Loading
The Oregon Administrative Rules contain OARs filed through December 15, 2015
 
QUESTIONS ABOUT THE CONTENT OR MEANING OF THIS AGENCY'S RULES?
CLICK HERE TO ACCESS RULES COORDINATOR CONTACT INFORMATION

 

DEPARTMENT OF ENVIRONMENTAL QUALITY

 

DIVISION 215

GREENHOUSE GAS REPORTING REQUIREMENTS

340-215-0010

Purpose and Scope

(1) This division establishes requirements and procedures for annually registering and reporting greenhouse gas emissions to DEQ.

(2) Subject to the requirements in this division and OAR 340-200-0010(3), the EQC designates LRAPA to implement the rules in this division within its area of jurisdiction.

Stat. Auth.: RS 468.020, 468A.050 & 468A.280
Stats. Implemented: ORS 468 & 468A
Hist.: DEQ 13-2008, f. & cert. ef. 10-31-08; DEQ 12-2010, f. & cert. ef. 10-27-10; DEQ 11-2011, f. & cert. ef. 7-21-11; DEQ 12-2015, f. & cert. ef. 12-10-15

340-215-0020

Definitions

The definitions in OAR 340-200-0020 and this rule apply to this division. If the same term is defined in this rule and OAR 340-200-0020, the definition in this rule applies to this division.

(1) “Biomass” means non-fossilized and biodegradable organic material originating from plants, animals, and micro-organisms, including products, byproducts, residues and waste from agriculture, forestry, and related industries, as well as the non-fossilized and biodegradable organic fractions of industrial and municipal wastes, including gases and liquids recovered from the decomposition of non-fossilized and biodegradable organic matter.

(2) “C.F.R.” means Code of Federal Regulations and, unless otherwise expressly identified, refers to the July 1, 2015 edition.

(3) “Consumer-owned utility” means a people’s utility district organized under ORS Chapter 261, a municipal utility organized under ORS Chapter 225 or an electric cooperative organized under ORS Chapter 62.

(4) “Direct emissions” means emissions from an air contamination source, including but not limited to fuel combustion activities, process related emissions, and fugitive emissions.

(5) “Electricity service supplier” has the meaning given that term in ORS 757.600.

(6) “Fluorinated greenhouse gas” or “fluorinated GHG” means:

(a) Sulfur hexafluoride (SF6), nitrogen trifluoride (NF3), and,

(b) Any fluorocarbon, except for:

(A) Controlled substances as defined at 40 C.F.R. part 82, subpart A and,

(B) Substances with vapor pressures of less than 1 mm of Hg absolute at 25 degrees C, including without limitation any hydrofluorocarbon, any perfluorocarbon, any fully fluorinated linear, branched or cyclic alkane, ether, tertiary amine or aminoether, any perfluoropolyether, and any hydrofluoropolyether.

(c) However, “fluorinated greenhouse gas” or “fluorinated GHG” does not include: fully fluorinated GHGs; saturated hydrofluorocarbons with 2 or fewer carbon-hydrogen bonds; saturated hydrofluorocarbons with 3 or more carbon-hydrogen bonds; saturated hydrofluoroethers and hydrochlorofluoroethers with 1 carbon-hydrogen bond; saturated hydrofluoroethers and hydrochlorofluoroethers with 2 carbon-hydrogen bonds; saturated hydrofluoroethers and hydrochlorofluoroethers with 3 or more carbon-hydrogen bonds; fluorinated formates; fluorinated acetates, carbonofluoridates, and fluorinated alcohols other than fluorotelomer alcohols; unsaturated PFCs, unsaturated HFCs, unsaturated HCFCs, unsaturated halogenated ethers, unsaturated halogenated esters, fluorinated aldehydes, and fluorinated ketones; fluorotelomer alcohols; or fluorinated GHGs with carbon-iodine bonds.

(7) “Greenhouse gas or GHG” means carbon dioxide (CO2), methane (CH4), nitrous oxide (N20) and fluorinated greenhouse gases as defined in this section.

