Or. Admin. Code § 340-255-0020

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

Section 340-255-0020 - Definitions

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

(1) "Airport Ground Support Equipment" means vehicles and equipment used at an airport to service aircraft between flights.

(2) "All-Electric" means powered exclusively by electricity provided by a battery, fuel cell, or the grid.

(3) "Alternative fuel" means biofuels, biogas, natural gas, liquefied petroleum gas, hydrogen and electricity.

(4) "Alternate Fueled" means an engine, or a vehicle or piece of equipment that is powered by an engine, which uses a fuel different from or in addition to gasoline fuel or diesel fuel (e.g., CNG, propane, diesel-electric hybrid).

(5) "Beneficiaries" means Oregon Department of Environmental Quality.

(6) "Certified Remanufacture System or Verified Engine Upgrade" means engine upgrades certified or verified by EPA or CARB to achieve a reduction in emissions.

(7) "CFR" means the Code of Federal Regulations in effect on November 15th, 2020, or the edition of the CFR referenced in OAR 340-200-0035, whichever is more current.

(8) "CNG" means Compressed Natural Gas.

(9) "Cost-effectiveness threshold" means the cost, in dollars, per ton of diesel particulate matter reduced, as established under OAR 340-259-0025.

(10) "DERA" means the Diesel Emission Reduction Act, Title VII, Subtitle G, of the Energy Policy Act of 2005 (codified at 42 U.S.C. § 16131-16139).

(11) "Diesel engine" means a compression ignition engine.

(12) "Drayage Trucks" means trucks primarily engaged in hauling cargo to and from ports and intermodal rail yards.

(13) "Eligible Airport Ground Support Equipment" means vehicles and equipment used at an airport to service aircraft between flights that is powered by a Tier 0, Tier 1, or Tier 2 diesel engine or by a spark ignition engine that is uncertified or is certified to three grams per brake horsepower-hour or higher emissions.

(14) "Eligible Buses" means 2009 engine model year or older vehicles with a Class 4-8 GVWR greater than 14,001 pounds used for transporting people.

(15) "Eligible Equipment" means equipment that is in one of the following categories: eligible large trucks, eligible buses, eligible freight switchers, eligible ferries and tugs, eligible medium trucks, eligible airport ground support equipment, eligible forklifts, or eligible port cargo handling equipment.

(16) "Eligible Ferries and Tugs" means vessels with unregulated, Tier 1, or Tier 2 engines.

(17) "Eligible Forklifts" means forklifts with greater than 8000 pounds lift capacity.

(18) "Eligible Freight Switchers" means pre-Tier 4 freight switchers that operate 1000 or more hours per year.

(19) "Eligible Large Trucks" means 1992-2009 engine model year trucks with a Class 8 GVWR greater than 33,001 pounds used for one or more of port drayage, freight delivery or cargo delivery (including waste haulers, dump trucks and concrete mixers).

(20) "Eligible Marine Shorepower" means power provided for ocean-going vessels while at berth using systems that (a) enable a compatible vessel's main and auxiliary engines to remain off while the vessel is at berth, (b) comply with international shore power design standards (ISO/IEC/IEEE 80005-1-2012 High Voltage Shore Connection Systems or the IEC/PAS 80005-3:2014 Low Voltage Shore Connection Systems), and (c) are supplied with power sourced from the local utility grid.

(21) "Eligible Medium Trucks" means 1992-2009 engine model year trucks with a Class 4-7 GVWR between 14,001 and 33,000 pounds and that are trucks, including commercial trucks, used to deliver cargo and freight (for example, courier services, delivery trucks, box trucks moving freight, waste haulers, dump trucks and concrete mixers).

(22) "Eligible Mitigation Action" means any of the actions listed in Appendix D-2 of the Environmental Mitigation Trust Agreement.

(23) "Eligible Port Cargo Handling Equipment" means diesel-powered port cargo handling equipment that operates 1000 or more hours per year.

(24) "Environmental Mitigation Trust Agreement" means the fully executed Environmental Mitigation Trust Agreement for State Beneficiaries effective October 2, 2017, and issued pursuant to Paragraph 17 of the Volkswagen "Clean Diesel" Marketing, Sales Practices and Products Liability Litigation partial consent decree dated October 25, 2016.

(25) "Equivalent equipment" means a piece of equipment that performs the same function and has the equivalent horsepower to a piece of equipment subject to a replacement.

(26) "Equivalent motor vehicle" means a motor vehicle that performs the same function and is in the same weight class as a motor vehicle subject to a replacement.

(27) "Forklift" means nonroad equipment used to lift and move materials short distances, generally using tines to lift objects, including reach stackers, side loaders, and top loaders.

(28) "Freight Switcher" means a locomotive that moves rail cars around a rail yard as compared to a line-haul engine that moves freight long distances.

