Or. Admin. Code § 340-215-0034 - Changes in Ownership and Cessation of Reporting Requirements
(1) Cessation of
reporting for reduced emissions.
(a) A
regulated entity is no longer required to report if the regulated entity
retains records as required in subsection (b), makes the report required in
subsection (c), and if any of the following are applicable:
(A) Direct total reported emissions for
stationary sources required to register and report under OAR
340-215-0030(2)
are less than 2,500 MT CO2e per year for a
consecutive three year period. If total reported emissions for a stationary
source meets or exceeds 2,500 MT CO2e in any year after the reporting cessation
requirements have been met, persons that own or operate the stationary source
must resume reporting as required under this division;
(B) Fuel suppliers, including natural gas
suppliers, and in-state producers that cease to supply fuel in Oregon after
submitting an emissions data report for the year in which they ceased to supply
fuel in Oregon, provided that:
(i) Fuel
suppliers and in-state producers that cease to have a reporting obligation due
to a change in ownership or that cease to do business in Oregon must report
emissions from the reportable fuel transactions that occurred up to the date of
the change in ownership or up to the date the business ceases to operate in the
state; and
(ii) If a fuel supplier
or in-state producer supplies fuel in Oregon in any year after the reporting
cessation requirements have been met, the fuel supplier must resume reporting
as required under this division;
(C) Electricity suppliers that cease to
supply electricity in Oregon, after submitting an emissions data report for the
year in which they ceased to supply electricity in Oregon. If an electricity
supplier provides electricity in Oregon in any year after the reporting
cessation requirements have been met, the electricity supplier must resume
reporting as required under this division.
(b) Persons that cease reporting under this
section and are no longer subject to reporting under this division must retain
the records required under OAR
340-215-0042 for a period of
five years following the last year that they were subject to reporting,
including all production information, fuel use records, emission calculations
and other records used to document greenhouse gas emissions. Persons meeting
cessation requirements specified in paragraph (1)(a)(A) must retain records for
each of the three consecutive years that the person does not meet or exceed the
emission threshold for a period of five years following the last year they met
the cessation requirements; and
(c)
Persons that meet the applicable cessation of reporting requirements of this
section must notify DEQ in writing of their reason(s) for ceasing to report no
later than the applicable reporting deadline for the year.
(2) Cessation of reporting when a stationary
source is permanently shut down. If the operations of a stationary source are
changed such that all applicable greenhouse gas emitting processes and
operations permanently cease to operate or are shut down, then:
(a) The person that owns or operates the
stationary source must submit an emissions data report for the year in which
the source's greenhouse gas emitting processes and operations ceased to
operate;
(b) The person that owns
or operates the stationary source must submit a written notification to DEQ
that announces the cessation of reporting and certifies to the cessation of all
greenhouse gas emitting processes and operations no later than the reporting
deadline of the year following the cessation of operations or permanent
shutdown; and
(c) This section does
not apply to seasonal operational cessations, other temporary cessation of
operations, or solid waste disposal facilities that are required to report
under 40 C.F.R. part 98.
(3) Changes in ownership or operational
control. If a regulated entity undergoes a change of ownership or operational
control, the following requirements apply regarding reporting and providing
notice to DEQ:
(a) The new person that owns or
operates the regulated entity must notify DEQ in writing of the ownership or
operational control change within 30 calendar days of the ownership or
operation control change, including providing the following information:
(A) The name of the previous owner or
operator;
(B) The name of the new
owner or operator;
(C) The date of
ownership or operator change;
(D)
The name of a new designated representative;
(E) The name of persons managing data and
records required to be reported by this division; and
(F) Any changes to information reported in
compliance with OAR 340-215-0040(6).
(b) Reporting responsibilities. The person
that owns or operates the regulated entity at the time of a reporting deadline
specified in this division has the responsibility for complying with the
requirements of this division, and:
(A)
Except as specified in paragraph (B), if an ownership change takes place during
the year, reported data must not be split or subdivided for the year, based on
ownership. A single annual emissions data report must be submitted by the
person that owns or operates the regulated entity at the time of the applicable
reporting deadline; and
(B) If an
ownership change to a fuel supplier or in-state producer takes place during the
year, reported data may be subdivided for the year in compliance with OAR
340-215-0034(1)(a)(B)(i)
provided that the person that owns or operates the regulated entity at the time
of the applicable reporting deadline ensures that all the requirements of this
division are met by the prior owner or operator.
(4) Any person specified in OAR
340-215-0030 that has ceased
reporting under this rule must resume reporting for any future year during
which any of the greenhouse gas emitting processes or operations resume
operation and are subject to reporting as required by this division.
Notes
Statutory/Other Authority: ORS 468A.050 & 468A.280
Statutes/Other Implemented: ORS 468 & 468A
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