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DEPARTMENT OF ENVIRONMENTAL QUALITY

 

DIVISION 253

OREGON CLEAN FUELS PROGRAM

340-253-0000

Overview

(1) Context. The Oregon Legislature 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 over a 10-year period. 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. OAR division 253 of chapter 340 implements section 6 of the law.

(4) Program Review. EQC expects DEQ to periodically review and assess the Oregon Clean Fuels Program and make recommendations to EQC for improvement. DEQ will conduct two periodic reviews between 2015 and 2025. Review and assessment may include:

(a) The program’s progress towards meeting its targets;

(b) Adjustments to the compliance schedule, if needed;

(c) The costs and benefits that complying with Clean Fuels Program rules cause for regulated parties and credit generators;

(d) The costs and benefits that complying with Clean Fuels Program rules cause for Oregon fuel consumers and Oregon’s economy;

(e) The rate of climate change and the costs of environmental and economic damage due to climate change;

(f) The current and projected availability of clean fuels;

(g) The progress and adoption rates of clean fuels, clean fuel infrastructure and clean fuel vehicles;

(h) Identifying hurdles or barriers to implementing the Clean Fuels Program (e.g., permitting issues, infrastructure adequacy, research funds) and recommendations for addressing such hurdles or barriers;

(i) The mechanisms to provide exemptions and deferrals necessary to mitigate the cost of complying with the program;

(j) The methods to quantify lifecycle direct and indirect emissions from transportation fuels including land use change and other indirect effects;

(k) The latest information on low carbon fuel policies and related legal issues;

(l) The status of federal, state and regional programs that address the carbon content of transportation fuel; and

(m) Whether there are the necessary resources to implement the program.

(5) 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.

Stat. Auth.: ORS 468.020 & 2009 OL Ch. 754 Sec. 6 (2011 Edition)
Stats. Implemented: 2009 OL Ch. 754 Sec. 6 (2011 Edition)
Hist.: DEQ 8-2012, f. & cert. ef. 12-11-12; DEQ 3-2015, f. 1-8-15, cert. ef. 2-1-15

340-253-0040

Definitions

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

(1) “Actual PADD 5” means Petroleum Administration for Defense District 5, which includes Oregon, Washington, Arizona, Nevada, Hawaii, California and Alaska.

(2) “Bill of lading” means a document issued that lists goods being shipped and specifies the terms of their transport.

(3) “Bio-based” means produced from non-petroleum, biological renewable resources.

(4) “Biodiesel” means a diesel substitute that consists of mono-alkyl esters of long chain fatty acids derived from plant or animal matter that complies with ASTM D6751.

(5) “Biodiesel blend” means a blend of biodiesel with petroleum-based diesel fuel, designated BXX where XX represents the volume percentage of biodiesel fuel in the blend.

(6) “Biogas” means gas, consisting primarily of methane and carbon dioxide, produced by the anaerobic decomposition of organic matter. Biogas cannot be directly injected into natural gas pipelines or combusted in most natural gas-fueled vehicles unless first upgraded to biomethane.

(7) “Biomethane” means refined biogas that has been upgraded to a near-pure methane content product. Biomethane can be directly injected into natural gas pipelines or combusted in natural gas-fueled vehicles.

(8) “Broker” means a person who is not a regulated party or a credit generator and who voluntarily registers to participate in the clean fuels program, described in OAR 340-253-0100(3), to facilitate credit generation and to trade credits with regulated parties, credit generators and other brokers.

(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) “CFP Online System” means the interactive, secured, internet web-based, clean fuels program electronic data tracking, reporting and compliance system that DEQ developed, manages and operates.

(11) “Clean fuel” means a transportation fuel whose carbon intensity value is lower than the applicable clean fuel standard for gasoline and gasoline substitutes in Table 1 under OAR 340-253-8010 or for diesel and diesel substitutes in Table 2 under OAR 340-253-8020.

(12) “Clean fuel standard” means the annual average carbon intensity a regulated party must comply with, as listed in Table 1 under OAR 340-253-8010 for gasoline and gasoline substitutes and in Table 2 under 340-253-8020 for diesel fuel and diesel substitutes.

(13) “Clear gasoline” means gasoline that has not been blended with a renewable fuel.

(14) “Clear diesel” means diesel that has not been blended with a renewable fuel.

(15) “Compliance period” means a calendar year and is the period of time within which regulated parties must demonstrate compliance under OAR 340-253-0100.

(16) “Compressed natural gas” or “CNG” means natural gas compressed to a pressure greater than ambient pressure.

(17) “Credit” means a unit of measure that is generated when the carbon intensity value of a fuel that is produced, imported, dispensed or used in Oregon is less than the clean fuel standard. Credits are expressed in units of metric tons of carbon dioxide equivalent and are calculated under Table 2 under OAR 340-253-1020.

(18) “Credit generator” means any person eligible to generate credits by providing clean fuels for use in Oregon and who voluntarily registers to participate in the clean fuels program, described in OAR 340-253-0100(2), and specified by fuel type in Tables 1-4 under OAR 340-253-0310 through 340-253-0340.

(19) “Credit transfer document” or “CTD” means an invoice, bill of lading, purchase contract or any other proof of credit ownership transfer.

(20) “Deficit” means a unit of measure that is generated when the carbon intensity value of a fuel that is produced or imported in Oregon exceeds the clean fuel standard. Deficits are expressed in units of metric tons of carbon dioxide equivalent and are calculated under OAR 340-253-1020.

(21) "Diesel fuel" or “diesel” means a compression ignition engine fuel conforming to the specifications of either ASTM D975 or ASTM D7467.

(22) “Diesel substitute” means any fuel, other than diesel fuel, that may be used in an engine designed for diesel use.

(23) “Ethanol,” or “Denatured fuel ethanol” means nominally anhydrous ethyl alcohol meeting ASTM D4806 standards that is blended with gasoline for use in a spark-ignition internal combustion engine.

(24) “Export” means to have ownership title to transportation fuel from locations within Oregon, at the time it is delivered to locations outside Oregon by any means of transport, other than in the fuel tank of a motor vehicle for the purpose of propelling the motor vehicle.

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

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

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

(28) “Fuel pathway code” means a code that represents a unique fuel type. The fuel pathway code is a field in the CFP Online System used to represent a specific type of fuel that has an assigned carbon intensity value.

(29) “Gasoline” means a spark ignition engine fuel conforming to the specifications defined in ASTM D4814.

(30) “Gasoline substitute” means any fuel, other than gasoline, that may be used in an engine designed for gasoline use.

(31) “Heavy duty motor vehicle” or “HDV” means any motor vehicle rated at more than 10,000 pounds gross vehicle weight.

(32) “Import” means to have ownership title to transportation fuel from locations outside of Oregon at the time it is brought into the State of Oregon by any means of transport other than in the fuel tank of a motor vehicle for the purpose of propelling the motor vehicle.

(33) “Importer” means:

(a) With respect to any liquid fuel, the person who imports the fuel; or

(b) With respect to any biomethane, the person who owns the biomethane when it is trucked into Oregon or injected into a pipeline located outside of Oregon and delivered for use in Oregon.

(34) “Invoice” means the receipt or other record of a sale transaction, specifying the price and terms of sale, that describes an itemized list of goods shipped.

(35) “Large importer” means any person who imports into Oregon more than 250,000 gallons of transportation fuels in a given calendar year.

(36) “Light-duty motor vehicle” or “LDV” means any motor vehicle rated at 8,500 pounds gross vehicle weight or less.

(37) “Lifecycle greenhouse gas emissions” are:

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

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

(c) Stated in terms of mass values for all greenhouse gases as adjusted to CO2e to account for the relative global warming potential of each gas.

(38) “Liquefied natural gas” or “LNG” means natural gas that has been liquefied.

(39) “Liquefied compressed natural gas” or “L-CNG” means natural gas that has been liquefied and transported to a dispensing station where it was then re-gasified and compressed to a pressure greater than ambient pressure.

(40) “Liquefied petroleum gas” or “propane” or “LPG” means a petroleum product composed predominantly of any of the hydrocarbons propane, propylene, normal or iso butane, butylene, or mixtures thereof, maintained in the liquid state.

(41) “Medium duty vehicle” or “MDV” means any motor vehicle rated between 8,501 pounds and 10,000 pounds gross vehicle weight.

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

(43) “Natural gas” means a mixture of gaseous hydrocarbons and other compounds with at least 80 percent methane by volume.

(44) “OR-GREET” means the Greenhouse gases, Regulated Emissions, and Energy in Transportation (GREET) Argonne National Laboratory model that DEQ modifies and maintains for use in Oregon. DEQ will provide copies of OR-GREET upon request.

(45) “Physical transport mode code” means how a fuel physically enters Oregon. Physical transport mode code is a field in the CFP Online System used to represent how a fuel was imported.

