reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 271 - OREGON CLIMATE PROTECTION PROGRAM › Section 340-271-0450 - Demonstration of Compliance

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 271 - OREGON CLIMATE PROTECTION PROGRAM › Section 340-271-0490 - Recordkeeping Requirements Related to Demonstration of Compliance

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 271 - OREGON CLIMATE PROTECTION PROGRAM › Section 340-271-0500 - Trading of Compliance Instruments

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 271 - OREGON CLIMATE PROTECTION PROGRAM › Section 340-271-0510 - Compliance Instrument Trade Notifications and Process

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Covered fuel suppliers that trade one or
			 more compliance instruments must notify DEQ of the trade. The designated
			 representatives of both the covered fuel supplier transferring the compliance
			 instrument and the covered fuel supplier acquiring the compliance instrument
			 must sign and submit a compliance instrument trade form that meets the
			 requirements of this section, using a form approved by DEQ.
(a) The covered fuel supplier transferring
			 one or more compliance instruments must sign first; and
(b) The covered fuel supplier acquiring the
			 compliance instrument(s) must sign the same form and submit it to DEQ no later
			 than one week after the transferring covered fuel supplier signs the
			 form.
(c) All of the following must
			 be included on a compliance instrument trade form:
(A) The agreed upon date of the
			 trade.
(B) The total number of
			 compliance instruments traded, and separately the total number traded from each
			 calendar year's cap.
(C) The total
			 price per compliance instrument (in US dollars), excluding any fees. If a
			 specific dollar value is not paid for the compliance instrument, an estimate
			 must be provided.
(D) As
			 applicable, other information about the trade that DEQ determines is necessary
			 to support DEQ's monitoring of trades and that DEQ includes on the
			 form;
(E) The following information
			 about the covered fuel supplier transferring the compliance instrument(s):
(i) Name and full mailing address of the
			 covered fuel supplier.
(ii)
			 Designated representative's contact information including name, title or
			 position, phone number, and email address.
(iii) The following attestation, signed by
			 the designated representative:
I certify under penalty of perjury under the laws of
				the State of Oregon that to the best of my knowledge and belief the information
				in this form is true, accurate, and complete. [Covered fuel supplier] is
				transferring these compliance instruments to [covered fuel supplier that is
				acquiring] for the price described in this form.
(F) The following information
			 about the covered fuel supplier acquiring the compliance instrument(s):
(i) Name and full mailing address of the
			 covered fuel supplier.
(i)
			 Designated representative's contact information including name, title or
			 position, phone number, and email address.
(iii) The following attestation, signed by
			 the designated representative:
I certify under penalty of perjury under the laws of
				the State of Oregon that to the best of my knowledge and belief the information
				in this form is true, accurate, and complete. [Covered fuel supplier] is
				acquiring compliance instruments from [covered fuel supplier that is
				transferring] for the price described in this form.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 271 - OREGON CLIMATE PROTECTION PROGRAM › Section 340-271-0590 - Recordkeeping Requirements Related to Trading

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 271 - OREGON CLIMATE PROTECTION PROGRAM › Section 340-271-0810 - Covered Fuel Supplier Application for Community Climate Investment Credits

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A covered fuel
			 supplier is eligible to receive one or more CCI credits if it contributes CCI
			 funds according to this rule.
(a) The covered
			 fuel supplier may receive CCI credits only for contributions to a CCI entity
			 that has been approved by DEQ according to OAR 340-271-0920(1)  and has entered
			 into a written agreement with DEQ to accept and administer CCI funds according
			 to OAR 340-271-0920(2).
(b) A
			 covered fuel supplier is not eligible to receive a CCI credit for any
			 contribution made to a CCI entity prior to March 1, 2023.
(c) If more than one CCI entity is approved
			 to accept funds according to subsection (a) the covered fuel supplier must
			 contribute an equal amount of CCI funds to each CCI entity that may receive
			 funds consistent with its agreement with DEQ according to OAR 340-271-0920(2).
			 The contribution amount to each CCI entity may vary by up to one US
			 dollar.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 271 - OREGON CLIMATE PROTECTION PROGRAM › Section 340-271-0820 - Generation and Distribution of Community Climate Investment Credits

