reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 250 - GENERAL CONFORMITY › Section 340-250-0070 - Frequency of Conformity Determinations

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The conformity status of a federal action
			 automatically lapses 5 years from the date a final conformity determination is
			 reported under OAR
			 340-250-0050,
			 unless the federal action has been completed or a continuous program has been
			 commenced to implement that federal action within a reasonable time.
(2) Ongoing federal activities at a given
			 site showing continuous progress are not new actions and do not require
			 periodic redeterminations so long as the emissions associated with such
			 activities are within the scope of the final conformity determination reported
			 under OAR
			 340-250-0050.
(3) If, after the conformity determination is
			 made, the federal action is changed so that there is an increase in the total
			 of direct and indirect emissions above the levels in OAR
			 340-250-0020(4),
			 a new conformity determination is required.
[
NOTE:
This rule is included in the State of
				Oregon Clean Air Act Implementation Plan as Adopted by the Environmental
				Quality Commission under OAR
				340-200-0040.]
Stat. Auth.: ORS 468.020 & ORS 468A.035
Stats. Implemented: ORS
				  468A.035
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 250 - GENERAL CONFORMITY › Section 340-250-0090 - Procedures for Conformity Determinations of General Federal Actions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The analyses
			 required under OAR
			 340-250-0080  and
			 340-250-0090  must be based on the latest planning assumptions.
(a) All planning assumptions must be derived
			 from the estimates of current and future population, employment, travel, and
			 congestion most recently approved by the MPO, or other agency authorized to
			 make such estimates, where available.
(b) Any revisions to these estimates used as
			 part of the conformity determination, including projected shifts in geographic
			 location or level of population, employment, travel, and congestion, must be
			 approved by the MPO or other agency authorized to make such estimates for the
			 urban area.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 250 - GENERAL CONFORMITY › Section 340-250-0100 - Mitigation of Air Quality Impacts

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Any measures that are intended to
			 mitigate air quality impacts must be identified and the process for
			 implementation and enforcement of such measures must be described, including an
			 implementation schedule containing explicit timelines for
			 implementation.
(2) Prior to
			 determining that a federal action is in conformity, the federal agency making
			 the conformity determination must obtain written commitments from the
			 appropriate persons or agencies to implement any mitigation measures which are
			 identified as conditions for making conformity determinations. Such written
			 comments shall describe the mitigation measures and the nature of the
			 commitments in a manner consistent with section (1) of this rule.
(3) Persons or agencies voluntarily
			 committing to mitigation measures to facilitate positive conformity
			 determinations must comply with the obligations of such commitments.
(4) In instances where the federal agency is
			 licensing, permitting or otherwise approving the action of another governmental
			 or private entity, approval by the federal agency must be conditioned on the
			 other entity meeting the mitigation measures set forth in the conformity
			 determination, as provided in section (1) of this rule.
(5) When necessary because of changed
			 circumstances, mitigation measures may be modified so long as the new
			 mitigation measures continue to support the conformity determination. Any
			 proposed change in the mitigation measures is subject to the reporting
			 requirements of OAR
			 340-250-0050  and the public participation requirements of
			 340-250-0060.
(6) Written commitments to mitigation
			 measures must be obtained prior to a positive conformity determination and all
			 such commitments must be fulfilled.
(7) After the Department revises its SIP to
			 adopt its general conformity rules and EPA approves that SIP revision, any
			 agreements, necessary for a conformity determination will be both state and
			 federally enforceable. Enforceability through the applicable SIP will apply to
			 all persons who agree to mitigate direct emissions and indirect emissions
			 associated with a federal action for a conformity determination.
[
NOTE:
This rule is included in the State of
				Oregon Clean Air Act Implementation Plan as Adopted by the Environmental
				Quality Commission under OAR
				340-200-0040.]
Stat. Auth.: ORS 468.020 & ORS 468A.035
Stats. Implemented: ORS
				  468A.035
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 250 - GENERAL CONFORMITY › Section 340-250-0110 - Savings Provision

