Or. Admin. Code § 340-253-0450 - Obtaining a Carbon Intensity
(1) Fuel
producers can apply to obtain a carbon intensity by following the process to
obtain a carbon intensity under this rule.
(2) Applicants seeking approval to use a
carbon intensity that is currently approved by the CARB must provide:
(a) The application package submitted to
CARB;
(b) The CARB-approved Tier 1
or Tier 2 CA-GREET 4.0 calculator, and the OR-GREET 4.0 equivalent with the
fuel transportation distance and mode modified for the fuel pathway to
Oregon;
(c) The CARB review report
or staff summary for the approved fuel pathway;
(d) A positive or qualified positive
validation or verification statement for the pathway issued under the CARB
verification program required by California Code of Regulations Title 17,
§ 95500;
(e) Any other
supporting materials relating to the fuel pathway, as requested by DEQ;
and
(f) If the applicant is seeking
to use a provisional fuel pathway approved by CARB, then the applicant must
submit to DEQ the ongoing documentation it provides to CARB, and as required in
section (6). The applicant must provide DEQ within fourteen calendar days:
(A) Any additional documentation it has
submitted to CARB; and
(B) A
notification of any changes to the status of its CARB-approved provisional fuel
pathway.
(3)
Applicants seeking to obtain a carbon intensity using either the Tier 1 or Tier
2 calculator must submit the following information:
(a) Company name and full mailing
address;
(b) Company contact
person's contact information including the name, title or position, phone
number, mobile phone number, facsimile number, email address, and website
address;
(c) Facility name (or
names if more than one facility is covered by the application);
(d) Facility address (or addresses if more
than one facility is covered by the application);
(e) EPA's assigned Facility ID for facilities
covered by the RFS program;
(f)
Facility geographical coordinates (for each facility covered by the
application);
(g) Facility contact
person's contact information including the name, title or position, phone
number, mobile phone number, facsimile number, and email address;
(h) Facility nameplate production capacity in
million gallons per year for each facility covered by the application, or an
equivalent figure for facilities that do not produce liquid fuels;
(i) If applicable, consultant's contact
information including the name, title or position, phone number, mobile phone
number, facsimile number, email address, and website URL; and
(j) Declaration whether the applicant is
applying for a carbon intensity for a Tier 1 or Tier 2 fuel.
(4) In addition to the items in
section (3), applicants seeking to obtain a carbon intensity for a Tier 1 fuel
using one of the simplified calculators must submit the following and any other
materials or information related to the fuel pathway requested by DEQ:
(a) The applicable simplified calculator with
all necessary inputs completed, following the instructions in the applicable
instruction manual dated December 2024 for that calculator;
(b) The most recent RFS third party
engineering report, if one has been conducted for the facility; and
(c) Proof that the inputs completed in the
simplified calculator supplied under subsection (a) are correct in the form of
a positive or qualified positive verification statement from an approved
verification body, provided in compliance with OAR chapter 340, division 272,
stating that it has reviewed and validated all of the data used to form the
inputs for the Tier 1 calculator submitted under subsection (a).