Current through Register Vol. 63, No. 7, July 1, 2024
(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)
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 271 - OREGON CLIMATE PROTECTION PROGRAM › Section 340-271-0830 - Holding Community Climate Investment Credits

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 271 - OREGON CLIMATE PROTECTION PROGRAM › Section 340-271-0890 - Recordkeeping Requirements Related to Community Climate Investment Funds

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A covered fuel
			 supplier that provides CCI funds to a CCI entity must retain the following
			 records, in paper or electronic format, for a period of time that begins with
			 the date it provides the CCI funds and lasts seven years after all resulting
			 CCI credits are submitted to demonstrate compliance or are cancelled:
(a) A copy of any invoice or documentation of
			 monetary payment related to CCI funds;
(b) A statement from a financial institution
			 showing any payments related to CCI funds;
(c) A copy of any receipt received from a CCI
			 entity; and
(d) All other
			 information and documentation related to the CCI funds provided to a CCI
			 entity.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 271 - OREGON CLIMATE PROTECTION PROGRAM › Section 340-271-0900 - Purposes of Community Climate Investments and Eligible Uses of CCI Funds

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The purposes of
			 community climate investments are to:
(a)
			 Provide covered entities with an optional means of meeting part of their
			 compliance obligation for one or more compliance periods;
(b) Reduce anthropogenic greenhouse gas
			 emissions in Oregon by an average of at least one MT CO2e per CCI credit
			 distributed by DEQ;
(c) Reduce
			 emissions of other air contaminants that are not greenhouse gases, particularly
			 in or near environmental justice communities in Oregon;
(d) Promote public health, environmental, and
			 economic benefits for environmental justice communities throughout Oregon to
			 mitigate impacts from climate change, air contamination, energy costs, or any
			 combination of these; and
(e)
			 Accelerate the transition of residential, commercial, industrial and
			 transportation-related uses of fossil fuels in or near environmental justice
			 communities in Oregon to zero or to other lower greenhouse gas emissions
			 sources of energy in order to protect people, communities and businesses from
			 increases in the prices of fossil fuels.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 271 - OREGON CLIMATE PROTECTION PROGRAM › Section 340-271-0910 - Application to DEQ for Approval as a Community Climate Investment Entity

Current through Register Vol. 63, No. 7, July 1, 2024
(1) To be eligible
			 for DEQ approval as a community climate investment entity, an entity must
			 demonstrate that it:
(a) Is authorized to do
			 business in Oregon, and that it is exempt from federal taxation according to
			 Section 501(c)(3) of the U.S. Internal Revenue Code,
			 26 U.S.C.
			 §
										501(c)(3);
(b) Has the capacity to administer and spend
			 CCI funds to carry out eligible projects as specified in OAR
			 340-271-0900(2);
(c) Has or will
			 have staff capable of conducting work associated with being a CCI entity
			 according to this division;
(d) Has
			 or will have staff or subcontractors capable of implementing eligible projects
			 throughout Oregon; and
(e) Is not a
			 covered entity or a related entity of a covered entity.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 271 - OREGON CLIMATE PROTECTION PROGRAM › Section 340-271-0920 - DEQ Review and Approval of Community Climate Investment Entities and Agreements for Approved CCI Entities