(46) “Producer” means:

(a) With respect to any liquid fuel, the person who makes the fuel in Oregon; or

(b) With respect to any biomethane, the person who refines, treats or otherwise processes biogas into biomethane in Oregon.

(47) “Product transfer document” or “PTD” means a document that conveys information about the transfer of ownership of fuel from a regulated party to the recipient of the fuel.

(48) “Regulated fuel” means a transportation fuel identified under OAR 340-253-0200(2).

(49) “Regulated party” means a person responsible for compliance with the clean fuel standards identified under OAR 340-253-0310.

(50) “Renewable diesel” means diesel fuel derived from vegetable oils, animal fats or other non-petroleum resources.

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

(52) “Statutory PADD 5” means the Petroleum Administration for Defense District 5 states: Oregon, Washington, Arizona and Nevada.

(53) “Transaction type” means the nature of the fuel transaction. Transaction type is a field in the CFP Online System used to represent how a volume of fuel should be treated in terms of compliance with the clean fuel standards.

(54) “Transportation fuel” means gasoline, diesel, any other flammable or combustible gas or liquid and electricity that can be used as a fuel for the operation of a motor vehicle. Transportation fuel does not mean unrefined petroleum products.

Stat. Auth.: ORS 468.020 & 2009 OL Ch. 754 Sec. 6 (2011 Edition)
Stats. Implemented: 2009 OL Ch. 754 Sec. 6 (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; DEQ 3-2015, f. 1-8-15, cert. ef. 2-1-15

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) “CFP” means the clean fuels program established under OAR chapter 340, division 253.

(4) “CIE” means compression ignition engine.

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

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

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

(8) “gCO2e per MJ” means grams of carbon dioxide equivalent per megajoule of energy.

(9) “SIE” means spark ignition engine.

Stat. Auth.: ORS 468.020 & 2009 OL Ch. 754 Sec. 6 (2011 Edition)
Stats. Implemented: 2009 OL Ch. 754 Sec. 6 (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; DEQ 3-2015, f. 1-8-15, cert. ef. 2-1-15

340-253-0100

Oregon Clean Fuels Program Applicability and Requirements

(1) Regulated parties. All persons that produce in Oregon or import into Oregon any regulated fuel must comply with the rules in this division. The regulated parties for regulated fuels produced or imported in Oregon are designated under OAR 340-253-0310.

(a) Regulated parties must comply with sections (4) through (8) below; except that:

(b) Small importers are exempt from sections (5) through (8) below.

(2) Credit generators.

(a) The following rules designate persons eligible to generate credits for each fuel type:

(A) OAR 340-253-0320 for compressed natural gas, liquefied natural gas, liquefied compressed natural gas, liquefied petroleum gas and renewable diesel;

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

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

(b) Persons eligible to be credit generators are not required to participate in the program. Persons who choose voluntarily to participate in the program to generate credits must comply with sections (4), (5), (7) and (8) below.

(3) Brokers.

(a) Brokers must comply with this section and sections (4), (5), (7) and (8) below.

(b) Brokers may hold and trade credits. A broker also may generate credits and facilitate credit generation and credit trading if a regulated party, credit generator or person eligible to be a credit generator authorized the broker to act on its behalf.

(4) Registration.

(a) A regulated party must submit a complete registration application to DEQ under OAR 340-253-0500 for each fuel type on or before the date upon which that party begins producing the fuel in Oregon or importing the fuel into Oregon. The registration application must be submitted using DEQ approved forms.

(b) A credit generator must submit a complete registration to DEQ under OAR 340-253-0500 for each fuel type before it may generate credits for fuel produced, imported, dispensed or used in Oregon. DEQ will not recognize credits allegedly generated by any person that does not have an approved, accurate and current registration.

(c) A broker must submit a complete registration to DEQ under OAR 340-253-0500, or modify its existing registration each time it enters into a new contract with a regulated party or credit generator, before trading credits or facilitating credit generation or trading by a regulated party or credit generator. DEQ will not recognize the transfer of credits by a broker that does not have an approved, accurate and current registration.

(d) When DEQ approves the registration application of a regulated party, credit generator or broker under OAR 340-253-0500, the regulated party, credit generator or broker must establish an account in the CFP Online System and must use the CFP Online System to record and report credit and deficit generation, credit trading and compliance with the CFP rules in this division.

(5) Records. Beginning on July 1, 2015, regulated parties, credit generators registered under subsection (4)(b) and brokers registered under subsection (4)(c) must develop and retain all records OAR 340-253-0600 requires.

(6) Clean fuel standards. Each regulated party must comply with the following standards for all transportation fuel it produces in Oregon or imports into Oregon in each compliance period. To demonstrate compliance, regulated parties must use the calculation method OAR 340-253-1030 specifies. Regulated parties may demonstrate compliance in each compliance period either by producing or importing fuel that in the aggregate meets the standard or by obtaining sufficient credits to offset deficits for such fuel produced or imported into Oregon.

(a) Table 1 under OAR 340-253-8010 establishes the Oregon Clean Fuel Standard for Gasoline and Gasoline Substitutes; and

(b) Table 2 under OAR 340-253-8020 establishes the Oregon Clean Fuel Standard for Diesel and Diesel Substitutes.

(7) Quarterly progress report. Regulated parties, credit generators and brokers must submit quarterly progress reports under OAR 340-253-0630.

(8) Annual compliance report. Regulated parties, credit generators and brokers must submit annual compliance reports under OAR 340-253-0650.

Stat. Auth.: ORS 468.020 & 2009 OL Ch. 754 Sec. 6 (2011 Edition)
Stats. Implemented: 2009 OL Ch. 754 Sec. 6 (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; DEQ 3-2015, f. 1-8-15, cert. ef. 2-1-15

340-253-0200

Regulated and Clean Fuels

(1) Applicability. Producers and importers of transportation fuels listed in this rule, unless exempt under OAR 340-253-0250, are subject to division 253.

(2) Regulated fuels. Regulated fuels mean the following transportation fuels:

(a) Gasoline;

(b) Diesel fuel;

(c) Denatured fuel ethanol;

(d) Biodiesel; and

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

(3) Clean fuels. Clean fuels means a transportation fuel with a carbon intensity value lower than the clean fuel standard for gasoline or diesel fuel and their substitutes in Table 1 or 2 under OAR 340-253-8010 or 340-253-8020, as applicable, for that calendar year, such as:

(a) Bio-based compressed natural gas;

(b) Bio-based liquefied compressed natural gas;

(c) Bio-based liquefied natural gas;

(d) Electricity;

(e) Fossil compressed natural gas;

(f) Fossil liquefied compressed natural gas;

(g) Fossil liquefied natural gas;

(h) Hydrogen or a hydrogen blend;

(i) liquefied petroleum gas; and

(j) Renewable diesel.

Stat. Auth.: ORS 468.020 & 2009 OL Ch. 754 Sec. 6 (2011 Edition)
Stats. Implemented: 2009 OL Ch. 754 Sec. 6 (2011 Edition)
Hist.: DEQ 8-2012, f. & cert. ef. 12-11-12; DEQ 3-2015, f. 1-8-15, cert. ef. 2-1-15

340-253-0250

Exemptions

(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 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 gasoline gallon equivalents or diesel gallon equivalents 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 gasoline gallon equivalents or diesel gallon equivalents per year; or

(B) The producer has an annual production volume of less than 50,000 gasoline gallon equivalents or diesel gallon equivalents and the fuel producer uses the entire volume in motor vehicles the producer uses directly; or

(C) The producer is a research, development or demonstration facility defined under OAR 330-090-0100.

(c) Fuels that are exported for use outside of Oregon.

(2) Exempt fuel uses.

(a) Transportation fuels supplied for use in the following motor vehicles are exempt from the definition of regulated fuels under OAR 340-253-0200:

(A) Aircraft;

(B) Racing activity vehicles defined in ORS 801.404;

(C) Military tactical vehicles and tactical support equipment;

(D) 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 as provided in ORS 805.300;

(G) Farm tractors defined in ORS 801.265;

(H) Implements of husbandry defined in ORS 801.310; or

(I) Motor trucks defined in ORS 801.355 if used primarily to transport logs.

(b) To be exempt, the regulated party must document that the fuel was supplied to use in a motor vehicle listed in subsection (2)(a). The documentation must:

(A) Establish that the fuel was sold through a dedicated source to use in one of the specified motor vehicles; or

(B) Be on a fuel transaction basis if the fuel is not sold through a dedicated source.

Stat. Auth.: ORS 468.020 & 2009 OL Ch. 754 Sec. 6 (2011 Edition)
Stats. Implemented: 2009 OL Ch. 754 Sec. 6 (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; DEQ 3-2015, f. 1-8-15, cert. ef. 2-1-15

Designation of Regulated and Opt-in Parties

340-253-0310

Regulated Parties: Gasoline, Diesel Fuel, Ethanol and Biodiesel

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

(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 large importer, a small importer or not an importer.

