DEPARTMENT OF ENVIRONMENTAL QUALITY

DIVISION 253

OREGON CLEAN FUELS PROGRAM

340-253-0040

Definitions

The definitions in OAR 340-200-0020 and this rule apply to this division. If the same term is defined in this rule and OAR 340-200-0020, the definition in this rule applies to this division.

(1) “Baseline carbon intensity value” is 90.38 gCO2e per MJ for gasoline and gasoline substitutes and 90.00 gCO2e per MJ for diesel fuel and diesel substitutes. These values are based on the mix of regulated and opt-in fuels supplied for use as a transportation fuel in Oregon in 2010.

(2) “Biodiesel” has the same meaning as defined under OAR 603-027-0410.

(3) “Biogas” means natural gas that meets the purity requirements under OAR 860-023-0025 and is produced from the breakdown of organic material in the absence of oxygen. Biogas production processes include, but are not limited to, anaerobic digestion, anaerobic decomposition and thermo-chemical decomposition:

(a) Applied to biodegradable biomass materials, such as manure, sewage, municipal solid waste, and waste from energy crops; and

(b) Used to produce landfill gas and digester gas.

(4) “Biogas compressed natural gas” means compressed natural gas consisting solely of compressed biogas.

(5) “Biogas liquefied natural gas” means liquefied natural gas consisting solely of liquefied biogas.

(6) “Biomass" has the same meaning as defined under OAR 603-027-0410.

(7) “Biomass-Based diesel” or “Renewable diesel” has the same meaning as defined under OAR 603-027-0410.

(8) “Blendstock” means a component blended with one or more other components to produce a finished fuel used in a motor vehicle.

(9) “Carbon intensity” means the amount of lifecycle greenhouse gas emissions per unit of energy of fuel expressed in grams of carbon dioxide equivalent per megajoule (gCO2e per MJ).

(10) “Compressed natural gas” means either biogas or fossil natural gas that meets the standards listed under OAR 860-023-0025 compressed to a pressure greater than ambient pressure.

(11) “Diesel fuel” has the same meaning as defined under OAR 603-027-0410.

(12) “Diesel substitute” means any fuel, other than diesel fuel, that may be used in light-duty or heavy-duty vehicles, and off-road vehicles that typically use diesel as a fuel. Diesel substitutes include but are not limited to liquefied natural gas used in a heavy duty motor vehicle and biodiesel used in a heavy duty motor vehicle.

(13) “Electricity bundled services supplier” means any person or entity that provides charging infrastructure and provides access to vehicles charging under contract with a charging service recipient or charging equipment owner.

(14) “Electric utility” has the same meaning as defined in ORS 757.600.

(15) “Ethanol” or “Denatured fuel ethanol” has the same meaning as defined under OAR 603-027-0410.

(16) “Feedstock” means the material a fuel is made from.

(17) “Finished fuel” means a transportation fuel used directly in a motor vehicle without additional chemical or physical processing.

(18) “Finished hydrogen fuel” means a finished fuel that consists of:

(a) Hydrogen; or

(b) A blend of hydrogen and another fuel.

(19) “Fossil compressed natural gas” means compressed natural gas derived solely from petroleum or fossil sources such as oil fields and coal beds.

(20) “Fossil liquefied natural gas” means liquefied natural gas derived solely from petroleum or fossil sources such as oil fields and coal beds.

(21) “Fuel type” or “Fuel pathway” means any unique fuel feedstock and production process combination.

(22) “Gasoline” has the same meaning as defined under OAR 603-027-0410.

(23) “Gasoline substitute” means any fuel, other than gasoline, that may be used in light-duty vehicles that typically use gasoline as a fuel. Gasoline substitutes include but are not limited to electricity used in a light-duty motor vehicle and natural gas used in a light-duty motor vehicle.

(24) “Heavy duty motor vehicle” has the same meaning as defined under OAR 340-256-0010.

(25) “Import” means to bring a blendstock or a finished fuel from outside Oregon into Oregon.

