Or. Admin. Code § 340-272-0120 - Requirements for Verification of GHG Reporting Program Emissions Data Reports Submitted under OAR Chapter 340, Division 215
(1) Annual verification of GHG Reporting
Program emissions data reports.
(a)
Applicability. The following persons must meet the requirements of this
division and engage the services of a verification body for the purposes of
annual verification of the entire emissions data report, including required
site visit(s), for each separate emissions data report submitted under OAR
chapter 340, division 215, except as otherwise provided under subsection (b):
(A) A regulated entity that submits an
emissions data report as described under OAR
340-215-0044(1)
that indicates emissions equaled or exceeded 25,000 metric tons of CO2e,
excluding CO2 from biomass-derived fuels. Third party verification
applicability is based on the annual report at the time of the annual reporting
deadline, regardless of whether later-submitted corrections decrease the
reported emissions below the applicable 25,000 MT CO2e threshold
(B) A third party that is not the Bonneville
Power Administration (BPA) that registers and submits an emissions data report
on behalf of a consumer-owned utility for emissions, data, and information
submitted for each individual utility with emissions that equaled or exceeded
25,000 metric tons of CO2e, excluding CO2 from biomass-derived fuels and
excluding emissions associated with preference power purchased from
BPA;
(C) A regulated entity that
submitted an emissions data report that indicated emissions exceeded the
threshold in paragraph (A) in the previous year, but that submits an emissions
data report that indicates emissions are reduced below that applicability
threshold in the current reporting year;
(D) All regulated entities subject to the
Climate Protection Program requirements described under OAR chapter 340,
division 273, regardless of emissions reported; and
(E) All regulated entities that are electric
companies and electricity service suppliers as defined in ORS
757.600, regardless of emissions
reported.
(b)
Exemptions. The following are not subject to the requirements of this division:
(A) A regulated entity that is not an
electric company and not subject to requirements under OAR chapter 340,
division 215 and that submits an emissions data report as described under OAR
340-215-0044(1)
that indicates emissions were less than 25,000 metric tons of CO2e, excluding
CO2 from biomass-derived fuels. For the purposes of this rule, any GHG
emissions in emissions data reports as described under OAR
340-215-0044(1)(c)
submitted by fuel suppliers or in-state producers that are related entities or
share full or partial common ownership or operational control must be
aggregated together to determine whether or not the exemption
applies;
(B) An emissions data
report as described under OAR
340-215-0044(1)(a)
that includes emissions data and information described in 40 C.F.R. part 98
subpart HH - Municipal Solid Waste Landfills;
(C) An emissions data report as described
under OAR 340-215-0044(1)(d)
submitted by a natural gas supplier that is an interstate pipeline;
and
(D) Any emissions data report
as described under OAR
340-215-0044(1)(e)
submitted by Bonneville Power Administration (BPA) acting as a third-party
reporter on behalf of any consumer-owned utility, as allowable under OAR
340-215-0120(4).
(c) Verification schedule.
Responsible entities that are subject to the subsection (a) requirement to
engage the services of a verification body to perform verification of emissions
data reports must ensure a verification statement for each emissions data
report is submitted to DEQ according to OAR
340-272-0100.
(A) These requirements are in addition to the
requirements in 40 C.F.R.
98.3(f).
(B) An asset-controlling supplier that
submitted an emissions data report to DEQ as described under OAR
340-215-0044(1)(f)
that includes the same data and information reported to and verified under
California ARB's Mandatory Reporting of Greenhouse Gas Emissions program may
submit the same verification statement to DEQ. If an adverse verification
statement is received, a current issues log must also be submitted to
DEQ.
(2)
Cessation of verification requirement.
(a)
Responsible entities must have an emissions data report verified for the first
year that the report indicates emissions are reduced below the applicability
threshold defined in paragraph (1)(a)(A). An emissions data report is not
subject to verification in any following year thereafter where emissions remain
below the threshold.
(b) A
responsible entity that meets the verification cessation requirements for two
consecutive years must notify DEQ in writing in the second year that it is
ceasing the verification requirement according to this paragraph and provide
the reason(s) for cessation of verification. The notification must be submitted
no later than the applicable reporting deadline under OAR chapter 340, division
215 for that year.
(c) If in any
subsequent year after meeting verification cessation requirements an emissions
data report meets the applicability requirements of subsection (1)(a), the
responsible entity must have the emissions data report verified according to
the requirements of this division, and verification must continue until the
cessation requirement is met again.
Notes
Statutory/Other Authority: ORS 468.020, 468A.050 & 468A.280
Statutes/Other Implemented: ORS 468A.010, 468A.015, 468A.050 & 468A.280
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