(3) Recipient is a large importer. If a regulated party transfers the fuel to a large importer, 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.

(B) The transferor must provide the recipient a product transfer document by the time of transfer. The product transfer document must prominently indicate:

(i) Transferor company name, address and contact information;

(ii) Recipient company name, address and contact information;

(iii) Date of transfer;

(iv) Fuel pathway code and carbon intensity value;

(v) Volume/amount;

(vi) A statement that the recipient is now the regulated party; and

(vii) The EPA fuel production company ID and facility ID, if available.

(C) The transferor is no longer the regulated party for such fuel, except for maintaining the product transfer documentation under OAR 340-253-0600.

(b) The transferor may elect to remain the regulated party for the transferred fuel. If the transferor elects to remain the regulated party:

(A) The transferor remains 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 such fuel under OAR 340-253-0100(6); and

(iii) Is eligible to generate credits for the fuel, as applicable.

(B) The transferor must provide the recipient a product transfer document by the time of transfer. The product transfer document must prominently indicate:

(i) Transferor company name, address and contact information;

(ii) Recipient company name, address and contact information;

(iii) Date of transfer;

(iv) Amount; and

(v) A statement that the transferor remains the regulated party.

(C) The recipient is not the regulated party, except for maintaining the product transfer documentation under OAR 340-253-0600.

(4) Recipient is a producer, a small importer or is not an importer. If a regulated party transfers the fuel to a producer, a small importer or a person who is not an importer, the transferor and the recipient have the options and responsibilities under this section.

(a) Unless the recipient and the transferor agree the recipient is the regulated party under subsection (4)(b):

(A) The transferor remains 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 such fuel for such fuel under OAR 340-253-0100(6); and

(iii) Is eligible to generate credits for the fuel, as applicable.

(B) The transferor must provide the recipient a product transfer document by the time of transfer. The product transfer document must prominently indicate:

(i) Transferor company name, address and contact information;

(ii) Recipient company name, address and contact information;

(iii) Date of transfer;

(iv) Amount; and

(v) A statement that the transferor remains the regulated party.

(C) The recipient is not the regulated party, except for maintaining the product transfer documentation under OAR 340-253-0600.

(b) The recipient may elect to be the regulated party for the transferred fuel. If the recipient elects to be the regulated party:

(A) The recipient is 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 such fuel for such fuel under OAR 340-253-0100(6); and

(iii) Is eligible to generate credits for the fuel, as applicable.

(B) The transferor must provide the recipient a product transfer document by the time of transfer. The product transfer document must prominently indicate:

(i) Transferor company name, address and contact information;

(ii) Recipient company name, address and contact information;

(iii) Date of transfer;

(iv) Fuel pathway code and carbon intensity value;

(v) Volume/amount;

(vi) A statement that the recipient is now the regulated party; and

(vii) The EPA fuel production company ID and facility ID, if available.

(C) The transferor is not the regulated party, except for maintaining the product transfer documentation under OAR 340-253-0600.

Stat. Auth.: ORS 468.020 & 2009 OL Ch. 754 Sec. 6 (2011 Edition)
Stats. Implemented: 2009 OL Ch. 754 Sec. 6 (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; DEQ 3-2015, f. 1-8-15, cert. ef. 2-1-15

340-253-0320

Credit Generators: Compressed Natural Gas, Liquefied Natural Gas, Liquefied Compressed Natural Gas, Liquefied Petroleum Gas and Renewable Diesel

(1) Applicability. This rule applies to providers of compressed natural gas, liquefied natural gas, liquefied compressed natural gas, liquefied petroleum gas and renewable diesel 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 fossil CNG and bio-based CNG in the blend.

(3) Liquefied natural gas. For LNG used as a transportation fuel, subsections (a) through (c) determine the person who is eligible to generate credits.

(a) Fossil LNG. For fuel that is solely fossil LNG, the person that is eligible to generate credits is the owner of the fueling equipment at the facility where the fuel is dispensed for use in a motor vehicle.

(b) Bio-based LNG. For fuel that is solely bio-based LNG, the person that is eligible to generate credits is the producer or importer of the fuel.

(c) Blend of fossil LNG and bio-based LNG. For fuel that is a blend of fossil LNG and bio-based LNG, 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 fossil LNG and bio-based LNG in the blend.

(4) Liquefied compressed natural gas. For L-CNG used as a transportation fuel, subsections (a) through (c) determine the person who is eligible to generate credits.

(a) Fossil L-CNG. For fuel that is solely fossil L-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 L-CNG. For fuel that is solely bio-based L-CNG, the person that is eligible to generate credits is the producer or importer of the fuel.

(c) Blend of fossil L-CNG and bio-based L-CNG. For fuel that is a blend of fossil L-CNG and bio-based L-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 fossil L-CNG and bio-based L-CNG in the blend.

(5) Liquefied petroleum gas. For propane used as a transportation fuel, the person that is eligible to generate credits is the owner of the fueling equipment at the facility where the liquefied petroleum gas is dispensed for use in a motor vehicle.

(6) Renewable diesel. For renewable diesel used as a transportation fuel, the person that is eligible to generate credits is the producer or importer of the fuel.

(7) Responsibilities to generate credits. Any person specified in sections (2) through (5) may generate clean fuel credits by complying 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.

Stat. Auth.: ORS 468.020 & 2009 OL Ch. 754 Sec. 6 (2011 Edition)
Stats. Implemented: 2009 OL Ch. 754 Sec. 6 (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; DEQ 3-2015, f. 1-8-15, cert. ef. 2-1-15

340-253-0330

Credit Generators: Electricity

(1) Applicability. This rule applies to providers of electricity used as a transportation fuel.

(2) For residential charging. For electricity used to charge a motor vehicle in a residence, subsections (a) through (c) determine the person who is eligible to generate credits.

(a) Electric Utility. By October 1 of the current year, an electric utility that is registered or has submitted a complete registration to DEQ under OAR 340-253-0500 may generate credits for the following calendar year.

(b) Broker. If an electric utility does not register as the credit generator under subsection (a), then a broker may register to generate credits.

(c) Owner of electric-charging equipment. If an electric utility or a broker does not register as the credit generator under subsection (a) or (b), then the owner of the electric-charging equipment may register to generate credits.

(3) For non-residential charging. For electricity used to charge a motor vehicle in non-residential settings, such as at publicly available charging stations, for a fleet, or at a workplace, subsections (a) through (c) determine the person who is eligible to generate credits.

(a) Owner or operator of electric-charging equipment. The owner or operator of the electric-charging equipment that is registered or has submitted a complete registration to DEQ under OAR 340-253-0500 by September 1 of the current year may generate credits for the following calendar year.

(b) Electric utility. If the owner or operator of the electric-charging equipment does not register as the credit generator under subsection (a), then an electric utility may generate credits if, by October 1, the electric utility has registered or has submitted a complete registration to DEQ under OAR 340-253-0500.

(c) Broker. If the owner or operator of the electric-charging equipment and the electric utility do not register as the credit generator under subsections (a) or (b), then a broker may generate credits if it has provided documentation to DEQ that it has an agreement with the owner or operator of the electric-charging equipment where electric vehicles are charged with transportation fuel.

(4) Responsibilities to generate credits. Any person specified under sections (2) or (3) may generate clean fuel credits by complying 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.

(5) Ceasing to generate credits. Any person that is registered to generate credits under OAR 340-253-0500 must notify DEQ in writing when it no longer intends to generate credits.

Stat. Auth.: ORS 468.020 & 2009 OL Ch. 754 Sec. 6 (2011 Edition)
Stats. Implemented: 2009 OL Ch. 754 Sec. 6 (2011 Edition)
Hist.: DEQ 8-2012, f. & cert. ef. 12-11-12; DEQ 3-2015, f. 1-8-15, cert. ef. 2-1-15

340-253-0340

Credit Generators: Hydrogen Fuel or a Hydrogen Blend

(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) Responsibilities to generate credits. Any person specified in section (2) may generate clean fuel credits by complying 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.

Stat. Auth.: ORS 468.020 & 2009 OL Ch. 754 Sec. 6 (2011 Edition)
Stats. Implemented: 2009 OL Ch. 754 Sec. 6 (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; DEQ 3-2015, f. 1-8-15, cert. ef. 2-1-15

340-253-0400

Fuel Carbon Intensity Values

(1) Statewide carbon intensity values.

(a) Regulated parties, credit generators and brokers must use the statewide average carbon intensity values in Table 3 or 4 under OAR 340-253-8030 or 8040, as applicable, for the following fuels:

(A) Gasoline;

(B) Diesel fuel;

(C) Fossil compressed natural gas;

(D) Fossil liquefied natural gas;

(E) Liquefied petroleum gas; and

(F) Electricity, unless an electricity provider meets the conditions under subsection (1)(b) and chooses to obtain a different carbon intensity value.

