justicedao/ipfs_state_laws huggingface dataset:
340-253-0200 Regulated and Clean Fuels (1) Applicability. In-state producers, out-of-state producers that have voluntarily registered under 340-253-0100(c)(1), and importers of transportation fuels listed in this rule, unless the fuel is exempt under OAR 340-253-0250, are subject to this division. (2) Regulated fuels include: (a) Gasoline; (b) Diesel; (c) Ethanol; (d) Biodiesel; (e) Renewable hydrocarbon diesel; (f) Any blends or constituents of the above fuels; (g) Fuels listed in section (2), beginning in the year specified and thereafter; and (h) Any other liquid or non-liquid transportation fuel not listed in section (4). (3) Transition from clean fuels to regulated fuels. As the Clean Fuel Standards decrease, the following fossil fuels that were clean fuels in the initial years of the program will begin generating deficits and become regulated fuels in the year specified and thereafter: (a) Fossil CNG in 2026; (b) Fossil L-CNG in 2022; (c) Fossil LNG in 2022; (d) Fossil LPG in 2029; (4) Clean fuels include: (a) Bio-based CNG; (b) Bio-based L-CNG; (c) Bio-based LNG; (d) Electricity; (e) Fossil CNG prior to 2026; (f) Fossil L-CNG prior to 2022; (g) Fossil LNG prior to 2022; (h) Hydrogen or a hydrogen blend; (i) Fossil LPG prior to 2029; (j) Renewable LPG, and (k) Alternative jet fuel. Statutory/Other Authority: ORS 468.020, 468A.266, 468A.268 & 468A.277 Statutes/Other Implemented: ORS 468.020 & ORS 468A.265 through 468A.277 History: DEQ 17-2022, amend filed 09/23/2022, effective 01/01/2023 DEQ 14-2020, amend filed 05/07/2020, effective 05/07/2020 DEQ 199-2018, amend filed 11/16/2018, effective 01/01/2019 DEQ 27-2017, amend filed 11/17/2017, effective 11/17/2017 DEQ 13-2015, f. 12-10-15, cert. ef. 1-1-16 DEQ 3-2015, f. 1-8-15, cert. ef. 2-1-15 DEQ 8-2012, f. & cert. ef. 12-11-12
340-253-0340 Credit Generators: Providers of Hydrogen Fuel or a Hydrogen Blend (1) Applicability. This rule applies to providers of hydrogen fuel and a hydrogen blend for use as a transportation fuel in Oregon. (2) Credit generation. For a hydrogen fuel or a hydrogen blend, the person who owns the finished hydrogen fuel where the fuel is dispensed for use into a motor vehicle is eligible to generate credits. (3) Forklifts. For hydrogen forklifts, the forklift fleet operator is the credit generator eligible to generate credits. Only one entity may generate credits from each piece of equipment. (4) Responsibilities to generate credits. Any person specified in section (2) or (3) may generate clean fuel credits by complying with this division. Statutory/Other Authority: ORS 468.020, 468A.266, 468A.268 & 468A.277 Statutes/Other Implemented: ORS 468.020 & ORS 468A.265 through 468A.277 History: DEQ 17-2022, amend filed 09/23/2022, effective 01/01/2023 DEQ 199-2018, amend filed 11/16/2018, effective 01/01/2019 DEQ 27-2017, amend filed 11/17/2017, effective 11/17/2017 DEQ 13-2015, f. 12-10-15, cert. ef. 1-1-16 DEQ 3-2015, f. 1-8-15, cert. ef. 2-1-15 DEQ 8-2014, f. & cert. ef. 6-26-14 DEQ 15-2013(Temp), f. 12-20-13, cert. ef. 1-1-14 thru 6-30-14 DEQ 8-2012, f. & cert. ef. 12-11-12
340-253-0350 Credit Generators: Alternative Jet Fuel (1) Applicability. This rule applies to importers and producers of alternative jet fuel that is being fueled into planes in Oregon. (2) Credit Generation. The initial entity eligible to generate credits under this rule is the importer or producer of the alternative jet fuel. The ability to generate credits for the alternative jet fuel may be transferred when the fuel is sold to another entity so long as the transfer is documented in the written contract between the buyer and seller. (3) Responsibilities to generate credits. A person specified in section (2) may generate clean fuel credits by complying with the registration, recordkeeping and reporting requirements of this division. Statutory/Other Authority: ORS 468.020, 468A.266, 468A.268 & 468A.277 Statutes/Other Implemented: ORS 468.020 & ORS 468A.265 through 468A.277 History: DEQ 199-2018, adopt filed 11/16/2018, effective 01/01/2019