Current through Register Vol. 63, No. 7, July 1, 2024
The federal conformity rules under
40 CFR Part 51, Subpart W (July 1, 1994)
, in addition to any existing applicable state
				requirements, establish the conformity criteria and procedures necessary to
				meet the requirements of CAA Section 176(c) until such time as this division
				are approved by EPA. Following EPA approval of these rules, the state criteria
				and procedures in this division would govern conformity determinations. In
				addition, any previously applicable SIP requirements relating to conformity
				remain enforceable until the state revises its applicable implementation plan
				to specifically remove them, and that revision is approved by EPA.
[
NOTE:
This rule is included in the State of
				Oregon Clean Air Act Implementation Plan as Adopted by the Environmental
				Quality Commission under OAR
				340-200-0040.]
Stat. Auth.: ORS 468.020 & ORS 468A.035
Stats. Implemented: ORS
				  468A.035
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 252 - TRANSPORTATION CONFORMITY › Section 340-252-0010 - Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
The purpose of this division is to implement section 176(c) of
				the Clean Air Act, as amended [42 U.S.C. 7401  et seq.], and the related
				requirements of
23 U.S.C. 109 (j)
, with respect to the conformity
				of transportation plans, programs, and projects which are developed, funded, or
				approved by the United States Department of Transportation (DOT), and by
				metropolitan planning organizations (MPOs) or other recipients of funds under
				Title 23 U.S.C. or the Federal Transit Laws (49 U.S.C. Chapter 53). This
				division sets forth policy, criteria, and procedures for demonstrating and
				assuring conformity of such activities to an applicable implementation plan
				developed pursuant to section 110 and Part D of the CAA.
[
NOTE:
This rule is included in the State of
				Oregon Clean Air Act Implementation Plan as Adopted by the Environmental
				Quality Commission under OAR
				340-200-0040.]
Stat. Auth.: ORS 468.020
Stats. Implemented: ORS
				  468A.035
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 252 - TRANSPORTATION CONFORMITY › Section 340-252-0030 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
The definitions in OAR
				340-200-0020,
				340-204-0010  and this
				rule apply to this division. If the same term is defined in this rule and
				340-200-0020 or
				340-204-0010, the
				definition in this rule applies to this division. Terms used but not defined in
				this rule shall have the meaning given them by the CAA, Titles 23 and 49
				U.S.C., other Environmental Protection Agency regulations, or other DOT
				regulations, in that order of priority.
(1) "Air pollution control agency" has the
			 meaning given that term in section 176(c)(7)(E) of the FCAA.
(2) "Consult" or "consultation" means that
			 the party or parties responsible for consultation as established in OAR
			 340-252-0060  shall
			 provide all appropriate information necessary to making a conformity
			 determination and, prior to making a conformity determination, except with
			 respect to a transportation plan or TIP revision which merely adds or deletes
			 exempt projects, consider the views of such parties and provide a timely,
			 written response to those views. Such views and written responses shall be
			 included in the record of decision or action.
(3) "DEQ" means the Department of
			 Environmental Quality.
(4) "ODOT"
			 means the Oregon Department of Transportation.
(5) "Policy level official" means elected
			 officials, and management and senior staff level employees.
(6) "Regional air authority" means a regional
			 air authority established pursuant to ORS 468A.105.
(7) "Scope" means "design scope" as defined
			 in  40 CFR 93.101  when the term follows "design concept and...."
NOTE
: This rule is included in the State of Oregon
				Clean Air Act Implementation Plan as Adopted by the Environmental Quality
				Commission under OAR
				340-200-0040.
Stat. Auth.: ORS 468.020
Stats. Implemented: ORS
				  468A.035
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 252 - TRANSPORTATION CONFORMITY › Section 340-252-0070 - Timeframe of Conformity Determinations

Current through Register Vol. 63, No. 7, July 1, 2024
Any election by an MPO to shorten the timeframe of a conformity
				determination under  40 CFR 93.106(d)  requires approval of the Department of
				Environmental Quality or the Lane Regional Air Protection Agency, as
				applicable. A shortened timeframe may be appropriate, for example, when
				projected future emissions fail to meet a Motor Vehicle Emissions Budget (MVEB)
				due to calculation methods that are inconsistent with the methods used to
				determine the MVEB. Such circumstances may exist for example, when emissions
				estimation methods have changed from those used to establish the MVEB.
NOTE
: This rule is included in the State of Oregon
				Clean Air Act Implementation Plan as adopted by the Environmental Quality
				Commission under OAR
				340-200-0040.
Stat. Auth.: ORS 468.020
Stats. Implemented: ORS
				  468A.035
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 252 - TRANSPORTATION CONFORMITY › Section 340-252-0230 - Written Commitments

