OAR 731-149-0020: Clean Diesel Construction Standard

(1) The Oregon Department of Transportation does not adopt any Oregon Department of Justice Division 049 rule related to diesel engine requirements pursuant to ORS 279C.537. The Oregon Department of Transportation has adopted OAR 731-005-0800 and OAR 731-149-0020 to implement ORS 279C.537. (2) The definitions provided in OAR 731-005-0430 apply to sections (3) through (10) of this rule. (3) For a Public Improvement Contract where the majority of the Project Site is located within Clackamas, Multnomah, or Washington County, the public improvement is subject to the following requirements: (a) For a Public Improvement Contract with a Solicitation Document advertisement date on or after January 1, 2022 but before January 1, 2025, when the Public Improvement Contract will have an awarded Contract Amount of $20 million or more, 60 percent of the total Non-Road Diesel Equipment used on the Project Site during the performance of the Public Improvement Contract must meet or exceed United States Environmental Protection Agency Tier 4 Exhaust Emission Standards for non-road compression ignition diesel engines; or if not equipped with a Tier 4 compression ignition diesel engine, must be retrofit with a Verified Diesel Oxidation Catalyst or Verified Diesel Particulate Filter; (b) For a Public Improvement Contract with a Solicitation Document advertisement date on or after January 1, 2025 but before January 1, 2029, when the Public Improvement Contract will have an awarded Contract Amount of $15 million or more, 70 percent of the total Non-Road Diesel Equipment used on the Project Site during the performance of the Public Improvement Contract must meet or exceed United States Environmental Protection Agency Tier 4 Exhaust Emission Standards for non-road compression ignition diesel engines; or if not equipped with a Tier 4 compression ignition diesel engine, must be retrofit with a Verified Diesel Oxidation Catalyst or Verified Diesel Particulate Filter; (c) For a Public Improvement Contract with a Solicitation Document advertisement date on or after January 1, 2029, when the Public Improvement Contract will have an awarded Contract Amount of $10 million or more, 80 percent of the total Non-Road Diesel Equipment used on the Project Site during the performance of the Public Improvement Contract must meet or exceed United States Environmental Protection Agency Tier 4 Exhaust Emission Standards for non-road compression ignition diesel engines; or if not equipped with a Tier 4 compression ignition diesel engine, must be retrofit with a Verified Diesel Oxidation Catalyst or Verified Diesel Particulate Filter. (4) The following Non-Road Diesel Equipment are exempt from section (3) of this rule: (a) Non-Road Diesel Equipment required for an Emergency, as determined by the Contracting Agency responsible for administering the Public Improvement Contract; and (b) For a Public Improvement Contract with an advertisement date before January 1, 2029, Non-Road Diesel Equipment owned and operated by a Certified Firm. For a Public Improvement Contract with an advertisement date before January 1, 2029, Non-Road Diesel Equipment that is owned and operated by a Certified Firm, and is otherwise compliant with the requirements of section (3) of this rule, may be counted as compliant Non-Road Diesel Equipment for purposes of the calculation under section (5)(a). (5) To verify compliance with section (3) of this rule, Contractor must submit all required and necessary data to the Contracting Agency, according to the specifications of the Public Improvement Contract. (a) Compliance with section (3) of this rule will be determined by the following calculation: (A) Total pieces of Non-Road Diesel Equipment used on the Project Site =_______ (B) Multiply the answer to (5)(a)(A) by the required percentage under section (3) of this rule (round to the nearest whole number) =_______ (C) Total pieces of Non-Road Diesel Equipment that qualify for an exemption under sections (4)(a) and (4)(b) of this rule =_______ (D) Subtract the number under section (5)(a)(C) from the number under (5)(a)(B) =_______ (E) Total pieces of Non-Road Diesel Equipment used on the Project Site that must meet or exceed United States Environmental Protection Agency Tier 4 Exhaust Emission Standards for non-road compression ignition diesel engines; or if not equipped with a Tier 4 compression ignition diesel engine, be retrofit with a Verified Diesel Oxidation Catalyst or Verified Diesel Particulate Filter (equal to (5)(a)(D)) =_______ (6) For a Public Improvement Contract where the majority of the Project Site is located within Clackamas, Multnomah, or Washington County, the Public Improvement Contract is subject to the following requirements: (a) For a Public Improvement Contract with a Solicitation Document advertisement date on or after January 1, 2022 but before January 1, 2025, when the Public Improvement Contract will have an awarded Contract Amount of $20 million or more, 50 percent of the total on-road concrete mixer trucks and on-road dump trucks, powered by a compression ignition diesel engine, used on the Project Site during the performance of the Public Improvement Contract must be powered by a model year 2010 or newer engine; (b) For a Public Improvement Contract with a Solicitation Document advertisement date on or after January 1, 2025 but before January 1, 2029, when the Public Improvement Contract will have an awarded Contract Amount of $15 million or more, 75 percent of the total on-road concrete mixer trucks and on-road dump trucks, powered by a compression ignition diesel engine, used on the Project Site during the performance of the Public Improvement Contract must be powered by a model year 2010 or newer engine; (c) For a Public Improvement Contract with a Solicitation Document advertisement date on or after January 1, 2029, when the Public Improvement Contract will have an awarded Contract Amount of $10 million or more, 100 percent of the total concrete mixer trucks and dump trucks, powered by compression ignition diesel engines, used on the Project Site during the performance of the Public Improvement Contract must be powered by a model year 2010 or newer engine. (7) The requirements of section (6) of this rule apply to on-road concrete mixer trucks and on-road dump trucks powered by compression ignition diesel engines owned or operated by Contractors, subcontractors, and those operated under trucking services agreements. (8) The requirements of section (6) of this rule do not apply to the following: (a) Concrete mixer trucks or dump trucks powered by compression ignition diesel engines owned and operated by a Certified Firm providing Work under a Public Improvement Contract with a Solicitation Document advertisement date before January 1, 2029; and (b) Concrete mixer trucks or dump trucks powered by compression ignition diesel engines owned and operated by suppliers or vendors delivering materials to a Project Site under a Public Improvement Contract, that are not operated under a trucking services agreement or subcontract. (9) For purposes of this rule, a Contract does not become a Public Improvement Contract until construction work is described, specified, authorized and agreed upon by the parties to the Contract. A Contract that has not yet become a Public Improvement Contract includes, but is not limited to, a Contract for Construction Manager/General Contractor Services which only include preconstruction services to be provided by the Contractor, or a progressive design-build Contract that only includes preliminary design services to be provided by the Contractor. (10) The Contracting Agency may at any time suspend, extend, or otherwise modify the timeline provide in section (4)(b) and (8)(a) of this rule related to exemptions provided to Certified Firms, if the Contracting Agency finds that market conditions, or other factors, exist that would render the expiration of the exemption unreasonable, or would inflict undue burden on Certified Firms.