justicedao/ipfs_state_laws huggingface dataset:
340-271-0030 Acronyms (1) “BAER” means best available emissions reduction. (2) “CCI” means community climate investment. (3) “CFR” means Code of Federal Regulations. (4) “CPI-U West” means the US Bureau of Labor and Statistics West Region Consumer Price Index for All Urban Consumers for all Items. (5) “CPP” means Oregon Climate Protection Program established in this division. (6) “DEQ” means Oregon Department of Environmental Quality. (7) “EQC” means Environmental Quality Commission. (8) “EPA” means US Environmental Protection Agency. (9) “IRS” means US Internal Revenue Service. (10) “LRAPA” means Lane Regional Air Pollution Agency. (11) “Metric tons of CO2e” or “MT CO2e” means metric tons of carbon dioxide equivalent. (12) “US” means United States. Statutory/Other Authority: ORS 468.020, 468A.025, 468A.040 & 468A.050 Statutes/Other Implemented: ORS 468.020, 468A.025, 468A.040, 468A.050, 468.035, 468A.010, 468A.015 & 468A.045 History: DEQ 27-2021, adopt filed 12/16/2021, effective 12/16/2021
340-271-0090 Overview of Program Provisions for Covered Entities and CCI Entities (1) OAR 340-271-0100 describes general requirements for covered entities. (2) OAR 340-271-0110 describes which air contamination sources are covered entities subject to the requirements of the CPP. (3) OAR 340-271-0120, OAR 340-271-0130, and 340-271-0150 describe covered entity requirements including notifying DEQ of changes in ownership, operational control, and related entities; cessation of applicability; and requirements to obtain CPP permits and CPP permit addendums, respectively. (4) OAR 340-271-0310 through OAR 340-271-0390 describe the provisions that apply to covered stationary sources. (5) OAR 340-271-0410 through OAR 340-271-0890 and OAR 340-271-9000 describe the provisions that apply to covered fuel suppliers. (6) OAR 340-271-0900 through OAR 340-271-0990 describe the provisions for how DEQ will approve CCI entities and how CCI entities will implement eligible projects supported by CCI funds. Statutory/Other Authority: ORS 468.020, 468A.025, 468A.040 & 468A.050 Statutes/Other Implemented: ORS 468.020, 468A.025, 468A.040, 468A.050, 468.035, 468A.010, 468A.015 & 468A.045 History: DEQ 27-2021, adopt filed 12/16/2021, effective 12/16/2021
340-271-0100 Oregon Climate Protection Program Requirements (1) A person who owns or operates a covered entity must comply with the rules in this division. Compliance with this division does not relieve a person who owns or operates a covered entity of the obligation to comply with any other provisions of OAR chapter 340, as applicable. (2) CPP permit or CPP permit addendum. A person who owns or operates a covered entity identified in OAR 340-271-0110 must apply for and hold a CPP permit or CPP permit addendum according to OAR 340-271-0150 that authorizes the person’s covered emissions and subjects the person to the requirements of this division. (3) Reporting. A person who owns or operates a covered entity must submit reports and attestations required in this division, as applicable. (4) Recordkeeping. A person who owns or operates a covered entity must develop and retain all records required in this division, as applicable. (5) A person who owns or operates a covered entity must use forms and reporting tools approved and issued by DEQ for all certifications, attestations and submissions. All submissions must be made electronically unless otherwise requested or approved by DEQ. Statutory/Other Authority: ORS 468.020, 468A.025, 468A.040 & 468A.050 Statutes/Other Implemented: ORS 468.020, 468A.025, 468A.040, 468A.050, 468.035, 468A.010, 468A.015 & 468A.045 History: DEQ 27-2021, adopt filed 12/16/2021, effective 12/16/2021
340-271-0330 Compliance with a BAER Order (1) The owner or operator of a covered stationary source for which DEQ has issued a BAER order according to OAR 340-271-0320 must: (a) Comply with the requirements in the BAER order; and (b) For an existing source that is required to complete a BAER assessment under OAR 340-271-0310(1)(a), submit to DEQ or LRAPA, as applicable, a complete permit modification application for a CPP permit addendum according to OAR 340-271-0150(3) not later than 90 days after the date that the BAER order is final and effective, or a later date specified in the BAER order. (2) Reporting requirements. (a) The owner or operator of a covered stationary source that has been issued a CPP permit addendum or operating permit that includes provisions related to a BAER order must submit an annual progress report to DEQ describing the progress in implementing the requirements in the BAER order. The annual progress reports are due to DEQ on or before February 15 of each year following the date that the notice of the BAER order is final and effective. The annual progress report must include: (A) A description of the progress achieved in implementing the requirements in any BAER order; (B) A schedule indicating dates for future increments of progress; (C) A description of any increases or decreases in covered emissions that have occurred at the covered stationary source since the submission date of the most recently conducted complete BAER assessment; and (D) An estimate of when all implementation of requirements of the BAER order will be complete. (b) The owner or operator of a covered stationary source must submit a BAER order completion report to DEQ no later than 60 days after implementation of all requirements in the BAER order are complete, except for items related to continuous and ongoing requirements. The report must include: (A) The final increments of progress achieved in fully implementing the requirements in the BAER order and the date the final increments of progress were achieved; (B) A summary of the actions taken to fully implement the requirements in the BAER order; and (C) An estimate of the resulting covered emissions reductions that will be achieved now that the requirements in the BAER order are being implemented. 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
