Or. Admin. Code § 340-215-0044

Current through Register Vol. 63, No. 11, November 1, 2024

Section 340-215-0044 - Emissions Data Reports

(1) Regulated entities must monitor emissions and submit emissions data reports to DEQ following the requirements specified in this division. Individual emissions data reports are identified as follows:

(a) An individual emissions data report must be submitted by and for each stationary source and electric power system facility required to register and report under OAR 340-215-0030(2);

(b) An individual emissions data report including emissions from all electric power system facilities located in Oregon must be submitted by an investor-owned utility required to register and report under OAR 340-215-0030(2)(c)(C);

(c) An individual emissions data report must be submitted by each fuel supplier and in-state producer required to register and report under OAR 340-215-0030(3);

(d) An individual emissions data report must be submitted by each natural gas supplier and in-state producer required to register and report under OAR 340-215-0030(4);

(e) An individual emissions data report must be submitted by each electricity supplier required to register and report under OAR 340-215-0030(5) and by any third-party that reports on behalf of a consumer-owner utility. A third-party reporting on behalf of a consumer-owned utility must also include all information described under OAR 340-215-0120(4) and (5), as applicable;

(f) An individual emissions data report submitted by each asset-controlling supplier seeking designation by DEQ must include all information described under OAR 340-215-0120(7); and

(g) An individual emissions data report must be submitted by the owner or operator of a facility containing petroleum and natural gas systems required to register and report under OAR 340-215-0030(6) and must include all emissions and related information described in OAR 340-215-0125.

(2) When monitoring emissions and submitting emissions data reports, regulated entities must:

(a) Utilize registration and reporting tools approved and issued by DEQ for all certifications and submissions;

(b) Submit and certify completed registration and emissions data reports. A separate emissions data report must be submitted for each emission data report type identified in this rule, as applicable, and for each individual stationary source, and must include all data and information as required by OAR 340-215-0105 through OAR 340-215-0125, as applicable; and

(c) Submit and certify any revisions to emissions data reports. If a regulated entity identifies an error in a submission, or is notified of such an error, the regulated entity must submit a revision to correct the error within 45 calendar days of discovery. Regulated entities subject to the requirements under OAR chapter 340, division 272 must submit revisions in compliance with division 272.

(3) Emissions data reports submitted to DEQ must include the following information:

(a) Facility name or supplier name (as appropriate), facility or supplier ID number, and physical street address of the facility or supplier, including the city, state, and zip code;

(b) Year and months covered by the report;

(c) Date of submittal;

(d) All information required by this division to calculate and report greenhouse gas emissions;

(e) Annual emissions of each greenhouse gas, as required under this division; and

(f) A certification from the designated representative as required under OAR 340-215-0040(1).

(4) Increases or decreases in emissions. If a regulated entity subject to OAR 340-215-0105 submits an emissions data report that indicates emissions equaled or exceeded 25,000 MT CO2e during the previous year, then the regulated entity must include the following information in the emissions data report:

(a) Whether a change in operations or status resulted in an increase or decrease of more than five percent in emissions of greenhouse gases in relation to the previous data year; and

(b) If there is an increase or decrease of more than five percent in emissions of greenhouse gases in relation to the previous year, the regulated entity must provide a brief narrative description of what caused the increase or decrease in emissions. Include in this description any changes to the regulated entity's permit status.

(5) When reporting biomass-derived fuels and hydrogen, the following requirements also apply:

(a) In addition to the requirements of section (3), a regulated entity reporting biomass-derived fuels or hydrogen must retain records as required by OAR 340-215-0042, and separately identify, calculate, and report:

(A) All direct emissions of biogenic CO2 resulting from the combustion of biomass-derived fuels; and

(B) For stationary sources direct emissions of biogenic CO2 resulting from the oxidation of biomass-derived fuels;

(b) When reporting fuels where biomass and fossil feedstocks are processed in the same facility to produce the fuel, persons may request DEQ approval of a methodology for the attribution of the biogenic feedstock to determine the amount of the final reported product that may be reported as biogenic. Regulated entities must receive written DEQ approval to use the attribution methodology prior to reporting;

(c) When reporting emissions from gaseous biomass-derived fuels or use of hydrogen, report the following information for each contracted delivery:

(A) The type and quality of the gas, including the high heating value of the claimed gas;

(B) Name and address of all intermediary and direct vendor(s) from which the fuel is purchased;

(C) Name, address, and facility type from which the fuel was produced;

(D) Annual amount contractually delivered, disaggregated by each vendor, in MMBtu for biomethane, kilograms for hydrogen and standard cubic feet for other gaseous fuels;

(E) Feedstock(s) used to produce the gas;

(F) Method(s) used to produce the gas;

(G) Month and year in which the gas was produced;

(H) Method of delivery to Oregon;

(I) The lifecycle carbon intensity, as defined in OAR chapter 340, division 253 of the pathway for the contractually delivered biomethane or hydrogen. Lifecycle carbon intensity values must be estimated using the methodology and tools described in OAR chapter 340, division 253. Upon request from a regulated entity showing good cause to use a different method than one described in OAR chapter 340, division 253, DEQ may approve another methodology;

(J) Based on the quantity of biomethane or hydrogen reported using book and claim accounting, the equivalent amount of natural gas use in Oregon (MMBtu);

(K) Name and air permit source identification number for the final end user of the gas in Oregon, if applicable; and

(L) Records demonstrating that no other party can make a claim on environmental attributes that are being reported under this division. The quantity of energy covered by the environmental attributes must match or exceed the volume of fuel reported under this division. Records must demonstrate that the retired renewable thermal credits, certificates or claimed environmental attributes were generated within the same reporting data year; and

(d) Regulated entities reporting contractual deliveries of gas using book and claim accounting must also:

(A) Report the specific type and volume of gas claimed as injected into a natural gas pipeline and delivered to Oregon in the reporting data year;

(B) Report the point of injection into a pipeline connected to Oregon;

(C) If using an electronic tracking system approved by DEQ for book and claim accounting, the regulated entity must submit records showing the retirement of all environmental attributes of the gas that are being reported under this division; and

(e) Retain and make available sufficient records to allow for verification of all reporting requirements in this section, including but not limited to those described in OAR 340-215-0040(7) and OAR 340-215-0042.

(6) Regulated entities subject to the requirements of 40 C.F.R. 98.3(i) must meet those requirements for data used in developing emissions data reports.

Or. Admin. Code § 340-215-0044

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 468A.050 & 468A.280

Statutes/Other Implemented: ORS 468 & 468A