340-271-0450 Demonstration of Compliance (1) DEQ will determine a covered fuel supplier’s total compliance obligation for a compliance period as the sum of the covered fuel supplier’s annual compliance obligation(s) for each year of the compliance period. DEQ will base its determinations on emissions calculated according to OAR 340-271-0110(1). DEQ will notify the covered fuel supplier of its determination. (2) A covered fuel supplier must demonstrate compliance according to this rule by December 9 of the year following the end of each compliance period, or 40 days after DEQ’s notification described in section (1), whichever is later. (3) To demonstrate compliance for a compliance period, a covered fuel supplier must submit the following to DEQ: (a) For each metric ton of CO2e of the total compliance obligation, either a compliance instrument or a CCI credit, subject to the following limitations: (A) A covered fuel supplier may only submit compliance instruments that DEQ distributed from the caps for the calendar years of the applicable compliance period or from caps for earlier compliance periods; and (B) The quantity of CCI credits used to demonstrate compliance as a percentage of the total compliance obligation for the applicable compliance period may not exceed the allowable percentage specified in Table 6 in OAR 340-271-9000. (b) A demonstration of compliance form, approved by DEQ that includes: (A) Name and full mailing address of the covered fuel supplier; (B) Designated representative’s contact information including name, title or position, phone number, and email address; (C) Identification of the compliance period and calendar year(s) for which the covered fuel supplier is demonstrating compliance; (D) The total compliance obligations in metric tons of CO2e for the compliance period and listed separately for each calendar year in the compliance period; (E) The total number of compliance instruments the covered fuel supplier is submitting to DEQ to demonstrate compliance, and separately the total number submitted from each calendar year’s cap; (F) The total number of CCI credits the covered fuel supplier is submitting to DEQ to demonstrate compliance; and (G) The following attestation, signed by the designated representative of the covered fuel supplier: I certify under penalty of perjury under the laws of the State of Oregon that I am a representative of [covered fuel supplier], am authorized to submit this report on its behalf, and that, to the best of my knowledge and belief, the information provided in this form is true, accurate, and complete. It is the intent of [covered fuel supplier] to use the quantity of compliance instruments and credits listed on this form and submitted to DEQ for the demonstration of compliance. I certify that [covered fuel supplier] has not exceeded the allowable use of CCI credits. If any portion of these compliance obligations remain unmet after this submission, I understand that [covered fuel supplier] must still demonstrate compliance with the remaining portion and may be subject to enforcement action. (4) Each metric ton of CO2e of a compliance obligation for which a covered fuel supplier does not demonstrate compliance according to this rule is a separate violation of this division. (5) If a change in ownership of a covered fuel supplier occurs, the person that owns or operates the covered fuel supplier as of December 31 in the final year of a compliance period is responsible for demonstration of compliance according to this rule for each annual compliance obligation during the compliance period. Compliance obligations may not be split or subdivided based on ownership changes during the compliance period or during any year within the compliance period. Statutory/Other Authority: ORS 468.020, 468A.025 & 468A.040 Statutes/Other Implemented: ORS 468.020, 468A.025, 468A.040, 468.035, 468A.010, 468A.015 & 468A.045 History: DEQ 17-2023, amend filed 11/16/2023, effective 11/16/2023 DEQ 27-2021, adopt filed 12/16/2021, effective 12/16/2021