(5) In addition to the items in
section (3), applicants seeking to obtain a carbon intensity for a Tier 2 fuel
using the full OR-GREET 4.0 model must first submit the information required in
subsections (b) through (h) to DEQ and request approval of their proposed
approach for modeling the carbon intensity of their pathway or pathways. In
response to such a submission, DEQ may either approve it, deny it, or approve
it with draft operating conditions that a verifier can use to determine the
scope of the verification services they must provide. If DEQ denies the
submission, DEQ must provide the applicant with an explanation why it was
denied, and the applicant may resubmit information to seek an approval. Once
the applicant gains DEQ's initial approval, they may then seek verification of
their application under OAR chapter 340, division 272, in order to satisfy
subsection (a). Then they must submit the following and any other materials or
information related to the fuel pathway requested by DEQ:
(a) Proof that the Tier 2 model inputs are
correct in the form of a positive or qualified positive verification statement
from an approved verification body, provided in compliance with OAR chapter
340, division 272, stating that it has reviewed and validated all the data used
to form the inputs for the Tier 2 calculator submitted under subsection
(c);
(b) The geographical
coordinates of the fuel production facility;
(c) A completed Tier 2 model;
(d) Process flow diagrams that depict the
complete fuel production process;
(e) Applicable air permits issued for the
facility;
(f) A copy of the RFS
third party engineering report, if available;
(g) A copy of the RFS fuel producer
co-products report; and
(h) A
lifecycle analysis report that describes the fuel pathway and describes in
detail the calculation of carbon intensity for the fuel. The report shall
contain sufficient detail to allow staff to replicate the carbon intensity the
applicant calculated. The applicant must describe all inputs to, and outputs
from, the fuel production process that are part of the fuel pathway.
(6) Applicants seeking a
provisional carbon intensity. If a fuel production facility has been in full
commercial production for at least 90 calendar days but less than 24 months, it
can apply for a provisional carbon intensity. An existing facility that
undergoes a major modification that affects its fuel production process and
energy use may also apply for a provisional carbon intensity.
(a) The applicant shall submit operating
records covering all periods of full commercial operation in accordance with
sections (2) through (5).
(b) DEQ
may approve the provisional carbon intensity under section (9).
(c) At any time before the plant reaches a
full 24 months of full commercial production, DEQ may revise as appropriate the
operational carbon intensity based on the required ongoing submittals or other
information it learns.
(d) If,
after a plant has been in full commercial production for more than 24 months of
full commercial production, the facility's operational carbon intensity is
higher than the provisionally certified carbon intensity, DEQ will replace the
certified carbon intensity with the operational carbon intensity in the Oregon
Fuels Reporting System and adjust the credit balance accordingly.
(e) If the facility's operational carbon
intensity appears to be lower than the certified carbon intensity, DEQ will
take no action. The applicant may, however, petition DEQ for a new carbon
intensity that reflects the operational data. In support of such a petition,
the applicant must submit a revised application packet that fully documents the
requested reduction.
(7)
Applicants employing co-processing at a petroleum refinery. Applicants
employing co-processing of biogenic feedstocks at a petroleum refinery must
submit all information required under sections (3) and (5).
(a) For the renewable diesel or other
renewable refinery product of the fuel, the applicant must also submit:
(A) The planned proportions of biogenic
feedstocks to be processed;
(B) A
detailed methodology for the attribution of biogenic feedstocks to the
renewable products; and
(C) The
corresponding carbon intensities from each biogenic feedstock.
(b) The attribution methodology
will be subject to approval by DEQ and may be modified at DEQ's discretion
based on ongoing reporting of production data at the refinery.
(c) DEQ may adjust the carbon intensities
applied for under this section as it determines is appropriate.
(8) Temporary Fuel Pathway Codes
for Fuels with Indeterminate Carbon Intensities. A registered party that has
purchased a fuel without a carbon intensity must submit a request to DEQ for
permission to use a temporary fuel pathway code found in Table 9 under OAR
340-253-8010, or a temporary
fuel pathway code otherwise approved and posted by DEQ under OAR
340-253-0450(12).
A fuel producer may also apply to DEQ for approval to have a temporary fuel
pathway code assigned to its facility.
(a)
The request must:
(A) Be submitted within 45
calendar days of the end of the calendar quarter for which the applicant is
seeking to use a temporary fuel pathway code; and
(B) Explain and document that the production
facility is unknown or that the production facility is known but there is no
approved fuel pathway code.
(b) Temporary fuel pathway codes may be used
for up to two calendar quarters. If more time is needed to obtain a carbon
intensity, the party that obtained the temporary fuel pathway must submit an
additional request to DEQ for an extension of the authorization to use a
temporary fuel pathway code.
