340-253-0650 Annual Compliance Reports (1) Annual compliance reports. (a) Except as provided in subsection (b), regulated parties, credit generators, and aggregators must use the OFRS to submit an annual compliance report to DEQ not later than April 30 for the previous compliance period. (b) Small importers of finished fuels may submit the annual report required under OAR chapter 340, division 215 using OFRS no later than April 30 for the previous compliance period. (2) General reporting requirements for annual compliance reports. Regulated parties, credit generators, and aggregators must submit annual compliance reports that meet, at minimum, the general and specific requirements for quarterly reports and include the following information: (a) The total credits and deficits generated by the regulated party, credit generator, or aggregator in the current compliance period, calculated in the OFRS as provided in the equations in OAR 340-253-1020; (b) Any credits carried over from the previous compliance period; (c) Any deficits carried over from the previous compliance period; (d) The total credits acquired from other regulated parties, credit generators, and aggregators; (e) The total credits sold or transferred; and (f) The total credits retired within the OFRS to meet the compliance obligation. (3) Registered parties must complete all pending credit transfers prior to submittal of the annual compliance report required under section (1). (4) Correcting a previously submitted report. A registered party may ask DEQ to re-open a previously submitted quarterly or annual compliance report for corrective edits and re-submittal, as provided in subsections (a) through (e). (a) The requestor must submit a request to unlock the report, including a correction request letter within the OFRS indicating the specific corrections to be made and providing a justification for making the corrections. (b) If DEQ approves a request made under subsection (a), then DEQ will notify the registered party and unlock the report to allow the registered party to make the corrections. DEQ approval of a request to correct a report does not preclude DEQ enforcement based on misreporting. The registered party may only make the specific corrections detailed in the approved correction request letter while the report has been reopened. If the registered party discovers that there are additional corrections that should be made, it must make a separate request to DEQ through OFRS after submitting the initial corrections requested. The request must detail the additional corrections and have that request approved prior to making the additional corrections to their reporting. Corrections must be made and the report resubmitted within two business days unless DEQ provides a different deadline. (c) If a registered party is approved to make corrections to a quarterly report for which the annual compliance deadline has already passed and the corrections result in reduced credits or increased deficits for the registered party, it shall have until the next annual compliance report deadline or 30 calendar days, whichever is earlier, to resubmit the affected annual compliance report or reports. (d) When a registered party has resubmitted a corrected annual compliance report, the registered party must return to compliance with the clean fuel standards by simultaneously retiring additional credits, if necessary. (e) The registered party that needs to resubmit a corrected annual compliance report may request permission from DEQ to carryback credits for the affected annual compliance report or reports. If a credit clearance market is being held that year, the request can only be made if the credit clearance market for that compliance year is already complete. (5) Correction requests. DEQ may request that a registered party make corrections if DEQ has good cause to believe that there is an error or omission in the registered party’s reporting. In its request, DEQ will provide an explanation of what it believes the error or omission is in the report or reports and set a deadline of 14 calendar days from the request to respond, or shorter if there is good cause to do so. Following such a request, the registered entity will have 14 days to either initiate a correction request or provide a detailed explanation. 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 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 8-2014, 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