OAR 340-253-0640: Specific Requirements for Reporting Under this Division

(1) For natural gas or biomethane (inclusive of CNG, LNG, and L-CNG), any registered party must report the following as applicable under this division: (a) For CNG and L-CNG, the amount of fuel in therms dispensed per reporting period for all LDV and MDV, HDV-CIE, and HDV-SIE. (b) For LNG, the amount of fuel dispensed in gallons per compliance period for all LDV and MDV, HDV-CIE, and HDV-SIE. (c) For fossil CNG, L-CNG, and LNG, the carbon intensity as listed in “Table 4 – Oregon Carbon Intensity Lookup Table,” under OAR 340-253-8010 or approved under OAR 340-253-0450. (d) For biomethane-based CNG, LNG, and L-CNG, the carbon intensity as approved under OAR 340-253-0450 and the EPA production company identification number and facility identification number. In addition: (A) If the biomethane-based volumes are being reported using a book-and-claim methodology, the registered party must submit records showing the retirement of RTCs representing the biomethane environmental attributes from that facility in M-RETS Renewable Thermal system or another approved and recognized tracking system with the quarterly report. The retirement records must show enough RTCs were retired to cover the volume of biomethane claimed as a fuel in the CFP and those certificates must be from the same biomethane production facility to which the fuel pathway code is assigned; and (B) If biogas or biomethane is being used that is directly delivered to a vehicle and not injected into a pipeline, the registered party must provide the following attestation when it files file the quarterly report for the corresponding volume of biogas or biomethane claimed. “I certify that to the extent that the gas used in the fuel pathway or supplied as a fuel is characterized as biogas or biomethane, __________ (registered party name) owns the exclusive rights to the corresponding environmental attributes. __________ (registered party name) has not sold, transferred, or retired those environmental attributes in any program or jurisdiction other than the federal RFS. Based on diligent inquiry and review of contracts and attestations from our business partners, I certify under penalty of perjury under the laws of the State of Oregon that no other party has or will sell, transfer, or retire the environmental attributes corresponding to the biomethane for which _______(registered party name) claims credit in the CFP program.” (2) For electricity, any registered party must report the following as applicable under this division: (a) The information specified for electricity in Table 5 under OAR 340-253-8010; (b) For each public access charging facility, fleet charging facility, workplace private access charging facility, multi-family dwelling, or other on-road or off-road vehicle charging, the amount of electricity dispensed in kilowatt hours in that calendar quarter to vehicles by each registered and approved FSE; (c) For each public transit agency, the amount of electricity dispensed to or consumed by vehicles used for public transportation in kilowatt hours in that calendar quarter. The report must: (A) Separately report uses for light rail, streetcars, aerial trams, or electric transit buses; and (B) For light rail, streetcars, and aerial trams, separately report electricity used in portions of their system placed in service before and after January 1, 2012; (d) To claim a carbon intensity other than a statewide or utility-specific mix, or directly connected renewable power under the Lookup Table in OAR 340-253-8010, a registered party must: (A) Submit documentation that qualifying RECs were retired in a recognized renewable electricity tracking system for the unique purpose of covering that specific charging at the same time as the submittal of the quarterly report; or (B) Submit documentation at least annually that the electric vehicle chargers are covered by a Utility Renewable Electricity Product or a power purchase agreement that has been approved by DEQ for a carbon intensity. The carbon intensity assigned to the product or agreement can only be used for reporting if the electric vehicle chargers are covered by that same product or agreement for the time period which is being reported; (e) Any entity that claims a carbon intensity using paragraph (2)(d)(A) must annually submit proof of completion of final verification or a validation statement from the Green-e Program for the RECs used to generate incremental credits. Failure to submit such proof is grounds for DEQ to invalidate any incremental credits issued to the entity under the procedures of OAR 340-253-0670; (f) For entities reporting forklift charging, the amount of electricity dispensed to, or consumed by, forklifts, and separately reported for each registered and approved FSE. The report must separately report electricity used to charge forklifts built in or before model year 2015 and electricity used to charge forklifts built in model year 2016 and after; and (g) For entities reporting electricity dispensed into electric vehicles or mobile equipment where the vehicle or equipment is registered as an FSE, the entity must annually attest at the time of the annual report that all electric charging reported to the CFP occurred in the state of Oregon. The following attestation must be used: “I certify that all electrical charging reported by ___________ (registered party name) in ____ (year) occurred within the borders of the State of Oregon.” (3) For renewable hydrocarbon diesel or gasoline co-processed at a petroleum refinery, any registered party must report the following information required under this division, as applicable: (a) If the registered party is also the producer, then DEQ may require the registered party to report the ongoing information required under OAR 340-253-0450; and (b) If the registered party is not the producer, and the producer has not met its obligations under OAR 340-253-0450, then DEQ may require the registered party to report the volume of fuel under a temporary fuel pathway code or the fuel pathway code for clear gasoline or diesel, as applicable. (4) Temperature Correction. All liquid fuel volumes reported in the OFRS under this division must be adjusted to the standard temperature conditions of 60 degrees Fahrenheit (net gallons) as follows: (a) For ethanol, using the formula: Standardized Volume = Actual volume * ((-0.0006301 * T) + 1.0378), where standardized volume refers to the volume of ethanol in gallons at 60°F, actual volume refers to the measured volume in gallons, and T refers to the actual temperature of the batch in °F; (b) For Biodiesel, one of the following two methodologies must be used: (A) Standardized Volume = Actual Volume * ((-0.00045767 * T) + 1.02746025), where Standardized Volume refers to the volume in gallons at 60°F, Actual Volume refers to the measured volume in gallons, and T refers to the actual temperature of the batch in °F; or (B) The standardized volume in gallons of biodiesel at 60°F, as calculated using the American Petroleum Institute Refined Products Table 6B, as referenced in ASTM 1250-08; (c) For other liquid fuels, the