Or. Admin. Code § 340-253-0040 - Definitions
The definitions in OAR 340-200-0020, 340-272-0020, 340-257-0030, and this rule apply to this division. If the same term is defined in this rule and in another listed rule, the definition in this rule applies to this division. If a term that is not defined in this rule is defined in more than one of the other rules referenced in the preceding sentence, then the definition that applies shall be the definition in OAR 340-272-0020, if any, or else the definition in OAR 340-257-0030 will apply.
(1) "Above the rack" means sales of
transportation fuel at pipeline origin points, pipeline batches in transit,
barge loads in transit, and at terminal tanks before the transportation fuel
has been loaded into trucks.
(2)
"Advance Credits" refers to credits advanced under OAR
340-253-1100 for actions that
will result in real reductions of the carbon intensity of Oregon's
transportation fuels.
(3)
"Aggregation indicator" means an identifier for reported transactions that are
a result of an aggregation or summing of more than one transaction of the same
type with, where applicable, the same business partner. An entry of "True"
indicates that multiple transactions have been aggregated and are reported with
a single transaction number. An entry of "False" indicates that the record
reports a single fuel transaction.
(4) "Aggregator" or "Credit aggregator" means
a person who registers to participate in the Clean Fuels Program, described in
OAR 340-253-0100(3),
on behalf of one or more credit generators to facilitate credit generation and
trade credits.
(5) "Aggregator
designation form" means a DEQ-approved document that specifies that a credit
generator has designated an aggregator to act on its behalf.
(6) "Alternative Fuel Portal" or "AFP" means
the portion of the Oregon Fuels Reporting System where fuel producers can
register their production facilities and submit fuel pathway code applications
and physical pathway demonstrations.
(7) "Alternative Jet Fuel" means a fuel, made
from petroleum or non-petroleum sources, which can be blended and used with
conventional petroleum jet fuels without the need to modify aircraft engines
and existing fuel distribution infrastructure. The fuel must have a lower
carbon intensity than the applicable annual standard under Table 3 under OAR
340-253-8010. This includes
alternative jet fuel derived from co-processed feedstocks at a conventional
petroleum refinery.
(8) "Animal
fat" means the inedible fat that originates from a rendering facility as a
product of rending the by-products from meat processing facilities, including
animal parts, fat, and bone. "Animal fat" includes all yellow grease except for
the quantity of the yellow grease that is used cooking oil as documented by
evidence provided to a verifier or DEQ.
(9) "Application" means the type of vehicle
where the fuel is consumed, shown as either LDV/MDV or HDV.
(10) "Atmospheric leakage" means the intended
or unintended CO2 leakage from a storage reservoir to the surface and
atmosphere.
(11) "B5" means diesel
fuel containing 5 percent biodiesel.
(12) "Backstop aggregator" means a qualified
entity approved by DEQ under OAR
340-253-0330 to aggregate
credits for electricity used as a transportation fuel, when those credits would
not otherwise be generated.
(13)
"Battery electric vehicle" or "BEV" means any vehicle that operates solely by
use of a battery or battery pack, or that is powered primarily through the use
of an electric battery or battery pack but uses a flywheel or capacitor that
stores energy produced by the electric motor or through regenerative braking to
assist in vehicle operation.
(14)
"Base credits" refers to electricity credits that are generated by the carbon
reduction between the gasoline or diesel standard and the carbon intensity of
grid or utility electricity.
(15)
"Below the rack" means sales of clear or blended gasoline or diesel fuel where
the fuel is being sold as a finished fuel for use in a motor vehicle.
(16) "Bill of lading" means a document issued
that lists goods being shipped and specifies the terms of their
transport.
(17) "Bio-based" means a
fuel produced from non-petroleum, biogenic renewable resources.
(18) "Biodiesel" means a motor vehicle fuel
consisting of mono-alkyl esters of long chain fatty acids derived from
vegetable oils, animal fats, or other nonpetroleum resources, not including
palm oil, designated as B100 and complying with ASTM D6751.
(19) "Biodiesel blend" means a fuel comprised
of a blend of biodiesel with petroleum-based diesel fuel, designated BXX. In
the abbreviation BXX, the XX represents the volume percentage of biodiesel fuel
in the blend.
(20) "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.
(21) "Biomass" means non-fossilized and
biodegradable organic material originating from plants, animals, or
micro-organisms, including: products, byproducts, residues and waste from
agriculture, forestry, and related industries; the non-fossilized and
biodegradable organic fractions of industrial and municipal wastes; and gases
and liquids recovered from the decomposition of nonfossilized and biodegradable
organic material.
(22) "Biomethane"
or "Renewable Natural Gas" means refined biogas, or another synthetic stream of
methane from renewable resources, 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.