340-253-0680 Separate Violations (1) Each illegitimate credit generated constitutes a separate violation of this division. (2) Each deficit that a registered party does not retire a credit against under OAR 340-253-1030 to demonstrate compliance with any of the clean fuel standards in OAR 340-253-0100(6) and Tables 1 and 2 of OAR 340-253-8010 constitutes a separate violation of this division unless that registered party participates in the Credit Clearance Market as required under OAR 340-253-1040. Statutory/Other Authority: ORS 468.020, 468A.266, 468A.268 & 468A.277 Statutes/Other Implemented: ORS 468.020 & ORS 468A.265 through 468A.277 History: DEQ 16-2022, adopt filed 09/23/2022, effective 09/23/2022
340-253-0700 Third Party Verification Requirements The following applications and reports are subject to third party verification requirements in accordance with OAR 340-272-0110: (1) Fuel pathway applications submitted under OAR 340-253-0450; (2) Annual fuel pathway reports required under OAR 340-253-0450; (3) Quarterly reports submitted under OAR 340-253-0630; and (4) Project reports submitted under this division. Statutory/Other Authority: ORS 468.020, 468A.266, 468A.268 & 468A.277 Statutes/Other Implemented: ORS 468.020 & ORS 468A.265 through 468A.277 History: DEQ 14-2020, adopt filed 05/07/2020, effective 05/07/2020
340-253-1010 Fuels to Include in Credit and Deficit Calculation (1) Fuels included. Credits and deficits must be calculated for all regulated fuels and clean fuels, except that: (a) Credits may be generated only for B100 that complies with an oxidation stability induction period of not less than 8 hours as determined by the test method described in the European standard EN 15751; (b) B100 that does not comply with subsection (a) can still be imported into Oregon and must be reported, but cannot generate credits for the CFP. (2) Fuels exempted. Except as provided in sections (3), (4), and (5), credits and deficits may not be calculated for fuels exempted under OAR 340-253-0250. Exempt fuel volumes must be claimed by the end of the regular reporting period for a given quarter, otherwise DEQ will deem the fuel to have been voluntarily included under section (3). (3) Voluntary inclusion. A registered party may choose to include in its credits and deficits calculations fuel that is exempt under OAR 340-253-0250(1) and fuel that is sold to an exempt fuel user in Oregon under 340-253-0250(2), provided that the credit and deficit calculation includes all fuels listed on the same invoice. Voluntarily included fuels cannot be claimed as exempt once the regular reporting period for that quarter has closed. (4) When fuels are exported from Oregon: (a) Any bulk quantity of fuel that is exported must be reported by the person who holds title to the fuel when it is exported or the position holder if the party exporting the fuel is not registered under this program; (b) If the exporter purchased the fuel with the compliance obligation, the exported fuels will not generate deficits or credits; (c) If credits or deficits were generated and separated from the fuel through a transfer without obligation, the exporter will incur credits or deficits, as appropriate, to balance out the deficits or credits detached from the fuel; and (d) If the fuel was imported in one quarter and exported in another quarter, the exporter will incur credits or deficits, as appropriate, to balance out the deficits or credits, respectively, associated with the fuel when it was imported in the prior quarter. (5) Alternative jet fuel. Alternative jet fuel may be reported by the producer or importer of the fuel and any registered parties that hold title to it, so long as it can be demonstrated that the fuel is loaded into aircraft in Oregon. If a gallon of alternative jet fuel that has been reported to the CFP as imported or produced is later exported, lost, or otherwise not used for transportation it must be reported as such. Statutory/Other Authority: ORS 468.020, 468A.266, 468A.268 & 468A.277 Statutes/Other Implemented: ORS 468.020 & ORS 468A.265 through 468A.277 History: DEQ 17-2022, amend filed 09/23/2022, effective 01/01/2023 DEQ 7-2021, amend filed 03/26/2021, effective 03/26/2021 DEQ 14-2020, amend filed 05/07/2020, effective 05/07/2020 DEQ 199-2018, amend filed 11/16/2018, effective 01/01/2019 DEQ 27-2017, amend filed 11/17/2017, effective 11/17/2017 DEQ 13-2015, f. 12-10-15, cert. ef. 1-1-16 DEQ 3-2015, f. 1-8-15, cert. ef. 2-1-15 DEQ 8-2012, f. & cert. ef. 12-11-12
