Or. Admin. Code § 340-215-0040
Current through Register Vol. 63, No. 10, October 1, 2024
Section 340-215-0040 - Greenhouse Gas Registration and Reporting Requirements(1) Each registration or emissions data report submitted by a regulated entity according to this division must contain certification by a designated representative of the truth, accuracy, and completeness of the submission. This certification and any other certification required under this division must state that, based on information and belief formed after reasonable inquiry, the statements and information in the document are true, accurate, and complete. The certification must contain the following statement: "Based on information and belief formed after reasonable inquiry, I certify under penalty of perjury that the statements and information submitted are true, accurate and complete."(2) DEQ may require a regulated entity to submit or make available additional information if the materials submitted with the emissions data report are not sufficient to determine or verify greenhouse gas emissions and related information. Regulated entities must provide within 14 calendar days of notification, unless a different schedule is approved by DEQ, any and all information that DEQ requires for the purposes of assessing applicability, verifying or investigating either or both actual and suspected sources of greenhouse gas emissions, and to ascertain compliance and noncompliance with rules in this division.(3) Calculating total greenhouse gas emissions. Total carbon dioxide equivalent emissions (CO2e) must be calculated as the sum of the CO2, CO2 from biomass-derived fuels, CH4, N2O, and each fluorinated GHG required to be reported in an emissions data report in compliance with this division using equation A-1 in 40 C.F.R. 98.2.(4) Alternative calculation methods. Regulated entities may petition DEQ to use calculation methods other than those specified in this division. Regulated entities must receive written DEQ approval to use alternative calculation methods prior to reporting.(5) Third-party verification of emissions data reports. Regulated entities must comply with the requirements of OAR chapter 340, division 272 for third-party verification of emissions data reports, as applicable.(6) Fuel suppliers and in-state producers must report legal names and addresses of all related entities subject to this division annually by the reporting deadline specified in OAR 340-215-0046(1)(c).(7) A regulated entity may only use book and claim accounting to report contractual deliveries of biomethane or hydrogen injected into a pipeline when:(a) The pipeline is part of the natural gas transmission and distribution network connected to Oregon that allows for the transport of biomethane or hydrogen, as applicable; and(b) No person has used or claimed the environmental attributes of such biomethane or hydrogen in any other program or jurisdiction with the exception of: (A) The federal Renewable Fuel Standard Program, any reporting required under OAR chapter 340, division 253, or the program under OAR chapter 340, division 271; or(B) With DEQ written approval, any other program or jurisdiction where DEQ has confirmed that the claim on the environmental attributes can be made for the same use and volume of biomethane or its derivatives as is being claimed under this division.Or. Admin. Code § 340-215-0040
DEQ 13-2008, f. & cert. ef. 10-31-08; DEQ 12-2010, f. & cert. ef. 10-27-10; DEQ 11-2011, f. & cert. ef. 7-21-11; DEQ 12-2015, f. & cert. ef. 12/10/2015; DEQ 125-2018, minor correction filed 04/11/2018, effective 04/11/2018; DEQ 5-2019, amend filed 01/24/2019, effective 1/24/2019; DEQ 14-2020, amend filed 05/07/2020, effective 5/7/2020; DEQ 17-2023, amend filed 11/16/2023, effective 11/16/2023Statutory/Other Authority: ORS 468A.050
Statutes/Other Implemented: ORS 468 & 468A