Or. Admin. Code § 340-272-0020 - Definitions
The definitions in this rule and in OAR 340-200-0020, OAR 340-215-0020, and OAR 340-253-0040, and the acronyms in OAR 340-253-0060 apply to this division. If the same term is defined in this rule and another division, the definition in this rule applies to this division.
(1) "Adverse verification statement" means a
verification statement from a verification body that (either or both):
(a) It cannot say with reasonable assurance
the submitted report or fuel pathway application is free of a material
misstatement; or
(b) The submitted
report or fuel pathway application contains correctable errors and thus is not
in conformance with the requirements to fix such errors according to OAR
340-272-0435.
(2) "California ARB" means California Air
Resources Board.
(3) "CFP" means
the Oregon Clean Fuels Program established under OAR chapter 340, division
253.
(4) "Conflict of interest"
means a situation in which, because of financial or other activities or
relationships with other persons or organizations, a verification body is
unable or potentially unable to provide an impartial verification statement of
a potential client's report or fuel pathway application, or the verification
body's objectivity in providing verification services is or might be otherwise
compromised.
(5) "Correctable
errors" means errors identified by the verification team that affect data in
the submitted report or fuel pathway application, which result from a
nonconformance with OAR chapter 340, division 215 or OAR chapter 340, division
253, as applicable. Differences that, in the professional judgment of the
verification team, are the result of differing but reasonable methods of
truncation or rounding or averaging, where a specific procedure is not
prescribed by this division, OAR chapter 340, division 215, or OAR chapter 340,
division 253, are not considered errors and therefore do not require
correction.
(6) "DEQ" means Oregon
Department of Environmental Quality.
(7) "Difference in CI" means the absolute
value result of the reported operational CI minus the verifier's calculation of
CI for material misstatement of carbon intensity assessments for a CFP fuel
pathway application or annual report. The verifier's calculation of CI is based
on site-specific data inputs modified to include discrepancies, omissions, and
misreporting found during the course of verification services.
(8) "Full verification" means all
verification services as required under OAR
340-272-0300(1).
(9) "GHG Reporting Program" means the Oregon
Greenhouse Gas Reporting Program established under OAR chapter 340, division
215.
(10) "Independent reviewer"
means a lead verifier within a verification body that has not participated in
providing verification services for a responsible entity for the current
reporting year and provides an independent review of verification services
provided to the responsible entity.
(11) "Lead verifier" means a person that has
met the requirements to perform such role under OAR
340-272-0210 and has been
approved by DEQ under OAR
340-272-0220 to act as the lead
of a verification team providing verification services as described by this
division.
(12) "Less intensive
verification" means all verification services required for full verification,
except for site visit(s) as described under OAR
340-272-0420, and only requiring
data checks and document reviews based on the analysis and risk assessment in
the most recent sampling plan developed as part of the most current full
verification.
(13) "Material
misstatement" means any discrepancy, omission, misreporting, or aggregation of
the three, identified in the course of verification services that leads a
verification team to believe that reported data or a submitted report or fuel
pathway application contains one or more errors, as described in OAR
240-272-0450, OAR 240-272-0455, and OAR 240-272-0460, as applicable.
(14) "Member" means any employee or
subcontractor of the verification body or related entities of the verification
body and includes any individual with majority equity share in the verification
body or its related entities.
(15)
"Nonconformance" means the failure to meet the applicable requirements of this
division or the failure to meet requirements of OAR chapter 340, division 215
or OAR chapter 340, division 253, as applicable, to calculate or report data or
submit a fuel pathway application.
(16) "Positive verification statement" means
a verification statement from a verification body attesting that it can say
with reasonable assurance that the submitted report or fuel pathway application
is free of material misstatement and that it conforms to the requirements of
this division, OAR chapter 340, division 215, or OAR chapter 340, division 253,
as applicable.
(17) "Professional
judgment" means decisions based on professional qualifications and relevant
greenhouse gas accounting and auditing experience.
(18) "Qualified positive verification
statement" means a statement from a verification body attesting that it can say
with reasonable assurance that the submitted report or fuel pathway application
is free of material misstatement and has been corrected or modified in
conformance with OAR 340-272-0435, but may include
one or more other nonconformance(s) with the requirements of this division, OAR
chapter 340, division 215, or OAR chapter 340, division 253, as applicable,
which do not result in a material misstatement.
(19) "Quarterly review" means a review
process conducted by the verification team after quarterly data is submitted
and before annual data is submitted and verified.
(20) "Reasonable assurance" means high degree
of confidence in the accuracy and truth of a conclusion.
(21) "Reported emissions reductions" means
the total of all greenhouse gas emissions reductions reported in a CFP project
report.
(22) "Reported Operational
CI Value" means the absolute value of the operational CI submitted in a CFP
fuel pathway application or annual report used for material misstatement of
carbon intensity assessments.
(23)
"Reported quarterly fuel transaction quantity for fuel pathway code" means the
total of all reported fuel quantities for each fuel pathway code for each
transaction type for each quarter in a CFP quarterly report for which the
verifier is conducting a material misstatement of quarterly fuel quantity
assessment.
(24) "Responsible
entity" means a person that is subject to or voluntarily agrees to be subject
to the requirements of OAR
340-272-0110, OAR
340-272-0120, or both.
(25) "Sector specific verifier" means a
person that has met the requirements to perform such a role under OAR
340-272-0210 and has been
approved by DEQ under OAR
340-272-0220 to act as a sector
specific verifier in providing verification services as described by this
division. This may include, but is not limited to, demonstrating specialized
experience in transactions, oil and gas systems, or process
emissions.
(26) "Subcontractor"
means an individual or business firm contracting to perform part or all of
another's contract.
(27) "Total
reported emissions" means the total annual greenhouse gas emissions in a GHG
Reporting Program emissions data report.
(28) "Validation" means verification of a
fuel pathway application using the requirements of this division.
(29) "Validation statement" means the final
statement produced by a verification body attesting whether a fuel pathway
application is free of material misstatement and whether it conforms to the
requirements of this Division.
(30)
"Verification" or "third-party verification" means a systematic, independent,
and documented process for evaluation of a report or fuel pathway application
according to this division.
(31)
"Verification body" means a business entity that has met the requirements under
OAR 340-272-0210 and has been
approved by DEQ under OAR
340-272-0220 to provide
verification services and produce verification statements as described by this
division.
(32) "Verification
services" means services provided during full verification or less intensive
verification, including but not limited to reviewing a report or fuel pathway
application submitted by a responsible entity, assessing compliance with DEQ
regulations, ensuring accuracy according to the standards specified by DEQ, and
submitting a verification statement(s) to DEQ.
(33) "Verification statement" means the final
statement produced by a verification body attesting whether a report or fuel
pathway application submitted by a responsible entity is free of or contains
material misstatement and whether it does or does not conform to the applicable
requirements.
(34) "Verification
team" means all persons working for a verification body, including all
subcontractors, to provide verification services.
(35) "Verifier" means an individual person
that has met the requirements to perform such role under OAR
340-272-0210 and has been
approved by DEQ under OAR
340-272-0220 to provide
verification services as described by this division.
Notes
Statutory/Other Authority: ORS 468.020, 468A.050, 468A.266, 468A.271, 468A.277 & 468A.280
Statutes/Other Implemented: ORS 468A.010, 468A.015, 468A.050, 468A.265 - 468A.277 & 468A.280
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