Or. Admin. Code § 340-271-0020

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

Section 340-271-0020 - Definitions

The definitions in OAR 340-200-0020, OAR 340-215-0020, and this rule apply to this division. If the same term is defined in this rule and either or both OAR 340-200-0020 and OAR 340-215-0020, the definition in this rule applies to this division. If the same term is defined in OAR 340-200-0020 and OAR 340-215-0020, but not in this rule, then the definition in OAR 340-215-0020 applies to this division.

(1) "Air contamination source" has the meaning given the term in ORS 468A.005. Air contamination sources include, without limitation, stationary sources, fuel suppliers, in-state producers, and local distribution companies.

(2) "Best available emissions reduction order" or "BAER order" means a DEQ order establishing required actions the owner or operator of a covered stationary source must take to limit covered emissions from the covered stationary source.

(3) "Biomass-derived fuels" has the meaning given the term in OAR 340-215-0020. Biomass-derived fuels include, without limitation, biomethane, biodiesel, renewable diesel, renewable propane, woody biomass, and ethanol.

(4) "Cap" means the total number of compliance instruments generated by DEQ for each calendar year.

(5) "Climate Protection Program permit addendum" or "CPP permit addendum" means written authorization that incorporates the requirements of this division into a permit by amending an Air Contaminant Discharge Permit or a Title V Operating Permit.

(6) "Climate Protection Program permit" or "CPP permit" means a permit issued to a covered fuel supplier according to this division.

(7) "Community climate investment credit" or "CCI credit" or "credit" means an instrument issued by DEQ to track a covered fuel supplier's payment of community climate investment funds, and which may be used in lieu of a compliance instrument, as further provided and limited in this division.

(8) "Community climate investments," "community climate investment funds" or "CCI funds" means money paid by a covered fuel supplier to a community climate investment entity to support implementation of community climate investment projects and any interest that accrues on the money while it is held by a CCI entity or subcontractor.

(9) "Community climate investment entity" or "CCI entity" means a nonprofit organization that has been approved by DEQ as a CCI entity and that has entered into a written agreement with DEQ consistent with OAR 340-271-0920 to implement projects supported by community climate investment funds.

(10) "Compliance instrument" means an instrument issued by DEQ that authorizes the emission of one MT CO2e of greenhouse gases. Compliance instruments may not be divided into fractions.

(11) "Compliance obligation" means the total quantity of covered emissions from a covered fuel supplier rounded to the nearest metric ton of CO2e.

(12) "Compliance period" means a period of multiple consecutive calendar years, as described in OAR 340-271-0440.

(13) "Covered emissions" means the greenhouse gas emissions described in any of subsections OAR 340-271-0110(3)(b), (4)(b) and (5)(b), for which covered entities may be subject to the requirements of this division.

(14) "Covered entity" means an air contamination source subject to the requirements of this division. A covered entity may be either a covered fuel supplier, a covered stationary source, or both.

(15) "Covered fuel supplier" means an air contamination source that is either:

(a) A fuel supplier or in-state producer as described in OAR 340-271-0110(3); or

(b) A local distribution company as described in OAR 340-271-0110(4).

(16) "Covered stationary source" means an air contamination source described in OAR 340-271-0110(5).

(17) "Designated representative" means the person responsible for certifying, signing, and submitting any registration, report, or form required to be submitted according to this division, on behalf of a covered entity. For the owner or operator of a covered stationary source with an Oregon Title V Operating Permit, the designated representative is the responsible official and certification must be consistent with OAR 340-218-0040(5).

(18) "Environmental justice communities" means communities of color, communities experiencing lower incomes, tribal communities, rural communities, coastal communities, communities with limited infrastructure and other communities traditionally underrepresented in public processes and adversely harmed by environmental and health hazards, including seniors, youth and persons with disabilities.

(19) "Existing source" means a source that is operating under the authority of either a current Air Contaminant Discharge Permit or Title V Operating Permit or, when the term of an issued permit has expired, under the authority of OAR 340-216-0082(1) or OAR 340-218-0120(2) and 340-218-0130(2).

(20) "New source" means a source that is not operating under the authority of either a current Air Contaminant Discharge Permit or Title V Operating Permit or, when the term of an issued permit has expired, under the authority of OAR 340-216-0082(1) or OAR 340-218-0120(2) and 340-218-0130(2).

(21) "Nominal electric generating capacity" has the meaning given in ORS 469.300.

(22) "Shut down" means that all operations of a covered entity are permanently shut down, including but not limited to decommissioning and cancelling air permits. Permanent shutdown may include continued operations of space heaters and water heaters as necessary to support decommissioning activities.

Or. Admin. Code § 340-271-0020

DEQ 27-2021, adopt filed 12/16/2021, effective 12/16/2021; DEQ 17-2023, amend filed 11/16/2023, effective 11/16/2023

Statutory/Other Authority: ORS 468.020, 468A.025, 468A.040 & 468A.050

Statutes/Other Implemented: ORS 468.020, 468A.025, 468A.040, 468A.050, 468.035, 468A.010, 468A.015 & 468A.045