicle Inspection Program of the Department, or an employee of an Independent Contractor and submit a completed application. All Inspectors must receive formal training and be licensed or certified to perform inspections pursuant to this Division. The duration of the training program for persons employed by a Private Business Fleet or a Public Agency Fleet must be at least 16 hours.

(a) Training.

(A) Inspector training must include the following subjects:

(i) The air pollution problems, its causes and effects;

(ii) The purpose, function and goal of the inspection program;

(iii) Inspection regulations and procedures;

(iv) Technical details of the test procedure and the rationale for their design;

(v) Test equipment operation, calibration and maintenance;

(vi) Emission control device function, configuration and inspection;

(vii) Quality control procedures and their purpose;

(viii) Public relations;

(ix) Safety and health issues related to the inspection process; and

(x) OBD test systems.

(B) In order to complete the training requirement, a trainee must pass (minimum of 80% correct responses) a written test covering all aspects of the training. In addition, a hands-on test must be administered in which the trainee demonstrates without assistance the ability to conduct a proper inspection, to properly utilize equipment and to follow other procedures. Inability to properly conduct all test procedures shall constitute failure of the test. The Department will take appropriate steps to insure the security and integrity of the testing process.

(b) Licensing and certification.

(A) All Inspectors must be either licensed or certified by the Department in order to perform official inspections.

(B) Completion of Inspector training and passing required tests is a condition of licensing or certification.

(C) Inspector licenses and certificates are valid for no more than 2 years, at which point refresher training and testing are required before renewal. Alternative approaches based on more comprehensive skill examination and determination of Inspector competency may be used.

(D) Licenses and certificates are not a legal right, but rather, are a privilege bestowed by the Department and conditional upon adherence to Department requirements.

(c) Enforcement against Inspectors. Any violations are subject to the Department's enforcement procedures.

(A) Whenever an Inspector intentionally improperly passes a vehicle for any required portion of the test, the Department will either suspend the Inspector for at least 6 months or assess a penalty equivalent to the Inspector's salary for the same time period.

(B) License or certificate suspension or revocation means the individual is barred from direct or indirect involvement in any inspection operation during the term of the suspension or revocation.

(10) To be licensed as a Private Business Fleet or a Public Agency Fleet, the applicant must:

(a) Employ on a full time basis a Private Business Fleet Vehicle Emission Inspector or;

(b) Employ on a full time basis a Public Agency Fleet Vehicle Emission Inspector; and

(c) Be equipped with an gas analytical system complying with criteria established in OAR 340-256-0450 or 340-256-0460;

(d) Be equipped with a sound level meter conforming to "Requirements for Sound Measuring Instruments and Personnel" (NPCS-2) manual, revised September 15, 1974, of this Department.

(e) If 1996 and newer light duty vehicles are a part of the self-inspected fleet of vehicles, the fleet must be equipped by January 1, 2001 with a scan tool for downloading vehicle OBD emissions data with criteria established in OAR 340-256-0465.

(11) No person licensed as a Private Business Fleet or Public Agency Fleet may advertise or represent himself as being licensed to inspect motor vehicles to determine compliance with the criteria and standards of OAR 340-256-0380 and 340-256-0400.

NOTE: This rule is included in the State of Oregon Clean Air Act Implementation Plan as adopted by the Environmental Quality Commission under OAR 340-200-0040.

[Publication: The Publication(s) referenced in this rule are available from the office of the agency.]

Stat. Auth.: ORS 468A.380
Stats. Implemented: ORS 468A.380
Hist.: DEQ 89, f. 4-22-75, ef. 5-25-75; DEQ 136, f. 6-10-77, ef. 7-1-77; DEQ 3-1978, f. 3-1-78, ef. 4-1-78; DEQ 9-1978, f. & ef. 7-7-78; DEQ 14-1978, f. & ef. 10-3-78; DEQ 6-1980, f. & ef. 1-29-80; DEQ 12-1982, f. & ef. 7-21-82; DEQ 19-1983, f. 11-29-83, ef. 12-31-83; DEQ 4-1993, f. & cert. ef. 3-10-93; DEQ 16-1993, f. & cert. ef. 11-4-93; DEQ 15-1994, f. 6-8-94, cert. ef. 7-1-94; DEQ 25-1996, f. & cert. ef. 11-26-96; DEQ 14-1999, f. & cert. ef. 10-14-99, Renumbered from 340-024-0340; DEQ 17-2000, f. & cert. ef. 10-25-00

340-256-0450

Gas Analytical System Licensing Criteria for Basic Program

(1) Test equipment. Computerized test systems are required for performing any measurement on subject vehicles. Performance features of computerized test systems. The test equipment shall be certified to meet the requirements contained in 40 CFR Part 51 Appendix D (November 5, 1992) and new equipment shall be subjected to acceptance test procedures to ensure compliance with program specifications.

(a) Emission test equipment shall be capable of testing all subject vehicles and shall be updated from time to time to accommodate new technology vehicles as well as changes to the Vehicle Inspection Program.