(26) “Importer” means the person who imports a blendstock or a finished fuel from outside Oregon into Oregon:

(a) With respect to any imported liquid fuel, it means the person who owns the fuel in the stationary storage tank into which the fuel was first transferred after it was imported into Oregon; or

(b) With respect to any biogas, it means the person who owns the imported biogas upon receipt at a pipeline in Oregon through which the biogas is delivered in Oregon.

(27) “Light-duty motor vehicle” has the same meaning as defined under OAR 340-256-0010.

(28) “Lifecycle greenhouse gas emissions” means the:

(a) Aggregate quantity of greenhouse gas emissions including direct and significant indirect emissions, such as significant emissions from changes in land use associated with the fuels;

(b) Full fuel lifecycle including all stages of fuel production, from feedstock generation or extraction, production, distribution, and combustion of the finished fuel by the consumer; and

(c) Mass values for all greenhouse gases as adjusted to account for their relative global warming potential.

(29) “Liquefied natural gas” means biogas or fossil natural gas converted to liquid form.

(30) “Liquefied petroleum gas” or “propane” has the same meaning as defined under OAR 603-027-0395.

(31) “Motor vehicles” has the same meaning as defined under OAR 603-027-0410.

(32) “Natural gas” means a mixture of gaseous hydrocarbons and other compounds from either fossil or biogas sources, with at least 80 percent methane by volume, and typically sold or distributed by utilities such as any utility company regulated by the Oregon Public Utility Commission.

(33) “Opt-in party” means a person who is not a regulated party and who elects to register with DEQ under OAR 340-253-0100(4).

(34) “Oregon producer” means:

(a) With respect to any liquid fuel, the person who makes the liquid blendstock or finished fuel at the Oregon production facility; or

(b) With respect to any biogas produced in Oregon, the person who refines the biogas to pipeline quality.

(35) “Oregon production facility” means a facility located in Oregon that:

(a) Produces any liquid blendstock or finished fuel other than liquefied natural gas; or

(b) Converts, compresses, liquefies, refines, treats or otherwise processes natural gas into compressed natural gas or liquefied natural gas that is ready for use as a transportation fuel in a motor vehicle without further physical or chemical processing.

(36) “OR-GREET” means the Greenhouse gases, Regulated Emissions, and Energy in Transportation (GREET) Argonne National Laboratory model modified and maintained for Oregon. Copies of OR-GREET are available from DEQ upon request.

(37) “Physical pathway” means the way a fuel is transported from the fuel producer to Oregon, including any combination of truck routes, rail lines, pipelines, marine vessels and any other transportation method.

(37) “Private access fueling facility” means an Oregon fueling facility that restricts access by use of a card or key-activated fuel dispensing device to dispensing fuel to nonretail customers.

(38) “Product transfer document” means an invoice, bill of lading, purchase contract, or any other proof of fuel ownership transfer.

(39) “Public access fueling facility” means an Oregon fueling facility that is not a private access fueling facility.

(40) “Regulated party” means a person identified as a regulated party under OAR 340-253-0310 through 340-253-0340. Regulated parties must comply with the requirements under OAR 340-253-0100.

(41) “Shortfall(s)” means a state in which the carbon intensity of a fuel is higher than the baseline carbon intensity value for gasoline and gasoline substitutes or diesel fuel and diesel substitutes. Shortfalls are expressed in units of metric tons of carbon dioxide equivalent (CO2e) and are calculated under OAR 340-253-1020.

(42) “Small Oregon importer” means any person who imports 250,000 gallons or less of fuel in a given calendar year into Oregon.

(43) “Surplus(es)” means a state in which the carbon intensity of a fuel is lower than the baseline carbon intensity value for gasoline or diesel fuel and their substitutes. Surpluses are expressed in units of metric tons of carbon dioxide equivalent (CO2e) and are calculated under OAR 340-253-1020.

(44) “Transportation fuel” means any fuel used or intended for use in motor vehicles as defined under OAR 603-027-0410.

Stat. Auth.: ORS 468.020 Sec. 6, ch. 754, OL 2009, (2011 Edition)
Stats. Implemented: ORS 468.020 Sec. 6, ch. 754, OL 2009, (2011 Edition)
Hist.: DEQ 8-2012, f. & cert. ef. 12-11-12

340-253-0060

Acronyms

The following acronyms apply to this division:

(1) “ASTM” means ASTM International (formerly American Society for Testing and Materials).