Current through Register Vol. 63, No. 7, July 1, 2024
(1) DEQ will review and may approve
			 applications from entities proposing to be approved as CCI entities according
			 to subsections (a) through (d).
(a) DEQ will
			 review an application submitted according to OAR 340-271-0910  to ensure that it
			 meets the requirements of that rule. DEQ will inform the entity either that the
			 submitted application is complete or that additional specific information is
			 required to make the application complete. If the application is incomplete,
			 DEQ will not consider the application further until the entity provides the
			 additional information requested by DEQ.
(b) When evaluating complete applications
			 submitted according to OAR 340-271-0910, DEQ will consult with the equity
			 advisory committee described in OAR 340-271-0950  and may consult with any other
			 relevant experts selected by DEQ.
(c) DEQ will consider the following when
			 evaluating a complete application:
(A) The
			 content of the application;
(B)
			 Whether the entity meets the eligibility criteria in OAR
			 340-271-0910(1);
(C) Whether each
			 proposed subcontractor, if applicable, complies with the eligibility criteria
			 in OAR 340-271-0910(1)(e);
(D) The
			 overall ability of the entity and, if applicable, its subcontractor(s) to use
			 CCI funds to complete eligible projects that advance the purposes set forth in
			 OAR 340-271-0900(1)  and that collectively reduce anthropogenic greenhouse gas
			 emissions in Oregon by an average of at least one MT CO2e per CCI credit
			 distributed by DEQ based on CCI contributions to the entity;
(E) The overall ability of the entity and/or
			 its subcontractor(s) to use CCI funds as described in paragraph (D) relative to
			 the overall ability of other applicants and approved CCI entities;
			 and
(F) Whether the applicant or
			 any proposed subcontractors have violated any federal or state labor laws in
			 the preceding five years.
(d) DEQ will notify the applicant in writing
			 whether provisional approval as a CCI entity is granted or denied.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 271 - OREGON CLIMATE PROTECTION PROGRAM › Section 340-271-0930 - Requirements for Community Climate Investment Entities

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Acceptance of CCI funds.
(a) Once approved by DEQ, unless otherwise
			 specified in the agreement between a CCI entity and DEQ, a CCI entity must
			 accept CCI funds from any covered fuel supplier that seeks to contribute CCI
			 funds. The CCI entity must provide a receipt to the covered fuel supplier upon
			 receipt of CCI funds from the covered fuel supplier. The receipt must include:
(A) The name of the covered fuel
			 supplier;
(B) The name of the CCI
			 entity;
(C) The US dollar amount of
			 the CCI funds accepted;
(D) The
			 date the CCI entity accepted the CCI funds; and
(E) The following attestation:
I verify that [CCI Entity] received the contribution
				from [Covered fuel supplier] as described on this receipt and I affirm that I
				am a representative of [CCI entity] authorized to sign this
				receipt.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 271 - OREGON CLIMATE PROTECTION PROGRAM › Section 340-271-0950 - Equity Advisory Committee and Environmental Justice Community Engagement

Current through Register Vol. 63, No. 7, July 1, 2024
(1) DEQ
			 will appoint and convene an equity advisory committee to assist DEQ with:
(a) Review of:
(A) Applications to become a CCI
			 entity;
(B) Requests for DEQ
			 approval of work plans; and
(C)
			 Other submittals by CCI entities that require DEQ review; and
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 271 - OREGON CLIMATE PROTECTION PROGRAM › Section 340-271-0990 - Recordkeeping Requirements for Community Climate Investment Entities

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A CCI entity
			 must retain the following records, in paper or electronic format, for the
			 duration of its approval as a CCI entity and for a period of at least seven
			 years following the end of its approval:
(a) A
			 copy of each application submitted to DEQ for approval as a CCI
			 entity;
(b) A copy of any invoice
			 or documentation of monetary payment related to CCI funds;
(c) A statement from a financial institution
			 showing any payments related to CCI funds;
(d) A copy of any receipt provided to a
			 covered fuel supplier that makes a CCI payment to the CCI entity;
(e) A copy of any work plan submitted to DEQ
			 by the CCI entity;
(f) A copy of
			 any report or written request for approval submitted to DEQ by the CCI
			 entity;
(g) All other information
			 and documentation related to CCI funds;
(h) All records related to any implemented
			 projects; and
(i) All records and
			 information supporting estimates of greenhouse gas emissions reductions and
			 other air contaminant emissions reductions achieved from implemented projects
			 or project types.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 271 - OREGON CLIMATE PROTECTION PROGRAM › Section 340-271-8100 - Program Review

