Current through Register Vol. 63, No. 3, March 1, 2024
(1) Cessation for covered fuel suppliers.
(a) A person that is a covered fuel supplier
as described in OAR 340-271-0110 remains a covered fuel supplier until the
person receives written notification from DEQ after either or both:
(A) The person's annual covered emissions are
0 (zero) MT CO2e for six consecutive calendar years. If the person is not a
local distribution company, the covered emissions of the person's related
entities must also be 0 (zero) MT CO2e for the same six consecutive calendar
years; or
(B) The person was
designated a covered fuel supplier in OAR 340-271-0110(3), the sum of its
annual covered emissions and the annual covered emissions of its related
entities are less than 25,000 MT CO2e for six consecutive calendar years and
the person applies to DEQ according to subsection (c).
(b) After a covered fuel supplier identified
according to paragraph (a)(A) demonstrates compliance with compliance
obligations for the years up to and including the years described in paragraph
(a)(A), DEQ will notify the designated representative of the covered fuel
supplier in writing that cessation is met.
(c) In order for cessation according to
paragraph (a)(B) to take effect, a covered fuel supplier must apply to cease
being a covered fuel supplier by submitting the following information to DEQ on
a form approved by DEQ:
(A) Information about
the covered fuel supplier, including:
(i) Name
and full mailing address, and website; and
(ii) Designated representative's contact
information including name, title or position, phone number, and email
address;
(B) If the
person is not a local distribution company information about each related
entity required to report emissions according to OAR chapter 340, division 215,
for each of the six consecutive calendar years, including legal name, full
mailing address, and whether each is a covered fuel supplier and holds a CPP
permit;
(C) Information about
remaining requirements that must be met according to this division at the time
the application is submitted to DEQ; and
(D) The following attestation, signed by the
designated representative of the covered fuel supplier:
I certify under penalty of perjury under the laws of the State
of Oregon that to the best of my knowledge and belief, the information provided
in this form is true, accurate, and complete. [Covered fuel supplier] meets the
eligibility for cessation as a covered fuel supplier according to Oregon
Administrative Rules chapter 340, division 271. I understand that ceasing to be
a covered fuel supplier means that [covered fuel supplier] will also cease to
hold any compliance instruments and CCI credits.
(d) After the covered fuel supplier applying
for cessation according to paragraph (a)(B) and subsection (c) demonstrates
compliance with compliance obligations for the years up to and including the
years described in paragraph (a)(B), DEQ will notify the designated
representative of the covered fuel supplier in writing that the application for
cessation is approved and that cessation is met.
(e) A person that ceases to be a covered fuel
supplier according to this section must comply with all remaining applicable
recordkeeping requirements of this division from the last date on which the
person was a covered fuel supplier.
(f) When a person ceases to be a covered fuel
supplier:
(A) The cessation does not change
the compliance obligation for any year for which the person has already
demonstrated compliance;
(B) Any
remaining compliance instruments held by the person will be retired, held in
reserve, or distributed by DEQ according to OAR 340-271-0430(3); and
(C) Any remaining community climate
investment credits held by the person will be canceled according to OAR
340-271-0830(1)(c).
(2) Cessation for covered stationary sources.
(a) A person that is a covered stationary
source as described in OAR 340-271-0110 remains a covered stationary source
until either of the following occur:
(A) The
person's operations are changed such that all greenhouse gas emitting processes
and operations cease to operate or are shut down. In order for cessation to
take effect, the person must submit a written notification to DEQ certifying
the cessation of all greenhouse gas emitting processes and operations;
or
(B) The person's covered
emissions are less than 25,000 MT CO2e for five consecutive calendar years and
the person has fully complied with any applicable BAER order and any related
reporting requirements and has submitted any remaining required BAER assessment
and five-year BAER report. In order for cessation to take effect, DEQ will
notify the covered stationary source that cessation is met.
(b) This section does not apply to seasonal
operational cessations or other temporary cessation of operations.
(c) A person that ceases to be a covered
stationary source according to this section must comply with all remaining
applicable recordkeeping requirements of this division from the last date on
which the person was a covered stationary source.
(3) Any person that ceases to be a covered
entity according to this rule must resume meeting the requirements of this
division for any future year in which applicability is met.
Statutory/Other Authority: ORS
468.020,
468A.025,
468A.040 & 468A.050
Statutes/Other Implemented: ORS
468.020,
468A.025,
468A.040,
468A.050,
468.035,
468A.010,
468A.015 &
468A.045