Or. Admin. Code § 340-215-0042

Current through Register Vol. 63, No. 10, October 1, 2024

Section 340-215-0042 - Recordkeeping Requirements

(1) Each regulated entity subject to the requirements under OAR chapter 340, division 272 must retain all records as required by this rule, and any records or other materials maintained under any applicable requirements of 40 C.F.R. part 98, in paper or electronic format, or both, for a period of at least seven years.

(2) Each regulated entity not subject to the requirements under OAR chapter 340, division 272 must retain all records as required by this rule, and any records or other materials maintained under any applicable requirements of 40 C.F.R. part 98, in paper or electronic format, or both, for a period of at least five years.

(3) Each regulated entity must retain records sufficient to document and allow for verification of each emissions data report submitted to DEQ and make such information available for verification upon request. This includes, but is not limited to the following:

(a) A list of all units, operations, processes, and activities for which GHG emission were calculated, as applicable;

(b) The data and information used to calculate emissions for each unit, operation, process, and activity, categorized by fuel or material type. These data include, but are not limited to the following:

(A) The GHG emissions calculations and methods used;

(B) Analytical results for the development of site-specific emissions factors;

(C) The results of any analyses for high heat value, carbon content, and other fuel or feedstock parameters conducted or as required under 40 C.F.R. part 98, if applicable; and

(D) Any facility operating data or process information used for the GHG emission calculations;

(c) Records of supporting documentation required by or used to prepare the emissions data report, including but not limited to underlying monitoring and metering data, invoices of receipts or deliveries, fuel use records, production information, sales transaction data, electricity or fuel transaction data, calibration records, and any other relevant information;

(d) Any annual emissions data report(s) submitted to DEQ, including any revised emissions data report(s);

(e) Documentation to support any revision(s) made to any emissions data report(s);

(f) Records of supporting documentation and calculations for any missing data computations according to 40 C.F.R. part 98, or otherwise. Retain a record of the cause of the event and the corrective actions taken to restore malfunctioning monitoring equipment;

(g) The results of all required certification and quality assurance tests of continuous monitoring systems, fuel flow meters, and other instrumentation used to provide data to calculate emissions reported under this division;

(h) Maintenance records for all continuous monitoring systems, flow meters, and other instrumentation used to provide data to calculate emissions reported under this division; and

(i) The GHG data monitoring plan required under OAR 340-215-0042(11).

(4) Regulated entities reporting biomass-derived fuels or hydrogen, as required under OAR 340-215-0044(5), must retain supporting documentation that authenticates the purchase quantity and quality of the hydrogen or gaseous or liquid biomass-derived fuel between parties. This supporting documentation:

(a) May include, but is not limited to, documentation from each upstream party, invoices, bills of lading, shipping reports, balancing reports, storage reports, in-kind nomination reports, allocation, contracts confirming the source of fuel supplied in the state, attestations, information on the environmental attributes associated with the sale or use of the fuel, renewable thermal credit or certificate records, or any combination therein; and

(b) When reporting biogas, biomethane, or hydrogen, must include attestations from each upstream party collectively demonstrating that no other upstream party can make a claim on environmental attributes that are being reported under this division. The quantity of energy covered by the environmental attributes must match or exceed the energy of fuel reported under this division.

(5) When reporting direct delivery of biogas, biomethane, or hydrogen in Oregon regulated entities must retain documentation that shows the fuel type and quantity directly delivered from the point of origin to the point of use in Oregon.

(6) When reporting contractual deliveries of biomethane or hydrogen using book and claim accounting the regulated entity must retain and make available:

(a) Records demonstrating the specific quantity of gas claimed was injected into a pipeline that is part of the natural gas transmission and distribution network connected to Oregon in the current data year and link those environmental attributes to a corresponding quantity of gas withdrawn for use in Oregon;

(b) Records demonstrating the quality of the fuel reported;

(c) Records documenting the fuel production facility, the facility's production and purification process, facility location and feedstock(s). This may include, but is not limited to, documentation of feedstock production and schemata of the production method;

(d) Records demonstrating the full lifecycle carbon intensity of the reported fuel including all records supporting the estimation of the reported carbon intensity value required under OAR 340-215-0044(5)(b)(I);

(e) If using an electronic tracking system approved by DEQ for book and claim accounting, records demonstrating the retirement of all environmental attributes of that fuel that are being reported under this division. The quantity of energy covered by the environmental attributes must match or exceed the energy of fuel reported under this division;

(f) Records demonstrating that the retired or claimed environmental attribute was generated from gas injected into the pipeline within the same reporting data year; and

(g) Any records used in the reporting of information required under OAR 340-215-0044(5)

(7) Each regulated entity that is an in-state producer or fuel supplier, including a natural gas supplier, must retain records for exported products. Records must demonstrate delivery to a final destination outside Oregon, indicate the amount delivered, type of fuel delivered, delivery date and identify the state the fuel was delivered to. This may include, but is not limited to, product transfer documents, bills of lading, invoices, contracts, meter tickets, and rail inventory sheets.

(8) Each regulated entity that is an electricity supplier must retain documentation supporting claims of specified sources of electricity.

(9) Electricity suppliers that sell wholesale electricity must maintain records for each sale of specified or unspecified source sales.

(10) Each person designated by DEQ as an asset-controlling supplier must retain documentation to confirm that the power sold by the supplier originated from the supplier's fleet of facilities and either that the fleet is under the supplier's operational control or that the supplier has exclusive rights to market electricity for the fleet or facility.

(11) Regulated entities subject to 40 C.F.R. part 98 federal requirements and any entity subject to the requirements under OAR chapter 340, division 272, except electricity suppliers, must complete and retain a written GHG data monitoring plan that meets the requirements of 40 C.F.R. part 98.3(g)(5) . The GHG data monitoring plan must be made available for verification upon request. Electricity suppliers subject to OAR chapter 340, division 272 must complete and retain a written GHG data monitoring plan with the following information:

(a) Information to allow the verification team to develop a general understanding of entity boundaries, operations, and electricity transactions;

(b) Reference to management policies or practices applicable to reporting under this division;

(c) List of key personnel involved in compiling data and preparing the emissions data report;

(d) Documentation of training practices and policies applicable to reporting under this division for electricity suppliers;

(e) Query data to determine the quantity of electricity (MWh) reported and query description;

(f) Reference to other independent or internal data management systems and records, including written power contracts and associated verbal or electronic records, full or partial ownership, invoices, and settlements data used to document whether reported transactions are specified or unspecified;

(g) Description of steps taken and calculations made to aggregate data into reporting categories;

(h) Records of preventive and corrective actions taken to address verifier and DEQ findings of past nonconformances and material misstatements;

(i) Log of emissions data report modifications; and

(j) A written description of an internal audit program that includes emissions data report review and documents ongoing efforts to improve the GHG data management.

(12) Regulated entities must make all records required to be created and retained under this division, including all required documentation described in this division, available for review and verification upon written request by DEQ within 14 calendar days of notification, unless a different schedule is approved by DEQ.

Or. Admin. Code § 340-215-0042

DEQ 14-2020, adopt filed 05/07/2020, effective 5/7/2020; DEQ 17-2023, amend filed 11/16/2023, effective 11/16/2023

Statutory/Other Authority: ORS 468A.050 & 468A.280

Statutes/Other Implemented: ORS 468 & 468A