340-253-1055 Public Disclosure (1) List of DEQ-approved registered parties. DEQ will maintain a current list of DEQ-approved registered parties and will make that list publicly available on its website. The list will include, at a minimum, the name of the party and whether the registered party is an importer of blendstocks, a large importer of finished fuels, a small importer of finished fuels, a producer, a credit generator, or an aggregator. (2) Monthly credit trading activity report. DEQ must post on its webpage, by no later than the last day of the month immediately following the month for which the calculation is completed, a credit trading activity report that: (a) Summarizes the aggregate credit transfer information for the: (A) Most recent month, (B) Previous three months, (C) Previous three quarters, and (D) Previous compliance periods; (b) Includes, at a minimum (A) The total number of credits transferred, (B) The number of transfers, (C) The number of parties making transfers, and (D) The formula used by DEQ to calculate the volume-weighted average price of that month’s transfers, exclusive of transactions that fall two standard deviations outside of the mean credit price for the month or that are transferred without a price; (c) Is based on the information submitted into the OFRS; and (d) Presents aggregated information on all fuel transacted within the state and does not disclose individual parties’ transactions. (3) Quarterly data summary. DEQ must post on its webpage at least quarterly: (a) An aggregate data summary of credit and deficit generation for the most recent quarter and all prior quarters; and (b) Information on the contribution of credit generation by different fuel types. (4) CFP Annual Report. DEQ must post on its webpage by April 15th of each year, the following information from the previous year: (a) The average cost or cost-savings per gallon of gasoline, per gallon of diesel, or any other fuel types, and the formulas used to calculate such costs or cost-savings; and (b) The total greenhouse gas emissions reductions. (5) Utility Reports. DEQ will post the utility reports it receives under OAR 340-253-0640(9) to its website. Statutory/Other Authority: ORS 468.020, 468A.266, 468A.268 & 468A.277 Statutes/Other Implemented: ORS 468.020 & ORS 468A.265 through 468A.277 History: DEQ 17-2022, amend filed 09/23/2022, effective 01/01/2023 DEQ 7-2021, amend filed 03/26/2021, effective 03/26/2021 DEQ 199-2018, amend filed 11/16/2018, effective 01/01/2019 DEQ 27-2017, adopt filed 11/17/2017, effective 11/17/2017
340-253-2100 Forecasted Fuel Supply Deferral (1) Fuel supply forecast deferral. Under section 163, chapter 750, Oregon Laws 2017 (Enrolled House Bill 2017), the division of the Oregon Department of Administrative Services that serves as office of economic analysis is required to provide to DEQ a fuel supply forecast for the following compliance period not later than October 2. If DEQ receives a fuel supply forecast for the following compliance period by October 2 and the forecast projects that the amount of credits that will be available during the forecast compliance period will be less than 100 percent of the credits projected to be necessary for regulated parties to comply, then DEQ, no later than December 1, shall issue an order declaring a forecast deferral. The order must set forth: (a) The duration of the forecast deferral, which