(b) For electricity, credit generators and brokers may obtain a carbon intensity value different from the statewide average carbon intensity value by following the procedures under section (3), if the electricity provider:

(A) 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; or

(B) Generates lower carbon electricity at the same location as it is dispensed into a vehicle.

(2) Carbon intensity values for established pathways. Except as provided in section (3), regulated parties, credit generators and brokers must use the carbon intensity value for each transportation fuel that best matches the description in the fuel pathway in Table 3 or 4 under OAR 340-253-8030 or 340-253-8040, as applicable, and as approved through the registration process under 340-253-0500.

(3) Individual carbon intensity values.

(a) Directed by DEQ. A regulated party, credit generator or broker must obtain and use 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 3 or 4 under OAR 340-253-8030 or 340-253-8040, as applicable; and

(B) Directs the regulated party, credit generator or broker to obtain an individual carbon intensity value under OAR 340-253-0450.

(b) Election of the party. A regulated party, credit generator or broker may obtain and use an individual carbon intensity value for a fuel if:

(A) It applies for and obtains DEQ approval under OAR 340-253-0450; and

(B) The fuel’s carbon intensity value differs from the carbon intensity value for the most similar fuel pathway in Table 3 or 4 under OAR 340-253-8030 or 340-253-8040, as applicable, by at least 5.0 gCO2e per MJ or 10 percent, whichever is less.

(c) New fuel or feedstock. A regulated party, credit generator or broker must obtain approval for an individual carbon intensity value under OAR 340-253-0450 for any fuel not included in Table 3 or 4 under 340-253-8030 or 340-253-8040, as applicable, and for any fuel made from a feedstock not represented in a carbon intensity value in Table 3 or Table 4 under 340-253-8030 or 340-253-8040, as applicable. A regulated party, credit generator or broker must notify DEQ by submitting a modification to the original registration within 30 days of providing a new transportation fuel for use in Oregon.

(d) Process change notification. If a fuel’s carbon intensity value changes due to a change in refining process in a way that increases the fuel’s carbon intensity value by more than either 5.0 gCO2e per MJ or 10 percent, whichever is less, the regulated party, credit generator or broker must notify DEQ and obtain an individual carbon intensity value under OAR 340-253-0450 by submitting a modification to the original registration under 340-253-0500 within 30 days after the refining process changes.

(e) OR-GREET. Regulated parties, credit generators and brokers 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.

(4) DEQ review of carbon intensity values. Every three years, or sooner if DEQ determines that new information becomes available that warrants an earlier review, DEQ will review the carbon intensity values in Table 3 or 4 under OAR 340-253-8030 or 340-253-8040 and:

(a) Must consider, at a minimum:

(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) The statewide mix of electricity used in Oregon;

(D) Individual carbon intensity values that have been approved under OAR 340-253-0450;

(E) Changes to OR-GREET;

(F) New methods to calculate lifecycle greenhouse gas emissions;

(G) Changes in quantifying indirect land use change; and

(H) Changes in quantifying indirect effects.

(b) Report to EQC regarding whether statewide average carbon intensity values in Table 3 or 4 under OAR 340-253-8030 or 340-253-8040 should be revised. Changes to Table 3 or 4 under 340-253-8030 or 340-253-8040 may only be revised through a rulemaking.

Stat. Auth.: ORS 468.020 & 2009 OL Ch. 754 Sec. 6 (2011 Edition)
Stats. Implemented: 2009 OL Ch. 754 Sec. 6 (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; DEQ 3-2015, f. 1-8-15, cert. ef. 2-1-15

340-253-0450

Approval for Individual Carbon Intensity Values

(1) Individual carbon intensity value approval. A regulated party, credit generator or broker 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 modifications. To obtain an individual carbon intensity value, a regulated party, credit generator or broker may propose a modification to inputs into OR-GREET that more accurately reflect the specific characteristics of the fuel or changes to OR-GREET itself that will result in a more accurate calculation of the carbon intensity value for a fuel. 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.

(b) Other modifications. To obtain an individual carbon intensity value, a regulated party, credit generator or broker may propose modifications based on any new information to calculate lifecycle greenhouse gas emissions. 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 party, credit generator or broker must supply documentation necessary for DEQ to determine that the method used to calculate the individual carbon intensity value is reliable and comparable to OR-GREET.

(3) Modification submittal. The regulated party, credit generator or broker must submit proposed modifications under this rule electronically and must include:

(a) Documentation that the proposed pathway has been approved by the California Air Resources Board, if available;

(b) A description of all modifications required by section (1);

(c) Supporting data and calculations; and

(d) Any other information the party would like to submit or DEQ requests to verify the method for calculating the proposed, individual carbon intensity value.

(4) Review process. Within 15 workdays after receiving any modification proposal submitted under section (3), DEQ will determine whether the proposal is complete.

(a) If DEQ determines the proposal is incomplete, DEQ will notify the regulated party, credit generator or broker and identify the deficiencies. If the party submits supplemental information, 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 will:

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

(B) Approve or deny an individual carbon intensity value.

(5) DEQ approval. A regulated party, credit generator or broker 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 3 or 4 under OAR 340-253-8030 or 340-253-8040, as applicable, in a future rulemaking.

(6) DEQ denial. If DEQ determines the proposal for an individual carbon intensity value is not adequately documented, DEQ will deny the modification proposal, identify the basis for the denial, and notify the party which carbon intensity value it is authorized to use for the fuel.

Stat. Auth.: ORS 468.020 & 2009 OL Ch. 754 Sec. 6 (2011 Edition)
Stats. Implemented: 2009 OL Ch. 754 Sec. 6 (2011 Edition)
Hist.: DEQ 8-2012, f. & cert. ef. 12-11-12; DEQ 3-2015, f. 1-8-15, cert. ef. 2-1-15

340-253-0500

Registration

(1) Registration information. To register, regulated parties, credit generators and brokers must submit the following to DEQ using DEQ-approved forms:

(a) Company identification, including physical and mailing addresses, phone numbers, e-mail addresses, and contact names;

(b) The CFP status of the registrant as a producer, small importer, large importer, credit generator or broker;

(c) For each transportation fuel that will be produced, imported, dispensed or used in Oregon, as applicable:

(A) The proposed carbon intensity value for each fuel. The proposed carbon intensity value must be:

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

(ii) An individual carbon intensity value listed under Table 3 or 4 under OAR 340-253-8030 or 340-253-8040; or

(iii) An individual carbon intensity approved by DEQ, or a proposal to obtain a new individual carbon intensity value, under OAR 340-253-0400(3).

(B) For a biofuel, its EPA production company ID and facility ID;

(C) The physical transport mode that represents how the fuel will enter Oregon.

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

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

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

(b) If DEQ determines the submission is complete, DEQ will 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 deemed complete.

(3) Approval of carbon intensity values. DEQ will review proposed carbon intensity values to determine if they are accurate.

(a) DEQ will review proposed carbon intensity values as follows:

(A) For a proposed carbon intensity value listed under Table 3 or 4 under OAR 340-253-8030 or 340-253-8040, as applicable, DEQ will review whether the fuel type accurately matches the fuel pathway description of the proposed carbon intensity value listed.

(B) For a proposed individual carbon intensity value, DEQ will review the proposal as provided under OAR 340-253-0450.

(b) If DEQ determines that the proposed carbon intensity values accurately reflect the carbon intensity of the fuel types, DEQ will approve the proposed values. Approval of carbon intensity values is confirmed in the registration approval under section (4).

(c) If DEQ determines that a different carbon intensity value more accurately reflects the information submitted, DEQ will notify the regulated party, credit generator or broker of its determination including DEQ’s proposed carbon intensity value and the reason(s) for selecting it within 45 days of DEQ’s completeness determination.

(A) The registrant must accept or appeal DEQ’s determination in writing within 15 days of receiving DEQ’s carbon intensity value determination.

(B) If the registrant accepts DEQ’s determination, then confirmation will be through the registration approval under section (4) of this rule.

(C) If the registrant appeals DEQ’s determination, then it must submit additional supporting information to DEQ within 30 days of its appeal notification. DEQ will review the additional information as provided in this section for review of initial submissions of carbon intensity values. If DEQ already reviewed one appeal of its carbon intensity determination under this section, DEQ may inform the regulated party, credit generator or broker that DEQ’s decision is final and it will not undertake further review.

(4) Registration approval. Once DEQ approves the carbon intensity values, DEQ will notify the registrant in writing of its registration approval. The notification will include confirmation of the carbon intensity value for each fuel to be used in calculating credits and deficits under OAR 340-253-1000.

