(1) Quarterly
reports. Except for persons exempt from this requirement under OAR
340-253-0100, registered parties
must submit a quarterly report using the OFRS by:
(a) June 30 - for January through March of
each year;
(b) September 30 - for
April through June of each year;
(c) January 10 - for July through September
of each year;
(d) March 31 - for
October through December of each previous year;
(e) If a reporting deadline occurs on a
Saturday, Sunday, or a state holiday, the deadline is extended to the following
business day; and
(f) The first
quarterly report each year, due June 30, may not be submitted prior to May 1st
in order to allow time for DEQ to generate carry-back credits for the previous
year.
(2) General
reporting requirements for quarterly reports. Quarterly reports must comply
with all of the following requirements:
(a)
Quarterly reports must contain the information specified in Table 5 under OAR
340-253-8010 for each
fuel.
(b) All persons required to
file a quarterly report under this rule must upload their data for the
quarterly reports to the OFRS within the first 45 calendar days after the end
of the quarter.
(c) During the
second 45 calendar days, all persons required to file a quarterly report must
work with each other to resolve any fuel transaction discrepancies between
different reporters' reported transactions. All transactions between registered
parties in the program must be fully reconciled prior to the submittal date for
a quarterly report to the best of the parties' ability and accurately reflect
the details of the fuel transaction records as required in OAR
340-253-0600.
(d) For reporting all fuel transactions in a
quarterly report, registered parties must use the transaction types defined in
OAR
340-253-0040, or those issued by
DEQ under subsection (e), to report imports, exports, transfers of ownership,
sales to exempt vehicles, and gains or losses of inventory of regulated fuels,
and the fueling of vehicles.
(e)
DEQ may issue additional transaction types that registered parties may use in
the same manner as those authorized under OAR
340-253-0040 (110). DEQ may
propose a new transaction type on its own initiative or in response to a
request from a regulated party. DEQ may approve such new transaction types if
they do not expand the program's current reporting requirements for registered
parties by requiring additional actions to be reported. The additional
transaction types may only refine the detailed reporting of actions that
previously were required to be reported under a different transaction type.
Prior to approving a new transaction type:
(A)
DEQ must post a proposal for the new transaction type on its website and take
public comments for no fewer than 45 calendar days;
(B) DEQ will consider any comments received,
make any modifications, if necessary, and make a final decision on whether the
proposed new transaction type is appropriate, at DEQ's sole
discretion;
(C) DEQ will publish
its final decision on its website; and
(D) A new approved transaction type will be
effective for use in the quarter following the date that it is approved by
DEQ.
(3)
Submitting a quarterly report. In order to submit a quarterly report, a
registered party must confirm the following statement by acceptance and
certification in the Oregon Fuels Reporting System:
"I, [Name of real person], as person with Signatory Authority,
am submitting this report on behalf of [Company Name], with the understanding
that the information contained in this report is considered an official
submission to Oregon Department of Environmental Quality for purposes of
compliance with the Clean Fuels Program (CFP) regulation. Furthermore, by
submitting this report, I understand that I am bound by, and authenticate this
record, and attest to the statements contained within. I also understand that
submitting or attesting to false statements is prohibited under Oregon law, and
may subject me to civil enforcement, criminal enforcement, or both. I certify
that information supplied herein is correct and that I have the authority to
submit this report on behalf of the company named above. As a condition of
participating in the program, I acknowledge that credits are regulatory
instruments that do not constitute personal property, instruments, securities
or any other form of property, as provided in OAR
340-253-1000(6)(b).
Credits and deficit calculations are subject to the provisions of OAR
340-253-0670, under which DEQ
may, without limitation, correct errors should a regulated party or credit
generator not do so themselves, place holds on credits and/or accounts as part
of an inquiry, and invalidate credits or fuel pathway codes that were
illegitimately generated or otherwise created in error. I acknowledge that DEQ
may, at its discretion, place a hold on credits and accounts while DEQ
undertakes any inquiry regarding such credits or accounts. Suspension,
revocation, and/or modification actions by DEQ may be contested as provided
under Oregon law."
Notes
Or. Admin. Code
§
340-253-0630
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.
2/1/2015;
DEQ
13-2015, f. 12-10-15, cert. ef.
1/1/2016;
DEQ
27-2017, amend filed 11/17/2017, effective
11/17/2017;
DEQ
199-2018, amend filed 11/16/2018, effective
1/1/2019;
DEQ
14-2020, amend filed 05/07/2020, effective
5/7/2020;
DEQ
17-2022, amend filed 09/23/2022, effective
1/1/2023;
DEQ
2-2025, amend filed 01/09/2025, effective
1/9/2025
Statutory/Other Authority: ORS
468.020,
468A.266,
468A.268 &
468A.277
Statutes/Other Implemented: ORS
468.020 & ORS
468A.265 -
468A.277