(c) If
DEQ grants a request to use a temporary fuel pathway code, credits and deficits
may be generated subject to the quarterly reporting provisions in OAR
340-253-0630. DEQ may impose
conditions on the use of a temporary fuel pathway code by an applicant in order
to ensure the accuracy and proper reporting of the carbon intensity being
used.
(9) For hydrogen
Tier 1 or Tier 2 applications where the hydrogen is produced using either or
both biomethane and renewable electricity through a book and claim method:
(a) The producer of the hydrogen must submit
retirement records from an electronic tracking system recognized by DEQ such as
WREGIS or M-RETS Renewable Thermal on an annual basis demonstrating that the
environmental attributes of the renewable electricity and biomethane, as
applicable, were not claimed in any other program except for one or more of the
following:
(A) The federal RFS;
(B) Any federal tax credit program;
and
(C) The greenhouse gas
reporting program under OAR chapter 340, division 215 or an equivalent
emissions inventory applicable to hydrogen production that is out-of-state and
the producer is required to report its energy consumption to such an inventory;
and
(b) If the producer
of the hydrogen is making any claim regarding the use of the hydrogen as a
vehicle fuel under any program described in subsection (a), the producer's CFP
claim must be for the same use and volume of hydrogen as is being claimed in
the other program(s);
(10) Review and approval process to use
carbon intensities for fuels other than grid electricity and renewable
electricity with a deemed CI of zero under OAR
340-253-0470.
(a) For applications proposing to use
CARB-approved fuel pathways, including provisional fuel pathways, DEQ will:
(A) Confirm that the proposed fuel pathway is
consistent with OR-GREET 4.0; and
(B) Review the materials submitted under
subsection (2) and request additional materials if necessary.
(b) For applications proposing to
use a Tier 1 or Tier 2 calculator, DEQ may approve the application if it can:
(A) Replicate the calculator
outputs;
(B) Verify the energy
consumption and other inputs; and
(C) Agrees with the following in the
application:
(i) Its classification of its
feedstock(s);
(ii) The scope of its
lifecycle and, for Tier 2 applications, how the process has been modeled and if
the carbon intensity values are scientifically defensible in the DEQ's
engineering and scientific judgement;
(iii) Any modifications to emissions
factors;
(iv) Any other aspects of
the pathway(s) in the application that affect the carbon intensity
value.
(D) For Tier 2
pathway applications, if DEQ intends to approve an application, it first must:
(i) Present a review report with a proposed
carbon intensity value or values and operating conditions to the applicant or
applicants. If the applicant or applicants accept the proposed review report,
carbon intensity value(s) and operating conditions, DEQ will post the review
report and application on its website for a 14-day public comment period. DEQ
staff will work with the applicant to aggregate and summarize any submitted
data in order to ameliorate concerns regarding trade secrets included in the
application. The aggregated data must still allow external stakeholders to
understand the pathway(s) and carbon intensity value(s) that DEQ is proposing
to approve; and
(ii) Based on
comments received during that public comment period, DEQ may move forward with
approving the application as provided in this section, deny the application,
request additional information from the applicant or applicants, or modify the
review report. If DEQ modifies the review report or receives additional
information that has a material bearing on the proposed EER value, it will
issue the modified review report and any affected supplemental materials for
another round of public comment.
(c) If DEQ has approved or denied an
application for a carbon intensity under this rule, DEQ will notify the
applicant of its determination.
(d)
DEQ may impose conditions in its approval of a carbon intensity under this
rule. Conditions may include specific limitations, recordkeeping or reporting
requirements, adherence to protocols to assure carbon reduction or
sequestration claims, or operational conditions that DEQ determines should
apply to assure the ongoing accuracy and proper use of the approved carbon
intensity. Failure to meet those conditions may result in the carbon intensity
approval being revoked, an enforcement action being taken by DEQ, or both.
