Oregon Administrative Rules
Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY
Division 272 - THIRD PARTY VERIFICATION
Section 340-272-0110 - Requirements for Verification of CFP Reports and Fuel Pathway Applications Submitted under OAR Chapter 340, Division 253
Universal Citation: OR Admin Rules 340-272-0110
Current through Register Vol. 63, No. 3, March 1, 2024
(1) Optional verification of CFP fuel pathway (carbon intensity or CI) applications.
(a)
Fuel pathway applicants supplying site-specific CI data for the fuel pathway
application are not required to meet the requirements of this division or
engage the services of a verification body to perform verification for each
fuel pathway application submitted under OAR chapter 340, division
253.
(b) Fuel pathway applications
that have been verified according to the requirements of this division,
including site visit(s), will be prioritized for approval by DEQ.
(A) Fuel pathway applicants that choose to
engage the services of a verification body to perform verification may do so
once a list of approved verification bodies and verifiers qualified to verify
CFP fuel pathway applications is made available on DEQ's website according to
OAR-340-272-0220(1)(d)(B).
(B) Fuel
pathway applicants submitting fuel pathway applications to DEQ that have been
verified according to the requirements of this division must submit the
verification statement at the same time that the application is
submitted.
(C) A fuel pathway
application submitted to DEQ that includes an adverse verification statement
will not be considered.
(c) Fuel pathway applications submitted to
DEQ that have been verified under California ARB's Low Carbon Fuel Standard may
submit to DEQ materials relating to that verification.
(A) Fuel pathway applications submitted to
DEQ that include a positive or qualified positive validation statement under
California ARB's Low Carbon Fuel Standard will be prioritized for approval by
DEQ.
(B) Fuel pathway applications
submitted to DEQ that include an adverse validation statement under California
ARB's Low Carbon Fuel Standard will not be considered.
(C) Any verification statements for the fuel
pathway under California ARB's Low Carbon Fuel Standard must also be submitted
at the same time that the fuel pathway application and validation statement are
submitted to DEQ.
(2) Annual verification of CFP annual fuel pathway (carbon intensity or CI) reports.
(a)
Applicability. The following persons must meet the requirements of this
division and engage the services of a verification body for the purposes of
annual verification under this division, including required site visit(s), for
each annual fuel pathway report submitted under OAR chapter 340, division 253,
except as otherwise provided under subsection (b):
(A) Holders of certified fuel pathways that
supplied site-specific CI data for pathway certification and are required to
update site-specific CI data on an annual basis; and
(B) Specified source feedstock suppliers and
other persons with site-specific CI data that apply for separate DEQ
recognition as a joint applicant under OAR chapter 340, division 253 and elect
to be responsible for separate verification.
(b) Exemptions. Holders of approved fuel
pathways that do not generate at least 6,000 total credits and deficits during
the previous calendar year for the quantity of fuel produced at a given
production facility and reported in the CFP are not subject to the requirements
of this division for that year.
(c)
Verification schedule. Responsible entities that are subject to the subsection
(a) requirement to engage the services of a verification body to perform
verification of annual fuel pathway reports (CI) must ensure a fuel pathway
verification statement for each fuel pathway report is submitted to DEQ
according to OAR 340-272-0100.
(A) Quarterly
review of operational CI data is optional and may only be included as part of
annual verification services if the fuel pathway holder submits quarterly data
to DEQ. Quarterly review may only be conducted after the fuel pathway holder
submits the report and attests that the statements and information submitted
are true, accurate, and complete. Quarterly review does not replace the
requirements for the verification team to consider all quarterly data submitted
during annual verification. Quarterly review must meet the requirements for
verification under this division, but a verification statement and verification
report are not submitted after quarterly review.
(B) Facilities with California pathways
recertified in Oregon. A responsible entity that must meet the requirements of
this division for the purposes of annual verification for any fuel production
facility that is also subject to annual or deferred verification under
California ARB's Low Carbon Fuel Standard must submit its verification
statement to DEQ within ten calendar days of its comparable submittal to
California ARB. If the responsible entity received an adverse verification
statement, it must also submit the log of issues at the same time it submits
the verification statement to DEQ.
(i) For
responsible entities that operate facilities with one or more Oregon fuel
pathway codes that are a recertification of California fuel pathway codes, the
verification statement submitted to California ARB must be submitted to DEQ
according to the verification deadline specified under OAR
340-272-0100.
