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The Oregon Administrative Rules contain OARs filed through September 15, 2014
 
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DEPARTMENT OF ENVIRONMENTAL QUALITY

 

DIVISION 253

OREGON CLEAN FUELS PROGRAM

340-253-0000

Overview

(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, among other findings. 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 average amount of lifecycle greenhouse gas emissions per unit of fuel energy used in Oregon by a minimum of 10 percent below 2010 levels over a 10-year period.

(3) Authority. The 2009 Oregon Legislature adopted House Bill 2186, which was enacted as chapter 754 of Oregon Laws 2009, and 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 (2011 Edition). OAR chapter 340 division 253 implements section 6.

(4) Flexible Implementation Approach. This division requires regulated parties, and those parties that choose voluntarily to opt–in to the program, to register, keep records, report the carbon intensity of the fuel they produce or import for use in Oregon, and calculate surpluses and shortfalls against the baseline carbon intensity values. These values are based on the mix of regulated and opt-in fuels that were supplied in Oregon in 2010. While reporting of net carbon balance is required, regulated and opt-in parties are not required to balance surpluses and shortfalls at this time. This flexible implementation approach is designed to put in place only the administrative procedures necessary to implement the program. This approach is intended to minimize the initial costs to regulated parties by not requiring compliance with declining carbon intensity standards. DEQ will utilize the reports and other information to assess, at a minimum, the following factors to make a recommendation to the EQC about the next phase of the program:

(a) The cost and administrative burden of compliance for regulated and opt-in parties;

(b) The benefits of the program to Oregon’s economy and environment;

(c) The current and projected availability of lower carbon fuels,

(d) The methodologies to provide exemptions and deferrals necessary to mitigate the cost of complying with the program, in accordance with Section 6(2)(d) of chapter 754, Oregon Laws 2009;

(e) The progress and adoption rates of cleaner fuels and vehicle technologies;

(f) The appropriate methods, based on the latest science, to establish baseline carbon intensity values and declining carbon intensity standards, including methodologies to incorporate land use change and other indirect effects;

(g) The latest information on the policies and legal issues regarding low carbon fuel standards;

(h) The status of federal and other state programs that address the carbon content of transportation fuel;

(i) The costs and administrative capacity of DEQ to implement the program; and

(j) The likely impact on all of the above elements, if declining average carbon intensity standards are implemented in the future.

(5) Construction. This division uses the following construction:

(a) OAR 340-253-#### followed by a bolded title is the number and title of the rule where:

(A) OAR is the acronym for Oregon Administrative Rules;

(B) 340 is the chapter number;

(C) 253 is the division number; and

(D) #### is the unique rule number.

(b) The subunits of a rule are within parenthesis in the following order:

(A) Section. The section is a Hindu-Arabic numeral expressed in sequence as (1), (2), (3) and so forth. Each section has a bold title;

(B) Subsection. The subsection is a lowercase English alphabet character expressed in sequence as (a), (b), (c) and so forth;

(C) Paragraph. The paragraph is an uppercase English alphabet character expressed in sequence as (A), (B), (C) and so forth; and

(D) Subparagraph. The subparagraph is a lowercase Roman numeral expressed in sequence as (i), (ii), (iii) and so forth.

(c) A reference prefaced with the word section, subsection, paragraph or subparagraph is a reference to a subunit within the same rule; and

(d) A reference prefaced with OAR 340-253 is a reference to another rule under the Oregon standards.

(6) LRAPA. Notwithstanding 340-200-0010(3), the DEQ administers this division in all areas of the State of Oregon.

Stat. Auth.: ORS 468.020 Sec. 6, ch. 754, OL 2009, (2011 Edition)
Stats. Implemented: Sec. 6, ch. 754, OL 2009, (2011 Edition)
Hist.: DEQ 8-2012, f. & cert. ef. 12-11-12

340-253-0040

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 340-200-0020, the definition in this rule applies to this division.

(1) “Baseline carbon intensity value” is 90.38 gCO2e per MJ for gasoline and gasoline substitutes and 90.00 gCO2e per MJ for diesel fuel and diesel substitutes. These values are based on the mix of regulated and opt-in fuels supplied for use as a transportation fuel in Oregon in 2010.

(2) “Biodiesel” has the same meaning as defined under OAR 603-027-0410.

(3) “Biogas” means natural gas that meets the purity requirements under OAR 860-023-0025 and is produced from the breakdown of organic material in the absence of oxygen. Biogas production processes include, but are not limited to, anaerobic digestion, anaerobic decomposition and thermo-chemical decomposition:

(a) Applied to biodegradable biomass materials, such as manure, sewage, municipal solid waste, and waste from energy crops; and

(b) Used to produce landfill gas and digester gas.

(4) “Biogas compressed natural gas” means compressed natural gas consisting solely of compressed biogas.

(5) “Biogas liquefied natural gas” means liquefied natural gas consisting solely of liquefied biogas.

(6) “Biomass" has the same meaning as defined under OAR 603-027-0410.

(7) “Biomass-Based diesel” or “Renewable diesel” has the same meaning as defined under OAR 603-027-0410.

(8) “Blendstock” means a component blended with one or more other components to produce a finished fuel used in a motor vehicle.

(9) “Carbon intensity” means the amount of lifecycle greenhouse gas emissions per unit of energy of fuel expressed in grams of carbon dioxide equivalent per megajoule (gCO2e per MJ).

(10) “Compressed natural gas” means either biogas or fossil natural gas that meets the standards listed under OAR 860-023-0025 compressed to a pressure greater than ambient pressure.

(11) “Diesel fuel” has the same meaning as defined under OAR 603-027-0410.

(12) “Diesel substitute” means any fuel, other than diesel fuel, that may be used in light-duty or heavy-duty vehicles, and off-road vehicles that typically use diesel as a fuel. Diesel substitutes include but are not limited to liquefied natural gas used in a heavy duty motor vehicle and biodiesel used in a heavy duty motor vehicle.

(13) “Electricity bundled services supplier” means any person or entity that provides charging infrastructure and provides access to vehicles charging under contract with a charging service recipient or charging equipment owner.

(14) “Electric utility” has the same meaning as defined in ORS 757.600.

(15) “Ethanol,” or “Denatured fuel ethanol” has the same meaning as defined under OAR 603-027-0410.

(16) “Feedstock” means the material a fuel is made from.

(17) “Finished fuel” means a transportation fuel used directly in a motor vehicle without additional chemical or physical processing.