Current through Register Vol. 63, No. 7, July 1, 2024
(1) In
			 accordance with  40 CFR 93.122(a)(4)(ii), prior to making a conformity
			 determination on the transportation plan or TIP, a Metropolitan Planning
			 Organization or the Oregon Department of Transportation may not include
			 emissions reduction credits from any control measures that are not included in
			 the transportation plan or TIP and that do not require a regulatory action in
			 the regional emissions analysis unless the Metropolitan Planning Organization,
			 Oregon Department of Transportation or Federal Highway Administration/Federal
			 Transit Administration obtains written commitments, as defined in  40 CFR 93.101, from the appropriate entities to implement those control measures. The
			 written commitments to implement those control measures must be fulfilled by
			 the appropriate entities.
(2) In
			 accordance with  40 CFR 93.125(c), prior to making a project-level conformity
			 determination for a transportation project, the Federal Highway
			 Administration/Federal Transit Administration must obtain from the project
			 sponsor or operator written commitments, as defined in  40 CFR 93.101, to
			 implement any project-level mitigation or control measures in the construction
			 or operation of the project identified as conditions for NEPA process
			 completion. The written commitments to implement those project-level mitigation
			 or control measures must be fulfilled by the appropriate entities. Prior to
			 making a conformity determination on the transportation plan or TIP a
			 Metropolitan Planning Organization or Oregon Department of Transportation must
			 ensure any project-level mitigation or control measures are included in the
			 project design concept and Scope and are appropriately identified in the
			 regional emissions analysis. Prior to making a project-level conformity
			 determination, written commitments must be obtained before such mitigation or
			 control measures are used in a project-level hot-spot analysis.
NOTE
: This rule is included in the State of Oregon
				Clean Air Act Implementation Plan as adopted by the Environmental Quality
				Commission under OAR
				340-200-0040.
Publications: Publications referenced are available from the
				  agency.
Stat. Auth.: ORS 468.020
Stats. Implemented: ORS
				  468A.035
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 253 - OREGON CLEAN FUELS PROGRAM › Section 340-253-0000 - Overview

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Context. The
			 Oregon Legislature has found that climate change poses a serious threat to the
			 economic well-being, public health, natural resources and environment of
			 Oregon. Section 1, chapter 907, Oregon Laws 2007. The Oregon Clean Fuels
			 Program will reduce Oregon's contribution to the global levels of greenhouse
			 gas emissions and the impacts of those emissions in Oregon in concert with
			 other greenhouse gas reduction policies and actions by local governments, other
			 states and the federal government.
(2) Purpose. The purpose of the Oregon Clean
			 Fuels Program is to reduce the amount of lifecycle greenhouse gas emissions per
			 unit of energy by a minimum of 10 percent below 2010 levels by 2025. This
			 reduction goal applies to the average of all transportation fuels used in
			 Oregon, not to individual fuels. A fuel user does not violate the standard by
			 possessing fuel that has higher carbon content than the clean fuel standard
			 allows.
(3) Background. The 2009
			 Oregon Legislature adopted House Bill 2186 enacted as chapter 754 of Oregon
			 Laws 2009. The law authorizes the Environmental Quality Commission to adopt low
			 carbon fuel standards for gasoline, diesel fuel and fuels used as substitutes
			 for gasoline or diesel fuel. Sections 6 to 9 of chapter 754, Oregon Laws 2009
			 is printed as a note following ORS
			 468A.270 in the 2011 Edition. The 2015 Oregon Legislature amended those provisions when
			 it adopted Senate Bill 324 (chapter 4, Oregon Laws 2015), which was codified in
			 ORS
			 468A.275.
			 ORS
			 468A.275 was further amended by the 2017 Oregon Legislature in House Bill 2017. OAR
			 division 253 of chapter 340 implements that law.
(4) LRAPA. Notwithstanding Lane Regional Air
			 Pollution Agency authorization in OAR 340-200-0010(3), DEQ administers this
			 division in all areas of the State of Oregon.
Statutory/Other Authority: ORS
				  468.020,
				  468A.266,
				  468A.268  & 468A.277
Statutes/Other Implemented: ORS
				  468.020 &
				  ORS
				  468A.265 through
				  468A.277
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 253 - OREGON CLEAN FUELS PROGRAM › Section 340-253-0060 - Acronyms