may not be less than one calendar quarter or longer than one compliance period; (b) The types of fuel to which the forecast deferral applies; and (c) Which of the following methods DEQ has selected for deferring compliance with the clean fuel standard during the forecasted deferral: (A) Temporarily adjusting the scheduled applicable clean fuel standard to a standard identified that better reflects the forecast availability of credits during the forecast compliance period and requiring regulated parties to comply with the temporary standard; (B) Requiring regulated parties to comply only with the clean fuel standard applicable during the compliance period prior to the forecast compliance period; or (C) Suspending deficit accrual for part or all of the forecast deferral period. (d) In implementing a forecast deferral, DEQ may take an action for deferring compliance with the clean fuel standard other than, or in addition to, selecting a method under subsection (c) only if DEQ determines that none of the methods under subsection (c) will provide a sufficient mechanism for containing the cost of compliance with the clean fuel standards during the forecast deferral. In making such a determination, DEQ shall: (A) Include in such order DEQ’s determination and the action to be taken; and (B) Provide written notification and justification of the determination and the action to: (i) The Governor; (ii) The President of the Senate; (iii) The Speaker of the House of Representatives; (iv) The majority and minority leaders of the Senate; and (v) The majority and minority leaders of the House of Representatives. (2) Terminating a forecast deferral. The EQC may terminate, by order, a forecast deferral before the expiration date of the forecast deferral. Termination is effective on the first day of the next calendar quarter after the date that the order declaring the termination is adopted. Statutory/Other Authority: ORS 468.020, 468A.266, 468A.268 & 468A.277 Statutes/Other Implemented: ORS 468.020 & ORS 468A.265 through 468A.277 History: DEQ 199-2018, amend filed 11/16/2018, effective 01/01/2019 DEQ 27-2017, amend filed 11/17/2017, effective 11/17/2017 DEQ 13-2015, f. 12-10-15, cert. ef. 1-1-16 DEQ 3-2015, f. 1-8-15, cert. ef. 2-1-15
340-253-8010 Tables (1) Table 1 — Oregon Clean Fuel Standard for Gasoline and Gasoline Substitutes (2) Table 2 — Oregon Clean Fuel Standard for Diesel Fuel and Diesel Substitutes (3) Table 3 — Oregon Clean Fuel Standard for Alternative Jet Fuel (4) Table 4 — Oregon Carbon Intensity Lookup Table (5) Table 5 - Summary Checklist of Quarterly and Annual Compliance Reporting Requirements (6) Table 6 - Oregon Energy Densities of Fuels (7) Table 7 - Oregon Energy Economy Ratio Values (8) Table 8 – Oregon Substitute Fuel Pathway Codes (9) Table 9 – Oregon Temporary Fuel Pathway Codes (10) Table 10 – Indirect Land-Use Change Values [ED. NOTE: To view attachments referenced in rule text, click here to view rule.] Statutory/Other Authority: ORS 468.020, 468A.266, 468A.268 & 468A.277 Statutes/Other Implemented: ORS 468.020 & ORS 468A.265 - 468A.277 History: DEQ 2-2025, amend filed 01/09/2025, effective 01/09/2025 DEQ 17-2022, amend filed 09/23/2022, effective 01/01/2023 DEQ 7-2021, amend filed 03/26/2021, effective 03/26/2021 DEQ 14-2020, amend filed 05/07/2020, effective 05/07/2020 DEQ 13-2019, amend filed 05/16/2019, effective 05/16/2019 DEQ 199-2018, amend filed 11/16/2018, effective 01/01/2019 DEQ 27-2017, amend filed 11/17/2017, effective 11/17/2017 DEQ 8-2016, f. & cert. ef. 8-18-16 DEQ 5-2016(Temp), f. & cert. ef. 4-22-16 thru 9-1-16 DEQ 13-2015, f. 12-10-15, cert. ef. 1-1-16 DEQ 3-2015, f. 1-8-15, cert. ef. 2-1-15