(A) For applicants seeking a provisional fuel
pathway, DEQ will specify the conditions used to establish the fuel pathway.
(i) In order to maintain an active
provisional fuel pathway eligible to generate credits, the applicant must file
the annual fuel pathway report and seek third-party verification if required
under OAR 340-253-0700.
(ii) At any point during the 24 months
following the certification of a provisional fuel pathway, DEQ may revise as
appropriate the CI score for the provisional fuel pathway based on new
information or a better understanding of the fuel pathway.
(iii) DEQ may remove the provisional status
of the fuel pathway after the applicant provides 24 months of operational data
with a positive or qualified positive verification status.
(iv) For fuel pathways that are not subject
to verification, DEQ may remove the provisional status upon review of 24 months
of operational data demonstrating that the fuel pathway data supports the
provisional CI.
(B) For a
CARB-approved fuel pathway that DEQ has approved for use in Oregon, if at any
time the fuel pathway approval is revoked by CARB then:
(i) The fuel pathway holder must inform DEQ
within seven calendar days of the revocation and provide DEQ with documentation
related to that decision.
(ii) Upon
DEQ request, the fuel pathway holder must provide to DEQ additional
documentation.
(iii) DEQ may at its
discretion revoke its approval of the fuel pathways for use in Oregon at any
time.
(iv) If CARB modifies its
approval of the fuel pathway, then the fuel pathway holder must notify DEQ of
the modification not later than 14 calendar days after CARB's modification and
must provide to DEQ any accompanying documentation the fuel pathway holder
received from CARB.
(v) Based on
the underlying facts that led to CARB's modification of the fuel pathway
status, within 30 calendar days DEQ may modify its approval, take no action, or
revoke its approval and will provide the fuel pathway holder with written
notice of its decision.
(e) In order to receive and maintain an
active fuel pathway code under this rule, the producer of any fuel must:
(A) Maintain an active registration with the
AFP;
(B) Provide proof of delivery
to Oregon through a physical pathway demonstration in the quarter in which the
fuel is first reported in the Oregon Fuels Reporting System;
(C) Comply with the requirements of this
division and OAR chapter 340, division 272. In addition to, and not in lieu of,
any other remedies for violations of this division, failure to timely submit an
annual fuel pathway report or a required verification statement for fuel
pathways will result in the deactivation of those fuel pathways;
(D) For non-provisional fuel pathways, a fuel
producer must inform DEQ within fourteen calendar days after it becomes aware
that its operational carbon intensity will exceed its certified carbon
intensity on one or more fuel pathways; and
(E) If a fuel pathway employs carbon capture
and sequestration, the fuel pathway holder or joint applicant must submit
annual reports of greenhouse gas emissions reductions, project operations, and
ongoing monitoring results. Reports must include measurements of relevant
parameters sufficient to ensure that the quantification and documentation of
CO2 sequestered is replicable and verifiable. DEQ may specify a protocol for
measuring and reporting such information in its approval of such an
application;
(f) Annual
Fuel Pathway Reports. Each fuel pathway holder must submit an annual fuel
pathway report into the AFP no later than March 31st of each calendar year. The
annual fuel pathway report must include:
(A)
The certified version of the simplified OR-GREET or full OR-GREET calculator,
as applicable, updated to include the most recent two calendar years of
operational data;
(B) If the fuel
pathway is a recertification of a CARB-approved fuel pathway, the fuel pathway
holder must comply with regulations under OAR
340-253-0450(10)(d)(B);
(C) The annual fuel pathway report for
renewable electricity and hydrogen pathways, in addition to the applicable
calculator, must include invoices or metering records substantiating the
quantity of renewable electricity or biomethane or low-CI inputs procured from
a qualifying source. If the renewable electricity, biomethane, or other
qualifying source of low-CI inputs is owned by another party, the unredacted
contract by which the fuel pathway holder obtained those environmental
attributes must be provided;
(D) If
a fuel or fuel production process involves biomethane, biogas, or renewable
electricity, the fuel producer must provide the attestation regarding
