1. (1) The Department shall review all applications received, including those submitted under OAR 340-256-0520, for completeness, to determine whether the retrofit technology constitutes Approved Retrofit Technology, and to determine if a Certificate of Retrofit Compliance should be issued. The Department will review applications based on the schedule shown on its website and in the order in which they are received.
2. (2) Based on its review in subsection (1) of this rule, the Department shall either issue a Certificate of Approved Retrofit Compliance or deny the request for a Certificate of Approved Retrofit Compliance. The Department’s decision to deny the request shall state the reason(s) for the denial. A final decision issued under this subsection (2) shall be a contested case order issued in accordance with ORS Chapter 183.
3. (3) The Department shall submit to the Department of Motor Vehicles a Certificate of Approved Retrofit Compliance for Medium-duty Trucks and to CCD for Heavy-duty Trucks, if the Department issues such a certificate under subsection (2) of this rule.

4. (4) Once issued, a Certificate of Approved Retrofit Compliance shall remain valid for the Medium- or Heavy-duty Truck to which it was issued until any of the following occur:

   1. (a) The retrofit technology no longer constitutes Approved Retrofit Technology;
   2. (b) The Department issues a final order revoking the Certificate of Approved Retrofit Compliance; or
   3. (c) The Person who owns or to whom the Medium- or Heavy-duty Truck is registered fails to obtain an annual renewal under OAR 340-240-0540.
5. (5) Once issued a Certificate of Approved Retrofit Compliance, the Person who owns or to whom the Medium- or Heavy-duty Truck is registered must comply with all of the commitments and declarations in OAR 345-256-0520(b)(A–E).
6. (6) Once issued a Certificate of Approved Retrofit Compliance, the Person who owns or to whom the Medium- or Heavy-duty Truck is registered must keep and maintain all records of Approved Retrofit Technology filter cleaning, exhaust temperature and engine backpressure, and maintenance (warranty and other than warranty repairs) for a minimum period of 24 months.

Statutory/Other Authority

ORS 468A.810, ORS 468A.360 & ORS 468.020

Statutes/Other Implemented

ORS 468A.810 & ORS 468A.350–468A.400

History

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