The Economic Benefit (EB) is the approximate dollar value of the benefit gained
and the costs avoided or delayed (without duplication) as a result of the
respondent's noncompliance. Except as provided in (3), the EB will be
determined using the U.S. Environmental Protection Agency's BEN computer model.
DEQ may make, for use in the model, a reasonable estimate of the benefits
gained and the costs avoided or delayed by the respondent.
(2) Upon request of the respondent, DEQ will
provide the name of the version of the model used and respond to any reasonable
request for information about the content or operation of the model. The
model's standard values for income tax rates, inflation rate and discount rate
are presumed to apply to all respondents unless a specific respondent can
demonstrate that the standard value does not reflect the respondent's actual
For violations of
the Clean Fuels Program in OAR Chapter 340, division 253, DEQ will determine
economic benefit according to subsections (a),(b), or (c), with interest and
other considerations as needed to properly capture the full economic benefit of
(a) the actual purchase or
sale price of the credits, or the implied value of the credits in a fuel
transaction, when a transaction has been completed, if DEQ has sufficient
information to determine it; or
the average price of credits purchased or sold in the Clean Fuels Program
market as published by DEQ for the time period relevant to the violation;
the Credit Clearance Market
maximum credit price as calculated under OAR 340-253-1040
, where a transaction
has not been completed or DEQ has insufficient information to determine the
price of the credits.
(4) DEQ need not calculate EB if DEQ makes a
reasonable determination that the EB is de minimis or if there is insufficient
information on which to make an estimate under this rule.
DEQ may assess EB whether or not it
assesses any other portion of the civil penalty using the formula in OAR
(6) DEQ's calculation
of EB may not result in a civil penalty for a violation that exceeds the
maximum civil penalty allowed by rule or statute. However, when a violation has
occurred or been repeated for more than one day, DEQ may treat the violation as
extending over at least as many days as necessary to recover the economic
benefit of the violation.
Or. Admin. R.
DEQ 4-2005, f. 5-13-05,
cert. ef. 6-1-05; DEQ 1-2014, f. & cert. ef. 1-6-14;
199-2018, amend filed 11/16/2018, effective
14-2020, amend filed 05/07/2020, effective
Statutory/Other Authority: ORS
468.090 - 468.140
Statutes/Other Implemented: ORS
468.140 & 468.996