Or. Admin. Code § 340-271-0110 - Covered Entity and Covered Emissions Applicability
(1) Calculations of covered emissions,
compliance obligations and distribution of compliance instruments will be based
on emissions data and information in emissions data reports submitted by a
person described in this rule and required according to OAR chapter 340,
division 215, which may be subject to verification according to OAR chapter
340, division 272. For any person that does not submit sufficient information
in compliance with OAR chapter 340, divisions 215 and 272, calculations will be
informed by additional best data available to DEQ. For any person that has not
registered and reported according to division 215, such calculations will be
based on the best data available to DEQ, following all reporting requirements
and assumptions that would be applicable had the person reported according to
that division.
(2) A covered entity
is subject to the requirements of this division for its covered emissions
described in this rule. A person remains a covered entity until cessation is
met according to OAR 340-271-0130.
(3) Applicability for fuel suppliers and
in-state producers. A person is a covered fuel supplier if the person is
described in subsection (a) and has annual covered emissions described in
subsection (b) in any applicability determination calendar year that equal or
exceed the threshold for applicability listed in Table 1 in OAR
340-271-9000. All persons that
are related entities must aggregate their emissions together to determine
applicability and each becomes a covered fuel supplier if applicability is met.
When applicability is met, each person is a covered fuel supplier beginning
with the calendar year a person becomes a covered fuel supplier, as provided in
Table 1 in OAR 340-271-9000. Once a person is a
covered fuel supplier, the person remains a covered fuel supplier until the
person has met the cessation requirements according to OAR
340-271-0130.
(a) The person is a fuel supplier or in-state
producer that imports, sells, or distributes fuel for use in Oregon, and is one
or more of the following:
(A) A dealer, as
that term is defined in ORS
319.010 that is subject to the
Oregon Motor Vehicle and Aircraft Fuel Dealer License Tax in OAR chapter 735,
division 170;
(B) A seller, as that
term is defined in ORS
319.520, that is subject to the
Oregon Use Fuel Tax in OAR chapter 735, division 176;
(C) A person that produces, imports, sells,
or distributes gasoline or distillate fuel oil for use in Oregon and that is
not subject to the Oregon Motor Vehicle and Aircraft Fuel Dealer License Tax or
the Oregon Use Fuel Tax in OAR chapter 735, divisions 170 and 176; or
(D) A person that either produces propane in
Oregon or imports propane for use in the state.
(b) Except as provided in paragraph (B),
covered emissions include emissions described in paragraph (A).
(A) Covered emissions include emissions of
anthropogenic greenhouse gases in metric tons of CO2e that would result from
the complete combustion or oxidation of the annual quantity of propane and
liquid fuels (including, for example and without limitation, gasoline and
petroleum products) imported, sold, or distributed for use in this
state.
(B) Covered emissions do not
include:
(i) Emissions that are from the
combustion of biomass-derived fuels;
(ii) Emissions that are from the combustion
of fuels used for aviation including, for example and without limitation,
aviation gasoline, kerosene-type jet fuel, and alternative jet fuel;
and
(iii) Emissions described in 40
CFR part 98 subpart W - Petroleum and Natural Gas
Systems.
(4) Applicability for local distribution
companies. A person is a covered fuel supplier if the person is described in
subsection (a) and has annual covered emissions described in subsection (b) in
2018 or any subsequent calendar year, unless the person has met the cessation
requirements according to OAR
340-271-0130.
(a) The person is a local distribution
company that either produces natural gas, compressed natural gas, or liquefied
natural gas in Oregon, or that imports, sells, or distributes natural gas,
compressed natural gas, or liquefied natural gas to end users in the
state.
(b) Except as provided in
paragraph (B), covered emissions include emissions described in paragraph (A).
(A) Covered emissions include emissions of
anthropogenic greenhouse gases in metric tons of CO2e that would result from
the complete combustion or oxidation of the annual quantity of natural gas
imported, sold, or distributed for use in this state.
(B) Covered emissions do not include:
(i) Emissions that are from the combustion of
biomass-derived fuels;
(ii)
Emissions described in 40 CFR part 98 subpart W - Petroleum and Natural Gas
Systems;
(iii) Emissions avoided
where the use of natural gas results in greenhouse gas emissions captured and
stored, if sufficiently documented by information provided to DEQ;
and
(iv) Emissions from natural gas
delivered to an air contamination source that is an electric power generating
plant with a total nominal electric generating capacity greater than or equal
to 25 megawatts.
(5) Applicability for stationary sources. A
person is a covered stationary source if the person is described in subsection
(a), unless the person has met the cessation requirements according to OAR
340-271-0130.
(a) The person is one or more of the
following:
(A) The person owns or operates an
existing source that has actual covered emissions described in subsection (b)
that equal or exceed 25,000 MT CO2e in 2018 or in any subsequent calendar
year;
(B) The person owns or
operates a new source, or proposes to own or operate a new source, that has a
potential to emit covered emissions described in subsection (b) that will equal
or exceed 25,000 MT CO2e per calendar year; or
(C) The person owns or operates an existing
source that is not a covered stationary source under (A), proposes to make a
modification under OAR
340-216-0040(3),
OAR 340-218-0170, OAR
340-218-0180, or OAR
340-218-0190, or a Type 2, 3 or
4 change under OAR 340-210-0225 to their source
and:
(i) The modification would increase the
source's potential to emit covered emissions described in subsection (b) by
10,000 MT CO2e per calendar year or more, and;
(ii) After the modification, the source's
potential to emit covered emissions described in subsection (b) would equal or
exceed 25,000 MT CO2e per calendar year.
(b) Except as provided in paragraph (B),
covered emissions include emissions described in paragraph (A).
(A) Covered emissions include emissions of
anthropogenic greenhouse gases in metric tons of CO2e that are from either or
both processes or the combustion of solid or gaseous fuels, including emissions
from combustion for both energy production and processes.
(B) Covered emissions do not include:
(i) Emissions that are from the combustion of
biomass-derived fuels;
(ii)
Biogenic CO2 emissions from solid fuels;
(iii) Emissions that are from the combustion
of liquid fuels or propane;
(iv)
Emissions from natural gas, compressed natural gas, or liquefied natural gas
used on-site that was delivered by a local distribution company;
(v) Emissions described in 40 CFR part 98
subpart HH - Municipal Solid Waste Landfills;
(vi) Emissions described in 40 CFR part 98
subpart TT - Industrial Waste Landfills;
(vii) Emissions from an air contamination
source that is owned or operated by an interstate natural gas pipeline that is
operating under authority of a certificate of public convenience and necessity
issued by the Federal Energy Regulatory Commission; and
(viii) Emissions from an air contamination
source that is an electric power generating plant with a total nominal electric
generating capacity greater than or equal to 25
megawatts.
Notes
Statutory/Other Authority: ORS 468.020, 468A.025, 468A.040 & 468A.050
Statutes/Other Implemented: ORS 468.020, 468A.025, 468A.040, 468A.050, 468.035, 468A.010, 468A.015 & 468A.045
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