340-254-0010 Policy The Commission finds and declares Indirect Sources to be air contamination sources as defined in ORS 468A.005. The Commission further finds and declares that the regulation of Indirect Sources is necessary to control the concentration of air contaminants which result from Motor Vehicle Trips and/or Aircraft Operations associated with the use of Indirect Sources. Statutory/Other Authority: ORS 468 & 468A Statutes/Other Implemented: ORS 468A.025 History: DEQ 14-1999, f. & cert. ef. 10-14-99, Renumbered from 340-020-0100 DEQ 4-1993, f. & cert. ef. 3-10-93 DEQ 118, f. & ef. 8-11-76 Reverted to DEQ 81, f. 12-5-74, ef. 12-25-74 DEQ 110(Temp), f. & ef. 3-17-76 DEQ 81, f. 12-5-74, ef. 12-25-74
340-254-0020 Jurisdiction and Delegation The Commission finds that the complexity or magnitude of Indirect Sources requires statewide regulation and assumes or retains jurisdiction thereof. The Commission may, however, when any Regional Authority requests and provides evidence demonstrating its capability to carry out the provisions of these rules relating to Indirect Sources, authorize and confer jurisdiction upon such Regional Authority to perform all or any of such provisions within its boundary until such authority and jurisdiction shall be withdrawn for cause by the Commission. Statutory/Other Authority: ORS 468 & 468A Statutes/Other Implemented: ORS 468A.025 History: DEQ 14-1999, f. & cert. ef. 10-14-99, Renumbered from 340-020-0105 DEQ 118, f. & ef. 8-11-76 Reverted to DEQ 81, f. 12-5-74, ef. 12-25-74 DEQ 110(Temp), f. & ef. 3-17-76 DEQ 81, f. 12-5-74, ef. 12-25-74
340-254-0040 Indirect Sources Required to Have Indirect Source Construction Permits The owner, operator, or developer of an Indirect Source identified in section (1) of this rule shall not commence construction of such a source without an approved Indirect Source Construction Permit issued by the Department or Regional Authority having jurisdiction. (1) All Indirect Sources meeting the criteria of this section relative to type, location, size, and operation are required to apply for an Indirect Source Construction Permit: The following sources that are located within the boundaries of a Carbon Monoxide nonattainment area or maintenance area identified in the State Implementation Plan, provided that such areas include at least one city containing 50,000 or more Population within the city’s municipal boundary, including but not limited to Portland, Salem, Medford and Eugene. Any Parking Facility or other Indirect Source with Associated Parking being constructed or modified to create new or additional parking or Associated Parking, capacity of 1000 or more Parking Spaces, except within the Central City area of Portland as defined in the Carbon Monoxide Maintenance Plan and Redesignation Request for the Portland (Metro) Area, where the minimum number of Parking Spaces associated with an Indirect Source requiring Department approval shall be 800. (2) Where an Indirect Source is constructed or modified in increments which individually are not subject to review under this rule, and which are not part of a program of construction or modification in planned incremental phases approved by the Director, all such increments commenced after January 1, 1975, shall be added together for determining the applicability of this rule. (3) An Indirect Source Construction Permit may authorize more than one phase of construction where commencement of construction or modification of successive phases will begin over acceptable periods of time referred to in the permit; and thereafter construction or modification of each phase may be begun without the necessity of obtaining another permit. Statutory/Other Authority: ORS 468.020, 468.065, 468A.040 & 468A.055 Statutes/Other Implemented: ORS 468.020, 468.065 & 468A.040 History: DEQ 14-1999, f. & cert. ef. 10-14-99, Renumbered from 340-020-0115 DEQ 17-1998, f. & cert. ef. 9-23-98 DEQ 4-1993, f. & cert. ef. 3-10-93 DEQ 17-1990, f. & cert. ef. 5-25-90 DEQ 19-1984, f. & ef. 10-16-84 Reverted to DEQ 118, f. & ef. 8-11-76 DEQ 6-1984(Temp), f. & ef. 4-17-84 DEQ 118, f. & ef. 8-11-76 Reverted to DEQ 86, f. 3-11-75, ef. 4-11-75 DEQ 110(Temp), f. & ef. 3-1-76 thru 7-14-76 DEQ 86, f. 3-11-75, ef. 4-11-75 DEQ 81, f. 12-5-74, ef. 12-25-74
