Or. Admin. Code § 340-273-0510

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

Section 340-273-0510 - Compliance Instrument Trade Notifications and Process

(1) Covered entities that trade one or more compliance instruments as authorized by OAR 340-273-0500 must notify DEQ of the trade. The designated representatives of both the covered entity transferring the compliance instrument and the covered entity acquiring the compliance instrument must sign and submit a compliance instrument trade form that meets the requirements of this section, using a form approved by DEQ.

(a) The covered entity transferring one or more compliance instruments must sign first; and

(b) The covered entity acquiring the compliance instrument(s) must sign the same form and submit it to DEQ no later than one week after the transferring covered entity signs the form.

(c) All of the following must be included on a compliance instrument trade form:

(A) The agreed upon date of the trade.

(B) The total number of compliance instruments traded, and separately the total number traded from each calendar year's cap.

(C) The total value per compliance instrument (in US dollars), excluding any fees. If a specific dollar value is not paid for the compliance instrument, an estimate must be provided.

(D) As applicable, other information about the trade that DEQ determines is necessary to support DEQ's monitoring of trades and that DEQ includes on the form;

(E) The following information about the covered entity transferring the compliance instrument(s):

(i) Name and full mailing address of the covered entity.

(ii) Designated representative's contact information including name, title or position, phone number, and email address.

(iii) The following attestation, signed by the designated representative:

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 in this form is true, accurate, and complete. [Covered entity] is transferring these compliance instruments to [covered entity that is acquiring] for the price described in this form.

(F) The following information about the covered entity acquiring the compliance instrument(s):

(i) Name and full mailing address of the covered entity.

(ii) Designated representative's contact information including name, title or position, phone number, and email address.

(iii) The following attestation, signed by the designated representative:

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 in this form is true, accurate, and complete. [Covered entity] is acquiring compliance instruments from [covered entity that is transferring] for the price described in this form.

(2) After DEQ receives a compliance instrument trade form for one or more compliance instruments as described in section (1), DEQ will inform the applicant either that the submitted form is complete or that additional specific information is required to make the form complete. Upon receipt of a complete form signed by both parties involved in a trade, DEQ will track traded compliance instruments. DEQ will notify the designated representative of the covered entity acquiring compliance instrument(s) in writing of availability of these compliance instruments. DEQ will notify the designated representative of the covered entity transferring compliance instrument(s) in writing that the covered entity no longer holds the compliance instruments. If DEQ determines that the form is incomplete, DEQ will not track the requested trade unless and until the applicant provides the additional information requested by DEQ to make the form complete, and such instruments will not be available to the covered fuel supplier acquiring the instruments.

(3) A covered entity acquiring one or more compliance instrument(s) in a trade may not use the compliance instrument(s) in other trades or toward demonstration of compliance with any compliance obligation until the trade has been reported to DEQ and DEQ has tracked the traded compliance instrument(s).

Or. Admin. Code § 340-273-0510

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

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