(23) "Blendstock" means a fuel component that
is either used alone or is blended with one or more other components to produce
a finished fuel used in a motor vehicle. A blendstock that is used directly as
a transportation fuel in a vehicle is considered a finished fuel.
(24) "Bulk system" means a fuel distribution
system consisting of refineries, pipelines, vessels and terminals. Fuel storage
and blending facilities that are not fed by pipeline or vessel are considered
outside the bulk transfer system.
(25) "Business partner" refers to the second
party that participates in a specific transaction involving the regulated
party. This can either be the buyer or seller of fuel, whichever applies to the
specific transaction.
(26)
"Buy/Sell Board" means a section of the Oregon Fuels Reporting System where
registered parties can post that they are interested in buying or selling
credits.
(27) "Book and claim"
refers to the accounting methodology where the environmental attributes of an
energy source are detached from the physical molecules or electricity when they
are commingled into a common transportation and distribution system for that
form of energy. The detached attributes are then assigned by the owner to the
same form and amount of energy when it is used. For the purposes of this
division, the common transportation and distribution system must be connected
to Oregon.
(28) "Brown grease"
means an emulsion of fat, oil, grease, solids, and water separated from
wastewater in a grease interceptor, or grease trap, and collected for use as a
fuel feedstock. Brown grease must be reported under an applicable used cooking
oil pathway, i.e., reported as "unprocessed UCO" only if evidence is provided
to the verifier or DEQ to confirm that it has not been processed prior to
receipt by the fuel production facility.
(29) "Byproduct" means a secondary product
with marginal economic value outside of its use in a biofuel pathway.
(30) "Carbon capture and sequestration
project" or "CCS project" means a project that captures carbon dioxide by an
eligible fuel producer under this division, transports that CO2 to an injection
site, and injects and permanently sequesters that CO2 into the
ground.
(31) "Carbon intensity" or
"CI" means the amount of lifecycle greenhouse gas emissions per unit of energy
of fuel expressed in grams of carbon dioxide equivalent per megajoule
(gCO2e/MJ).
(32) "Carryback credit"
means a credit that was generated during or before the prior compliance period
that a regulated party acquires between January 1st and April 30th of the
current compliance period to meet its compliance obligation for the prior
compliance period.
(33) "Clean
fuel" means a fuel whose carbon intensity is lower than the applicable clean
fuel standard, which:
(a) For gasoline and
gasoline substitutes and alternatives, is listed in Table 1 under OAR
340-253-8010;
(b) For diesel and diesel substitutes and
alternatives, is listed in Table 2 under OAR
340-253-8010; or
(c) For alternative jet fuel, is listed in
Table 3 under OAR 340-253-8010.
(34) "Clean fuel standard" or "Low
carbon 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
340-253-8010 for diesel fuel and
diesel substitutes.
(35) "Clear
diesel" means a light middle or middle distillate grade diesel fuel derived
from crude oil that has not been blended with a renewable fuel.
(36) "Clear gasoline" means gasoline derived
from crude oil that has not been blended with a renewable fuel.
(37) "CO2 leakage" means any movement of
stored CO2 out of the intended sequestration zone and out of the storage
complex.
(38) "Compliance period"
means each calendar year during which regulated parties must demonstrate
compliance.
(39) "Compressed
natural gas" or "CNG" means natural gas stored inside a pressure vessel at a
pressure greater than the ambient atmospheric pressure outside of the
vessel.
(40) "Co-processing" means
the processing and refining of renewable or alternative low-carbon feedstocks
intermingled with crude oil and its derivatives at petroleum
refineries.
(41) "Co-product" means
a product with significant market value that is produced alongside a main
primary product.
(42) "Credit"
means a unit of measure generated when a fuel with a carbon intensity that is
less than the applicable clean fuel standard is produced, imported, or
dispensed for use in Oregon, such that one credit is equal to one metric ton of
carbon dioxide equivalent not emitted as a result of the use of the fuel as
compared to a fuel that precisely met the clean fuel standard.
(43) "Credit buyer" means a registered party
that acquires credits from another registered party.
(44) "Credit facilitator" means a person in
the Oregon Fuels Reporting System that a regulated party designates to initiate
and complete credit transfers on behalf of the regulated party.
(45) "Credit generator" means a 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 under OAR
340-253-0320 through
340-253-0340.
(46) "Credit seller" means a registered party
that sells or transfers credits to another registered party.
(47) "Crude oil" means any naturally
occurring flammable mixture of hydrocarbons found in geologic
formations.
(48) "Deferral" means a
delay or change in the applicability of a scheduled applicable clean fuel
standard for a period of time, accomplished pursuant to an order issued under
OAR 340-253-2000 or -2100, or under
ORS 468A.273 and
468A.274.
