Or. Admin. Code § 345-024-0630 - Means of Compliance for Nongenerating Energy Facilities
The applicant may elect to use any of the following means, or any combination thereof, to comply with the carbon dioxide emissions standard for nongenerating energy facilities:
(1) Implementing offset projects directly or
through a third party, pursuant to OAR
345-024-0680. The Council may
adopt site certificate conditions ensuring that the proposed offset projects
are implemented by the date specified in the site certificate, but shall not
require that predicted levels of avoidance, displacement or sequestration of
greenhouse gas emissions be achieved.
(2) Providing offset funds, directly or
through a third party, in an amount deemed sufficient to produce the reduction
in greenhouse gas emissions necessary to meet the applicable carbon dioxide
emissions standard according to the schedule set forth pursuant to OAR
345-024-0620(5).
The applicant or third party shall use the funds as specified in OAR
345-024-0710. The Council shall
deem the payment of the monetary offset rate, pursuant to OAR
345-024-0580, to result in a
reduction of one ton of carbon dioxide emissions. The Council shall determine
the offset funds using the monetary offset rate and the level of emissions
reduction required to meet the applicable standard. If the Council issues a
site certificate based on this section, the Council may not adjust the amount
of the offset funds based on the actual performance of offsets.
(3) Any other means that the Council adopts
by rule for demonstrating compliance with the carbon dioxide emissions
standard.
(4) Each year after
beginning commercial operation, the certificate holder shall report to the
Department of Energy data showing the amount and type of fossil fuels used by
the facility and its horsepower-hours of operation. The Council shall specify
in the site certificate how the Department shall use those data to calculate
the gross carbon dioxide emissions from the facility during the report year and
the net emissions in excess of the carbon dioxide emissions standard. The
Department shall then subtract excess emissions from the offset credit account.
The Council shall specify in the site certificate the minimum amount of offset
credits that a certificate holder shall provide to establish the offset credit
account. The Council may specify an amount of offset credits equal to the total
offsets required for the facility. The Council shall specify the minimum amount
of offset credits that a certificate holder must maintain in the account and
the minimum amount of offset credits the certificate holder shall provide to
replenish the account. The Department shall notify the certificate holder when
it must replenish its offset credit account according to the conditions in the
site certificate. The certificate holder shall maintain a positive balance in
the offset credit account for 30 years, unless the Council specifies a
different period in the site certificate.
(5) If the certificate holder is replenishing
its offset credit account by meeting the monetary path payment requirement
described in OAR 345-024-710, the certificate holder may replenish its offset
credit account without amending the site certificate by using the calculation
methodology detailed in conditions that the Council adopts in the site
certificate.
(6) If the certificate
holder proposes to replenish the offset credit account under OAR
345-024-0630(1),
the Council may amend the site certificate conditions to ensure that the
proposed offset projects are implemented.
(7) If the Council or a court on judicial
review concludes that the applicant has not demonstrated compliance with the
applicable carbon dioxide emissions standard under sections (1), (3) or (6) of
this rule, or any combination thereof, and the applicant agrees to meet the
requirements of section (2) for any deficiency, the Council or a court shall
find compliance based on such agreement.
Notes
Stat. Auth.: ORS 469.470 & 469.501
Stats. Implemented: ORS 469.501 & 469.503
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