(b) At a minimum, emission test equipment:

(A) Shall be automated to the highest degree commercially available to minimize the potential for intentional fraud and/or human error;

(B) Shall be secure from tampering and/or abuse;

(C) Shall be based upon written specifications; and

(D) Shall be capable of simultaneously sampling dual exhaust vehicles.

(c) The vehicle owner or driver shall be provided with a computer-generated record of test results, including all of the items listed in 40 CFR Part 85, subpart W as being required on the test record. The test report shall include:

(A) A vehicle description, including license plate number, vehicle identification number, and odometer reading;

(B) The date and time of the test;

(C) The name or identification number of individual(s) performing the tests and the location of the test station and lane;

(D) The type of test performed, including emission tests, visual checks for the presence of emission control components, and functional, evaporative checks;

(E) The applicable test standards;

(F) A statement indicating the availability of warranty coverage as required in section 207 of the Clean Air Act;

(G) Certification that tests were performed in accordance with the regulations; and

(H) For vehicles that fail the tailpipe emission test, information on the possible causes of the specific pattern of high emission levels found during the test.

(2) Functional characteristics of computerized test systems. The test system is composed of emission measurement devices and other motor vehicle test equipment controlled by a computer.

(a) The test system shall automatically:

(A) Make a pass/fail decision for all measurements;

(B) Record test data to an electronic medium;

(C) Conduct regular self-testing of recording accuracy;

(D) Perform electrical calibration and system integrity checks before each test, as applicable; and

(E) Initiate system lockouts for:

(i) Tampering with security aspects of the test system;

(ii) Failing to conduct or pass periodic calibration or leak checks; and

(iii) A full data recording medium or one that does not pass a cyclical redundancy check.

(b) The test system shall insure accurate data collection by limiting, cross-checking; and/or confirming manual data entry.

(3) Gas analytical systems used by Private Business Fleets or Public Agency Fleets must meet the criteria established in this rule by not later than January 1, 1998.

[NOTE: This rule is included in the State of Oregon Clean Air Act Implementation Plan as adopted by the Environmental Quality Commission under OAR 340-200-0040.]

[Publication: The Publication(s) referred to or incorporated by reference in this rule are available from the office of the agency.]

Stat. Auth.: ORS 468A.380
Stats. Implemented: ORS 468A.380
Hist.: DEQ 16-1993, f. & cert. ef. 11-4-93; DEQ 15-1994, f. 6-8-94, cert. ef. 7-1-94; DEQ 25-1996, f. & cert. ef. 11-26-96; DEQ 14-1999, f. & cert. ef. 10-14-99, Renumbered from 340-024-0355

340-256-0460

Gas Analytical System Licensing Criteria for Enhanced Program

(1) Light Duty vehicles described in OAR 340-256-0300(1)(a)(B) may be tested with a gas analytical system that meets the equipment specification described in the United States Environmental Protection Agency (EPA) High-Tech I/M Test Procedures, Emission Standards, Quality Control Requirements, and Equipment Specifications, April 1994. This equipment is referred to as Laboratory Grade Inspection/Maintenance 240 (IM240) testing equipment.

(2) Alternatively, gas analytical systems meeting the EPA "Inspection Grade" (IG) criteria may be utilized. This system, capable of duplicating the IM240 driving cycle, consists of four main pieces of equipment:

(a) Computer system;

(b) Infrared exhaust gas analyzer capable of measuring at least CO, CO2, HC and NOx;

(c) CVS system to capture exhaust flow during testing needed to convert the grams per mile readings and fuel economy; and

(d) A dynamometer capable of simulating the IM240 driving cycle.

(3) Gas analytical systems used by Private Business Fleets or Public Agency Fleets must meet the criteria established in this rule by not later than July 1, 1998.

NOTE: This rule is included in the State of Oregon Clean Air Act Implementation Plan as adopted by the Environmental Quality Commission under OAR 340-200-0040.

Stat. Auth.: ORS 468A.380
Stats. Implemented: ORS 468A.380
Hist.: DEQ 25-1996, f. & cert. ef. 11-26-96; DEQ 14-1999, f. & cert. ef. 10-14-99, Renumbered from 340-024-0357

340-256-0465

Test Equipment Licensing Criteria for OBD Test Program

This equipment must contain the standard terminal Diagnostic Link Connector for OBD systems and be capable of the following:

(1) Making an automatic pass/fail decision based on malfunction indicator light observations and vehicle OBD system download.

(2) Transferring electronic vehicle test result to the VIP central data server for emissions data.

(3) Meeting additional fleet operations specifications as prescribed by the Department.

[NOTE: This rule is included in the State of Oregon Clean Air Act Implementation Plan as adopted by the Environmental Quality Commission under OAR 340-200-0040.]