(8) “Hydrofluorocarbons” (HFCs) means gaseous chemical compounds containing only hydrogen, carbon and fluorine atoms.

(9) To “Import” means owning electricity or fuel from locations outside of Oregon at the time electricity is brought into this state through transmission equipment or at the time fuel is brought into this state by any means of transport, other than fuel brought into this state in the fuel tank of a vehicle used to propel the vehicle.

(10) “Investor-owned utility” means a utility that sells electricity and that a corporation with shareholders operates.

(11) “Metric ton, tonne, or metric tonne” means one metric tonne (1000 kilograms) or 2204.62 pounds.

(12) “Perfluorocarbons” (PFCs) means gaseous chemical compounds containing only carbon and fluorine atoms.

(13) “Year” means calendar year.

Stat. Auth.: ORS 468A.050 & 468A.280
Stats. Implemented: ORS 468 & 468A
Hist.: DEQ 13-2008, f. & cert. ef. 10-31-08; DEQ 12-2010, f. & cert. ef. 10-27-10; DEQ 11-2011, f. & cert. ef. 7-21-11; DEQ 12-2015, f. & cert. ef. 12-10-15

340-215-0030

Applicability

(1) The greenhouse gases defined in OAR 340-215-0020 are subject to OAR 340-215-0030 through 340-215-0060.

(2) Air contamination sources. Any owner or operator of a source listed in subsections (a) through (c) must register and report greenhouse gases directly emitted during the previous year, if the source’s direct emissions of carbon dioxide equivalent of greenhouse gases meet or exceed 2,500 metric tons during the previous year. Once a source’s direct emissions of carbon dioxide equivalent of greenhouse gases meet or exceed 2,500 metric tons during a year, the owner or operator must annually register and report in each subsequent year, regardless of the amount of the source’s direct emissions of greenhouse gases in future years, except as provided in sections (7) and (8).

(a) Any source required to obtain a Title V Operating Permit, including those issued under OAR chapter 340, division 218.

(b) Any source required to obtain an Air Contaminant Discharge Permit, including those issued under OAR chapter 340, division 216.

(c) The following sources not otherwise listed in subsection (a) or (b):

(A) Solid waste disposal facilities required to obtain a permit issued under OAR chapter 340, divisions 93 through 96, excluding facilities that did not accept waste during the previous year and that 40 CFR part 98 does not require the facility to report greenhouse gas emissions to the EPA.

(B) Wastewater treatment facilities required to obtain an individual National Pollutant Discharge Elimination System permit issued under OAR chapter 340, division 45.

(3) Gasoline, diesel and aircraft fuel dealers. Any person listed in this section that imports, sells or distributes gasoline, diesel or aircraft fuel for use in the state must register and report as OAR 340-215-0040(2) requires:

(a) Any dealer, as that term is defined in ORS 319.010, that is subject to the Oregon Motor Vehicle and Aircraft Fuel Dealer License Tax under OAR chapter 735, division 170;

(b) Any seller, as that term is defined in ORS 319.520, that is subject to the Oregon Use Fuel Tax under OAR chapter 735, division 176; and

(c) Any person that imports, sells or distributes at least 5,500 gallons of gasoline, diesel or aircraft fuel during a year for use in the state and that is not subject to the Oregon Motor Vehicle and Aircraft Fuel Dealer License Tax or the Oregon Use Fuel Tax under OAR chapter 735, divisions 170 and 176.

(d) Persons listed in sections OAR 340-215-0030(3)(b) and (c) are not required to register and report gasoline, diesel or aircraft fuel reported under this division by dealers described in OAR 340-215-0030(3)(a).

(4) Natural gas suppliers. Any person that imports, sells or distributes natural gas to end users in the state must register and report in accordance with OAR 340-215-0040(3).

(5) Propane importers.

(a) Any person that imports, sells or distributes propane for use in the state must register and report in accordance with OAR 340-215-0040(4).

