Or. Admin. Code § 340-272-0300

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

Section 340-272-0300 - Requirements for Verification Services

(1) Verification services provided and completed must meet the requirements of OAR 340-272-0405 through OAR 340-272-0495, as applicable to the type of CFP report or fuel pathway application submitted under OAR chapter 340, division 253 or emissions data report submitted under OAR chapter 340, division 215.

(2) Requirements for responsible entities.

(a) Responsible entities must engage the services of a verification body that meets the requirements and criteria under OAR 340-272-0210 and has been approved by DEQ under OAR 340-272-0220 to perform verification under this division for the type of verification services applicable to the responsible entity.

(b) A responsible entity that has been notified by DEQ or by it's verification body that the verification body's DEQ approval has been suspended or revoked, must engage the services of a different DEQ-approved verification body to perform verification.

(c) Each responsible entity must ensure that the verification services provided on its behalf meet the requirements of this division.

(d) Records retention and availability requirements.

(A) Responsible entities must retain records necessary for completing verification services and records requested by the verification team according to the recordkeeping requirements of OAR chapter 340, division 215 or OAR chapter 340, division 253, as applicable.

(B) Responsible entities must retain for verification purposes and make available to the verification team the following:

(i) All information and documentation used to calculate and report emissions, fuel quantities, and fuels and electricity transactions;

(ii) All data and information required by or submitted under OAR chapter 340, division 215 or OAR chapter 340, division 253; and

(iii) Other data and information as necessary in order for verification services to be completed.

(C) Responsible entities must maintain documentation to support any revisions made to the initial report or fuel pathway application submitted to DEQ as a result of verification. Documentation for all submittals must be retained by the responsible entity in paper or electronic format for a period of at least seven years.

(3) Requirements for verification bodies and verifiers.

(a) Eligibility to perform verification.

(A) A verification body or verifier must meet the requirements and criteria of OAR 340-272-0210 and must have DEQ approval under OAR 340-272-0220 to be eligible to perform verification under this division.

(B) Verifiers must be employed by, or contracted with a DEQ-approved verification body in order to provide verification services under this division.

(b) Subcontracting.

(A) Any verification body that elects to subcontract a portion of verification services must meet the following requirements:

(i) The verification body must assume full responsibility for verification services provided by subcontractor verifiers;

(ii) A verification body that engages a subcontractor shall be responsible for demonstrating an acceptable level of conflict of interest, as provided in OAR 340-272-0500, between its subcontractor and the reporting entity for which it will provide verification services;

(iii) A verification body that engages a subcontractor is responsible for ensuring the subcontractor shall not further subcontract or outsource verification services for a reporting entity.

(B) All subcontractors must apply for and meet the requirements and criteria for DEQ approval under OAR 340-272-0210 and be approved by DEQ under OAR 340-272-0220 in order to provide the verification services for which the subcontractor has been engaged by the verification body.

(c) If a verification body receives a final determination from DEQ under OAR 340-272-0220(3) that is described in paragraphs (A) through (C) below, then the verification body must provide written notification all responsible entities with which it is currently engaged to provide verification services or that have received verification services from it within the past six months of DEQ's final determination within ten calendar days of receiving such final determination, and the verification body may not continue to provide verification services until the verification body receives DEQ approval to recommence such services under OAR 340-272-0220:

(A) Any modification relevant to the verification services provided;

(B) Suspension of DEQ approval of the verification body or any of its verifiers, lead verifiers, sector specific verifiers, or subcontractors; or

(C) Revocation of DEQ approval of the verification body or any of its verifiers, lead verifiers, sector specific verifiers, or subcontractors.

(d) Records retention.

(A) Verification bodies that provide verification services under this division must retain documentation relating to verification in paper or electronic format for a period of at least seven years following the submission of each verification statement.

(B) The documentation must allow for a transparent review of how a verification body reached its conclusion in the verification statement, including independent review. At a minimum, the documentation retained must include:

(i) Report(s) or fuel pathway application(s) submitted by the responsible entity to DEQ for which verification services are being provided;

(ii) Contracts for verification;

(iii) Verification plan(s);

(iv) Sampling plan(s);

(v) Verification report(s);

(vi) Verification statement(s); and

(vii) Any other documentation, calculations, and verification notes developed as part of providing and completing verification services.

Or. Admin. Code § 340-272-0300

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