Current through Register Vol. 63, No. 3, March 1, 2024
(1) Verification services provided and
completed must meet the requirements of OAR 340-272-0405 through OAR
340-272-0495, as applicable to the type of CFP report or fuel pathway
application submitted under OAR chapter 340, division 253 or emissions data
report submitted under OAR chapter 340, division 215.
(2) Requirements for responsible entities.
(a) Responsible entities must engage the
services of a verification body that meets the requirements and criteria under
OAR 340-272-0210 and has been approved by DEQ under OAR 340-272-0220 to perform
verification under this division for the type of verification services
applicable to the responsible entity.
(b) A responsible entity that has been
notified by DEQ or by it's verification body that the verification body's DEQ
approval has been suspended or revoked, must engage the services of a different
DEQ-approved verification body to perform verification.
(c) Each responsible entity must ensure that
the verification services provided on its behalf meet the requirements of this
division.
(d) Records retention and
availability requirements.
(A) Responsible
entities must retain records necessary for completing verification services and
records requested by the verification team according to the recordkeeping
requirements of OAR chapter 340, division 215 or OAR chapter 340, division 253,
as applicable.
(B) Responsible
entities must retain for verification purposes and make available to the
verification team the following:
(i) All
information and documentation used to calculate and report emissions, fuel
quantities, and fuels and electricity transactions;
(ii) All data and information required by or
submitted under OAR chapter 340, division 215 or OAR chapter 340, division 253;
and
(iii) Other data and
information as necessary in order for verification services to be
completed.
(C)
Responsible entities must maintain documentation to support any revisions made
to the initial report or fuel pathway application submitted to DEQ as a result
of verification. Documentation for all submittals must be retained by the
responsible entity in paper or electronic format for a period of at least seven
years.
(3)
Requirements for verification bodies and verifiers.
(a) Eligibility to perform verification.
(A) A verification body or verifier must meet
the requirements and criteria of OAR 340-272-0210 and must have DEQ approval
under OAR 340-272-0220 to be eligible to perform verification under this
division.
(B) Verifiers must be
employed by, or contracted with a DEQ-approved verification body in order to
provide verification services under this division.
(b) Subcontracting.
(A) Any verification body that elects to
subcontract a portion of verification services must meet the following
requirements:
(i) The verification body must
assume full responsibility for verification services provided by subcontractor
verifiers;
(ii) A verification body
that engages a subcontractor shall be responsible for demonstrating an
acceptable level of conflict of interest, as provided in OAR 340-272-0500,
between its subcontractor and the reporting entity for which it will provide
verification services;
(iii) A
verification body that engages a subcontractor is responsible for ensuring the
subcontractor shall not further subcontract or outsource verification services
for a reporting entity.
(B) All subcontractors must apply for and
meet the requirements and criteria for DEQ approval under OAR 340-272-0210 and
be approved by DEQ under OAR 340-272-0220 in order to provide the verification
services for which the subcontractor has been engaged by the verification
body.
(c) If a
verification body receives a final determination from DEQ under OAR
340-272-0220(3) that is described in paragraphs (A) through (C) below, then the
verification body must provide written notification all responsible entities
with which it is currently engaged to provide verification services or that
have received verification services from it within the past six months of DEQ's
final determination within ten calendar days of receiving such final
determination, and the verification body may not continue to provide
verification services until the verification body receives DEQ approval to
recommence such services under OAR 340-272-0220:
(A) Any modification relevant to the
verification services provided;
(B)
Suspension of DEQ approval of the verification body or any of its verifiers,
lead verifiers, sector specific verifiers, or subcontractors; or
(C) Revocation of DEQ approval of the
verification body or any of its verifiers, lead verifiers, sector specific
verifiers, or subcontractors.
(d) Records retention.
(A) Verification bodies that provide
verification services under this division must retain documentation relating to
verification in paper or electronic format for a period of at least seven years
following the submission of each verification statement.
(B) The documentation must allow for a
transparent review of how a verification body reached its conclusion in the
verification statement, including independent review. At a minimum, the
documentation retained must include:
(i)
Report(s) or fuel pathway application(s) submitted by the responsible entity to
DEQ for which verification services are being provided;
(ii) Contracts for verification;
(iii) Verification plan(s);
(iv) Sampling plan(s);
(v) Verification report(s);
(vi) Verification statement(s); and
(vii) Any other documentation, calculations,
and verification notes developed as part of providing and completing
verification services.
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