Current through Register Vol. 63, No. 7, July 1, 2024
(1) DEQ will
			 report to the EQC on community climate investments. DEQ will submit the first
			 report to the EQC by August 30, 2024 and every two years thereafter. DEQ will
			 share each report with current members of the equity advisory committee after
			 submission to the EQC. Each community climate investment report will include:
(a) A review of community climate
			 investments, including:
(A) CCI credits
			 distributed to covered fuel suppliers;
(B) CCI credits used by covered fuel
			 suppliers to demonstrate compliance;
(C) Estimates of annual greenhouse gas
			 emissions reductions that are anticipated to be achieved by completed projects
			 that CCI entities have reported to DEQ by March 31 of the year DEQ is reporting
			 to the EQC;
(D) Estimates of annual
			 non-greenhouse gas air contaminant emissions reductions that are anticipated to
			 be achieved by completed projects that CCI entities have reported to DEQ by
			 March 31 of the year DEQ is reporting to the EQC;
(E) Calculation of the average anthropogenic
			 greenhouse gas emissions reductions achieved per CCI credit distributed based
			 on (A) and (C) and whether reductions of approximately one MT CO2e or more of
			 anthropogenic greenhouse gas emissions for the average CCI credit distributed
			 by DEQ was achieved; and
(F)
			 Description of community benefits achieved; and
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 271 - OREGON CLIMATE PROTECTION PROGRAM › Section 340-271-8110 - Deferrals

Current through Register Vol. 63, No. 7, July 1, 2024
DEQ may extend reporting or demonstration of compliance
				deadlines as DEQ deems necessary or appropriate and will issue written notice
				of any extensions.
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
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 271 - OREGON CLIMATE PROTECTION PROGRAM › Section 340-271-8120 - Severability

Current through Register Vol. 63, No. 7, July 1, 2024
Each requirement of this division is severable, and if any
				requirement of this division is held invalid, the remainder of the requirements
				of this division will continue in full force and effect.
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
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 271 - OREGON CLIMATE PROTECTION PROGRAM › Section 340-271-9000 - Tables

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Table 1.
			 Thresholds for applicability described in OAR 340-271-0110(3).
(2) Table 2. Oregon Climate Protection
			 Program caps.
(3) Table 3.
			 Compliance instrument reserve size.
(4) Table 4. Compliance instrument
			 distribution to covered fuel suppliers that are local distribution
			 companies.
(5) REPEALED effective
			 November 16, 2023.
(6) Table 6.
			 Covered fuel supplier allowable usage of community climate investment credits
			 to demonstrate compliance as described in OAR 340-271-0450(3).
(7) Table 7. CCI credit contribution amount.
To view attachments referenced in rule text,
click here to view
				  rule
.
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
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 272 - THIRD PARTY VERIFICATION › Section 340-272-0010 - Purpose and Scope

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The purpose
			 of this division is to establish requirements for responsible entities that
			 must engage the services of a verification body approved by DEQ to perform
			 verification under this division for emissions data reports submitted under OAR
			 chapter 340, division 215, reports or fuel pathway applications submitted under
			 OAR chapter 340, division 253, or any combination therein, and to establish
			 requirements for verification bodies and verifiers seeking DEQ approval to
			 perform the third party verifications.
(2) This division supports the following
			 programs:
(a) Greenhouse Gas Reporting
			 Program as adopted under OAR chapter 340, division 215; and
(b) Clean Fuels Program as adopted under OAR
			 chapter 340, division 253.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 272 - THIRD PARTY VERIFICATION › Section 340-272-0020 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
The definitions in this rule and in OAR 340-200-0020, OAR
				340-215-0020, and OAR 340-253-0040, and the acronyms in OAR 340-253-0060  apply
				to this division. If the same term is defined in this rule and another
				division, the definition in this rule applies to this division.
(1) "Adverse verification statement" means a
			 verification statement from a verification body that (either or both):
(a) It cannot say with reasonable assurance
			 the submitted report or fuel pathway application is free of a material
			 misstatement; or
(b) The submitted
			 report or fuel pathway application contains correctable errors and thus is not
			 in conformance with the requirements to fix such errors according to OAR
			 340-272-0435.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 272 - THIRD PARTY VERIFICATION › Section 340-272-0100 - General Requirements for Verification of Reports and Fuel Pathway Applications

