OAR 340-256-0540: Annual renewal and Periodic Verification Process

(1) The Department shall begin the process of receiving the annual renewal applications required by subsection (2), paragraph (a) of this rule during the Application Receipt Period. (2) In order to maintain a Certificate of Approved Retrofit Compliance, the Person who owns or to whom the Medium- or Heavy-duty Truck is registered must: (a) Annually and within the Application Receipt Period submit, using a Department-approved application, the following information, which shall all be obtained as recently as is feasible: (A) A supplementary certification signature from an installer, authorized by the Approved Retrofit Technology manufacturer, or an Approved Retrofit Technology manufacturer designated representative, stating that the installer or manufacturer conducted a visual, exhaust temperature and engine backpressure report and other inspection of the Approved Retrofit Technology and that it conforms to the manufacturer’s specifications of function and is not operating with decreased efficiency or effectiveness at the time of inspection; and (B) The results of an opacity test in accordance with the test procedures in Title 13, California Code of Regulations, Section 2193(d) (2020) showing a maximum smoke opacity standard not to exceed five percent for any Medium- or Heavy-duty Truck equipped Approved Retrofit Technology, regardless of its Diesel Engine model year; and (b) Participate in the Periodic Verification Process upon a request from the Department. The Department may conduct its Periodic Verification Process as a result of a random audit of a Certificate of Approved Retrofit Compliance or as a result of individualized suspicion regarding whether the Certificate of Approved Retrofit Compliance remains valid or should not have initially been issued. (3) Upon a request to engage in the Periodic Verification Process, the Person who owns or to whom a Medium-or Heavy-duty Truck is registered must submit the following within 60 calendar days: (a) A completed, Department approved periodic verification application form declaring to the truth and accuracy of information provided as part of the Periodic Verification Process; (b) Approved Retrofit Technology exhaust temperature and engine backpressure records for the past 24 months. The data must include an accurate date and time stamp that corresponds with periods of actual engine operation; (c) Approved Retrofit Technology filter cleaning and maintenance records matching the labeling requirements contained in OAR 340-256-0550 for the past 24 months, if any such cleaning or maintenance was done during that period; (d) Approved Retrofit Technology warranty repair for the past 24 months, if any such repair was done during that period; (e) Approved Retrofit Technology repair other than warranty repair for the past 24 months, if any such repair was done during that period; (f) The business address of and a signature from an installer, authorized by the Approved Retrofit Technology manufacturer, or an Approved Retrofit Technology manufacturer designated representative, attesting to the truth of the periodic verification information provided in paragraphs (b) through (e), as applicable; (g) Any additional information and access to the Medium-or Heavy-duty Truck for inspection, if requested by the Department. Access may be required at the Person who owns or to whom the Medium- or Heavy-duty Truck is registered or installer’s place of business, or other mutually agreed location and would be for the purpose of visually verifying the installation and required ongoing operation of the Approved Retrofit Technology. (4) As part of the Periodic Verification Process, the Department may accept information required by subsection (3) paragraphs (a) through (f) of this rule from the certified retrofit installer, a retrofit manufacture representative, or from the Person who owns or to whom the Medium- or Heavy-duty Truck is registered as long as it meets the requirements of in subsection (3) paragraphs (a) through (f) of this rule. (5) The Department shall review information submitted under subsection (3) for completeness and to determine whether the Approved Retrofit Technology has maintained the characteristics that made it eligible for a Certificate of Approved Retrofit Compliance under OAR 340-256-0530 at the time the Certificate of Approved Retrofit Compliance was issued. At the conclusion of its review, the Department shall issue a final order concluding either that the Certificate of Approved Retrofit Compliance remains valid or that the Certificate of Approved Retrofit Compliance shall be revoked. An order determining that the Certificate of Approved Retrofit Compliance shall be revoked shall include the reason(s) for the decision, and the revocation shall go into effect either after the order becomes final by default or final contested case order issued in accordance with ORS Chapter 183. (6) The Department may issue an order determining that the Certificate of Approved Retrofit Compliance shall be revoked if a Person who owns or to whom the Medium-or Heavy-duty Truck is registered to fails to comply with the requirements of this rule. An order determining that a Certificate of Approved Retrofit Compliance shall be revoked shall include the reason(s) for the decision, and the revocation shall go into effect either after the order becomes final by default or by final contested case order issued in accordance with ORS Chapter 183. (7) If the Department revokes the Certificate of Approved Retrofit Compliance for a Medium- or Heavy-duty Truck under subsections (5) or (6) and a Person wishes to obtain a new Certificate of Retrofit Compliance, the Person who owns or to whom the Medium-or Heavy-duty Truck shall be registered to may: (a) Install new or used retrofit technology that meets the requirements of OAR 340-256-0510 and apply for a Certificate of Approved Retrofit Compliance under OAR 340-256-0530; or (b) Correct the problems that led the Department to revoke the Certificate of Approved Retrofit Compliance and reapply for a Certificate of Approved Retrofit Compliance using the process outlined in subsection (8), if this is the first time that the Person who owns or to whom the Medium-or Heavy-duty Truck shall be registered has had their Certificate of Approved Retrofit Compliance revoked. (8) To reapply for a Certificate of Approved Retrofit Compliance, a Person who owns or to whom the Medium-or Heavy-duty Truck shall be registered shall submit to the Department: (a) An explanation of why the Certificate of Approved Retrofit Compliance was revoked, and what the Person who owns or to whom the vehicle shall be registered will do to prevent the same problem from reoccurring; (b) Documentation sufficient to allow the Department to conclude that the problems that led the Department to revoke the Certificate of Retrofit Compliance have been corrected; (c) Documentation sufficient to allow the Department to conclude that the retrofit technology has the characteristics that made it eligible for a Certificate of Approved Retrofit Compliance under OAR 340-256-0530 at the time the Certificate of Approved Retrofit Compliance was issued. This must include, but is not limited to, documentation sufficient to show that the retrofit technology met the requirement in OAR 340-256-0510(d). If the Approved Retrofit Technology was used at the time of installation, this must include, but is not limited to, a copy of the Department’s prior approval for the installation issued under OAR 340-256-0560 and information sufficient to allow the Department to determine that the installation was accomplished in compliance with Title 13, California Code of Regulations, Section 2706(i) (2020); and (d) A statement signed by the Person who owns or to whom the Medium- or Heavy-duty Truck shall be registered committing to and declaring the following: (A) That the Person who owns or to whom the Medium- or Heavy-duty Truck shall be registered notify the Department in writing if, after the issuance of a Certificate of Approved Retrofit Compliance, they become aware that changes occur such that the equipment no longer constitutes Approved Retrofit Technology; (B) That the Person who owns or to whom the Medium-or Heavy-duty Truck is registered must engage in the annual renewal and the Periodic Verification Process, if required under OAR340-256-0540; (C) That the Person who owns or to whom the Medium- or Heavy-duty Truck is registered will keep the records that will be required to be submitted under OAR 340-256-0540 if the Department engages that Person in the Periodic Verification Process; and (D) That the Person who owns or to whom the Medium- or Heavy-duty Truck is registered will not personally or allow anyone else to remove, modify, alter, or tamper with the Approved Retrofit Technology or any labels after the Department issues a Certificate of Approved Retrofit Compliance. (9) Upon receipt and review of the documentation in subsection (8), the Department may, but is not required to, reissue the Certificate of Retrofit Compliance if it determines that the reapplication was complete and the problems that led it to revoke the Certificate of Retrofit Compliance have been corrected. A final decision issued under this subsection (9) shall be a final order in a contested case issued in accordance with ORS Chapter 183.