(2) “BTU” means British thermal unit.

(3) “DEQ” means Oregon Department of Environmental Quality.

(4) “EQC” means Oregon Environmental Quality Commission.

(5) “FEIN” means federal employer identification number

(6) “gCO2e” means grams of carbon dioxide equivalent.

(7) “gge” means gasoline gallon equivalents.

(8) “MJ” means megajoule.

Stat. Auth.: ORS 468.020 Sec. 6, ch. 754, OL 2009, (2011 Edition)
Stats. Implemented: ORS 468.020 Sec. 6, ch. 754, OL 2009, (2011 Edition)
Hist.: DEQ 8-2012, f. & cert. ef. 12-11-12

340-253-0100

Oregon Clean Fuels Program

(1) Applicability.

(a) All regulated parties under section (3) that import or produce in Oregon any regulated fuel, as defined under OAR 340-253-0200, are subject to this rule.

(b) Any person may become an opt-in party by registering with DEQ under section (4) of this rule. All opt-in parties under section (3) that import or produce in Oregon any opt-in fuel, as defined under OAR 340-253-0200, are subject to this rule.

(2) Requirements. Beginning January 1, 2013:

(a) Regulated and opt-in parties, except for small Oregon importers of finished fuels, must register under section (4) of this rule, keep records under section (5) of this rule, and submit reports under sections (6) and (7) of this rule; and

(b) Small Oregon importers of finished fuels must register under section (4) of this rule and are exempt from keeping records under section (5) of this rule and submitting reports under sections (6) and (7) of this rule.

(3) Regulated party or opt-in party. The following rules designate regulated and opt-in parties, by type of fuel:

(a) OAR 340-253-0310 for gasoline, diesel fuel, biodiesel, biomass-based diesel, ethanol, and any other liquid fuel except liquefied natural gas and liquefied petroleum gas;

(b) OAR 340-253-0320 for natural gas including compressed natural gas, liquefied natural gas, biogas and liquefied petroleum gas;

(c) OAR 340-253-0330 for electricity; and

(d) OAR 340-253-0340 for hydrogen fuel or a hydrogen blend.

(4) Registration.

(a) After January 1, 2013, but no later than June 30, 2013, each regulated party must submit a complete application under OAR 340-253-0500 to register with DEQ for each fuel type the party imports or producesin Oregon on or before July 1, 2013, and that it plans to continue to import or produce in Oregon after July 1, 2013.

(b) Beginning on July 1, 2013, each regulated party must submit a complete application under OAR 340-253-0500 to register with DEQ for each fuel type, on or before the date upon which it begins to import or produce in Oregon such fuel.

(c) To become an opt-in party a person must submit a complete application under OAR 340-253-0500 to register with DEQ.

(5) Records.

(a) Beginning on July 1, 2013, each regulated party must develop and retain all records required under OAR 340-253-0600.

(b) Beginning on the latter of either July 1, 2013, or the date that an opt-in party submits a complete application, as determined by DEQ, under subsection (4)(c) of this rule, each opt-in party must develop and retain all records required under OAR 340-253-0600.

(6) Quarterly report. Beginning on January 1, 2014, each regulated and opt-in party must submit quarterly reports under OAR 340-253-0630. Reports must be submitted to DEQ for:

(a) January through March of each year, by May 31;

(b) April through June of each year, by August 31;

(c) July through September of each year, by November 30; and

(d) October through December of each year, by February 28 of the following year.

(7) Annual report. Each regulated party and opt-in party must submit an annual report each year under OAR 340-253-0650. The report must be submitted to DEQ by April 30 of each year to report for the prior calendar year; except for 2013, when the reporting period is from July 1 through December 31.

