(1) Covered fuel suppliers that trade one or
more compliance instruments must notify DEQ of the trade. The designated
representatives of both the covered fuel supplier transferring the compliance
instrument and the covered fuel supplier acquiring the compliance instrument
must sign and submit a compliance instrument trade form that meets the
requirements of this section, using a form approved by DEQ.
(a) The covered fuel supplier transferring
one or more compliance instruments must sign first; and
(b) The covered fuel supplier acquiring the
compliance instrument(s) must sign the same form and submit it to DEQ no later
than one week after the transferring covered fuel supplier signs the
form.
(c) All of the following must
be included on a compliance instrument trade form:
(A) The agreed upon date of the
trade.
(B) The total number of
compliance instruments traded, and separately the total number traded from each
calendar year's cap.
(C) The total
price per compliance instrument (in US dollars), excluding any fees. If a
specific dollar value is not paid for the compliance instrument, an estimate
must be provided.
(D) As
applicable, other information about the trade that DEQ determines is necessary
to support DEQ's monitoring of trades and that DEQ includes on the
form;
(E) The following information
about the covered fuel supplier transferring the compliance instrument(s):
(i) Name and full mailing address of the
covered fuel supplier.
(ii)
Designated representative's contact information including name, title or
position, phone number, and email address.
(iii) The following attestation, signed by
the designated representative:
I certify under penalty of perjury under the laws of
the State of Oregon that to the best of my knowledge and belief the information
in this form is true, accurate, and complete. [Covered fuel supplier] is
transferring these compliance instruments to [covered fuel supplier that is
acquiring] for the price described in this form.
(F) The following information
about the covered fuel supplier acquiring the compliance instrument(s):
(i) Name and full mailing address of the
covered fuel supplier.
(i)
Designated representative's contact information including name, title or
position, phone number, and email address.
(iii) The following attestation, signed by
the designated representative:
I certify under penalty of perjury under the laws of
the State of Oregon that to the best of my knowledge and belief the information
in this form is true, accurate, and complete. [Covered fuel supplier] is
acquiring compliance instruments from [covered fuel supplier that is
transferring] for the price described in this form.
(2) When DEQ
receives a compliance instrument trade form for one or more compliance
instruments as described in section (1), DEQ will inform the applicant either
that the submitted form is complete or that additional specific information is
required to make the form complete. Upon receipt of a complete form signed by
both covered fuel suppliers involved in a trade, DEQ will track traded
compliance instruments. DEQ will notify the designated representative of the
covered fuel supplier acquiring compliance instrument(s) in writing of
availability of these compliance instruments. DEQ will notify the designated
representative of the covered fuel supplier transferring compliance
instrument(s) in writing that the covered fuel supplier no longer holds the
compliance instruments. If DEQ determines that the form is incomplete, DEQ will
not track the requested trade unless and until the applicant provides the
additional information requested by DEQ to make the form complete, and such
instruments will not be available to the covered fuel supplier acquiring the
instruments.
(3) A covered fuel
supplier acquiring one or more compliance instrument(s) in a trade may not use
the compliance instrument(s) in other trades or toward demonstration of
compliance with any compliance obligation until the trade has been reported to
DEQ and DEQ has tracked the traded compliance instrument(s). Trades may only be
reported to DEQ after DEQ has made the compliance instrument trade form
available. DEQ will notify covered fuel suppliers when the compliance
instrument trade form is available.
Notes
Or. Admin. Code
§
340-271-0510
DEQ
27-2021, adopt filed 12/16/2021, effective
12/16/2021
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