Current through Register Vol. 63, No. 7, July 1, 2024
The following acronyms apply to this division:
(1) "AFP" means Alternative Fuel
			 Portal.
(2) "ASTM" means ASTM
			 International (formerly American Society for Testing and Materials).
(3) "BEV" means battery electric
			 vehicle.
(4) "CARB" means the
			 California Air Resources Board.
(5)
			 "CA-GREET" means the California Air Resources Board adopted version of
			 GREET.
(6) "CFP" means the Clean
			 Fuels Program established under OAR chapter 340, division 253.
(7) "CI" means carbon intensity.
(8) "CNG" means compressed natural
			 gas.
(9) "CO2e" means carbon
			 dioxide equivalents.
(10) "DEQ"
			 means Oregon Department of Environmental Quality.
(11) "EER" means energy economy
			 ratio.
(12) "EN" means a European
			 Standard adopted by one of the three European Standardization
			 Organizations.
(13) "EQC" means
			 Oregon Environmental Quality Commission.
(14) "EV" means electric vehicle.
(15) "FEIN" means federal employer
			 identification number.
(16) "FFV"
			 means flex fuel vehicle.
(17) "FPC"
			 means fuel pathway code.
(18)
			 "gCO2e/MJ" means grams of carbon dioxide equivalent per megajoule of
			 energy.
(19) "HDV" means heavy-duty
			 vehicle.
(20) "HDV-CIE" means a
			 heavy-duty vehicle compression ignition engine.
(21) "HDV-SIE" means a heavy-duty vehicle
			 spark ignition engine.
(22) "L-CNG"
			 means liquefied-compressed natural gas.
(23) "LDV" means light-duty
			 vehicle.
(24) "LNG" means liquefied
			 natural gas.
(25) "LPG" means
			 liquefied petroleum gas.
(26)
			 "LPGV" means liquefied petroleum gas vehicle.
(27) "MDV" means medium-duty
			 vehicle.
(28) "mmBtu" means million
			 British Thermal Units.
(29) "NERC"
			 means the North American Electric Reliability Corporation.
(30) "NGV" means natural gas
			 vehicle.
(31) "PHEV" means partial
			 hybrid electric vehicle.
(32) "PTD"
			 means product transfer document.
(33) "REC" means Renewable Energy
			 Certificate.
(34) "RFS" means the
			 Renewable Fuel Standard implemented by the US Environmental Protection
			 Agency.
(35) "scf" means standard
			 cubic foot.
(36) "ULSD" means ultra
			 low sulfur diesel.
(37) "WREGIS"
			 means the Western Renewable Energy Generation Information System run by the
			 Western Electricity Coordinating Council.
(38) "WECC" means the Western Electricity
			 Coordinating Council.
Statutory/Other Authority: ORS
				  468.020,
				  468A.266,
				  468A.268  & 468A.277
Statutes/Other Implemented: ORS
				  468.020 &
				  ORS
				  468A.265 through
				  468A.277
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 253 - OREGON CLEAN FUELS PROGRAM › Section 340-253-0100 - Oregon Clean Fuels Program Applicability and Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Regulated
			 parties.
(a) All persons that produce in
			 Oregon, or import into Oregon, any regulated fuel must comply with the rules in
			 this division.
(b) The regulated
			 parties for regulated fuels are designated under OAR 340-253-0310  and must
			 comply with sections (4) through (8) below;
(c) An out-of-state producer of ethanol,
			 biodiesel, renewable diesel, alternative jet fuel, renewable natural gas, or
			 renewable propane that is not an importer is not required to participate in the
			 program. Any out-of-state producer that is not an importer who chooses
			 voluntarily to participate in the program in order to initially generate
			 credits from the volumes of their fuel that is imported into Oregon must comply
			 with sections (4), (5), (7), (8), and (9) below;
(d) Small importers of finished fuels are
			 exempt from sections (6) and (7) below;
(e) Regulated parties must comply with OAR
			 chapter 340, division 215.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 253 - OREGON CLEAN FUELS PROGRAM › Section 340-253-0200 - Regulated and Clean Fuels

Current through Register Vol. 63, No. 7, July 1, 2024
(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 division
			 253.
(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; and
(g) Any other liquid or
			 non-liquid transportation fuel not listed in section (3).
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 253 - OREGON CLEAN FUELS PROGRAM › Section 340-253-0250 - Exemptions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Exempt fuels.
			 The following fuels are exempt from the list of regulated fuels under OAR
			 340-253-0200(2):
(a) Fuels used in small
			 volumes. A single type of transportation fuel supplied for use in Oregon if the
			 producer or importer documents that all providers supply an aggregate volume of
			 less than 360,000 gallons of liquid fuel per year.
(b) Small volume fuel producer. A
			 transportation fuel supplied for use in Oregon if the producer documents that:
(A) The producer has an annual production
			 volume of less than 10,000 gallons of liquid fuel per year; or
(B) The producer uses the entire volume of
			 fuel produced in motor vehicles used by the producer directly and has an annual
			 production volume of less than 50,000 gallons of liquid fuel; or
(C) The producer is a research, development
			 or demonstration facility.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 253 - OREGON CLEAN FUELS PROGRAM › Section 340-253-0310 - Regulated Parties: Providers of Gasoline, Diesel, Ethanol, Biodiesel, Renewable Diesel, and Blends Thereof

