Or. Admin. Code § 340-253-0650 - Annual Compliance Reports
(1)
Annual compliance reports.
(a) Except as
provided in subsection (b), regulated parties, credit generators, and
aggregators must use the OFRS to submit an annual compliance report to DEQ not
later than April 30 for the previous compliance period.
(b) Small importers of finished fuels may
submit the annual report required under OAR chapter 340, division 215 using
OFRS no later than April 30 for the previous compliance period.
(2) General reporting requirements
for annual compliance reports. Regulated parties, credit generators, and
aggregators must submit annual compliance reports that meet, at minimum, the
general and specific requirements for quarterly reports and include the
following information:
(a) The total credits
and deficits generated by the regulated party, credit generator, or aggregator
in the current compliance period, calculated in the OFRS as provided in the
equations in OAR 340-253-1020;
(b) Any credits carried over from the
previous compliance period;
(c) Any
deficits carried over from the previous compliance period;
(d) The total credits acquired from other
regulated parties, credit generators, and aggregators;
(e) The total credits sold or transferred;
and
(f) The total credits retired
within the OFRS to meet the compliance obligation.
(3) Registered parties must complete all
pending credit transfers prior to submittal of the annual compliance report
required under section (1).
(4)
Correcting a previously submitted report. A registered party may ask DEQ to
re-open a previously submitted quarterly or annual compliance report for
corrective edits and re-submittal, as provided in subsections (a) through (e).
(a) The requestor must submit a request to
unlock the report, including a correction request letter within the OFRS
indicating the specific corrections to be made and providing a justification
for making the corrections.
(b) If
DEQ approves a request made under subsection (a), then DEQ will notify the
registered party and unlock the report to allow the registered party to make
the corrections. DEQ approval of a request to correct a report does not
preclude DEQ enforcement based on misreporting. The registered party may only
make the specific corrections detailed in the approved correction request
letter while the report has been reopened. If the registered party discovers
that there are additional corrections that should be made, it must make a
separate request to DEQ through OFRS after submitting the initial corrections
requested. The request must detail the additional corrections and have that
request approved prior to making the additional corrections to their reporting.
Corrections must be made and the report resubmitted within two business days
unless DEQ provides a different deadline.
(c) If a registered party is approved to make
corrections to a quarterly report for which the annual compliance deadline has
already passed and the corrections result in reduced credits or increased
deficits for the registered party, it shall have until the next annual
compliance report deadline or 30 calendar days, whichever is earlier, to
resubmit the affected annual compliance report or reports.
(d) When a registered party has resubmitted a
corrected annual compliance report, the registered party must return to
compliance with the clean fuel standards by simultaneously retiring additional
credits, if necessary.
(e) The
registered party that needs to resubmit a corrected annual compliance report
may request permission from DEQ to carryback credits for the affected annual
compliance report or reports. If a credit clearance market is being held that
year, the request can only be made if the credit clearance market for that
compliance year is already complete.
(5) Correction requests. DEQ may request that
a registered party make corrections if DEQ has good cause to believe that there
is an error or omission in the registered party's reporting. In its request,
DEQ will provide an explanation of what it believes the error or omission is in
the report or reports and set a deadline of 14 calendar days from the request
to respond, or shorter if there is good cause to do so. Following such a
request, the registered entity will have 14 days to either initiate a
correction request or provide a detailed explanation.
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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