(18) “Finished hydrogen fuel” means a finished fuel that consists of:

(a) Hydrogen; or

(b) A blend of hydrogen and another fuel.

(19) “Fossil compressed natural gas” means compressed natural gas derived solely from petroleum or fossil sources such as oil fields and coal beds.

(20) “Fossil liquefied natural gas” means liquefied natural gas derived solely from petroleum or fossil sources such as oil fields and coal beds.

(21) “Fuel type” or “Fuel pathway” means any unique fuel feedstock and production process combination.

(22) “Gasoline” has the same meaning as defined under OAR 603-027-0410.

(23) “Gasoline substitute” means any fuel, other than gasoline, that may be used in light-duty vehicles that typically use gasoline as a fuel. Gasoline substitutes include but are not limited to electricity used in a light-duty motor vehicle and natural gas used in a light-duty motor vehicle.

(24) “Heavy duty motor vehicle” has the same meaning as defined under OAR 340-256-0010.

(25) “Import” means to bring a blendstock or a finished fuel from outside Oregon into Oregon.

(26) “Importer” means the person who imports a blendstock or a finished fuel from outside Oregon into Oregon:

(a) With respect to any imported liquid fuel, it means the person who owns the fuel in the stationary storage tank into which the fuel was first transferred after it was imported into Oregon; or

(b) With respect to any biogas, it means the person who owns the imported biogas upon receipt at a pipeline in Oregon through which the biogas is delivered in Oregon.

(27) “Light-duty motor vehicle” has the same meaning as defined under OAR 340-256-0010.

(28) “Lifecycle greenhouse gas emissions” means the:

(a) Aggregate quantity of greenhouse gas emissions including direct and significant indirect emissions, such as significant emissions from changes in land use associated with the fuels;

(b) Full fuel lifecycle including all stages of fuel production, from feedstock generation or extraction, production, distribution, and combustion of the finished fuel by the consumer; and

(c) Mass values for all greenhouse gases as adjusted to account for their relative global warming potential.

(29) “Liquefied natural gas” means biogas or fossil natural gas converted to liquid form.

(30) “Liquefied petroleum gas” or “propane” has the same meaning as defined under OAR 603-027-0395.

(31) “Motor vehicles” has the same meaning as defined under OAR 603-027-0410.

(32) “Natural gas” means a mixture of gaseous hydrocarbons and other compounds from either fossil or biogas sources, with at least 80 percent methane by volume, and typically sold or distributed by utilities such as any utility company regulated by the Oregon Public Utility Commission.

(33) “Opt-in party” means a person who is not a regulated party and who elects to register with DEQ under OAR 340-253-0100(4).

(34) “Oregon producer” means:

(a) With respect to any liquid fuel, the person who makes the liquid blendstock or finished fuel at the Oregon production facility; or

(b) With respect to any biogas produced in Oregon, the person who refines the biogas to pipeline quality.

(35) “Oregon production facility” means a facility located in Oregon that:

(a) Produces any liquid blendstock or finished fuel other than liquefied natural gas; or

(b) Converts, compresses, liquefies, refines, treats or otherwise processes natural gas into compressed natural gas or liquefied natural gas that is ready for use as a transportation fuel in a motor vehicle without further physical or chemical processing.

(36) “OR-GREET” means the Greenhouse gases, Regulated Emissions, and Energy in Transportation (GREET) Argonne National Laboratory model modified and maintained for Oregon. Copies of OR-GREET are available from DEQ upon request.

(37) “Physical pathway” means the way a fuel is transported from the fuel producer to Oregon, including any combination of truck routes, rail lines, pipelines, marine vessels and any other transportation method.

(38) “Private access fueling facility” means an Oregon fueling facility that restricts access by use of a card or key-activated fuel dispensing device to dispensing fuel to nonretail customers.

(39) “Product transfer document” means an invoice, bill of lading, purchase contract, or any other proof of fuel ownership transfer.

(40) “Public access fueling facility” means an Oregon fueling facility that is not a private access fueling facility.

(41) “Regulated party” means a person identified as a regulated party under OAR 340-253-0310 through 340-253-0340. Regulated parties must comply with the requirements under OAR 340-253-0100.

(42) “Shortfall(s)” means a state in which the carbon intensity of a fuel is higher than the baseline carbon intensity value for gasoline and gasoline substitutes or diesel fuel and diesel substitutes. Shortfalls are expressed in units of metric tons of carbon dioxide equivalent (CO2e) and are calculated under OAR 340-253-1020.

(43) “Small Oregon importer” means any person who imports 250,000 gallons or less of fuel in a given calendar year into Oregon.

(44) “Surplus(es)” means a state in which the carbon intensity of a fuel is lower than the baseline carbon intensity value for gasoline or diesel fuel and their substitutes. Surpluses are expressed in units of metric tons of carbon dioxide equivalent (CO2e) and are calculated under OAR 340-253-1020.

(45) “Transportation fuel” means any fuel used or intended for use in motor vehicles as defined under OAR 603-027-0410.

Stat. Auth.: ORS 468.020 Sec. 6, ch. 754, OL 2009, (2011 Edition)
Stats. Implemented: Sec. 6, ch. 754, OL 2009, (2011 Edition).
Hist.: DEQ 8-2012, f. & cert. ef. 12-11-12; DEQ 15-2013(Temp), f. 12-20-13, cert. ef. 1-1-14 thru 6-30-14; DEQ 8-2014, f. & cert. ef. 6-26-14

340-253-0060

Acronyms

The following acronyms apply to this division:

(1) “ASTM” means ASTM International (formerly American Society for Testing and Materials).

(2) “BTU” means British thermal unit.

(3) “DEQ” means Oregon Department of Environmental Quality.

(4) “EQC” means Oregon Environmental Quality Commission.

(5) “FEIN” means federal employer identification number.

(6) “gCO2e” means grams of carbon dioxide equivalent.

(7) “gge” means gasoline gallon equivalents.

(8) “MJ” means megajoule.

Stat. Auth.: ORS 468.020 Sec. 6, ch. 754, OL 2009, (2011 Edition)
Stats. Implemented: Sec. 6, ch. 754, OL 2009, (2011 Edition).
Hist.: DEQ 8-2012, f. & cert. ef. 12-11-12; DEQ 15-2013(Temp), f. 12-20-13, cert. ef. 1-1-14 thru 6-30-14; DEQ 8-2014, f. & cert. ef. 6-26-14

340-253-0100

Oregon Clean Fuels Program

(1) Applicability.