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 annual third party verification requirements set forth in this division apply
			 beginning in 2022 for reports with data for calendar year 2021, and in each
			 year thereafter. Quarterly review conducted as part of annual verification
			 services that meet the requirements of this division may begin in 2022 for
			 reports with data for the year 2022.
(2) Each responsible entity must:
(a) Engage the services of a verification
			 body to perform verification under this division;
(b) Do the following before verification
			 services begin:
(A) Conduct a conflict of
			 interest evaluation in coordination with the verification body according to OAR
			 340-272-0500  and develop a conflict of interest mitigation plan, if needed,
			 according to OAR 340-272-0500. Ensure both a complete and accurate conflict of
			 interest evaluation and conflict of interest mitigation plan, as applicable,
			 are submitted to DEQ, and receive from DEQ approval in writing to proceed with
			 verification services; and
(B)
			 Submit to DEQ the report that is to be verified and attest that the data and
			 information submitted to DEQ in the report is true, accurate, and
			 complete;
(c) Ensure that
			 a verification statement is submitted to DEQ from the verification body for
			 each report identified under OAR 340-272-0110  and OAR 340-272-0120  by the
			 deadline specified under section (3); and
(d) Ensure the requirements of this division
			 are met, including but not limited to, ensuring that verification services are
			 provided in compliance with the requirements of OAR 340-272-0300  and that a
			 potential for a conflict of interest is evaluated, monitored, and mitigated
			 according to OAR 340-272-0500;
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 272 - THIRD PARTY VERIFICATION › Section 340-272-0110 - Requirements for Verification of CFP Reports and Fuel Pathway Applications Submitted under OAR Chapter 340, Division 253

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Optional verification of CFP fuel pathway
			 (carbon intensity or CI) applications.
(a)
			 Fuel pathway applicants supplying site-specific CI data for the fuel pathway
			 application are not required to meet the requirements of this division or
			 engage the services of a verification body to perform verification for each
			 fuel pathway application submitted under OAR chapter 340, division
			 253.
(b) Fuel pathway applications
			 that have been verified according to the requirements of this division,
			 including site visit(s), will be prioritized for approval by DEQ.
(A) Fuel pathway applicants that choose to
			 engage the services of a verification body to perform verification may do so
			 once a list of approved verification bodies and verifiers qualified to verify
			 CFP fuel pathway applications is made available on DEQ's website according to
			 OAR-340-272-0220(1)(d)(B).
(B) Fuel
			 pathway applicants submitting fuel pathway applications to DEQ that have been
			 verified according to the requirements of this division must submit the
			 verification statement at the same time that the application is
			 submitted.
(C) A fuel pathway
			 application submitted to DEQ that includes an adverse verification statement
			 will not be considered.
(c) Fuel pathway applications submitted to
			 DEQ that have been verified under California ARB's Low Carbon Fuel Standard may
			 submit to DEQ materials relating to that verification.
(A) Fuel pathway applications submitted to
			 DEQ that include a positive or qualified positive validation statement under
			 California ARB's Low Carbon Fuel Standard will be prioritized for approval by
			 DEQ.
(B) Fuel pathway applications
			 submitted to DEQ that include an adverse validation statement under California
			 ARB's Low Carbon Fuel Standard will not be considered.
(C) Any verification statements for the fuel
			 pathway under California ARB's Low Carbon Fuel Standard must also be submitted
			 at the same time that the fuel pathway application and validation statement are
			 submitted to DEQ.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 272 - THIRD PARTY VERIFICATION › Section 340-272-0120 - Requirements for Verification of GHG Reporting Program Emissions Data Reports Submitted under OAR Chapter 340, Division 215