Stat. Auth.: ORS 468.020 Sec. 6, ch. 754, OL 2009, (2011 Edition)
Stats. Implemented: ORS 468.020 Sec. 6, ch. 754, OL 2009, (2011 Edition)
Hist.: DEQ 8-2012, f. & cert. ef. 12-11-12

340-253-0250

Exempt Fuels and Fuel Uses

(1) Exempt fuels. The following fuels are exempt from the definition of regulated fuels under OAR 340-253-0200(2)(h):

(a) A fuel supplied in Oregon if all providers supply an aggregate volume of less than 360,000 gge per year in Oregon. The party must:

(A) Demonstrate that the exemption applies; and

(B) Obtain exemption approval from DEQ in writing.

(b) A fuel produced from a research, development or demonstration facility as defined under OAR 330-090-0110 if the annual production volume is either 10,000 gallons or less, or no more than 50,000 gallons and the fuel producer uses the entire volume for its own motor vehicles. The party must:

(A) Demonstrate that the exemption applies; and

(B) Obtain exemption approval from DEQ in writing.

(2) Exempt fuels based on fuel uses. Fuels are exempt from the definition of regulated fuels under OAR 340-253-0200(2)(h) if:

(a) The fuel is supplied for use in the following motor vehicles:

(A) Aircraft;

(B) Racing activity vehicles under ORS 801.404;

(C) Military tactical vehicles and tactical support equipment;

(D) Railroad locomotives;

(E) Ocean-going vessels defined under OAR 856-010-0003, except for vessel under fishery or recreational endorsement under title 46 United States Code, chapter 121;

(F) Motor vehicles registered as farm vehicles under ORS 805.300;

(G) Farm tractors, as defined under ORS 801.265;

(H) Implements of husbandry, as defined under ORS 801.310; or

(I) Motor trucks, as defined under ORS 801.355, used primarily to transport logs; and

(b) The regulated or opt-in party documents that the fuel was supplied for use in a motor vehicle listed in subsection (a), as required under OAR 340-253-0600. Documentation that the fuel was transferred through a dedicated source to one of the motor vehicles identified in subsection (a) is sufficient. If not transferred through a dedicated source, all documentation must be on an individual fuel transaction basis.

(3) Fuel possession. Any fuel user or seller may possess any fuel regardless of its carbon intensity value, including but not limited to owners of the motor vehicles listed under subsection (2)(a).

Stat. Auth.: ORS 468.020 Sec. 6, ch. 754, OL 2009, (2011 Edition)
Stats. Implemented: ORS 468.020 Sec. 6, ch. 754, OL 2009, (2011 Edition)
Hist.: DEQ 8-2012, f. & cert. ef. 12-11-12

Designation of Regulated and Opt-in Parties

340-253-0310

Regulated Parties for Gasoline, Diesel Fuel, Biodiesel, Biomass-based Diesel and Ethanol and Other Regulated Fuels Except for Liquefied Natural Gas

(1) Applicability. This rule applies to all liquid blendstocks and liquid finished fuels listed under OAR 340-253-0200(2) except liquefied natural gas.

(2) Regulated party. The regulated party is the Oregon producer or importer of the fuel.

Stat. Auth.: ORS 468.020 Sec. 6, ch. 754, OL 2009, (2011 Edition)
Stats. Implemented: ORS 468.020 Sec. 6, ch. 754, OL 2009, (2011 Edition)
Hist.: DEQ 8-2012, f. & cert. ef. 12-11-12

340-253-0320

Regulated Parties and Opt-in Parties for Compressed Natural Gas, Biogas, Liquefied Natural Gas and Liquefied Petroleum Gas

(1) Fossil compressed natural gas. For fossil compressed natural gas, the opt-in party is the owner of the fueling equipment at the facility where the fossil compressed natural gas is dispensed for use in motor vehicles.

(2) Biogas compressed natural gas. For biogas compressed natural gas that is dispensed directly into motor vehicles in Oregon without first being blended with fossil compressed natural gas, the opt-in party is the Oregon producer or importer of the biogas.