(a) All regulated parties under section (3) that import or produce in Oregon any regulated fuel, as defined under OAR 340-253-0200, are subject to this rule.

(b) Any person may become an opt-in party by registering with DEQ under section (4) of this rule. All opt-in parties under section (3) that import or produce in Oregon any opt-in fuel, as defined under OAR 340-253-0200, are subject to this rule.

(2) Requirements. Beginning January 1, 2013:

(a) Regulated and opt-in parties, except for small Oregon importers of finished fuels, must register under section (4) of this rule, keep records under section (5) of this rule, and submit reports under sections (6) and (7) of this rule; and

(b) Small Oregon importers of finished fuels must register under section (4) of this rule and are exempt from keeping records under section (5) of this rule and submitting reports under sections (6) and (7) of this rule.

(3) Regulated party or opt-in party. The following rules designate regulated and opt-in parties, by type of fuel:

(a) OAR 340-253-0310 for gasoline, diesel fuel, biodiesel, biomass-based diesel, ethanol, and any other liquid fuel except liquefied natural gas and liquefied petroleum gas;

(b) OAR 340-253-0320 for natural gas including compressed natural gas, liquefied natural gas, biogas and liquefied petroleum gas;

(c) OAR 340-253-0330 for electricity; and

(d) OAR 340-253-0340 for hydrogen fuel or a hydrogen blend.

(4) Registration.

(a) After January 1, 2013, but no later than June 30, 2013, each regulated party must submit a complete application under OAR 340-253-0500 to register with DEQ for each fuel type the party imports or produces in Oregon on or before July 1, 2013, and that it plans to continue to import or produce in Oregon after July 1, 2013.

(b) Beginning on July 1, 2013, each regulated party must submit a complete application under OAR 340-253-0500 to register with DEQ for each fuel type, on or before the date upon which it begins to import or produce in Oregon such fuel.

(c) To become an opt-in party a person must submit a complete application under OAR 340-253-0500 to register with DEQ.

(5) Records.

(a) Beginning on July 1, 2013, each regulated party must develop and retain all records required under OAR 340-253-0600.

(b) Beginning on the latter of either July 1, 2013, or the date that an opt-in party submits a complete application, as determined by DEQ, under subsection (4)(c) of this rule, each opt-in party must develop and retain all records required under OAR 340-253-0600.

(6) Quarterly report. Beginning on January 1, 2014, each regulated and opt-in party must submit quarterly reports under OAR 340-253-0630. Reports must be submitted to DEQ for:

(a) January through March of each year, by May 31;

(b) April through June of each year, by August 31;

(c) July through September of each year, by November 30; and

(d) October through December of each year, by February 28 of the following year.

(7) Annual report. Each regulated party and opt-in party must submit an annual report each year under OAR 340-253-0650. The report must be submitted to DEQ by April 30 of each year to report for the prior calendar year; except for 2013, when the reporting period is from July 1 through December 31.

Stat. Auth.: ORS 468.020 Sec. 6, ch. 754, OL 2009, (2011 Edition)
Stats. Implemented: Sec. 6, ch. 754, OL 2009, (2011 Edition).
Hist.: DEQ 8-2012, f. & cert. ef. 12-11-12; DEQ 15-2013(Temp), f. 12-20-13, cert. ef. 1-1-14 thru 6-30-14; DEQ 8-2014, f. & cert. ef. 6-26-14

340-253-0200

Regulated and Opt-in Fuels

(1) Applicability. The transportation fuels listed in this rule are subject to Division 253, unless exempt under OAR 340-253-0250.

(2) Regulated fuels. Regulated fuels means the following transportation fuels or blendstocks:

(a) Gasoline;

(b) Diesel fuel;

(c) Fossil liquefied natural gas that is imported, but not transferred by a natural gas pipeline in Oregon;

(d) A fuel blend containing ethanol;

(e) A fuel blend containing biomass-based diesel or biodiesel;

(f) Ethanol or denatured ethanol, also referred to as E100;

(g) Neat biomass-based diesel and biodiesel, also referred to as B100; and

(h) Any other liquid or non-liquid fuel not listed in section (3) or exempted under OAR 340-253-0250.

(3) Opt-in fuels. Opt-in fuels means the following transportation fuels:

(a) Electricity;

(b) Hydrogen fuel;

(c) Hydrogen blends;

(d) Fossil compressed natural gas;

(e) Fossil liquefied natural gas derived from fuel delivered through a natural gas pipeline;

(f) Biogas compressed natural gas;

(g) Biogas liquefied natural gas; and

(h) Liquefied petroleum gas.

Stat. Auth.: ORS 468.020 Sec. 6, ch. 754, OL 2009, (2011 Edition)
Stats. Implemented: Sec. 6, ch. 754, OL 2009, (2011 Edition)
Hist.: DEQ 8-2012, f. & cert. ef. 12-11-12

340-253-0250

Exempt Fuels and Fuel Uses

(1) Exempt fuels. The following fuels are exempt from the definition of regulated fuels under OAR 340-253-0200(2)(h):

(a) A fuel supplied in Oregon if all providers supply an aggregate volume of less than 360,000 gge per year in Oregon. The party must:

(A) Demonstrate that the exemption applies; and

(B) Obtain exemption approval from DEQ in writing.

(b) A fuel produced from a research, development or demonstration facility as defined under OAR 330-090-0110 if the annual production volume is either 10,000 gallons or less, or no more than 50,000 gallons and the fuel producer uses the entire volume for its own motor vehicles. The party must:

(A) Demonstrate that the exemption applies; and

(B) Obtain exemption approval from DEQ in writing.

(2) Exempt fuels based on fuel uses. Fuels are exempt from the definition of regulated fuels under OAR 340-253-0200(2)(h) if:

(a) The fuel is supplied for use in the following motor vehicles:

(A) Aircraft;

(B) Racing activity vehicles under ORS 801.404;

(C) Military tactical vehicles and tactical support equipment;

(D) Railroad locomotives;

(E) Ocean-going vessels defined under OAR 856-010-0003, except for vessel under fishery or recreational endorsement under title 46 United States Code, chapter 121;

(F) Motor vehicles registered as farm vehicles under ORS 805.300;

(G) Farm tractors, as defined under ORS 801.265;

(H) Implements of husbandry, as defined under ORS 801.310; or

(I) Motor trucks, as defined under ORS 801.355, used primarily to transport logs; and

(b) The regulated or opt-in party documents that the fuel was supplied for use in a motor vehicle listed in subsection (a) of this rule, as required under OAR 340-253-0600. Documentation that the fuel was transferred through a dedicated source to one of the motor vehicles identified in subsection (a) of this rule is sufficient. If not transferred through a dedicated source, all documentation must be on an individual fuel transaction basis.