(5) Modifications to registration.

(a) The registrant must submit an amended registration to DEQ within 30 days of any change occurring to information described in section (1).

(b) DEQ may require a registrant to submit an amended registration based on new information DEQ receives.

(c) If a registrant amends its registration under this section, the registrant must also update the registrant’s account in the CFP Online System to accurately reflect the amended information, as appropriate.

(6) Opting out. To opt-out of the CFP, a credit generator or broker must notify DEQ in writing. A credit generator or broker that opts out cannot generate, trade, or facilitate the generation or trading of credits unless the credit generator or broker re-registers under OAR 340-253-0100(3) or (4). Regulated parties may not opt-out of the CFP.

(7) Registering as a user in the CFP Online System. After DEQ provides initial written approval of the registration application of a regulated party, credit generator or broker, the regulated party, credit generator or broker must establish an account in the CFP Online System and must use the CFP Online System to record and report credit and deficit generation, credit trading and compliance with the rules in this division.

Stat. Auth.: ORS 468.020 & 2009 OL Ch. 754 Sec. 6 (2011 Edition)
Stats. Implemented: 2009 OL Ch. 754 Sec. 6 (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; DEQ 3-2015, f. 1-8-15, cert. ef. 2-1-15

340-253-0600

Records

(1) Records. Regulated parties, credit generators and brokers must retain the following records for at least 5 years:

(a) Product transfer documents;

(b) Credit transfer documents;

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

(d) Records related to each fuel transaction; and

(e) Records used for compliance or credit calculations.

(2) Review. All data, records, and calculations used by a regulated party, a credit generator or a broker to comply with the Oregon Clean Fuels Program are subject to verification by DEQ. Regulated parties, credit generators and brokers must provide records retained under section (1) within 60 calendar days after the date DEQ requests a review of the records, unless DEQ specifies otherwise.

Stat. Auth.: ORS 468.020 & 2009 OL Ch. 754 Sec. 6 (2011 Edition)
Stats. Implemented: 2009 OL Ch. 754 Sec. 6 (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; DEQ 3-2015, f. 1-8-15, cert. ef. 2-1-15

340-253-0620

CFP Online System Reporting

(1) Online reporting. Regulated parties, credit generators and brokers must use the CFP Online System to submit quarterly progress reports under OAR 340-253-0630 and annual compliance reports under OAR 340-253-0650.

(2) Establishing an account. Following DEQ’s approval of the regulated party’s, credit generator’s or broker’s registration under OAR 340-253-0500, such person must establish an account in the CFP Online System. Such person must include the following information to register as a user in the CFP Online System:

(a) User’s name, address, state and county, date and place of incorporation, and federal employer identification number (FEIN);

(b) User’s primary contact name, business and mobile phone numbers, email address, username and password;

(c) Name and title of an Administrator;

(d) Name and title of Contributors, optional;

(e) Name and title of Reviewers, optional; and

(f) Any other information DEQ may require in the CFP Online System.

(3) Account management roles.

(a) Administrator:

(A) Authorized to sign for the user;

(B) Responsible for submitting quarterly progress and annual compliance reports;

(C) Makes changes to the company profile; and

(D) May designate users within the company who can review and upload data, but not submit reports.

(b) Contributor:

(A) Authorized to submit quarterly progress and annual compliance reports, if given signature authority; but

(B) Cannot make changes to the company profile.

(c) Reviewer:

(A) Provided read-only access; but

(B) Cannot submit quarterly progress and annual compliance reports.

(4) Signature. Reports must include an electronic signature that certifies that the submitted information is true, accurate and complete.

(5) Correcting a previously submitted report. A regulated party, credit generator or broker may request to have a previously submitted quarterly progress or annual compliance report reopened for corrective edits and re-submittal. The requestor must submit an “Unlock Report Request Form” using the CFP Online System. The requestor is required to provide justification for the report corrections and indicate the specific corrections to be made to the report. Each submitted request is subject to DEQ approval. DEQ approval of a corrected a report does not preclude DEQ enforcement based on misreporting.

(6) Information exempt from disclosure. Pursuant to the provisions of ORS 192.410 to 192.505, all information submitted to the Department is subject to inspection upon request by any person unless such information is determined to be exempt from disclosure under the Oregon public records law, ORS 192.410 through 192.505 or other applicable Oregon law.

Stat. Auth.: ORS 468.020 & 2009 OL Ch. 754 Sec. 6 (2011 Edition)
Stats. Implemented: 2009 OL Ch. 754 Sec. 6 (2011 Edition)
Hist.: DEQ 3-2015, f. 1-8-15, cert. ef. 2-1-15

340-253-0630

Quarterly Progress Reports

(1) Quarterly progress reports. Each quarter, regulated parties, credit generators and brokers must submit a progress report using the CFP Online System by no later than:

(a) May 31 — for January through March of each year;

(b) August 31 — for April through June of each year;

(c) November 30 — for July through September of each year; and

(d) February 28 — for October through December of each previous year.

(2) General reporting requirements for quarterly progress reports. Regulated parties, credit generators and brokers must submit quarterly progress reports that contain the information specified in Table 5 under OAR 340-253-8050 for each transportation fuel subject to the CFP.

(3) Specific reporting parameters for biomethane (including bio-based CNG, bio-based LNG and bio-based L-CNG) used as a transportation fuel. The credit generator must report:

(a) The information specified for CNG and LNG in Table 5 under OAR 340-253-8050;

(b) The carbon intensity value of the bio-based CNG, bio-based LNG or bio-based L-CNG as approved under OAR 340-253-0500(4); and

(c) The EPA production company ID and facility ID.

(4) Specific reporting parameters for electricity used as a transportation fuel. For electricity used as a transportation fuel, a credit generator must report the following:

(a) The information specified for electricity in Table 5 under OAR 340-253-8050;

(b) The carbon intensity value of the electricity as approved under OAR 340-253-0500(4); and

(c) For residential charging stations, the total electricity dispensed (in kilowatt hours) to all vehicles at each residence, measured by:

(A) The use of direct metering (either sub-metering or separate metering) to measure the electricity directly dispensed to all vehicles at each household or residence; or

(B) For households and residences where direct metering is not available and with prior DEQ approval, the credit generator may report the total electricity dispensed as a transportation fuel using an alternative method that the credit generator demonstrates is substantially similar to the use of direct metering.

(d) For each public access, fleet and workplace private access charging facility, the amount of electricity dispensed (in kilowatt hours).

Stat. Auth.: ORS 468.020 & 2009 OL Ch. 754 Sec. 6 (2011 Edition)
Stats. Implemented: 2009 OL Ch. 754 Sec. 6 (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; DEQ 3-2015, f. 1-8-15, cert. ef. 2-1-15

340-253-0650

Annual Compliance Reports

(1) Annual compliance reports. Using the CFP Online System, regulated parties, credit generators and brokers must submit an annual compliance report to DEQ not later than April 30 for the compliance period running from January 1 through December 31 of the previous year.

(2) General reporting requirements for annual compliance reports. Regulated parties, credit generators and brokers must submit annual compliance reports that meet, at minimum, the general and specific requirements for quarterly progress reports and include the following information:

(a) The total credits and deficits generated by the regulated party, credit generator or broker in the current compliance period, calculated in the CFP Online System;

(b) Any credits carried over from the previous compliance period;

(c) Any deficits carried over by a regulated party from the previous compliance period;

(d) The total credits acquired from other regulated parties, credit generators and brokers;

(e) The total credits transferred to other regulated parties, credit generators and brokers; and

(f) The total credits retired by a regulated party to meet the regulated party’s compliance obligation.

Stat. Auth.: ORS 468.020 & 2009 OL Ch. 754 Sec. 6 (2011 Edition)
Stats. Implemented: 2009 OL Ch. 754 Sec. 6 (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; DEQ 3-2015, f. 1-8-15, cert. ef. 2-1-15

340-253-1000

Credit and Deficit Basics

(1) Carbon intensity values.

(a) Except as provided in subsection (b), when calculating carbon intensity values, regulated parties, credit generators and brokers must:

(A) Use a DEQ carbon intensity value approved under OAR 340-253-0500(4); and

(B) Express the carbon intensity value to the same number of significant figures as shown in Table 3 or 4 under OAR 340-253-8030 or 340-253-8040, as applicable.

(b) If a regulated party, credit generator or broker 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 regulated party, credit generator or broker must use the carbon intensity value proposed in its registration.

(2) Fuel quantities. Regulated parties, credit generators and brokers must express fuel quantities to the nearest whole unit applicable for each fuel such as gallons, standard cubic feet, kilowatt-hours or pounds.

(3) Conversion of energy. To convert other energy units to megajoules, the regulated party, credit generator or broker must multiply the unit by the corresponding energy density factor based on the lower heating values of fuels in OR-GREET using BTU to megajoules conversion of 1,055 J per BTU. Table 6 under OAR 340-253-8060 includes energy density conversions for Oregon.

