Or. Admin. Code § 340-271-0120 - Changes in Covered Entity Ownership and Changes to Related Entities
(1) Changes in
ownership or operational control.
(a) If a
covered entity undergoes a change in ownership or operational control, the new
person that owns or operates the covered entity must notify DEQ in writing
within 30 days of the ownership or operational control change. The person must
submit a complete and accurate notification, including providing the following
information:
(A) The name of the previous
owner or operator;
(B) The name of
the new owner or operator;
(C) The
date of ownership or operator change;
(D) Name of the designated
representative;
(E) If the covered
entity is a covered fuel supplier that is not a local distribution company
information about each person that was a related entity prior to the change in
ownership or operational control and that was required to report emissions
according to OAR chapter 340, division 215, including legal name, full mailing
address, and whether each is a covered fuel supplier and holds a CPP permit;
and
(F) If the covered entity is a
covered fuel supplier that is not a local distribution company, information
about each person that is a related entity after the change in ownership or
operational control and that is required to report emissions according to OAR
chapter 340, division 215, including legal name, full mailing address, and
whether each is a covered fuel supplier and holds a CPP
permit.
(b) The covered
entity continues to be a covered entity following a change in ownership or
operational control, until it meets the cessation requirements in OAR
340-271-0130. Any other covered
entity that was a related entity also continues to be a covered entity
following the change in ownership or operational control, until it meets the
cessation according to OAR
340-271-0130.
(c) Following a change in ownership or
operational control, a covered fuel supplier that holds a compliance instrument
or CCI credit according to OAR
340-271-0430 or OAR
340-271-0830 continues to hold
the compliance instrument or CCI credit according to each rule, as
applicable.
(2) Changes
to related entities of covered fuel suppliers.
(a) If a person subject to any regulations in
OAR chapter 340, division 215, becomes a new related entity to a covered fuel
supplier that is not a local distribution company due to a change in ownership
or operational control, the designated representative of the covered fuel
supplier must notify DEQ in writing, on a form approved by DEQ, within 30 days
of the ownership or operational control change. The designated representative
must submit a complete and accurate notification, including providing the
following information:
(A) Information about
the new related entity, including legal name, full mailing address, and whether
the person is a covered fuel supplier and holds a CPP permit;
(B) The name of the previous owner or
operator of the new related entity;
(C) The name of the new owner or operator of
the new related entity;
(D) The
date of ownership or operator change for the new related entity; and
(E) Information about all other related
entities subject to any regulations in OAR chapter 340, including legal names,
full mailing addresses, and whether each is a covered fuel supplier and holds a
CPP permit.
(b) If the
person that is the new related entity to a covered fuel supplier identified in
paragraph (a)(A) is not already a covered fuel supplier, the person:
(A) Becomes a covered fuel supplier beginning
with the date of ownership or operator change;
(B) Must apply to DEQ for a CPP permit
according to OAR 340-271-0150(1)(a)(B);
and
(C) If the person is a covered
fuel supplier, the person will have compliance obligations beginning with
covered emissions from the calendar year in which the ownership or operator
change occurred.
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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