(1) DEQ will
determine the total compliance obligation for a compliance period for each
covered fuel supplier, each covered EITE source, and each covered DNG source as
the sum of the covered entity's annual compliance obligation(s) for each year
of the compliance period. DEQ will base its determinations on emissions
calculated according to OAR
340-273-0110(1). DEQ will notify each covered
entity of DEQ's 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) A covered EITE source or
covered DNG source must demonstrate compliance according to this rule by
December 9 of the year following the end of the first compliance period in
which they have a compliance obligation according to OAR
340-273-0410, or 40
days after DEQ's notification described in section (1), whichever is
later.
(4) To demonstrate
compliance for a compliance period, each covered entity required to demonstrate
compliance 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
entity 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 5 in OAR
340-273-9000; and
(b) A demonstration of compliance form,
approved by DEQ that includes:
(A) Name and
full mailing address of the covered entity;
(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 entity 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 entity 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 entity is submitting to DEQ to demonstrate compliance;
and
(G) The following attestation,
signed by the designated representative of the covered entity:
I certify under penalty of perjury under the laws of the State
of Oregon that I am a representative of [covered entity name], 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 entity] 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 entity] 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
entity] must still demonstrate compliance with the remaining portion and may be
subject to enforcement action.
(5) Each metric ton of CO2e of a compliance
obligation for which a covered entity does not demonstrate compliance according
to this rule is a separate violation of this division.
(6) If a change in ownership of a covered
entity occurs, the person that owns or operates the covered entity 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
§
340-273-0450
DEQ
18-2024, adopt filed 11/22/2024, effective
11/22/2024
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