environmental attributes or proof of non-generation or retirement of any RECs
or RTCs as required by OAR
340-253-0640 or OAR
340-253-0470(5)(d);
and
(E) For biomethane injected
into a natural gas common carrier pipeline, then:
(i) The retirement records for the RTCs from
M-RETS Renewable Thermal or another renewable thermal tracking system
recognized by DEQ. The use of an electronic tracking system is required instead
of an attestation, and the specific volume of biomethane claimed as being used
as a feedstock for the fuel production process must have been injected into the
pipeline in the current or prior quarter as the fuel is being
produced;
(ii) If the renewable
electricity, biomethane, or other qualifying source of low-CI inputs is owned
by another party, the unredacted contract and unredacted invoices by which the
fuel pathway holder obtained those environmental attributes must be provided;
and
(iii) Biomethane can only be
claimed in this manner in a fuel pathway application as the feedstock for CNG,
LNG, L-CNG or hydrogen production, and cannot be claimed as an energy source
for another fuel production process;
(F) Any fuel pathway holder, including a
joint applicant, who is not subject to site visits by a third party verifier,
whose fuel pathway involves the use of renewable or low-CI process energy, must
submit invoices for that energy to the AFP. Additionally, for any renewable
electricity, including an on-site or directly connected generator, that is used
to reduce the carbon intensity of electricity used as a fuel or hydrogen
production via electrolysis, the fuel pathway holder must upload records
demonstrating that any renewable energy certificates generated were retired in
WREGIS or another comparable, recognized REC tracking system for the purpose of
lowering the certified CI, or for credit generation. Any offsite source of
renewable electricity must meet the qualifications in OAR
340-253-0470(5).;
(G) Any temporally-variable information that
was requested or required by DEQ to be included in the initial application as
supplemental information, or any required data or documentation listed in the
pathway's operating conditions;
(H)
Any additional information requested by DEQ after its review of the annual fuel
pathway report; and
(I) If the
verified operational CI as calculated from the operational data covering the
prior two calendar years of production is found to be lower than the certified
CI, and a positive verification statement is issued for this period, the fuel
pathway holder may elect to keep the original certified CI or may request to
replace the certified CI with the verified operational CI. The new certified CI
will take effect for the following reporting year. DEQ may elect to make the
new certified CI a provisional pathway if it determines that the fuel
production facility or fuel pathway has undergone a significant modification
from its original certification, or is a novel fuel or fuel pathway from that
facility. The fuel pathway holder may elect to add a margin of safety to the
new certified CI. Prior to DEQ certifying the new pathways, the fuel pathway
holder must submit an attestation that the new CI can be maintained through the
next reporting period with the acknowledgement that exceeding the newly
certified CI in subsequent annual reports or verifications is a violation of
the requirements of this division. For a fuel pathway with a carbon capture and
sequestration project, that margin of safety elected to be added by a fuel
producer must be added on top of any required contribution of credits to the
reserve account established under OAR 340-253-1060.
(g) If DEQ determines that a proposal for a
carbon intensity has not met the criteria in subsection (b), DEQ will notify
the applicant that the proposal is denied and identify the basis for the
denial.
(h) Notwithstanding OAR
340-253-0670, DEQ may modify any
approved fuel pathway CI or approval conditions upon receipt of a verification
statement that shows that the verified operational CI is higher than the
certified CI.
(i) Any applicant for
a fuel pathway under this rule may include a margin of safety in its
application which will increase its certified CI in order to account for
potential process variability and to reduce the risk that it will violate this
division by having its operational CI exceed its certified CI.
(j) In approving applications or adjusting
certified CIs through an Annual Fuel Pathway Report for fuel producers that
employ carbon capture and sequestration, DEQ may require the applicant to make
a contribution of credits to the reserve account as described in OAR
340-253-1060.