(49) "Deficit" means a unit of measure
generated when a fuel with a carbon intensity that is more than the applicable
clean fuel standard is produced, imported, or dispensed for use in Oregon, such
that one deficit is equal to one metric ton of carbon dioxide equivalent
emitted as a result of the use of the fuel as compared to a fuel that precisely
met the clean fuel standard.
(50)
"Denatured fuel ethanol" or "Ethanol" means nominally anhydrous ethyl alcohol
meeting ASTM D 4806 standards. It is intended to be blended with gasoline for
use as a fuel in a spark-ignition internal combustion engine. Before it is
blended with gasoline, the denatured fuel ethanol is first made unfit for
drinking by the addition of substances approved by the Alcohol and Tobacco Tax
and Trade Bureau.
(51) "Diesel
fuel" or "diesel" means either:
(a) A light
middle distillate or middle distillate fuel suitable for compression ignition
engines blended with not more than 5 volume percent biodiesel and conforming to
the specifications of ASTM D975 or;
(b) A light middle distillate or middle
distillate fuel blended with at least 5 and not more than 20 volume percent
biodiesel suitable for compression ignition engines conforming to the
specifications of ASTM D7467.
(52) "Diesel substitute" means a liquid fuel,
other than diesel fuel, suitable for use as a compression-ignition piston
engine fuel.
(53) "Distillers
grains and solubles" or "DGS" is a coproduct of ethanol production rich in
protein and fiber, typically used for animal feed. DGS is subcategorized as
Dry, Modified, or Wet (DDGS, MDGS, WDGS, respectively) based on the extent of
moisture removal at an ethanol production facility.
(54) "Duty-cycle testing" means a test
procedure used for emissions and vehicle efficiency testing.
(55) "E10" means gasoline containing 10
volume percent fuel ethanol.
(56)
"Energy economy ratio" or "EER" means the dimensionless value that represents:
(a) The efficiency of a fuel as used in a
powertrain as compared to a reference fuel; or
(b) The efficiency of a fuel per passenger
mile, for fixed guideway applications.
(57) "Electric cargo handling equipment" or
"eCHE" means any off-road, self-propelled vehicle or equipment, other than yard
trucks, used at a port or intermodal rail yard to lift or move container, bulk,
or liquid cargo carried by ship, train, or another vehicle, or used to perform
maintenance and repair activities that are routinely scheduled or that are due
to predictable process upsets. This equipment uses electric batteries to store
propulsion and functional energy and only has electric motors. Equipment
includes, but is not limited to, rubber-tired gantry cranes, top handlers, side
handlers, reach stackers, loaders, aerial lifts, excavators, tractors, and
dozers.
(58) "Electric transport
refrigeration units" or "eTRUs" means refrigeration systems powered by
electricity designed to refrigerate or heat perishable products that are
transported in various containers, including, but not limited to,
semi-trailers, truck vans, shipping containers, and rail cars.
(59) "Electric ground support equipment" or
"eGSE" means self-propelled vehicles used off-road at airports to support
general aviation activities that use electric batteries for propulsion and
functional energy and only has electric motors. For the purpose of this
division, that includes, but is not limited to, pushbacks, belt loaders, and
baggage tractors.
(60) "Electric
forklift" or "eForklift" means a Class I, II, or III powered industrial truck
as defined by the US Occupational Safety and Health Administration in the
December 1, 1998 Powered Industrial Truck Operator Training final rule
notice.
(61) "Electric service
supplier" has the same definition as in OAR 860-038-005.
(62) "Emergency period" is the period of time
in which an Emergency Action under OAR
340-253-2000 is in
effect.
(63) "Emissions factor" is
a measure of greenhouse gas emissions per unit of a specific product or
activity (such as grams of CO2 emitted per mile transported). Emissions factors
are used extensively in Tier 1 calculators to provide simplified results of
more complex lifecycle analysis equations derived from the OR-GREET
model.
(64) "Environmental justice
community" means communities of color, communities experiencing lower incomes,
tribal communities, rural communities, coastal communities, communities with
limited infrastructure and other communities traditionally underrepresented in
public processes and adversely harmed by environmental and health hazards,
including but not limited to seniors, youth and persons with
disabilities.
(65) "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.
(66) "Feedstock
transfer document" means a document, or combination of documents, that
demonstrates the delivery of specified source feedstocks from the point of
origin to the fuel production facility as required under OAR
340-253-0400(6).
(67) "Finished fuel" means a transportation
fuel that can legally be used directly in a motor vehicle without requiring
additional chemical or physical processing.
(68) "Fish oil" means the fat that originates
from fish processing operations as a product of rendering fat from residual
fish parts.
(69) "Fixed guideway"
means a public transportation facility using and occupying a separate
right-of-way for the exclusive use of public transportation using rail, a fixed
catenary system, or an aerial tramway.
