Oregon Administrative Rules › Chapter 345 - DEPARTMENT OF ENERGY, ENERGY FACILITY SITING COUNCIL › Division 24 - SPECIFIC STANDARDS FOR SITING FACILITIES › Section 345-024-0630 - Means of Compliance for Nongenerating Energy Facilities

Current through Register Vol. 63, No. 7, July 1, 2024
The applicant may elect to use any of the following means, or
				any combination thereof, to comply with the carbon dioxide emissions standard
				for nongenerating energy facilities:
(1) Implementing offset projects directly or
			 through a third party, pursuant to OAR 345-024-0680. The Council may adopt site
			 certificate conditions ensuring that the proposed offset projects are
			 implemented by the date specified in the site certificate, but shall not
			 require that predicted levels of avoidance, displacement or sequestration of
			 greenhouse gas emissions be achieved.
(2) Providing offset funds, directly or
			 through a third party, in an amount deemed sufficient to produce the reduction
			 in greenhouse gas emissions necessary to meet the applicable carbon dioxide
			 emissions standard according to the schedule set forth pursuant to OAR
			 345-024-0620(5). The applicant or third party shall use the funds as specified
			 in OAR 345-024-0710. The Council shall deem the payment of the monetary offset
			 rate, pursuant to OAR 345-024-0580, to result in a reduction of one ton of
			 carbon dioxide emissions. The Council shall determine the offset funds using
			 the monetary offset rate and the level of emissions reduction required to meet
			 the applicable standard. If the Council issues a site certificate based on this
			 section, the Council may not adjust the amount of the offset funds based on the
			 actual performance of offsets.
(3)
			 Any other means that the Council adopts by rule for demonstrating compliance
			 with the carbon dioxide emissions standard.
(4) Each year after beginning commercial
			 operation, the certificate holder shall report to the Department of Energy data
			 showing the amount and type of fossil fuels used by the facility and its
			 horsepower-hours of operation. The Council shall specify in the site
			 certificate how the Department shall use those data to calculate the gross
			 carbon dioxide emissions from the facility during the report year and the net
			 emissions in excess of the carbon dioxide emissions standard. The Department
			 shall then subtract excess emissions from the offset credit account. The
			 Council shall specify in the site certificate the minimum amount of offset
			 credits that a certificate holder shall provide to establish the offset credit
			 account. The Council may specify an amount of offset credits equal to the total
			 offsets required for the facility. The Council shall specify the minimum amount
			 of offset credits that a certificate holder must maintain in the account and
			 the minimum amount of offset credits the certificate holder shall provide to
			 replenish the account. The Department shall notify the certificate holder when
			 it must replenish its offset credit account according to the conditions in the
			 site certificate. The certificate holder shall maintain a positive balance in
			 the offset credit account for 30 years, unless the Council specifies a
			 different period in the site certificate.
(5) If the certificate holder is replenishing
			 its offset credit account by meeting the monetary path payment requirement
			 described in OAR 345-024-710, the certificate holder may replenish its offset
			 credit account without amending the site certificate by using the calculation
			 methodology detailed in conditions that the Council adopts in the site
			 certificate.
(6) If the certificate
			 holder proposes to replenish the offset credit account under OAR
			 345-024-0630(1), the Council may amend the site certificate conditions to
			 ensure that the proposed offset projects are implemented.
(7) If the Council or a court on judicial
			 review concludes that the applicant has not demonstrated compliance with the
			 applicable carbon dioxide emissions standard under sections (1), (3) or (6) of
			 this rule, or any combination thereof, and the applicant agrees to meet the
			 requirements of section (2) for any deficiency, the Council or a court shall
			 find compliance based on such agreement.
Stat. Auth.: ORS
				  469.470 &
				  469.501
Stats. Implemented: ORS
				  469.501 &
				  469.503