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Regulated
			 party. The regulated party is the producer or importer of the regulated fuel
			 under OAR 340-253-0200(2).
(2)
			 Recipient notification requirement. If a regulated party intends to transfer
			 ownership of fuel, it is the recipient's responsibility to notify the
			 transferor whether the recipient is a producer, a position holder, an importer
			 of blendstocks, a large importer of finished fuels, a small importer of
			 finished fuels, or is not an importer or otherwise registered under this
			 program. The notification does not have to be in writing.
(3) Recipient is a position holder, an
			 importer of blendstocks or a large importer of finished fuels above the rack.
			 If a regulated party transfers the fuel to a position holder, an importer of
			 blendstocks, or a large importer of finished fuels above the rack, the
			 transferor and the recipient have the options and responsibilities under this
			 section.
(a) Unless the transferor elects to
			 remain the regulated party under (3)(b):
(A)
			 The recipient is now the regulated party who:
(i) Must comply with the registration,
			 recordkeeping and reporting requirements under OAR 340-253-0500, 340-253-0600,
			 340-253-0620, 340-253-0630, and 340-253-0650  for the fuel;
(ii) Is responsible for compliance with the
			 clean fuel standard for the fuel under OAR 340-253-0100(6); and
(iii) Is eligible to generate credits for the
			 fuel, as applicable.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 253 - OREGON CLEAN FUELS PROGRAM › Section 340-253-0320 - Credit Generators: Providers of Compressed Natural Gas, Liquefied Natural Gas, Liquefied Compressed Natural Gas, and Liquefied Petroleum Gas

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Applicability.
			 This rule applies to providers of compressed natural gas, liquefied natural
			 gas, liquefied compressed natural gas, and liquefied petroleum gas for use as a
			 transportation fuel in Oregon.
(2)
			 Compressed natural gas. For CNG used as a transportation fuel, subsections (a)
			 through (c) determine the person who is eligible to generate credits.
(a) Fossil CNG. For fuel that is solely
			 fossil CNG, the person that is eligible to generate credits is the owner of the
			 compressor at the facility where the fuel is dispensed for use in a motor
			 vehicle.
(b) Bio-based CNG. For
			 fuel that is solely bio-based CNG, the person that is eligible to generate
			 credits is the producer or importer of the fuel.
(c) Blend of fossil CNG and bio-based CNG.
			 For fuel that is a blend of fossil CNG and bio-based CNG, the generated credits
			 will be split between the persons eligible to generate credits under
			 subsections (a) and (b) to give each credits based on the actual amount of each
			 in the blend.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 253 - OREGON CLEAN FUELS PROGRAM › Section 340-253-0330 - Credit Generators: Providers of Electricity

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Applicability.
			 This rule applies to providers of electricity used as a transportation
			 fuel.
(2) For residential charging.
			 For electricity used to charge an electric vehicle at a residence, subsections
			 (a) and (b) determine the person who is eligible to generate credits.
(a) Electric Utility. In order to generate
			 credits for the following year, an electric utility must notify DEQ by October
			 1 of the current year whether it will generate credits or designate an
			 aggregator to act on its behalf. The utility or its aggregator must have an
			 active registration approved by DEQ under OAR 340-253-0500. Once a utility has
			 made a designation under this section that designation will remain in effect
			 unless the utility requests a change in writing to DEQ.
(b) Backstop and Incremental Aggregators. If
			 an electric utility does not register or designate an aggregator under
			 subsection (a), then backstop and incremental aggregators are eligible to claim
			 any credits that the utility could have generated for the following year, as
			 provided in sections (10) and (11), as applicable. The backstop aggregator may
			 claim any base credits and the incremental aggregator may claim any incremental
			 credits.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 253 - OREGON CLEAN FUELS PROGRAM › Section 340-253-0340 - Credit Generators: Providers of Hydrogen Fuel or a Hydrogen Blend

Current through Register Vol. 63, No. 7, July 1, 2024
(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 owner or fleet operator is the credit
			 generator eligible to generate credits. Only one entity may generate credits
			 from each piece of equipment. The fleet owner has precedence to generate
			 credits or designate an aggregator. (4) Responsibilities to generate credits.
			 Any person specified in section (2) or (3) may generate clean fuel credits by
			 complying with the registration, recordkeeping and reporting requirements under
			 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
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 253 - OREGON CLEAN FUELS PROGRAM › Section 340-253-0350 - Credit Generators: Alternative Jet Fuel

Current through Register Vol. 63, No. 7, July 1, 2024
(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
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 253 - OREGON CLEAN FUELS PROGRAM › Section 340-253-0400 - Carbon Intensities