(4) Metric tons of CO2 equivalent. Regulated parties, credit generators and brokers must express credits and deficits to the nearest whole metric ton of carbon dioxide equivalent.

(5) Credit generation. A clean fuel credit is generated when fuel is produced, imported, dispensed or used in Oregon, as applicable, and the carbon intensity value of the fuel approved under OAR 340-253-0500(4) is less than the clean fuel standard for gasoline or diesel fuel and their substitutes in Table 1 or 2 under 340-253-8010 or 340-253-8020, as applicable.

(6) Deficit generation. A clean fuel deficit is generated when fuel is produced, imported, dispensed or used in Oregon, as applicable, and the carbon intensity value of the fuel approved under OAR 340-253-0500(4) is more than the clean fuel standard for gasoline or diesel fuel and their substitutes in Table 1 or 2 under 340-253-8010 or 340-253-8020, as applicable.

Stat. Auth.: ORS 468.020 & 2009 OL Ch. 754 Sec. 6 (2011 Edition)
Stats. Implemented: 2009 OL Ch. 754 Sec. 6 (2011 Edition)
Hist.: DEQ 8-2012, f. & cert. ef. 12-11-12; DEQ 3-2015, f. 1-8-15, cert. ef. 2-1-15

340-253-1010

Fuels to Include in Credit and Deficit Calculation

(1) Fuels included. Regulated parties, credit generators and brokers must calculate credits or deficits for all regulated fuels and clean fuels.

(2) Fuels exempted. Except as provided in section (3), regulated parties, credit generators and brokers may not calculate credits and deficits for fuels:

(a) Exported outside Oregon; or

(b) Exempt under OAR 340-253-0250.

(3) Voluntary inclusion. A regulated party, credit generator or broker may choose to include in its credits and deficits calculations fuel that is exempt under OAR 340-253-0250(1) or sold to an exempt user under 340-253-0250(2) provided that all fuel listed on the same delivery invoice is included.

Stat. Auth.: ORS 468.020 & 2009 OL Ch. 754 Sec. 6 (2011 Edition)
Stats. Implemented: 2009 OL Ch. 754 Sec. 6 (2011 Edition)
Hist.: DEQ 8-2012, f. & cert. ef. 12-11-12; DEQ 3-2015, f. 1-8-15, cert. ef. 2-1-15

340-253-1020

Calculating Credits and Deficits

Regulated parties, credit generators and brokers must calculate credits or deficits for each fuel included under 340-253-1010 by:

(1) Using credit and deficit basics as OAR 340-253-1000 specifies;

(2) Calculating energy in megajoules by multiplying the amount of fuel by the energy density of the fuel in Table 6 under OAR 340-253-8060;

(3) Calculating the adjusted energy in megajoules by multiplying the energy in megajoules from section (2) by the energy economy ratio of the fuel using Table 7 or 8 under OAR 340-253-8070 or 340-253-8080, as applicable;

(4) Calculating the carbon intensity difference by subtracting the fuel’s carbon intensity value as approved under OAR 340-253-0500(4) from the clean fuel standard for gasoline or diesel fuel and their substitutes in Table 1 or 2 under 340-253-8010 or 340-253-8020, as applicable;

(5) Calculating the grams of carbon dioxide equivalent by multiplying the adjusted energy in megajoules in section (3) by the carbon intensity difference in section (4);

(6) Calculating the metric tons of carbon dioxide equivalent by dividing the grams of carbon dioxide equivalent in section (5) by 1,000,000; and

(7) Determining under OAR 340-253-1000(5) and (6) whether credits or deficits are generated.

Stat. Auth.: ORS 468.020 & 2009 OL Ch. 754 Sec. 6 (2011 Edition)
Stats. Implemented: 2009 OL Ch. 754 Sec. 6 (2011 Edition)
Hist.: DEQ 8-2012, f. & cert. ef. 12-11-12; DEQ 3-2015, f. 1-8-15, cert. ef. 2-1-15

340-253-1030

Net Balance Calculation Deficits

(1) Small deficits. At the end of a compliance period, a regulated party that has a net deficit balance may carry forward a small deficit to the next compliance period without penalty if the regulated party does not have any credits to offset its deficits. A small deficit exists if the amount of credits the regulated party needs to meet the standard is 10 percent or less than the total amount of deficits the regulated party generated for the compliance period.

(2) Large deficits. At the end of a compliance period, a regulated party that has a net deficit balance may not carry forward a large deficit to the next compliance period. A large deficit exists if the amount of credits the regulated party needs to meet the standard is greater than 10 percent of the total amount of deficits the regulated party generated for the compliance period. A regulated party violates this rule if that party has a large deficit at the end of a compliance period.

(3) Deficit reconciliation. If a regulated party carries a small deficit forward from the previous compliance period, the regulated party must eliminate the small deficit by the end of the current compliance period. This provision does not preclude the regulated party from carrying forward a small deficit in the subsequent compliance period based on the total amount of deficits the regulated party generated in the subsequent compliance period.

Stat. Auth.: ORS 468.020 & 2009 OL Ch. 754 Sec. 6 (2011 Edition)
Stats. Implemented: 2009 OL Ch. 754 Sec. 6 (2011 Edition)
Hist.: DEQ 8-2012, f. & cert. ef. 12-11-12; DEQ 3-2015, f. 1-8-15, cert. ef. 2-1-15

340-253-1050

Credit Basics

(1) General.

(a) Clean fuel 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 brokers may:

(A) Retain clean fuel credits without expiration for use within the CFP, subject to this rule and OAR 340-253-1030; and

(B) Acquire or transfer clean fuel credits from or to other regulated parties, credit generators and brokers that are approved program users under OAR 340-253-0500(4) and have account access to the CFP Online System.

(c) Regulated parties, credit generators and brokers may not:

(A) Use alleged credits that have not been generated in compliance with the rules in this division; or

(B) Borrow or use anticipated credits from future projected or planned carbon intensity reductions.

(2) Mandatory retirement of credits.

(a) At the end of a compliance period, a regulated party that possesses credits must retire a sufficient number of credits to satisfy the regulated party’s compliance obligation for that compliance period. A regulated party may not carry over credits to the next compliance period if the regulated party has any remaining deficits.

(b) At the end of a compliance period, if the total number of credits is less than the total number of deficits, the regulated party is subject to OAR 340-253-1030.

(3) Credit transfers between parties.

(a) “Credit seller,” as used in this rule, means a regulated party, credit generator or broker who wishes to sell or transfer credits.

(b) “Credit buyer,” as used in this rule, means a regulated party, credit generator or broker who wishes to acquire credits.

(c) A credit seller and a credit buyer may enter into an agreement to transfer credits.

(d) A credit seller may only transfer credits up to the number of total credits in the credit seller’s CFP Online System account.

(4) Credit transfer form.

(a) When parties intend to enter in to a credit transfer agreement, the credit seller must use the “Credit Transfer Form” provided in the CFP Online System and must include the following:

(A) Date of the proposed credit transfer agreement;

(B) Name and FEIN of the credit seller and credit buyer;

(C) Name and contact information of the person who performed the transaction on the credit seller’s and credit buyer’s behalf;

(D) The number of credits proposed to be transferred; and

(E) The price or equivalent value of the consideration (in US dollars) to be paid per metric ton of credit proposed for transfer, excluding any fees.

(b) After receiving the credit transfer form from the credit seller, the credit buyer must confirm the accuracy of the information contained in the credit transfer form using the CFP Online System.

(5) Broker. A credit seller or a credit buyer may elect to use a broker to facilitate the transfer of credits but may only use a broker who complies with this rule. A broker may only facilitate the transfer of credits if that broker:

(a) Has an approved and active registration under OAR 340-253-0500(4);

(b) Has an account on the CFP Online System; and

(c) Complies with OAR 340-253-0100(4).

(6) Illegitimate credits.

(a) A credit generator violates these rules if it submits information into the CFP Online System indicating that one or more credits have been generated when such an assertion is inconsistent with the requirements of OAR 340-253-1000 through 340-253-1020. If DEQ determines that one or more clean fuel credits a credit generator claims to have generated was not generated in compliance with these rules, then the credit generator:

(A) Must provide an approved clean fuel credit to replace each credit that was not properly generated, if available; and

(B) Is also subject to enforcement for the violation.

(b) A regulated party, credit generator or broker that has acquired one or more illegitimate credits is subject to enforcement unless DEQ determines:

(A) The credits were acquired from a registered regulated party, credit generator or broker with a CFP Online System account; and

(B) The carbon intensity value of the fuel for which the credits were generated matches the carbon intensity value approved by DEQ for that fuel pathway.

(7) Public disclosure.