(70) "Fossil" means any naturally occurring
flammable mixture of hydrocarbons found in geologic formations such as rock or
strata. When used as an adjective preceding a type of fuel (e.g., "fossil
gasoline," or "fossil LNG"), it means the subset of that type of fuel that is
derived from a fossil source.
(71)
"Food scraps" is the organic portion of municipal solid waste that consists of
wastes derived from plants or animals for the explicit preparation for
consumption by humans or other animals that is predominantly disposed of by
landfilling, but sometimes by composting. This includes inedible waste from
foods processed or consumed at residences, hospitality facilities (such as
hotels, restaurants, amusement parks, stadiums, and special events),
institutions (such as hospitals, schools, and prisons) and grocery stores. Food
scraps do not include liquid wastes, fat/oils/greases (FOG) materials, or other
by-products of industrial food processing, manufacturing, and distribution
facilities.
(72) "Fuel pathway"
means a detailed description of all stages of fuel production and use for a
fuel, including feedstock generation or extraction, distribution, and
combustion of the fuel by the consumer. The fuel pathway is used to calculate
the carbon intensity of each fuel.
(73) "Fuel pathway code" or "FPC" means the
identifier used in the Oregon Fuels Reporting System that applies to a specific
fuel pathway as approved or issued under OAR
340-253-0400 through
0470.
(74) "Fuel pathway holder"
means the entity that has received a certified fuel pathway code from DEQ,
including those that are recertifications of a CARB-approved fuel pathway under
the process in OAR 340-253-0450.
(75) "Fuel production facility" means the
facility at which a regulated or opt-in fuel is produced. With respect to
biomethane, a fuel production facility means the facility at which the fuel is
upgraded, purified, or processed to meet the standards for injection to a
natural gas common carrier pipeline or for use in natural gas
vehicles.
(76) "Fuel supply
equipment" or "FSE" means equipment registered in the Oregon Fuels Reporting
System that dispenses alternative fuel into vehicles, including but not limited
to electric vehicle chargers, hydrogen fueling stations, and natural gas
fueling equipment.
(77) "Fugitive
methane" is methane emitted atmospherically from leaks, venting, or incomplete
combustion. Fugitive methane sources may be quantified either using standard
values or a site-specific energy balance of methane inside of the fuel pathway
system boundary.
(78) "Gasoline"
means a fuel suitable for spark ignition engines and conforming to the
specifications of ASTM D4814.
(79)
"Gasoline substitute" means a liquid fuel, other than gasoline, suitable for
use as a spark-ignition engine fuel.
(80) "Green-e" or "Green-e Program" means the
certification program run by the Center for Resource Solutions.
(81) "Heavy duty vehicle" or "HDV" means any
motor vehicle rated at more than 10,000 pounds gross vehicle weight.
(82) "Hydroprocessed ester and fatty acid
fuel" or "HEFA fuel" means any lipid feedstock converted to transportation fuel
with the addition of hydrogen in the presence of a catalyst. HEFA fuel can
include renewable diesel, renewable naphtha, renewable propane, and alternative
jet fuel.
(83) "Gasification" means
the non-combustion thermal decomposition of biomass or organic matter in the
presence of limited oxygen, air, or steam to produce heat and a mixture of
gases, including but not limited to carbon monoxide, hydrogen, and solid
hydrocarbon products.
(84)
"Illegitimate credits" means credits that were not generated in compliance with
this division, as described in OAR
340-253-1005(7).
(85) "Import" means to have ownership title
to transportation fuel at the time it is brought into Oregon from outside the
state by any means of transport other than in the fuel tank of a motor vehicle
for the purpose of propelling that motor vehicle.
(86) "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
either physically transported into Oregon or injected into a pipeline located
outside of Oregon and contractually delivered for use in Oregon through a book
and claim accounting methodology.
(87) "Incremental aggregator" means a
qualified entity approved by DEQ under OAR
340-253-0330(10)
to earn incremental credits, when those credits would not otherwise be
claimed.
(88) "Incremental credit"
means a credit that is generated by an action to further lower the carbon
intensity of electricity from that of the statewide mix or a utility-specific
mix. Incremental credits are calculated from the difference between the carbon
intensity of the grid electricity and the carbon intensity of renewable
electricity.
(89) "Indirect land
use change" means the average lifecycle greenhouse gas emissions caused by an
increase in land area used to grow crops that is caused by increased use of
crop-based transportation fuels and expressed as grams of carbon dioxide
equivalent per megajoule of energy provided (gCO2e/MJ). Indirect land use
change values are listed in Table 10 under OAR
340-253-8010.
(a) Indirect land use change for fuel made
from corn feedstocks is calculated using the protocol developed by the Argonne
National Laboratory.