Current through Register Vol. 63, No. 7, July 1, 2024
(1) OR-GREET.
			 Carbon intensities for fuels must be calculated using OR-GREET 3.0 or a model
			 approved by DEQ. If a party wishes to use a modified or different lifecycle
			 carbon intensity model, it must be approved by DEQ in advance of an application
			 under OAR 340-253-0450.
(2) DEQ
			 review of carbon intensities. Every three years, or sooner if DEQ determines
			 that new information becomes available that warrants an earlier review, DEQ
			 will review the carbon intensities used in the CFP and must consider, at a
			 minimum, changes to:
(a) The sources of crude
			 and associated factors that affect emissions such as flaring rates, extraction
			 technologies, capture of fugitive emissions, and energy sources;
(b) The sources of natural gas and associated
			 factors that affect emissions such as extraction technologies, capture of
			 fugitive emissions, and energy sources;
(c) Fuel economy standards and energy economy
			 ratios;
(d) GREET, OR-GREET,
			 CA-GREET, GTAP, AEZ-EF or OPGEE;
(e) Methods to calculate lifecycle greenhouse
			 gas emissions;
(f) Methods to
			 quantify indirect land use change; and
(g) Methods to quantify other indirect
			 effects.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 253 - OREGON CLEAN FUELS PROGRAM › Section 340-253-0450 - Obtaining a Carbon Intensity

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Fuel producers
			 can apply to obtain a carbon intensity by following the process to obtain a
			 carbon intensity under this rule.
(2) Applicants seeking approval to use a
			 carbon intensity that is currently approved by the CARB must provide:
(a) The application package submitted to
			 CARB;
(b) The CARB-approved Tier 1
			 or Tier 2 CA-GREET 3.0 calculator, and the OR-GREET 3.0 equivalent with the
			 fuel transportation and distribution cells modified for that fuel's pathway to
			 Oregon;
(c) The CARB review report
			 for the approved fuel pathway;
(d)
			 Any other supporting materials relating to the pathway, as requested by DEQ;
			 and
(e) If the applicant is seeking
			 to use a provisional pathway approved by CARB, then the applicant must submit
			 to DEQ the ongoing documentation it provides to CARB, and as required in
			 section (6). The applicant must provide DEQ within fourteen days:
(A) Any additional documentation it has
			 submitted to CARB; and
(B) A
			 notification of any changes to the status of its CARB-approved provisional
			 pathway.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 253 - OREGON CLEAN FUELS PROGRAM › Section 340-253-0460 - Energy Economy Ratio-Adjusted carbon intensity applications

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Energy Economy
			 Ratio-Adjusted CI Applications. Applications submitted under this rule are
			 modified Tier 2 pathway applications under OAR 340-253-0450.
(2) The following persons are eligible to
			 submit an application under this rule:
(a)
			 Vehicle owners or operators that would be eligible to generate credits for
			 their vehicles;
(b) Manufacturers
			 of vehicles that would be eligible to generate credits may make a joint
			 application with an owner or operator of their vehicles based in Oregon;
			 and
(c) A single, joint application
			 may be submitted on behalf of, and combining data from, any combination of
			 multiple vehicle owners, operators, and manufacturers.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 253 - OREGON CLEAN FUELS PROGRAM › Section 340-253-0470 - Determining the Carbon Intensity of Electricity

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Statewide
			 electricity mix. The carbon intensity for the statewide electricity mix will
			 reflect the average carbon intensity of electricity served in Oregon and be
			 calculated by using the carbon-intensity of electricity from the most recent
			 year as submitted to DEQ under OAR chapter 340, division 215. In calculating
			 the statewide mix DEQ will exclude the energy and emissions related to
			 utilities that have received utility-specific carbon intensity values under
			 section (3) of this rule for that year. No later than December 31 of each year,
			 except that DEQ may revise the 2021 value no later than June 15,, 2021, DEQ
			 will:
(a) Post the updated statewide
			 electricity mix carbon intensity for the next year on the DEQ
			 webpage;
(b) Post the updated
			 utility-specific carbon intensities for the next year on the DEQ webpage;
			 and
(c) Add the new fuel pathway
			 codes to the Oregon Fuels Reporting System effective for Q1 reporting for the
			 next year.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 253 - OREGON CLEAN FUELS PROGRAM › Section 340-253-0500 - Registration

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Registering as
			 a regulated party, credit generator, aggregator, or out-of-state producer
			 voluntarily registering under 340-253-0100(1)(c).
(a) To register as a regulated party, credit
			 generator, aggregator, or out-of-state producer voluntarily registering under
			 340-253-0100(1)(c), the following information must be included in a
			 registration application and approved by DEQ:
(A) Company identification, including
			 physical and mailing addresses, phone numbers, e-mail addresses, contact names,
			 and EPA RFS identification numbers;
(B) The status of the registrant as a
			 producer, importer of blendstocks, small importer of finished fuels, large
			 importer of finished fuels, credit generator, or aggregator;
(C) The category of each transportation fuel
			 that the company or organization will be producing, importing, or dispensing
			 for use in Oregon;
(D) A list of
			 all related entities for the registrant, and any registered parties that share
			 common ownership or control;
(E)
			 For registrants dispensing natural gas, propane, or hydrogen, the number of
			 dispensing facilities located in Oregon and their locations and the estimated
			 annual fuel throughput per location;
(F) For registrants charging electric
			 vehicles, the number of chargers located in Oregon and their locations and the
			 estimated annual discharge of electricity per location;
(G) For registrants that are also electric
			 utilities, whether they want to:
(i) Aggregate
			 the residential electric credits in their service territory under OAR
			 340-253-0330(2) or (3); or
(ii)
			 Designate an aggregator to act on their behalf under OAR 340-253-0330(2) or
			 (3); and
(iii) Obtain a
			 utility-specific carbon intensity under OAR 340-253-0400;
(H) Any other information requested by DEQ
			 related to registration.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 253 - OREGON CLEAN FUELS PROGRAM › Section 340-253-0600 - Records

