Or. Admin. Code § 340-272-0350

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

Section 340-272-0350 - DEQ Review and Approval of Verification and Re-verification Requirements

(1) DEQ review of verification.

(a) In addition to any other enforcement authority DEQ may have, DEQ retains full authority in determining whether to approve, modify, or reject any verification statement submitted to DEQ for a report or fuel pathway application by a verification body on behalf of a responsible entity under this division.

(b) DEQ may issue an adverse verification statement for a report or fuel pathway application if it has information to support such a conclusion, even if it has received a positive verification statement from a verification body.

(c) DEQ may also issue an adverse verification statement for:

(A) Failure to submit a complete or accurate fuel pathway application or annual or quarterly report in a timely manner;

(B) Failure to conduct or complete third-party verification as required by this division; or

(C) Any other violation of this division, OAR chapter 340, division 215, or OAR chapter 340, division 253.

(2) Re-verification requirements.

(a) If a verification body submits a positive or qualified positive verification statement to DEQ, DEQ may require the applicable responsible entity to have a report or fuel pathway application re-verified by a different verification body within 90 days if:

(A) DEQ finds a high level of conflict of interest existed between a verification body and a responsible entity;

(B) DEQ finds a potential conflict of interest has arisen between the responsible entity and the verification body or any verifier engaged by the responsible entity to perform verification through monitoring as required under OAR 340-272-0500(8);

(C) DEQ makes a determination that any of the bases for modification, suspension, or revocation of DEQ approval under OAR 340-272-0220(3)(a) for a verification body or verifier engaged by the responsible entity to perform verification have occurred, and impacted the verification services provided, or impacted the verification statement(s) submitted to DEQ;

(D) An error is identified that affects the emissions in an emissions data report(s) submitted under OAR chapter 340, division 215, or the credit or deficit calculations in a CFP report(s) or fuel pathway application(s) submitted under OAR chapter 340, division 253; or

(E) A report that received a positive or qualified positive verification statement fails DEQ verification or audit under OAR 340-272-0355.

(b) If DEQ identifies an error and determines that the error does not affect the emissions in an emissions data report, or the credit or deficit calculations in a CFP report or fuel pathway application, a correction may be made by the responsible entity without DEQ set aside of the positive or qualified positive verification statement.

(c) A verification body may not continue to provide verification services to a responsible entity, and the responsible entity must have any report(s) or fuel pathway application(s) verified by a different verification body, upon receiving notification from the verification body with which it is currently engaged to provide verification services of either of the following:

(A) A modification to DEQ approval of the verification body or any members of the verification team that is relevant to the verification services being performed; or

(B) Suspension or revocation of DEQ approval of the verification body or any members of the verification team.

(d) A responsible entity that must have a report or fuel pathway application verified by a different verification body according to subsection (c) may contact DEQ to request an extension if it believes it cannot meet the applicable verification deadline under OAR 340-272-0100(3) and it must receive written approval from DEQ of any extended deadline(s).

Or. Admin. Code § 340-272-0350

DEQ 14-2020, adopt filed 05/07/2020, effective 5/7/2020

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