(3) Fuel possession. Any fuel user or seller may possess any fuel regardless of its carbon intensity value, including but not limited to owners of the motor vehicles listed under subsection (2)(a).

Stat. Auth.: ORS 468.020 Sec. 6, ch. 754, OL 2009, (2011 Edition)
Stats. Implemented: Sec. 6, ch. 754, OL 2009, (2011 Edition).
Hist.: DEQ 8-2012, f. & cert. ef. 12-11-12; DEQ 15-2013(Temp), f. 12-20-13, cert. ef. 1-1-14 thru 6-30-14; DEQ 8-2014, f. & cert. ef. 6-26-14

Designation of Regulated and Opt-in Parties

340-253-0310

Regulated Parties for Gasoline, Diesel Fuel, Biodiesel, Biomass-based Diesel and Ethanol and Other Regulated Fuels Except for Liquefied Natural Gas

(1) Applicability. This rule applies to all liquid blendstocks and liquid finished fuels listed under OAR 340-253-0200(2) except liquefied natural gas.

(2) Regulated party. The regulated party is the Oregon producer or importer of the fuel.

Stat. Auth.: ORS 468.020 Sec. 6, ch. 754, OL 2009, (2011 Edition)
Stats. Implemented: Sec. 6, ch. 754, OL 2009, (2011 Edition).
Hist.: DEQ 8-2012, f. & cert. ef. 12-11-12; DEQ 15-2013(Temp), f. 12-20-13, cert. ef. 1-1-14 thru 6-30-14; DEQ 8-2014, f. & cert. ef. 6-26-14

340-253-0320

Regulated Parties and Opt-in Parties for Compressed Natural Gas, Biogas, Liquefied Natural Gas and Liquefied Petroleum Gas

(1) Fossil compressed natural gas. For fossil compressed natural gas, the opt-in party is the owner of the fueling equipment at the facility where the fossil compressed natural gas is dispensed for use in motor vehicles.

(2) Biogas compressed natural gas. For biogas compressed natural gas that is dispensed directly into motor vehicles in Oregon without first being blended with fossil compressed natural gas, the opt-in party is the Oregon producer or importer of the biogas.

(3) Fossil liquefied natural gas. For fossil liquefied natural gas:

(a) For fuel that is a regulated fuel under OAR 340-253-0200(2)(c), the regulated party is the owner of the liquefied natural gas when it is transferred to the facility where the liquefied natural gas is dispensed for use into motor vehicles; or

(b) For fuel that is an opt-in fuel under OAR 340-253-0200(3)(e), the opt-in party is the owner of the liquefied natural gas when it is transferred to the facility where the liquefied natural gas is dispensed for use into motor vehicles.

(4) Biogas liquefied natural gas. For biogas liquefied natural gas that is dispensed directly into motor vehicles in Oregon without first being blended with fossil liquefied natural gas, the opt-in party is the Oregon producer or importer of the biogas liquefied natural gas.

(5) Biogas compressed natural gas added to fossil compressed natural gas. For blends of these fuels, the opt-in parties for each of the component fuel types of the blended fuel remains the same as provide in sections (1) through (4).

(6) Biogas liquefied natural gas added to fossil liquefied natural gas. For blends of these fuels, the regulated and opt-in parties for each of the component fuel types of the blended fuel remains the same as provide in sections (1) through (4).

(7) Liquefied petroleum gas. For liquefied petroleum gas, the opt-in party is the owner of the fueling equipment at the facility where the liquefied petroleum gas is dispensed for use into motor vehicles.

Stat. Auth.: ORS 468.020 Sec. 6, ch. 754, OL 2009, (2011 Edition)
Stats. Implemented: Sec. 6, ch. 754, OL 2009, (2011 Edition).
Hist.: DEQ 8-2012, f. & cert. ef. 12-11-12; DEQ 15-2013(Temp), f. 12-20-13, cert. ef. 1-1-14 thru 6-30-14; DEQ 8-2014, f. & cert. ef. 6-26-14

340-253-0330

Opt-in Parties for Electricity

(1) Opt-in party priority and deadlines. Sections (2) through (4) determine the opt-in party who may generate surpluses under OAR 340-253-1000(4) for electricity used as a transportation fuel.

(2) Electricity bundled services supplier. The electricity bundled services supplier must opt in by submitting a complete application to register with DEQ under OAR 340-253-0500 by September 1 of the year prior to the calendar year in which the surpluses will be generated if the electricity bundled services supplier elects to generate surpluses. Upon submitting a complete application, the electricity bundled services supplier becomes the opt-in party until it opts out under OAR 340-253-0500.

(3) Electric Utility. The electric utility may opt in by submitting a complete application to register with DEQ under OAR 340-253-0500 by November 1 of the year prior to the calendar year in which the surpluses will be generated, if the electricity bundled services supplier under section (2) does not opt-in. Upon submitting a complete application, the electric utility becomes the opt-in party for the following calendar year.

(4) Owner or operator of electric-charging equipment. The owner or operator of electric-charging equipment, including residential charging equipment, may opt in by submitting a complete application to register with DEQ under OAR 340-253-0500 by December 1 of the year prior to the calendar year in which the surpluses will be generated, if the electricity bundled services supplier under section (2) and the electric utility under section (3) do not opt-in. Upon submitting a complete application, the owner or operator of electric-charging equipment becomes the opt-in party for the following calendar year.

Stat. Auth.: ORS 468.020 Sec. 6, ch. 754, OL 2009, (2011 Edition)
Stats. Implemented: Sec. 6, ch. 754, OL 2009, (2011 Edition)
Hist.: DEQ 8-2012, f. & cert. ef. 12-11-12

340-253-0340

Opt-in Parties for Hydrogen Fuel or Hydrogen Blends

Opt-in party. The opt-in party for a volume of finished hydrogen fuel is the Oregon producer or importer of the finished hydrogen fuel.

Stat. Auth.: ORS 468.020, 468A.270 Sec. 6, ch. 754, OL 2009, (2011 Edition)
Stats. Implemented: ORS 468A.270 Sec. 6, ch. 754, OL 2009, (2011 Edition)
Hist.: DEQ 8-2012, f. & cert. ef. 12-11-12; DEQ 15-2013(Temp), f. 12-20-13, cert. ef. 1-1-14 thru 6-30-14; DEQ 8-2014, f. & cert. ef. 6-26-14

340-253-0400

Fuel Carbon Intensity Values

(1) Statewide carbon intensity values.