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Annual verification of GHG Reporting
			 Program emissions data reports.
(a)
			 Applicability. The following persons must meet the requirements of this
			 division and engage the services of a verification body for the purposes of
			 annual verification of the entire emissions data report, including required
			 site visit(s), for each separate emissions data report submitted under OAR
			 chapter 340, division 215, except as otherwise provided under subsection (b):
(A) A regulated entity that submits an
			 emissions data report as described under OAR 340-215-0044(1)  that indicates
			 emissions equaled or exceeded 25,000 metric tons of CO2e, excluding CO2 from
			 biomass-derived fuels;
(B) A third
			 party that is not the Bonneville Power Administration (BPA) that registers and
			 submits an emissions data report on behalf of a consumer-owned utility for
			 emissions, data, and information submitted for each individual utility with
			 emissions that equaled or exceeded 25,000 metric tons of CO2e, excluding CO2
			 from biomass-derived fuels and excluding emissions associated with preference
			 power purchased from BPA;
(C) A
			 regulated entity that submitted an emissions data report that indicated
			 emissions exceeded the threshold in paragraph (A) in the previous year, but
			 that submits an emissions data report that indicates emissions are reduced
			 below that applicability threshold in the current reporting year;
(D) All regulated entities subject to the
			 Climate Protection Program requirements described under OAR chapter 340,
			 division 271, regardless of emissions reported; and
(E) All regulated entities that are electric
			 companies and electricity service suppliers as defined in ORS
			 757.600, regardless of emissions
			 reported.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 272 - THIRD PARTY VERIFICATION › Section 340-272-0210 - Applications and Criteria for DEQ Approval of Verification Bodies and Verifiers

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Application for approval. A business entity or person seeking DEQ approval or
			 renewal of DEQ approval to perform verification under this division as a
			 verification body or verifier must submit an application to DEQ, on a form
			 approved by DEQ, that includes the following information:
(a) For verifier applications, a statement
			 about whether the application is for approval as a verifier, a lead verifier,
			 or a sector specific verifier;
(b)
			 A statement about which specific types of emissions data reports submitted
			 under OAR chapter 340, division 215, fuel pathway applications or specific
			 types of CFP reports submitted under OAR chapter 340, division 253, or any
			 combination therein, for which the applicant is seeking approval to perform
			 verification;
(c) Documentation
			 demonstrating that the person or business entity holds the accreditation
			 requirements described in section (2);
(d) Additional information as required by
			 sections (2) through (7), as applicable;
(e) A certification that the person or
			 business entity agrees to comply with and be subject to the requirements of
			 this division in relation to all verification work for responsible entities;
			 and
(f) Any other information
			 requested by DEQ that DEQ determines is relevant to determine whether to
			 approve the applicant.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 272 - THIRD PARTY VERIFICATION › Section 340-272-0220 - DEQ Review and Approval of Verification Bodies and Verifiers