Stat. Auth.: ORS 468A.380
Stats. Implemented: ORS 468A.380
Hist.: DEQ 17-2000, f. & cert. ef. 10-25-00

340-256-0470

Agreement With Independent Contractor; Qualifications of Contractor; Agreement Provisions

(1) The Director is authorized to enter into an emissions inspection agreement with one or more independent contractors, subject to public bidding, to provide for the construction, equipment, establishment, maintenance and operation of any emissions inspection stations or activities in such numbers and locations as may be required to provide vehicle owners reasonably convenient access to inspection facilities for the purpose of obtaining compliance with rules contained in this Division.

(2) The Director is prohibited from entering into an emissions inspection agreement with any independent contractor who:

(a) Is engaged in the business of manufacturing, selling, maintaining or repairing vehicles, except that the independent contractor shall not be precluded from maintaining or repairing any vehicle owned or operated by the independent contractor;

(b) Does not have the capability, resources or technical and management skill to adequately construct, equip, operate or maintain a sufficient number of emissions inspection stations to meet the demand for inspection of every vehicle which is required to be submitted for inspection pursuant to this Division.

(3) All persons employed by the independent contractor in the performance of an emissions inspection agreement are employees of the independent contractor and not of this state. An employee of the independent contractor shall not wear any badge, insignia, patch, emblem, device, word or series of words which would tend to indicate that such person is employed by this state. Employees of the independent contractor are specifically prohibited under this subsection from wearing the flag of this state, the words "state of Oregon," the words "emissions inspection program" or any similar emblem or phrase.

(4) The emissions inspection agreement authorized by this rule shall contain at least the following provisions:

(a) A contract term or duration of not more than ten years with reasonable compensation to the contractor if the provisions of this rule are repealed during the ten year term;

(b) That nothing in the agreement or contract requires the state to purchase any asset or assume any liability if such agreement or contract is not renewed;

(c) The minimum requirements for adequate staff, equipment, management and hours and place of operation of emissions inspection stations;

(d) The submission of such reports and documentation concerning the operation of emissions inspection stations as the Director and the Attorney General may require;

(e) Surveillance by the Department of Environmental Quality and the Department of Administrative Services to ensure compliance with vehicle emissions testing standards, procedures, rules and laws;

(f) The right of this state, upon providing reasonable notice to the independent contractor, to terminate the contract with the independent contractor and to assume operation of the vehicle emissions inspection program;

(g) The right of this state upon termination of the term of the agreement or upon assumption of the operation of the program to have transferred and assigned to it for reasonable compensation any interest in land, buildings, improvements, equipment, parts, tools and services used by the independent contractors in their operation of the program;

(h) The right of this state upon termination of the term of the agreement or assumption of the operation of the program to have transferred and assigned to it any contract rights, and related obligations, for land, buildings, improvements, equipment, parts, tools and services used by the independent contractors in their operation of the program;

(i) The obligation of the independent contractors to provide in any agreement to be executed by them, and to maintain in any agreements previously executed by them, for land, buildings, improvements, equipment, parts, tools and services used in their operation of the program for the right of the independent contractors to assign to this state any of their rights and obligations under such contract;

(j) The amounts of liquidated damages payable by this state to the independent contractor if the state exercises its right to terminate the contract at the conclusion of the first, second, third or fourth year of the contract pursuant to section (f) of this rule. The damages recoverable by the independent contractor if the state exercises its right to terminate the contract shall be limited to the liquidated damages specified in the contract;

(k) Any other provision deemed necessary by the Department of Administrative Services for enforcement of the emissions inspection agreement.

(5) In conjunction with the Attorney General and the Department of Administrative Services, the Department of Environmental Quality shall establish bid specifications or contract terms for a contract with an independent contractor as provided in this rule, review bids for award of a contract with the independent contractors and negotiate any terms of a contract with the independent contractors.

(6) Before entering into any contract the Director shall inquire into the marketplace of independent contractors and based upon this review shall select the independent contractor who in the sole discretion of the Director is best qualified to perform the duties required by this rule and can be operational on January 1, 1998. After a contract is awarded to an independent contractor, the Director may modify the contract with the independent contractor to allow the contractor and the state to comply with amendments to applicable statutes or rules. This modification is exempt from public bidding and may include the addition, deletion or alteration of any contract provision in order to make compliance feasible, including inspection fees and services rendered. Provisions relating to contract term or duration may be amended, except that the term or duration of the contract shall not be extended more than three and one-half years beyond the term of the original contract as awarded. If the Director cannot negotiate an acceptable modification of the contract, the state may terminate the contract.

[NOTE: This rule is included in the State of Oregon Clean Air Act Implementation Plan as adopted by the Environmental Quality Commission under OAR 340-200-0040.]

Stat. Auth.: ORS 468.020 & ORS 468A.363
Stats. Implemented: ORS 468A.363
Hist.: DEQ 25-1996, f. & cert. ef. 11-26-96; DEQ 14-1999, f. & cert. ef. 10-14-99, Renumbered from 340-024-0360

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