Oregon Administrative Code

340-271-0950 Equity Advisory Committee and Environmental Justice Community Engagement (1) DEQ will appoint and convene an equity advisory committee to assist DEQ with: (a) Review of: (A) Applications to become a CCI entity; (B) Requests for DEQ approval of work plans; and (C) Oth…

340-271-0990 Recordkeeping Requirements for Community Climate Investment Entities (1) A CCI entity must retain the following records, in paper or electronic format, for the duration of its approval as a CCI entity and for a period of at least seven years following the end of its …

340-271-8100 Program Review (1) DEQ will report to the EQC on community climate investments. DEQ will submit the first report to the EQC by August 30, 2024 and every two years thereafter. DEQ will share each report with current members of the equity advisory committee after submi…

340-271-8110 Deferrals DEQ may extend reporting or demonstration of compliance deadlines as DEQ deems necessary or appropriate and will issue written notice of any extensions. Statutory/Other Authority: ORS 468.020, 468A.025 & 468A.040 Statutes/Other Implemented: ORS 468.020, 468…

340-271-8120 Severability Each requirement of this division is severable, and if any requirement of this division is held invalid, the remainder of the requirements of this division will continue in full force and effect. Statutory/Other Authority: ORS 468.020, 468A.025 & 468A.04…

340-271-9000 Tables (1) Table 1. Thresholds for applicability described in OAR 340-271-0110(3). (2) Table 2. Oregon Climate Protection Program caps. (3) Table 3. Compliance instrument reserve size. (4) Table 4. Compliance instrument distribution to covered fuel suppliers that are…

340-272-0010 Purpose and Scope (1) The purpose of this division is to establish requirements for responsible entities that must engage the services of a verification body approved by DEQ to perform verification under this division for emissions data reports submitted under OAR ch…

340-272-0020 Definitions The definitions in this rule and in OAR 340-200-0020, OAR 340-215-0020, and OAR 340-253-0040, and the acronyms in OAR 340-253-0060 apply to this division. If the same term is defined in this rule and another division, the definition in this rule applies t…

340-272-0100 General Requirements for Verification of Reports and Fuel Pathway Applications (1) The annual third party verification requirements set forth in this division apply beginning in 2022 for reports with data for calendar year 2021, and in each year thereafter. Quarterly…

340-272-0110 Requirements for Validation of Fuel Pathway Applications Submitted under OAR Chapter 340, Division 253 and Verification of Annual Fuel Pathway Reports and CFP Quarterly Reports submitted under OAR Chapter 340, Division 253 (1) Validation of CFP fuel pathway (carbon i…

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…

340-272-0210 Applications and Criteria for DEQ Approval of Verification Bodies and Verifiers (1) Application for approval. A business entity or person seeking DEQ approval or renewal of DEQ approval to perform verification under this division as a verification body or verifier mu…

340-272-0220 DEQ Review and Approval of Verification Bodies and Verifiers (1) DEQ application review and approval process for verification bodies and verifiers. (a) After receipt of an application under OAR 340-272-0210, DEQ will inform the applicant either that a submitted appli…

340-272-0300 Requirements for Verification Services (1) Verification services provided and completed must meet the requirements of OAR 340-272-0405 through OAR 340-272-0495, as applicable to the type of CFP report or fuel pathway application submitted under OAR chapter 340, divis…

340-272-0350 DEQ Review and Approval of Verification and Re-verification Requirements (1) DEQ review of verification. (a) In addition to any other enforcement authority DEQ may have, DEQ retains full authority in determining whether to approve, modify, or reject any verification …

340-272-0355 DEQ Data Requests and Audits (1) DEQ data requests and audits of responsible entities. (a) Upon written request by DEQ, the responsible entity must provide the data used to generate a report or fuel pathway application including all data made available to the verific…

340-272-0405 Notice of Verification Services (1) Before a verification body commences any verification services for the responsible entity, the responsible entity must ensure the verification body submits a notice of verification services to DEQ that meets the requirements of thi…

340-272-0410 Scoping Verification Services (1) Before beginning work on a verification, the responsible entity and the verification team must discuss the activities and scope of the verification services and there must be a transfer of information and documents that are needed fo…

340-272-0415 Verification Plan (1) Verification services must include the development of a verification plan that meets the requirements of this rule. (2) All verification plans must contain information on the timing of verification services, including: (a) Dates of proposed meet…

340-272-0420 Site Visits (1) Verification services must include site visit(s) that meet the requirements of this rule. (2) Site visit(s) conducted as part of verification services for verification of CFP reports and fuel pathway applications submitted under OAR chapter 340, divis…

340-272-0425 Sampling Plan (1) Verification services must include the development of a sampling plan that meets the requirements of this rule. (2) All sampling plans must meet the following requirements: (a) The sampling plan must be developed based on a strategic analysis develo…

340-272-0430 Data Checks (1) Verification services must include data checks that meet the requirements of this rule. (2) All data checks must meet the following requirements: (a) Data checks must be used to determine the reliability of the submitted report or fuel pathway applica…

340-272-0435 Documentation of Differences and Modifications to Reports and Fuel Pathway Applications (1) While conducting verification services and data checks, the verification team must: (a) Determine correctable errors using professional judgment, including whether differences…

340-272-0440 Findings (1) To verify that the report or fuel pathway application is free of material misstatements, the verification team must make its own determination of emissions for checked sources or make its own calculation of specified data types reported by substituting t…

340-272-0445 Log of Issues (1) Ther verification team must keep a log that documents any issues identified in the course of verification that may affect determinations of material misstatement and nonconformance, whether identified by the verification team, by the responsible ent…

