Current through Register Vol. 63, No. 3, March 1, 2024
(1) Applicability.
This rule applies to providers of compressed natural gas, liquefied natural
gas, liquefied compressed natural gas, and liquefied petroleum gas for use as a
transportation fuel in Oregon.
(2)
Compressed natural gas. For CNG used as a transportation fuel, subsections (a)
through (c) determine the person who is eligible to generate credits.
(a) Fossil CNG. For fuel that is solely
fossil CNG, the person that is eligible to generate credits is the owner of the
compressor at the facility where the fuel is dispensed for use in a motor
vehicle.
(b) Bio-based CNG. For
fuel that is solely bio-based CNG, the person that is eligible to generate
credits is the producer or importer of the fuel.
(c) Blend of fossil CNG and bio-based CNG.
For fuel that is a blend of fossil CNG and bio-based CNG, the generated credits
will be split between the persons eligible to generate credits under
subsections (a) and (b) to give each credits based on the actual amount of each
in the blend.
(3)
Liquefied natural gas. For LNG used as a transportation fuel, subsections (a)
through (c) determine the person who is eligible to generate credits.
(a) Fossil LNG. For fuel that is solely
fossil LNG, the person that is eligible to generate credits is the owner of the
fueling equipment at the facility where the fuel is dispensed for use in a
motor vehicle.
(b) Bio-based LNG.
For fuel that is solely bio-based LNG, the person that is eligible to generate
credits is the producer or importer of the fuel.
(c) Blend of fossil LNG and bio-based LNG.
For fuel that is a blend of fossil LNG and bio-based LNG, the generated credits
will be split between the persons eligible to generate credits under
subsections (a) and (b) to give each credits based on the actual amount of each
in the blend.
(4)
Liquefied compressed natural gas. For L-CNG used as a transportation fuel,
subsections (a) through (c) determine the person who is eligible to generate
credits.
(a) Fossil L-CNG. For fuel that is
solely fossil L-CNG, the person that is eligible to generate credits is the
owner of the compressor at the facility where the fuel is dispensed for use in
a motor vehicle.
(b) Bio-based
L-CNG. For fuel that is solely bio-based L-CNG, the person that is eligible to
generate credits is the producer or importer of the fuel.
(c) Blend of fossil L-CNG and bio-based
L-CNG. For fuel that is a blend of fossil L-CNG and bio-based L-CNG, the
generated credits will be split between the persons eligible to generate
credits under subsections (a) and (b) to give each credits based on the actual
amount of each in the blend.
(5) Liquefied petroleum gas. For LPG used as
a transportation fuel, subsections (a) through (d) determine the person who is
eligible to generate credits.
(a) Fossil LPG.
(i) For fossil LPG that is dispensed for use
in a motor vehicle, the person that is eligible to generate credits is the
owner of the fueling equipment at the facility.
(ii) For fossil LPG that is dispensed for use
in a forklift, the person that is eligible to generate credits is the forklift
fleet owner or operator. The fleet owner or operator may also designate an
aggregator.
(b)
Renewable LPG. The producer or importer of the renewable LPG is eligible to
generate credits.
(c) Blend of
fossil and renewable LPG. For fuel that is a blend of fossil and renewable LPG,
the generated credits will be split between the person eligible to generate
credits under subsections (a) and (b) based on the actual amounts of each in
the blend.
(6)
Responsibilities to generate credits. Any person specified in sections (2)
through (5) may generate clean fuel credits by complying with the registration,
recordkeeping, reporting, and attestation requirements of this division - for
the fuel.
(7) For bio-based or
renewable fuels under this rule, the ability to generate credits for the fuel
may be transferred along with the fuel to another recipient of the fuel in the
state so long as it is documented in a written contract.
Statutory/Other Authority: ORS
468.020,
468A.266,
468A.268
& 468A.277
Statutes/Other Implemented: ORS
468.020 &
ORS
468A.265 through
468A.277