(3) Fossil liquefied natural gas. For fossil liquefied natural gas:

(a) For fuel that is a regulated fuel under OAR 340-253-0200(2)(c), the regulated party is the owner of the liquefied natural gas when it is transferred to the facility where the liquefied natural gas is dispensed for use into motor vehicles; or

(b) For fuel that is an opt-in fuel under OAR 340-253-0200(3)(e), the opt-in party is the owner of the liquefied natural gas when it is transferred to the facility where the liquefied natural gas is dispensed for use into motor vehicles.

(4) Biogas liquefied natural gas. For biogas liquefied natural gas that is dispensed directly into motor vehicles in Oregon without first being blended with fossil liquefied natural gas, the opt-in party is the Oregon producer or importer of the biogas liquefied natural gas.

(5) Biogas compressed natural gas added to fossil compressed natural gas. For blends of these fuels, the opt-in parties for each of the component fuel types of the blended fuel remains the same as provide in sections (1) through (4).

(6) Biogas liquefied natural gas added to fossil liquefied natural gas. For blends of these fuels, the regulated and opt-in parties for each of the component fuel types of the blended fuel remains the same as provide in sections (1) through (4).

(7) Liquefied petroleum gas. For liquefied petroleum gas, the opt-in party is the owner of the fueling equipment at the facility where the liquefied petroleum gas is dispensed for use into motor vehicles.

Stat. Auth.: ORS 468.020 Sec. 6, ch. 754, OL 2009, (2011 Edition)
Stats. Implemented: ORS 468.020 Sec. 6, ch. 754, OL 2009, (2011 Edition)
Hist.: DEQ 8-2012, f. & cert. ef. 12-11-12

340-253-0340

Opt-in Parties for Hydrogen Fuel or Hydrogen Blends

(1) Opt-in party. The opt-in party for a volume of finished hydrogen fuel is the Oregon producer or importer of the finished hydrogen fuel.

Stat. Auth.: ORS 468.020 Sec. 6, ch. 754, OL 2009, (2011 Edition)
Stats. Implemented: ORS 468.020 Sec. 6, ch. 754, OL 2009, (2011 Edition)
Hist.: DEQ 8-2012, f. & cert. ef. 12-11-12

340-253-0400

Fuel Carbon Intensity Values

(1) Statewide carbon intensity values.

(a) A regulated or opt-in party must use the statewide average carbon intensity value in Table 1 or 2 under OAR 340-253-3010 or -3020, as applicable, for the following fuels:

(A) Clear gasoline;

(B) Gasoline blended with 10% ethanol;

(C) Clear diesel fuel;

(D) Diesel fuel blended with 5% biodiesel or biomass-based diesel;

(E) Compressed fossil natural gas derived from natural gas not imported to North America in liquefied form;

(F) Liquefied petroleum gas; and

(G) Electricity, unless an electricity provider meets the conditions under subsection (1)(b) and proposes a different carbon intensity value.

(b) The opt-in party for electricity may propose a carbon intensity value different from the statewide average carbon intensity value if the electricity provider:

(A) Only provides electricity for transportation; and

(B) Is exempt from the definition of public utility under ORS 757.005 (1)(b)(G), and is not regulated by the Oregon Public Utility Commission.

(c) Every three years, DEQ must review the statewide average carbon intensity values in Table 1 or 2 under OAR 340-253-3010 or -3020 and must:

(A) Consider the crude oil and other energy sources, production processes and flaring rates and other considerations that might affect the lifecycle carbon intensity of fuel used in Oregon; and

(B) Propose the EQC revise and update statewide average carbon intensity values in Table 1 or 2 under OAR 340-253-3010 or -3020 if DEQ determines that values should be changed by more than 5.0 gCO2e per MJ or 10 percent.

(2) Carbon intensity values for established pathways. Except as provided in section (3), regulated and opt-in parties must use the carbon intensity values for ethanol, biodiesel, biomass-based diesel, liquefied natural gas, biogas compressed natural gas, biogas liquefied natural gas, hydrogen, liquefied petroleum gas and any fossil compressed natural gas produced from natural gas that arrives in North America in liquefied form that best matches each fuel’s carbon intensity, as listed in Table 1 or 2 under OAR 340-253-3010 or -3020, as applicable.

(3) Individual carbon intensity values.