(11)
Completeness determination process. DEQ will follow the steps described in
subsections (a) through (d) to determine whether a fuel pathway application is
complete.
(a) For Tier 2 applications, DEQ
will seek to determine whether the proposed modeling approach and application
package is complete and valid within 1 month after receiving a application
prior to releasing it for validation.
(b) If DEQ determines the proposal is
complete, DEQ will notify the applicant in writing of the completeness
determination.
(c) If DEQ
determines the proposal is incomplete, DEQ will notify the applicant of the
deficiencies. The applicant has 30 calendar days to address the deficiencies or
DEQ will deny the application. Upon request, DEQ may grant an extension of up
to 30 additional days.
(d) If the
applicant submits supplemental information, DEQ will determine if the
supplemental submittal is complete within 30 calendar days, or will notify the
party and identify the continued deficiencies within that time. This process
may repeat until the application is deemed complete or 180 calendar days have
elapsed from the date that the applicant first submitted the
application.
(12) Issuing
additional substitute and temporary fuel pathway codes. For new fuels or new
fuel blends being provided within Oregon, registered parties may request that
DEQ issue additional fuel pathway codes that can be used in the same manner as
those in Tables 8 or 9 (substitute or temporary fuel pathway codes) under OAR
340-253-8010. DEQ may approve
such substitute or temporary fuel pathway codes if it concludes they are
technically sound and supported by appropriate evidence. If any are approved,
DEQ will post these additional fuel pathway codes in the Oregon Fuels Reporting
System and on its public website for the Clean Fuels Program. All of the
following requirements apply to such requests:
(a) Requests must be made in writing to
DEQ.
(b) If DEQ concludes the
proposed fuel pathway may be technically sound and supported by appropriate
evidence, then it will post the proposed new substitute or temporary fuel
pathway codes on its website and take comments for:
(A) 14 calendar days in the case of a
substitute fuel pathway code; or
(B) 45 calendar days in the case of a
temporary fuel pathway code.
(c) DEQ will consider any comments received,
make any modifications, if necessary, and make a final decision on the proposed
fuel pathway.
(d) If DEQ concludes
the proposed fuel pathway is technically sound and supported by appropriate
evidence, then DEQ may approve it and publish its final decision on its
website.
(e) Any newly approved
substitute or temporary fuel pathway code will be effective for use in the
quarter in which it is approved.
(13) Measurement accuracy.
(a) All measurement devices that log or
record data for use in a fuel pathway application must comply with the
manufacturer-recommended calibration frequency and precision requirements. If
manufacturer-recommendations are not provided, the measurement devices must be
calibrated at least every six years.
(b) Requests to Postpone Calibration. For
units and processes that operate continuously with infrequent outages, it may
not be possible to meet manufacturer-recommended calibration deadlines for
measurement devices as required under subsection (a). In such cases, the owner
or operator may submit a written request to DEQ to postpone calibration or
inspection until the next scheduled maintenance outage. Such postponements are
subject to the procedures of paragraphs (A) through (C) below and must be
documented in the monitoring plan required under OAR
340-253-0600.
(A) A written request for postponement must
be submitted to DEQ not less than 30 calendar days before the required
calibration, recalibration or inspection date. DEQ may request additional
documentation to validate the operator's claim that the device meets the
accuracy requirements of this section. The operator shall provide any
additional documentation to DEQ within 14 calendar days of a request for
documentation.
