Or. Admin. R. 340-269-0130

Current through Register Vol. 63, No. 8, August 1, 2024

Section 340-269-0130 - Labeling

(1) Issuance. Upon successful demonstration of the emissions profile of a piece of equipment and/or the engine profile for each vehicle as described in OAR 340-269-0120, DEQ will issue the emission control label(s) to the voluntary participant.

(2) Placement. Any ECL(s) received for any piece of equipment and/or each vehicle must be affixed to the equipment or vehicle within 30 days of issuance.

(a) Prominence. Each ECL must be affixed prominently on the outside of the equipment or vehicle approved by DEQ for labeling. For initial issuance, two ECLs will be provided for each piece of equipment and must be affixed on opposing sides of the equipment. ECLs must be maintained in such a way that at least one ECL is easily, clearly, and entirely visible while the equipment is in use or on a construction site. DEQ will issue one or more replacement ECLs upon request, if the voluntary participant has documented that it needs such replacement ECLs in order to comply with this subsection.

(b) Permanence. Once an ECL has been issued for a piece of equipment or vehicle, it must be placed on the equipment or vehicle for the duration of participation in the program, and it will not be removed until and unless the voluntary participant has complied with OAR 340-269-0150(1).

(3) Transfers. Transferring an ECL or set of ECLs from one piece of equipment or vehicle to another is prohibited. Each ECL will only be used for the piece of equipment or vehicle that it was issued for, and it will be used for no purpose other than to label the equipment or vehicle.

(4) Optional Fleet Designations. Each active participant in the program also may elect to request a fleet designation from DEQ.

(a) General fleet designation standards are listed as follows:

(A) Bronze Standard. This standard is met when 60% of the reported fleet equipment either meets or exceeds engine tier 4 standards or is equipped with a DOC or DPF, and when 60% of the reported fleet vehicles have model year engines that are year 2010 or newer.

(B) Silver Standard. This standard is met when 70% of the reported fleet equipment either meets or exceeds engine tier 4 standards or is equipped with a DOC or DPF, and when 70% of the reported fleet vehicles have model year engines that are year 2010 or newer.

(C) Gold Standard. This standard is met when 80% of the reported fleet equipment either meets or exceeds engine tier 4 standards or is equipped with a DOC or DPF, and when 90% of the reported fleet vehicles have model year engines that are year 2010 or newer.

(b) ODOT Compliance. Demonstration of compliance with OAR 731-005-0800 or 731-149-0020 (ODOT rules), as determined by DEQ, may be used to show compliance with the general fleet designation standards listed in this rule.

(c) Fleet Signage. If the reported fleet is either a project fleet used exclusively by the active participant on a project, or if it is the total operating fleet used by an active participant, then the active participant may construct a sign using a template provided by DEQ that lists that participant's fleet designation status. The sign may be used at the site of a project or at the active participant's place of business.

(d) Exemptions. An active participant may request emergency use exemption status for a piece of equipment or vehicle that needs to be used as a part of their reported fleet. Emergency use status will be determined by DEQ on a case-by-case basis.

Or. Admin. R. 340-269-0130

DEQ 7-2023, adopt filed 07/20/2023, effective 8/1/2023

Statutory/Other Authority: ORS 468.020, ORS 468.035 & 468A.813

Statutes/Other Implemented: ORS 468.035 & 468A.813