Current through Register Vol. 63, No. 3, March 1, 2024
(1) Verification
services must include the development of a sampling plan that meets the
requirements of this rule.
(2) All
sampling plans must meet the following requirements:
(a) The sampling plan must be developed based
on a strategic analysis developed from document reviews and interviews to
assess the likely nature, scale, and complexity of the verification services
for a responsible entity and type of report or fuel pathway application. The
analysis must review the inputs for the development of the submitted report(s)
and fuel pathway application(s), the rigor and appropriateness of data
management systems, and the coordination within the responsible entity's
organization to manage the operation and maintenance of equipment and systems
used to develop submitted report(s) and fuel pathway application(s);
(b) The sampling plan must be revised to
describe tasks completed as information becomes available and potential issues
emerge with material misstatement or nonconformance; and
(c) The sampling plan must be retained
according to the recordkeeping requirements of OAR 340-272-0300(3)(d). The
sampling plan must be made available to DEQ upon request.
(3) In addition to meeting the requirements
under section (2), sampling plans for verification services provided for CFP
reports and fuel pathway applications submitted under OAR chapter 340, division
253 must also meet the requirements of this section:
(a) The sampling plan must include a ranking
of data sources by relative contribution to the data type to be assessed for
material misstatement and a ranking of data sources with the largest
calculation uncertainty, including risk of incomplete reporting, based on type
of report or fuel pathway application;
(b) The sampling plan must include a
qualitative narrative of uncertainty risk assessment in the following areas:
(A) Data acquisition equipment;
(B) Data sampling and frequency;
(C) Data processing and tracking;
(D) Tracking of fuel transportation into
Oregon to include modes of transportation and distances traveled, as applicable
for CFP fuel pathway applications or annual fuel pathway reports;
(E) CI calculations, as applicable;
(F) Fuel pathway code allocation methodology,
as applicable; and
(G) Management
policies or practices in developing CFP reports;
(c) After the verification team completes the
strategic analysis and risk assessment, the sampling plan must be revised to
include a list with the information described in paragraphs (A) through (C) of
this subsection. The sampling plan list must be updated and finalized before
the completion of verification services. The final sampling plan must describe
in detail how the identified risks were addressed during the verification. When
quarterly reviews are conducted as part of annual verification services, the
final sampling plan must describe in detail how the risks and issues identified
for the annual data set were addressed during each quarterly review and final
annual verification. The sampling plan list must include the following:
(A) Data sources that will be targeted for
document reviews, data checks as specified under OAR 340-272-0430, and an
explanation of why they were chosen;
(B) Methods used to conduct data checks for
each data type; and
(C) A summary
of the information analyzed in the data checks and document reviews conducted
for each data type; and
(d) Specified source feedstocks included in
CFP fuel pathway applications and annual fuel pathway reports that require
verification must be included in the scope of verification services. When
verification is not required for a fuel pathway, specified source feedstocks
must be included in the scope of verification of the CFP quarterly reports. The
verification team must use professional judgment and include in its risk
assessment and sampling plan its analysis of the need for a desk review or site
visit for verification of any entity in the feedstock chain of custody. This
analysis must include an evaluation of the need to trace feedstock through
feedstock suppliers, including aggregators, storage or pretreatment facilities,
and traders or brokers, to the point of origin. If an error is detected during
data checks of records maintained by the responsible entity, the risk
assessment and sampling plan must be updated to assure specified source
feedstock characterization and quantities to the point of origin.
(4) In addition to meeting the
requirements under section (2), sampling plans for verification services
provided for GHG Reporting Program emissions data reports submitted under OAR
chapter 340, division 215 must also meet the requirements of this section:
(a) The sampling plan must include a ranking
of emissions sources by amount of contribution to total reported emissions
(metric tons of CO2e) for the responsible entity and a ranking of emissions
sources with the largest calculation uncertainty. As applicable and deemed
appropriate by the verification team, fuel and electricity transactions must
also be ranked or evaluated relative to the amount of fuel or power exchanged
and uncertainties that may apply to data provided by the responsible entity
including risk of incomplete reporting;
(b) The sampling plan must include a
qualitative narrative of uncertainty risk assessment in the following areas:
(A) Data acquisition equipment;
(B) Data sampling and frequency;
(C) Data processing and tracking;
(D) Emissions calculations;
(E) Data reporting; and
(F) Management policies or practices in
developing emissions data reports; and
(c) After the verification team completes the
strategic analysis and risk assessment, the sampling plan must be revised to
include a list with the information described in paragraphs (A) through (C) of
this subsection. The sampling plan list must be updated and finalized before
the completion of verification services. The final sampling plan must describe
in detail how the identified risks were addressed during the verification. The
sampling plan list must include the following:
(A) Emissions sources and transactions, as
applicable, that will be targeted for document reviews, and data checks as
specified under OAR 340-272-0430, and an explanation of why they were
chosen;
(B) Methods used to conduct
data checks for each source or transaction; and
(C) A summary of the information analyzed in
the data checks and document reviews conducted for each emissions source or
transaction targeted.
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