Or. Admin. Code § 340-272-0020

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

Section 340-272-0020 - Definitions

The definitions in this rule and in OAR 340-200-0020, OAR 340-215-0020, and OAR 340-253-0040, and the acronyms in OAR 340-253-0060 apply to this division. If the same term is defined in this rule and another division, the definition in this rule applies to this division.

(1) "Adverse verification statement" means a verification statement from a verification body that (either or both):

(a) It cannot say with reasonable assurance the submitted report or fuel pathway application is free of a material misstatement; or

(b) The submitted report or fuel pathway application contains correctable errors and thus is not in conformance with the requirements to fix such errors according to OAR 340-272-0435.

(2) "California ARB" means California Air Resources Board.

(3) "CFP" means the Oregon Clean Fuels Program established under OAR chapter 340, division 253.

(4) "Conflict of interest" means a situation in which, because of financial or other activities or relationships with other persons or organizations, a verification body is unable or potentially unable to provide an impartial verification statement of a potential client's report or fuel pathway application, or the verification body's objectivity in providing verification services is or might be otherwise compromised.

(5) "Correctable errors" means errors identified by the verification team that affect data in the submitted report or fuel pathway application, which result from a nonconformance with OAR chapter 340, division 215 or OAR chapter 340, division 253, as applicable. Differences that, in the professional judgment of the verification team, are the result of differing but reasonable methods of truncation or rounding or averaging, where a specific procedure is not prescribed by this division, OAR chapter 340, division 215, or OAR chapter 340, division 253, are not considered errors and therefore do not require correction.

(6) "DEQ" means Oregon Department of Environmental Quality.

(7) "Difference in CI" means the absolute value result of the reported operational CI minus the verifier's calculation of CI for material misstatement of carbon intensity assessments for a CFP fuel pathway application or annual report. The verifier's calculation of CI is based on site-specific data inputs modified to include discrepancies, omissions, and misreporting found during the course of verification services.

(8) "Full verification" means all verification services as required under OAR 340-272-0300(1).

(9) "GHG Reporting Program" means the Oregon Greenhouse Gas Reporting Program established under OAR chapter 340, division 215.

(10) "Independent reviewer" means a lead verifier within a verification body that has not participated in providing verification services for a responsible entity for the current reporting year and provides an independent review of verification services provided to the responsible entity.

(11) "Lead verifier" means a person that has met the requirements to perform such role under OAR 340-272-0210 and has been approved by DEQ under OAR 340-272-0220 to act as the lead of a verification team providing verification services as described by this division.

(12) "Less intensive verification" means all verification services required for full verification, except for site visit(s) as described under OAR 340-272-0420, and only requiring data checks and document reviews based on the analysis and risk assessment in the most recent sampling plan developed as part of the most current full verification.

(13) "Material misstatement" means any discrepancy, omission, misreporting, or aggregation of the three, identified in the course of verification services that leads a verification team to believe that reported data or a submitted report or fuel pathway application contains one or more errors, as described in OAR 240-272-0450, OAR 240-272-0455, and OAR 240-272-0460, as applicable.

(14) "Member" means any employee or subcontractor of the verification body or related entities of the verification body and includes any individual with majority equity share in the verification body or its related entities.

(15) "Nonconformance" means the failure to meet the applicable requirements of this division or the failure to meet requirements of OAR chapter 340, division 215 or OAR chapter 340, division 253, as applicable, to calculate or report data or submit a fuel pathway application.

(16) "Positive verification statement" means a verification statement from a verification body attesting that it can say with reasonable assurance that the submitted report or fuel pathway application is free of material misstatement and that it conforms to the requirements of this division, OAR chapter 340, division 215, or OAR chapter 340, division 253, as applicable.

(17) "Professional judgment" means decisions based on professional qualifications and relevant greenhouse gas accounting and auditing experience.

(18) "Qualified positive verification statement" means a statement from a verification body attesting that it can say with reasonable assurance that the submitted report or fuel pathway application is free of material misstatement and has been corrected or modified in conformance with OAR 340-272-0435, but may include one or more other nonconformance(s) with the requirements of this division, OAR chapter 340, division 215, or OAR chapter 340, division 253, as applicable, which do not result in a material misstatement.

(19) "Quarterly review" means a review process conducted by the verification team after quarterly data is submitted and before annual data is submitted and verified.

(20) "Reasonable assurance" means high degree of confidence in the accuracy and truth of a conclusion.

(21) "Reported emissions reductions" means the total of all greenhouse gas emissions reductions reported in a CFP project report.

(22) "Reported Operational CI Value" means the absolute value of the operational CI submitted in a CFP fuel pathway application or annual report used for material misstatement of carbon intensity assessments.

(23) "Reported quarterly fuel transaction quantity for fuel pathway code" means the total of all reported fuel quantities for each fuel pathway code for each transaction type for each quarter in a CFP quarterly report for which the verifier is conducting a material misstatement of quarterly fuel quantity assessment.

(24) "Responsible entity" means a person that is subject to or voluntarily agrees to be subject to the requirements of OAR 340-272-0110, OAR 340-272-0120, or both.

(25) "Sector specific verifier" means a person that has met the requirements to perform such a role under OAR 340-272-0210 and has been approved by DEQ under OAR 340-272-0220 to act as a sector specific verifier in providing verification services as described by this division. This may include, but is not limited to, demonstrating specialized experience in transactions, oil and gas systems, or process emissions.

(26) "Subcontractor" means an individual or business firm contracting to perform part or all of another's contract.

(27) "Total reported emissions" means the total annual greenhouse gas emissions in a GHG Reporting Program emissions data report.

(28) "Validation statement" means the final statement produced by a verification body attesting whether a fuel pathway application is free of material misstatement and whether it conforms to the requirements of California ARB's Low Carbon Fuel Standard.

(29) "Verification" or "third-party verification" means a systematic, independent, and documented process for evaluation of a report or fuel pathway application according to this division.

(30) "Verification body" means a business entity that has met the requirements under OAR 340-272-0210 and has been approved by DEQ under OAR 340-272-0220 to provide verification services and produce verification statements as described by this division.

(31) "Verification services" means services provided during full verification or less intensive verification, including but not limited to reviewing a report or fuel pathway application submitted by a responsible entity, assessing compliance with DEQ regulations, ensuring accuracy according to the standards specified by DEQ, and submitting a verification statement(s) to DEQ.

(32) "Verification statement" means the final statement produced by a verification body attesting whether a report or fuel pathway application submitted by a responsible entity is free of or contains material misstatement and whether it does or does not conform to the applicable requirements.

(33) "Verification team" means all persons working for a verification body, including all subcontractors, to provide verification services.

(34) "Verifier" means an individual person that has met the requirements to perform such role under OAR 340-272-0210 and has been approved by DEQ under OAR 340-272-0220 to provide verification services as described by this division.

Or. Admin. Code § 340-272-0020

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 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