volume correction to standard conditions must be calculated by the methods described in the American Petroleum Institute Manual of Petroleum Measurement Standards Chapter 11 – Physical Properties Data, the ASTM Standard Guide for the Use of Petroleum Measurement Tables (ASTM D1250-08), or the API Technical Data Book, Petroleum Refining Chapter 6 – Density; and (d) If a registered party believes the methods in (a) through (c) are inappropriate, they may request to use a different method and DEQ may approve that method if it finds that it is at least as accurate as the methods in (a) through (c). (5) Reporting transfers of regulated fuel between parties. In all reports under this division, all transfers of ownership of a regulated fuel above the rack and sales to below the rack by a position holder must be reported as documented in the product transfer documents. Transfers of ownership of a regulated fuel may be reported below the rack. (6) All reporting of fuels transferred in and out of commingled storage under this division must comply with the following: (a) For reporting liquid fuels that are being transferred in and out of a commingled storage tank or that are commingled in production or in transport, the reporting entity may mass balance transfers out of that commingled tank or system by fuel pathway code based on the gallons input into that tank or system in the current or prior quarter. Liquid gallons reported under a specific fuel pathway code may only be reported as transferred out of commingled storage if they were put into a tank two or more quarters prior if the reporting entity demonstrates to DEQ that the tank has not fully turned over by the quarter it is reporting the volume being transferred out; and (b) For biomethane injected into a common carrier pipeline, the biomethane may only be reported as being fueled into vehicles if it was injected in the current or prior quarter. (7) Reporting Exempt Gallons. When a registered party is claiming an exemption for fuel sold to exempt fuel users as defined in OAR 340-253-0250, that registered party must use the exempt fuel transaction which covers that specific category of fuel user. The registered party must report the precise volume of fuel that was delivered to that exempt fuel user. For blended fuels, all components of the blended fuel must be reported as exempt. (8) Reporting “Not For Transportation” Gallons. When reporting that fuel was sold as not for transportation in the OFRS under this division, the registered party must report in the transaction description field of the OFRS which stationary source, or category of stationary fuel combustion, the fuel was sold to and the number of gallons sold. For blended fuels, all components must be reported as not being used for transportation. (9) All reports of position holder transactions under this division must comply with the following: (a) Registered parties that are position holders must report fuel sold below the rack; (b) Registered parties that are position holders that sell fuel to entities not registered in the CFP may aggregate and report those sales in a single transaction using the “Undefined” business partner descriptor; and (c) Registered parties that are position holders that sell fuel below the rack for export must identify each recipient of such fuel that is registered in the CFP. (10) Reporting Below the Rack Exports. Purchasers of fuel from a position holder that is directly exported without modification must report such fuel, in all applicable reports under this division, using the “Purchase below the rack for export” transaction category. Such purchasers must also report a transaction for the same gallons using an “Export out of Oregon distribution system” transaction. They must also follow the methodology and notification requirements of OAR 340-215-0110(4)(a) and (b). In cases where the exporter is not a reporting entity, the position holder who sold those gallons to the exporter must use the “Export out of the Oregon Distribution System” transaction. (11) Annual reporting of utility credit revenue. All electric utilities that receive base or incremental credits must annually report the following items to DEQ no later than April 30th. Failure to file such a report will result in the backstop aggregator or the incremental aggregator receiving credits for that utility until the utility files any past-due reports. Each utility must report the following information, for the prior calendar year: (a) Total revenue from the sale of base and incremental credits attributable to residential vehicle charging, if applicable in the prior year; (b) For entities whose revenue or expenditures exceed $250,000 in a given year, the percentages that result when dividing the utility’s CFP-related administrative costs, including but not limited to submitting reports, selling credits, and to administer any programs that were funded by CFP revenue from the utility’s sale of incremental credits, including but not limited to project management and development and management of contracts to operate such programs by the amount of revenue reported under subsection (a); (c) A description of the programs that were funded by CFP revenue the utility received from its sale of base credits and the amount spent in each category in the prior year; and (d) A description of the programs that were funded by CFP revenue from incremental credits, the amount spent in each category in the prior year, a description of the class of individuals or listing of organizations that benefited from the programs, and any other data elements that DEQ informs each utility receiving incremental credits that it will require following consultations with the Equity Advisory Committee created under OAR 340-253-0330(12)(j). (12) Hydrogen reporting. Hydrogen reported using a lookup table value that includes biomethane as a feedstock must, in all applicable reports under this division, show that the biomethane or biogas is directly supplied to a hydrogen production facility or supplied via a common carrier pipeline through a book and claim methodology in order to claim biomethane-based hydrogen. If the biomethane is supplied by a book and claim methodology, retirement records for that biomethane must be provided from M-RETS Renewable Thermal Tracking system or another DEQ approved renewable thermal tracking system. (13) Reporting blends of biodiesel, renewable diesel, and fossil diesel. In all applicable reports under this division, when blended, a mixture of biodiesel, renewable diesel, or fossil diesel must be reported according to its actual percentage mix as precisely as it is known by the reporting party. For example, if 100 gallons of a fuel that is labeled as containing 99% of one component and 1% of the other, then the volumes should be reported as 99 gallons of the first and 1 gallon of the second. (14) Deadlines. In the case where a deadline for a quarterly report, annual compliance report, annual fuel pathway, or any other deadline for a requirement set by this program falls on a Saturday, Sunday, or State Holiday as defined by ORS 187.010, the requirements must be met no later than the next business day.