340-271-0390 Recordkeeping Requirements Related to BAER (1) Recordkeeping requirements related to BAER assessments and five year BAER reports. (a) The owner or operator of a covered stationary source that submits any information to DEQ related to a complete BAER assessment or five year BAER report conducted according to OAR 340-271-0310 must retain the following records, in paper or electronic format, for a period of at least ten years from the date the information is submitted to DEQ: (A) A copy of the assessment or report submitted to DEQ; (B) Any contract(s) with any independent third-party(ies) in relation to developing the assessment or report; and (C) All other information and documentation used to support and inform development of the assessment or report. (b) The owner or operator of the covered stationary source must make available to DEQ upon request all of the records it is required to retain according to this section. DEQ will specify the date by which the owner or operator of the covered stationary source must fulfill a records request from DEQ. (2) Recordkeeping requirements related to compliance with a BAER order. (a) The owner or operator of a covered stationary source issued a BAER order must retain the following records, in paper or electronic format, for a period of at least ten years from the applicable date specified below: (A) All records and information related to a BAER order including but not limited to a copy of the most recently submitted complete BAER assessment and a copy of DEQ’s written BAER order from the effective date of the BAER order; (B) A copy of the permit modification application for the CPP permit addendum or the applicable permit application from the date it is submitted to DEQ; (C) A copy of each progress report from the date it is submitted to DEQ; and (D) All other information and documentation related to actions taken to comply with requirements in a BAER order from the effective date of the BAER order. (b) The owner or operator of a covered stationary source issued a BAER order must make available to DEQ upon request all of the records it is required to retain according to this section. DEQ will specify the date by which the owner or operator of the covered stationary source must fulfill a records request from DEQ. Statutory/Other Authority: ORS 468.020, 468A.025, 468A.040 & 468A.050 Statutes/Other Implemented: ORS 468.020, 468A.025, 468A.040, 468A.050, 468.035, 468A.010, 468A.015 & 468A.045 History: DEQ 27-2021, adopt filed 12/16/2021, effective 12/16/2021
340-271-0410 Generation of Compliance Instruments (1) Each year, DEQ will generate the number of compliance instruments equal to the cap for the calendar year identified in Table 2 in OAR 340-271-9000. (2) A compliance instrument is a regulatory instrument and does not constitute personal property, a security or any other form of property. 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 27-2021, adopt filed 12/16/2021, effective 12/16/2021
340-271-0430 Holding Compliance Instruments (1)When DEQ distributes a compliance instrument to a covered fuel supplier according to OAR 340-271-0420 or when a covered fuel supplier acquires a compliance instrument according to OAR 340-271-0500, the covered fuel supplier may continue to hold the compliance instrument until any of the following apply: (a) The covered fuel supplier uses the compliance instrument toward its demonstration of compliance with a compliance obligation according to OAR 340-271-0450; (b) The covered fuel supplier transfers the compliance instrument to another covered fuel supplier according to OAR 340-271-0500; or (c) The covered fuel supplier has ceased being a covered fuel supplier according to OAR 340-271-0130. When this occurs, DEQ may, at its discretion: (i) Retire the compliance instrument; or (ii) If the covered fuel supplier is not a local distribution company: (A) Hold the compliance instrument in the compliance instrument reserve described in OAR 340-271-0420(3); or (B) Distribute the compliance instrument to a covered fuel supplier that is not a local distribution company. DEQ will only distribute the compliance instrument if there are at least 10,000 compliance instruments to distribute. DEQ will calculate the number of compliance instruments to distribute to each covered fuel supplier according to OAR 340-271-0420(4)(b), except “total compliance instruments to distribute” means the total number of compliance instruments DEQ is distributing according to this paragraph. (2) For each covered fuel supplier that is not a local distribution company, a compliance instrument holding limit reduction will be calculated on November 22 of the year following the end of each compliance period, or 25 days after DEQ’s notification in OAR 340-271-0450(1), whichever is later. A covered fuel supplier’s compliance instrument holding limit reduction is the number of compliance instruments from