(a) A regulated or opt-in party must use the statewide average carbon intensity value in Table 1 under OAR 340-253-3010 or Table 2 under 340-253-3020, as applicable, for the following fuels:

(A) Clear gasoline;

(B) Gasoline blended with 10% ethanol;

(C) Clear diesel fuel;

(D) Diesel fuel blended with 5% biodiesel or biomass-based diesel;

(E) Compressed fossil natural gas derived from natural gas not imported to North America in liquefied form;

(F) Liquefied petroleum gas; and

(G) Electricity, unless an electricity provider meets the conditions under subsection (1)(b) and proposes a different carbon intensity value.

(b) The opt-in party for electricity may propose a carbon intensity value different from the statewide average carbon intensity value if the electricity provider:

(A) Only provides electricity for transportation; and

(B) Is exempt from the definition of public utility under ORS 757.005(1)(b)(G), and is not regulated by the Oregon Public Utility Commission.

(c) Every three years, DEQ must review the statewide average carbon intensity values in Table 1 under OAR 340-253-3010 or Table 2 under 340-253-3020 and must:

(A) Consider the crude oil and other energy sources, production processes and flaring rates and other considerations that might affect the lifecycle carbon intensity of fuel used in Oregon; and

(B) Propose the EQC revise and update statewide average carbon intensity values in Table 1 or 2 under OAR 340-253-3010 or -3020 if DEQ determines that values should be changed by more than 5.0 gCO2e per MJ or 10 percent.

(2) Carbon intensity values for established pathways. Except as provided in section (3), regulated and opt-in parties must use the carbon intensity values for ethanol, biodiesel, biomass-based diesel, liquefied natural gas, biogas compressed natural gas, biogas liquefied natural gas, hydrogen, liquefied petroleum gas and any fossil compressed natural gas produced from natural gas that arrives in North America in liquefied form that best matches each fuel’s carbon intensity, as listed in Table 1 under OAR 340-253-3010 or Table 2 under 340-253-3020, as applicable.

(3) Individual carbon intensity values.

(a) Directed by DEQ. A regulated or opt-in party must obtain an individual carbon intensity value for a fuel, if DEQ:

(A) Determines the fuel’s carbon intensity is not adequately represented by any of the carbon intensity values for established pathways in Table 1 under OAR 340-253-3010 or Table 2 under 340-253-3020; and

(B) Directs the regulated or opt-in party to obtain an individual carbon intensity value under OAR 340-253-0450.

(b) Election of the party. A regulated or opt-in party may propose an individual carbon intensity value for a fuel if:

(A) The fuel’s carbon intensity, when compared to the carbon intensity value for the most similar fuel type in Table 1 under OAR 340-253-3010 or Table 2 under 340-253-3020, as applicable, changes by at least 5.0 gCO2e per MJ or 10 percent;

(B) The party has the capacity and intent to provide more than one million gge per year of the fuel in Oregon unless all providers of that fuel type supply less than one million gge per year in total; and

(C) The party applies for and obtains DEQ approval under OAR 340-253-0450.

(c) New fuel or feedstock. A regulated or opt-in party must obtain approval for an individual carbon intensity value under OAR 340-253-0450 for any fuel not included in Table 1 under 340-253-3010 or Table 2 under 340-253-3020 and for any fuel made from a feedstock not represented in a carbon intensity value in Table 1 under 340-253-3010 or Table 2 under 340-253-3020. The party must submit a modification to the original registration under 340-253-0500(5) within 30 days,

(d) Process change notification. The regulated or opt-in party must notify DEQ and obtain approval for an individual carbon intensity value under OAR 340-253-0450 for any changes to the fuel production process, if the fuel’s carbon intensity value changes by more than 5.0 gCO2e per MJ or 10 percent. The party must submit a modification to the original registration under 340-253-0500(5) within 30 days.

(4) OR-GREET. The regulated or opt-in party must calculate all carbon intensity values using the approved version of OR-GREET, or a DEQ-approved comparable model for any fuel that cannot be modeled with OR-GREET. Any variations from the approved version of OR-GREET must be documented as described under OAR 340-253-0450(1) and submitted to DEQ for approval.

(5) Calculation requirements. When a regulated or opt-in party calculates a carbon intensity value of:

(a) Fuels made from biomass feedstock, the party may assume that the combustion and growing components of the fuel’s lifecycle greenhouse gas emissions have net zero lifecycle carbon dioxide emissions.

(b) Fuels made from petroleum feedstock, including waste petroleum feedstock, the party may not assume that the combustion of the fuel has net zero carbon dioxide emissions.

(c) Fuels made from waste feedstock, the party may assume that the lifecycle greenhouse gas emissions analysis of the carbon intensity value begins when the original product becomes waste.

Stat. Auth.: ORS 468.020 Sec. 6, ch. 754, OL 2009, (2011 Edition)
Stats. Implemented: Sec. 6, ch. 754, OL 2009, (2011 Edition).
Hist.: DEQ 8-2012, f. & cert. ef. 12-11-12; DEQ 15-2013(Temp), f. 12-20-13, cert. ef. 1-1-14 thru 6-30-14; DEQ 8-2014, f. & cert. ef. 6-26-14

340-253-0450

Approval for Individual Carbon Intensity Values

(1) Individual carbon intensity value approval. The regulated or opt-in party may not use an individual carbon intensity value without written DEQ approval under this rule. Individual carbon intensity values are not available for the fuels listed under OAR 340-253-0400(1)(a).

(a) OR-GREET input modifications. The regulated or opt-in party may propose a modification to inputs into the OR-GREET model that more accurately reflect the specific carbon intensity of the fuel.

(b) OR-GREET model modifications. The regulated or opt-in party may propose modifications to the OR-GREET model. The proposal for an individual carbon intensity value must include:

(A) Inputs used to generate the carbon intensity values under OAR 340-253-0400; and

(B) All modified parameters used to generate the new fuel carbon intensity value.

(c) Non-OR-GREET modifications. The regulated or opt-in party may propose modifications based on any lifecycle assessment model other than OR-GREET. The proposal for an individual carbon intensity value must include:

(A) Inputs used to generate the carbon intensity values under OAR 340-253-0400; and

(B) All parameters used to generate the new fuel carbon intensity value.