(b) Indirect
land use change for fuel made from sugarcane, sorghum, soybean, canola and palm
feedstocks is calculated using the protocol developed by the California Air
Resources Board.
(90)
"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.
(91) "Large importer of
finished fuels" means any person who imports into Oregon more than 500,000
gallons of finished fuels in a given calendar year.
(92) "Light-duty vehicle" or "LDV" means any
motor vehicle rated at 8,500 pounds gross vehicle weight or less.
(93) "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.
(94) "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.
(95)
"Liquefied natural gas" or "LNG" means natural gas that has been
liquefied.
(96) "Liquefied
petroleum gas" or "propane" or "LPG" means a petroleum product composed
predominantly of any of the hydrocarbons, or mixture thereof; propane,
propylene, butanes and butylenes maintained in the liquid state.
(97) "Material information" means:
(a) Information that would result in a change
of the carbon intensity of a fuel, expressed in a gCO2e/MJ basis to two decimal
places; or
(b) Information that
would result in a change by any whole integer of the number of credits or
deficits generated under OAR
340-253-1000 through OAR
340-253-1030.
(98) "Missing data" means a loss
of reliable data for a period of time during which a piece of data is not
collected, is invalid, or is collected while the measurement device is not in
compliance with the applicable quality assurance requirements, such as
calibration requirements.
(99)
"Medium duty vehicle" or "MDV" means any motor vehicle rated between 8,501
pounds and 10,000 pounds gross vehicle weight.
(100) "Motor vehicle" means any vehicle,
vessel, watercraft, engine, machine, or mechanical contrivance that is
self-propelled.
(101) "M-RETS
Renewable Thermal" means the electronic tracking and trading system for North
American biomethane and other renewable thermal attributes run by the M-RETS
organization. The attributes are serialized and issued as renewable thermal
certificates. For the purposes of this division, only the biomethane or
renewable natural gas certificates generated by this system are recognized as
legitimate.
(102) "Multi-family
housing" means a structure or facility established primarily to provide housing
that provides four or more living units, and where the individual parking
spaces that an electric vehicle charger serves, and the charging equipment
itself, are not deeded to or owned by a single resident.
(103) "Natural gas" means a mixture of
gaseous hydrocarbons and other compounds with at least 80 percent methane by
volume.
(104) "Natural gas common
carrier pipeline" means a natural gas pipeline that offers natural gas
transportation services to any third party under a standard set of terms. For
the purpose of this division, any common carrier pipeline used for book and
claim must be part of a larger network directly or indirectly connected to
Oregon.
(105) "Oregon Fuels
Reporting System" means the interactive, secured, web-based, electronic data
tracking, reporting and compliance system that DEQ develops, manages and
operates to support the Clean Fuels Program.
(106) "Oregon Fuels Reporting System
reporting deadlines" means the quarterly and annual reporting dates in OAR
340-253-0630 and in
340-253-0650.
(107) "OR-GREET" means the Greenhouse gases,
Regulated Emissions, and Energy in Transportation (GREET) model developed by
Argonne National Laboratory that DEQ modifies and maintains for use in the
Oregon Clean Fuels Program. The most current version is OR-GREET 4.0. DEQ has
made available a copy of OR-GREET 4.0 on its website (https://www.oregon.gov/deq/ghgp/cfp/Pages/Clean-Fuel-Pathways.aspx).
As used in this rule, OR-GREET refers to both the full model and the simplified
calculators that the program has adopted.
(108) "Ocean-Going Vessel" or "OGV" means a
commercial, government, or military watercraft meeting any one or more of the
following criteria:
(a) A vessel greater than
or equal to 400 feet in length overall;
(b) A vessel greater than or equal to 10,000
gross tons pursuant to the convention measurement (international system);
or
(c) A vessel propelled by a
marine compression ignition engine with a per-cylinder displacement of greater
than or equal to 30 liters.
(109) "OPGEE" or "OPGEE Model" means the Oil
Production Greenhouse Gas Emissions Estimator version 3.0b posted at
https://ww2.arb.ca.gov/fuelsresources/documents/lcfs/life-cycle-analysis-models-and-documentation.
(110) "Operating condition" means a specific
requirement developed by DEQ and accepted by a fuel producer or fuel pathway
holder as a condition of the approval of a fuel pathway application. These
conditions dictate operational changes and conditions, and how operational data
or other information must be gathered, kept, reported, or calculated for a fuel
pathway or set of pathways. They may also control how the fuel pathway can be
used in reporting.
(111)
"Operational data period" means the date range for site specific data in a
given fuel pathway application or annual fuel pathway report.
(112) "Organic waste" means material that
meets the definitions of both biomass and waste.
(113) "Physical transport mode" means the
applicable combination of actual fuel delivery methods, such as truck routes,
rail lines, pipelines and any other fuel distribution methods through which the
regulated party reasonably expects the fuel to be transported under contract
from the entity that generated or produced the fuel to any intermediate
entities and ending in Oregon.
