(1) DEQ will
determine a covered fuel supplier's total compliance obligation for a
compliance period as the sum of the covered fuel supplier's annual compliance
obligation(s) for each year of the compliance period. DEQ will base its
determinations on emissions calculated according to OAR
340-271-0110(1).
DEQ will notify the covered fuel supplier of its determination.
(2) A covered fuel supplier must demonstrate
compliance according to this rule by December 9 of the year following the end
of each compliance period, or 40 days after DEQ's notification described in
section (1), whichever is later.
(3) To demonstrate compliance for a
compliance period, a covered fuel supplier must submit the following to DEQ:
(a) For each metric ton of CO2e of the total
compliance obligation, either a compliance instrument or a CCI credit, subject
to the following limitations:
(A) A covered
fuel supplier may only submit compliance instruments that DEQ distributed from
the caps for the calendar years of the applicable compliance period or from
caps for earlier compliance periods; and
(B) The quantity of CCI credits used to
demonstrate compliance as a percentage of the total compliance obligation for
the applicable compliance period may not exceed the allowable percentage
specified in Table 6 in OAR
340-271-9000.
(b) A demonstration of compliance form,
approved by DEQ that includes:
(A) Name and
full mailing address of the covered fuel supplier;
(B) Designated representative's contact
information including name, title or position, phone number, and email
address;
(C) Identification of the
compliance period and calendar year(s) for which the covered fuel supplier is
demonstrating compliance;
(D) The
total compliance obligations in metric tons of CO2e for the compliance period
and listed separately for each calendar year in the compliance
period;
(E) The total number of
compliance instruments the covered fuel supplier is submitting to DEQ to
demonstrate compliance, and separately the total number submitted from each
calendar year's cap;
(F) The total
number of CCI credits the covered fuel supplier is submitting to DEQ to
demonstrate compliance; and
(G) The
following attestation, signed by the designated representative of the covered
fuel supplier:
I certify under penalty of perjury under the laws of the State
of Oregon that I am a representative of [covered fuel supplier], am authorized
to submit this report on its behalf, and that, to the best of my knowledge and
belief, the information provided in this form is true, accurate, and complete.
It is the intent of [covered fuel supplier] to use the quantity of compliance
instruments and credits listed on this form and submitted to DEQ for the
demonstration of compliance. I certify that [covered fuel supplier] has not
exceeded the allowable use of CCI credits. If any portion of these compliance
obligations remain unmet after this submission, I understand that [covered fuel
supplier] must still demonstrate compliance with the remaining portion and may
be subject to enforcement action.
(4) Each metric ton of CO2e of a compliance
obligation for which a covered fuel supplier does not demonstrate compliance
according to this rule is a separate violation of this division.
(5) If a change in ownership of a covered
fuel supplier occurs, the person that owns or operates the covered fuel
supplier as of December 31 in the final year of a compliance period is
responsible for demonstration of compliance according to this rule for each
annual compliance obligation during the compliance period. Compliance
obligations may not be split or subdivided based on ownership changes during
the compliance period or during any year within the compliance
period.
Notes
Or. Admin. Code
§
340-271-0450
DEQ
27-2021, adopt filed 12/16/2021, effective
12/16/2021;
DEQ
17-2023, amend filed 11/16/2023, effective
11/16/2023
Statutory/Other Authority: ORS
468.020,
468A.025 &
468A.040
Statutes/Other Implemented: ORS
468.020,
468A.025,
468A.040,
468.035,
468A.010,
468A.015 &
468A.045
