(1) Covered entities that trade one or more
compliance instruments as authorized by OAR
340-273-0500 must notify DEQ of the
trade. The designated representatives of both the covered entity transferring
the compliance instrument and the covered entity 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 entity transferring one or
more compliance instruments must sign first; and
(b) The covered entity acquiring the
compliance instrument(s) must sign the same form and submit it to DEQ no later
than one week after the transferring covered entity 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 value 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 entity transferring the compliance instrument(s):
(i) Name and full mailing address of the
covered entity.
(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 entity] is transferring
these compliance instruments to [covered entity that is acquiring] for the
price described in this form.
(F) The following information about the
covered entity acquiring the compliance instrument(s):
(i) Name and full mailing address of the
covered entity.
(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 entity] is acquiring
compliance instruments from [covered entity that is transferring] for the price
described in this form.
(2) After 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 parties involved in a
trade, DEQ will track traded compliance instruments. DEQ will notify the
designated representative of the covered entity acquiring compliance
instrument(s) in writing of availability of these compliance instruments. DEQ
will notify the designated representative of the covered entity transferring
compliance instrument(s) in writing that the covered entity 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 entity
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).
Notes
Or. Admin. Code
§
340-273-0510
DEQ
18-2024, adopt filed 11/22/2024, effective
11/22/2024
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