(114) "Plug-In Hybrid Electric Vehicle" or
"PHEV" means a hybrid vehicle with the capability to charge a battery from an
off-vehicle electric energy source that cannot be connected or coupled to the
vehicle in any manner while the vehicle is being driven.
(115) "Position holder" means any person that
has an ownership interest in a specific amount of fuel in the inventory of a
terminal operator. This does not include inventory held outside of a terminal,
retail establishments, or other fuel suppliers not holding inventory at a fuel
terminal.
(116) "Power Purchase
Agreement" means a written agreement between an electricity service supplier
and a customer that specifies the source or sources of electricity that will
supply the customer.
(117) "Primary
product" is a product that a system is optimized to produce, and typically
represents the highest economic value of all system product outputs.
(118) "Producer" means:
(a) With respect to any liquid fuel and
renewable propane, the person who makes the fuel; or
(b) With respect to any biomethane, the
person who refines, treats or otherwise processes biogas into
biomethane.
(119)
"Product transfer document" or "PTD" means a document, or combination of
documents, that authenticates the transfer of ownership of fuel between parties
and must include all information identified in OAR
340-253-0600(2).
A PTD may include bills of lading, invoices, contracts, meter tickets, rail
inventory sheets or RFS product transfer documents.
(120) "Public transportation" means regular,
continuing shared passenger-transport services along set routes which are
available for use by the general public.
(121) "Public transit agency" means an entity
that operates a public transportation system.
(122) "Pyrolysis" means the non-combustion
thermal decomposition of biomass or organic matter by the addition of heat with
little or no added oxygen, air, or steam in order to produce a mixture of
liquids, solid hydrocarbon products, and combustible gases, including but not
limited to carbon monoxide, hydrogen, bio-oil, and biochar.
(123) "Rack" means a mechanism for delivering
fuel from a refinery or terminal into a truck, trailer, railroad car, or other
means of non-bulk transfer.
(124)
"Registered party" means a regulated party, credit generator, aggregator, or an
out-of-state fuel producer that has a DEQ-approved registration under OAR
340-253-0500(1)
to participate in the Clean Fuels Program.
(125) "Regulated fuel" means a transportation
fuel identified under OAR
340-253-0200(2) and
(3).
(126) "Regulated party" means a person
responsible for compliance with requirements listed under OAR
340-253-0100(1).
(127) "Related entity" means any direct
parent company, direct subsidiary, or a company with common ownership or
control.
(128) "Renewable
hydrocarbon diesel" or "renewable diesel" means a diesel fuel that is produced
from non-fossil renewable resources but is not a monoalkylester and which is
registered as a motor vehicle fuel or fuel additive under Title 40, part 79 of
the Code of Federal Regulations. This includes the renewable portion of a
diesel fuel derived from co-processing biomass with a petroleum
feedstock.
(129) "Renewable
hydrocarbon diesel blend" or "renewable diesel blend" means a fuel comprised of
a blend of renewable hydrocarbon diesel with petroleum or fossil-based diesel
fuel or biodiesel, designated RXX. In the abbreviation RXX, the XX represents
the volume percentage of renewable hydrocarbon diesel fuel in the
blend.
(130) "Renewable gasoline"
means a spark ignition engine fuel that substitutes for fossil gasoline and
that is produced from non-fossil renewable resources.
(131) "Renewable propane" means liquefied
petroleum gas (LPG, also known as propane) that is produced from non-fossil
renewable resources.
(132)
"Renewable naphtha" means naphtha that is produced from non-fossil renewable
resources.
(133) "Small importer of
finished fuels" means any person who imports into Oregon 500,000 gallons or
less of finished fuels in a given calendar year, including the aggregate total
of finished fuels imported by persons that are related, or share common
ownership or control.
(134)
"Specified source feedstocks" are feedstocks for fuel pathways that require
chain of custody evidence to be eligible for a reduced CI associated with the
use of a waste, residue, by-product, or similar material under the fuel pathway
certification process under OAR
340-253-0400(6).
(135) "Standard value" is an input value
established or developed by DEQ, which may be used under specified conditions
and is typically not subject to validation or verification.
(136) "Substitute fuel pathway code" means a
fuel pathway code that is used to report transactions that are sales or
purchases without obligation, exports, loss of inventory, not for
transportation use, and exempt fuel use when the seller of a fuel does not pass
along the credits or deficits to the buyer and the buyer does not have accurate
information on the carbon intensity of the fuel or its blendstocks.
(137) "Subsurface leakage" means CO2 leakage
from a storage reservoir that does not reach the atmosphere."