(a) Directed by DEQ. A regulated or opt-in party must obtain an individual carbon intensity value for a fuel, if DEQ:

(A) Determines the fuel’s carbon intensity is not adequately represented by any of the carbon intensity values for established pathways in Table 1 or 2 under OAR 340-253-3010 or -3020; and

(B) Directs the regulated or opt-in party to obtain an individual carbon intensity value under OAR 340-253-0450.

(b) Election of the party. A regulated or opt-in party may propose an individual carbon intensity value for a fuel if:

(A) The fuel’s carbon intensity, when compared to the carbon intensity value for the most similar fuel type in Table 1 or 2 under OAR 340-253-3010 or -3020, as applicable, changes by at least 5.0 gCO2e per MJ or 10 percent;

(B) The party has the capacity and intent to provide more than one million gge per year of the fuel in Oregon unless all providers of that fuel type supply less than one million gge per year in total; and

(C) The party applies for and obtains DEQ approval under OAR 340-253-0450.

(c) New fuel or feedstock. A regulated or opt-in party must obtain approval for an individual carbon intensity value under OAR 340-253-0450 for any fuel not included in Table 1 or 2 under OAR 340-253-3010 or -3020 and for any fuel made from a feedstock not represented in a carbon intensity value in Table 1 or 2 under OAR 340-253-3010 or -3020. The party must submit a modification to the original registration under OAR 340-253-0500(5) within 30 days,

(d) Process change notification. The regulated or opt-in party must notify DEQ and obtain approval for an individual carbon intensity value under OAR 340-253-0450 for any changes to the fuel production process, if the fuel’s carbon intensity value changes by more than 5.0 gCO2e per MJ or 10 percent. The party must submit a modification to the original registration under OAR 340-253-0500(5) within 30 days.

(4) OR-GREET. The regulated or opt-in party must calculate all carbon intensity values using the approved version of OR-GREET, or a DEQ-approved comparable model for any fuel that cannot be modeled with OR-GREET. Any variations from the approved version of OR-GREET must be documented as described under OAR 340-253-0450(1) and submitted to DEQ for approval.

(5) Calculation requirements. When a regulated or opt-in party calculates a carbon intensity value of:

(a) Fuels made from biomass feedstock, the party may assume that the combustion and growing components of the fuel’s lifecycle greenhouse gas emissions have net zero lifecycle carbon dioxide emissions.

(b) Fuels made from petroleum feedstock, including waste petroleum feedstock, the party may not assume that the combustion of the fuel has net zero carbon dioxide emissions.

(c) Fuels made from waste feedstock, the party may assume that the lifecycle greenhouse gas emissions analysis of the carbon intensity value begins when the original product becomes waste.

Stat. Auth.: ORS 468.020 Sec. 6, ch. 754, OL 2009, (2011 Edition)
Stats. Implemented: ORS 468.020 Sec. 6, ch. 754, OL 2009, (2011 Edition)
Hist.: DEQ 8-2012, f. & cert. ef. 12-11-12

340-253-0500

Registration

(1) Registration information. To register, a regulated or opt-in party must submit the following to DEQ:

(a) Company information including physical and mailing addresses, phone and fax numbers, e-mail addresses, primary and legal contact names and any applicable DEQ or EPA ID numbers.

(b) The fuel type(s) that will be imported or produced in Oregon.

(c) The producer of the biofuel, including each producer’s physical address and the EPA company and facility ID numbers, for each fuel type.

(d) The proposed carbon intensity value, for each fuel type. The proposed carbon intensity value must be:

(A) A statewide carbon intensity value for any fuel listed under OAR 340-253-0400(1);

(B) An individual carbon intensity value listed in Table 1 or 2 under OAR 340-253-3010 or -3020; or

(C) An individual carbon intensity value under OAR 340-253-0450.

(e) The volume estimated to be imported or produced in Oregon in a calendar year, for each fuel type.

(f) Other information requested by DEQ related to registration.

(2) Completeness of submittal. DEQ must review the information submitted under section (1) to determine if the submission is complete.

(a) If DEQ determines the submission is incomplete, DEQ must notify the party of the information needed to complete the submission. The party must provide the requested information within 30 calendar days from the date on the request.