(2) Reliability. The regulated or opt-in party must supply documentation necessary for DEQ to determine that the method used to calculate the individual carbon intensity value under section (1) is reliable and at least comparable to the approved version of OR-GREET.

(3) Modification submittal. The regulated or opt-in party must submit all documentation for the proposed modifications under this rule including all:

(a) Supporting data;

(b) Calculations;

(c) Flow diagrams;

(d) Equipment description;

(e) Maps; and

(f) Any other information DEQ may need to verify the fuel type and the method for calculating the proposed individual carbon intensity value.

(4) Review process. DEQ must determine whether the proposal is complete within 15 workdays after receipt of any modification submitted under section (3):

(a) If DEQ determines the proposal is incomplete, DEQ must notify the regulated or opt-in party and identify the deficiencies. DEQ has 15 workdays to determine if the supplemental submittal is complete, or to notify the party and identify the continued deficiencies.

(b) If DEQ determines the proposal is complete, DEQ must:

(A) Publish the application on the Oregon Clean Fuels Program website; and

(B) Approve or deny an individual carbon intensity value under section (5) or (6).

(5) DEQ approval. A regulated or opt-in party may use an individual carbon intensity value upon receiving written approval from DEQ. DEQ will propose to incorporate all associated parameters and fuel-related information of a DEQ-approved individual carbon intensity value into Table 1 or 2 under OAR 340-253-3010 or -3020, as applicable, in a future rulemaking.

(6) DEQ denial. If DEQ determines the proposal for an individual carbon intensity value is not complete or adequately documented to establish its reliability, DEQ must deny the modification proposal, notify the party which carbon intensity value to use and identify the basis for the denial.

Stat. Auth.: ORS 468.020 Sec. 6, ch. 754, OL 2009, (2011 Edition)
Stats. Implemented: Sec. 6, ch. 754, OL 2009, (2011 Edition)
Hist.: DEQ 8-2012, f. & cert. ef. 12-11-12

340-253-0500

Registration

(1) Registration information. To register, a regulated or opt-in party must submit the following to DEQ:

(a) Company information including physical and mailing addresses, phone and fax numbers, e-mail addresses, primary and legal contact names and any applicable DEQ or EPA ID numbers.

(b) The fuel type(s) that will be imported or produced in Oregon.

(c) The producer of the biofuel, including each producer’s physical address and the EPA company and facility ID numbers, for each fuel type.

(d) The proposed carbon intensity value, for each fuel type. The proposed carbon intensity value must be:

(A) A statewide carbon intensity value for any fuel listed under OAR 340-253-0400(1);

(B) An individual carbon intensity value listed in Table 1 under OAR 340-253-3010 or Table 2 under OAR 340-253-3020; or

(C) An individual carbon intensity value under OAR 340-253-0450.

(e) The volume estimated to be imported or produced in Oregon in a calendar year, for each fuel type.

(f) Other information requested by DEQ related to registration.

(2) Completeness of submittal. DEQ must review the information submitted under section (1) to determine if the submission is complete.

(a) If DEQ determines the submission is incomplete, DEQ must notify the party of the information needed to complete the submission. The party must provide the requested information within 30 calendar days from the date on the request.

(b) If DEQ determines the submission is complete, DEQ must notify the party in writing of the completeness determination.

(c) If DEQ does not notify the party in writing of the completeness determination within 30 calendar days of receipt of the registration application, the application is automatically deemed complete.

(3) Determination of carbon intensity values. DEQ must review the proposed carbon intensity values to determine if they are accurate. DEQ must review proposed carbon intensity values as follows:

(a) For a proposed carbon intensity value listed in Table 1 under OAR 340-253-3010 or Table 2 under OAR 340-252-3020, DEQ must review whether the fuel type accurately matches the fuel and fuel production process of the proposed carbon intensity value listed.

(b) For a proposed individual carbon intensity value, DEQ must approve the carbon intensity value or notify the party which carbon intensity value to use under OAR 340-253-0450.

(4) Registration approval. DEQ must notify the party in writing of its registration approval. The notification must include confirmation of the carbon intensity value for each fuel type to be used in calculating surpluses and shortfalls under OAR 340-253-1020.

(5) Modifications to registration.

(a) The party must submit an amended registration to DEQ within 30 days of any change occurring to information described in section (1), including any change that would result in a different carbon intensity value.

(b) DEQ may require a party to submit an amended registration based on new information that DEQ obtains from any source.

(6) Opting out. To opt-out, an opt-in party must notify DEQ in writing. Regulated parties may not opt-out.

Stat. Auth.: ORS 468.020 Sec. 6, ch. 754, OL 2009, (2011 Edition)
Stats. Implemented: Sec. 6, ch. 754, OL 2009, (2011 Edition).
Hist.: DEQ 8-2012, f. & cert. ef. 12-11-12; DEQ 15-2013(Temp), f. 12-20-13, cert. ef. 1-1-14 thru 6-30-14; DEQ 8-2014, f. & cert. ef. 6-26-14

340-253-0600

Records

(1) All regulated and opt-in parties, except for small Oregon importers of finished fuels. Each regulated and opt-in party, except for small Oregon importers of finished fuels, must retain the following records for at least five years:

(a) Copies of all data and reports submitted to DEQ;

(b) Records of each fuel transaction made including:

(A) Fuel name, choosing the most applicable name from a list developed and provided by DEQ,

(B) Fuel application, choosing the most applicable choice from a list developed and provided by DEQ;

(C) Fuel pathway code, choosing the most applicable code from a list developed and provided by DEQ;

(D) Transaction date;

(E) Transaction type, choosing the most applicable type from a list developed and provided by DEQ;

(F) Transaction quantity;

(i) In gallons for liquid fuels including gasoline, diesel fuel, ethanol, biomass-based diesel, liquefied natural gas and liquefied petroleum gas;

(ii) In standard cubic feet for compressed natural gas;

(iii) In kilowatt-hours for electricity; and

(iv) In kilograms for hydrogen fuel.

(G) Transaction identification number;

(H) Business partner, choosing the most applicable name from a list developed and provided by DEQ;

(I) Physical pathway code, choosing the most applicable code from a list developed and provided by DEQ;

(J) Product transfer documents;

(K) Exempt status documentation under OAR 340-253-0250, if fuel is excluded from surplus and shortfall calculations under OAR 340-253-1010; and

(L) For fuel that is exported outside Oregon, where the party is the exporter of record.

(c) Records used to calculate surpluses and shortfalls;

(d) Other records used to determine compliance with the Oregon Clean Fuels Program; and

(e) Any other records identified by DEQ and related to the volume, distribution or carbon content of fuel produced or imported by a party.

