Current through Register Vol. 63, No. 12, December 1, 2024
(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 (12) 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 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, 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) Notwithstanding the requirements of
section (3) of this rule, 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, be
retrofit with a Verified Diesel Oxidation Catalyst or Verified Diesel
Particulate Filter, for the following projects:
(a) The Interstate 5 Rose Quarter
Project;
(b) The Interstate 205
Abernethy Bridge Project;
(c) The
Interstate 205 Freeway Widening Project;
(d) The State Highway 217 Northbound Project;
and
(e) The State Highway 217
Southbound Project.
(5)
The following categories of Non-Road Diesel Equipment are exempt from sections
(3) and (4) 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 a
Solicitation Document 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 sections (3) and (4) of this
rule, may be counted as compliant equipment for purposes of the calculation
under section (7).
(6)
To verify compliance with sections (3) and (4) of this rule, the Contractor
must submit all required or necessary data to the Contracting Agency, according
to the specifications of the Public Improvement Contract.
(7) Contractor compliance with sections (3)
and (4) 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 (7)(a) by the
required percentage under sections (3) or (4) of this rule (round to the
nearest whole number) = _______
(c)
Total pieces of Non-Road Diesel Equipment that qualify for an exemption under
sections (5)(a) and (5)(b) of this rule =_______
(d) Subtract the number under section (7)(c)
from the number under (7)(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 7(d)) =_______
(8) 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, and for
the Interstate 5 Rose Quarter Project, the Interstate 205 Abernethy Bridge
Project, the Interstate 205 Freeway Widening Project, the State Highway 217
Northbound Project, and the State Highway 217 Southbound Project; 50 percent of
the total on-road concrete mixer trucks and on-road 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;
(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 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;
(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 contract must be powered by a model year 2010 or newer
engine.
(9) The
requirements of section (8) of this rule apply to on-road concrete mixer trucks
and on-road dump trucks, powered by compression ignition diesel engines that
are owned or operated by Contractors, subcontractors, and those operated under
trucking services agreements.
(10)
The requirements of section (8) of this rule do not apply to the following:
(a) Concrete mixer trucks or dump trucks
powered by compression ignition diesel engines that are owned and operated by a
Certified Firm 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 that are owned and operated by
suppliers or vendors delivering materials to a Project Site, that are not
operated under a trucking services agreement or subcontract.
(11) The Contracting Agency may at
any time suspend, extend, or otherwise modify the timeline provided in sections
(5)(b) and (10)(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.
Statutory/Other Authority: ORS 184.619 & ORS 279C
Statutes/Other Implemented: ORS
279C