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Records
			 Retention. Regulated parties, credit generators, and aggregators must retain
			 the following records for at least seven years:
(a) Product transfer documents as described
			 in section (2);
(b) Records related
			 to obtaining a carbon intensity described in OAR 340-253-0450;
(c) Copies of all data and reports submitted
			 to DEQ;
(d) Records related to each
			 fuel transaction;
(e) Records used
			 for compliance or credit calculations;
(f) Records used to establish that feedstocks
			 are specified source feedstocks; and
(g) Records related to third-party
			 verification, if required under OAR 340-253-0700.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 253 - OREGON CLEAN FUELS PROGRAM › Section 340-253-0620 - Oregon Fuels Reporting System

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Online
			 reporting. Regulated parties, credit generators, and aggregators must use the
			 Oregon Fuels Reporting System to submit all required reports, including
			 quarterly progress reports under OAR 340-253-0630  and annual compliance reports
			 under OAR 340-253-0650.
(2) Credit
			 transactions. Regulated parties, credit generators, and aggregators must use
			 the Oregon Fuels Reporting System to transfer credits.
(3) Establishing an account. After DEQ
			 approves a registration application, the regulated party, credit generator, or
			 aggregator must establish an account in the Oregon Fuels Reporting System and
			 must include the following information to register as a user in the Oregon
			 Fuels Reporting System:
(a) Business name,
			 address, state and county, date and place of incorporation, and FEIN;
(b) The name of the person who will be the
			 primary contact, and that person's business and mobile phone numbers, email
			 address, Oregon Fuels Reporting System username and password;
(c) Name and title of a person who will act
			 as the Administrator for the account;
(d) Optionally the name and title of one or
			 more persons who will be Contributors on the account;
(e) Optionally the name and title of one or
			 more persons who will be Reviewers on the account;
(f) Optionally the name and title of one or
			 more persons who will be Credit Facilitators on the account; and
(g) Any other information DEQ may require in
			 the Oregon Fuels Reporting System.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 253 - OREGON CLEAN FUELS PROGRAM › Section 340-253-0630 - Quarterly Reports

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Quarterly
			 reports. Except for persons exempt from this requirement under OAR
			 340-253-0100, regulated parties, credit generators, and aggregators must submit
			 a quarterly progress report using the Oregon Fuels Reporting System by:
(a) June 30 - for January through March of
			 each year;
(b) September 30 - for
			 April through June of each year;
(c) December 31 - for July through September
			 of each year; and
(d) March 31 -
			 for October through December of each previous year.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 253 - OREGON CLEAN FUELS PROGRAM › Section 340-253-0640 - Specific Requirements for Reporting

Current through Register Vol. 63, No. 7, July 1, 2024
(1) For natural gas
			 or biomethane (inclusive of CNG, LNG, and L-CNG), any registered party must
			 report the following as applicable:
(a) For
			 CNG and L-CNG, the amount of fuel in therms dispensed per reporting period for
			 all LDV and MDV, HDV-CIE, and HDV-SIE.
(b) For LNG, the amount of fuel dispensed in
			 gallons per compliance period for all LDV and MDV, HDV-CIE, and
			 HDV-SIE.
(c) For CNG, L-CNG, and
			 LNG, the carbon intensity as listed in 4 under OAR 340-253-8040.
(d) For biomethane-based CNG, LNG, and L-CNG,
			 the carbon intensity as approved under OAR 340-253-0450  and the EPA production
			 company identification number and facility identification number. Additionally,
			 the registered party must submit the following attestation at the time of
			 filing the annual report:
"I certify that to the extent that the gas used in the fuel
				pathway or supplied as transportation fuel is characterized as biomethane,
				__________ (registered party name) owns the exclusive rights to the
				corresponding environmental attributes. __________ (registered party name) has
				not sold, transferred, or retired those environmental attributes in any program
				or jurisdiction other than the federal RFS. Based on diligent inquiry and
				review of contracts and attestations from our business partners, I certify
				under penalty of perjury under the laws of the State of Oregon that no other
				party has or will sell, transfer, or retire the environmental attributes
				corresponding to the biomethane for which _______ (registered party name)
				claims credit in the CFP program."
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 253 - OREGON CLEAN FUELS PROGRAM › Section 340-253-0650 - Annual Compliance Reports

