Current through Register Vol. 63, No. 3, March 1, 2024
(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 must submit an application to DEQ, on a form
approved by DEQ, that includes the following information:
(a) For verifier applications, a statement
about whether the application is for approval as a verifier, a lead verifier,
or a sector specific verifier;
(b)
A statement about which specific types of emissions data reports submitted
under OAR chapter 340, division 215, fuel pathway applications or specific
types of CFP reports submitted under OAR chapter 340, division 253, or any
combination therein, for which the applicant is seeking approval to perform
verification;
(c) Documentation
demonstrating that the person or business entity holds the accreditation
requirements described in section (2);
(d) Additional information as required by
sections (2) through (7), as applicable;
(e) A certification that the person or
business entity agrees to comply with and be subject to the requirements of
this division in relation to all verification work for responsible entities;
and
(f) Any other information
requested by DEQ that DEQ determines is relevant to determine whether to
approve the applicant.
(2) Application information and accreditation
criteria for approval. Any person or business entity that wants to perform
verification under this division must provide documentation that the person has
met all the following criteria for approval, as applicable for the type of
verification approval the applicant seeks:
(a) The person or business entity holds an
active accreditation under at least one of the following programs:
(A) California ARB's Low Carbon Fuel Standard
program (LCFS);
(B) California
ARB's Mandatory Reporting of Greenhouse Gas Emissions program (MRR);
(C) American National Standards Institute for
Greenhouse Gas Validation/Verification Bodies (ANSI); or
(D) A substantially equivalent program to one
of the programs described in paragraphs (A), (B), or (C), and approved by
DEQ;
(b) To provide
verification services for CFP reports or fuel pathway applications submitted
under OAR chapter 340, division 253, the person or business entity must hold
accreditation under California ARB's LCFS, or a substantially equivalent
program approved by DEQ;
(c) To
provide verification services for emissions data reports submitted under OAR
chapter 340, division 215, the person or business entity must hold
accreditation under California ARB's MRR, ANSI, or a substantially equivalent
program approved by DEQ; and
(d)
All applicants must submit additional information in the application with
details of accreditation and verification experience, including but not limited
to, recognition or designation as a lead verifier or sector specific verifier,
and sector specific accreditations by California ARB or organization-level
sector accreditations by ANSI, as applicable, to demonstrate qualifications to
provide verification services for specific types of emissions data reports
submitted under OAR chapter 340, division 215, fuel pathway applications or
specific types of CFP reports submitted under OAR chapter 340, division 253, or
any combination therein.
(3) Application information and criteria for
approval for a verification body. To be approved as a verification body, the
applicant must also submit the following information to DEQ in the application:
(a) A list of all verification staff and
subcontractors and a description of their duties and qualifications, including
DEQ-approved verifiers on staff. The applicant must demonstrate staff
qualifications by listing each individual's education, experience, professional
licenses, accreditations, status as verifier, lead verifier, or sector specific
verifier, and other relevant information. A verification body must employ or
retain at least two lead verifiers, which may include retention as
subcontractors. Any subcontractor used to meet minimum lead verifier
requirements must be approved as a lead verifier by DEQ.
(b) A list of any judicial proceedings,
enforcement actions, or administrative actions filed against the verification
body within the previous five years, with an explanation as to the nature of
the proceedings;
(c) Documentation
that demonstrates that the body maintains a minimum of four million U.S.
dollars of professional liability insurance;
(d) Identification of services provided by
the verification body, the industries that the body serves, and the locations
where those services are provided;
(e) A detailed organizational chart that
includes the verification body, its management structure, and any related
entities; and
(f) The verification
body's internal conflict of interest policy that identifies activities and
limits to monetary or non-monetary gifts that apply to all employees and
procedures to monitor potential conflicts of interest.
(4) Application information and criteria for
approval as a verifier. To be approved as a verifier, the applicant must also
submit the following information to DEQ in the application:
(a) Applicants must indicate their employer
or affiliated verification body on the application; and
(b) Applicants must demonstrate verification
qualifications by providing information on education, experience, professional
licenses, accreditations, status as verifier, lead verifier, or sector specific
verifier, and other relevant information or other personal development
activities that demonstrate communication, technical, and analytical skills
necessary to perform verification. Evidence demonstrating necessary skills may
include, but is not limited to:
(A) A
bachelor's level college degree or equivalent in engineering, science,
technology, business, statistics, mathematics, environmental policy, economics,
or financial auditing; or
(B) Work
experience in a professional role involved in emissions data management,
emissions technology, emissions inventories, environmental auditing, financial
auditing, life cycle analysis, transportation fuel production, or other
technical skills necessary to perform
verification.
(5) Application information and criteria for
approval as a lead verifier for the GHG Reporting Program. To be approved as a
lead verifier for verification of emissions data reports submitted under OAR
chapter 340, division 215, in addition to submitting information as required by
section (4), the applicant must also submit documentation to DEQ in the
application indicating that at least one of the following qualifications are
met:
(a) The verifier is accredited as a lead
verifier by California ARB for the Mandatory Reporting of Greenhouse Gas
Emissions program;
(b) The verifier
is designated as a lead verifier by the ANSI-accredited verification body with
which it is employed or affiliated; or
(c) The verifier is designated as a lead
verifier by a substantially equivalent program to one of the programs described
in subsection (a) or (b), and that is approved by DEQ.
(6) Application information and criteria for
approval as a lead verifier for the CFP. To be approved as a lead verifier for
verification of CFP reports or fuel pathway applications submitted under OAR
chapter 340, division 253, in addition to submitting information as required by
section (4), the applicant must also submit the following documentation to DEQ
in the application:
(a) Indication that the
applicant is accredited as a lead verifier by California ARB for the Low Carbon
Fuel Standard program, or is designated as a lead verifier by a substantially
equivalent program approved by DEQ;
(b) To be approved as a lead verifier for
verification of CFP fuel pathway applications or annual fuel pathway reports,
the applicant must also submit documentation to DEQ in the application that
demonstrates experience in alternative fuel production technology and process
engineering; and
(c) To be approved
as a lead verifier for verification of CFP project reports and quarterly
reports submitted by producers and importers of gasoline or diesel, the
applicant must submit documentation to DEQ in the application that demonstrates
experience with oil and gas systems. This evidence may include accreditation as
an oil and gas systems sector specific verifier.
(7) Application information and criteria for
approval as a sector specific verifier. To be approved as a sector specific
verifier, in addition to submitting information as required by section (4), the
applicant must also submit documentation to DEQ in the application
demonstrating at least two years of professional experience related to the
sector in which the individual is seeking approval.
(8) Verification training and exam
requirements.
(a) To be approved by DEQ,
applicants must take DEQ-approved general verification training, sector
specific verification training, CFP specific verification training, and GHG
Reporting Program specific verification training, as made available and deemed
applicable by DEQ based on the application submitted to DEQ and for the type of
approval the applicant has requested.
(b) Applicants must receive a passing score
of greater than an unweighted 70 percent on an exit examination.
(A) If the applicant does not pass the exam
after the training, the applicant may retake the exam a second time.
(B) Only one retake of the examination is
allowed before the applicant must retake the applicable
training.
Statutory/Other Authority: ORS
468.020,
468A.050,
468A.266,
468A.271,
468A.277 & 468A.280
Statutes/Other Implemented: ORS
468A.010,
468A.015,
468A.050,
468A.265 through
468A.277 &
468A.280