340-254-0050 Indirect Source Permit Application Process Persons applying for an Indirect Source Permit shall at the time of application pay the following fees: (1) Filing Fee of $100; (2) Basic Application Processing Fee of $500; (3) Extended Analysis Processing Fee of $2000 may be required of applicants with parking facilities of 800 or greater spaces if those facilities are in Sensitive Areas. Statutory/Other Authority: ORS 468.065 Statutes/Other Implemented: ORS 468A.040 History: DEQ 14-1999, f. & cert. ef. 10-14-99, Renumbered from 340-020-0120 DEQ 17-1998, f. & cert. ef. 9-23-98 DEQ 19-1984, f. & ef. 10-16-84 Reverted to DEQ 118, f. & ef. 8-11-76 DEQ 6-1984(Temp), f. & ef. 4-17-84 DEQ 118, f. & ef. 8-11-76 Reverted to DEQ 81, f. 12-5-74, ef. 12-25-74 DEQ 110(Temp), f. & ef. 3-1-76 thru 7-14-76 DEQ 81, f. 12-5-74, ef. 12-25-74
340-254-0080 Permit Duration (1) An Indirect Source Construction Permit issued by the Department or a Regional Authority having jurisdiction shall remain in effect until modified or revoked by the Department or such Regional Authority. (2) The Department or Regional Authority having jurisdiction may revoke the permit of any Indirect Source operating in violation of the construction, modification, or operation conditions set forth in this permit. (3) An approved permit may be conditioned to expire if construction or modification is not commenced within 18 months after receipt of the approved permit; and, in the case of a permit granted covering construction or modification in approved, planned incremental phases, a permit may be conditioned to expire as to any such phase as to which construction or modification is not commenced within 18 months of the time period stated in the initial permit for the commencing of construction of that phase. The Director may extend such time period upon a satisfactory showing by the permittee that an extension is justified. Statutory/Other Authority: ORS 468.020, 468.065, 468A.040 & 468A.055 Statutes/Other Implemented: ORS 468.020, 468.065 & 468A.040 History: DEQ 14-1999, f. & cert. ef. 10-14-99, Renumbered from 340-020-0135 DEQ 17-1998, f. & cert. ef. 9-23-98 DEQ 118, f. & ef. 8-11-76 Reverted to DEQ 86, f. 3-11-75, ef. 4-11-75 DEQ 110(Temp), f. & ef. 3-1-76 thru 7-14-76 DEQ 86, f. 3-11-75, ef. 4-11-75 DEQ 81, f. 12-5-74, ef. 12-25-74
340-255-0010 Overview (1) Purpose. The purpose of this division is to establish the Diesel Emissions Mitigation Grant Program, a grant program and eligibility requirements for owners and operators of diesel engines to retrofit, repower or replace diesel vehicles and equipment to reduce diesel emissions in Oregon, using funds from the Environmental Mitigation Trust Agreement. (2) Background. The 2017 Oregon Legislature adopted Senate Bill 1008 that authorizes DEQ to establish a grant program to reduce diesel emissions from at least 450 school buses in Oregon. The 2019 Oregon Legislature adopted House Bill 2007, which authorizes DEQ to establish a grant program to reduce diesel emissions and preferences for projects. These bills are now codified as part of ORS 468A.795 through 468A.810. (3) Administration. DEQ administers this division in all areas in the State of Oregon, including the areas of the state subject to the jurisdiction of the Lane County Regional Air Protection Agency. Statutory/Other Authority: ORS 468A.805 Statutes/Other Implemented: ORS 468A.805 History: DEQ 2-2021, adopt filed 01/21/2021, effective 01/21/2021
340-255-0030 Projects Eligible for Grant Funding To be eligible for a grant using funds from the Diesel Emissions Mitigation Grant Program a project must: (1) Qualify as an Eligible Mitigation Action; (2) Be either: (a) A project to retrofit, replace or repower eligible equipment; or (b) A project that otherwise qualifies for funding under the DERA grant program; and (3) Ensure that all equipment and engines being repowered or replaced be scrapped. Statutory/Other Authority: ORS 468A.805 Statutes/Other Implemented: ORS 468A.805 History: DEQ 2-2021, adopt filed 01/21/2021, effective 01/21/2021