(138) "Tier 1 calculator", "Simplified
calculator" or "OR-GREET 4.0 Tier 1 calculator" means the tools used to
calculate lifecycle emissions for commonly produced fuels, including the
instruction manuals on how to use the calculators. DEQ will make available
copies of these simplified calculators and the instruction manual on its
website (https://www.oregon.gov/deq/Pages/index.aspx).
The simplified calculators used in the program are:
(a) Tier 1 Simplified Calculator for Starch
and Corn Fiber Ethanol;
(b) Tier 1
Simplified CI Calculator for Sugarcane-derived Ethanol;
(c) Tier 1 Simplified CI Calculator for
Biodiesel;
(d) Tier 1 Simplified CI
Calculator for LNG and L-CNG from North American Natural Gas;
(e) Tier 1 Simplified CI Calculator for
Biomethane from North American Landfills;
(f) Tier 1 Simplified CI Calculator for
Biomethane from Anaerobic Digestion of Wastewater Sludge;
(g) Tier 1 Simplified CI Calculator for
Biomethane from Food, Green and Other Organic Wastes;
(h) Tier 1 Simplified CI Calculator for
Biomethane from AD of Dairy and Swine Manure;
(i) Tier 1 Simplified CI Calculator for
Biomethane to Electricity from Anaerobic Digestion of Dairy and Swine
Manure;
(j) Tier 1 Simplified CI
Calculator for Hydrotreated Ester and Fatty Acid Fuels; and
(k) Tier 1 Simplified CI Calculator for
Hydrogen.
(139) "Tier 2
calculator" or "OR-GREET 4.0 model" means the tool used to calculate lifecycle
emissions for fuels that do not have a simplified calculator, including the
instruction manual on how to use the calculator. Next-generation fuels include,
but are not limited to, cellulosic alcohols, drop-in fuels, or fuels produced
using innovative production processes. DEQ will make available a copy of the
Tier 2 calculator on its website (https://www.oregon.gov/deq/Pages/index.aspx).
(140) "Transaction date" means the title
transfer date as shown on the PTD.
(141) "Transaction quantity" means the amount
of fuel reported in a transaction.
(142) "Transaction type" means the nature of
the fuel transaction as defined below:
(a)
"Produced in Oregon" means the transportation fuel was produced at a facility
in Oregon;
(b) "Import within the
bulk system" means the transportation fuel was imported into Oregon and placed
into the bulk system;
(c) "Import
outside the bulk system" means the transportation fuel was imported into Oregon
and delivered outside the bulk system;
(d) "Purchased with obligation" means the
transportation fuel was purchased with the compliance obligation passing to the
purchaser;
(e) "Purchased without
obligation" means the transportation fuel was purchased with the compliance
obligation retained by the seller;
(f) "Sold with obligation" means the
transportation fuel was sold with the compliance obligation passing to the
purchaser;
(g) "Sold without
obligation" means the transportation fuel was sold with the compliance
obligation retained by the seller;
(h) "Position holder sale without obligation"
means the transportation fuel was sold below the rack without a transfer of the
compliance obligation;
(i)
"Position holder sale with obligation" means the transportation fuel was sold
below the rack with a transfer of the compliance obligation;
(j) "Position holder sale for export" means
the transportation fuel was sold below the rack to an entity who exported the
fuel;
(k) "Purchase below the rack
for export" means the transportation fuel was purchased below the rack and
exported;
(l) "Export" means a
transportation fuel that was reported under the Clean Fuels Program but was
later moved from a location inside of Oregon to a location outside of
Oregon;
(m) "Loss of inventory"
means the fuel exited the Oregon fuel pool due to volume loss, such as through
evaporation or due to different temperatures or pressurization, or the fuel was
transferred to a new fuel pathway code;
(n) "Gain of inventory" means the fuel
entered the Oregon fuel pool due to a volume gain, such as through different
temperatures or pressurization, or the fuel was transferred from a different
fuel pathway code;
(o) "Not used
for transportation" means a transportation fuel that was used in an application
unrelated to the movement of goods or people, such as process heat at an
industrial facility, home or commercial building heating, or electric power
generation;
(p) "EV charging" means
providing electricity to recharge EVs including BEVs and PHEVs;
(q) "LPGV fueling" means the dispensing of
liquefied petroleum gas at a fueling station designed for fueling liquefied
petroleum gas vehicles;
(r) "NGV
fueling" means the dispensing of natural gas at a fueling station designed for
fueling natural gas vehicles;
(s)
"Exempt fuel use - Aircraft", "Exempt fuel use - Racing Activity Vehicles (ORS
801.404)", "Exempt fuel use -
Military tactical and support Vehicle and equipment", "Exempt fuel use -
Locomotive", "Exempt fuel use - Watercraft", "Exempt fuel use - Farm vehicles,
tractors, implements of husbandry", "Exempt fuel use - Motor trucks primary
used to transport logs", "Exempt fuel use - Off-highway construction vehicles
which must meet OAR 340-253-0250(2)(a)(J)"
