OAR 340-261-0050: Incorporation by Reference

(1) For purposes of applying the incorporated sections of the California Code of Regulations described in this rule, “California” or “CA” means “Oregon” or “OR,” respectively, and “Air Resources Board (ARB)” or “California Air Resources Board (CARB)” means Department of Environmental Quality (DEQ) or Environmental Quality Commission (EQC) depending on context, unless otherwise specified in this division or the application is clearly inappropriate. (2) The sections of the California Code of Regulations (CCR), Title 13 and Title 17, adopted by reference in sections (3) and (4) are in addition to, and compatible with, the CCR, Title 13, standards and requirements adopted by reference under OAR 340-257-0050. It is the intent of this rule that the standards and requirements adopted by reference under OAR 340-257-0050 also apply in Oregon to the on-highway medium- and heavy-duty engines and vehicles regulated by the CCR, Title 13 and Title 17, standards and requirements adopted by reference in this rule, to the same extent and identical to how they would apply in California. (3) Emission standards, testing procedures, warranty, reporting, enforcement, recall and other California provisions adopted by reference. Each manufacturer of new 2027 and subsequent model year on-highway medium- and heavy-duty engines and 2028 and subsequent model year medium- and heavy-duty trucks must comply with each of the following applicable standards specified in CCR, Title 13 as incorporated by reference herein. In addition, on and after January 1, 2025, each manufacturer of medium- and heavy-duty engines and vehicles shall comply with the applicable zero emission powertrain certification standards specified in CCR, Title 13, Section 1956.8(a)(8), incorporated by reference in subsection (a): (a) Section 1956.8(a) – (f) and (i): Exhaust Emission Standards and Test Procedures – 1985 and Subsequent Model Heavy Duty Engines and Vehicles. California effective date 5/9/2025. Except that CCR Title 13, Section 1956.8(a)(2)(F) “Transit Agency Diesel-Fueled Bus Engine Exemption Request” shall be disregarded and is not incorporated by reference. (b) Section 1971.1: On-Board Diagnostic System Requirements – 2010 and Subsequent Model-Year Heavy-Duty Engines. California adopted date 12/28/2023. (c) Section 2036: Defects Warranty Requirements for 1979 Through 1989 Model Passenger Cars, Light-Duty Trucks, and Medium-Duty Vehicles; 1979 and Subsequent Model Motorcycles and Heavy-Duty Vehicles; and Motor Vehicle Engines Used in Such Vehicles; and 2020 and Subsequent Model Year Trailers. California effective date 4/1/22. (d) Section 2121: Penalties. California adopted date 9/9/21. Except that the reference in this regulation to “a violation of Health and Safety Code Section 43105” shall be disregarded and is not incorporated by reference. (e) Section 2137: Vehicle, Engine, and Trailer Selection. California effective date 4/1/22. (f) Section 2139: Testing. California adopted date 9/9/21. (g) Section 2139.5: CARB Authority to Test for Heavy-Duty In-Use Compliance. California effective date 04/21/03. (h) Section 2140: Notification and Use of Test Results. California adopted date 9/9/21. (i) Section 2166: General Provisions. California adopted date 9/9/21. (j) Section 2166.1: Definitions. California adopted date 9/9/21. (k) Section 2167: Required Recall and Corrective Action for Failures of Exhaust After-Treatment Devices, On-Board Computers or Systems, Urea Dosers, Hydrocarbon Injectors, Exhaust Gas Recirculation Valves, Exhaust Gas Recirculation Coolers, Turbochargers, Fuel Injectors. California adopted date 9/9/21. (l) Section 2168: Required Corrective Action and Recall for Emission-Related Component Failures. California adopted date 9/9/21. (m) Section 2169: Required Recall or Corrective Action Plan. California adopted date 9/9/21. (n) Section 2169.1: Approval and Implementation of Corrective Action Plan. California adopted date 9/9/21. (o) Section 2169.2: Notification of Owners. California adopted date 9/9/21. (p) Section 2169.3: Repair Label. California adopted date 9/9/21. (q) Section 2169.4: Proof of Correction Certificate. California adopted date 9/9/21. (r) Section 2169.5: Preliminary Tests. California 9/9/21 date 9/9/21. (s) Section 2169.6: Communication with Repair Personnel. California adopted date 9/9/21. (t) Section 2169.7: Recordkeeping and Reporting Requirements. California adopted date 9/9/21. (u) Section 2169.8: Extension of Time. California adopted date 9/9/21. (v) Section 2423(n): Exhaust Emission Standards and Test Procedures – Off-Road Compression-Ignition Engines. California adopted date 9/9/21. (w) Section 2485: Airborne Toxic Control Measure to Limit Diesel-Fueled Commercial Motor Vehicle Idling. California adopted date 9/9/21. (4) Emission standards, testing procedures, warranty, reporting, enforcement, recall and other California provisions adopted by reference. Each manufacturer of new 2028 and subsequent model year on-highway medium- and heavy-duty vehicles must comply with each of the following applicable standards specified in CCR, Title 17 as incorporated by reference herein: (a) Section 95660: Purpose. California effective date 1/1/2015. (b) Section 95661: Applicability. California effective date 1/1/2015. (c) Section 95662: Definitions. California effective date 12/22/21. (d) Section 95663: Greenhouse Gas Exhaust Emission Standards and Test Procedures for New 2014 and Subsequent Model Heavy-Duty Vehicles. California effective date 12/22/21.