(2) Oregon producers and importers of one or more non-petroleum blendstocks. In addition to section (1), each Oregon producer and importer of one or more non-petroleum blendstocks must retain the following records for at least five years:

(a) DEQ-approved carbon intensity for each fuel type, choosing the most appropriate choice from a list developed and provided by DEQ;

(b) Name of the biofuel producer, including each producer’s physical address, EPA company ID and facility ID number, for each fuel type, and choosing the most appropriate choice from a list developed and provided by DEQ; and

(3) Review. All data, records and calculations used by a regulated or opt-in party to comply with the Oregon Clean Fuels Program are subject to verification by DEQ. The party must provide records retained under section (1) within 60 calendar days after the date DEQ requests a review of the records, unless otherwise specified.

Stat. Auth.: ORS 468.020 Sec. 6, ch. 754, OL 2009, (2011 Edition)
Stats. Implemented: Sec. 6, ch. 754, OL 2009, (2011 Edition).
Hist.: DEQ 8-2012, f. & cert. ef. 12-11-12; DEQ 15-2013(Temp), f. 12-20-13, cert. ef. 1-1-14 thru 6-30-14; DEQ 8-2014, f. & cert. ef. 6-26-14

340-253-0630

Quarterly Reports

Quarterly reports must include the following information, in a format provided or approved by DEQ:

(1) For each fuel type imported or produced in Oregon:

(a) Total volume; and

(b) DEQ-approved carbon intensity.

(2) Surpluses and shortfalls as calculated under OAR 340-253-1020, including the;

(a) Amount of surpluses and shortfalls generated during the quarter; and

(b) Quarterly and year-to-date net balance calculations under OAR 340-253-1030 for gasoline and gasoline substitutes and diesel and diesel substitutes.

(3) The volumes of any exempt fuels or fuels transferred to exempt users under OAR 340-253-0250; and

(4) Volumes exported outside Oregon.

Stat. Auth.: ORS 468.020 Sec. 6, ch. 754, OL 2009, (2011 Edition)
Stats. Implemented: Sec. 6, ch. 754, OL 2009, (2011 Edition).
Hist.: DEQ 8-2012, f. & cert. ef. 12-11-12; DEQ 15-2013(Temp), f. 12-20-13, cert. ef. 1-1-14 thru 6-30-14; DEQ 8-2014, f. & cert. ef. 6-26-14

340-253-0650

Annual Reports

Annual reports must include the following information, in a DEQ provided or approved format:

(1) Company name of the regulated or opt-in party;

(2) For each fuel type imported or produced in Oregon during the calendar year:

(a) Total volume; and

(b) DEQ-approved carbon intensity.

(3) Surpluses or shortfalls as calculated under OAR 340-253-1020, including the;

(a) Amount of surpluses and shortfalls carried over from the previous year; and

(b) Amount of surpluses and shortfalls generated during the year.

(4) Net balance calculations under OAR 340-253-1030 for gasoline and gasoline substitutes and diesel and diesel substitutes;

(5) The volumes of any exempt fuels or fuels transferred to exempt users under OAR 340-253-0250; and

(6) Volumes exported outside Oregon.

Stat. Auth.: ORS 468.020 Sec. 6, ch. 754, OL 2009, (2011 Edition)
Stats. Implemented: Sec. 6, ch. 754, OL 2009, (2011 Edition).
Hist.: DEQ 8-2012, f. & cert. ef. 12-11-12; DEQ 15-2013(Temp), f. 12-20-13, cert. ef. 1-1-14 thru 6-30-14; DEQ 8-2014, f. & cert. ef. 6-26-14

340-253-1000

Surplus and Shortfall Basics

(1) Carbon intensity values.

(a) Except as provided in subsection (b), when calculating carbon intensity values, the regulated or opt-in party must use the DEQ carbon intensity value approved under OAR 340-253-0500.

(b) If the regulated or opt-in party has submitted a complete registration under OAR 340-253-0500 and DEQ has not approved the proposed carbon intensity value or has not determined that a different carbon intensity value more accurately reflects the fuel type, the party must use the carbon intensity value proposed in its registration.

(2) Fuel quantities. When calculating and reporting fuel quantities, the regulated or opt-in party must:

(a) Use energy units in MJ. To convert other energy units to MJ, the party must multiply the unit by the corresponding energy density under Table 3 under OAR 340-253-3030, and use the BTU-to-MJ conversion factor of 1,055 J per BTU.

(b) Express quantities to the nearest whole unit applicable for that quantity such as gallons, standard cubic feet, kilowatt-hours or pounds.

(3) Metric tons of CO2 equivalent. When reporting surpluses and shortfalls, the regulated or opt-in party must express quantities to the nearest whole metric ton of carbon dioxide equivalent.

(4) Surplus generation. A party generates a clean fuel surplus when:

(a) The carbon intensity of a fuel identified under OAR 340-253-1010 is lower than the corresponding baseline carbon intensity value for gasoline and gasoline substitutes or diesel fuel and diesel substitutes;

(b) The party has a DEQ-approved carbon intensity value; and

(c) The party demonstrates that the fuel is:

(A) Biodiesel, ethanol, or any other liquid fuel other than liquefied natural gas delivered to a public or private access fueling facility in Oregon;

(B) Electricity used in Oregon to charge a motor vehicle; or

(C) Compressed or liquefied natural gas, hydrogen fuel or liquefied petroleum gas dispensed in Oregon for use in a motor vehicle.

(5) Shortfall generation. A party generates a clean fuel shortfall when:

(a) The carbon intensity of a fuel identified under OAR 340-253-1010 is higher than the corresponding baseline carbon intensity value for gasoline and gasoline substitutes or diesel fuel and diesel substitutes; and

(b) The fuel is imported to Oregon or produced by an Oregon producer for use in Oregon for use in a motor vehicle.

(6) Nature of surpluses. Clean fuel surpluses are a regulatory instrument and do not constitute personal property, instruments, securities or any other form of property. Surpluses are not credits and may not be used to meet any compliance obligations other than as specified in this division.

Stat. Auth.: ORS 468.020 Sec. 6, ch. 754, OL 2009, (2011 Edition)
Stats. Implemented: Sec. 6, ch. 754, OL 2009, (2011 Edition)
Hist.: DEQ 8-2012, f. & cert. ef. 12-11-12

340-253-1010

Fuels to include in surplus and shortfall calculation

(1) Fuels included. A regulated or opt-in party must calculate surpluses and shortfalls for all regulated and opt-in fuels under OAR 340-253-0200 that are not otherwise exempt under OAR 340-253-0250, excluding fuels that are exported outside Oregon.