(29) "Generator Set" means a switcher locomotive equipped with multiple engines that can turn off one or more engines to reduce emissions and save fuel depending on the load it is moving.

(30) "Gross vehicle weight rating" or "GVWR" means the value specified by the manufacturer as the maximum loaded weight of a single or a combination vehicle. Class 1: < 6000 lb. Class 2: 6001-10,000 lb. Class 3: 10,001-14,000 lb. Class 4: 14,001-16,000 lb. Class 5: 16,001-19,500 lb. Class 6: 19,501-26,000 lb. Class 7: 26,001-33,000 lb. Class 8: > 33,001 lb.

(31) "Heavy-duty truck" means a motor vehicle or combination of vehicles operated as a unit that has a gross vehicle weight rating that is greater than 26,000 pounds.

(32) "Hybrid" means a vehicle that combines an internal combustion engine with a battery and electric motor.

(33) "Infrastructure" means the equipment used to enable the use of electric powered vehicles (for example, electric vehicle charging station).

(34) "Intermodal Rail Yard" means a rail facility in which cargo is transferred from drayage truck to train or vice-versa.

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

(36) "Nonroad diesel engine" means a diesel engine of 25 horsepower or more that is not designed primarily to propel a motor vehicle on public highways.

(37) "Port Cargo Handling Equipment" means equipment that operates within ports and are rubber-tired gantry cranes, straddle carriers, shuttle carriers, terminal tractors, yard hostlers or yard tractors.

(38) "Plug-in Hybrid Electric Vehicle (PHEV)" means a vehicle that is similar to a Hybrid but is equipped with a larger, more advanced battery that allows the vehicle to be plugged in and recharged in addition to refueling with gasoline. This larger battery allows the car to be driven on a combination of electric and gasoline fuels.

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

(40) "Replacement" or "Replace" means to scrap a motor vehicle powered by a diesel engine and replace the motor vehicle with an equivalent motor vehicle, or to scrap a piece of equipment powered by a nonroad diesel engine and replace the equipment with equivalent equipment. "Replacement" does not include ordinary maintenance, repair or replacement of a diesel engine.

(41) "Repower" means to replace an existing engine with a newer, cleaner engine or power source that is certified by EPA and, if applicable, CARB, to meet a more stringent set of engine emission standards. Repower includes, but is not limited to, diesel engine replacement with an engine certified for use with diesel or a clean alternate fuel, diesel engine replacement with an electric power source (e.g., grid, battery), diesel engine replacement with a fuel cell, diesel engine replacement with an electric generator(s) (genset), diesel engine upgrades in Ferries/Tugs with an EPA Certified Remanufacture System, and/or diesel engine upgrades in Ferries/Tugs with an EPA Verified Engine Upgrade. All-electric and fuel cell Repowers do not require EPA or CARB certification.

(42) "Retrofit" means to equip a diesel engine with new emissions-reducing parts or technology after the manufacture of the original engine or to convert the diesel engine into an engine capable of being powered by alternative fuel. A retrofit must use the greatest degree of emissions reduction available for the particular application of the equipment retrofitted that meets the cost-effectiveness threshold.

(43) "School Bus" means a Class 4-8 bus sold or introduced into interstate commerce for purposes that include carrying students to and from school or related events. This includes any school bus type, A-D, as defined under OAR 581-053-003.

(44) "Scrap" means to destroy, render inoperable by cutting a 3-inch hole in the engine block, and make available for recycle. For Eligible Vehicles or Equipment being replaced, "scrap" includes rendering it inoperable by cutting its chassis frame rails completely in half.

(45) "Small fleet" means fleet size of 9 or fewer heavy and medium duty diesel vehicles.

(46) "Tier 0, 1, 2, 3, 4" shall refer to corresponding EPA engine emission classifications for, as applicable, nonroad engines (see 40 CFR § 86 Subpart A and 89.2), locomotives (see 40 CFR § 1033.101), and marine engines (see 40 CFR § 89.104 and 1042.101).

(47) "Truck" means a motor vehicle or combination of vehicles operated as a unit that has a gross vehicle weight rating that is greater than 14,000 pounds.

(48) "Tugs" means dedicated vessels that push or pull other vessels in ports, harbors, and inland waterways (for example, tugboats and towboats).

(49) "Vulnerable Population" means people under the age of 14 and over the age of 64, Black, indigenous, and people of color, people with a household income that is less than or equal to twice the federal poverty level, people who are linguistically isolated, and people age 25 or older who have not earned a high school diploma or passed a General Educational Equivalent (GED) test.

Or. Admin. Code § 340-255-0020

DEQ 2-2021, adopt filed 01/21/2021, effective 1/21/2021

Statutory/Other Authority: ORS 468A.805

Statutes/Other Implemented: ORS 468A.805