(a) List of DEQ-approved registered parties. DEQ will maintain a current list of regulated parties, credit generators and brokers that have had their registrations approved by DEQ under OAR 340-253-0500(4) and will make that list available on-line. The list will include, at a minimum, the name of the regulated party, credit generator or broker and whether the regulated party is a large importer, a small importer or a producer.

(b) Clean Fuels Program status report. DEQ will publish a quarterly report that summarizes the aggregate CFP credit and deficit generation for the:

(A) Most recent quarter;

(B) Past quarters of the current compliance period; and

(C) Past annual compliance periods.

(c) Clean Fuels Program credit report. DEQ will publish a monthly report that summarizes the aggregate CFP credit transfer information for:

(A) Most recent month;

(B) Past months of the current compliance period; and

(C) Past annual compliance periods.

(d) DEQ reports will be based on information submitted into the CFP Online System.

(e) DEQ reports will represent information aggregated for all fuel transacted within the state; not by individual parties.

Stat. Auth.: ORS 468.020 & 2009 OL Ch. 754 Sec. 6 (2011 Edition)
Stats. Implemented: 2009 OL Ch. 754 Sec. 6 (2011 Edition)
Hist.: DEQ 3-2015, f. 1-8-15, cert. ef. 2-1-15

Deferrals

340-253-2000

Emergency Deferral Due to Clean Fuel Supply

(1) Determining whether to issue an emergency deferral. DEQ will issue an order declaring an emergency deferral from the clean fuel standard, if DEQ determines:

(a) There is a shortage of fuel that is needed for regulated parties to comply with the clean fuel standard, due to:

(A) A natural disaster; or

(B) An unanticipated disruption in production or transportation of clean fuels used for compliance, except disruptions for routine maintenance of a fuel production facility or fuel transmission system; and

(b) The magnitude of the shortage is greater than the equivalent of five percent of the total credits generated by all regulated parties and providers of clean fuels under OAR 340-253-1020 in the previous compliance period. To determine the magnitude of the shortage, DEQ will consider the following:

(A) The volume and carbon intensity of the fuel determined to be not available under subsection (1)(a);

(B) The estimated duration of the shortage;

(C) Whether one of the following options could mitigate compliance with the clean fuel standard:

(i) The same fuel from other sources is available;

(ii) Substitutes for the affected fuel and the carbon intensity values of those substitutes are available; or

(iii) Banked clean fuel credits are available; and

(D) Any other information DEQ may need to determine the magnitude of the shortage.

(2) Content of an emergency deferral. If DEQ determines under section (1) that it must issue a deferral, then DEQ will determine:

(a) The start date and end date of the emergency deferral period, which may not exceed one year (but which may be renewed if DEQ makes a subsequent determination under section (1);

(b) The fuel deferred from complying with the clean fuel standard; and

(c) Which of the following methods DEQ selects to defer compliance with the clean fuel standard during the temporary deferral period:

(A) Allowing deficits to be carried over into future compliance periods, notwithstanding OAR 340-253-1030(2) and 340-253-1030(3); or

(B) Suspending deficit accrual during the emergency deferral period.

(d) Credits will accrue during the emergency deferral period.

(3) Issuing an emergency deferral. An emergency deferral order DEQ issues under this rule must notify the affected parties and must contain at least the following information:

(a) DEQ’s determination under section (1);

(b) The deferral period as established under section (2);

(c) The fuel deferred as established under section (2); and

(d) The method selected by DEQ to comply as established under section (2).

Stat. Auth.: ORS 468.020 & 2009 OL Ch. 754 Sec. 6 (2011 Edition)
Stats. Implemented: 2009 OL Ch. 754 Sec. 6 (2011 Edition)
Hist.: DEQ 3-2015, f. 1-8-15, cert. ef. 2-1-15

340-253-2100

Forecasted Deferral Due to Clean Fuel Supply

(1) DEQ forecast. DEQ will use available data under section (2) to develop a fuel supply forecast for the next calendar year that includes:

(a) The potential volumes of gasoline substitutes and diesel fuel substitutes available in Oregon;

(b) The estimated total aggregate credits available;

(c) The estimated credits needed to meet the clean fuel standard; and

(d) A comparison of the estimates under subsections (1)(a) and (b) with (1)(c) to indicate the availability of fuel needed for compliance.

(2) Available data. DEQ will consider available data to develop the forecast including:

(a) Past Oregon fuel consumption volumes and trends;

(b) Oregon and nationwide trends in alternative fuel use;

(c) Information on numbers of alternative-fueled vehicles in Oregon;

(d) Banked clean fuel credits;

(e) Projected total transportation fuel consumption volumes in Oregon, including gasoline and diesel fuel;

(f) Planned projects in or near Oregon such as electric vehicle charging or natural gas fueling stations;

(g) The status of existing and planned clean fuel production facilities nationwide;

(h) Applicable updates to the carbon intensity values of fuels;

(i) Nationwide volumes for fuels required under the federal renewable fuel standard; and

(j) Any other information DEQ may need to develop the forecast.

(3) Determining whether to issue a forecasted deferral. If DEQ forecasts a shortfall in clean fuel credits under subsection (1)(d), and the shortfall is greater than the equivalent of five percent of the credits needed under (1)(c) to comply with the clean fuel standard, then DEQ will determine whether a forecasted deferral is needed by considering the following:

(a) Timing of fuel availability;

(b) Timing, duration and magnitude of the estimated clean fuel shortfall;

(c) Information in addition to material considered under section (2), on potential and current gasoline substitutes and diesel fuel substitutes, including:

(A) Production nationwide;

(B) Use in Oregon; and

(C) Clean fuel infrastructure development in Oregon; and

(d) Any other information DEQ may need in the analysis.

(4) Content of a forecasted deferral. If DEQ determines under section (3) that it must issue a forecasted deferral, DEQ will determine:

(a) The start date and end date of the forecasted deferral period, which may not exceed one year except that DEQ may renew that period if DEQ makes a subsequent determination under section (3));

(b) The fuel deferred from complying with the clean fuel standard; and

(c) Which of the following methods DEQ will use to defer compliance with the clean fuel standard during the forecasted deferral period:

(A) Defer the requirement to comply with the clean fuel standard for up to one year, and allow credits to accrue during the deferral period; or

(B) Propose that EQC revise the CFP through a rulemaking to:

(i) Amend the clean fuel standard;

(ii) Amend the clean fuel standard to extend beyond 2025, the year when Oregon must meet the lowest average carbon intensity values to allow for less stringent annual reductions while still reaching the same average carbon intensity value at the end of the period; or

(iii) Otherwise amend the CFP to address the forecasted fuel supply shortage, such as by adopting a multi-year deferral.

(5) Issuing a forecasted deferral. DEQ will issue a forecasted deferral order to the affected parties with the following information:

(a) DEQ’s determination under section (3);

(b) The deferral period as established under section (4);

(c) The fuel deferred as established under section (4); and

(d) The method selected by DEQ to comply as established under section (4).

Stat. Auth.: ORS 468.020 & 2009 OL Ch. 754 Sec. 6 (2011 Edition)
Stats. Implemented: 2009 OL Ch. 754 Sec. 6 (2011 Edition)
Hist.: DEQ 3-2015, f. 1-8-15, cert. ef. 2-1-15

340-253-2200

Monthly Fuel Price Deferral

(1) Definitions. As used in this rule:

(a) “Diesel Blends” means diesel fuel and diesel fuel blended with biodiesel.

(b) “Gasoline Blends” means gasoline and gasoline blended with ethanol.

(c) “Price evaluation threshold” means that the 12-month rolling weighted average price of gasoline blends or diesel blends in Oregon is more than five percent higher than the 12-month rolling weighted average price in the:

(A) Statutory PADD 5 for gasoline; or

(B) Statutory PADD 5 or, if unavailable, Actual PADD 5, for diesel fuel.

(2) Average price. Each month, DEQ will calculate the 12-month rolling average price for gasoline blends and diesel blends using data available from the U.S. Energy Information Administration or a comparable source, as follows:

(a) Oregon’s 12-month rolling average price. Each month, DEQ will calculate the Oregon 12-month rolling average price for gasoline blends and diesel blends.

(b) Gasoline 12-month rolling weighted-average price for PADD 5. Each month, DEQ will calculate the PADD 5 12-month rolling volume-weighted average price for gasoline blends using the statutory PADD 5 data.

(c) Diesel 12-month rolling weighted-average price for PADD 5. Each month, DEQ will calculate the PADD 5 12-month rolling volume-weighted average price for diesel blends using the actual PADD 5 or, if available, the statutory PADD 5 data.