(b) Persons that import propane for use in the state are not subject to subsection (5)(a) if:

(A) All imports are brought into the state by delivery trucks with a maximum capacity of 3,500 gallons of propane or less; or

(B) All imports consist of propane in canisters of 5 gallons or less.

(6) Electricity suppliers. All investor-owned utilities, electricity service suppliers, consumer-owned utilities, and other persons that import, sell, allocate or distribute electricity to end users in the state must register and report as OAR 340-215-0040(5) through (6) require.

(7) General deferrals and exemptions. DEQ may defer or exempt specific processes or categories of sources, or specific types of greenhouse gas emissions, from this division’s requirements if DEQ determines that adequate protocols are not available or that other extenuating circumstances make reporting unfeasible.

(8) Exemptions for air contamination sources.

(a) An owner or operator is no longer subject to section (2) if the owner or operator retains records under subsection (8)(b), and:

(A) The source’s direct emissions are less than 2,500 metric tons of carbon dioxide equivalent of greenhouse gases per year for three consecutive years; or

(B) The source ceases all operations that lead to direct emissions of greenhouse gases throughout the entire year, such as if the source closes permanently prior to the beginning of the year. This paragraph does not apply to seasonal or other temporary cessation of operations, and does not apply to solid waste disposal facilities that 40 CFR part 98 requires to report greenhouse gas emissions to the EPA.

(b) An owner or operator that, under paragraph (8)(a)(A) is no longer subject to section (2), must retain, for five years following the last year that they were subject to section (2), all production information, fuel use records, emission calculations and other records used to document direct greenhouse gas emissions for each of the three consecutive years that the source does not meet or exceed the emission threshold.

(c) Notwithstanding subsections (8)(a) and (8)(b), section (2) becomes applicable to the owner or operator again if annual direct emissions equal or exceed 2,500 metric tons of carbon dioxide equivalent of greenhouse gases in any future year.

[ED. NOTE: Tables referenced are not included in rule text. Click here for PDF copy of table(s).]

Stat. Auth.: ORS 468A.050 & 468A.280
Stats. Implemented: ORS 468 & 468A
Hist.: DEQ 13-2008, f. & cert. ef. 10-31-08; DEQ 12-2010, f. & cert. ef. 10-27-10; DEQ 11-2011, f. & cert. ef. 7-21-11; DEQ 12-2015, f. & cert. ef. 12-10-15

340-215-0040

Greenhouse Gas Registration and Reporting Requirements

(1) Air contamination sources. Any owner or operator required to register and report under OAR 340-215-0030(2) must:

(a) Report direct emissions of greenhouse gases from stationary fuel combustion during the previous year as follows, excluding emissions from categorically insignificant activities as defined in OAR 340-200-0020:

(A) Report fuel type and quantity used for stationary fuel combustion during the previous year; or

(B) Report greenhouse gas emissions from stationary fuel combustion utilizing emission quantification methodology prescribed in 40 C.F.R. part 98 subpart C tier 4; or

(C) Facilities required to monitor and report to EPA CO2 mass emissions year-round according to 40 C.F.R. part 75 may report greenhouse gas emissions utilizing emission quantification methodology prescribed in 40 CFR part 98 subpart D.

(b) Report direct emissions of greenhouse gases from industrial processes during the previous year utilizing EPA emission quantification methodologies as prescribed in 40 C.F.R. part 98 subparts E through UU, excluding emissions from categorically insignificant activities as defined in OAR 340-200-0020;

(c) Report emissions of CO2 that originate from biomass separately from other greenhouse gas emissions; and

(d) Submit an annual greenhouse gas emissions registration and report to DEQ under section (7) by the due date for the annual report for non-greenhouse gas emissions specified in the source’s Title V Operating Permit or Air Contaminant Discharge Permit, or by March 31 of each year, whichever is later.