(ii) For responsible
entities that operate facilities with one or more fuel pathway codes that are
not a recertification of California fuel pathway codes, but have active
California fuel pathway codes, the fuel pathway holder must ensure the
following:
(I) That when verification services
are provided, the inputs and annual operational carbon intensity are confirmed
under OR-GREET as required under OAR 340-272-0450; and
(II) That a fuel pathway verification
statement for each annual fuel pathway report is submitted to DEQ according to
OAR 340-272-0100.
(C) If a fuel pathway holder is eligible for
deferred verification under the California program, the fuel pathway holder
must notify DEQ before April 30 of each year. If fuel from the facility
generates 6,000 or more total credits and deficits in Oregon, then the fuel
pathway holder must engage the services of a verification body to perform
verification and ensure a fuel pathway verification statement for each annual
fuel pathway report is submitted to DEQ according to OAR
340-272-0100.
(3) Annual verification of CFP quarterly reports.
(a) Applicability. The following
persons must meet the requirements of this division and engage the services of
a verification body for the purposes of annual verification under this
division, including required site visit(s), for CFP quarterly reports submitted
under OAR chapter 340, division 253, except as otherwise provided under
subsection (b):
(A) Regulated parties, credit
generators, and aggregators subject to OAR 340-253-0100. The scope of
verification services is limited to the transaction types under paragraph (B),
including associated corrections submitted into CFP quarterly and annual
reports.
(B) Except as provided in
subsection (b), reporters of volumes for any of the following transaction types
must engage the services of a verification body to perform verification for the
following transaction types:
(i) All liquid
fuels, including:
(I) Production in
Oregon;
(II) Out of State
Production for Import;
(III) All
Import transactions;
(IV) Exports,
other than Position Holder Sales for Export or export transactions reported on
behalf of an unregistered exporter;
(V) Gain of inventory;
(VI) Loss of inventory;
(VII) Not used for transportation;
and
(VIII) Transactions used to
claim exempt uses under OAR 340-253-0250;
(ii) NGV fueling; and
(iii) Propane
fueling.
(b)
Exemptions. The following are not subject to the requirements of this division:
(A) Persons that do not generate 6,000 or
more total credits and deficits, in the aggregate, during the previous calendar
year. For the purposes of this rule, any credits or deficits generated by
persons that are related entities or share full or partial common ownership or
operational control must be aggregated together to determine whether or not the
exemption applies;
(B) Persons
reporting fuel transactions only in one or more of the transaction types:
Export, Position Holder Sale for Export, Gain of inventory, Loss of inventory,
and Not used for transportation, if all of the following conditions are met:
(i) All such transactions do not generate
6,000 or more total credits and deficits, in the aggregate, during the previous
calendar year;
(ii) The person did
not report any liquid fuel using the transaction types: Production in Oregon or
Import into Oregon; and
(iii) The
person did not report any NGV fueling
transactions.
(c) Verification schedule. Responsible
entities under subsection (a) required to engage the services of a verification
body to perform annual verification of CFP quarterly reports must ensure a
transactions data verification statement is submitted to DEQ according to OAR
340-272-0100.
(d) Optional
quarterly review. Quarterly review of a CFP quarterly report is optional and
does not replace the requirements for the verification team to consider all
quarterly data submitted during annual verification. Quarterly review must meet
the requirements of this division, but a verification statement and
verification report are not submitted after quarterly
review.
(4) Annual verification of CFP annual project reports.
(a) Applicability. The following persons must
meet the requirements of this division and engage the services of a
verification body for the purposes of annual verification, including required
site visit(s), for CFP project reports required to be submitted as a condition
of a fuel pathway's continued approval under OAR 340-253-0450(9)(e)(E):
(A) Project operators; and
(B) Joint applicants.
(b) Verification schedule. Responsible
entities under subsection (a) required to engage the services of a verification
body to perform verification of CFP project reports must ensure a project
report verification statement is submitted annually to DEQ according to with
OAR 340-272-0100.
Statutory/Other Authority: ORS 468.020, 468A.266, 468A.271 & 468A.277
Statutes/Other Implemented: ORS 468A.010, 468A.015 & 468A.265 through 468A.277
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