Or. Admin. Code § 340-253-0100 - Oregon Clean Fuels Program Applicability and Requirements
(1) Regulated
parties.
(a) All persons that produce in
Oregon, or import into Oregon, any regulated fuel must comply with the rules in
this division.
(b) The regulated
parties for regulated fuels are designated under OAR
340-253-0310 and must comply
with sections (4) through (8) below;
(c) An out-of-state producer of ethanol,
biodiesel, renewable diesel, alternative jet fuel, renewable natural gas, or
renewable propane that is not an importer is not required to participate in the
program. Any out-of-state producer that is not an importer who chooses
voluntarily to participate in the program in order to initially generate
credits from the volumes of their fuel that is imported into Oregon must comply
with sections (4), (5), (7), (8), and (9) below;
(d) Small importers of finished fuels are
exempt from sections (6) and (7) below;
(e) Regulated parties must comply with OAR
chapter 340, division 215.
(2) Credit generators.
(a) The following rules designate persons
eligible to generate credits for each of the following fuel types:
(A) OAR
340-253-0320 for compressed
natural gas, liquefied natural gas, liquefied compressed natural gas, and
liquefied petroleum gas;
(B) OAR
340-253-0330 for
electricity;
(C) OAR
340-253-0340 for hydrogen fuel
or a hydrogen blend; and
(D) OAR
340-253-0350 for alternative jet
fuel.
(b) Any person
eligible to be a credit generator, and that is not a regulated party, is not
required to participate in the program. Any person who chooses voluntarily to
participate in the program in order to generate credits must comply with
sections (4), (5), (7), (8), and (9) below.
(3) Aggregator.
(a) Aggregators must comply with this section
and sections (4), (5), (7), and (8) below.
(b) Aggregators facilitate credit generation
and trade credits only if a regulated party or a credit generator has
authorized an aggregator to act on its behalf by submitting an Aggregator
Designation Form. An eligible credit generator may designate an aggregator for
its credit generation. The only exception to that designation by a credit
generator is the backstop aggregator designated under OAR
340-253-0330(7).
A regulated party or credit generator already registered with the program may
also serve as an aggregator for others. An aggregator is responsible for
notifying DEQ when its authorization to act on behalf of a credit generator or
regulated party has been withdrawn. Aggregator designations may only take
effect at the start of the next full calendar quarter after DEQ receives such
notice. Aggregator withdrawals may only take effect at the end of the current
full calendar quarter when DEQ receives such notice.
(4) Registration.
(a) A regulated party must submit a complete
registration application to DEQ under OAR
340-253-0500 for each fuel type
on or before the date upon which that party begins producing the fuel in Oregon
or importing the fuel into Oregon. The registration application must be
submitted using DEQ approved forms.
(b) A credit generator must submit a complete
registration application to DEQ under OAR
340-253-0500 for each fuel type
before it may generate credits for fuel produced, imported, or dispensed for
use in Oregon. DEQ will not recognize credits allegedly generated by any person
that does not have an approved, accurate and current registration.
(c) An aggregator must submit a complete
registration application to DEQ under OAR
340-253-0500 and an Aggregator
Designation Form each time it enters into a new contract with a regulated
party, a credit generator, or another aggregator to facilitate credit
generation or trade credits. Any violations by the aggregator may result in
enforcement against both the aggregator and the party it was designated to act
on behalf of.
(5)
Records. Regulated parties, credit generators, and aggregators must develop and
retain all records OAR
340-253-0600 requires.
(6) Clean fuel standards. Each regulated
party must comply with the following standards for all transportation fuel it
produces in Oregon or imports into Oregon in each compliance period. Each
regulated party may demonstrate compliance in each compliance period either by
producing or importing fuel that in the aggregate meets the standard or by
obtaining sufficient credits to offset the deficits it has incurred for such
fuel produced or imported into Oregon. The initial compliance period is for two
years, 2016 and 2017, and after that compliance periods will be for each single
calendar year.
(a) Table 1 under OAR
340-253-8010 establishes the
Oregon Clean Fuel Standard for Gasoline and Gasoline Substitutes; and
(b) Table 2 under OAR
340-253-8010 establishes the
Oregon Clean Fuel Standard for Diesel and Diesel Substitutes.
(7) Quarterly report. Each
regulated party, credit generator, and aggregator must submit quarterly reports
under OAR 340-253-0630, unless they are
exempt under subsection (1)(b) or they are a credit generator solely registered
for residential charging of electric vehicles.
(8) Annual report. Each regulated party,
credit generator, and aggregator must submit an annual report under OAR
340-253-0650. Each regulated
party must submit an annual report for 2016 notwithstanding that the initial
compliance period is for 2016 and 2017.
(9) Voluntary participation. The voluntary
participation in the program by any person shall conclusively establish that
person's consent to be subject to the jurisdiction of the State of Oregon, its
courts, and the administrative authority of DEQ to implement this program. If a
person does not consent to such jurisdiction, then the person may not
participate in the program.
Notes
Statutory/Other Authority: ORS 468.020, 468A.266, 468A.268 & 468A.277
Statutes/Other Implemented: ORS 468.020 & ORS 468A.265 through 468A.277
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