(2) Gasoline, diesel and aircraft fuel dealers. Any person required to register and report under OAR 340-215-0030(3) must:

(a) Report the fuel type and quantity of gasoline, diesel or aircraft fuel imported, sold or distributed for use in this state during the previous year as follows:

(A) Report individual fuel type as defined in 40 C.F.R. part 98 subpart MM for suppliers of petroleum products, including the type of gasoline, diesel or aircraft fuel in each renewable fuel mixture and the ethanol or biodiesel content as a percent of that mixture; and

(B) Report net fuel quantities by fuel type.

(b) Submit annual reports to DEQ by March 31 of each year, as follows:

(A) An annual greenhouse gas emissions registration and report pursuant to section (7); or

(B) Copies of the person’s fuel tax reports filed with the Oregon Department of Transportation under OAR chapter 735, divisions 170 and 176 for fuel imported, sold or distributed during the previous year. DEQ may require the person to submit additional information if the reports submitted to the Oregon Department of Transportation are not sufficient to determine greenhouse gas emissions and related information that this division requires.

(3) Natural gas suppliers. Any person subject to OAR 340-215-0030(4) must submit an annual greenhouse gas emissions registration and report including the type and quantity of the natural gas imported, sold or distributed for use in the state during the previous year to DEQ under section (7) by March 31 of each year.

(4) Propane wholesalers. Any person subject to OAR 340-215-0030(5) must submit an annual greenhouse gas emissions registration and report including type and quantity of propane imported, sold or distributed for use in the state during the previous year to DEQ under section (7) by March 31 of each year.

(5) All investor-owned utilities, electricity service suppliers and other electricity suppliers (except consumer-owned utilities) required to register and report under OAR 340-215-0030(6) must:

(a) Report greenhouse gas emissions from the generation of the electricity that was imported, sold, allocated or distributed to end users in this state during the previous year, regardless of whether the electricity was generated in this state or imported, as follows:

(A) For electricity generated by a facility owned or operated by the investor-owned utility, electricity service supplier or other electricity supplier, report the number of megawatt-hours of electricity distributed to end users in the state during the previous year, the generating facility’s fuel type or types and a facility specific emission factor expressed as metric tons carbon dioxide equivalent per megawatt-hour of generation. For electricity not measured at the busbar of the generating facility a 2% transmission loss correction factor must be used when determining emission factors;

(B) Report the total sulfur hexafluoride (SF6) emissions from all transmission and distribution equipment owned or operated by the person reporting utilizing the quantification methods in 40 C.F.R. part 98 subpart DD multiplied by the ratio of the amount of electricity the utility supplied to end users in the state compared to the total electricity the utility supplied within its jurisdiction;

(C) For purchased electricity, report the number of megawatt-hours of electricity purchased and distributed to end users in the state during the previous year, including, if known, identifying information on the seller of the electricity, the generating facility fuel type or types and a facility specific emission factor expressed as metric tons of carbon dioxide equivalent per megawatt-hour of generation. For electricity not measured at the busbar of the generating facility a 2% transmission loss correction factor must be used when determining emission factors;

(D) Report the number of megawatt-hours of electricity purchased for which a renewable energy certificate under ORS 469A.130 has been issued but subsequently transferred or sold to a person other than the person reporting; and

(E) A multijurisdictional entity reporting under this section may rely upon a cost allocation methodology approved by the Public Utility Commission for reporting emissions allocated in this state.

(b) Submit an annual greenhouse gas emissions registration and report to DEQ under section (7) by June 1 of each year.

(6) Consumer-owned utilities. All consumer-owned utilities required to register and report under OAR 340-215-0030(6) must:

(a) Report greenhouse gas emissions from the generation of the electricity that was imported, sold, allocated or distributed to end users in this state during the previous year, regardless of whether the electricity was generated in this state or imported, as follows:

(A) For electricity purchased from the Bonneville Power Administration, report the number of megawatt-hours of electricity purchased by the utility from the Bonneville Power Administration, segregated by the types of contracts the utility entered into with the Bonneville Power Administration, and, if known, the percentage of each fuel or energy type used to produce electricity purchased under each type of contract;

