OAR 340-242-0270
Employee Commute Options Program: Are Exemptions Allowed if an Employer is Unable to Reduce Trips or Take Advantage of Alternate Compliance Options?

(1)

An employer is fully exempt from OAR 340-242-0010 (Employee Commute Options Program: What is the Employee Commute Options Program?) through 340-242-0290 (Employee Commute Options Program: What Kind of Records Must Be Kept and for How Long?) if the employer submits reasonable documentation for each of the following:

(a)

Work site is located in an area for which:

(A)

Public transit service during work shift changes is less frequent than thirty minute intervals; or

(B)

The public transit service point is further than one-half mile from employee’s usual parking area; or

(C)

Work shift changes occur between 8:30 p.m. and 5:30 a.m.

(b)

Upon completing the employee survey and providing reasonable promotion for a carpool matching program, employees indicating a willingness to car/vanpool cannot be matched within the work site or through Tri-Met’s carpool matching database or employee turnover rate is greater than 50 percent per year;

(c)

The nature of employees’ work requires them to perform their work at the work site or during specific hours and days, eliminating the possibility of telecommuting or compressed work weeks/hours; and

(d)

No options exist for the employer to achieve equivalent emission reductions at no net annualized cost to the employer (including both capital and operating costs).

(2)

Partial exemptions.

(a)

The Department will grant a partial exemption for that portion of an employer’s work force for which sections (1)(a) through (c) of this rule apply;

(b)

The Department will grant a partial exemption for section (1)(d) of this rule in direct proportion to the remaining work trips to be reduced after quantifying all available equivalent emission reductions.

(3)

Employers must submit requests for partial or total exemptions to the Department, on application forms provided by the Department, by the deadline for plan or notice submittal. The Department will approve or deny the employer’s request for exemption by letter to the employer. If the employer objects to any condition or limitation in that letter, the employer may request a contested case hearing as described in OAR 340-242-0170 (Employee Commute Options Program: When Will the Department Act on a Submitted Auto Trip Reduction Plan?).

(4)

Employers must renew requests for exemptions every three years.

Source: Rule 340-242-0270 — Employee Commute Options Program: Are Exemptions Allowed if an Employer is Unable to Reduce Trips or Take Advantage of Alternate Compliance Options?, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=340-242-0270.

340‑242‑0010
Employee Commute Options Program: What is the Employee Commute Options Program? 340‑242‑0020
Employee Commute Options Program: Who is Subject to ECO? 340‑242‑0030
Employee Commute Options Program: What Does ECO Require? 340‑242‑0040
Employee Commute Options Program: How Does the Department Enforce ECO? 340‑242‑0050
Employee Commute Options Program: Definitions of Terms Used in These Rules 340‑242‑0060
Employee Commute Options Program: Should All Employees at a Work Site Be Counted? 340‑242‑0070
Employee Commute Options Program: What are the Major Requirements of ECO? 340‑242‑0080
Employee Commute Options Program: What are the Registration Requirements? 340‑242‑0090
Employee Commute Options Program: What are the Requirements for an Employee Survey? 340‑242‑0110
Employee Commute Options Program: What If an Employer Does Not Meet the Target Auto Trip Rate? 340‑242‑0120
Employee Commute Options Program: How Will Employers Demonstrate Progress Toward the Target Auto Trip Rate? 340‑242‑0140
Employee Commute Options Program: How Should Employers Account for Changes in Work Force Size? 340‑242‑0150
Employee Commute Options Program: How Can an Employer Reduce Auto Commute Trips to a Work Site? 340‑242‑0160
Employee Commute Options Program: What Should Be Included in an Auto Trip Reduction Plan? 340‑242‑0170
Employee Commute Options Program: When Will the Department Act on a Submitted Auto Trip Reduction Plan? 340‑242‑0180
Employee Commute Options Program: What is a Good Faith Effort? 340‑242‑0190
Employee Commute Options Program: How Does the ECO Program Affect New Employers, Expanding Employers and Employers Relocating within the Portland AQMA? 340‑242‑0200
Employee Commute Options Program: Can a New or Relocating Employer Comply with ECO Through Restricted Parking Ratios? 340‑242‑0210
Employee Commute Options Program: Can an Existing Employer Comply with ECO Through Restricted Parking Ratios? 340‑242‑0220
Employee Commute Options Program: What if an Employer Has More Than One Work Site Within the Portland AQMA? 340‑242‑0230
Employee Commute Options Program: Can Employers Submit a Joint Plan? 340‑242‑0240
Employee Commute Options Program: Are There Alternatives to Trip Reduction? 340‑242‑0250
Employee Commute Options Program: What Alternatives Qualify as Equivalent Emission Reductions? 340‑242‑0260
Employee Commute Options Program: Can Employers Get Credit for Existing Trip Reduction Programs? 340‑242‑0270
Employee Commute Options Program: Are Exemptions Allowed if an Employer is Unable to Reduce Trips or Take Advantage of Alternate Compliance Options? 340‑242‑0280
Employee Commute Options Program: Participation in the Industrial Emission Management Program 340‑242‑0290
Employee Commute Options Program: What Kind of Records Must Be Kept and for How Long? 340‑242‑0300
Voluntary Maximum Parking Ratio Program: What is the Voluntary Parking Ratio Program? 340‑242‑0310
Voluntary Maximum Parking Ratio Program: Who Can Participate in the Voluntary Parking Ratio Program? 340‑242‑0320
Voluntary Maximum Parking Ratio Program: Definitions of Terms and Land Uses 340‑242‑0330
Voluntary Maximum Parking Ratio Program: How Does a Property Owner Comply with the Voluntary Parking Ratio Program? 340‑242‑0340
Voluntary Maximum Parking Ratio Program: What are the Incentives for Complying with the Voluntary Parking Ratio Program? 340‑242‑0350
Voluntary Maximum Parking Ratio Program: Why Do I Need a Parking Ratio Permit? 340‑242‑0360
Voluntary Maximum Parking Ratio Program: What is Required to Obtain a Parking Ratio Permit? 340‑242‑0370
Voluntary Maximum Parking Ratio Program: How is the Parking Ratio Program Enforced? 340‑242‑0380
Voluntary Maximum Parking Ratio Program: When Will the Department Act on a Submitted Permit Application? 340‑242‑0390
Voluntary Maximum Parking Ratio Program: What are the Applicable Parking Ratios? 340‑242‑0400
Industrial Emission Management Program: Applicability 340‑242‑0410
Industrial Emission Management Program: Definition of Terms 340‑242‑0420
Industrial Emission Management Program: Unused PSEL Donation Program 340‑242‑0430
Industrial Emission Management Program: Industrial Growth Allowances 340‑242‑0440
Industrial Emission Management Program: Industrial Growth Allowance Allocation 340‑242‑0500
Gasoline Vapors from Gasoline Transfer and Dispensing Operations: Purpose and Applicability 340‑242‑0510
Gasoline Vapors from Gasoline Transfer and Dispensing Operations: Definitions 340‑242‑0520
Gasoline Vapors from Gasoline Transfer and Dispensing Operations: General Provisions 340‑242‑0600
Motor Vehicle Refinishing: Applicability 340‑242‑0610
Motor Vehicle Refinishing: Definitions 340‑242‑0620
Motor Vehicle Refinishing: Requirements for Motor Vehicle Refinishing in Portland AQMA 340‑242‑0630
Motor Vehicle Refinishing: Inspecting and Testing Requirements
Last Updated

Jun. 8, 2021

Rule 340-242-0270’s source at or​.us