Or. Admin. Code § 340-273-0150

Current through Register Vol. 63, No. 12, December 1, 2024

Section 340-273-0150 - Covered Entity Permit Requirements

(1) A person described in either or both OAR 340-273-0110(3) or (4) must apply for a CPP permit as provided in this section.

(a) The person must apply for a CPP permit according to subsections (b) and (c) by the following deadlines:

(A) If DEQ notifies the person in writing that the person is a covered fuel supplier, then the person must apply to DEQ for a CPP permit within 30 days of the notification or by another date DEQ specifies in the notification that is at least 30 days after the date of the notification;

(B) If DEQ does not provide a notification according to paragraph (A), then the person must apply to DEQ for a CPP permit by April 15 of the year after the calendar year that the person becomes a covered fuel supplier; or

(C) If there was a change in ownership or operational control according to OAR 340- 273-0120(2), then the person must apply to DEQ for a CPP permit within 45 days of the change in ownership or operational control.

(b) A person that submits a CPP permit application to DEQ must submit a complete and accurate application. The application for a CPP permit must be submitted to DEQ using a form approved by DEQ and include:

(A) Identifying information about the covered fuel supplier including name, full mailing address, and website, and designated representative's contact information including name, title or position, phone number, and email address;

(B) If the person is a covered fuel supplier that is not a local distribution company, information about each related entity required to report emissions according to OAR chapter 340, division 215, including legal name, full mailing address, and whether each is a covered fuel supplier and holds a CPP permit; and

(C) The following attestation, signed by the designated representative of the person considered a covered fuel supplier;

I certify under penalty of perjury under the laws of the State of Oregon that to the best of my knowledge and belief, the information provided in this form is true, accurate, and complete. [Covered entity] meets the Climate Protection Program applicability requirements described in OAR 340-273-0110 and requests a permit with the understanding that [covered entity] must comply with such permit as provided in Oregon Administrative Rules chapter 340, division 273.

(c) DEQ may issue a CPP permit to a covered fuel supplier that submits a complete and accurate application. The permit may contain all applicable provisions of this division and such other conditions as DEQ determines are necessary to implement, monitor and ensure compliance with this division.

(2) A person described in either OAR 340-273-0110(5) or (6) must apply for a CPP permit as provided in this section.

(a) The CPP permit application deadlines are:

(A) If DEQ notifies the owner or operator in writing that they are a covered entity, then the owner or operator must apply to DEQ for a CPP permit within 60 days of the notification or by another date DEQ specifies in the notification that is at least 60 days after the date of the notification; or

(B) If DEQ does not provide a notification according to paragraph (A), then the owner or operator must apply to DEQ for a CPP permit by April 15 of the year after the calendar year that the EITE source or DNG source becomes a covered entity.

(b) A covered EITE source or DNG source that submits a CPP permit application to DEQ must submit a complete and accurate application. The application for a CPP permit must be submitted to DEQ using a form approved by DEQ and include:

(A) Identifying information about the covered entity, including name and the name of the person that owns or operates the covered entity, full mailing address, the physical address of the covered entity, and a description of the nature of business being operated, the name, phone number and email address of the designated representative who is responsible for compliance with the permit, the permit number for a source that has already been issued an air quality permit, and the primary and any secondary NAICS code(s) of the covered entity;

(B) A process flow diagram showing the complete production or operational process at the covered entity including all emission units;

(C) For each process or product produced by the covered entity:

(i) The type of process or product and a proposed metric of emissions intensity;

(ii) The level of process or quantity of product produced in each of the 5 previous calendar years, or all years of operation if the facility has not been in operation for 5 years; and

(iii) A calculation of all greenhouse gas emissions in MT CO2e resulting from the process or production of the product in each of the same five previous calendar years used in subparagraph (ii). If multiple processes or products are produced at the covered entity, provide a methodology for allocating emissions to each product; and

(D) Any other information requested by DEQ.

(c) DEQ may issue a CPP permit to a covered EITE source or covered DNG source that submits a complete and accurate application. The permit may contain all applicable provisions of this division and such other conditions as DEQ determines are necessary to implement, monitor and ensure compliance with this division.

Or. Admin. Code § 340-273-0150

DEQ 18-2024, adopt filed 11/22/2024, effective 11/22/2024

Statutory/Other Authority: ORS 468.020, 468A.025, 468A.040 & 468A.135

Statutes/Other Implemented: ORS 468.020, 468A.025, 468A.040, 468A.135, 468.065, 468.035, 468A.010, 468A.015 & 468A.045