any prior year held by the covered fuel supplier on that date that exceeds one and a half times the sum of the covered fuel supplier’s annual compliance obligation(s) for each year of the prior compliance period. In the year subsequent to the year after the end of a compliance period, if a fuel supplier did not receive any compliance instruments in the distribution under section OAR 340-271-0420(4) in the prior year because its compliance instrument holding limit reduction exceeded the number of compliance instruments that it otherwise would have been distributed, then the fuel supplier’s compliance instrument holding limit reduction will be reduced as provided in subparagraph OAR 340-271-0420(4)(b)(B)(vi), and such reduced compliance instrument holding limit reduction will be used in the subsequent year’s compliance instrument distribution calculation under section OAR 340-271-0420(4). 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
340-271-0440 Compliance Periods (1) Each compliance period is three consecutive calendar years. (2) The first compliance period begins with calendar year 2022, and includes calendar years 2023 and 2024. (3) A new compliance period begins with the calendar year following the last calendar year of the preceding 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 27-2021, adopt filed 12/16/2021, effective 12/16/2021
340-271-0490 Recordkeeping Requirements Related to Demonstration of Compliance (1) A person must retain the following records necessary for determining compliance obligations, in paper or electronic format, for a period of at least seven years beginning September 30 of the year following a year in which covered emissions occurred: (a) Records according to the recordkeeping requirements of OAR chapter 340, divisions 215 and 272, as applicable; (b) Copies of reports and forms submitted to DEQ related to determination of compliance obligations according this division and OAR chapter 340, divisions 215 and 272, including but not limited to: (A) Applicable emissions data reports submitted according to OAR chapter 340, division 215; and (B) Applicable verification statements submitted according to OAR chapter 340, division 272; and (c) All other information and documentation used to calculate and report emissions and used to determine emissions and compliance obligations according to this division. (2) A person must retain the following records necessary for supporting demonstration of compliance, according to OAR 340-271-0450, in paper or electronic format for a period of at least seven years following the deadline for demonstration of compliance in OAR 340-271-0450: (a) Copies of reports and forms submitted to DEQ related to demonstration of compliance, including but not limited to demonstration of compliance forms; and (b) All other information and documentation used to support demonstration of compliance. (3) A covered fuel supplier must make available to DEQ upon request all of the records it is required to retain according to this rule. DEQ will specify the date by which the covered fuel supplier must fulfill a records request from DEQ. Statutory/Other Authority: ORS 468.020, 468A.025, 468A.040 & 468A.050 Statutes/Other Implemented: ORS 468.020, 468A.025, 468A.040, 468A.050, 468.035, 468A.010, 468A.015 & 468A.045 History: DEQ 27-2021, adopt filed 12/16/2021, effective 12/16/2021
340-271-0500 Trading of Compliance Instruments (1) A covered fuel supplier may trade one or more compliance instruments only according to this rule. A covered fuel supplier may transfer one or more compliance instruments to another covered fuel supplier up to the amount that it has available and has not used to demonstrate compliance. A covered fuel supplier may acquire one or more compliance instruments from another covered fuel supplier. (2) A covered fuel supplier may not engage in a trade of a compliance instrument involving, related to, in service of, or associated with any of the following: (a) Fraud, or an attempt to defraud or deceive using any device, scheme or artifice; (b) Use of any unconscionable tactic in connection with the transfer, by any person; (c) Any false report, record, or untrue statement of material fact or omission of a material fact related to the transfer or conditions that would relate to the price of the compliance instrument being sold. A fact is material if it is reasonably likely to influence a decision by another person or by DEQ; (d) Any activity intended to lessen competition or tend to create a monopoly, or to injure, destroy or prevent competition in the market for compliance instruments; (e) A conspiracy in restraint of trade or commerce; or (f) An attempt to monopolize holding of compliance instruments, or to combine, collude, or conspire with any other person or persons to monopolize. 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 27-2021, adopt filed 12/16/2021, effective 12/16/2021