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Annual
			 compliance reports.
(a) Except as provided in
			 subsection (b), regulated parties, credit generators, and aggregators must use
			 the Oregon Fuels Reporting System to submit an annual compliance report to DEQ
			 not later than April 30 for the compliance period ending on December 31 of the
			 previous year.
(b) Small importers
			 of finished fuels may submit a supplemental annual report using the Oregon
			 Fuels Reporting System, not later than April 30 for the compliance period
			 ending on December 31 of the previous year.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 253 - OREGON CLEAN FUELS PROGRAM › Section 340-253-0670 - Authority to Suspend, Revoke, or Modify

Current through Register Vol. 63, No. 7, July 1, 2024
(1) If DEQ
			 determines that any basis for invalidation set forth in section (2) below has
			 occurred, in addition to taking any other authorized enforcement action, DEQ
			 may take any of the actions described in subsections (a) through (d). For the
			 purposes of this section an approved carbon intensity refers both to carbon
			 intensities approved by DEQ under OAR 340-253-0450  and under OAR
			 340-253-0400(4).
(a) Suspend, restrict,
			 modify, or revoke an account in the Oregon Fuels Reporting System, or take one
			 combination of two or more such actions;
(b) Modify or delete an approved carbon
			 intensity;
(c) Restrict, suspend,
			 or invalidate credits; and
(d)
			 Recalculate the deficits in a regulated party's Oregon Fuels Reporting System
			 account.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 253 - OREGON CLEAN FUELS PROGRAM › Section 340-253-0680 - Separate Violations

Current through Register Vol. 63, No. 7, July 1, 2024
(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
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 253 - OREGON CLEAN FUELS PROGRAM › Section 340-253-0700 - Third Party Verification Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
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
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 253 - OREGON CLEAN FUELS PROGRAM › Section 340-253-1000 - Credit and Deficit Basics

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Carbon
			 intensities.
(a) Except as provided in
			 subsections (b),(c), or (d), when calculating carbon intensities, regulated
			 parties, credit generators, and aggregators must use a carbon intensity
			 approved by DEQ under OAR 340-253-0450.
(b) If a regulated party, credit generator,
			 or aggregator has an approved provisional carbon intensity approved under OAR
			 340-253-0450, the regulated party, credit generator, or aggregator must use the
			 DEQ-approved provisional carbon intensity.
(c) If a regulated party, credit generator,
			 or aggregator has an approved temporary carbon intensity under OAR
			 340-253-0450, the regulated party, credit generator, or aggregator must use the
			 temporary carbon intensity for the period which it has been approved, unless
			 DEQ has subsequently approved a permanent carbon intensity for that
			 fuel.
(d) If a registered party
			 purchases a blended finished fuel and the seller does not provide carbon
			 intensity information, then the registered party must:
(A) Use the applicable substitute fuel
			 pathway code in Table 8 under OAR 340-253-8010  or otherwise approved and posted
			 by DEQ under OAR 340-253-0450(11)  if the fuel is exported, not used for
			 transportation, or used in an exempt fuel use; and
(B) Report the volume using the applicable
			 Table 8 fuel pathway code, or a fuel pathway code otherwise approved and posted
			 by DEQ under OAR 340-253-0450(11), for the fossil fuel and the applicable
			 substitute fuel pathway code for the biofuel or biofuels if the finished fuel
			 blend is not listed.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 253 - OREGON CLEAN FUELS PROGRAM › Section 340-253-1005 - Transacting Credits

Current through Register Vol. 63, No. 7, July 1, 2024
(1) General.
(a) Credits are a regulatory instrument and
			 do not constitute personal property, instruments, securities or any other form
			 of property.
(b) Regulated parties,
			 credit generators, and aggregators may:
(A)
			 Retain credits without expiration within the CFP in compliance with this
			 division; and
(B) Acquire or
			 transfer credits from or to other regulated parties, credit generators, and
			 aggregators that are registered under OAR 340-253-0500.
(c) Regulated parties, credit generators, and
			 aggregators may not:
(A) Use credits that have
			 not been generated in compliance with this division; or
(B) Borrow or use anticipated credits from
			 future projected or planned carbon intensity reductions.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 253 - OREGON CLEAN FUELS PROGRAM › Section 340-253-1010 - Fuels to Include in Credit and Deficit Calculation

Current through Register Vol. 63, No. 7, July 1, 2024
(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.