means that the fuel was delivered or sold into the category of vehicles or fuel
users that are exempt under OAR
340-253-0250. Each of these
categories is further defined as follows:
(A)
"Aircraft" has the same definition as in ORS
836.005;
(B) "Racing Activity Vehicles" has the same
definitions in ORS 801.404;
(C) "Military tactical and support vehicle
and equipment" means a motor vehicle or equipment designed to be operated in
combat or to directly support combat, combat service support, tactical, or
relief operations that is owned by the United States Department of Defense, the
Oregon Military Department, or another United States military
service;
(D) "Railroad Locomotive"
means a locomotive operated on and by a railroad as defined in ORS
824.020(2);
(E) "Watercraft" means a vehicle designed for
exclusive operation in water;
(F)
"Farm Vehicles" means motor vehicles registered as farm vehicles under the
provisions of ORS 805.300;
(G) "Tractors" means Farm Tractors as defined
in ORS 801.265;
(H) "Implements of Husbandry" has the same
definition as in ORS 801.310;
(I) "Motor trucks primary used to transport
logs" means motor trucks, as defined in ORS
801.355, used primarily to
transport logs; and
(J)
"Off-highway construction vehicles" means motor vehicles that are not designed
primarily to transport persons or property, that are operated on highways only
incidentally and that are used primarily for construction
work;
(t) "Importing
production for import gallons inside of the bulk system" means reporting the
Import into Oregon of fuel from outside of Oregon into the bulk system;
and
(u) "Importing production for
import gallons outside of the bulk system" means reporting the import into
Oregon of fuel from outside of Oregon outside of the bulk
system.
(143)
"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.
(144)
"Technical corn oil", "Distillers corn oil", or "DCO" means inedible oil
recovered from thin stillage or the distiller's grains and solubles produced by
a dry mill corn ethanol plant, termed distiller's corn oil, or other non-food
grade corn oil from food processing operations.
(145) "Technical sorghum oil", "Distillers
sorghum oil", or "DSO" means inedible oil recovered from thin stillage or the
distiller's grains and solubles produced by a dry mill sorghum ethanol plant,
termed distiller's sorghum oil, or other non-food grade sorghum oil from food
processing operations.
(146) "Used
cooking oil" or "UCO" means fats and oils originating from commercial or
industrial food processing operations, including restaurants, that have been
used for cooking or frying. UCO does not include feedstock that contains any
material other than fats, oils, or greases that were previously used for
cooking or frying operations. There are two sub-categories of UCO, as follows:
(a) "Unprocessed UCO" means UCO that has not
been processed prior to its receipt by a fuel production facility, as
demonstrated by evidence provided to a verifier or DEQ; and
(b) "Processed UCO" means UCO that is not
unprocessed UCO.
(147)
"Urban landscaping waste" means organic municipal solid waste collected from
landscaping activities, including leaves, grass, branches, and
stumps.
(148) "Unit of fuel" means
fuel quantities expressed to the largest whole unit of measure, with any
remainder expressed in decimal fractions of the largest whole unit.
(149) "Unit of measure" means either:
(a) The International System of Units defined
in NIST Special Publication 811 (2008) commonly called the metric
system;
(b) US Customer Units
defined in terms of their metric conversion factors in NIST Special
Publications 811 (2008); or
(c)
Commodity Specific Units defined in either:
(A) The NIST Handbook 130 (2015), Method of
Sale Regulation; or
(B) OAR chapter
603, division 027.
(150) "Unspecified source of electricity" or
"unspecified source" means a source of electricity that is not a specified
source at the time of entry into the transaction to procure the electricity.
Such electricity will be assigned a smokestack emission factor of 0.428 metric
tons carbon dioxide equivalent per megawatt-hour and be treated as natural
gas-generated electricity in OR-GREET for the purpose of assigning an upstream
emissions factor.
(151) "Utility
Renewable Electricity Product" means a product where a utility customer has
elected to purchase renewable electricity through a product that retires
renewable energy certificates (RECs) or represents a bundled purchase of
renewable electricity and its RECs.
(152) "Wastewater sludge" is a residual,
semi-solid byproduct generated from wastewater treatment processes that can
serve as a feedstock for biogas production.
(153) "Yellow grease" means a commodity
produced from a mixture of used cooking oil and rendered animal fats that were
not used for cooking. This mixture is often combined from multiple points of
origin.
Notes
Publications referenced are available from the agency.
Statutory/Other Authority: ORS 468.020, 468A.266, 468A.268 & 468A.277
Statutes/Other Implemented: ORS 468.020 & ORS 468A.265 - 468A.277
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