Current through Register Vol. 64, No. 3, March 1, 2025
(1) Eligibility:
Host participants in the Remote OBD Testing Program must meet the following
eligibility requirements:
(a) Must have
provided a commercially viable primary automotive service or automotive service
- related product for at least 12-months. A person who proposes to operate
solely as an emissions testing business is not eligible;
(b) Must be located in and provide service
within the state of Oregon; and
(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
filing the application, as provided in ORS 468.0066;
(d) Must not have committed any crimes or
violated any state 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 Host 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 468.006(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 host
participants.
(4) Testing
Procedures: Host participants must continuously meet the following program
requirements:
(a) Host participants must
continuously 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 host
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) All communications with customer about
the test must comply with the following:
(a) A
host participant may not represent themselves or the testing devices as agents
of the State of Oregon, DEQ, or the VIP program; and
(b) A host participant may not communicate
whether the vehicle has passed or failed the test;
(6) Fees charged by Host Participants: Host
participants may not request or require payment of fees for performing the
Remote OBD testing other than as provided in this section. If a host
participant charges such a fee, then the following are required:
(a) Host 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 Host to the customer the Host must label
the fee charged as "Third Party Fee".
(7) Record Keeping: host 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;
(b) A copy of the host participant's
application to DEQ to be approved as a host participant.
(8) DEQ may audit participants in the remote
OBD testing program to ensure testing method and recordkeeping compliance. Host
participants must provide all records described in section (7), and all other
relevant information, as requested by DEQ, and must cooperate fully with DEQ's
audit.
[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,
468.066
