Current through Register Vol. 63, No. 3, March 1, 2024
(1) Regulated
party. The regulated party is the producer or importer of the regulated fuel
under OAR 340-253-0200(2).
(2)
Recipient notification requirement. If a regulated party intends to transfer
ownership of fuel, it is the recipient's responsibility to notify the
transferor whether the recipient is a producer, a position holder, an importer
of blendstocks, a large importer of finished fuels, a small importer of
finished fuels, or is not an importer or otherwise registered under this
program. The notification does not have to be in writing.
(3) Recipient is a position holder, an
importer of blendstocks or a large importer of finished fuels above the rack.
If a regulated party transfers the fuel to a position holder, an importer of
blendstocks, or a large importer of finished fuels above the rack, the
transferor and the recipient have the options and responsibilities under this
section.
(a) Unless the transferor elects to
remain the regulated party under (3)(b):
(A)
The recipient is now the regulated party who:
(i) Must comply with the registration,
recordkeeping and reporting requirements under OAR 340-253-0500, 340-253-0600,
340-253-0620, 340-253-0630, and 340-253-0650 for the fuel;
(ii) Is responsible for compliance with the
clean fuel standard for the fuel under OAR 340-253-0100(6); and
(iii) Is eligible to generate credits for the
fuel, as applicable.
(B)
The transferor must provide the recipient a product transfer document by the
time of transfer. The product transfer document must prominently indicate that
the recipient is now the regulated party.
(C) The transferor is no longer responsible
for compliance with the clean fuel standard for such fuel, except for
maintaining the product transfer documentation under OAR
340-253-0600.
(b) The
transferor may elect to remain the regulated party for the transferred fuel. If
the transferor elects to remain the regulated party:
(A) The transferor remains the regulated
party who:
(i) Must comply with the
registration, recordkeeping and reporting requirements under OAR 340-253-0500,
340-253-0600, 340-253-0620, 340-253-0630, and 340-253-0650 for the
fuel;
(ii) Is responsible for
compliance with the clean fuel standard for such fuel under OAR
340-253-0100(6); and
(iii) Is
eligible to generate credits for the fuel, as applicable.
(B) The transferor must provide the recipient
a product transfer document by the time of transfer. The product transfer
document must prominently indicate that the transferor remains the regulated
party.
(C) The recipient:
(i) Must comply with the registration,
recordkeeping and reporting requirements under OAR 340-253-0500, 340-253-0600,
340-253-0620, 340-253-0630, and 340-253-0650 for the fuel;
(ii) Is not responsible for compliance with
the clean fuel standard for such fuel under OAR 340-253-0100(6); and
(iii) Is not eligible to generate credits for
the fuel, as applicable.
(4) Recipient is a large importer of finished
fuels below the rack. If a regulated party transfers clear or blended gasoline
or diesel to a large importer of finished fuels below the rack:
(a) The transferor remains the regulated
party who:
(A) Must comply with the
registration, recordkeeping and reporting requirements under OAR 340-253-0500,
340-253-0600, 340-253-0620, 340-253-0630, and 340-253-0650 for the fuel;
and
(B) Is responsible for
compliance with the clean fuel standard for such fuel under OAR
340-253-0100(6).
(b) The
transferor must provide the recipient a product transfer document by the time
of transfer. The product transfer document must prominently indicate that the
transferor remains the regulated party.
(c) The recipient:
(A) Must comply with the registration,
recordkeeping and reporting requirements under OAR 340-253-0500, 340-253-0600,
340-253-0620, 340-253-0630, and 340-253-0650 for the fuel;
(B) Is not responsible for compliance with
the clean fuel standard for such fuel under OAR 340-253-0100(6); and
(C) Is not eligible to generate credits for
the fuel, as applicable.
(d) This provision does not apply if the fuel
is meant for export.
(5)
Recipient is a producer, a small importer of finished fuels, or is not an
importer. If a regulated party transfers the fuel to a producer, a small
importer of finished fuels, or a person who is not an importer, the transferor
and the recipient have the options and responsibilities under this section.
(a) Unless the recipient and the transferor
agree in writing the recipient is the regulated party under subsection (5)(b):
(A) The transferor remains the regulated
party who:
(i) Must comply with the
registration, recordkeeping and reporting requirements under OAR 340-253-0500,
340-253-0600, 340-253-0620, 340-253-0630, and 340-253-0650 for the
fuel;
(ii) Is responsible for
compliance with the clean fuel standard for such fuel for such fuel under OAR
340-253-0100(6); and
(iii) Is
eligible to generate credits for the fuel, as applicable.
(B) The transferor must provide the recipient
a product transfer document by the time of transfer. The product transfer
document must prominently indicate that the transferor remains the regulated
party.
(C) The recipient is not the
regulated party.
(b) The
recipient may elect to be the regulated party for the transferred fuel. If the
recipient elects to be the regulated party:
(A) The recipient is the regulated party who:
(i) Must comply with the registration,
recordkeeping and reporting requirements under OAR 340-253-0500, 340-253-0600,
340-253-0620, 340-253-0630, and 340-253-0650 for the fuel;
(ii) Is responsible for compliance with the
clean fuel standard for such fuel for such fuel under OAR 340-253-0100(6);
and
(iii) Is eligible to generate
credits for the fuel, as applicable.
(B) The transferor must provide the recipient
a product transfer document by the time of transfer. The product transfer
document must prominently indicate that the recipient is now the regulated
party.
(C) The transferor is not
the regulated party, except for maintaining the product transfer documentation
under OAR 340-253-0600.
(6) Fuel produced by a voluntarily registered
out-of-state producer registered under OAR 340-253-0100(1)(c) is ineligible to
generate credits or deficits unless and until it is imported into
Oregon.
Statutory/Other Authority: ORS
468.020,
468A.266,
468A.268
& 468A.277
Statutes/Other Implemented: ORS
468.020 &
ORS
468A.265 through
468A.277