(b) If DEQ determines the submission is complete, DEQ must notify the party in writing of the completeness determination.

(c) If DEQ does not notify the party in writing of the completeness determination within 30 calendar days of receipt of the registration application, the application is automatically deemed complete.

(3) Determination of carbon intensity values. DEQ must review the proposed carbon intensity values to determine if they are accurate. DEQ must review proposed carbon intensity values as follows:

(a) For a proposed carbon intensity value listed in Table 1 or 2 under OAR 340-253-3010 or -3020, DEQ must review whether the fuel type accurately matches the fuel and fuel production process of the proposed carbon intensity value listed.

(b) For a proposed individual carbon intensity value, DEQ must approve the carbon intensity value or notify the party which carbon intensity value to use under OAR 340-253-0450.

(4) Registration approval. DEQ must notify the party in writing of its registration approval. The notification must include confirmation of the carbon intensity value for each fuel type to be used in calculating surpluses and shortfalls under OAR 340-253-1020.

(5) Modifications to registration.

(a) The party must submit an amended registration to DEQ within 30 days of any change occurring to information described in section (1), including any change that would result in a different carbon intensity value.

(b) DEQ may require a party to submit an amended registration based on new information that DEQ obtains from any source.

(6) Opting out. To opt-out, an opt-in party must notify DEQ in writing. Regulated parties may not opt-out.

Stat. Auth.: ORS 468.020 Sec. 6, ch. 754, OL 2009, (2011 Edition)
Stats. Implemented: ORS 468.020 Sec. 6, ch. 754, OL 2009, (2011 Edition)
Hist.: DEQ 8-2012, f. & cert. ef. 12-11-12

340-253-0600

Records

(1) All regulated and opt-in parties, except for small Oregon importers of finished fuels. Each regulated and opt-in party, except for small Oregon importers of finished fuels, must retain the following records for at least five years:

(a) Copies of all data and reports submitted to DEQ;

(b) Records of each fuel transaction made including:

(A) Fuel name, choosing the most applicable name from a list developed and provided by DEQ,

(B) Fuel application, choosing the most applicable choice from a list developed and provided by DEQ;

(C) Fuel pathway code, choosing the most applicable code from a list developed and provided by DEQ;

(D) Transaction date;

(E) Transaction type, choosing the most applicable type from a list developed and provided by DEQ;

(F) Transaction quantity;

(i) In gallons for liquid fuels including gasoline, diesel fuel, ethanol, biomass-based diesel, liquefied natural gas and liquefied petroleum gas;

(ii) In standard cubic feet for compressed natural gas;

(iii) In kilowatt-hours for electricity; and

(iv) In kilograms for hydrogen fuel.

(G) Transaction identification number;

(H) Business partner, choosing the most applicable name from a list developed and provided by DEQ;

(I) Physical pathway code, choosing the most applicable code from a list developed and provided by DEQ;

(J) Product transfer documents;

(K) Exempt status documentation under OAR 340-253-0250, if fuel is excluded from surplus and shortfall calculations under OAR 340-253-1010; and

(L) For fuel that is exported outside Oregon, where the party is the exporter of record.

(c) Records used to calculate surpluses and shortfalls;

(d) Other records used to determine compliance with the Oregon Clean Fuels Program; and

(e) Any other records identified by DEQ and related to the volume, distribution or carbon content of fuel produced or imported by a party.

(2) Oregon producers and importers of one or more non-petroleum blendstocks. In addition to section (1), each Oregon producer and importer of one or more non-petroleum blendstocks must retain the following records for at least five years:

(a) DEQ-approved carbon intensity, for each fuel type, choosing the most appropriate choice from a list developed and provided by DEQ;

(b) Name of the biofuel producer, including each producer’s physical address, EPA company ID and facility ID number, for each fuel type, choosing the most appropriate choice from a list developed and provided by DEQ; and

(3) Review. All data, records and calculations used by a regulated or opt-in party to comply with the Oregon Clean Fuels Program are subject to verification by DEQ. The party must provide records retained under section (1) within 60 calendar days after the date DEQ requests a review of the records, unless otherwise specified.