(B) For electricity generated by a facility owned or operated by the consumer-owned utility, report the number of megawatt-hours of electricity distributed to end users in the state during the previous year, the generating facility fuel type or types and a facility specific emission factor expressed as metric tons of carbon dioxide equivalent per megawatt-hour of generation. For electricity not measured at the busbar of the generating facility a 2% transmission loss correction factor must be used when determining emission factors; and

(C) For electricity the consumer-owned utility purchased from an entity other than the Bonneville Power Administration, report the number of megawatt-hours of electricity purchased and distributed to end users in the state during the previous year including information, if known, on the seller of the electricity to the consumer-owned utility, the original generating facility fuel type or types and a facility specific emission factor expressed as metric tons of carbon dioxide equivalent per megawatt-hour of generation.

(b) Submit an annual greenhouse gas emissions registration and report to DEQ under section (7) by June 1 of each year. A third party may submit the registration and report on behalf of a consumer-owned utility, and the report may include information for more than one consumer-owned utility, provided that the report contains all information required for each individual consumer-owned utility.

(7) Except as provided in section (8), the reporter must submit registration and reports on paper or electronic forms (or both) issued by DEQ, and include the following information:

(a) Source information such as source name, address, contact person, phone number, and permit number, if applicable;

(b) Information as required by OAR 340-215-0040(1) through (6), including but not limited to fuel volume and type, estimated annual emissions, activity data, emission factors, conversion factors, and the calculation methods used to determine emissions; and

(c) A signed statement certifying that the report is accurate to the best of the certifying individual’s knowledge.

(8) Any person required to report greenhouse gases emitted during a year to the EPA under 40 C.F.R. part 98 may submit a copy of that report to DEQ instead of the registration and report required in section (7) for greenhouse gases emitted during the same year. DEQ may require the submission of additional information if the copy of the report submitted to the EPA is not sufficient to determine greenhouse gas emissions and related information. The purpose of this section is to eliminate duplicative reporting where possible, but to retain DEQ’s authority to require reporting information this division requires that was not submitted in the EPA report.

(9) Any person required to report under this division must retain all production information, fuel use records, and emission calculations used to prepare the greenhouse gas annual report. These records and greenhouse gas annual reports must be retained for a minimum of 5 years.

[ED. NOTE: Tables referenced are not included in rule text. Click here for PDF copy of table(s).]

Stat. Auth.: ORS 468A.050
Stats. Implemented: ORS 468 & 468A
Hist.: DEQ 13-2008, f. & cert. ef. 10-31-08; DEQ 12-2010, f. & cert. ef. 10-27-10; DEQ 11-2011, f. & cert. ef. 7-21-11; DEQ 12-2015, f. & cert. ef. 12-10-15

340-215-0060

Greenhouse Gas Reporting Fees

(1) Any person required to register and report under OAR 340-215-0030(2)(a) must submit greenhouse gas reporting fees to DEQ as specified in OAR 340-220-0050(3) and 340-220-0110(6).

(2) Any person required to register and report under OAR 340-215-0030(2)(b) must submit greenhouse gas reporting fees to DEQ as specified in OAR 340-216-8020 part 2.

Stat. Auth.: ORS 468.020 & 468A.050
Stats. Implemented: ORS 468 & 468A
Hist.: DEQ 12-2010, f. & cert. ef. 10-27-10; DEQ 5-2011, f. 4-29-11, cert. ef. 5-1-11; DEQ 11-2011, f. & cert. ef. 7-21-11; DEQ 14-2011, f, & cert. ef. 7-21-11; DEQ 5-2012, f. & cert. ef. 7-2-12; DEQ 12-2015, f. & cert. ef. 12-10-15

The official copy of an Oregon Administrative Rule is contained in the Administrative Order filed at the Archives Division, 800 Summer St. NE, Salem, Oregon 97310. Any discrepancies with the published version are satisfied in favor of the Administrative Order. The Oregon Administrative Rules and the Oregon Bulletin are copyrighted by the Oregon Secretary of State. Terms and Conditions of Use