Current through Register Vol. 63, No. 7, July 1, 2024
(1) DEQ application
			 review and approval process for verification bodies and verifiers.
(a) After receipt of an application under OAR
			 340-272-0210, DEQ will inform the applicant either that a submitted application
			 is complete or that additional specific information is required to make the
			 application complete. If the application is incomplete, DEQ will not consider
			 the application further until the applicant provides the additional information
			 requested by DEQ.
(b) DEQ will
			 review submitted applications to prescreen and ensure all requirements are met.
			 DEQ will notify an applicant in writing which verification training(s) and
			 exam(s) are required to be completed according to OAR 340-272-0210(8). An
			 applicant may choose to take trainings and exams in addition to those required
			 by DEQ.
(c) DEQ will not consider
			 or issue final approval until DEQ finds an application for approval as a
			 verification body or verifier is complete and meets all applicable requirements
			 under OAR 340-272-0210(1)  and all required verification training(s) and
			 exam(s), as deemed applicable by DEQ under subsection (b), have been completed
			 according to OAR 340-272-0210(8).
(d) Following completion of the application
			 process and all applicable training and examination requirements, DEQ will
			 notify the applicant in writing if approval has been granted or denied.
(A) DEQ may issue approval to verification
			 bodies, verifiers, lead verifiers, and sector specific verifiers that apply and
			 meet the criteria under OAR 340-272-0210  and successfully complete verification
			 training(s) and exam(s) as required under OAR 340-272-0210(8).
(B) DEQ approval will be limited to certain
			 report types, data types, sources of emissions, or sectors, according to the
			 information in the application and the qualifications of the applicant, and
			 based on DEQ's determination of whether the applicant demonstrates, to DEQ's
			 satisfaction, sufficient knowledge of the relevant methods and requirements in
			 this division, OAR chapter 340, division 215, and OAR chapter 340, division
			 253, as applicable.
(C) DEQ will
			 maintain a current list of approved verification bodies, verifiers, lead
			 verifiers, and sector specific verifiers on DEQ's website.
(e) DEQ approval is valid for a period of
			 three years from the date the approval is issued by DEQ. The applicant may
			 re-apply for approval as a verification body, verifier, lead verifier, or
			 sector specific verifier following the same application procedures according to
			 OAR 340-272-0210  and must satisfy all DEQ training and examination requirements
			 applicable at the time of re-application.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 272 - THIRD PARTY VERIFICATION › Section 340-272-0300 - Requirements for Verification Services

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Verification services provided and
			 completed must meet the requirements of OAR 340-272-0405  through OAR
			 340-272-0495, as applicable to the type of CFP report or fuel pathway
			 application submitted under OAR chapter 340, division 253 or emissions data
			 report submitted under OAR chapter 340, division 215.
(2) Requirements for responsible entities.
(a) Responsible entities must engage the
			 services of a verification body that meets the requirements and criteria under
			 OAR 340-272-0210  and has been approved by DEQ under OAR 340-272-0220  to perform
			 verification under this division for the type of verification services
			 applicable to the responsible entity.
(b) A responsible entity that has been
			 notified by DEQ or by it's verification body that the verification body's DEQ
			 approval has been suspended or revoked, must engage the services of a different
			 DEQ-approved verification body to perform verification.
(c) Each responsible entity must ensure that
			 the verification services provided on its behalf meet the requirements of this
			 division.
(d) Records retention and
			 availability requirements.
(A) Responsible
			 entities must retain records necessary for completing verification services and
			 records requested by the verification team according to the recordkeeping
			 requirements of OAR chapter 340, division 215 or OAR chapter 340, division 253,
			 as applicable.
(B) Responsible
			 entities must retain for verification purposes and make available to the
			 verification team the following:
(i) All
			 information and documentation used to calculate and report emissions, fuel
			 quantities, and fuels and electricity transactions;
(ii) All data and information required by or
			 submitted under OAR chapter 340, division 215 or OAR chapter 340, division 253;
			 and
(iii) Other data and
			 information as necessary in order for verification services to be
			 completed.
(C)
			 Responsible entities must maintain documentation to support any revisions made
			 to the initial report or fuel pathway application submitted to DEQ as a result
			 of verification. Documentation for all submittals must be retained by the
			 responsible entity in paper or electronic format for a period of at least seven
			 years.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 272 - THIRD PARTY VERIFICATION › Section 340-272-0350 - DEQ Review and Approval of Verification and Re-verification Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
(1) DEQ review of
			 verification.
(a) In addition to any other
			 enforcement authority DEQ may have, DEQ retains full authority in determining
			 whether to approve, modify, or reject any verification statement submitted to
			 DEQ for a report or fuel pathway application by a verification body on behalf
			 of a responsible entity under this division.
(b) DEQ may issue an adverse verification
			 statement for a report or fuel pathway application if it has information to
			 support such a conclusion, even if it has received a positive verification
			 statement from a verification body.
(c) DEQ may also issue an adverse
			 verification statement for:
(A) Failure to
			 submit a complete or accurate fuel pathway application or annual or quarterly
			 report in a timely manner;
(B)
			 Failure to conduct or complete third-party verification as required by this
			 division; or
(C) Any other
			 violation of this division, OAR chapter 340, division 215, or OAR chapter 340,
			 division 253.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 272 - THIRD PARTY VERIFICATION › Section 340-272-0355 - DEQ Data Requests and Audits