Stat. Auth.: ORS 468.020 Sec. 6, ch. 754, OL 2009, (2011 Edition)
Stats. Implemented: ORS 468.020 Sec. 6, ch. 754, OL 2009, (2011 Edition)
Hist.: DEQ 8-2012, f. & cert. ef. 12-11-12

340-253-0630

Quarterly Reports

Quarterly reports must include the following information, in a format provided or approved by DEQ:

(1) For each fuel type imported or produced in Oregon:

(a) Total volume; and

(b) DEQ-approved carbon intensity.

(2) Surpluses and shortfalls as calculated under OAR 340-253-1020, including the;

(a) Amount of surpluses and shortfalls generated during the quarter; and

(b) Quarterly and year-to-date net balance calculations under OAR 340-253-1030 for gasoline and gasoline substitutes and diesel and diesel substitutes.

(3) The volumes of any exempt fuels or fuels transferred to exempt users under OAR 340-253-0250; and

(4) Volumes exported outside Oregon.

Stat. Auth.: ORS 468.020 Sec. 6, ch. 754, OL 2009, (2011 Edition)
Stats. Implemented: ORS 468.020 Sec. 6, ch. 754, OL 2009, (2011 Edition)
Hist.: DEQ 8-2012, f. & cert. ef. 12-11-12

340-253-0650

Annual Reports

Annual reports must include the following information, in a format provided or approved by DEQ:

(1) Company name of the regulated or opt-in party;

(3) For each fuel type imported or produced in Oregon during the calendar year:

(a) Total volume; and

(b) DEQ-approved carbon intensity.

(4) Surpluses or shortfalls as calculated under OAR 340-253-1020, including the;

(a) Amount of surpluses and shortfalls carried over from the previous year; and

(b) Amount of surpluses and shortfalls generated during the year.

(5) Net balance calculations under OAR 340-253-1030 for gasoline and gasoline substitutes and diesel and diesel substitutes;

(6) The volumes of any exempt fuels or fuels transferred to exempt users under OAR 340-253-0250; and

(7) Volumes exported outside Oregon.

Stat. Auth.: ORS 468.020 Sec. 6, ch. 754, OL 2009, (2011 Edition)
Stats. Implemented: ORS 468.020 Sec. 6, ch. 754, OL 2009, (2011 Edition)
Hist.: DEQ 8-2012, f. & cert. ef. 12-11-12

340-253-3000

Tables used for the Oregon Clean Fuels Program

[Table not included. See ED. NOTE.]

[ED. NOTE: Tables referenced are not included in rule text. Click here for PDF copy of table(s).]

Stat. Auth.: ORS 468.020 Sec. 6, ch. 754, OL 2009, (2011 Edition)
Stats. Implemented: ORS 468.020 Sec. 6, ch. 754, OL 2009, (2011 Edition)
Hist.: DEQ 8-2012, f. & cert. ef. 12-11-12

340-253-3010

Table 1 — Oregon Carbon Intensity Lookup Table for Gasoline and Gasoline Substitutes

[Table not included. See ED. NOTE.]

[ED. NOTE: Tables referenced are not included in rule text. Click here for PDF copy of table(s).]

Stat. Auth.: ORS 468.020 Sec. 6, ch. 754, OL 2009, (2011 Edition)
Stats. Implemented: ORS 468.020 Sec. 6, ch. 754, OL 2009, (2011 Edition)
Hist.: DEQ 8-2012, f. & cert. ef. 12-11-12

340-253-3020

Table 2 — Oregon Carbon Intensity Lookup Table for Diesel Fuel and Diesel Substitutes

[Table not included. See ED. NOTE.]

[ED. NOTE: Tables referenced are not included in rule text. Click here for PDF copy of table(s).]

Stat. Auth.: ORS 468.020 Sec. 6, ch. 754, OL 2009, (2011 Edition)
Stats. Implemented: ORS 468.020 Sec. 6, ch. 754, OL 2009, (2011 Edition)
Hist.: DEQ 8-2012, f. & cert. ef. 12-11-12