(3) Determining need for cost mitigation. If the price of gasoline blends or diesel blends in Oregon exceeds the price evaluation threshold:

(a) DEQ will provide fuel data and analysis to EQC that includes the applicable information under sections (4) and (5);

(b) EQC will determine the need to mitigate the costs of complying with the clean fuel standard after considering the DEQ fuel data and analysis. EQC will direct DEQ to implement one or more cost mitigation strategies if EQC determines that:

(A) The price of Oregon gasoline blends or diesel blends exceeds the price evaluation threshold due to the costs of complying with the clean fuel standard; and

(B) Implementing one of the strategies under section (6) is necessary to mitigate the costs of compliance with the clean fuel standard.

(4) Determining whether the clean fuel standard caused the price evaluation threshold exceedance. EQC will determine whether the price of Oregon gasoline blends or diesel blends exceeds the price evaluation threshold due to the costs of complying with the clean fuel standard. DEQ will analyze and provide the following information to EQC:

(a) Whether fuel volume and price data is faulty or incomplete;

(b) Price of gasoline substitutes and diesel substitutes;

(c) Changes in demand for gasoline blends and diesel blends such as changes caused by:

(A) An increase in population; or

(B) An increase in fuel usage.

(d) A decrease in retail outlets for gasoline blends and diesel blends in Oregon;

(e) Natural or manmade disasters affecting Oregon but not the statutory PADD 5 as a whole;

(f) Regulatory change that affects Oregon but not the statutory PADD 5 as a whole;

(g) Change in the usage of reformulated gasoline or other special fuel in any state in the statutory PADD 5; and

(h) Any other information DEQ or EQC may need to determine whether the clean fuel standard caused the price of Oregon gasoline blends or diesel blends to exceed the price evaluation threshold.

(5) Factors in determining whether a price mitigation strategy is necessary. EQC will consider the following factors to determine whether it is necessary to mitigate the costs of compliance with the clean fuel standard, or whether the price of gasoline blends or diesel blends will fall below the price evaluation threshold within six months without implementing a cost mitigation strategy:

(a) Fuel price trends;

(b) Price of gasoline substitutes and diesel substitutes;

(c) Availability and use of gasoline substitutes and diesel substitutes in Oregon;

(d) Compliance schedule for the fuel;

(e) Future supply of gasoline substitutes and diesel substitutes; and

(f) Any other information DEQ or EQC may need to determine whether implementing standard cost mitigation strategy is necessary.

(6) Cost mitigation strategies. If EQC determines under subsection (3)(b) that mitigating the cost of compliance is necessary, it will order, and DEQ will implement, one of the following cost mitigation strategies with EQC-approved start and end dates:

(a) Suspending deficit accrual during a cost mitigation period and allowing credits to accrue during that period;

(b) Allowing credits to accrue and allowing deficits to be carried over into future compliance periods, notwithstanding OAR 340-253-1030(2) and 340-253-1030(3), during a cost mitigation period. EQC may allow deficits to be carried over for one, two, or three future compliance periods before the deficits must be reconciled;

(c) Suspending deficit accrual for a percentage of the fuel during the cost mitigation period and allowing credits to accrue during the period;

(d) Eliminating the requirement to comply with the clean fuel standard for up to one year; or

(e) Adopting any other price mitigation strategy that EQC determines to be necessary to effectively mitigate the cost of compliance.

(7) EQC reconsideration. EQC may reconsider and revise its determinations under sections (4) and (5) if the information it considered under those sections has changed. Based on that reconsideration, EQC may reconsider and revise or withdraw any cost mitigation strategies ordered under section (6).

(8) DEQ implementation. In implementing a cost mitigation strategy as EQC directs, DEQ will notify the affected parties with the following information:

(a) EQC’s determinations under sections (4) through (6);

(b) The start date and end date for the cost mitigation strategy period;

(c) The fuel(s) affected by the price mitigation strategy; and

(d) The cost mitigation strategy that EQC adopted under section (6).

Stat. Auth.: ORS 468.020 & 2009 OL Ch. 754 Sec. 6 (2011 Edition)
Stats. Implemented: 2009 OL Ch. 754 Sec. 6 (2011 Edition)
Hist.: DEQ 3-2015, f. 1-8-15, cert. ef. 2-1-15

340-253-3010 [Renumbered to 340-253-8030]

340-253-3020 [Renumbered to 340-253-8040]

340-253-3030 [Renumbered to 340-253-8060]

340-253-3040 [Renumbered to 340-253-8070]

340-253-3050 [Renumbered to 340-253-8080]

340-253-8010

Table 1 — Oregon Clean Fuel Standard for Gasoline and Gasoline Substitutes

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

Stat. Auth.: ORS 468.020 & 2009 OL Ch. 754 Sec. 6 (2011 Edition)
Stats. Implemented: 2009 OL Ch. 754 Sec. 6 (2011 Edition)
Hist.: DEQ 3-2015, f. 1-8-15, cert. ef. 2-1-15

340-253-8020

Table 2 — Oregon Clean Fuel Standard for Diesel Fuel and Diesel Substitutes

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

Stat. Auth.: ORS 468.020 & 2009 OL Ch. 754 Sec. 6 (2011 Edition)
Stats. Implemented: 2009 OL Ch. 754 Sec. 6 (2011 Edition)
Hist.: DEQ 3-2015, f. 1-8-15, cert. ef. 2-1-15

340-253-8030

Table 3 — Oregon Carbon Intensity Lookup Table for Gasoline and Gasoline Substitutes

NOTE: DEQ recognizes that indirect effects, including indirect land use change, are real. However the methodologies to quantify these effects are still in development. DEQ intends to monitor the science of indirect effect and will adjust carbon intensity values through future rulemaking as methodologies improve.

NOTE: Renumbered from 340-253-3010.

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

Stat. Auth.: ORS 468.020 & 2009 OL Ch. 754 Sec. 6 (2011 Edition)
Stats. Implemented: 2009 OL Ch. 754 Sec. 6 (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; Renumbered from 340-253-3010 by DEQ 3-2015, f. 1-8-15, cert. ef. 2-1-15

340-253-8040

Table 4 — Oregon Carbon Intensity Lookup Table for Diesel and Diesel Substitutes

NOTE: DEQ recognizes that indirect effects, including indirect land use change, are real. However the methodologies to quantify these effects are still in development. DEQ intends to monitor the science of indirect effect and will adjust carbon intensity values through future rulemaking as methodologies improve.

NOTE: Renumbered from 340-253-3020

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

Stat. Auth.: ORS 468.020 & 2009 OL Ch. 754 Sec. 6 (2011 Edition)
Stats. Implemented: 2009 OL Ch. 754 Sec. 6 (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; Renumbered from 340-253-3020 by DEQ 3-2015, f. 1-8-15, cert. ef. 2-1-15

340-253-8050

Table 5 — Summary Checklist of Quarterly Progress and Annual Compliance Reporting Requirements

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

Stat. Auth.: ORS 468.020 & 2009 OL Ch. 754 Sec. 6 (2011 Edition)
Stats. Implemented: 2009 OL Ch. 754 Sec. 6 (2011 Edition)
Hist.: DEQ 3-2015, f. 1-8-15, cert. ef. 2-1-15

340-253-8060

Table 6 — Oregon Energy Densities of Fuels

NOTE: Renumbered from 340-253-3030.

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

Stat. Auth.: ORS 468.020 & 2009 OL Ch. 754 Sec. 6 (2011 Edition)
Stats. Implemented: 2009 OL Ch. 754 Sec. 6 (2011 Edition)
Hist.: DEQ 8-2012, f. & cert. ef. 12-11-12; Renumbered from 340-253-3030 by DEQ 3-2015, f. 1-8-15, cert. ef. 2-1-15

340-253-8070

Table 7 — Oregon Energy Economy Ratio Values for Fuels Used as Gasoline Substitutes

NOTE: Renumbered from 340-253-3040.

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

Stat. Auth.: ORS 468.020 & 2009 OL Ch. 754 Sec. 6 (2011 Edition)
Stats. Implemented: 2009 OL Ch. 754 Sec. 6 (2011 Edition)
Hist.: DEQ 8-2012, f. & cert. ef. 12-11-12; Renumbered from 340-253-3040 by DEQ 3-2015, f. 1-8-15, cert. ef. 2-1-15

340-253-8080

Table 8 — Oregon Energy Economy Ratio Values for Fuels Used as Diesel Substitutes

NOTE: Renumbered from 340-253-3050.

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

Stat. Auth.: ORS 468.020 & 2009 OL Ch. 754 Sec. 6 (2011 Edition)
Stats. Implemented: 2009 OL Ch. 754 Sec. 6 (2011 Edition)
Hist.: DEQ 8-2012, f. & cert. ef. 12-11-12; Renumbered from 340-253-3050 by DEQ 3-2015, f. 1-8-15, cert. ef. 2-1-15

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

Oregon State Archives • 800 Summer St. NE • Salem, OR 97310