(2) Fuels excluded. Except as provided in section (3), the regulated or opt-in party may not include fuels excluded under OAR 340-253-0250 in surplus and shortfall calculations.

(3) Fuels sold to exempt users. The regulated or opt-in party may include or exclude fuel sold to an exempt user under OAR 340-253-0250 from the surpluses and shortfalls calculations.

(a) If the party includes the fuel, the party must include all fuel volumes listed on an invoice or all fuels included in a single or simultaneous delivery of fuel, regardless of how many invoices are used.

(b) If the party excludes the fuel, the party must document and report all excluded fuels under OAR 340-253-0600 through 340-253-0650.

Stat. Auth.: ORS 468.020 Sec. 6, ch. 754, OL 2009, (2011 Edition)
Stats. Implemented: Sec. 6, ch. 754, OL 2009, (2011 Edition)
Hist.: DEQ 8-2012, f. & cert. ef. 12-11-12

340-253-1020

Calculating Surpluses or Shortfalls

(1) The regulated or opt-in party must calculate surpluses and shortfalls for each fuel type included under 340-253-1010 using the surplus and shortfall basics under OAR 340-253-1020 to calculate the following:

(a) Energy in MJs by multiplying the amount of fuel by the energy density of the fuel in Table 3 under OAR 340-253-3030;

(b) Adjusted energy in MJs by multiplying the energy in MJs from (1)(a) by the energy economy ratio of the fuel using Table 4 or 5 under OAR 340-253-3040 or -3050 for gasoline and gasoline substitutes or diesel fuel and diesel substitutes;

(c) Carbon intensity difference by subtracting the fuel’s carbon intensity value from the corresponding baseline carbon intensity value for gasoline and gasoline substitutes or diesel fuel and diesel substitutes

(d) Grams of carbon dioxide equivalent by multiplying the adjusted energy in MJs in (1)(b) by the carbon intensity difference in (1)(c); and

(e) Metric tons of carbon dioxide equivalent by dividing the grams of carbon dioxide equivalent in (1)(c) by 1,000,000.

(2) If the fuel has a carbon intensity:

(a) Higher than the corresponding baseline carbon intensity value for gasoline and gasoline substitutes or diesel fuel and diesel substitutes, the absolute value of the metric tons of carbon dioxide equivalent under subsection (1)(e) is a shortfall.

(b) Lower than the corresponding baseline carbon intensity value for gasoline and gasoline substitutes or diesel fuel and diesel substitutes, the absolute value of the metric tons of carbon dioxide equivalent under subsection (1)(e) is a surplus.

Stat. Auth.: ORS 468.020 Sec. 6, ch. 754, OL 2009, (2011 Edition)
Stats. Implemented: Sec. 6, ch. 754, OL 2009, (2011 Edition)
Hist.: DEQ 8-2012, f. & cert. ef. 12-11-12

340-253-1030

Net Balance Calculation

A regulated or opt-in party must calculate the net balance at the end of the reporting period using the following formula: Net balance = SurplusesGenerated + SurplusesForward – ShortfallsGenerated – ShortfallsForward where:

(1) SurplusesGenerated is the total surpluses generated using calculations under OAR 340-253-1020;

(2) SurplusesForward is the surpluses carried forward from the previous reporting period;

(3) ShortfallsGenerated is the total shortfalls generated using calculations under OAR 340-253-1020; and

(4) ShortfallsForward is the shortfall carried forward from the previous reporting period.

Stat. Auth.: ORS 468.020 Sec. 6, ch. 754, OL 2009, (2011 Edition)
Stats. Implemented: Sec. 6, ch. 754, OL 2009, (2011 Edition)
Hist.: DEQ 8-2012, f. & cert. ef. 12-11-12

340-253-3010

Table 1 — Oregon Carbon Intensity Lookup Table for Gasoline and Gasoline Substitutes

This table contains the fuel carbon intensity values referenced in 340-253-0400.

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

Stat. Auth.: ORS 468.020 Sec. 6, ch. 754, OL 2009, (2011 Edition)
Stats. Implemented: Sec. 6, ch. 754, OL 2009, (2011 Edition).
Hist.: DEQ 8-2012, f. & cert. ef. 12-11-12; DEQ 15-2013(Temp), f. 12-20-13, cert. ef. 1-1-14 thru 6-30-14; DEQ 8-2014, f. & cert. ef. 6-26-14

340-253-3020

Table 2 — Oregon Carbon Intensity Lookup Table for Diesel Fuel and Diesel Substitutes

This table contains the fuel carbon intensity value referenced in 340-253-0400.

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

Stat. Auth.: ORS 468.020 Sec. 6, ch. 754, OL 2009, (2011 Edition)
Stats. Implemented: Sec. 6, ch. 754, OL 2009, (2011 Edition).
Hist.: DEQ 8-2012, f. & cert. ef. 12-11-12; DEQ 15-2013(Temp), f. 12-20-13, cert. ef. 1-1-14 thru 6-30-14; DEQ 8-2014, f. & cert. ef. 6-26-14

340-253-3030

Table 3 — Oregon Energy Densities of Fuels

[Table not included. See ED. NOTE.]

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

Stat. Auth.: ORS 468.020 Sec. 6, ch. 754, OL 2009, (2011 Edition)
Stats. Implemented: Sec. 6, ch. 754, OL 2009, (2011 Edition)
Hist.: DEQ 8-2012, f. & cert. ef. 12-11-12

340-253-3040

Table 4 — Oregon Energy Economy Ratios for Fuel used in Light-Duty Applications

[Table not included. See ED. NOTE.]

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

Stat. Auth.: ORS 468.020 Sec. 6, ch. 754, OL 2009, (2011 Edition)
Stats. Implemented: Sec. 6, ch. 754, OL 2009, (2011 Edition)
Hist.: DEQ 8-2012, f. & cert. ef. 12-11-12

340-253-3050

Table 5 — Oregon Energy Economy Ratios for Fuel Used in Heavy-Duty Applications

[Table not included. See ED. NOTE.]

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

Stat. Auth.: ORS 468.020 Sec. 6, ch. 754, OL 2009, (2011 Edition)
Stats. Implemented: Sec. 6, ch. 754, OL 2009, (2011 Edition)
Hist.: DEQ 8-2012, f. & cert. ef. 12-11-12

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