340-272-0450 Material Misstatement Assessments for CFP Fuel Pathways and Quarterly Fuel Transactions Submitted under OAR Chapter 340, Division 253 (1) The verification team must conduct separate assessments of material misstatement on each calculated operational CI value and each…

340-272-0455 Material Misstatement Assessments for CFP Project Reports Submitted under OAR Chapter 340, Division 253 (1) The verification team must conduct separate assessments of material misstatement of project data for each CFP project report submitted under OAR chapter 340, d…

340-272-0460 Material Misstatement Assessments for Emissions Data Submitted under OAR Chapter 340, Division 215 (1) The verification team must conduct separate assessments for material misstatement of total reported emissions for each emissions data report submitted under OAR cha…

340-272-0465 Review of Missing Data Substitution (1) If a source selected for a data check was affected by a loss of data used for the reported data in the report or fuel pathway application, then the verification team must confirm that the reported data or reported emissions for…

340-272-0470 Review of Operations and Emissions for Emissions Data Reports Submitted under OAR Chapter 340, Division 215 (1) Verification services for verification of GHG Reporting Program emissions data reports submitted under OAR chapter 340, division 215 must include review th…

340-272-0495 Independent Review and Completion of Verification Services (1) Verification statement. The verification body must complete a verification statement(s) upon completion of verification services, provide its statement to the responsible entity, and submit its statement …

340-272-0500 Requirements for Conflict of Interest Evaluation (1) Conflict of interest evaluation. Before verification services may begin, each responsible entity must coordinate with the verification body with which it has engaged to perform verification to conduct a conflict of…

340-273-0010 Purpose and Scope (1) This division establishes rules and requirements for the Climate Protection Program for certain air contamination sources that emit greenhouse gases or that cause greenhouse gases to be emitted. (2) Climate change caused by anthropogenic greenho…

340-273-0020 Definitions The definitions in OAR 340-200-0020, OAR 340-215-0020, and this rule apply to this division. If the same term is defined in this rule and either or both OAR 340-200-0020 and OAR 340-215-0020, the definition in this rule applies to this division. If the sa…

340-273-0030 Acronyms (1) “CCI” means community climate investment. (2) “CFR” means Code of Federal Regulations. (3) “CPI-U West” means the US Bureau of Labor and Statistics West Region Consumer Price Index for All Urban Consumers for all Items. (4) “CPP” means Oregon Climate Pro…

340-273-0090 Overview of Program Provisions for Covered Entities and CCI Entities (1) OAR 340-273-0100 describes general requirements for covered entities. (2) OAR 340-273-0110 describes which air contamination sources are covered entities subject to the requirements of the CPP. …

340-273-0100 Oregon Climate Protection Program Requirements (1) A person who owns or operates a covered entity must comply with the rules in this division, including all provisions of this division that create any type of obligation of, or requirement that applies to, the covered…

340-273-0110 Covered Entity and Covered Emissions Applicability (1) Calculations of covered emissions, compliance obligations, and distribution of compliance instruments will be based on emissions data and information submitted in accordance with this rule and in emissions data r…

340-273-0120 Changes in Covered Entity Ownership and Changes to Related Entities (1) Changes in ownership or operational control. (a) If a covered entity undergoes a change in ownership or operational control, the new person that owns or operates the covered entity must notify DE…

340-273-0130 Cessation of Covered Entity Applicability (1) Cessation for covered fuel suppliers. (a) A person that is a covered fuel supplier as described in OAR 340-273-0110 remains a covered fuel supplier until the person receives written notification from DEQ after either or b…

340-273-0150 Covered Entity Permit Requirements (1) A person described in either or both OAR 340-273-0110(3) or (4) must apply for a CPP permit as provided in this section. (a) The person must apply for a CPP permit according to subsections (b) and (c) by the following deadlines:…

340-273-0400 Generation of Compliance Instruments (1) Each year, DEQ will generate the number of compliance instruments equal to the cap for the calendar year identified in Table 2 in OAR 340-273-9000. (2) Additional 2025 compliance instruments. DEQ will add together the 2022, 20…

340-273-0410 Distribution of Compliance Instruments to Covered Emissions-Intensive and Trade-Exposed Sources and Covered Direct Natural Gas Sources (1) DEQ will distribute compliance instruments annually to covered EITE sources and covered DNG sources according to this rule. DEQ …

340-273-0420 Distribution of Compliance Instruments to Covered Fuel Suppliers (1) DEQ will distribute compliance instruments to covered fuel suppliers according to this rule. DEQ will distribute compliance instruments from a cap according to sections (2), (3), (4), (5), (6), and …

340-273-0430 Holding Compliance Instruments (1) A covered entity that is issued or acquires a compliance instrument under this division may continue to hold the compliance instrument until any of the following apply: (a) The covered entity uses the compliance instrument toward it…

340-273-0440 Compliance Periods (1) The first compliance period is three consecutive calendar years. Each subsequent compliance period is two consecutive calendar years. (2) The first compliance period begins with calendar year 2025 and includes calendar years 2026 and 2027. (3) …

340-273-0450 Demonstration of Compliance (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 eac…

340-273-0490 Recordkeeping Requirements Related to Demonstration of Compliance (1) A covered entity must retain the following records necessary for determining compliance obligations, in paper or electronic format, for a period of at least seven years beginning September 30 of th…

340-273-0500 Trading of Compliance Instruments (1) Covered entities may trade one or more compliance instruments only according to this rule. A covered entity may transfer one or more compliance instruments to another covered entity up to the amount that it has available and has …

340-273-0510 Compliance Instrument Trade Notifications and Process (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 complia…