340-271-0590 Recordkeeping Requirements Related to Trading (1) A person who transfers one or more compliance instruments in a trade according to OAR 340-271-0510 must retain the following records related to each trade, in paper or electronic format for a period of at least seven years following the submission date of a complete compliance instrument trade form: (a) A copy of each compliance instrument trade form submitted to DEQ; (b) A copy of any invoice or documentation of monetary payment received related to the trade; (c) A statement from a financial institution showing receipt of any payment for the compliance instrument; (d) Documentation of any service or other qualitative compensation received related to the trade; and (e) A copy of all other data, reports, or other information related to the trade. (2) A person who acquires one or more compliance instruments in a trade according to OAR 340-271-0510 must retain the following records related to each trade, in paper or electronic format for a period of at least seven years following the submission date of a complete compliance instrument trade form: (a) A copy of each compliance instrument trade form submitted to DEQ; (b) A copy of any invoice or documentation of monetary payment related to the trade; (c) A statement from a financial institution showing any payment for the compliance instrument; (d) Documentation of any service or other qualitative compensation provided related to the trade; and (e) A copy of all other data, reports, or other information related to the trade. (3) Covered fuel suppliers must make the records retained according to this rule available to DEQ upon request. DEQ will specify the date by which the covered fuel supplier must fulfill a records request from DEQ. Statutory/Other Authority: ORS 468.020, 468A.025, 468A.040 & 468A.050 Statutes/Other Implemented: ORS 468.020, 468A.025, 468A.040, 468A.050, 468.035, 468A.010, 468A.015 & 468A.045 History: DEQ 27-2021, adopt filed 12/16/2021, effective 12/16/2021
340-271-0820 Generation and Distribution of Community Climate Investment Credits (1) DEQ will review an application submitted according to OAR 340-271-0810 to ensure that it meets the requirements of that rule. DEQ will inform the applicant either that the submitted application is complete or that additional specific information is required to make the application complete. If DEQ determines that the application is incomplete or does not meet the requirements of OAR 340-271-0810, DEQ will not consider the application further until the applicant provides the additional information requested by DEQ. (2) DEQ will approve an application for CCI credits submitted by a covered fuel supplier if DEQ determines that the application is accurate and complete according to the requirements of OAR 340-271-0810, and DEQ determines that the CCI funds have been provided to an approved CCI entity that is in good standing according to OAR 340-271-0910 through OAR 340-271-0990. (3) Approval of an application for CCI credits. (a) Upon approval of an application for CCI credits, DEQ will notify the covered fuel supplier in writing that DEQ has approved the application and will generate and distribute to the covered fuel supplier the quantity of CCI credits approved according to subsection (b). (b) The amount of CCI credits that DEQ will generate and distribute to the covered fuel supplier is one CCI credit for every verified contribution of the CCI credit contribution amount that a covered fuel supplier provides to a CCI entity, rounded down to the nearest whole number. The CCI credit contribution amount is the applicable amount in Table 7 in OAR 340-271-9000 for the date the contribution was made, with the CCI credit contribution amount adjusted for inflation and rounded to the nearest dollar using the inflation rate since January 2021, as provided by the United States Bureau of Labor and Statistics West Region Consumer Price Index for All Urban Consumers for all Items. DEQ will post the current, inflation adjusted CCI credit contribution amount on its website effective March 1 of each year. The formula for the adjustment is as follows: CCI Credit Contribution Amount = CCI Credit Contribution Amount in Table 7 in OAR 340-271-9000 * (CPI-U West for January of the calendar year for the price in Table 7 in OAR 340-271-9000 that is currently in effect / CPI-U West for January 2021) (4) A CCI credit is a regulatory instrument and does not constitute personal property, a security or any other form of property. (5) DEQ will track distributed CCI credits. 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 27-2021, adopt filed 12/16/2021, effective 12/16/2021
340-271-0830 Holding Community Climate Investment Credits (1) When DEQ distributes a CCI credit to a covered fuel supplier according to OAR 340-271-0820, the covered fuel supplier may continue to hold the CCI credit until any of the following apply: (a) The covered fuel supplier uses the CCI credit toward its demonstration of compliance according to OAR 340-271-0450; (b) Two demonstration of compliance deadlines described in OAR 340-271-0450(2) have passed since the date DEQ provided written notice of its approval of the CCI credit to the covered fuel suppler according to OAR 340-271-0820 and the covered fuel supplier has not used the CCI credit in its demonstration(s) of compliance. In such a case, DEQ will cancel the CCI credit. A cancelled CCI credit may not be used toward demonstration of compliance; or (c) The covered fuel supplier has ceased being a covered fuel supplier according to OAR 340-271-0130. When a covered fuel supplier ceases to be a covered fuel supplier, DEQ will cancel the CCI credit at the time of such cessation. A cancelled CCI credit may not be used toward any demonstration of compliance. (2) Only a covered fuel supplier that receives a CCI credit from DEQ may hold the CCI credit. The covered fuel supplier may not trade the CCI credit. 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 27-2021, adopt filed 12/16/2021, effective 12/16/2021