Current through Register Vol. 64, No. 3, March 1, 2025
(1) Eligibility:
Dealership participants in the Remote OBD Testing Program must meet the
following eligibility requirements:
(a) Must
obtain and have current all required licenses to operate a
dealership,
(b) Must be located in,
and provide service within the state of Oregon;
(c) Must be in compliance with environmental
laws, and demonstrate a history of compliance with environmental quality laws
during the 10-year period prior to apply to become a host participant, as
provided in ORS 468.066;
(d) Must not have committed any crimes or
violated any stat laws or rules, that included engagement in any fraudulent or
deceptive activity; and
(e) Must
have been issued, maintain and comply with all other applicable business
licensing, registration, and permitting requirements.
(2) Application: A person who would like to
participate as a Dealership Participant in the Remote OBD Testing program must
submit an application to DEQ in the form and format required by the DEQ. All of
the following information which must be marked as confidential the applicant
asserts that is not subject to disclosure under ORS
468.066(2)(b):
(a) A list of the applicant's current
corporate officers, managers, members of the board of directors, general
partners or other persons who exercise substantial control on behalf of or over
the applicant;
(b) A list of:
(A) Parent corporations, or similar business
entities, that exercise substantial control over the applicant; and
(B) subsidiary corporations, or similar
business entities, over which the applicant exercises substantial control;
and
(c) Notices or other
documents stating that a person has violated the provisions or ORS
448.305,
454.010 to
454.040,
454.205 to
454.255,
454.505 to
454.535 and
454.605 to
454.755 and ORS chapters 459,
459A, 465, 466, 468, 468A and 468B, any rule or standard adopted under those
statutes or any order or permit issued by the department or the Environmental
Quality Commission.
(3)
Upon receipt of an application as described in section (2);
(a) DEQ will review the application to
determine whether it is complete. DEQ will notify the applicant of its
determination of completeness within 60 days of DEQ's receipt of the
application, however, if DEQ does not notify the applicant of its completeness
determination within 60 days of receipt then the application will be deemed
denied;
(b) DEQ may request
supplemental information in writing before making a final determination of
completeness. If DEQ requests supplemental information, the applicant must
provide the information to the DEQ within 30 calendar days of the date of DEQ's
request. If the applicant does not provide the supplemental information by that
deadline, the application will be deemed denied. DEQ will again review the
application to determine whether it is complete as provided in subsection (a),
and the date that DEQ receives the supplemental information will be deemed the
new application submittal date; and
(c) DEQ will review complete applications to
determine whether the applicant meets the eligibility criteria in section (1).
Applicants that meet that criteria will be approved to be Dealership
participants.
(4) Testing
Procedures: Dealership participants must continuously meet the following
program requirements:
(a) Dealership
participants must maintain compliance with the eligibility requirements
described in section (1).
(b) All
remote OBD testing must be done with equipment that is leased or owned by the
Dealership participant;
(c) all
leased or owned equipment used for remote OBD testing must meet the standards
established in OAR 340-256-0466.
(d) Vehicles with observable coolant, oil or
fuel leaks or any other such defect that make conducting the emission test
unsafe, must be rejected from the testing area;
(e) Emissions test of light-duty motor
vehicles may only be conducted on vehicles that are model year 2005 and newer
model years;
(f) Emissions test of
heavy-duty gasoline vehicles may only be conducted on vehicles that are:
(A) Model year 2013 and newer model years;
and
(B) Equipped with an OBD-II
compliant or newer OBD system;
(g) Emissions test may only be conducted on
vehicles with a properly affixed and readable VIN; and
(h) Emissions tests may only be conducted if
a vehicle's OBD system matches the original manufacturer's information and
communicates with the participant's OBD analytical equipment, and;
(A) All 2005 and subsequent model year
light-duty vehicles must have the VIN included in the vehicle OBD information
and;
(B) All 2013 and subsequent
model year heavy-duty vehicles must have the VIN included in the vehicle OBD
information,
(5) Record Keeping: Dealership participants
in the remote OBD testing program must keep a record of:
(a) All devices used for testing and the
manufacturing information for each device used;
(c) A copy of the dealership participant's
application to DEQ to be approved as a Dealership participant.
(6) DEQ may audit participants in
the remote OBD testing program to ensure testing method and recordkeeping
compliance. Dealership participants must provide all records described in
section (5), and all other relevant information, as requested by DEQ, and must
cooperate fully with DEQ's audit.
(7) Dealerships must additionally adhere to
all requirements in 340-256-0467 if a Dealership participant intends to offer
Remote OBD testing for the general public meaning cars not in their
inventory,
(8) Fees charged by
Dealerships: Dealership participants may not request or require payment of fees
for performing the remote OBD testing other than as provided in this section.
If a dealership participant charges such a fee, then the following are
required:
(a) Dealership participants are
prohibited from setting a fee to same dollar amount as a Clean Air Certificate
in the respective regions as set in OAR
340-256-0320
(b) A statement, in clearly legible writing,
must be included in the invoice or receipt provided to the customer: "DEQ does
not require or charge any fees for testing via DEQ Too. The only fee required
by the DEQ is the cost of the Clean Air Certificate. Any additional fees are at
the discretion of the business conducting the emissions test and are not
required by DEQ."
(c) On bills,
receipts, or statements issued by the Dealership to the customer the Dealership
must label the fee charged as "Third Party Fee".
[NOTE: This rule is included in the State of Oregon Clean Air
Act Implementation that EQC adopted under OAR
340-200-0040.]
Statutory/Other Authority: ORS
468A.380
Statutes/Other Implemented: ORS
468A.380