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 DEQ data requests and audits of responsible entities.
(a) Upon written request by DEQ, the
			 responsible entity must provide the data used to generate a report or fuel
			 pathway application including all data made available to the verification team
			 engaged by the responsible entity to perform verification, within 14 calendar
			 days of DEQ's request.
(b) Upon
			 written notification by DEQ, the responsible entity must make itself, its
			 personnel, and other entities in its feedstock and finished fuel supply chain,
			 as applicable, available for a DEQ audit.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 272 - THIRD PARTY VERIFICATION › Section 340-272-0405 - Notice of Verification Services

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Before a verification body commences any
			 verification services for the responsible entity, the responsible entity must
			 ensure the verification body submits a notice of verification services to DEQ
			 that meets the requirements of this rule. The notice of verification services
			 must be submitted after DEQ has provided a determination that the potential for
			 a conflict of interest is acceptable as specified under OAR 340-272-0500(7)  and
			 that verification services may proceed.
(a) If
			 the conflict of interest evaluation submitted by the responsible entity and the
			 notice of verification services submitted by the verification body are
			 submitted at the same time, verification services may not begin until DEQ has
			 determined the potential for conflict of interest is acceptable in
			 writing.
(b) Except as provided in
			 subsection (a), the verification body may begin verification services for the
			 responsible entity after the notice of verification services is received by
			 DEQ, but must allow a minimum of 14 calendar days advance notice of a site
			 visit unless an earlier date is approved by DEQ. The site visit may not take
			 place prior to the applicable regulatory deadline for the reporting type to be
			 verified, except under the conditions listed in OAR
			 340-272-0420(2)(a).
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 272 - THIRD PARTY VERIFICATION › Section 340-272-0410 - Scoping Verification Services

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Before beginning work on a verification,
			 the responsible entity and the verification team must discuss the activities
			 and scope of the verification services and there must be a transfer of
			 information and documents that are needed for initial verification
			 services.
(2) The verification team
			 must review original documents and supporting data provided to them by the
			 responsible entity.
(3) Before
			 conducting any site visits, the verification team must create a verification
			 plan that meets the requirements of OAR 340-272-0415  and a draft sampling plan
			 that meets the requirements of OAR 340-272-0425.
Statutory/Other Authority: ORS
				  468.020,
				  468A.050,
				  468A.266,
				  468A.271,
				  468A.277 &
				  468A.280
Statutes/Other Implemented: ORS
				  468A.010,
				  468A.015,
				  468A.050,
				  468A.265 through
				  468A.277 &
				  468A.280
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 272 - THIRD PARTY VERIFICATION › Section 340-272-0415 - Verification Plan

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Verification
			 services must include the development of a verification plan that meets the
			 requirements of this rule.
(2) All
			 verification plans must contain information on the timing of verification
			 services, including:
(a) Dates of proposed
			 meetings and interviews with personnel of the responsible entity;
(b) Dates of proposed site visits;
(c) Types of proposed document and data
			 reviews and, for CFP reports submitted under OAR chapter 340, division 253, how
			 quarterly review is planned in the context of an annual verification
			 requirement, as applicable; and
(d)
			 Expected date for completing verification services.