(B) The request
under paragraph (B) must include:
(i) The date
of the required calibration, recalibration, or inspection;
(ii) The date of the last calibration or
inspection;
(iii) The date of the
most recent field accuracy assessment, if applicable;
(iv) The results of the most recent field
accuracy assessment, if applicable, clearly indicating a pass/fail
status;
(v) The proposed date for
the next field accuracy assessment, if applicable;
(vi) The proposed date for calibration,
recalibration, or inspection which must be during the time period of the next
scheduled shutdown. If the next shutdown will not occur within three years,
this must be noted and a new request must be received every three years until
the shutdown occurs and the calibration, recalibration or inspection is
completed;
(vii) A description of
the meter or other device, including at a minimum the: make, model,
installation date, location, parameter measured by the meter or other device,
the rate of data capture by the meter or other device, description of how data
from the meter or other device is used in a fuel pathway, calibration or
inspection procedure, reason for delaying the calibration or inspection,
proposed method to ensure that the precision requirements listed by the
manufacturer are upheld, and the contact details for an individual at the fuel
production facility who can answer questions about the meter or other device;
and
(C) DEQ will approve
or deny the request at its discretion based on whether or not it concludes that
the device's calibration is reasonably reliable.
(14) Missing Data Provisions.
(a) Meter Record, Accuracy, or Calibration
Requirements Not Met. If a measurement device is not functional, not calibrated
within the time period recommended by the manufacturer, or fails a field
accuracy assessment, the fuel production facility operator must otherwise
demonstrate to a verifier or DEQ that the reported data are accurate within
+/-5 percent. The following requirements apply to such demonstration:
(A) If the operator can demonstrate to the
verifier or DEQ that reported data are accurate, the data are acceptable. The
entity must then provide a detailed plan describing when the measurement device
will be brought into calibration. This plan is subject to approval by DEQ;
and
(B) If the operator cannot
demonstrate to the verifier or DEQ that reported data are accurate, the data is
not acceptable and the missing data provisions in subsection (b)
apply.
(b) Missing Data
Provisions. If missing data exists, the entity must submit for DEQ approval an
alternate method of reporting the missing data. Alternate methods shall be
evaluated on a case-by-case basis for reasonableness and continuity with the
rest of the dataset. DEQ may choose to require a more conservative approach to
the missing data if it is concerned that the alternative method may understate
actual lifecycle emissions associated with the fuel or fuels produced by the
facility.
(c) Force Majeure Events.
In the event of a facility shutdown or disruption drastically affecting
production attributable to a force majeure event, the fuel pathway applicant or
holder must notify DEQ.
(15) Biomethane applications. In addition to
the other requirements of this division, for any fuel pathway where biomethane
is being injected into a natural gas common carrier pipeline to be reported in
the CFP using book and claim accounting, the fuel pathway holder, fuel
producer, or both must ensure that no other party can make a claim on the
specific biomethane attributes that are being used in the CFP. If the
biomethane is being injected into the pipe of a local distribution company, the
fuel producer must have an agreement with that company along with any other
purchaser of the physical gas that they will not make any claims on the
biomethane reported through book and claim in this program. That agreement must
be submitted at the time of the fuel pathway application or in the next annual
fuel pathway report if the fuel pathway is currently certified.
(16) For non-provisional pathways, if a fuel
pathway's operational CI is found to be greater than its certified CI, the fuel
pathway holder is out of compliance with this division and may be subject to
investigation and enforcement by DEQ.
(17) Transition from OR-GREET 3.0 to OR-GREET
4.0.
(a) 2025 and 2026 Annual Fuel Pathway
Reports. In addition to all the materials required to be submitted for the
Annual Fuel Pathway report due in 2025 and 2026 under OAR
340-253-0400(9)(f),
all fuel pathway holders must submit filled out copies of both the applicable
OR-GREET 3.0 and OR-GREET 4.0 calculators for their fuel production facility,
or the CA-GREET equivalent for recertification pathways. If the fuel pathway
holder is required to go through verification, they must have their verifier
review and confirm the data in both calculators.
(b) All OR-GREET 3.0 fuel pathway codes may
no longer be used for reporting as of January 1, 2026, unless the purpose of
that reporting is to re-assign a quantity of fuel from the 3.0 fuel pathway
code to the 4.0 fuel pathway code, where that quantity of fuel is in existing
storage or transit in the state as of midnight on December 31, 2025.
Notes
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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